Advocates’ Hats,Roman Law and Admission to the Scots Bar, 1580–1812

The final ceremony for admission as an advocate before the College of Justice in Scotland formerly was the delivery of a speech in Latin on a text of the Corpus iuris civilis from a corner of the bench. The intrant advocate wore a hat for this ceremony. This article discusses the procedures for admission as an advocate to argue that the ritual of wearing a hat had a symbolic meaning central to the aspirations of the Faculty of Advocates. Eventually misunderstood, the ceremony was dispensed with in the early nineteenth century.     

在金融危机中寻求变局

中国本土律所的根本问题出在律所管理模式上,国内律所落后的合伙人提成制度是造成问题的主要原因之一华尔街的金融风暴以迅雷不及掩耳之势蔓延全球,并以前所未有的速度波及到实体经济,企业的严冬必然传导为法律服务行业的寒流。分析人士预测,今后几年内包括律所在内的服务行业都将面临不小的经营压力，尤其是一些规模小，或者业务过于单，一的律所。     

The Idiom of Legalism in Bar Politics: Lawyers, McCarthyism, and the Civil Rights Era

This paper considers the political role of the organized bar from three perspectives: the historical question of the stance taken by bar associations during the major civil rights debates of the post-World War II period; the sociological question of the extent to which legal associations can act collectively on highly contentious political issues; and the legal question concerning the implications of legal formalism for the politics of the bar. Contrary to the belief that legalism is an inherently conservative means of justifying professional inaction on fundamental issues, the paper argues that in fact legalism may well be the most important basis of intra-professional consensus on those issues as well as the most powerful means by which the profession can influence state and national governments. Legalism can be understood as a common professional idiom which allows mobilization on divisive issues. It can be used in support of both liberal and conservative causes. In this sense, within certain limits, legalism is neutral–an expedient which enables the profession to act politically in circumstances which otherwise would effectively immobilize its collegial associations.     

Political Reliability and the Chinese Bar Exam

This article uses the case of contemporary China to explore an understudied type of political socialization: the bar exam. Content analysis of 3,996 exam questions from 2002–2014 shows a turning point in the mid‐2000s, when the test became explicitly political. The newly political exam is now a site of political learning where tomorrow's lawyers, judges, and prosecutors perform loyalty by exchanging politically correct answers for points. Viewed from this perspective, the Chinese bar exam has much in common with demands for public displays of correct behaviour in other authoritarian states. This adds a fresh, political layer to our understanding of whose interests bar exams serve, and why they take the form they do.     

Labours in Vice or Virtue? Neo-liberalism, Sexual Commerce, and the Case of Indian Bar Dancing

Of late, the Indian state has adopted an abolitionist stance towards sex work and bar dancing. This article argues that although in the Indian state of Maharashtra, the judicial overturning of the ban against bar dancing has been celebrated by feminists as a triumph of women's right to livelihood over patriarchal demands of women's sexual morality, the judgment is predicated on a sharp distinction between morally 'good' and 'bad' female labour, namely, bar dancing and sex work. This is ironic given their striking sociological similarities and the stigmatization and levels of state abuse inflicted against both. The article considers the usefulness of the totalizing logic of neo-liberalism for explaining the increased judicial and feminist tolerance for bar dancing. The article argues that prospects for redistributive law reform for all sexual workers are dim unless the arbitrary legal distinctions drawn between markets in female sexual labour are overcome.     

Gender and Professional Values in the Criminal Bar

ABSTRACT

This study is a theoretical application and empirical test of difference theory in the context of private criminal law practice. Difference theory posits that gender is associated with variation in perspectives on justice and morality, and examination of mainstream professional values in the legal system reveals those values to emphasize what are thought to be masculinist values. Hence it is hypothesized that female lawyers will depart from male norms in their expressions of professional values. Results of a survey of practicing lawyers reveals limited support for these theoretical predictions; although male respondents express more extreme advocacy of due process and defendants' rights, women and men differ little in their attitudes toward punishment issues and cynicism regarding defendants.     

Indicators of Democracy in Professional Associations: Elite Recruitment, Turnover, and Decision Making in a Metropolitan Bar Association

This study considers political structure in bar associations with respect to one central problem: the tension between democracy and oligarchy in the internal politics of bar associations. Drawing on both theoretical and empirical material, the authors outline a series of indicators on which the degree of democracy and oligarchy in the organized bar may be measured and then apply these criteria to the Chicago Bar Association from 1950 through 1974. The authors briefly review writings on the political structure of bar associations in the United States and note relevant theoretical perspectives on the politics of voluntary associations. They distinguish several patterns of oligarchy and democracy and explore the consequences of certain trends for the Chicago Bar Association and other bar associations.     

Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing,Bar Regulation,and Immigration Proceedings

Character plays a crucial role in US law. This article explores flaws in how moral character requirements determine who can work in licensed occupations, who can practice law, and who can immigrate to the United States or become a citizen. Section I summarizes psychological research on character, which raises questions about a central legal premise that individuals have a settled disposition capable of accurately predicting their behavior independent of situational influences. Section II examines the role of moral character as an employment credential. Almost a third of the workforce is covered by licensing laws that typically require proof of good character and often unjustly penalize the seventy million Americans with criminal records. Section III examines the idiosyncratic and inconsistent application of moral character requirements for lawyers. Section IV focuses on similar flaws in immigration contexts. Section V identifies reform strategies to improve the fairness of character‐related decisions in the law.     

论毒物致害侵权的时效再造

在涉及潜伏性毒物致害侵权的诉讼中,诉讼时效经过常为被告援引的一项法定抗辩.若不改革现行的诉讼时效制度,那些遭受具有长潜伏期的产品毒物和环境毒物伤害的受害人的权益将无法得到保障.对于这个新问题,国内鲜有具体阐述,因此有必要借鉴美国等这方面制度成熟国家司法实践之经验,重构我国涉及毒物致害侵权诉讼的时效,完善相关立法.     

从Festo案件看“弹性排除规则”

在一般意义上,专利审查历史禁止反悔原则(prosecution history estoppel)(简称禁止反悔原则)是对等同原则(doctrine of equivalent)的法律限制,也就是说,在适用禁止反悔原则时,等同原则要受到限制。但是,在适用禁止反悔原则的情况下,是否完全排除等同原则的适用,这个问题直到不久前才得到最     

Prosecuting and Defending Rape: Perspectives From the Bar

This article discusses the findings of a qualitative study (part of a larger study into rape and criminal justice) which involved in-depth interviews with a sample of ten highly experienced barristers who between them had prosecuted and defended in hundreds of rape trials. It is concerned with the barristers' perceptions of the problems involved in prosecuting rape and the strategies deployed in defending rape cases. The article discusses the ethics of advocacy in the context of rape trials and argues that within the adversarial system there are ethical limits which should be observed.     

律师协会内部机制的运作与完善

中国律师的管理模式是随着中国社会市场经济的发展而发展的,经历了从单一行政管理到现行的司法行政宏观管理和行业协会行业管理相结合的“两结合”管理方式,这是我国政治体制改革的必然结果,是律师事业发展的客观需要,也是最终实现行业管理的必经的一个过渡模式。在现行的“两结合”管理体制框架下,行政的管理更加宏观了,而律师协会的管理又不应仅仅是行政管理模式的简单平行移动。因此,针对律师发展的实际情况,设计和推行律师协会的行业管理的体系,使其适应律师行业发展的规律性,实现真正意义上的自律、自管,是摆在律师协会面前的重要问题…