Legal Services Regulation at the Crossroads PDF Download

Author: Noel Semple
Publisher:
ISBN: 9781784711658
Category : Legal services
Languages : en
Pages : 0

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Book Description
Through a comparative study of English-speaking jurisdictions, this book seeks to illuminate the policy choices involved in legal services regulation as well as the important consequences of those choices. Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, legal services regulation can also undermine access to justice and suppress innovation, while failing to accomplish any of its lofty ambitions. The book seeks a path forward to increasing regulation's benefits and reducing its burdens for clients and for the public. It proposes a client-centric approach to enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence.

Author: Noel Semple
Publisher: Edward Elgar Publishing
ISBN: 1784711667
Category : Law
Languages : en
Pages : 329

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Book Description
Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a

Author: Avrom Sherr
Publisher: Routledge
ISBN: 1315412950
Category : Law
Languages : en
Pages : 249

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Book Description
For several years legal professions across the world have, to varying degrees, been undergoing dramatic changes as a result of a range of forces such as globalization, diversification and changes in regulation. In many jurisdictions the extent of these transformations have led to a process of professional fragmentation and generated uncertainty at institutional, organisational and individual levels about the nature and future of legal professionalism. As a result legal education is in flux in many of jurisdictions including the United States, the UK and Australia, with further effects in other Common Law and some Civil law countries. The situation in the UK exemplifies the sense of uncertainty and crisis, with a growing number of pathways into law; an increasing surplus of law graduates to graduate entry positions and most recently proposals for reform of legal education and training by the Solicitors Regulation Authority (SRA). This collection addresses both current and historical approaches showing that some problems which appear to be modern are endemic, that there are still some important prospects for change and that policy issues may be more important than the interests of lawyers and educators. This makes this volume a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.

Author: Andrew Boon
Publisher: Bloomsbury Publishing
ISBN: 1509905189
Category : Law
Languages : en
Pages : 309

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Book Description
This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

Author: Mark Goodale
Publisher: OUP USA
ISBN: 0195371844
Category : Political Science
Languages : en
Pages : 251

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Book Description
Human Rights at the Crossroads brings together preeminent and emerging voices within human rights studies to think creatively about problems beyond their own disciplines, and to critically respond to what appear to be intractable problems within human rights theory and practice. It provides an integrative and interdisciplinary answer to the existing academic status quo, with broad implications for future theory and practice in all fields dealing with the problems of human rights theory and practice.

Author: Laura Snyder
Publisher: Lexington Books
ISBN: 1498529801
Category : Law
Languages : en
Pages : 341

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Book Description
We live in a “law-thick” world. For individuals and organizations in both the public and private sectors, navigating the large number of complex laws, rules, institutions, and procedures that pervade American life is virtually impossible without some assistance. Some argue that "there are too many lawyers." Others argue that the unmet need for legal services is so high that it constitutes a human rights crisis. This book exposes why it is easy to access legal services for some, while it is virtually impossible for others, and why some lawyers have successful careers, but others cannot. This book argues that the problems plaguing legal services in the US can be only be addressed by a radical overhaul of the rules that govern how legal services may be delivered, as well as radical changes to who exercises the power to make those rules. Through interviews with those with experience with alternative legal service providers, this book exposes the formidable obstacles that exist along the path to those changes, as well as the opportunities that await. More information can be found at: www.notjustforlawyers.com

Author: Laura Snyder
Publisher: Lexington Books
ISBN: 1498530079
Category : Law
Languages : en
Pages : 385

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Book Description
Most people understand that regulations have a direct bearing on their access to things such as clean air and water and safe working environments. However, in the United States, few people make the connection between how legal services are regulated and how difficult it is for them to access legal services. Indeed, on the question of affordable and accessible civil justice, the World Justice Project ranks the US 94th out of 113 countries, behind Albania, Belarus, Myanmar, and Russia. For decades academics and others have debated whether the legal profession is self-regulated and, if it is, whether it should be. But is it the right debate? Self-regulation—or not—does not obviate the need for effective regulation. Independent, accountable, and transparent regulatory bodies, effective oversight of those bodies, the genuine engagement of citizens in the regulatory process, evidence-based research to fully assess the impact of regulation, and an approach to regulation that is proportionate and targeted to actual risks are essential for effective regulation. Through the lens of the adoption of alternative structures, this book explains how England, Wales, and Australia have, by embracing these essential elements, successfully modernized their regulatory environments for legal services, and how Canada has taken firm steps down its own path to the same. In contrast, by rejecting these elements, the United States remains paralyzed in an unproductive regulatory environment for legal services. This book provides a blueprint for how the US can take inspiration from its common law sisters to breathe new life into its regulatory environment for legal services. Ultimately, modernization will require more—and better—regulation that is financed publicly through equitable, progressive revenue sources.

Author: David Collins
Publisher: Cambridge University Press
ISBN: 1108530397
Category : Law
Languages : en
Pages : 277

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Book Description
This book examines the international legal regime covering trade in legal services. While legal services are a vital component of the economies of many developed and emerging countries, they remain poorly liberalized with numerous restrictions undermining market access for foreign suppliers. Although some modern bilateral and regional trade agreements have begun to address barriers to trade in legal services, few go beyond the basic commitments of non-discrimination and transparency contained in the WTO GATS. This book approaches the pressing need to open the global market for trade in legal services across the four modes of supply: cross border, consumption abroad, commercial presence and temporary movement of natural persons. It considers changes under way within the legal profession brought about by alternative business structures and technology. Both underscore the importance of reconceptualizing trade in legal services as one that should be as open as possible with a view to maximizing competition while safeguarding the needs of clients.

Author: Jonathan E. Nuechterlein
Publisher: MIT Press
ISBN: 0262519607
Category : Technology & Engineering
Languages : en
Pages : 527

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Book Description
A thoroughly updated, comprehensive, and accessible guide to U.S. telecommunications law and policy, covering recent developments including mobile broadband issues, spectrum policy, and net neutrality. In Digital Crossroads, two experts on telecommunications policy offer a comprehensive and accessible analysis of the regulation of competition in the U.S. telecommunications industry. The first edition of Digital Crossroads (MIT Press, 2005) became an essential and uniquely readable guide for policymakers, lawyers, scholars, and students in a fast-moving and complex policy field. In this second edition, the authors have revised every section of every chapter to reflect the evolution in industry structure, technology, and regulatory strategy since 2005. The book features entirely new discussions of such topics as the explosive development of the mobile broadband ecosystem; incentive auctions and other recent spectrum policy initiatives; the FCC's net neutrality rules; the National Broadband Plan; the declining relevance of the traditional public switched telephone network; and the policy response to online video services and their potential to transform the way Americans watch television. Like its predecessor, this new edition of Digital Crossroads not only helps nonspecialists climb this field's formidable learning curve, but also makes substantive contributions to ongoing policy debates.

Author: J. Rosen
Publisher: Edward Elgar Publishing
ISBN: 1781953392
Category : Law
Languages : en
Pages : 297

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Book Description
Intellectual Property Law at the Crossroads of Trade focuses on the elements of intellectual property that impact on trade and competition. The book comprises thoughtful contributions on varying commercial aspects of IP, from parallel imports of pharmaceuticals to exhaustion of rights, and from trade in goods of cultural heritage to regulation of goods in transit. There is detailed discussion of licensing, including cross-border elements, online licensing, and the potential for harmonisation in Europe. This precedes a multi-layered analysis of the Anti-counterfeiting Trade Agreement. This stimulating collection of work will have strong appeal to academics and researchers interested in some of the most pressing issues in intellectual property law, as well as all those with an interest in the intersection of trade and IP.