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Stanford University School of Law

Ernest W. McFarland Professor of Law Deborah L. Rhode, J.D.

 

http://lawschool.stanford.edu/faculty/rhode/

 

The vast majority of UPL cases are brought by bar organizations, not injured consumers. Actual cases of harm to clients due to incompetent or dishonest non-lawyer assistance are rare.  Professor of Law Deborah L. Rhode of Stanford University, for example, has written in "Policing the Professional Monopoly: A Constitutional and Empirical Analysis of Unauthorized Practice Prohibitions," 34 Stanford Law Review 1 (1981): "Although the organized bar has often suggested that the campaign against lay practice arose as a result of a public demand, the consensus among historians is to the contrary.”  In that same article she wrote that of all UPL inquiries, investigations, and complaints in 1979, only 2 % arose from consumer complaints and involved injury.  See also:

1.                   "The Unauthorized Practice of Law and Pro Se Divorce: An Empirical Analysis," 86 Yale Law Journal 104-184 (1976) (with Ralph C. Cavanagh)

2.                 "The Delivery of Legal Services by Non-Lawyers," Georgetown Journal of Legal Ethics 4 (1990): 215.

3.                  Legal Ethics (Westbury, N.Y.: Foundation Press, 1992), D. Rhode and Mark Luban, eds.

"Unauthorized Practice of Law," Access to Justice Institute, U. of Seattle, May, 2000.

 

Deborah L. Rhode                                  

Ernest W. McFarland Professor of Law

Email: rhode@leland.stanford.edu

Phone: (650) 723-0319

                                                   

                      Education and Employment

                      History

                      BA, Yale, 1974; JD, Yale, 1977.

 

                      Clerk to Judge Murray Gurfein,

                      U.S. Court of Appeals, Second

                      Circuit, 1977-78; to Justice

                      Thurgood Marshall, U.S. Supreme

                      Court, 1978-79.

 

                      Member of the Stanford faculty

                      since 1979; director, Institute for

                      Research on Women and Gender,

                      1986-90; director, Keck Center on

                      Legal Ethics and the Legal

                      Profession, 1993-; McFarland

                      Professor, 1997-. Senior counsel to

                      minority members, Judiciary

                      Committee, U.S. House of

                      Representatives, 1998. Cooperating

                      attorney, ACLU, 1982-86. Visiting

                      professor, Harvard, 1984- 85;

                      Columbia, 1993; NYU, 1993,

                      1995, 1999; Yale, 1999. Trustee,

                      Yale U., 1983-89. Member,

                      California and District of Columbia

                      bars. President, Association of

                      American Law Schools, 1998-99,

                      Chair, American Bar Association's

                      Commission on Women and the

                      Profession, 2000—.

 

                      Professor Deborah Rhode's

                      Curriculum Vitae

 

                      Principal Subjects

                      Professional responsibility

                      Gender law and public policy

 

                      Courses 2001–02

                      Autumn

                      On Leave

                      Spring

                      Gender Law and Public Policy

                      Legal Ethics

 

                      Books

 

                      Legal Ethics, with David Luban

                      (Foundation Press, 3rd Ed.,

                      forthcoming).

 

                      In the Interests of Justice

                      (Oxford, 2000).

 

                      Ethics in Practice (Oxford, 2000).

 

                      Speaking of Sex (Harvard

                      University Press, 1997).

 

                      Sex Discrimination and the Law,

                      with Barbara Allen Babcock, Ann

                      E. Freedman, Susan Deller Ross,

                      Wendy Webster Williams, Rhonda

                      Copelon, Nadine H. Taub (Little,

                      Brown & Co., 1996).

 

                      The Legal Process:

                      Responsibility and Regulation,

                      with Geoffery Hazard (Foundation

                      Press, 3rd Ed. 1994).

 

                      The Politics of Pregnancy:

                      Adolescent Sexuality and Public

                      Policy, Editor, with Annette

                      Lawson, (Yale University Press,

                      1993).

 

                      Theoretical Perspectives on

                      Sexual Difference, Editor (Yale

                      University Press, 1990).

 

                      Justice and Gender (Harvard

                      University Press, 1989).

 

                      Selected Articles

                      "Access to Justice," 69 Fordham

                      Law Review 101 (2001).

 

                      "Conflicts of Commitment: Legal

                      Ethics and the Impeachment

                      Context," 52 Stanford Law

                      Review 269 (2000).

 

                      "Legal Education: Professional

                      Interests and Public Values," 34

                      Indiana Law Review 23 (2000).

 

                      "Cultures of Commitment: Pro Bono

                      for Lawyers and Law Students," 67

                      Fordham Law Review 2415

                      (1999).

 

                      "Professionalism in Professional

                      Schools," 27 Florida State

                      University Law Review 193

                      (1999).

 

                      "The Professional Responsibility of

                      Professional Schools," 49 Journal

                      of Legal Education 24 (1999)

                      (symposium on the delivery of legal

                      ethics).

 

                      "Too Much Law, Too Little Justice:

                      Too Much Rhetoric, Too Little

                      Reform," 11 Georgetown Journal

                      of Legal Ethics 989 (1998).

 

                      "Annotated Bibliography of

                      Educational Materials on Legal

                      Ethics," 11 Georgetown Journal

                      of Legal Ethics 1029 (1998).

 

 

                                                    "The Professionalism Problem," 39

                                                    William and Mary Law Review

                                                    283 (1998).

 

                                                    "The Professional Responsibilities of

                                                    Professional Schools: Pervasive

                                                    Ethics in Perspective", in American

                                                    Bar Association, Teaching and

                                                    Learning Professionalism:

                                                    Symposium Proceedings (1997).

 

                                                    "Whistling Vivaldi: Legal Education

                                                    and the Politics of Progress." 23

                                                    New York Review of Law and

                                                    Social Change 217 (1997)

 

                                                    "Myths of Meritocracy," 65

                                                    Fordham Law Review 585

                                                    (1996).

 

                                                    "Professionalism in Perspective:

                                                    Alternative Approaches to

                                                    Nonlawyer Practice," 22 New York

                                                    University Review of Law and

                                                    Social Change 701 (1996).

 

                                                    "Into the Valley of Ethics:

                                                    Professional Responsibility and

                                                    Education Reform," 58 Law and

                                                    Contemporary Problems 139

                                                    (1995).

 

                                                    "Media Images, Feminist Issues,"

                                                    20 SIGNS 685 (1995).

 

                                                    "Feminism and the State," 107

                                                    Harvard Law Review 1181

                                                    (1994) (symposium on the state).

 

                                                    "Gender and Professional Roles,"

                                                    63 Fordham Law Review 39

                                                    (1994) (symposium on Women and

                                                    the Law).

 

                                                    "Institutionalizing Ethics," 44 Case

                                                    Western Reserve Law Review 665

                                                    (1994) (symposium on the legal

                                                    profession.

 

                                                    "Missing Questions: Feminist

                                                    Perspectives on Legal Education,"

                                                    45 Stanford Law Review 1547

                                                    (1993).

 

                                                    "Sex Discrimination," World Book

                                                    Encyclopedia (1993).

 

                                                    "Professional Ethics and

                                                    Professional Education," 1

                                                    Professional Ethics Journal 31

                                                    (1992).

 

                                                    Letting the Law Catch Up," 44

                                                    Stanford Law Review 1259

                                                    (1992) (symposium on Justice

                                                    Thurgood Marshall).

 

                                                    "Ethics by the Pervasive Method,"

                                                    42 Journal of Legal Education 31

                                                    (1992).

 

                                                    "Sexual Harassment," 65 Southern

                                                    California Law Review 1459

                                                    (1992) (symposium on sexual

                                                    harrassment).

 

                                                    "An Adversarial Exchange on

                                                    Adversarial Ethics: Text, Subtext,

                                                    and Context," 41 Journal of Legal

                                                    Education 29 (1991) (symposium

                                                    on legal ethics).

 

                                                    "The No-Problem Problem:

                                                    Feminist Challenges and Cultural

                                                    Change," 100 Yale Law Journal

                                                    1731 (1991).

 

                                                    "Women's Rights and Social

                                                    Wrongs," 14 Harvard Journal of

                                                    Law & Public Policy 13 (1991).

 

                                                    "The Delivery of Legal Services by

                                                    Non-Lawyers," 4 Georgetown

                                                    Journal of Legal Ethics 209

                                                    (1990).

 

                                                    "Feminist Critical Theories," 42

                                                    Stanford Law Review 617 (1990).

 

                                                    "Reforming the Questions:

                                                    Questioning the Reforms: Feminist

                                                    Perspectives on Divorce Reform,"

                                                    in Herma Hill Kay and Stephen S.

                                                    Sugarman, eds., Divorce Reform

                                                    at the Crossroads, (Yale

                                                    University Press, 1990) (with

                                                    Martha Minow).

 

                                                    "Gender Difference and Gender

                                                    Disadvantage," in Naomi B. Lynn

                                                    ed., Women, Politics and the

                                                    Constitution, Haworth (1990); and

                                                    in 10 Women and Politics 21

                                                    (1990).

 

                                                    "Gender Equality and Employment

                                                    Policy," in Sara E. Rix, ed., The

                                                    American Woman (1990).

 

 

http://lawschool.stanford.edu/faculty/rhode/cv.shtml

 

Deborah L. Rhode

 

Curriculum Vitae

July 2000

 

Education

 

B.A., Yale University, 1974, Summa Cum Laude, Phi Beta Kappa, Degree

with Honors, Political Science. President, Yale Varsity Debate Association,

1973-74; Member, Yale Varsity Tennis Team, 1970-73.

 

J.D., Yale Law School, l977; Editor, Yale Law Journal 1976-77; Director,

Moot Court Board, l976-77; Peres Prize (awarded by faculty) and Egger

Prize (awarded by student editors) for the Outstanding Student Contribution

to the Yale Law Journal.

 

Employment

 

Present: Ernest W. McFarland Professor of Law, and Director, Keck Center

on Legal Ethics and the Legal Profession, Stanford Law School. Principal

Subjects: Gender, Law, and Public Policy; Professional Responsibility; Legal

Profession.

 

September 1998-December 1998: Senior Investigative Counsel, Minority

Staff, Committee on the Judiciary, United States House of Representatives

 

1995-present: Columnist, National Law Journal.

 

September, 1995-December, 1995: Visiting Professor of Law, New York

University Law School.

 

September, 1993-December, 1993: Visiting Professor, Columbia University

Law School, and New York University Law School

 

September, 1986-October, 1990: Director, Institute for Research on Women

and Gender, Stanford University.

 

February-March, 1987, Chancellor's Distinguished Lecturer, Law School,

University of California, Berkeley.

 

1984-85: Visiting Professor, Harvard Law School.

 

1979-84: Associate Professor of Law, Stanford University.

 

1978-79: Law Clerk, Justice Thurgood Marshall, Supreme Court of the

United States.

 

1977-78: Law Clerk, Hon. Murray I. Gurfein, U.S. Court of Appeals for the

Second Circuit.

 

1976-77: Director of Debate and Public Speaking, Yale University.

 

Professional Organizations and Appointments

 

2000-present: Chair, American Bar Association Commission on Women in

the Profession

 

1999-present: Member, Board of Directors, NOW Legal Defense Fund

 

1997-present: Member, Board of Directors, Equal Rights Advocates

 

1997-1999: Member of the Legal Advisory Task Force, Open Society

Institute

 

1994-1999: Member, Executive Committee, Association of American Law

Schools.

 

1998: President, Association of American Law Schools

 

1983-89: Trustee of Yale University (member of Yale Corporation governing

body of Yale University).

 

1986-91: Member, Board of Directors, National Council for Research on

Women.

 

l988-89: Co-Chair, California State Bar Attorney-Client Commission.

 

1987-88: Co-Chair, Committee on Professional Responsibility, Section on

Litigation, American Bar Association.

 

1985-86: Chair, American Association of Law Schools, Section on

Professional Responsibility.

 

1982-86: Cooperating Attorney, American Civil Liberties Union.

 

1981-83: Member, Board of Directors, Stanford Public Interest Law

Foundation.

 

Member of the Bar: California; District of Columbia.

 

Honors and Awards

 

American Bar Association, Pro Bono Publico Award, 1999, for efforts to

expand public service opportunities in law schools.

 

American Bar Foundation, W. M. Keck Foundation Award for Distinguished

Scholarship on Legal Ethics and Professional Responsibility, 1999.

 

National Women's Political Caucus and Radcliffe College, Exceptional Merit

Media Award (EMMA), for columns in the National Law Journal, 1997 and

1998.

 

National Law Journal, profiled as one of the nation's fifty most influential

women lawyers, 1998.

 

Books

 

In the Interests of Justice (Oxford, 2000).

 

Ethics in Practice (Oxford, 2000).

 

Professional Responsibility: Ethics by the Pervasive Method, (Aspen, 2d ed.,

1998).

 

Speaking of Sex (Harvard University Press, 1997).

 

Sex Discrimination and the Law, with Barbara Allen Babcock, Ann E.

Freedman, Susan Deller Ross, Wendy Webster Williams, Rhonda Copelon,

Nadine H. Taub (Little, Brown & Co., 1996).

 

Legal Ethics, with David Luban (Foundation Press, 2nd Ed. 1995).

 

The Legal Profession: Responsibility and Regulation, with Geoffrey Hazard

(Foundation Press, 3rd Ed. 1994).

 

The Politics of Pregnancy: Adolescent Sexuality and Public Policy, Editor,

with Annette Lawson (Yale University Press, 1993).

 

Theoretical Perspectives on Sexual Difference, Editor (Yale University Press,

1990).

 

Justice and Gender (Harvard University Press, l989).

 

Books in Press and Books in Progress

 

Legal Ethics, with David Luban (Foundation Press, 3rd Ed., forthcoming)

 

Selected Articles

 

"Access to Justice," 69 Fordham Law Review 101 (2001)

 

"Conflicts of Commitment: Legal Ethics in the Impeachment Context," 52

Stanford Law Review 269 (2000)

 

"Legal Education: Professional Interests and Public Values," 34 Indiana Law

Review 23 (2000).

 

"Cultures of Commitment: Pro Bono for Lawyers and Law Students,"

Fordham Law Review (1999) (symposium on the delivery of legal services)

 

"Professionalism in Professional Schools," 27 Florida State University Law

Review 193 (1999)

 

"The Professional Responsibility of Professional Schools," 49 Journal of Legal

Education 24 (1999)

 

"Too Much Law, Too Much Justice: Too Much Rhetoric, Too Little Reform,"

Georgetown Journal of Legal Ethics, (1998) (symposium on the delivery of

legal ethics)

 

"Annotated Bibliography of Educational Materials on Legal Ethics,"11 The

Georgetown Journal of Legal Ethics 1029 (1998) .

 

"The Professionalism Problem," 39 William and Mary Law Review 283

(1998)

 

"The Professional Responsibilities of Professional Schools: Pervasive Ethics in

Perspective," in American Bar Association, Teaching and Learning

Professionalism: Symposium Proceedings (1997)

 

"Whistling Vivaldi: Legal Education and the Politics of Progress," 23 New

York Review of Law and Social Change 217 (1997)

 

"Myths of Meritocracy," 65 Fordham Law Review 561 (1996)

 

"Professionalism in Perspective: Alternative Approaches to Nonlawyer

Practice," 22 New York Review of Law and Social Change 701 (1996)

 

"Into the Valley of Ethics: Professional Responsibility and Educational

Reform," 58 Law and Contemporary Problems 139 (1995)

 

"Media Images, Feminist Issues," 20 SIGNS 685 (1995)

 

"Feminism and the State," 107 Harvard Law Review 1181 (1994)

(symposium on the state)

 

"Gender and Professional Roles," 63 Fordham Law Review 39 (1994)

(symposium on Women and the Law)

 

"Institutionalizing Ethics," 44 Case Western Law Review 663 (1994)

(symposium on the legal profession)

 

"Missing Questions: Feminist Perspectives on Legal Education," 45 Stanford

Law Review 1547 (1993)

 

"Sex Discrimination," World Book Encyclopedia (1993)

 

"Professional Ethics and Professional Education," 1 Professional Ethics Journal

31 (1992)

 

"Letting the Law Catch Up," 44 Stanford Law Review 1259 (1992)

(symposium on Justice Thurgood Marshall)

 

"Ethics by the Pervasive Method," 42 Journal of Legal Education 31 (1992)

 

"Sexual Harassment," 65 Southern California Law Review 1459 (1992)

(symposium on sexual harassment)

 

"An Adversarial Exchange on Adversarial Ethics: Text, Subtext, and Context,"

41 Journal of Legal Education 29 (1991) (symposium on legal ethics)

 

"The No-Problem Problem: Feminist Challenges and Cultural Change," 100

Yale Law Journal 1731 (1991)

 

"Women's Rights and Social Wrongs," 14 Harvard Journal of Law & Public

Policy 13 (1991)

 

"The Delivery of Legal Services by Non-Lawyers," 4 Georgetown Journal of

Legal Ethics 209 (1990)

 

"Feminist Critical Theories," 42 Stanford Law Review 617 (1990)

 

"Reforming the Questions: Questioning the Reforms: Feminist Perspectives on

Divorce Reform," in Herma Hill Kay and Stephen S. Sugarman eds., Divorce

Reform at the Crossroads (Yale University Press, 1990) (with Martha

Minow)

 

"Gender Difference and Gender Disadvantage," in Naomi B. Lynn ed.,

Women, Politics and the Constitution (1990) and in 10 Women and Politics

21 (1990)

 

"Gender Equality and Employment Policy," in Sara E. Rix ed., for the

Women's Research Institute, The American Woman (1990)

 

"The Equal Rights Amendment" and "The Nineteenth Amendment," in

Leonard W. Levy, Kenneth L. Karst, and Dennis J. Mahony eds., Civil Rights

and Equality: Selections from the Encyclopedia of the American Constitution

(l989)

 

"Equal Protection: Gender and Justice," in Michael McCann and Gerald

Houseman eds., Judging the Constitution: Critical Essays on Judicial

Lawmaking (Scott, Foresman, and Co., l989)

 

"Occupational Inequality," 1988 Duke Law Journal 1207

 

"Perspectives on Professional Women," 40 Stanford Law Review 1163

(1988) (symposium on women and the legal profession)

 

"The Woman's Point of View," 38 Journal of Legal Education 39 (1988)

(symposium on women in legal education)

 

"Gender Equality and Constitutional Traditions," in Leslie Cohen Berlowitz,

Denis Donoghue, and Louis Menand eds., America in Theory (Oxford

University Press, 1988)

 

"Constitutional Celebrations: The View from the Margins," in Blessings of

Liberty: The Constitution and the Practice of Law 29 (American Law

Institute-American Bar Association Committee on Continuing Professional

Education, l988)

 

"Moral Character: The Personal and the Political," 20 Loyola Law Journal 1

(l988)

 

"Gender and Jurisprudence," 56 University of Cincinnati Law Review 521

(1987) (symposium on feminist moral, political, and legal theory)

 

"Feminist Perspectives on Legal Ideology," in Ann Oakley and Juliet Mitchell

eds., What is Feminism? (Oxford: Basil Blackwell Press, 1986)

 

"Justice, Gender, and the Justices," in Laura Crites and Winifred Hepperle

eds., Women, the Courts, and Equality (Sage Yearbooks in Women's Policy

Studies, l986)

 

"Association and Assimilation," 81 Northwestern Law Review 106 (1986)

 

"Solicitation," 36 Journal of Legal Education 317 (l986)

 

"The Rhetoric of Professional Reform," 45 Maryland Law Review (l986)

(Stuart Rome Lecture)

 

"Moral Character as a Professional Credential" 94 Yale Law Journal 491

(l985)

 

"Ethical Perspectives on Legal Practice," 37 Stanford Law Review 589

(1985)

 

"Equal Rights in Retrospect," 1 Journal of Law and Inequality 1 (1983)

 

Class Conflicts in Class Actions," 34 Stanford Law Review 1183 (1982)

 

"Conflicts of Interest in Educational Reform Litigation," in David L. Kirp and

Donald R. Jensen eds., School Days, Rule Days (l985), and 92 American

Journal of Education 440 (1984)

 

"Policing the Professional Monopoly: A Constitutional and Empirical Analysis

of Unauthorized Practice Prohibitions," 34 Stanford Law Review 1 (1981)

 

"Why the ABA Bothers: A Functional Perspective on Professional Codes," 59

Texas Law Review 689 (1981) (symposium issue on the ABA's Model Rules

of Professional Conduct)

 

"The Unauthorized Practice of Law and Pro Se Divorce: An Empirical

Analysis," 86 Yale Law Journal 104-184 (1976) (with Ralph C. Cavanagh)

 

Selected Non-Scholarly Publications

 

"Sex in Schools: WhoÕs Minding the Adults?" Trial, February, 1999

 

"Legal Harassment," The Nation, February 15, 1999

 

"Harassment is Alive and Well and Living at the Watercooler," Ms.

(November/December 1997)

 

"Gender Inequality," Chicago Tribune, July 27, 1997

 

"Meet Needs with Nonlawyers," American Bar Association Journal, January,

1996

 

Book Review: Anthony Kronman, The Lost Lawyer (1994), and Sol M.

Linowitz with Martin Mayer, The Betrayed Profession (1994), American Bar

Association Journal (July, 1994)

 

Selected Lectures

 

"Unauthorized Practice of Law," Access to Justice Institute, University of

Seattle, May, 2000

 

"Legal Ethics," Legg-Crahan Lecture in Legal Ethics, Kansas University

School of Law, April, 2000

 

"Cultures of Commitment: Pro Bono for Lawyers and Law Students," The

Centennial Public Square Lecture, William Mitchell College of Law, March,

2000

 

"The Profession and its Discontents," Strong Lecture, Ohio State University

Law School, February, 2000

 

"Speaking of Sex," Jane S. Pollock Memorial Lecture in WomenÕs Studies,

University of Pennsylvania, Oct., 1999

 

Elizabeth Mullin Welch Lecture, "The Denial of Gender Inequality," Center for

the Education of Women, University of Michigan, October, 1999

 

"The Professional Responsibilities of Professionals," Lockhart Lecture,

University of Minnesota, March, 1999

 

"The Professionalism Problem," Tabor Lecture, Valparaiso Law School, April

1998

 

"The Crisis of Professionalism," Inaugural Sondock Lecture in Legal Ethics,

University of Houston, February, 1998

 

"Lawyers," The Program on Ethics and the Profession, Harvard University,

October 1997

 

"Speaking of Sex," Girton College, Cambridge University, England, October,

1997

 

"Gender Inequality in the 1990's," James A. Moffett Lecture in Ethics,

Princeton University Center for Human Values, October 1995

 

"The ŌNo-ProblemÕ Problem," Ray Lecture, University of Kentucky,

October 1995

 

"Women in Law," Cordell Hull Lecture, Cumberland Law School, April,

1995

 

"The `No Problem' Problem: Gender Inequality in the 1990's," The 1995

Quinlan Lecture,

 

Oklahoma City University School of Law, April, 1995

 

"Professionalism in a `Different Voice'?," Findley and Robb Lecture,

Centennial Faculty Lecture Series, University of California at Berkeley, Boalt

Hall, March, 1995

 

"Gender and Professional Roles," Sanders Lecture, Vanderbilt University,

March, 1995

 

"Professionalism in a `Different Voice'?: Gender and Professional Roles,"

Pope, Cahil and Devine Lecture on Professionalism, Northwestern University,

April 14, 1994

 

"The `No Problem' Problem: Gender Equality in the 1990's," Presidential

Lecture, Rice University, 1993

 

"Ethics by the Pervasive Method," Keynote Address, National Conference on

Ethics and Professions, University of Florida, January, 1992

 

Miller Lecture in Professional Responsibility, University of Tennessee, 1990

 

"Moral Character: The Personal and the Political," Baker-McKenzie Lecture,

Loyola Law School, Chicago, April, l988

 

"Occupational Inequality," Duke Law Review Lecture, March, l988

 

"Equal Rights and Constitutional Traditions: The View From the Margins,"

Angelo State University, October, 1987

 

"Gender Difference and Gender Disadvantage," Conference on Women and

the Constitution, Carter Center, Emory University, February, 1988

 

"Ethical Perspectives on Legal Practice," Blankenbaker Lecture, University of

Montana Law School, April, 1986

 

"The Rhetoric of Reform," Rome Lecture, University of Maryland Law

School, April, 1985

 

Personal

 

Married: Husband, Ralph C. Cavanagh, Attorney, Natural Resources Defense

Council, San Francisco