This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to justice while stimulating demand for services, and their efforts to regulate themselves while forestalling external control. Data on income and status illuminate the success of these efforts. Charting the dramatic transformation of the profession over the last two decades, Abel documents the growing number and importance of lawyers employed outside private practice (in business and government, as judges and teachers) and the displacement of corporate clients they serve. Noting the complexity of matching ever more diverse entrants with more stratified roles, he depicts the mechanism that law schools and employers have created to allocate graduates to jobs and socialize them within their new environments. Abel concludes with critical reflections on possible and desirable futures for the legal profession.
The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.
A far-reaching transformation is taking place in the US in the relationship between employers and employees. The lessons learned from Japan and from "best practice" companies like IBM about how job security, training, and internal development can improve employee commitment and performance have given way to a new set of lessons about how companies can redue fixed costs, increase flexibility, and improve performance by eliminating the elaborate employment systems that prepared employees for long careers in the company. Where the old arrangement protected employees from outside market forces, the new ones drag the market right back in through downsizing, contingent workforces, hiring on the outside for new skills, and compensation contingent on overall organizational performance. New work systems that reengineer processes and empower employees "flatten" the organizational chart, cutting management jobs in particular and reducing opportunities for career development. The new arrangements shift many of the risks of business from the firm to the employees and make employees, rather than employers, responsible for developing their own skills and careers. They also increase the demands placed on workers while reducing what they receive back for their efforts. While morale is down and stress is up, employee performance seems to be rising largely because of fear driven by the shortage of good jobs. Change at Work explores the theme that employees have paid the price for the widespread restructuring of American firms as illustrated by reduced security, greater effort and hours, and reduced morale. In this important study--commissioned by the National Planning Asociation's Committee on New American Realities--the authors consider how individuals and employers need to adapt to the new arrangements as well as the implicatioons for important policy issues such as how skills will be developed where the attachment to the firms is sharply reduced. The future is uncertain, but the authors argue that the traditional relationship between employer and employee will continue to erode, making this work essential reading for managers concerned with the profound impact corporate restructuring has had on the lives of workers.
Reproduces documents from the Earl Warren Papers in the Manuscript Division of the Library of Congress, Washington, D.C., spanning the years of Warren's tenure from his appointment in 1953 as Chief Justice to his death in 1974.
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