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This collection of articles and essays by Herbert Kritzer draws on his extensive research related to lawyers and legal practice conducted over the last 35 years. That research has applied existing theoretical frameworks and developed innovative ways of thinking about how to understand what it is that lawyers do. The chapters reflect the wide range of both qualitative and quantitative research methods he has employed, and draw on his work on the Civil Litigation Research Project, a massive study funded by the U.S. Department of Justice under the Carter administration, and continues through subsequent studies of lawyer-client relationships in Canada, contingency fee legal practice, and insurance defense practice. This book is for scholars and practitioners interested in understanding the work of lawyers in day-to-day litigation-like settings—and those concerned about what the future might hold for the structure of the legal profession and the nature of legal practice. “Lawyers at Work is a masterful collection, by one of the leading and award winning empirical researchers on legal institutions and the legal profession today, on the ‘black box’ of law practice. Spanning decades of research, Professor Kritzer presents data and findings on how lawyers bill, develop relationships with clients and opponents, manage scientific expertise, negotiate, and conduct their everyday work in a wide variety of case types. He explores and exposes the differences in both theories and data about the legal profession from virtually every major study there is on what lawyers actually do. If anyone wants to know about the real practices of lawyers in the past and present, and with important projections about the future, this is a must read. We can speculate about what lawyers really do, but Kritzer has the actual ‘facts.’” — Carrie Menkel-Meadow, Chancellor’s Professor of Law and Political Science, University of California, Irvine, and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Georgetown University Law Center “Through wide-ranging field research over 35 years Kritzer has done more than anyone to document the craft of lawyers at work. This extraordinary compilation finds the whole in a professional lifetime of research, cementing Kritzer’s reputation as pioneer and master of empirical legal research.” — Tom Baker, William Maul Measey Professor of Law and Health Sciences, University of Pennsylvania Law School “Bert Kritzer has long been recognized as one of the most astute scholarly commentators on the U.S. legal profession. This collection of papers allows readers to see his body of work as a whole, and to appreciate the unique combination of quantitative and qualitative skills on which it rests. It is essential reading for anyone who wants to cut through the myths that pervade debates about policy and practice in civil justice.” — Robert Dingwall, Nottingham Trent University, UK
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
The first wave of trailblazing female law professors and the stage they set for American democracy. When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg’s name speaks volumes for itself—but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues. Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women’s voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the “second wave” of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.
This volume presents seminal monographs that continue to shape the contemporary discipline of law and society. Long before the turn toward cultural analysis of social institutions, socio-legal scholars demonstrated the ways in which law and its activities is contingent on the context of time, place, and hierarchy. The works selected for this volume demonstrate this foundational principle of the discipline of law and society.
In this landmark work of economic sociology, Lucien Karpik introduces the theory and practical tools needed to analyze markets for singularities. Singularities are goods and services that cannot be studied by standard methods because they are multidimensional, incommensurable, and of uncertain quality. Examples include movies, novels, music, artwork, fine wine, lawyers, and doctors. Valuing the Unique provides a theoretical framework to explain this important class of products and markets that for so long have eluded neoclassical economics. With this innovative theory--called the economics of singularities--Karpik shows that, because of the uncertainty and the highly subjective valuation of singularities, these markets are necessarily equipped with what he calls "judgment devices"--such as labels, brands, guides, critics, and rankings--which provide consumers with the credible knowledge needed to make reasonable choices. He explains why these markets are characterized by the primacy of competition by qualities over competition by prices, and he identifies the conditions under which singularities are constructed or are in danger of losing their uniqueness. After demonstrating how combinations of the numerous and multiform judgment devices can be used to identify different market models, Karpik applies his analytical tools to the functioning of a large number of actual markets, including fine wines, movies, luxury goods, pop music, and legal services.
Over 4,000 lawyers lost their positions at major American law firms in 2008 and 2009. In The Vanishing American Lawyer, Professor Thomas Morgan discusses the legal profession and the need for both law students and lawyers to adapt to the needs and expectations of clients in the future. The world needs people who understand institutions that create laws and how to access those institutions' works, but lawyers are no longer part of a profession that is uniquely qualified to advise on a broad range of distinctly legal questions. Clients will need advisors who are more specialized than many lawyers are today and who have more expertise in non-legal issues. Many of today's lawyers do not have a special ability to provide such services. While American lawyers have been hesitant to change the ways they can improve upon meeting client needs, lawyers in other countries, notably Great Britain and Australia, have been better at adapting. Law schools must also recognize the world their students will face and prepare them to operate successfully within it. Professor Morgan warns that lawyers must adapt to new client needs and expectations. The term "professional" should be applied to individuals who deserve praise for skilled and selfless efforts, but this term may lead to occupational suicide if it becomes a justification for not seeing and adapting to the world ahead.
Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance.
A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
Today's professionals, especially women, are caught in a time paradox: can they build a career and a family at the same time? The Part-time Paradox explores the conflict and tension between the time demands of career and family life, and the choice of part-time work as a solution. The changing demographics of the family and the work place make it increasingly difficult for both men and women to meet the escalating time pressures facing a doctor, lawyer or manager. This book examines the social problems associated with demanding work schedules and choices, and also illustrates successful alternatives to full-time employment. It draws on interviews with attorneys in large law firms, in-house corporate counsels, and government service in order to explore the multiple dimensions of the part-time work solution. Although attitudes are beginning to change, one of the greatest impediments to part-time work is the stigma attached to it in many organizations, and the consequences for the careers of individuals who take it. Professionals define themselves, in part, by their commitment to overtime. The authors reveal how cultural perspectives of the true professional, part-time work, and stereotypes about gender roles can influence both an individual's decision making process and office policy. They show that in an environment where professionals perceive part-time work as deviant, it may require not just perserverance, but also a trade-off between time flexibility and professional status. The authors consider issues ranging from job security and the consequences of new technology, to the economics of part-time work and the division of labor in the family. The Part-time Paradox provides a timely overview of a growing crisis, as part-time and flex-time work arrangements increase.