With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.
How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II. Based on more than 300 extensive interviews with major players in governments, foundations, law firms, universities, and think tanks, Dezalay and Garth examine both the production of northern exports such as neoliberal economics and international human rights law and the ways they are received south of the United States. They find that the content of what is exported and how it fares are profoundly shaped by domestic struggles for power and influence—"palace wars"—in the nations involved. For instance, challenges to the eastern intellectual establishment influenced the Reagan-era export of University of Chicago-style neoliberal economics to Chile, where it enjoyed a warm reception from Pinochet and his allies because they could use it to discredit the previous regime. Innovative and sophisticated, The Internationalization of Palace Wars offers much needed concrete information about the transnational processes that shape our world.
How do hierarchies of race, class, gender, and law school status condition the career trajectories of lawyers? And how do individual lawyers strategically navigate the constraints and opportunities of their environments? Where do they find professional satisfaction? This book offers an unprecedented account of opportunity structures and social stratification within the early 21st century American legal profession, combining unique longitudinal survey data with interviews, storytelling, and insights from social theory. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also conducted in-depth interviews with more than 200 lawyers. They contextualize their findings through attention to the features of a market-driven legal profession, in particular the growth in recent decades of the private sector relative to the public sector and corresponding disparities in earnings and status between these different segments. The analysis in this book reveals a legal profession that is highly stratified. Although individual lawyers exercise agency and often find satisfaction in their work, there are deep divisions within the profession by client type and practice setting, and women and attorneys of color face discrimination and persistent barriers to advancement. The careers of lawyers both reflect and reproduce inequalities in law and society writ large"--
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
In recent years, international business disputes have increasingly been resolved through private arbitration. This book details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.
More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.
Introduction : Legal revolutions, cosmopolitan legal elites, and interconnected histories -- Learned law, legal education, social capital, and states : European Geneses of these relationships and the enduring role of family capital -- Legal hybrids, corporate law firms, the Langdellian Revolution in legal education, and the Construction of a U.S.-oriented international justice through an alliance of U.S. corporate lawyers with European professors -- Social and neo-liberal revolutions in the United States -- India : an embattled senior bar, the marginalization of legal knowledge, and an internationalized challenge -- Hong Kong as a paradigm case : an open market for corporate law firms and the technologies of legal education reform as Chinese hegemony grows -- South Korea and Japan : contrasting attacks through legal education reform on the traditional conservative and insular bar -- Legal education, international strategies, and rebuilding the value of legal capital in China / coauthored with Zhizhou Wang -- Conclusion : Combining social capital with learned capital: competing on different imperial paths.
How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II. Based on more than 300 extensive interviews with major players in governments, foundations, law firms, universities, and think tanks, Dezalay and Garth examine both the production of northern exports such as neoliberal economics and international human rights law and the ways they are received south of the United States. They find that the content of what is exported and how it fares are profoundly shaped by domestic struggles for power and influence—"palace wars"—in the nations involved. For instance, challenges to the eastern intellectual establishment influenced the Reagan-era export of University of Chicago-style neoliberal economics to Chile, where it enjoyed a warm reception from Pinochet and his allies because they could use it to discredit the previous regime. Innovative and sophisticated, The Internationalization of Palace Wars offers much needed concrete information about the transnational processes that shape our world.
How do hierarchies of race, class, gender, and law school status condition the career trajectories of lawyers? And how do individual lawyers strategically navigate the constraints and opportunities of their environments? Where do they find professional satisfaction? This book offers an unprecedented account of opportunity structures and social stratification within the early 21st century American legal profession, combining unique longitudinal survey data with interviews, storytelling, and insights from social theory. Starting in 2000, the authors collected over 10,000 survey responses from more than 5,000 lawyers, following these lawyers through the first twenty years of their careers. They also conducted in-depth interviews with more than 200 lawyers. They contextualize their findings through attention to the features of a market-driven legal profession, in particular the growth in recent decades of the private sector relative to the public sector and corresponding disparities in earnings and status between these different segments. The analysis in this book reveals a legal profession that is highly stratified. Although individual lawyers exercise agency and often find satisfaction in their work, there are deep divisions within the profession by client type and practice setting, and women and attorneys of color face discrimination and persistent barriers to advancement. The careers of lawyers both reflect and reproduce inequalities in law and society writ large"--
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