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Christine Riordan and Paul Osterman
This paper explores organizational restructuring in corporate law firms. We review recent changes in law firms’ business models and structures, specifically as they relate to the…
Abstract
This paper explores organizational restructuring in corporate law firms. We review recent changes in law firms’ business models and structures, specifically as they relate to the externalization of work – or the unbundling of work and its placement with outside entities, which redefines the division of labor and the nature of the employment relationship. We draw from the extensive scholarship on the legal profession to raise empirical and theoretical implications of market-driven change to the careers of lawyers as well as the shifting patterns of stratification within corporate firms and the profession at large.
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In China's urban context of labor retrenchment, women are faring poorly relative to their male counterparts. Is the same true in China's incipient, dynamic, and expanding legal…
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In China's urban context of labor retrenchment, women are faring poorly relative to their male counterparts. Is the same true in China's incipient, dynamic, and expanding legal profession? Findings from four sources of quantitative data suggest that gender inequality in China's private and highly market-driven legal profession is a microcosm of larger patterns of female disadvantage in China's evolving urban labor market. Although employment opportunities for women lawyers have greatly expanded quantitatively, their careers are qualitatively less successful than those of their male counterparts in terms of both income and partnership status. In the Chinese bar, women's significantly shorter career trajectories are perhaps the most important cause of their lower incomes and slimmer chances of becoming a law firm partner. Future research must identify the causes of this significant career longevity gap between men and women in the Chinese legal profession.
In this paper, we analyse how the national variety in professional organisation is affected by the current period of globalisation by reference to key features of the business law…
Abstract
In this paper, we analyse how the national variety in professional organisation is affected by the current period of globalisation by reference to key features of the business law firm in the US, the UK and Germany. Our argument is that changes in law firms from these different countries are indeed intertwined with each other through a gradual process of legal globalisation but that they are not necessarily converging on a dominant US model. Rather we find evidence that new hybrid types of firms are arising in Europe out of a re-combination of elements of different national models.
“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores…
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“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores why these lawyers have mobilized to work on Guantánamo matters. What processes engender “heterogeneous mobilization” (i.e., mobilization from different practice settings, and diverse professional, as well as political backgrounds, and beliefs) of lawyers? What are the impacts of such mobilization on the work of lawyers? Adopting a social movement lens and a contemporary historical perspective, this chapter identifies lawyers’ perceptions of their role vis-à-vis the “rule of law” as the most significant cross-cutting motivation for participation. The overlap in human rights orientation of legal nongovernmental organizations (NGOs) and the legal academy, and the corporate pro bono practice at top law firms, facilitates collaborative lawyering between lawyers. Despite some potential limitations of such collaborations, heterogeneous mobilization appears to contribute, at least in the case of Guantánamo, to a greater likelihood of resistance by lawyers to the retreat from individual rights in the name of national security.
Eric D. Bostwick, Morris H. Stocks and W. Mark Wilder
This study investigates whether or not accounting and legal decision-makers at publicly traded US firms exhibit a professional affiliation bias with respect to their selection of…
Abstract
This study investigates whether or not accounting and legal decision-makers at publicly traded US firms exhibit a professional affiliation bias with respect to their selection of business service providers. Executives at NYSE or NASDAQ firms who were affiliated with the accounting profession, the legal profession, or neither profession indicated their likelihood of using one of three randomly assigned types of firms (i.e., a CPA firm, a law firm, or a firm with both CPA and attorney partners) to provide five selected business services. The five business services represent the range of accounting and legal services that firms often outsource: audit, tax representation, mergers and acquisitions, trade regulation/interstate commerce, and litigation. We find that executive level decision-makers at publicly traded US firms do exhibit a professional affiliation bias in the selection of business service providers and that this professional affiliation bias is stronger in attorneys than in CPAs. The fact that all respondents were NYSE or NASDAQ executives, rather than students or another surrogate population, provides additional relevance and generalizability to our findings. Identifying this bias can help executives avoid suboptimal initial selection decisions and/or inaccurate performance evaluations of external business service providers.
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Annette Nierobisz and John Hagan
Using survey data from the 1993 Wilson Task Force on Gender and Equality in the Legal Profession and qualitative data from in-depth interviews with female law professors, we…
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Using survey data from the 1993 Wilson Task Force on Gender and Equality in the Legal Profession and qualitative data from in-depth interviews with female law professors, we examine the social basis of professional authority in Canadian law school classrooms. Our quantitative and qualitative findings are consistent with classic sociological work and contemporary anecdotal accounts that suggest women experience greater difficulties achieving professional authority. In the law school classroom, however, we find that stratification within the profession and stratification within the knowledge base further undermine the professional authority of female law professors.
Sociologists have long recognized that stable patterns of exchange within a market depend on the ability of market actors to solve the problem of cooperation. Less well recognized…
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Sociologists have long recognized that stable patterns of exchange within a market depend on the ability of market actors to solve the problem of cooperation. Less well recognized and understood is a second problem that must be solved – the problem of Knightian uncertainty. This chapter posits that the problem of Knightian uncertainty occurs not only in the market; it underlies a variety of exchange contexts – not just markets, but art worlds and professions as well. These three exchange contexts are similar in so far as a generally accepted quality schema arises as an important solution to the problem of Knightian uncertainty; however, the quality schemas that arise in these three contexts differ systematically along two dimensions – the complexity of the schema and the extent to which the “non-producers” have a voice in the determination of the quality schema. By comparing and contrasting the way in which quality schemas arise in these three domains, this chapter (1) gives some specificity to the notion of quality as a social construction; (2) provides some preliminary insight into why a particular good or service becomes perceived as a market, artistic, or professional offering; and (3) offers an imagery for conceptualizing the mobility of goods and services between these three domains.