John Anthony Flood | |
---|---|
Nationality (legal) | British Australian |
Occupation(s) | Legal academic, sociologist, consultant, legal advisor, author and researcher |
Academic background | |
Education | LLB (Law/Economics) LLM by research (Sociolegal Studies) LLM (Law) PhD (Sociology) |
Alma mater | London School of Economics University of Warwick Yale Law School Northwestern University |
Academic work | |
Institutions | Griffith University |
John Anthony Flood is a British and Australian sociologist,legal academic,consultant,author and a researcher. He is professor of law and Society at Griffith University and an adjunct professor of law at Queensland University of Technology. Flood is also a research associate at UCL Centre for Blockchain Technologies. [1]
Flood has published many articles,chapters and reports,and focuses primarily on the legal profession and the globalization of law along with the impact of technological changes on the practice of law. He is the author of Barristers' Clerks—The Law's Middlemen,The Legal Profession in the United States,What Do Lawyers Do? An Ethnography of a Corporate Law Firm and The Global Lawyer. [2]
Flood was an Exxon Fellow in Ethics at Indiana University-Bloomington from 1988 till 1989,Jean Monnet Fellow at European University Institute from 1990 till 1991 and a Leverhulme Research Fellow from 2012 till 2014. [3]
Flood has blogged since 2005 at John Flood's Random Academic Thoughts (RATs) on law,legal profession,and globalization.
Flood completed his LLB in Law and Economics from London School of Economics in 1975. He did his LLM by research in Socio-Legal Studies from University of Warwick in 1978. He moved to USA for further studies and received his LLM degree in Law from Yale Law School in 1980. In 1987,Flood completed his Ph.D. in Sociology from Northwestern University. [4]
After completing his LLM from Yale Law School,Flood joined American Bar Foundation as affiliated scholar and later got promoted as research associate in 1983. From 1987 till 1992,he taught law and criminal justice at Indiana University-Bloomington as an assistant professor. Between Indiana and Westminster Flood held a Jean Monnet Fellowship at the European University Institute in Florence,Italy. In 1992,Flood moved back to England and joined University of Westminster as a reader in Law and then taught as a professor of law and sociology till 2014. Flood then moved to Ireland and was the inaugural McCann FitzGerald Professor of International Law and Business at University College Dublin Sutherland School of Law till 2015. [5] He moved to Australia and accepted a position of professor of law and society at Griffith University in 2015. [1]
Flood was a founding editor of Legal Profession Section in Jotwell from 2009 to 2016. [6] He served as the inaugural director of Law Futures Centre at the Griffith University in 2015 to 2016. [7] Since 2023 Flood has been appointed General Editor of the journal Legal Ethics.
Flood's primary research focuses on law,sociology of law,the impact of technology on law and the legal profession,the legal profession and law firms,and the globalization of law. In 1970's,he conducted a participant-observational research on barrister's clerks. He explored the role of a barrister's clerk in present times as the historical records about their roles is scarce. [8] He discussed the duties and responsibilities of the clerks. By outlining the career path of a student in becoming a barrister,he pointed out that the role of a clerk in the advancement of a barrister's career. He discussed three major roles of clerks and gathered ethnographic information about the clerks which added to the future studies about the power distribution between the barrister and their clerks. [9] While explaining the role of clerks,Flood considered the clerks as the defining line between the law and world of clients and money. The class division between the barristers and the clerks emphasizes Flood's theory about the clerks. [10]
Early in his career,Flood has also studied the ethnography of law firms,focusing on the organization of the law firms and the relationships between lawyers and clients. He conducted an ethnographic research on the barrister's clerks. By outlining the career path of a student in becoming a barrister,he pointed out that the role of a clerk in the advancement of a barrister's career. He discussed three major roles of clerks and gathered ethnographic information about the clerks which added to the future studies about the power distribution between the barrister and their clerks. [11]
Flood researched the impact of globalization on the business industry and also studied the role and position of legal elites in the global context. He conducted research about lawyer's role as a sanctifier and the role of elite law firms in the global business transactions. Flood studied the theoretical foundations of the legal practices undertaken by international businesses. He highlighted the political and economic factors affecting the law firms,the strategies used by international firms to capitalize their growth and briefly discussed the UK Pfandbriefe as a legal investment device in his article. [12] Flood conducted research on the capital markets as a driver of global economy and as a means of interaction between the investment banks and the elite law firms. He also explained the transnational legal processes and compared the investment laws in Turkmenistan and Poland. He also discussed the active players in the capital markets and the three top tier investment banks dominating the global capital market. Flood also included the major legal advisors of the major investment banks in his research. [13]
Along with studying the role of elite law firms in the capital markets,Flood also studied the development of these global law firms and the multidisciplinary practices (MDPs) of these firms. He conducted research on how different cultural,social and economic factors have transformed the global legal practice and explained the basic structure of a British law firm. He conducted interviews to study lawyer's work in the international context. [14] In the early 2000s,Flood took on research about the cross-border lawmaking in large law firms. In his paper about contemporary legal practices in the borderless and globalized setting,he researched for methods of equipping lawyers to adapt with this globalized setting where there is increased competition as non-lawyers are also providing legal services. [15] Flood then expanded his research focus to include the effect of blockchain or distributed ledger technology on law and the legal profession. In late 2010s,he wrote an article about the anarcho-capitalism,blockchain and the initial coin offerings (ICO). He stated that blockchain technology provides a chain of authority that is difficult to hack or change and traced the different hurdles in the history of blockchain technology. Flood argued that the philosophical origin of this technology dated back to the Austrian school's anarchic-capitalist strain that believed in the individual to individual interaction as the society's foundation. [16] Flood also included the impact of artificial intelligence while examining the impact of blockchain technologies on professions and their related knowledge bases. He discussed the profession that were the eager and the reluctant adopters of technology and the proceeded to explain the nature of expertise and the function in the legal profession. He stated that pure automation is difficult to achieve in professions as these include both the technical and indeterminate elements. Flood also discussed the application of AI and blockchain technology such as DAO and its impact on the role of lawyer as a trusted legal advisor. [17]
Flood conducted research on the impact of technology on legal education,specifically focusing on the three narratives of technology and archetypes as the drivers of change. He explained how the technological narratives effect how the lawyers react to lawtech. Flood suggested the 'adaptive professionalism' narrative that contributes to a better approach for the adaption of the new curriculum in legal education. [18]
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals,drafting legal pleadings,researching the law and giving legal opinions.
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An "advocate" is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However,in Scottish,Manx,South African,Italian,French,Spanish,Portuguese,Scandinavian,Polish,Israeli,South Asian and South American jurisdictions,"advocate" indicates a lawyer of superior classification.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications,which vary from one jurisdiction to another,to be described as a solicitor and enabled to practise there as such. For example,in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions,practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England;they undertake the general aspects of giving legal advice and conducting legal proceedings.
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The sociology of law,legal sociology,or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology,but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly,it may be described without reference to mainstream sociology as "the systematic,theoretically grounded,empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests,between culture and the normative order of society,establishing and maintaining interdependence,and constituting themselves as sources of consensus,coercion and social control".
Therapeutic jurisprudence (TJ) is an interdisciplinary approach to legal scholarship with the goal of reforming the law so it has a positive impact on the well-being of defendants appearing in court. TJ researchers and practitioners typically make use of social science methods to explore ways in which negative consequences can be reduced,and therapeutic consequences enhanced,without breaching due process requirements. By taking a non-adversarial approach to the administration of justice,judges and lawyers work together to create strategies that help offenders make positive changes in their own lives. Therapeutic jurisprudence has been used successfully in mental health courts and other problem-solving courts,such as drug courts for defendants with addictions.
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