3,602 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
No full textThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
The Benefits of Mindfulness for Litigators
No full textA Growing Idea Justice Breyer has shared the importance of his daily 15-minute mental pause, and Steven Keeva's 1999 book, Transforming Practices: Finding Joy and Satisfaction in Legal Life, provides early examples of the benefits of mindfulness. Since the publication of Keeva's book, there have been numerous bar journal articles, websites, and meetings all suggesting that mindfulness may be the answer to a kinder, gentler, and more effective legal community. [...]this changed pattern of response is exactly what Judge Gold is advocating and what Peter Jarvis and Katie Lachter proposed in their recent article, "Civility: The Ultimate Legal Weapon," 2 Bloomberg L. Reps.-Law Firm Mgmt. 11 (Apr. 4, 2011)
Lawyers Beware: You Are What You Post - The Case for Integrating Cultural Competence, Legal Ethics, and Social Media
No full textFirst learn the meaning of what you say, and then speak. --Epictetus Words used carelessly, as if they… do… not matter in any serious way, often allow… otherwise well-guarded truths to seep through. --Douglas Adams Happy Mother’s Day to all the crack hoes out there. It's never too late to tie your tubes, clean up your life and make difference to someone out there that deserves a better mother. --Assistant State Attorney in Orange County, Florida No thought left unspoken…social media networking -- ubiquitous in our society -- provides the opportunity for individuals to share their moment-to-moment thoughts and actions. Social media has created communities and its own culture. Social networking communities have empowered individuals to join together to stage uprisings, support charitable causes, launch entrepreneurial ventures, and generally share the accomplishments and defeats of their daily lives. Many lawyers have joined social media networks and are actively participating in both their professional and personal lives. Some lawyers have found social media networks to be beneficial in marketing their practices and in obtaining information and evidence to more effectively represent their clients. Unfortunately, other lawyers have found themselves caught in a quagmire of ethical and professional missteps resulting in disciplinary problems and loss of employment. These lawyers often fail to appreciate the application of the legal ethics rules and standards of professionalism to the use of social media. Moreover, like many other individuals engaged in social media, these lawyers generally seem to lack cultural awareness and perspective on the far-reaching impact that a social media communication may have upon the audience and ultimately upon the communicator. This article explores the importance of cultural competence both as a critical component of effective and ethical legal practice and as it pertains to a lawyer’s participation in social media networking. The article will first define cultural competence and its significance for the legal profession. Next, the article will discuss the culture of the legal profession as it is reflected in social science research, popular culture, and scholarly works. Then, the article will examine the culture of social media and the legal profession’s participation in this culture. Finally, the article will explore the interrelationships of cultural competence, the legal profession, and social media with the goal of providing insight and guidance for lawyers to professionally and ethically engage in social networking
Ending the Pursuit: Releasing Attorney Advertising Regulations at the Intersection of Technology and the First Amendment
No full textFinding Calm in the Storm: Cultivating Mindfulness to Cope with Stress in the Legal Profession.
No full textCultivating Professional Identity & Creating Community: A Tale of Two Innovations
No full text"Life isn't about finding yourself. Life is about creating yourself." - George Bernard Shaw. "When students realize that everyone has a philosophy of how to conduct their lives - even those…[who] are unconscious of the philosophy have one, just not a sound one - they can understand the importance of engaging in the process of developing a philosophy that will guide them in life and in their jobs as lawyers." - Benjamin V. Madison III. Students enter law school to become lawyers, but what does that really mean? What are a student’s values, hopes and dreams upon entering law school? Essentially, how does the student define herself? The answer varies depending upon the student - students with diverse backgrounds arrive at law school with differing goals. How does the law school experience transform these students and assist them in creating their professional identities as lawyers? The traditional legal curriculum teaches students how to analytically think like a lawyer, but there is little evidence of traditional pedagogy dedicated to assisting students in developing a personal philosophy about the manner in which to practice law or in creating a professional identity. Moreover, the lack of focus on the values inherent in the role of the lawyer, and the alignment of these values with the personal, intrinsic values of law students as they enter law school, has contributed to an inordinate amount of stress and anxiety for some students. Intrinsic values may become sublimated to extrinsic values and careers are sometimes launched based upon extrinsic goals, which ultimately may lead to dissatisfied, distressed lawyers. While the need to infuse legal education with more focus on ethics, professionalism and the development of professional identity is not a new concern, it has been given new momentum by the release of the Carnegie Foundation for the Advancement of Teaching’s Report, Educating Lawyers: Preparation for the Profession of Law , the recent economic downturn and the evolution of the practice of law driven by technology and the Internet. This article focuses upon the need and the opportunity for curricular reform and provides two examples of courses offered at the University Of Miami School Of Law: Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age and The Professional Responsibility & Ethics Program (“PREP”). These courses are designed to cultivate professional identity, promote ethical conduct and provide students with an opportunity to explore how to create a philosophy that will guide them into healthy, successful careers.This article will first define and discuss the significance of the development of professional identity in law school. Next, the article will provide a detailed description of the two courses mentioned above and share examples of students’ feedback about the courses. Finally, the article will conclude by expressing the hope that the ongoing reform of legal education, which is focused upon the cultivation of a positive professional identity and the well being of law students, will become a mainstay of legal education and the law school experience
Jan Van Scorel, His Style and Its Historical Context
No full textThis thesis includes documents discovered by the
author while conducting research on Jan van Scorel in The
Netherlands and the implications of these documents. The
archival information brings the author to a two-fold conclusion:
l)that the Italianate style in the North Netherlands in
the 16th century was sponsored and spread in court circles
and that Jan van Scorel, in particular, found favorable contact
with the aristocracy throughout his career, and 2) that
Scorel\u27 s vision, perhaps given additional direction by the
patronage of the Dutch court circle in the Vatican, was influenced
by the contemporary Roman art scene thus implicating
him the period style known as Mannerism
Nerium oleander L.
No full text66. Nerium oleander L., Sp. Pl.: 209. 1753 [cited in Nat. Hist. II(4): 389. 1775]. Notes. – A specimen in the Java herbarium is in L (L-898.111-57). It represents material of Plumeria rubra L. (see Nat. Hist. II(2): 178. 1774) (Fig. 2). Two leaves and an inflorescence are mounted with a mid-18th century pot, so far only known from this sheet (G. Thijsse, pers. comm. to the first author). Another specimen without provenance is present in the Thunberg herbarium (UPS-THUNB n° 6128).Published as part of Wijnands, Dirk Onno, Heniger, Johannes, Veldkamp, Jan Frederik, Fumeaux, Nicolas & Callmander, Martin W., 2017, The botanical legacy of Martinus Houttuyn (1720 - 1798) in Geneva, pp. 155-198 in Candollea 72 (1) on page 181, DOI: 10.15553/c2017v721a11, http://zenodo.org/record/572188
Does strict employment protection discourage job creation? Evidence from Croatia
No full textEmployment protection legislation in Croatia is among the most strict in Europe. Firing is difficult and costly, and flexible forms of employment are limited. Is this apparent rigidity reflected-as one would expect based on standard economic theory-in low labor market dynamics? Is job creation low and hiring limited? Is the job security of insiders achieved at the cost of outsiders not being able to enter thelabor market? The author attempts to answer these questions by examining job flows. If the employment protection legislation is binding, then job and worker turnover should be low. He shows that this is indeed the case. Hiring is limited and the average job tenure is very long in Croatia. Job destruction is low, however job creation is still lower. The result is accumulation of unemployment, in large part due to new labor market entrants not being able to find a job. The high degree of job protection also seems to strengthen the bargaining position of insiders and results in relatively high wages. So, wages in Croatia are higher than among its competitors, even after adjusting for productivity. These high labor costs are likely to contribute to limited job creation in existing firms, but also are likely to discourage the entry of-and thus job creation in-new firms. The author presents evidence that firm growth has been indeed limited in Croatia, contributing to the low employment level. The author examines other potential causes of high unemployment in Croatia (the unemployment benefit system, labor taxation, the wage structure, and skill and spatial mismatches). He argues that they do not play a substantial part in accounting for poor labor market outcomes in Croatia. The author concludes that the stringent employment protection legislation is the key labor market institution behind low job creation and high unemployment. Based on this he recommends specific measures aimed at liberalizing the labor market to foster job creation and employment.Labor Management and Relations,Labor Policies,Labor Markets,Environmental Economics&Policies,Trade Finance and Investment,Labor Markets,Labor Management and Relations,Labor Standards,Banks&Banking Reform,Environmental Economics&Policies
Happy Birthday Siri! Dialing in Legal Ethics for Artificial Intelligence, Smartphones, and Real Time Lawyers
No full textIf we ask six-year old Siri to create a guest list for a party to celebrate the tenth anniversary of the iPhone, Siri might include invites (or e-vites) for Alexa, Bixby, Cortana, and Google’s Assistant. Whether the guests would be able to “mingle” with one another is unclear, but human invitees could communicate with each of Siri’s “smart” technology guests. Smart devices and Artificial Intelligence (“AI”) programs have altered the way we live — both in our personal and professional lives. Through these platforms, we can communicate simultaneously with a large number of people located at multiple locations throughout the world. We can access both our personal and business emails and files from almost anywhere on the planet. Free public WiFi hot-spots are as numerous as the apps that are available for our smart phones. We can communicate with technological assistants that perform our tasks and answer our questions. In fact, technology makes it possible for us to conveniently use the same device for personal and professional purposes. But the increased sophistication and convenience of these technologies have also created vulnerabilities for users who fail to learn how the technology functions and to employ reasonable precautions. These vulnerabilities become especially problematic in the practice of law.
The legal community has confronted the challenge of adapting to technological innovation throughout its history (albeit, generally somewhat behind the technological curve), but artificial intelligence and its use in the legal profession is relatively new. While many lawyers use smartphones and virtual assistants, the arrival of new “smart machines” have baffled many in the legal profession. ROSS, sometimes referred to as the “robot’ lawyer, was merely a glint in his developers’ eye when Apple gave birth to the iPhone. Today, ROSS Intelligence offers AI driven research to legal practitioners. A slew of other AI vendors also provide attorneys with legal support services including legal research, contract review, litigation strategy, litigation funding decisions, e-discovery, and jury selection. The use of services provided by these vendors are slowly gaining acceptance in the legal community. AI promises increased efficiencies, but strikes fear into those who worry about robot lawyers replacing humans. In fact, automated “bots” like DoNotPay, a bot developed by a British teenager that has “represented” thousands of individuals who have successfully contested their traffic tickets, demonstrate that some of these fears are not unfounded.
Regardless of whether AI is embraced or feared, the use of AI implicates the Rules of Professional Conduct and a lawyer’s corresponding ethical duties to his client. Whether a lawyer’s use of AI will become tantamount to competent representation remains to be seen, but there is no doubt that the current use of AI has already raised the specter of legal ethics landmines, with issues such as client consent, confidentiality, and supervision already in play. Moreover, a debate has ensued as to whether the use of an AI machine or ‘bot’ constitutes the unauthorized practice of law.
This article explores the history of AI and the advantages and potential dangers of using AI to assist with legal research, administrative functions, contract drafting, case evaluation, and litigation strategy. This article also provides an overview of security vulnerabilities attorneys should be aware of and the precautions that they should employ when using their smartphones (in both their personal and professional lives) in order to adequately protect confidential information. Finally, this article concludes that lawyers who fail to explore the ethical use of AI in their practices may find themselves at a professional disadvantage and in dire ethical straits.
The first part of this article defines the brave new world of AI and how it both directly and indirectly impacts the practice of law. Part two explores legal ethics considerations when selecting and using AI vendors and virtual assistants. Part three outlines technology risks and potential solutions for lawyers who seek to embrace smart phone technology while complying with legal ethics obligations. The article concludes with an optimistic eye toward the future of the legal profession
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