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