The History of the Law
The evolution of global societies has invaluably altered conceptions of justice, law, and order. Once, nation states were little more than bands of hunters or herders. Defense and dispute resolution were handled by an informal system of arbitration. As asserted by Henry Maine, "every human institution must obtain the sanction of some moral force". In this sense, the pastoral populations maintained order through a communal agreement on rights and wrongs. The establishment of agriculture gave rise to the need for organized law. Over the centuries, regulations evolved so that justice was increasingly delivered by the state. Larger populations required more sophisticated legal systems, resulting in the first "civil systems" in Babylon. Ancient Mesopotamia codified formal definitions of commerce, coercion, and property, and instated protection of the dispossessed. Almost 2,000 years later, in the reign of Justinian, another recodification of civil law was enacted, the Digest of Justinian. It was this codification, second only to the Code of Hammurabi in antiquity, that most significantly shaped Western civilization.
Though various civilizations would go on to formalize their own legal systems, it was the English common law system, developed during the Medieval ages, that most strongly influenced the development of modern law. This development was critical to the establishment of the Magna Carta 1215 , where the traditional rights of nobles defended by common law were extended to include not only the aristrocracy, but also the church and large landowners. Over time, additional concepts such as equity (equitable relief) and court of law (a recognized court below the level of the King’s Court) were created. When England was occupied by the Normans, the conflict between customary law and the civil law of the Normans necessitated the creation of a unified law and judicial system.
As the British Empire changed the world by colonizing and integrating one-third of its land and population into a single unit, British common law was exported along with it. The English colonization of North America contributed to the founding of other, more modern legal systems such as those used by the United States (the Constitution, the Bill of Rights and the Declaration of Independence were all based on Enlightenment thought that highlighted American common law.) Throughout colonization British common law, combined with Spanish or French civil law, became the most widely spread legal system throughout the world. French civil codes were used in territories occupied by France. Similarly, Spanish rules prevailed in the former Spanish colonies. Surprisingly, however, with the exceptions of Japan, Turkey and the European Union today, where civil law jurisdictions prevailed, British common law prevailed in all other parts of the world, including most of Asia and Africa.
Contemporary Legal Issues in the Digital Era
As technology continues to evolve at a rapid pace, so too do the legal issues that surround these advancements. Among the most prominent current legal challenges include issues such as the rapidly evolving cybersecurity laws, questions of data privacy and ownership, and the protection of intellectual property rights.
Cybersecurity has been a hot-button issue for the past several years, and has only become more central to individual’s everyday lives as seemingly everything becomes increasingly connected to one another, whether it be an individual’s smart phone, watch, or even the refrigerator. As technology continues to become a part of daily life, the ability of hackers and the danger of viruses presents the need for stronger and better laws regarding the sharing and use of data.
The problem of data sharing and use is alarmingly compounded by the growing number of ways in which personal information can be collected. With the advent of closed-loop coupons, companies have the ability to track consumers’ spending habits with unprecedented precision. The gaps in privacy laws have begot newer ways of collecting, using, and selling private data that, so far, lack the legislative attention needed to keep up with the advances of technology.
The world of intellectual property has also faced challenges over the past few years with the adoption of technologies that are disruptive to traditional industries, such as the music and entertainment industries. High profile cases against start up technologies such as Napster or Grooveshark show the ongoing struggle within the legal community to balance the need for creative protection with the need for change. Other high profile cases such as eBay v. Tiffany & Co. show the struggle of how to adapt older legal principles into a new media environment.
Whether in the realm of cybersecurity, data privacy, or intellectual property, modern legal challenges face fields ranging from large technology companies to individual consumers; all of these share the same overarching theme of keeping up with legal principles in an environment that is constantly changing.
Globalization and its Effects on the Legal Profession
The expansion of global trade, the movement of foreign workers, and the proliferation of international business partnerships have all made cross-border agreements more common than ever. At the same time, the science and technology driving these relationships often outpace existing legal frameworks. Disputes and complications regularly arise in areas such as trade, intellectual property rights, and international finance, making it clear that nations around the world are facing an unprecedented need for legal response to a new world order.
But globalization doesn’t just increase the potential volume of legal work; it also impacts how effectively lawyers are able to address these needs. One key factor is that the laws governing international commerce are often poorly aligned, making it difficult for nations to pursue effective cross-border enforcement of intellectual property, trade secrets, or international labor issues. In part due to this lack of harmonization, transnational legal proceedings tend to be much more slow, complex, and expensive than what’s commonly seen in domestic disputes.
Beyond just diverging legal definitions, different jurisdictions often define the laws surrounding key issues like liability and intellectual property in vastly different terms. In some countries, a simple handshake agreement might establish patent protections, while others are heavily protective of trade secrets. And as nations continue to place greater emphasis on using a soft touch to avoid harming their export markets, many nations have tried to take a hands-off approach to these sorts of business disputes.
International law was originally created to address some of these concerns and streamline the process of transnational legal proceedings. For foreign lawyers who want to pursue work in the United States, an advanced understanding of the modern legal landscape would be a major asset. Similarly, for American attorneys looking to expand their practice to include overseas clients, an understanding of how international law differs among sovereign nations could be a key factor in developing successful legal arguments.
The Influence of Technology on Legal Service Delivery
The advent of legal technology has been a game-changer for the industry. While traditional legal services often struggled with inefficiencies and high costs, technology now enables lawyers and clients to access a faster, more effective form of representation. Ad tech, chatbots, document assembly, machine learning, and other web-based technologies have digitalized many previously in-person processes . These innovations increase accessibility, reduce costs, and significantly improve the client experience. As Becky Kramm explained, "as law firms continue to embrace technology, they see the value of providing that technology to their clients." As the tools that are included in this modern practice make it easier than ever to offer guidance on risk management, data protection, and cross-border legal issues, this trend will likely expand well beyond the world of ADR.
Trends in Legal Education
The legal landscape is ever-evolving and so too is the education-system that serves a role in the profession. As society has made technological strides into an era of information overload, legal education has kept pace with the needs of new students.
"In the old days, those who enrolled in law school were largely those who applied, picked a series of schools to apply to, received their acceptance letters, chose one, and then went. Now, prospective students can virtually attend courses at any school and all over the world," says Professor Jeffrey Steel.
Steel teaches at UConn School of law, which has a growing online Master of Laws (LL.M.) program. Unlike the traditional Juris Doctor (J.D.) programs, LL.M programs are designed for attorneys who have already received their J.D. and want to further their education.
"They never would have imagined something like this 10 years ago," he says, "Now they’re telling us how this is going to be part of the routine. Schools that haven’t done this are going to have to in order to stay competitive."
In addition to online education, the legal system is increasingly adopting the study of more practical tactics to help law students both during their time at school and after.
"Previously, it was the case that many clinics and journals or journals were essentially ‘courses’ that were pass or fail. Then, as long as you submitted your work to your professor, that was fine," says Professor Anne Poulin.
Poulin also teaches at UConn in the area of agency and partnership. "More and more, professors are demanding scholarly rigor of these student projects. Then, the journal gets reviewed by the editor and it’s published. It’s a real welcome addition to the curriculum," she explains.
Clerkships are another boon to modern legal training, giving students a further look at legal practice while they study.
"There is no substitute for students coming into contact with what lawyers do," Steel says. "There is no substitute for observation and imitation and participating in that. If we are going to prepare students for the practice of law, the more contact they can have with the practice, the better."
New disciplines with growing relevance to the law are also being introduced in legal programs, like an LL.M. in Energy and Environmental Law. "It’s mind boggling how much legal work there is in this field and how many opportunities there are," Poulin says.
A masters in health care law is another offering gaining interest as advances in technology and patient care have created a slew of new laws and regulations. "I think there are a lot of students with advanced degrees in other health fields who are looking for ways to be part of the American health care processes without necessarily having to be in a health care setting," Steel said.
And of course, legal tech is huge. Schools are now even offering classes in e-discovery, coding and big-data analysis. "When we talk about the skills that students need to practice law, these are really core lawyer skills that would be important for supervising people who do the work," Steel says.
"The profession will continue to grow and find new subfields and we will have to keep up with that," he explains. "The optimal size of the program will shrink so that we will be able to increase the demand for ILP students. I expect a lot more international students to arrive here."
The Career Landscape in Law
One of the most intriguing aspects of the current transformation of the legal market is its effect on law careers. When Mount Olympus once boasted a population of lawyers who grew exercise books and planted runs-of-the-mill case-law books, the golden age of legal careers being available to all was considered eternal. Seeking predictability, security and continuity, employment in the legal profession was the aspiration of many who possessed an affable demeanor (need I say the predecessor of the ubiquitous "lawyer joke") and either graduated with a law degree or nurtured a pre-law ambition. Students no longer "see law as a nice place to hang out in" and young lawyers are forgoing traditional law firm career paths for more autonomous futures as solo practitioners, non-legal entrepreneurs, professional services consultants and/or with other types of organizations outside the familiar law firm hierarchy . Even law students who enter the traditional law firm fold are doing so with the expectation that they will someday go it alone, function as in-house counsel, or do something completely different. Increased competition for jobs has led many students and young lawyers to seek medico-political solutions like extended apprenticeships rather than to defer to the traditional physician/patient model of law firm hiring. Admittedly, these are only observations (reinforced by the Pipeline’s either/or-employment-or-bust mindset) of the legal market’s evolving social norms and relationships. Causation is much harder to discern in this legal landscape.