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