Professional Minimalism? The Ethical Consciousness of Commercial Lawyers

This article investigates empirically, through semi‐structured interviews, what shapes the professional ethical consciousness of commercial lawyers. It considers in‐house and private practice lawyers side by side, interrogating the view that in‐house ethics are different and inferior to private practice to suggest as much similarity as difference. In both constituencies, and in very similar ways, professional ethical concepts are challenged by the pragmatic logics of business. We examine how their ethical logics are shaped by these pragmatic logics, suggesting how both groups of practitioners could sometimes be vulnerable to breaching the boundary between tenable zeal for the client and unethical or unlawful conduct. Although they conceive of themselves as ethical, the extent to which practitioners are well equipped, inclined and positively encouraged to work ethically within their own rules is open to question. As a result, we argue professional ethics exert minimal, superficial influence over a more self‐interested, commercially‐driven pragmatism.     

The Carhart case and late-term abortions -- what's next in Australia?

A recent case in the United States Supreme Court has indicated a change in course on the issue of abortion rights. In Gonzales v Carhart 127 S Ct 1610 (2007), the Supreme Court, in April 2007, upheld federal legislation banning a particular late-term abortion procedure with no exceptions (even to preserve the mother's life). This column examines the case in the context of recent Australian cases involving abortion issues. It extrapolates from Carhart to consider the potential for the Australian High Court to disrupt access to safe, medically supervised and performed abortion.     

Academic entrepreneurship,technology transfer and society: where next?

I outline a synthesis of micro and macro levels that attempts to provide a broader conceptualization of academic entrepreneurship and an appreciation of the contextual heterogeneity of academic entrepreneurship and the implications for how it occurs. The micro-level concerns how firms orchestrate their resources and capabilities, specifically knowing where resources come from and how to accumulate, bundle and configure them to generate sustainable returns. At the macro level, I analyse four different dimensions of context: temporal, institutional, social and spatial. Consequently, I argue that there is a need for a reconciliation of utilitarian and education-for-education’s sake perspectives on the role of universities.     

China and the EU: Where next in bilateral trade and investment relations?

Trade and investment relations between China and the European Union (EU) have reached a momentous significance. China is the EU’s No. 1 supplier of goods and its second-largest export market. In turn, the EU is China’s largest trading partner. Not only goods but also services trade has large potential to grow, even as China undergoes a structural transition and the EU’s single market faces headwinds from a surge in state-centric political forces within Europe. Transport and trade-related services are bound to expand significantly as China’s integration into the world economy continues. Moreover, Chinese tourists have been flocking to Europe in ever greater numbers, giving a boost to related business. Foreign direct investment (FDI) is becoming the next engine of the China–EU partnership. While the EU is a long-standing investor in China, Chinese direct investment accounts for <1 % of the EU’s total inbound FDI stock. Investment relations have seen tremendous dynamism in line with Chinese companies’ outward expansion and Chinese M&A deals vis-à-vis the EU have grown rapidly in magnitude, scope and sophistication. Finally, plenty of headroom exists for greater adoption of the use of the Chinese Renminbi (RMB) in Europe, supporting financing of both investment and trade. The Bilateral Investment Treaty (BIT) currently in negotiation between China and the EU as well as growing rather than declining interdependence of trade and investment highlight the future potential for a comprehensive free trade agreement between the EU and China.

     

Hero or Villain? Cinematic Lawyers and the Delivery of Justice

This essay is concerned with two specific issues that have as their backdrop the heroic central figure, the trial lawyer. First it considers the role of screen lawyers in seeking to maintain public (in this sense the public is the community within the film) support for the due process of law. The issue is the link between the lawyer and the initiation of the formal legal process. Essentially it is the extent to which the lawyer defends the institution of law. The second part of the piece considers when screen lawyers are permitted to go outside the formal process of law to ensure that the right result is achieved. It examines instances of where lawyers have been prepared to go 'beyond law' to achieve justice. Such acts raise a number of questions concerning how such behaviour affects perception of the legitimacy of the law, professional ethics, and the relationship between law and justice     

Lawyers’ wellbeing and professional legal education

Abstract

THIS PAPER examines the wellbeing and satisfaction levels of lawyers in the workplace. It argues that research suggesting a crisis in the legal profession in the United States is comparable with research on wellbeing and levels of satisfaction for lawyers in Australasia. Some reports in both jurisdictions are critical of conventional legal education and practical legal training programs, which do not encourage students to develop personal and interpersonal skills that can improve self‐awareness, communication skills and the capacity to manage stress and anxiety. Consequently, law students are allowed to assume that these “soft skills” are less important for lawyers compared with cognitive skills such as “knowing the law” and “thinking like a lawyer”.

The paper describes the preliminary results of research conducted with graduates of the School of Law at the University of Newcastle Australia. The results confirm existing research to show that clinical legal education programs that expose law students under supervision to clients with real cases may promote the development of interpersonal skills, which in turn may help them cope with stressors in legal practice, especially in the first few years post‐admission.     

Mental health law and the EU: the next new regulatory frontier?

Over the last decade the EU's engagement with health law and policy has rapidly increased and there is now a growing body of literature highlighting this evolution and the impact of legal and regulatory structures in this area. In contrast the specific impact of EU law and policy in relation to the area of mental health remains the subject of comparatively little engagement. The aim of this paper is to examine whether mental health law and policy will become a major site for EU policy and law in the future. It examines the development of EU policy in this area. It sets this in the context of related legal developments such as the Charter of Fundamental Rights and the new EU Patients Rights Directives. It suggests that while it might be at present premature to envisage that a single body of EU mental health law itself may be unlikely that nonetheless the EU presents what is a potentially very influential site for regulation, law and policy in this area in the years to come.     

Sex and Capacity: The Management of Monsters?

The first consideration by a civil court of the test of capacity to engage in sexual relations – X City Council v MB, NB and MAB – is as recent as 2005. This article places this and subsequent cases in the historical context of the way in which the law has constructed the sexuality of persons with intellectual impairment. The article argues that, beginning with a series of rape cases in the mid to late nineteenth century, which recognised the concept of consent given through the expression of animal instincts, the law has accepted and deployed a model of intellectual impairment which understands expressions of sexuality in terms of an increasingly unstable opposition between vulnerability and danger, understood as the presence or absence of instinct, and as indicating an underlying ‘monstrosity’. The article argues that the historical continuity apparent in the modern case law is unfortunate and should be rectified.     

Research on science and technological entrepreneurship education: What needs to happen next?

The Journal of Technology Transfer - This paper discusses the challenges of technological entrepreneurship education in the current education system and the questions that need to be answered to...     

Agents of Change or Unchanging Agents? The Role of Lawyers within Russian Industrial Enterprises

The transition from state socialism toward market capitalism has led to an almost endless supply of new laws and legal institutions. Industrial enterprises need to adapt to this new institutional regime. In-house lawyers are well placed to be agents of change in facilitating this adjustment. Using survey data from 328 Russian enterprises, the article examines the role of company lawyers, asking whether they have fulfilled this potential. Legal expertise is not in short supply, but lawyers are marginalized within the enterprise. They focus on established, routine tasks, such as handling labor relations or drafting form contracts, rather than on shaping enterprise strategies in the newer areas created by the transition, such as corporate governance or securities law. The failure of in-house lawyers to emerge as agents of change in Russia reflects a continuation of their low status during the Soviet era and the lack of professional identity among these company lawyers.     

The conflict between the ethics of th individual and the ethics governing public health: practical sustainability of health care in jeopardy?

The "health rights movement" has reconstructed the clinical relationship between health care workers and patients by simultaneously demanding more from traditional medical care and challenging the perceived power differential between doctors and patients by rejecting the paternalistic medical model in favour of an individual patients' rights model. However, the growth in individual expectations of a right to health care creates a potential conflict with the ethics that prioritise public health and guide the rationing of its limited financial and human capital resources. This, in turn, creates a practical dilemma which requires public health institutions to become service orientated while sacrificing their integral role in training and educating the medical workforce and potentially compromising the practical sustainable delivery of public health in Australia. However, the law can play a role in resolving this conflict through legislation, regulations, codes, administrative law and common law in an effort to ensure the quality and future sustainability of public health in Australia.     

‘The conflict is ours’: community involvement in restorative justice

Restorative justice (RJ) has attracted extended research relating to its potential to reduce crime, achieve fairness, and promote victims’ well-being, but there is only limited discussion about the involvement of the community in RJ processes. This study employs grounded theory approach to analyze 26 documented files handled by a RJ program in Jerusalem, Israel. It proposes a multilayered construction of community involvement in RJ referring to four modes of community involvement: facilitators, community representatives, social networks, and the direct stakeholders. The analysis uncovers the unique characteristics of each entity, their potential contribution in promoting community interests, and the challenges in fulfilling their potential contribution. The Article further offers a responsive definition for community representation. Practical implications for RJ programs are discussed.     

Why Are There So Many Lawyers in Congress?

Scholars have long sought to explain the overrepresentation of lawyers in Congress. This article draws on a wealth of data to explore the causes and consequences of this representational imbalance. While lawyers enter politics at higher rates, self-selection at best provides a partial explanation. Conditional on running, lawyers win at twice the rate of candidates from other backgrounds. Contrary to prevailing theories in the literature, voters do not reward candidates with backgrounds in law. Rather, lawyers win because of a sizable competitive advantage in early fundraising, owing in large part to their professional networks. This study has important implications for who runs for office, who wins, and the demographic composition of Congress. It also identifies an underexplored mechanism by which the US system of campaign finance sustains deep representational imbalances.