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“A little more complex”: pro bono commitment in São Paulo corporate law firms “稍微复杂一点”:圣保罗公司律师事务所的无偿服务承诺
IF 0.6 Q2 LAW Pub Date : 2020-06-16 DOI: 10.1080/09695958.2020.1775602
de Sa e Silva Fabio
ABSTRACT Pro bono's development in São Paulo, Brazil, has been a conflictive process, resisted by multiple segments in the legal profession. In 2001, this conflict led the São Paulo State Bar to impose regulatory restrictions on pro bono practice. One of these restrictions involved pro bono services to individuals, which firms or any other practitioner were explicitly prohibited from delivering. In 2015, this changed radically. The bar removed most of its restrictions to pro bono. Many expected that this would cause firms to further their commitment to pro bono and, more specifically, to start offering free legal services to needy individuals. This expectation, however, was not met. In the absence of regulatory restrictions, what explains the decision by São Paulo corporate law firms of whether or not to engage in the provision of individual pro bono services? Based on multiple data sources and a multi-staged empirical research process, this article points to a set of institutional forces and cognitive frames that have shaped the development of pro bono in such firms post-2015. These include law firm organizational rationality, “turf wars” over legal aid work, and lawyers' professional idealism.
摘要公益组织在巴西圣保罗的发展经历了一个矛盾的过程,受到了法律界多个阶层的抵制。2001年,这场冲突导致圣保罗州律师协会对公益行为施加监管限制。其中一项限制涉及向个人提供无偿服务,明确禁止公司或任何其他从业者提供此类服务。2015年,情况发生了根本性变化。酒吧取消了对无偿服务的大部分限制。许多人预计,这将促使公司进一步致力于无偿服务,更具体地说,开始向有需要的个人提供免费法律服务。然而,这一期望没有得到满足。在没有监管限制的情况下,圣保罗公司律师事务所决定是否参与提供个人无偿服务的原因是什么?基于多个数据来源和多阶段的实证研究过程,本文指出了一系列制度力量和认知框架,这些力量和框架塑造了2015年后此类企业公益事业的发展。其中包括律师事务所的组织理性、法律援助工作的“地盘之争”以及律师的职业理想主义。
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引用次数: 0
Judicial recruitment in post-communist context: informal dynamics and façade reforms 后共产主义背景下的司法招聘:非正式动态与公平改革
IF 0.6 Q2 LAW Pub Date : 2020-06-04 DOI: 10.1080/09695958.2020.1776128
N. Tsereteli
ABSTRACT This article focuses on judicial recruitment in post-communist countries and highlights gaps between law and practice which are due to intervening informal dynamics. The case study on Georgia is suitable to explore the power of informality in increasingly formalized systems of decision-making and also in the ones that allocate considerable powers to judges. The article draws inspiration from and contributes to the limited but growing scholarship on informality in judicial governance. It relies on extensive empirical research to discern informal criteria and methods for selecting judges which embody the interests and preferences of the judicial elite and turn elaborate formal rules and procedures into the convenient façade that covers up informal dealings. It signals that recruitment mechanisms, even if structured to eliminate independence-threatening dynamics, can emerge as means of perpetuating the mentality of conformity and help prevent the consolidation of counter-elites willing and able to challenge the dominance of the incumbent leadership.
摘要本文主要关注后共产主义国家的司法招聘,并强调了由于干预非正式动态而导致的法律与实践之间的差距。对格鲁吉亚的案例研究适合于探讨非正式性在日益正式的决策系统以及在将相当大的权力分配给法官的决策系统中的力量。本文从有限但日益增长的关于司法治理非正式性的学术研究中得到启发和贡献。它依靠广泛的实证研究来辨别选拔法官的非正式标准和方法,这些标准和方法体现了司法精英的利益和偏好,并将精心制定的正式规则和程序变成了掩盖非正式交易的便利幌子。这表明,招聘机制,即使是为了消除威胁独立的动力,也可以成为延续从一而三心态的手段,并有助于防止愿意和能够挑战现任领导层统治地位的反精英的巩固。
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引用次数: 2
Ethical misconduct by new Australian lawyers: prevalence and prevention 澳大利亚新律师的道德不端行为:普遍性和预防
IF 0.6 Q2 LAW Pub Date : 2020-05-22 DOI: 10.1080/09695958.2020.1765782
S. Tang, T. Foley, Vivien Holmes
ABSTRACT This paper examines the ethical behaviour of new lawyers from two contrasting points of view. First, we review the prevalence and type of ethical misconduct by lawyers in the Australian state of Victoria during their first three years of practice. This examination is based upon data provided by the professional conduct oversight body, the Victorian Legal Services Board & Commissioner. An analysis of this data provides some understanding of how often and what kinds of misconduct occur, and how new lawyers differ from lawyers, however the data yields limited insight into how we might prevent ethical problems. Consequently, we turn to examine the findings from our empirical study into the ethical climate of legal workplaces. That study investigated the perceptions of new lawyers about the ethical climate of their workplaces and revealed that those perceptions influence new lawyers’ understandings of professionalism and ethical conduct, as well as their job and career satisfaction and psychological wellbeing. By interrogating the developmental and situational context in which ordinary ethicality develops or is inhibited, a new opportunity becomes available to shape new lawyers’ practice towards better ethical outcomes.
摘要本文从两种截然不同的角度审视新晋律师的道德行为。首先,我们回顾了澳大利亚维多利亚州律师在前三年执业期间的道德不端行为的流行程度和类型。这个考试是基于专业行为监督机构,维多利亚法律服务委员会和专员提供的数据。对这些数据的分析可以让我们了解不当行为发生的频率和类型,以及新律师与普通律师的不同之处,然而,这些数据对我们如何预防道德问题的见解有限。因此,我们转而将我们的实证研究结果纳入法律工作场所的道德氛围。该研究调查了新律师对其工作场所道德氛围的看法,并揭示了这些看法影响了新律师对专业精神和道德行为的理解,以及他们的工作和职业满意度和心理健康。通过探究普通道德发展或被抑制的发展和情境背景,一个新的机会成为可能,使新律师的实践朝着更好的道德结果发展。
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引用次数: 0
Am I my corporate’s keeper? Anti-money laundering gatekeeping opportunities of the corporate legal officer 我是我公司的管家吗?公司法务人员的反洗钱把关机会
IF 0.6 Q2 LAW Pub Date : 2020-05-15 DOI: 10.1080/09695958.2020.1761369
Doron Goldbarsht
ABSTRACT This article analyses the importance of including corporate legal officers (also termed general counsel or chief legal officers) in the anti-money laundering (AML) international standard set by the Financial Action Task Force – in particular, the Recommendations dealing with the legal profession. It deconstructs the origins and development of the standard and explores the reasons that led to the inclusion of the legal profession in the AML regime and the ways in which the standard has reshaped regulatory regimes globally. The article fills a void in the existing literature by contemplating the future of the legal professional and the role of corporate legal officers, providing a case study of a profession that is not (yet) required to comply with the AML international standard. This approach differs significantly from that of other literature in the field, which deals comprehensively with the appropriateness of including legal professionals in the AML regime, without considering the impact of exempting CLOs from the regime. The article aims to demonstrate that an understanding of the role of CLOs in the legal profession can shed light on the gaps in the international standard and the consequent risks to the AML regime.
摘要本文分析了将公司法律官员(也称为总法律顾问或首席法律官)纳入金融行动特别工作组制定的反洗钱国际标准的重要性,特别是涉及法律职业的建议。它解构了该标准的起源和发展,并探讨了将法律专业纳入反洗钱制度的原因,以及该标准重塑全球监管制度的方式。这篇文章通过思考法律专业人员的未来和公司法律官员的作用,填补了现有文献中的空白,提供了一个(尚未)需要遵守《反洗钱法》国际标准的职业的案例研究。这一方法与该领域的其他文献有很大不同,后者全面论述了将法律专业人员纳入反洗钱制度的适当性,而没有考虑将CLO从该制度中豁免的影响。这篇文章旨在证明,了解CLO在法律界的作用,可以揭示国际标准中的差距以及随之而来的AML制度风险。
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引用次数: 1
A five-year gender equality score card for the Philippine Supreme Court under its first woman Chief Justice: opportunities seized and missed 菲律宾最高法院在首位女性首席大法官领导下的五年性别平等记分卡:抓住和错过的机会
IF 0.6 Q2 LAW Pub Date : 2020-05-03 DOI: 10.1080/09695958.2019.1646655
Emily Sanchez Salcedo
ABSTRACT On 24 August 2012, the Honourable Maria Lourdes Sereno was appointed Chief Justice of the Philippine Supreme Court, the first woman to hold such position since its establishment in 1901. Several cases involving important women’s issues decided during her term were reviewed in this work, inspired by the possibility that a young, brilliant and hardworking woman of humble beginnings sitting at the helm could make a difference. Indeed, the Chief Justice manifested commendable grit in registering meaningful dissent in Imbong v. Ochoa, where she championed women’s bodily autonomy, and when she wrote a provocative concurrence in Vinuya v. Romulo, where she gave hope to women who suffered wartime atrocities. However, she missed an opportunity to put the rape shield law into good use in deciding People v. Batuhan and Lacturan. Her concurrence was also disappointing in Garcia v. Drilon, where she favoured rational basis review over intermediate level of scrutiny for gender-based classification, in People v. Jumawan where a conviction for marital rape was based on romantic paternalism, in People v. Palotes where additional compensatory damages were not considered for a rape victim who bore a child, in People v. Tionloc where acquittal was based on rape myths, and in People v. Caoili where the Court refused to call rape by its ugly name.
摘要2012年8月24日,尊敬的Maria Lourdes Sereno被任命为菲律宾最高法院首席大法官,这是自1901年菲律宾最高法院成立以来首位担任该职位的女性。这项工作回顾了她任期内决定的几个涉及重要妇女问题的案件,灵感来自一位出身卑微的年轻、聪明、勤奋的女性掌舵可能会产生影响。事实上,首席大法官在Imbong诉Ochoa一案中表现出了值得赞扬的勇气,她在该案中支持女性的身体自主,并在Vinuya诉Romulo一案中写下了挑衅性的赞同书,她给遭受战争暴行的女性带来了希望。然而,她错过了一个机会,在人民诉巴图汉和拉图兰案的判决中充分利用强奸保护法。在Garcia诉Drillon案中,她的同意也令人失望,在该案中,她倾向于对基于性别的分类进行理性基础审查,而不是中等程度的审查;在People诉Jumawan案中,婚内强奸罪的定罪是基于浪漫的家长作风,在People v.Palotes案中,对生育孩子的强奸受害者不考虑额外的赔偿。在Tionloc案中,无罪判决是基于强奸神话,在People v.Caoili案中,法院拒绝称强奸为丑陋的名字。
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引用次数: 0
The Judicial Service Commission and the appointment of Women: more to it than meets the eye 司法服务委员会和妇女的任命:对它来说意义重大
IF 0.6 Q2 LAW Pub Date : 2020-05-03 DOI: 10.1080/09695958.2019.1622547
Tabeth Masengu
ABSTRACT The Judicial Service Commission (JSC) in South Africa was established in response to a pre-democratic era appointment system rich in patronage, opaqueness, and invariably, inequality. The use of judicial appointment bodies has been recommended by the Commonwealth Latimer House Principles, as a method of preserving judicial independence. However, not much research has been conducted into whether there is an absence of patronage and power dynamics when judicial appointment bodies replace executive type of appointments. This paper suggests that the introduction of appointment bodies does not eradicate privilege and power dynamics as some might believe. Rather, it creates a different type of dynamic that can be harmful for women.
南非司法服务委员会(JSC)的建立是为了应对前民主时代的任命制度,该制度充满了任免、不透明和不平等。《英联邦拉蒂默府原则》建议使用司法任命机构,作为维护司法独立的一种方法。然而,在司法任命机构取代行政任命时,是否存在庇护和权力动态的缺失,这方面的研究并不多。这篇论文表明,任命机构的引入并没有像一些人认为的那样消除特权和权力动态。相反,它创造了一种可能对女性有害的不同类型的动态。
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引用次数: 4
Women and judicial appointments 妇女和司法任命
IF 0.6 Q2 LAW Pub Date : 2020-05-03 DOI: 10.1080/09695958.2020.1794513
U. Schultz, Tabeth Masengu
The six papers in this special issue deal with various aspects of women in the judiciary in six different countries: two contributions are from sub-Saharan Africa: South Africa and Nigeria, two from Europe: Northern Ireland and Spain and two from very different parts of Asia: Turkey and the Philippines. The papers on Africa and Europe have been presented at an Expert Seminar on Gender and the Judiciary organised by Tabeth Masengu under the auspices of the Human Rights Centre at Ghent University in Belgium on the 27th of April 2018. The two papers on Asia have been developed in the context of a project on Women Judges in Muslim Courts of Law which was an International Research Collaborative for the international socio-legal meeting in Mexico-City in 2017. Adding new countries, this special issue of the International Journal of the Legal Profession complements other international comparative collections on gender issues in the judiciary which have been published in the past years. These include the comprehensive volume with 30 contributions on 19 countries “Gender and Judging” (Schultz and Shaw 2013a), two special issues of the International Journal of the Legal Profession “Women in the Judiciary” (Schultz and Shaw 2012), and “Gender and Judicial Education” (Schultz et al. 2016); and a collection on “Women Judges in the Muslim World” (Lindbekk and Sonneveld 2017) as well as an upcoming issue of the Onati Socio-Legal Online Series on Gender in Muslim courts of Law. National publications are innumerable and still new research projects on related issues are launched, e.g. at the University of Bergen/ Norway on “Women on the Bench. The Role of Female Judges in Fragile States”. Also documentary films on women judges have been produced: e.g. on Ruth Bader Ginsberg, the feminist judge at the American Supreme Court, “RBG” and “On the Basis of Sex” (both 2018), “The Judge” (2018) about the first female Sharía Court judge in Palestine, “Lady Judges in Pakistan” (2013) by Livia and Marius Holden, “Courting Justice” (2010) by Ruth Cowan about Women Judges in South Africa after Apartheid, “Sisters in Law” (2005) about women judges in Kameron. A broad range of subjects related to women in the judiciary are covered in all the mentioned publications. These include topics such as access and careers in the judiciary, dealing with the question: Do women have equal chances in the judiciary, do they have equal representation in higher positions or do they hit the famous glass ceiling? Are they accepted by their colleagues and by clients at court, male and female clients? Is there indecent behaviour and/or discrimination against female judges? Is it easy or particularly difficult for women in the judiciary to find a work/family-life balance? What are impeding factors? What are the prevailing gender images in their societies? Is there a relation between participation of women in the judiciary and prestige and pay? Do women judge differently? In what way may gender, age,
本期特刊的六篇论文涉及六个不同国家司法部门妇女的各个方面:两篇来自撒哈拉以南非洲:南非和尼日利亚,两篇来自欧洲:北爱尔兰和西班牙,两篇来自亚洲非常不同的地区:土耳其和菲律宾。关于非洲和欧洲的论文已于2018年4月27日在比利时根特大学人权中心主持下由Tabeth Masengu组织的性别与司法专家研讨会上发表。这两篇关于亚洲的论文是在“穆斯林法院的女法官”项目的背景下编写的,该项目是2017年墨西哥城国际社会法律会议的国际研究合作项目。加上新的国家,本期《国际法律专业杂志》特刊补充了过去几年出版的关于司法中性别问题的其他国际比较文集。其中包括涵盖19个国家的30篇文章的综合卷《性别与审判》(Schultz and Shaw 2013),《国际法律专业杂志》的两期特刊《司法中的女性》(Schultz and Shaw 2012)和《性别与司法教育》(Schultz et al. 2016);以及一本关于“穆斯林世界的女法官”的合集(Lindbekk and Sonneveld 2017),以及即将出版的关于穆斯林法院性别的Onati社会法律在线系列。国家出版物数不胜数,而且还开展了有关问题的新研究项目,例如在卑尔根大学/挪威开展了关于“法官上的妇女”的研究项目。脆弱国家中女法官的作用”。也制作了关于女法官的纪录片:例如,在美国最高法院的女权主义法官Ruth Bader Ginsberg,“RBG”和“基于性别”(2018年),“法官”(2018年)关于巴勒斯坦第一位女性Sharía法院法官,“巴基斯坦女法官”(2013年)由Livia和Marius Holden,“追求正义”(2010年)由Ruth Cowan关于种族隔离后南非的女法官,“姐夫”(2005年)关于喀麦隆女法官。上述所有出版物都涉及与司法部门妇女有关的广泛问题。其中包括司法部门的机会和职业等主题,涉及的问题是:女性在司法部门是否有平等的机会,她们在更高的职位上是否有平等的代表性,或者她们是否遇到了著名的玻璃天花板?她们在法庭上是否被同事和客户所接受,无论男女?是否有不雅行为及/或歧视女法官?司法部门的女性在工作和家庭生活之间找到平衡是容易还是特别困难?阻碍因素是什么?在他们的社会中,主流的性别形象是什么?妇女参与司法与声望和薪酬之间是否存在关系?女性的判断不同吗?性别、年龄、婚姻父母状况、职位和种族/民族会以何种方式影响他们的决策(当然还有他们的男性同行)?阶级或其他背景上的差异会在精英女法官和“普通”女法官之间造成隔阂吗?女法官对客户是否有更关心的态度?法庭上的人对女法官的期望是什么?
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引用次数: 3
Being a woman judge in Turkish judicial culture 土耳其司法文化中的女法官
IF 0.6 Q2 LAW Pub Date : 2020-05-03 DOI: 10.1080/09695958.2019.1667807
Seda Kalem
ABSTRACT This study is a feminist exploration of how gender influences the professional and social lives of women judges in Turkey. I asked women judges from lower courts to talk about their professional journey to explore if and how gender emerges as a category that makes sense to them. Gender was sometimes more visible in the form of a “success” story of playing along men’s rules, or in memories of struggling to balance work and family; while other times it was more implicit in narratives on meeting expectations, failing expectations, ignoring expectations. All in all, these narratives attest to the gendered hierarchies and instances of institutional sexism in what is considered a masculine profession. They also reveal the prevalence of a particularly conservative and patriarchal culture upon the ways in which these inequalities and disadvantages are experienced by women judges in Turkey.
摘要本研究是对性别如何影响土耳其女法官职业和社会生活的女权主义探索。我请下级法院的女法官谈谈她们的职业生涯,探讨性别是否以及如何成为一个对她们有意义的类别。性别有时以遵循男性规则的“成功”故事的形式更为明显,或者在努力平衡工作和家庭的记忆中更为明显;而其他时候,它更多地隐含在满足期望、辜负期望、忽视期望的叙述中。总的来说,这些叙述证明了在被认为是男性的职业中,性别等级制度和制度性性别歧视的例子。它们还揭示了土耳其女法官在经历这些不平等和不利情况时普遍存在的特别保守和父权制文化。
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引用次数: 2
The glass ceiling at the highest levels of the Spanish judiciary 西班牙司法部门最高级别的玻璃天花板
IF 0.6 Q2 LAW Pub Date : 2020-05-03 DOI: 10.1080/09695958.2020.1775601
Mónica García Goldar
ABSTRACT In Spain, the number of female judges at the highest levels of the judiciary is very low, despite the approval of two Strategic Plans for Equality in the Judicial Career (2013 and 2020). This situation does not seem to differ from other European countries, according to the data offered by CEPEJ (2018). It is clear that the end of tokenism has not yet arrived, and for that reason, an analysis of the main probable causes for this glass ceiling is carried out in this paper. A greater effort must be made in order to overcome this situation and achieve a better representation of female judges at the highest levels of the judiciary system.
在西班牙,尽管批准了两项司法职业平等战略计划(2013年和2020年),但最高级别司法部门的女法官数量非常少。根据CEPEJ(2018)提供的数据,这种情况似乎与其他欧洲国家没有什么不同。很明显,象征性的终结还没有到来,因此,本文对这种玻璃天花板的主要可能原因进行了分析。必须作出更大的努力,以克服这种情况,使女法官在司法系统的最高级别有更好的代表性。
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引用次数: 1
Unequal access to law school: a study of gender and class in Colombia 进入法学院的机会不平等:对哥伦比亚性别和阶级的研究
IF 0.6 Q2 LAW Pub Date : 2020-04-27 DOI: 10.1080/09695958.2020.1751167
María Adelaida Ceballos-Bedoya
ABSTRACT This article explores the relationship between the quality of legal education in Colombia and the gender and socio-economic status of law students. This paper shows that women with low economic capital tend to be the most disadvantaged because they can neither afford the best private law programs nor pass the admission tests of the best public programs. By contrast, upper-class women are guaranteed access to high-quality education because they have the economic capital to enter the best private programs without having to overcome major academic filters. Given that most law students have limited economic resources, one could say that the feminization of legal education has been achieved at the expense of lower-class women who are forced to study in low-quality programs. In this regard, Colombian legal education reproduces gender and class inequalities instead of reducing them.
本文探讨了哥伦比亚法律教育质量与法律专业学生的性别和社会经济地位之间的关系。本文表明,经济资本低的女性往往处于最不利的地位,因为她们既负担不起最好的私法项目,也无法通过最好的公共项目的入学考试。相比之下,上层阶级女性有保障获得高质量的教育,因为她们有经济资本进入最好的私人项目,而不必克服主要的学术障碍。鉴于大多数法律系学生的经济资源有限,可以说,法律教育的女性化是以牺牲被迫学习低质量课程的下层女性为代价的。在这方面,哥伦比亚的法律教育再现了性别和阶级不平等现象,而不是减少这些现象。
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引用次数: 0
期刊
International Journal of the Legal Profession
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