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In the Interests of Justice
Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment ...
Bar Codes
Bar Codes examines women lawyers' attempts to reconcile their professional obligations with other aspects of their lives. It charts the life courses of women who constitute a first wave -- an avant-garde -- in a profession designed by men, for men, where formal codes of conduct and subtle cultural norms promote masculine values. A thorough analysis of women’s encounters with this culture provides some answers and raises more questions about the kinds of stresses that have become extreme in the lives of many Canadian women. This book adds to mounting evidence of marked gender differences in opportunities for advancement, demonstrating that many men still enjoy freedom from domestic responsibilities while women continue to face multiple barriers in their quest for career success. As this study shows, change is under way in the legal profession and women can succeed in reaching high levels within it, but the law remains, in many ways, a masculine institution.
Courts, Justice, and Efficiency
This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies a...
Poor Discipline
Reveals how modern strategies of punishment - and their failure - relate to political and economic transformations in society at large. The author uses the practice of parole in California as a window to the changing historical understanding of what a corrections system does and how it works.
The Making of Lawyers' Careers
"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. The...
Societal Agents in Law
In this two-volume set, Larry D. Barnett delves into the macrosociological sources of law concerned with society-important social activities in a structurally complex, democratically governed nation. Barnett explores why, when, and where particular proscriptions and prescriptions of law on key social activities arise, persist, and change. The first volume, Societal Agents in Law: A Macrosociological Approach, puts relevant doctrines of law into a macrosociological framework, uses the findings of quantitative research to formulate theorems that identify the impact of several society-level agents on doctrines of law, and takes the reader through a number of case analyses. The second volume, Societal Agents in Law: Quantitative Research, reports original multivariate statistical studies of sociological determinants of law on specific types of key social activities. Taken together, the two volumes offer an alternative to the almost-total monopoly of theory and descriptive scholarship in the macrosociology of law, comparative law, and history of law, and underscore the value of a mixed empirical/theoretical approach.
