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This article examines the four primary discourses of judging that dominate discussion of the European Court of Justice (ECJ) and its role in the process of European integration. These discourses present sharply contrasting views of what the Court does and what role it plays in the EU's legal system. The article argues that these conflicting discourses are not merely rival depictions of the ECJ, but that they have also influenced the process of European legal integration – and not always in the ways those voicing them intended.

As the demand for affordable legal services grows, law schools and the legal profession struggle to respond. By examining lessons from successful social movements in the last century, Cause Lawyering and Social Movements: Can Solo and Small Firm Practitioners anchor Social Movements looks at the Law School Consortium Project and its potential to participate in and anchor the social movements of our time. The collaboration of the law schools, networks of solo and small firm attorneys and activists at the local, regional and national level provide key elements for powerful change given the technological developments of the 21st century.

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

There are many contexts within which to consider the teaching of legal ethics to law students, such as historical, philosophical, or procedural. This paper describes a course with an emphasis on considering purposes of law as a heuristic context. The work is based on the writer’s experiences in establishing a new course in legal ethics for final year law students at the University of Western Australia. The background to the development of the course lay mainly in experience as legal practitioner, legal academic, and investigator of complaints against lawyers.

Building on relational inequality theory, this paper incorporates social capital as a device to trace the flow of resources through relationships originating within and beyond organizations. I draw on a survey of over 1,700 lawyers to evaluate key dynamics of social capital that shape earnings: bridging and bonding, reciprocity exchanges and sponsorship, and boundary maintenance. The findings show social capital lends a lift to law graduates through bridges to professional careers and sponsorship following job entry. Racial minorities, however, suffer a shortfall of personal networks to facilitate job searches, and once having secured jobs, minorities experience social closure practices by clients and colleagues that disadvantage them in their professional work. A sizeable earnings gap remains between racial minority and white lawyers after controlling for human and social capitals, social closure practices, and organizational context. This earnings gap is particularly large among racial minorities with more years of experience and those working in large law firms. The findings demonstrate the importance of identifying the interrelations that connect social network and organizational context to impact social inequality.

Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.