Reflections on Success and Failure in New Governance and the Role of the Lawyer
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While the recent global economic downturn and the change in power in U.S. government force us to reexamine the efficacy of new governance approaches to public problem-solving and regulatory reform, the contributions of Symposium participants affirm that new governance will likely continue to be with us in the not-so-distant future. Thus, there is a continuing need to clarify the lawyer's role in new governance. This Afterword begins that task by (1) reassessing the core normative goals of much new governance jurisprudence and practice, analyzing and critiquing the limited role for lawyers envisioned in this field; (2) positing how lawyers should proceed in a new governance world while still advancing distributive justice; and (3) analyzing the implications of these changes for legal education. The Afterword concludes by outlining further scholarly work that must be done to help lawyers navigate in a new governance regime.
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