1-14 of 14 Results

  • Keywords: lawyers x
Clear all

Article

Russian Legal System and Use of Law  

Kathryn Hendley

The Russian legal system has a spotty reputation, both domestically and internationally. The distrust stems from well-publicized cases involving enemies of political or economic elites in which the outcome in favor of the elites is obviously predetermined. Coexisting with such cases are millions of mundane cases in which judges adhere scrupulously to the statutory law. This sort of legal dualism is not uncommon under authoritarianism. Russia’s constitution reflects this dualism. Its relevance to daily life and its capacity to constrain arbitrary state actions is questionable. Adopted in 1993, it proclaims Russia to be a state governed by the rule of law and includes a chapter with a comprehensive list of rights guaranteed to citizens which cannot be changed without convening a constitutional assembly. The constitutional court, which is a post-Soviet institutional innovation, is charged with ensuring compliance with the constitution. Amending the constitution requires consent from both the national legislature and two-thirds of the regional legislatures. The electoral dominance of the political party associated with Vladimir Putin has made this seemingly high threshold for amendments easily achievable. He has bent the constitution to his political will with multiple amendments, culminating in a set of over 100 amendments approved in 2020. The use of courts by Russian citizens and businesses has increased steadily during the post-Soviet period. As a rule, disputes are handled quickly and inexpensively. Even so, litigating is not the preferred option; Russians typically end up in court only when informal negotiations fail. As a rule, they go to court to solve practical problems rather than to advance issues of principle. The courts’ dockets are dominated by civil claims, such as family law disputes and various forms of debt collection. The straightforward nature of the procedural rules allows many litigants to represent themselves. In criminal cases, which are fewer, defendants are required to be represented by a licensed attorney (advokat). The state covers the cost of legal representation for the poor. Litigants who are dissatisfied with the outcomes of their cases can pursue appeals, culminating in the Russian Supreme Court. Citizens who believe that officials have violated their rights can pursue their claims in the stand-alone constitutional court, whose decisions serve as binding precedent. The post-Soviet era has witnessed wide ranging reforms to the legal system. Some were aimed at depoliticizing the courts. Judges are selected by a professional council dominated by judges that assesses candidates’ knowledge of law and appropriateness for the bench. They enjoy life tenure, subject to removal for cause—a process that is occasionally hijacked to remove judges who fail to toe the line in political cases. The reforms also sought to ease the heavy workload of judges by introducing a form of plea bargaining in criminal cases and opening the door to a type of summary judgment in civil cases in which defendants have conceded their culpability.

Article

A Genre Study of Prosecutors and Criminal Defense Lawyers in American Movies and Television  

Michael Asimow

The term genre refers to a set of thematically or stylistically similar popular cultural texts. Courtroom narratives form both movie and television genres, and criminal trials form subgenres. Each entry in the criminal subgenres contains a criminal trial and pits a prosecutor against a defense lawyer. This article discusses the genre conventions for these characters. Where the defense lawyer is a protagonist, the client is a co-protagonist. The client is either innocent or is being unjustly prosecuted. The defense lawyer, often presented in heroic terms, struggles to get the client acquitted (or the punishment reduced). The defense lawyer must overcome obstacles that the antagonist prosecutor places in the lawyer’s path. Defense lawyers are loners who are lacking in personal life or emotions. Perry Mason is the iconic genre defense lawyer. Where the prosecutor is the protagonist, the crime victim (or survivors of a deceased victim) are the co-protagonists. Prosecutors are relentless, honorable, and often politically ambitious. They must struggle to overcome obstacles erected by defense lawyers. Like defense lawyers, prosecutors lack a personal life or emotions. Jack McCoy on Law & Order is the iconic genre prosecutor. These generic conventions have become stale. Consequently, creators of pop culture products in the criminal courtroom subgenre employ genre-busting narratives that have refreshed the genre. Defense lawyers often work for clients they suspect are guilty and try to get them off through the use of technical defenses. Guilty clients deceive gullible lawyers into putting on cases with perjured testimony. If the client confesses guilt, the lawyer betrays the client to protect the public. Defense lawyers have personal lives, feelings, and emotions, and some are anti-heroes. Genre-busting prosecutors often have unpleasant personalities, and they don’t hesitate to bend ethical rules. As in the case of defense lawyers, prosecutors have inner lives and personal relationships. These genre-busters have destabilized the generic conventions and may well have established new conventions.

Article

American Lawyer and Courtroom Comedies  

David Ray Papke

A large amount of American law-related popular culture is comedic. Inexpensive literature, Hollywood movies, and prime-time series routinely include images of amusing lawyers and accounts of hilarious trials. These pop cultural works entertain readers and viewers and in some instances simultaneously speak to the public’s resentment of powerful legal institutions.

Article

Legal Writing, Civil Litigation, and Agents in the 18th-Century Spanish Imperial World  

Bianca Premo

This purpose of this essay is to reveal the diversity of writers responsible for creating the texts of lawsuits in the Spanish empire. It peeks behind the curtain of pages in civil complaints in an attempt to figure out how legal papers actually made it into the court record and who was doing their writing. While historians have recently thrown a spotlight on various official writers, from notaries to native procurators, in fact unidentified, unofficial writers penned quite a few petitions in civil suits. Knowing who wrote the filings in civil cases has a bearing on our understanding of Spanish imperial subjects, their interactions with the law, and ultimately how much of a hand they had in making their own historical record.

Article

Diplomacy and International Law  

David Clinton

Within the international society, law and diplomacy have always been complementary and interdependent. However, lawyers and diplomats deal with international issues differently, making them rivals to be the primary mode of international interaction. Diplomacy is the art and practice of conducting negotiations between representatives of states; it usually refers to international diplomacy, the conduct of international relations through the mediation of professional diplomats with regard to a full range of topical issues. Nations sometimes resort to international arbitration when faced with a specific question or point of contention in need of resolution. For most of history, there were no official or formal procedures for such proceedings. They were generally accepted to abide by general principles and protocols related to international law and justice. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of law, unless it has expressly consented to a particular course of conduct, or entered a diplomatic convention. Interdisciplinary courses, like diplomacy and international law, are designed to help one think critically about diplomatic and international legal issues in real-life contexts, while applying theory to practice and addressing some of the key questions facing the world today.

Article

The American Judicial Process and Why It Matters  

Lisa M. Holmes

The American judicial system is not a static, simple, or mechanical entity. Rather, it is a complex organization that is developed and staffed in response to changing caseload and societal pressures through a process that is inherently political. The key personnel who help the judiciary function bring varied backgrounds and perspectives with them that influence the work they do. As is the case with any political system, understanding American politics and policy making requires an understanding of the judiciary’s role in the American political system. In addition, on a daily basis, courts function to resolve disputes. While most cases have little direct impact on American policy or society broadly speaking, the resolution of these cases is important to those who turn to the courts of law to resolve their disputes.

Article

International Law and US Foreign Relations  

Brian Cuddy

International law is the set of rules, formally agreed by treaty or understood as customary, by which nation-states interact with each other in a form of international society. Across the history of U.S. foreign relations, international law has provided both an animating vision, or ideology, for various American projects of world order, and a practical tool for the advancement of U.S. power and interests. As the American role in the world changed since the late 18th century, so too did the role of international law in U.S. foreign policy. Initially, international law was a source of authority to which the weak American government could appeal on questions of independence, sovereignty, and neutrality. As U.S. power grew in the 19th and early 20th centuries, international law became variously a liberal project for the advancement of peace, a civilizational discourse for justifying violence and dispossession, and a bureaucratic and commercial tool for the expansion of empire. With the advent of formal inter-governmental organizations in the 20th century, the traditional American focus on neutrality faded, to be replaced by an emphasis on collective security. But as the process of decolonization diluted the strength of the United States and its allies in the parliamentary chambers of the world’s international organizations, Washington increasingly advanced its own interpretations of international law, and opted out of a number of international legal regimes. At the same time, Americans increasingly came to perceive of international law as a vehicle to advance the human rights of individuals over the sovereign rights of states.

Article

Crisis Lawyering: Transnational Ethics for Global Emergencies  

Ray Brescia

As crises proliferate around the world, from a global pandemic and natural disasters brought about by climate change to genocide and the rise of authoritarian regimes, lawyers are increasingly asked to play a role in addressing these crises. Not every client crisis is a crisis for the lawyer because that lawyer is prepared to handle it and knows just what to do and when to do it to pursue the client’s interests. But some of the crises that have emerged in recent years are novel, pervasive, and unprecedented in many ways, meaning that the legal profession, when its members are asked to address them, cannot rely on traditional approaches to their practice, and may need to take into account the interests of a wider range of stakeholders that is typical in the practice of law, where the interests of the clients are supposed to be paramount. Accordingly, since traditional lawyering approaches may not be appropriate for novel, pervasive crises, are new sets of ethical rules appropriate for just such crises to help lawyers navigate them effectively, competently, and ethically?

Article

Lawyers and Courts in French Popular Culture  

Barbara Villez

From watching imported American popular culture dramas focusing on criminal justice, French television viewers have become confused as to how their own legal system really works. They have erroneous expectations of behaviours in court, like addressing judges by the wrong title, a title that comes from poor dubbing. Or they will refuse to answer questions, thinking they have Fifth Amendment protections, when they do not. They know very little of the organization of courtroom space. Since it is forbidden by law to take photographs or film trials in France, it is difficult to bring accurate court images to the public. The French produce police dramas, but very few series or made-for-television movies on justice, thus providing no alternatives for these erroneous criteria. They do, however, produce documentaries and docudramas dealing with past investigations or with timely issues such as recidivism or reintegration into society after prison. Documentaries, although pertinent, give viewers only one-shot access to the representations of justice and the legal professions they contain. The do not facilitate the acquisition over time of a legal culture. In addition to the confusion, the French have a negative image of lawyers as motivated by money and politics rather than justice. Films and French television fictions are responsible for this impression. Television news reports are short and give incomplete accounts of the law or on-going proceedings. Sometimes lawyers are interviewed in these reports, but never prosecutors or judges. Judges and prosecutors are magistrats, not lawyers. They train in different institutions from lawyers and are civil servants, so they are not as likely as lawyers to be making a lot of money, nor are they free to make public statements. The image of these professions is consequently more positive in the French imagination as portrayed in the popular culture.

Article

American Trial Films and the Popular Culture of Law  

Jessica Silbey

The American trial and American cinema share certain epistemological tendencies. Both stake claims to an authoritative form of knowledge based on the indubitable quality of observable phenomena. And both are preoccupied with sustaining the authority that underlies the knowledge produced by visual perception. The American trial and cinematic form also increasingly share cultural space. Although the trial film (otherwise known as the courtroom drama) is as old as the medium of film, the continuing popularity of the legal drama centered on a courtroom verdict suggests more than a trend. The inherent affinities between law and film not only produce enduring and memorable stories about law and justice but help constitute a popular legal consciousness that sustains the authority of the rule of law in the United States. This article describes these affinities in more detail, tracing the common themes in trial films, the special case of trial film based on true stories, and the future of the genre in American popular culture. It concludes by reviewing the disciplinary approach to the study of law and visual popular culture.

Article

Representations of Law, Rights, and Criminal Justice  

Stefan Machura

Criminal justice and its institutions are key objects of popular culture and attract extensive media attention. The portrayal of the justice system, its rules, professions, and institutions has been invigorated with the invention of new media technology. The authorities’ reaction to wrong doing has proven not less exciting to the audience than the criminal acts themselves. French sociologist Emile Durkheim emphasized that every member of society has an interest in social cohesion and wishes to see perpetrators appropriately punished. The media plays to this basic inclination. From the reactions of the justice system to crime, people take clues not only for its effectiveness but the public also wants to see its basic values represented in the work of officials and their decisions. Therefore, aspects of procedural and distributive justice are picked up by popular imagination and exploited to the full by media producers. Beyond recognition that media depictions of criminal justice will follow media conventions and will therefore be distorted in systematic ways, it has to be acknowledged that those representations and the expectations they formed have become a major force in society. Political repercussions and influences on how crime is dealt with are a consequence.

Article

Free Civil Legal Assistance in the United States, 1863–1980  

Felice Batlan

Legal aid organizations were first created by a variety of private groups during the Civil War to provide legal advice in civil cases to the poor. The growing need for legal aid was deeply connected to industrialization, urbanization, and immigration. A variety of groups created legal aid organizations in response to labor unrest, the increasing number of women in the workforce, the founding of women’s clubs, and the slow and incomplete professionalization of the legal bar. In fact, before women could practice law, or were accepted into the legal profession, a variety of middle-class women’s groups using lay lawyers provided legal aid to poor women. Yet, this rich story of women’s work was later suppressed by leaders of the bar attempting to claim credit for legal aid, assert a monopoly over the practice of law, and professionalize legal assistance. Across time, the largest number of claims brought to legal aid providers involved workers trying to collect wages, domestic relations cases, and landlord tenant issues. Until the 1960s, legal aid organizations were largely financed through private donations and philanthropic organizations. After the 1960s, the federal government provided funding to support legal aid, creating significant controversy among lawyers, legal aid providers, and activists as to what types of cases legal aid organizations could take, what services could be provided, and who was eligible. Unlike in many other countries or in criminal cases, in the United States there is no constitutional right to have free counsel in civil cases. This leaves many poor and working-class people without legal advice or access to justice. Organizations providing free civil legal services to the poor are ubiquitous across the United States. They are so much part of the modern legal landscape that it is surprising that little historical scholarship exists on such organizations. Yet the history of organized legal aid, which began during the Civil War, is a rich story that brings into view a unique range of historical actors including women’s organizations, lawyers, social workers, community organizations, the state and federal government, and the millions of poor clients who over the last century and a half have sought legal assistance. This history of the development of legal aid is also very much a story about gender, race, professionalization, the development of the welfare state, and ultimately its slow dismantlement. In other words, the history of legal aid provides a window into the larger history of the United States while producing its own series of historical tensions, ironies, and contradictions. Although this narrative demonstrates change over time and various ruptures with the past, there are also important continuities in the history of free legal aid. Deceptively simple questions have plagued legal aid for almost a century and have also driven much of the historical scholarship on legal aid. These include: who should provide legal aid services, who should receive free legal aid, what types of cases should legal aid organizations handle, who should fund legal aid, and who benefits from legal aid.

Article

Law in Early America  

Sally Hadden

Law in early America came from many sources. To focus exclusively on the English common law excludes other vital sources including (but not limited to) civil law, canon law, lex mercatoria (the law merchant), and custom. Also, the number of sources increases the farther back in time one goes and the greater the geographic area under consideration. By the 18th century, common law had come to dominate, but not snuff out, other competing legal traditions, in part due to the numerical, political, military, and linguistic advantages of its users. English colonists were well-acquainted with the common law, but after arriving in the New World, the process of adaptation to new experiences and new surroundings meant that English common law would undergo numerous alterations. Colonists in early America had to create legal explanations for the dispossession of Native American land and the appropriation of labor by enslaved Native Americans and Africans. Their colonial charters provided that all colonial law must conform to English law, but deviations began to appear in several areas almost from the first moment of colonization. When controversies arose within the colonies, not all disagreements were settled in courts: churches and merchants provided alternative settings to arbitrate disputes. In part, other groups provided mediation because there were so few trained lawyers and judges available in 17th-century colonies. By the 18th century, however, the number of trained practitioners increased, and the sophistication of legal knowledge in the colonies grew. The majority of legal work handled by colonial lawyers concerned contracts and property. Law and the language of rights became more widely used by early Americans as the English attempted to tighten their control over the colonists in the mid-18th century. Rights and law became firmly linked with the Revolution in the minds of Americans, so much so that law, rights, and the American Revolution continue to form an integral part of American national identity.

Article

The Legal System in German Popular Culture  

Stefan Machura and Michael Böhnke

Legal themes, especially those related to crime, abound in German popular culture. This article covers some of the most politically significant and popular examples from the Weimar Republic period to present times, putting them into their social and media sector context. Due to the country’s experience with totalitarian regimes, one main topic of popular culture is the political abuse of the law. Run-of-the-mill crime stories, of course, are a staple of literature and audiovisual media. Their appeal did not lessen in the age of the Internet. Due to genre and narrative conventions, mainstream media tend to shed a positive light on the institutions and personnel connected with the law. Much of German fiction is heavily influenced by the example of US films and TV series, so far that they misrepresent the German legal system. Other influences shape content as well. Economic pressures rank high among them, while overt censorship was evident during the Third Reich (1933–1945) and after partition in the German Democratic Republic (GDR; 1949–1990). Highly regarded artistic works often focus on the topic of individual guilt, while lesser productions typically draw on the sensational aspects of crime detection. The ordering hand of the judge, putting things right after a tumultuous court hearing, signifies the German TV judge show (the equivalent of Judge Judy). Measured degrees of social criticism are typical for many of the better TV productions. And, despite television’s influence, novels and plays still claim a stake in popular culture. Although US media productions dominate the international market for legal fiction, German TV shows, especially police series, became a success story as well. They project the image of the clean, unbiased, correct, and efficient police inspector. Critical films and programs aim mainly at the domestic market due to their specific issues. Nevertheless, the overall effect of German popular fiction dealing with crime and justice tends to be positive, with trust in the law being supported.