Beyond Monopoly

Beyond Monopoly
Author: Terence C. Halliday
Publisher: University of Chicago Press
Total Pages: 420
Release: 1987-09-10
Genre: Law
ISBN: 9780226313894

How do professional associations build their resources and establish authroity? What are the conditions under which professional expertise can be mobilized for political action? If professional organizations are endowed with a wealth of resources, do they use them responsibly or only for economic monopoly? What is the potential scope of professional action today? In this pathbreaking study of the legal profession, Terence Halliday raises and addresses these questions combining extensive data from the rich archives o the Chicago Bar Association, one of the nation's largest and wealthiest bar organizations, with data from a national survey of bar legislative and judicial action. Beyond Monopoly demonstrates that the primary commitment of lawyers to economic monopoly has long been complemented by "civic professionalism" as the legal profession takes on more responsibility in the American democratic system when state capabilities diminish. Through his examination of three types of state crises in the 1950s and 1960s—the challenges to legitimacy in the legal system, the crisis of individual rights during McCarthyism and the civil rights eras, and the fiscal crises of various state governments—Halliday shows that large bar associations can have extensive influence on any institution that is regulated by law. He argues that lawyers have the capability of turning social and political issues into technical legal matters in what he calls an "idiom of legalism." Under technical guise, lawyers come to exercise moral authority. Halliday maintains that the American legal profession over the past century has gone from a formative stage, when controlling its market in the delivery of legal services was paramount, to an established phase in the past two decades, when it has committed extensive resources to the complex needs of the modern state. A de facto bargain has been struck: if the state leaves the profession's monopoly fairly intact, the profession can use its expert resources to help the state adapt to strain and crisis. It can do so not only in the legal system, where it has been championing "autonomous" law, but in other spheres as well—from the economy to the private sphere of individual rights. Halliday confirms that the legal profession deploys its expertise not merely to attain professional dominance, to control a market, or to purvey an ideology, but to increase the viability of democratic institutions. Beyond Monopoly introduces a pioneering approach to a historical and comparative sociology of the professions that will be of vital interest not only to sociologists, but to political scientists and lawyers as well.

The Law and Society Canon

The Law and Society Canon
Author: Carroll Seron
Publisher: Routledge
Total Pages: 518
Release: 2018-02-06
Genre: Social Science
ISBN: 1351125915

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.

Lawyers in Corporate Decision-Making

Lawyers in Corporate Decision-Making
Author: Robert Eli Rosen
Publisher: Quid Pro Books
Total Pages: 286
Release: 2010-11-18
Genre: Law
ISBN: 161027041X

The recognized social-policy study of the disparate roles corporate lawyers play in representing and advising their institutional clients. Long passed around and cited by scholars and lawyers as an unpublished manuscript, the book explores the choices lawyers and executives make about how they are involved in corporate decisions. It is accessible to a wide audience and includes inside interviews.

From Patrician to Professional Elite

From Patrician to Professional Elite
Author: Walter Powell
Publisher: Russell Sage Foundation
Total Pages: 296
Release: 1989-03-31
Genre: Law
ISBN: 1610444558

The Association of the Bar of the City of New York (ABCNY) is no ordinary professional organization. Formed in 1870 and housed in an imposing mid-town edifice, it was the first modern bar association, nationally known for its eminent membership, its reformist stance—and its intimidating selectivity. During much of its history, the ABCNY appeared to be more an upper-class, WASP legal club than an open, collegial association. How did such an organization fare in the face of post-war pressures for inclusiveness? From Patrician to Professional Elite offers a rare view of the internal dynamics of an institution adapting to a changed environment. The ABCNY maintained its elite identity by adopting a meritocratic organizational model in place of a class-based model. By shedding its overt exclusivity, the ABCNY asserted its legitimacy; by embracing an "open elite" or meritocratic model, the associate retained its high standing and relative homogeneity. In fact, the ABCNY today is dominated by the same functional group of lawyers as before, the corporate legal elite. This fascinating study of organizational change prompts a re-examination of fundamental questions about the class basis of modern professionalism and the dominance of elites within professions, in addition to illuminating the larger question of the role of elite institutions in democratic societies.

American Judicial Process

American Judicial Process
Author: Pamela C. Corley
Publisher: Routledge
Total Pages: 666
Release: 2015-09-25
Genre: Political Science
ISBN: 113628656X

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Lawyers and the Legal Profession

Lawyers and the Legal Profession
Author: Tanina Rostain
Publisher: Routledge
Total Pages: 474
Release: 2008
Genre: Lawyers
ISBN:

These two volumes collect groundbreaking socio-legal research on lawyers and the legal profession. Studies in this area exhibit enormous diversity in the questions they pursue, the methodologies they adopt, and the spheres of professional activity they investigate. They are, however, all animated by an underlying preoccupation with the problem of professional power. During the last forty years, sociolegal scholarship on the legal profession has focused on the varied sites of organized and daily professional activity to investigate how power is produced, legitimated, and deployed by lawyers, and contested by competitors, clients, state actors, and third parties. The articles and essays collected in these volumes illuminate the varied dimensions of lawyers' power.

American Lawyers

American Lawyers
Author: Richard L. Abel
Publisher: Oxford University Press, USA
Total Pages: 423
Release: 1989
Genre: Lawyers
ISBN: 0195072634

This comprehensive picture of the contemporary American legal profession traces its development over the last hundred years. Abel examines a variety of topics including the nature and effect of entry barriers, the rise and fall of restrictive practices, efforts to create demand for lawyers' services, self-regulation, the income and status of lawyers, the growth of public and private employment, the displacement of solo and small firms, and the allocation of lawyers to roles.

Too Many Lawyers?

Too Many Lawyers?
Author: Eyal Katvan
Publisher: Routledge
Total Pages: 404
Release: 2018-10-26
Genre: Law
ISBN: 1315449781

The topic of "too many lawyers" is timely. The future make up and performance of the legal profession is in contest. What do we mean by "too many"? Is there a surplus of lawyers and what sort of lawyers are and will be needed? How best can we discern this? This book, is composed of scholarly articles presented at the Onati International Institute for the Sociology of Law (Spain), by some of the best researchers in the field, aims to answer these questions. This collection, with an introduction by Prof. Richard L. Abel, addresses methodological, normative and policy questions regarding the number of lawyers in particular countries and worldwide, while connecting this phenomenon to political, social, economic, historical, cultural and comparative contexts. This makes this book a source of interest to lawyers, law students, academic and policy makers as well as the discerning public. This book was previously published as a special issue of the International Journal of the Legal Profession.