21st Century Law—Bibliography
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CORE RESOURCES
ABA Commission on the Future of Legal Services
Judicial Crossroads Task Force Report & Recommendations, State Bar of Michigan, 2011
ABA Commission on Ethics 20/20 Work Products, 2012 (relevant recommendations listed below)
Tomorrow's Lawyers, an Introduction to Your Future, Richard Susskind (book), 2013
Futures: Transforming the Delivery of Legal Services in Canada, Canadian Bar Association, 2014
THE CHANGING DEMOGRAPHICS & ECONOMICS OF THE PROFESSION
Statistics, Section of Legal Education & Admissions to the Bar, ABA
Falling Law School Enrollment
A Blueprint for Change, Henderson, Pepperdine Law Review, 2013
Amid Plummeting App Numbers, Law Schools Adapt to Economy, Gjorgievaska, Wang, Yale Daily News, 2013
Cutting Law Schools, Wu, Huffpost College, 2013
Law School Enrollment Drop May Hit 5th Year, LSAT Data Hints, Langford, Lawdragon Campus, 2014
Law School Restructures Debt as Admissions Fall, MacErlean, Global Legal Post, 2014
Legal Education: Rethinking the Problem, Reimagining the Reforms, Rhode, Pepperdine Law Review, 2013
Three Generations & Two Tiers, Berger, Washington University Journal of Law & Policy, 2014
What Ails the Law Schools?, Horwitz, Michigan Law Review, 2013
Impact of Student Loan Debt
ABA Task Force on the Financing of Legal Education, Section of Legal Education & Admissions to the Bar, ABA, 2014
Failing Law Schools, by Brian Z. Tamanaha: A Review, Lempert, Contemporary Sociology, 2014
Student Loan Debt in Bankruptcy: An Empirical Assessment, Austin, Suffolk University Law Review, 2014
Student-Debt Forgiveness Plans Skyrocket, Raising Fears Over Costs, Higher Tuition, Mitchell, Wall Street Journal, 2014
Who Really Pays for Law Student Debt?, Harper, Belly of the Beast, 2014
Diversity & Inclusion
Model Rule on 5.5, Practice Pending Admission, ABA Commission on Ethics 20/20, 2012
Data & Diversity in the Canadian Justice Community, Lyon & Sossin, Osgoode Legal Studies, 2014
Diversity & Inclusion, American Bar Association
Diversity & Inclusion, State Bar of Michigan
The Diversity Crisis: Big Firms' Continuing Failure, Triedman, American Lawyer, 2014
Diversity in the Legal Profession: The Next Steps, ABA Presidential Initiative Commission on Diversity, 2010
An Empirical Analysis of Diversity in the Legal Profession, Nance & Madsen, Connecticut Law Review, 2014
Inclusion Strategies to Eliminate Bias in the Legal Profession, White, ABA Law Practice Today, 2010
A Primer on Diversity, Discrimination, & Equality in the Legal Profession, Wald, Georgetown Journal of Legal Ethics, 2011
The Misuse of the Law School Admissions Test, Nussbaumer, St. John's Law Review, 2012
Shaping the Tributary: The Why, What, & How of Pipeline Programs, Rothstein, Journal of Law & Education, 2011
Unemployment & Underemployment
2013 Law Graduate Employment Data 1.5MB, ABA Section of Legal Education & Admission to the Bar, 2014
NALP vs. ABA Data: Why Do They Vary?, National Association for Law Placement, Inc., 2014
Class of 2013 Bimodal Salary Curve, National Association for Law Placement, Inc., 2013
2014 Economics of Law Practice Attorney Income & Billing Rates, State Bar of Michigan, 2014
For Second Year in a Row New Grads Find More Jobs, Starting Salaries Rise, National Association for Law Placement, Inc., 2014
Law School Employment Figures Show Class of 2013 Struggling to Find Work, Smith, MLive, 2014
Report of the Task Force on the Law, the Economy, & Underemployment, Massachusetts Bar Association, 2012
Salary Distribution Curves 2006–Present, National Association for Law Placement, Inc.
Three Generations of U.S. Lawyers: Generalists, Specialists, Project Managers, Henderson, Maryland Law Review, 2011
ECONOMIC VIABILITY OF THE LAW FIRM BUSINESS MODEL
Alternative Law Practice Structures
Issues Paper Concerning Alternative Business Structures, ABA Commission on Ethics 20/20 Working Group on Alternative Business Structures, 2011
Discussion Paper on Alternative Law Practice Structures, ABA Commission on Ethics 20/20, 2011
Captive Firms to Smash Status Quo, Merritt, The Australian, 2013
Choice of Law-Alternative Law Practice Structures, ABA Commission on Ethics 20/20, 2011
ABA Commission on Ethics 20/20 Will Not Propose Changes to ABA Policy Prohibiting Nonlawyer Ownership of Law Firms, ABA, 2012
Alternative Litigation Financing
A Market for Justice: Third Party Litigation Funding, Abrams & Chen, 2012
Outside Investment in Law Firms (slideshow), Beaton, Beaton Capital, 2014
Third Party Litigation Funding, U.S. Chamber of Commerce Institute for Legal Reform, 2014
Toward a Regulatory Framework for Third-Party Funding Litigation, Hylton, Boston University School of Law, 2013
Alternative Litigation Financing Report, ABA Commission on Ethics 20/20, 2012
Competition From Nonlawyers
An Inside Look at Limited Practice for Nonlawyers in Washington & Other States, Kittay, Bar Leader, 2013
Reforming American Legal Education & Legal Practice: Rethinking Licensing Structures & the Role of Nonlawyers, Rhode, Legal Ethics, 2013
Washington State Limited License Legal Technician Program, Crossland & Littlewood, Sourth Carolina Law Review, 2014
Demand for Pricing Structure Revisions
Billable Hour Under Attack, Koppel & Jones, Wall Street Journal, 2009 (subscription required)
The Business of Startup Law, Boulden, Journal on Telecommunications & High Technology Law, 2013
Clients Define Value Billing—But Will They Accept it?, Poll, ABA Law Practice Today, 2013
An Empirical Study of Associate Satisfaction, Law Firm Culture, & the Effects of Billable Hour Requirements, Fortney, Texas Bar Journal, 2001
The Future of Big Law, Dzienkowski, Fordham Law Review, 2014
Has the News of the Death of the Billable Hour Been Greatly Exaggerated?, ABA Section of Litigation panel, 2013
In Defense of the Billable Hour, Choi, Journal of the Legal Profession, 2014
Law & Reorder by Deborah Epstein Henry, Niesen-LaScala, Wisconsin Lawyer, 2011
Rivalry Grows Among No-Frill Legal Services, Smith, Wall Street Journal, 2012 (subscription required)
The Pressures of Billable Hours, Parker & Ruschena, University of St. Thomas Law Journal, 2011
Seyfarth Shaw Says Six Sigma Method has Cut Client Fees by Up to 50%, Weiss, ABA Journal, 2009
The Tyranny of the Billable Hour, Harper, New York Times, 2013
Economic Viability of Solo & Small Firms
A Law Firm in Every Stop & Shop? (I Mean, Walmart), Liebel, 2014
Is There a Future for Solos & Small Firms?, Glover, Lawyerist.com, 2014
Personal Plight Legal Practice & Tomorrow's Lawyers, Semple, Journal of the Legal Profession, 2014
Solos are the Future?, Elefant, MyShingle, 2014
Globalization
Admission by Motion Report, ABA Commission on Ethics 20/20, 2012
Creating an International Network of Lawyer Regulators, Terry, Bar Examiner, 2013
Global is Local 1.3MB, Terry, National Conference of Bar Presidents, 2012
The (in)Effective Regulation of Incorporated Legal Practices: An Australian Case Study, Babacan, Di Iorio, & Meade, International Journal of the Legal Profession, 2013
Legal Services Act 2007, legislation.gov.uk
Services Board
Qualified Lawyers Transfer Scheme (U.K.), BPP Professional Education, 2014
Model Rule 1.6: Confidentiality & the Detection of Conflicts, ABA Commission on Ethics 20/20, 2012
Model Rule 1.7: Conflicts of Interest, ABA Commission on Ethics 20/20, 2012
Trends & Challenges in Lawyer Regulation: The Impact of Globalization & Technology, Terry, Mark, & Gordon, Fordham Law Review, 2012
International Business Interests & Local Law Firms
Globalization as Boundary-Blurring: International & Local Law Firms in China's Corporate Law Market, Liu, Law & Society Review, 2008
New Law Firm Models & Alternative Business Structures
Discussion Paper on Alternative Law Practice Structures, ABA Commission on Ethics 20/20, 2011
Choice of Law-Alternative Law Practice Structures, ABA Commission on Ethics 20/20, 2011
Adapting to the New Legal Services Market, King & Edwards, Staffordshire University, 2013
Australian Start-Up Lawyers Open in London & New York, MacErlean, Global Legal Post, 2014
Axiom Legal Services
The Future of Big Law, Dzienkowski, Fordham Law Review, 2014
Outside Investment in Law Firms (slideshow), Beaton, Beaton Capital, 2014
The Future of Law: Who Will Perform it? Who Will Regulate it?, Mayson, Futures Conference, 2013
The Rise & Rise of the NewLaw Business Model, Beaton, Beaton Capital, 2013
Towards the Law of Legal Services, Perlman, Suffolk University Law School, 2015
When Lawyers Don't Get All the Profits, Robinson, HLS Program on the Legal Profession, 2014
Public Ownership of Law Firms & ABS
Proposal 1.7: Choice of Law & Conflicts of Interest, ABA Commission on Ethics 20/20, 2011
Proposal 5.5(d)(3): Continuous & Systematic Presence, ABA Commission on Ethics 20/20, 2011
Outsourcing, ABA Commission on Ethics 20/20, 2012
NewLaw, New Rules, Beaton, purchasable as an e-book
THE FUTURE FOR LAWYERS
Be the Change (video), ABA Legal Access Job Corp
Did You Know (video), Shift Happens, 2016
Don't Underestimate Lawyers' Resistance to Change, Weiss, ABA Journal, 2012
A Glass Half Full Look at the Changes in the American Legal Market, Barton, International Review of Law & Economics, 2014
Ethics 20/20 Commission Settles on Recommendations on Outsourcing, Confidentiality, Foreign Lawyers, Podgers, ABA Journal, 2011
Futures: Transforming the Delivery of Legal Services in Canada, Canadian Bar Association, 2014
Measuring the Impacts of Reform, U.K. Legal Services Board
Nothing New Under the Sun, Pearce & Jenoff, Fordham Urban Law Journal, 2012
An Overview of the Legal Profession in the U.S., Johnstone, Yale Law, 2008
The 21st Century Lawyer's Evolving Ethical Duty of Competence, Perlman, Professional Lawyer, 2014
Competition in the Global Market
Australian Start-Up Lawyers Open in London & New York, MacErlean, Global Legal Post, 2014
International Trade in Legal Services & Professional Regulation, ABA Task Force on International Trade in Legal Services, 2014
Transnational Legal Practice (United States),
Terry, Year in Review, 2014
Educating New Lawyers & Reeducating Old Lawyers
Enough About the Ills & Evils of Legal Education, LeDuc, 2012
Law School is Worth the Money, Mitchell, New York Times, 2012
The Law-School Scam, Campos, The Atlantic, 2014
Lawyer to Lawyer Mentoring Program, Supreme Court of Ohio, 2014
Online Court: Online Dispute Resolution & the Future of Small Claims, Pappas, UCLA Journal of Law & Technology, 2008
Task Force on the Future of Legal Education, ABA Center for Professional Responsibility
Phase I Proposals for a Competency Training Requirement, State Bar of California Task Force on Admissions Regulation Reform, 2013
Nonlawyer Practitioners & Limited Licensing
An Inside Look at Limited Practice for Nonlawyers in Washington & Other States, Kittay, Bar Leader, 2013
New Roles for Nonlawyers to Increase Access to Justice, Udell & Zorza, Fordham Urban Law Journal, 2013
Washington Limited License Legal Technician Research Guide
Washington State Limited License Legal Technician Program, Crossland & Littlewood, Sourth Carolina Law Review, 2014
New Models of Dispute Resolution
@ Face Value? Nonverbal Communication & Trust Development in Online Video-Based Mediation, Ebner & Thompson, International Journal of Online Dispute Resolution, 2014
Designing a Global Consumer Online Dispute Resolution System, Rule, Rogers, & Del Duca, Uniform Commercial Code Law Journal, 2010
Designing & Implementing e-Justice Systems, Lupo & Bailey, Technology, Social Media, & Law, 2014
eBay Resolution Center
Getting Divorced Online, Gramatikov & Klaming, Journal of Law & Family Studies (Netherlands), 2012
Leveraging the Wisdom of Crowds 1.3MB, Rule & Nagarajan, Ass'n for Conflict Resolution, 2010
Mobile Mediation: How Technology is Driving the Globalization of ADR, Alexander, Hamline Journal of Public Law & Policy, 2006
Online Alternative Dispute Resolution & Why Law Schools Should Prepare Future Lawyers for the Online Forum, Goldberg, Pepperdine Dispute Resolution Law Journal, 2014
Online Court: Online Dispute Resolution & the Future of Small Claims, Pappas, UCLA Journal of Law & Technology, 2008
Possibilities for Collaborative Law, Lande, 2003
Regulatory Rules in Multinational & Multijurisdictional Legal Practices
Choice of Law in Cross-Border Practice, ABA Commission on Ethics 20/20 Working Group on Uniformity, Choice of Law, and Conflicts of Interest, 2011
Multijurisdictional Practice, ABA Commission on Ethics 20/20 Working Group on Uniformity, Choice of Law, & Conflicts of Interest, 2011
Model Rule on Pro Hac Vice Admission, ABA Commission on Ethics 20/20, 2012
Proposal Pro Hac Vice & Foreign Lawyers, ABA Commission on Ethics 20/20, 2011
Admission by Motion Report, ABA Commission on Ethics 20/20, 2012
Model Rule 5.5, ABA Commission on Ethics 20/20, 2012
Model Rule for Registration of In-House Counsel, ABA Commission on Ethics 20/20, 2012
Legal Services Act 2007, legislation.gov.uk
Outsourcing
Outsourcing, ABA Commission on Ethics 20/20, 2012
A Collaborative Model of Offshore Legal Outsourcing, Robertson, Arizona State Law Journal, 2011
Ethics 20/20 Commission Settles on Recommendations on Outsourcing, Confidentiality, Foreign Lawyers, Podgers, ABA Journal, 2011
Relevance of the Organized Bar & Attorney Regulation
Bar Associations are Failing Lawyers, Lawyerist.com, 2014
Clash of 20th Century Regulation with 21st Century Technology, Pruner, Journal of Civil Rights & Economic Development, 2002
Decline of Law as an Autonomous Discipline: 1962–1987, Posner, Harvard Law Review, 1987
The Evolution of the Legal Services Market: Stage 4, Furlong, 2012
The Flood of U.S. Lawyers, Green, International Journal of the Legal Profession, 2012
Purveyors of Knowledge: How Bar Associations Will Become Key Players, Caufin, ScholarLab, 2014
The Trouble with Lawyer Regulation, Moliterno, Wall Street Journal, 2013
PUBLIC ACCESS TO COURTS/ACCESS TO JUSTICE
Access for the Poor
Access to Civil & Family Justice, Action Committee on Access to Justice in Civil & Family Matters (Canada), 2013
Access to Justice: The Emerging Consensus 1.4MB, Zorza, Judicature, 2011
The Access to Justice Sorting Hat, Zorza, Denver University Law Review, 2012
Accessing Justice in the Contemporary U.S.A.: Sandefur, Community Needs & Services Study, 2014
Michigan's Blueprint for Justice 1MB, SBM Judicial Crossroads Task Force Access to Justice Committee, 2010
Documenting the Justice Gap in Michigan, State Bar of Michigan, 2012
Embracing Disruption: How Technological Change in the Delivery of Legal Services can Improve Access to Justice, Brescia et al, Albany Law Review, 2014
Consumers' Unmet Legal Needs, U.K. Legal Services Board
Observing Change, Singsen, Management Information Exchange Journal, 2014
Legal Futurism & Leadership Development, Rexer & Crowley, State Bar of Michigan CJI & DIAC Kickoff, 2014
Some First Thoughts on Court Simplification, Zorza, Drake Law Review, 2013
Where We've Been, Where We're Going, Pollock, Management Information Exchange Journal, 2012
Business Access
Business Courts & the Future of Arbitration, Drahozal, Cardozo Journal of Conflict Resolution, 2011
Data on New Court Model Indicate Shorter Time to Resolve Cases, Halcom, Crain's Detroit Business, 2014
London Court of International Arbitration
Michigan's Business Courts & Commercial Litigation,Toering, Michigan Bar Journal, 2014
Renting Judges for Secret Rulings, Resnik, New York Times, 2014
The Steady Growth of Business Courts, Applebaum, National Center for State Courts, 2011
Ethics in the Digital Age
Model Rule 1.6, ABA Commission on Ethics 20/20, 2012
Technology & Client Development, ABA Commission on Ethics 20/20, 2012
Technology & Confidentiality, ABA Commission on Ethics 20/20, 2012
Model Rule of Professional Conduct 5.5 & the Limits of Virtual Presence in a Jurisdiction, ABA Commission on Ethics 20/20 Working Group on Uniformity, Choice of Law, & Conflicts of Interest, 2012
Ethics 20/20's Successfully Achieved its Mission, Moliterno, University of Akron Law Review, 2013
Face to Face Legal Services & Their Alternatives, Smith & Paterson, 2013
The Fundamentals, Podgers, ABA Journal, 2014
Will Virtual Offices be Allowed?, Aronow, Rubin, & Dugan, New Jersey Lawyer, 2012
Finding a Lawyer Through Technology
Accessing Justice in the Contemporary U.S.A.: Sandefur, Community Needs & Services Study, 2014
Embracing Disruption: How Technological Change in the Delivery of Legal Services can Improve Access to Justice, Brescia et al, Albany Law Review, 2014
Everyone, Anytime, Anywhere, Rawdon, Management Information Exchange Journal, 2014
Report of the Summit on the Use of Technology to Expand Access to Justice, Legal Services Corporation, 2013
Sample of current find a lawyer & pro se online resources: Avvo.com, LegalZoom.com, MichiganLegalHelp.org, RocketLawyer.com, SBM Member Directory, Yelp.com
Using Technology to Enhance Access to Justice, Rexer et al, Harvard Journal of Law & Technology, 2012
Increase in Pro Se Litigants
Addressing Twin Crises in the Law: Underserved Clients & Underemployed Lawyers, Holbrook & Hornok, Utah Law Review OnLaw, 2014
The Pro Se Phenomenon, Swank, BYU Journal of Public Law, 2005
Regulating Electronic Legal Support Across State & National Boundaries, Robertson, Akron Law Review, 2014
Resources to Assist Self-Represented Litigants: A Fifty-State Review, Greacen, Michigan State Bar Foundation, 2011
Benefits & Costs of Programs to Assist Self-Represented Litigants, Greacen, Administrative Office of the Courts, 2009
Turner v. Rogers: Improving Due Process for the Self-Represented, Zorza, National Center for State Courts, 2012
Michigan Legal Help Website, FAQs, FAQs (Spanish), Self-Help Centers
Limited Scope Representation, Unbundling
20 Things Judicial Officers can do to Encourage Attorneys to Provide Limited Scope Representation, Limited Scope Representation Committee, California Comm'n on Access to Justice, 2003
An Analysis of Rules that Enable Lawyers to Serve Self-Represented Litigants 2.6MB, ABA Standing Committee on the Delivery of Legal Services, 2014
Unbundling Fact Sheet, ABA Committee on the Delivery of Legal Services, 2011
Michigan Informal Ethics Opinion 348 on Unbundled Legal Services, 2010
Roadmap for Implementing a Successful Unbundling Program, Talia, 2005
Middle Class Access
Modest Means Programs, ABA
Handbook on Limited Scope Legal Assistance 1.4MB, ABA Section of Litigation Modest Means Task Force, 2003
Accessing Justice in the Contemporary U.S.A.: Sandefur, Community Needs & Services Study, 2014
Reinventing the Practice of Law, Herrera, ABA Standing Committee on the Delivery of Legal Services. 2014
Nonlawyer Practitioners & Limited Licenses
An Inside Look at Limited Practice for Nonlawyers in Washington & Other States, Kittay, Bar Leader, 2014
Narrowing the Justice Gap: Roles for Nonlawyer Practitioners, New York City Bar Ass'n Committee on Professional Responsibility, 2013
New Roles for Nonlawyers to Increase Access to Justice, Udell & Zorza, Fordham Urban Law Journal, 2013
Reforming American Legal Education & Legal Practice: Rethinking Licensing Structures & the Role of Nonlawyers, Rhode, Legal Ethics, 2013
Washington State Bar Association Limited Licenses
Washington State Limited License Legal Technician Program, Crossland & Littlewood, Sourth Carolina Law Review, 2014
Rural Access/Lawyer Deserts
Law Stretched Thin: Access to Justice in Rural America, Pruitt & Showman, South Dakota Law Review, 2014
Michigan Lawyers per County, State Bar of Michigan
Nebraska Attorneys per County, Nebraska State Bar Association, 2012
Rural Practice Initiative, Nebraska State Bar Association
Internet Representation Project, Legal Services of Northern Michigan, 2014
Specialized Courts
Medication Assisted Treatment in U.S. Drug Courts, Journal of Substance Abuse Treatment, 2013 (subscription required)
Problem-Solving Courts, Michigan One Court of Justice
Problem-Solving Courts & Pragmatism, Boldt, Maryland Law Review, 2014
A Testable Theory of Problem Solving Courts: Avoiding Past Empirical & Legal Failures, Wiener et al, International Journal of Law & Psychiatry, 2010 (abstract)
What Makes a Court Problem-Solving?, Porter, Rempel, & Mansky, Center for Court Innovation, 2010