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

Paperback | June 18, 2014

byJames E. Moliterno

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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 legalprofession 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 everycrisis, 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 thatwould 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 intechnology, 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 moreattuned to the very society the profession claims to serve.This paperback version includes a commentary on the prevailing crisis in legal education.

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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 legalprofession to protect and maintain the stat...

James E. Moliterno is the Vincent Bradford Professor of Law at Washington and Lee University School of Law. He is one of the nation's leading educators in professional responsibility and experiential legal education. Since 2009, he has held a leadership role in Washington and Lee's ground-breaking third year curriculum reform, and in ...
Format:PaperbackDimensions:280 pages, 9.21 × 6.14 × 0.68 inPublished:June 18, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199379750

ISBN - 13:9780199379750

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Table of Contents

1. What Crisis? Who Speaks for the Profession?2. The Immigrant Wave3. Communist Infiltration4. Civil Rights, A New Kind of Lawyering5. Watergate, The Deepest Embarrassment6. The Litigation Boom7. The Civility Crisis8. The Fear of Sharing Power, MDPs and ABS9. Technology, Globalization and the Economy10. Changing the Change GameEpigraph: And Now a Crisis in Legal EducationIndex