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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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The American Legal Profession in Crisis: Resistance and Responses to Change

ISBN13: 9780199379750
Published: June 2014
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback
Price: £31.99
Hardback edition , ISBN13 9780199917631

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Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed.

Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?"

The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo.

This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization. Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises.

Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve. This paperback version includes a commentary on the prevailing crisis in legal education.

Other Jurisdictions , USA
Chapter 1: What Crisis? Who Speaks for the Profession?
Chapter 2: The Immigrant Wave
Chapter 3: Communist Infiltration
Chapter 4: Civil Rights, A New Kind of Lawyering
Chapter 5: Watergate, The Deepest Embarrassment
Chapter 6: The Litigation Boom
Chapter 7: The Civility Crisis
Chapter 8: The Fear of Sharing Power, MDPs and ABS
Chapter 9: Technology, Globalization and the Economy
Chapter 10: Changing the Change Game
Epigraph: And Now a Crisis in Legal Education