Showing posts with label dissertations. Show all posts
Showing posts with label dissertations. Show all posts

Thursday, 6 January 2011

Robert Rosen and "Lawyers in Corporate Decisionmaking"

Robert Rosen's wonderful dissertation has been published by Quid Pro Books. Here's the description by the publisher:
The recognized study of the disparate roles that corporate attorneys play in representing and advising their institutional clients. Long passed around and cited by scholars and lawyers as an unpublished manuscript, the book is also accessible to a wide audience and includes inside interviews. Professor Robert Rosen insightfully explores the choices that lawyers, managers and executives make about how lawyers are involved in corporate processes.
In the companies studied, Rosen showed that corporate lawyers were repeatedly intertwined in decisions—beyond those regarding mere legal compliance—ranging from finance to production to sales to returns to litigation. But the how, when and consequences of their involvements varied. The book analyzes these variations. It examines relations between inside and outside counsel and the management of the corporate legal function. It locates them in a taut framework of organization theory and institutional behavior, a frame and application since referenced for its cogency and explanatory power.
The author, now a senior professor at the University of Miami Law School, repeatedly calls on attorneys to understand the organizational context of their work. His book repeatedly calls out attorneys who ill serve their clients because they failed as organizational analysts. It has since been recognized by legal, ethical, and sociological theorists as a rich resource of corporate analysis and the divergent roles that lawyers play.
The groundbreaking research was conducted at six major manufacturing companies as Rosen interviewed a triad of inside counsel, outside counsel and managers who worked on particular problems. This novel method allowed self-serving statements (especially by the lawyers involved) to be checked and placed in realistic context. More important, because it triangulated how the legal problem was understood, the method brought out how the legal task had been structured. The frames that the lawyers, managers and organization imposed on the legal problems varied widely—and the sources and consequences of these variations are detailed and explained.
The book’s latest edition is now available from Quid Pro Books, but the manuscript has already had scholarly impact and praise. For example, the Yale Law Journal noted in 1996 that “Rosen’s important manuscript is widely cited in recent literature on legal professionalism.” It has been cited in articles in the law reviews of Boston University, Indiana-Bloomington, University of Maryland, and Emory, and the Law and Society Review. At bottom, researchers and pundits on corporate theory and lawyers’ roles have already had to account for this telling study, and at last they can readily reference it in a quality published format, in ebook and paperback editions.
My own take on the book is also quoted there:
Rob Rosen’s study of in house counsel is a deft, subtle dissection of a complex world where nothing is as it quite seems. In interviewing in house counsel, outside counsel, and clients, Rosen captures, in a Rashomon-like way, the moral character of lawyers’ work–their choices, their pitches, their claims–by which they justify what they do. We see inside the professional black box.
– John Flood, Professor of Law and Sociology, University of Westminster, London

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Friday, 10 September 2010

Law Publishing is Changing and Moving into the 21st Century



(Thanks to David Restorick)



The Ark Booktower above was part of an exhibition of small spaces at the Victoria and Albert Museum this summer. I especially liked this one which was a booktower, enclosed by books with occasional seats at different levels, so one could stop and browse. If I had one I would never leave it.

I mention this because I have juist been reading an interview with Alan Childress of Tulane Law School in Law Librarian Blog: Part One and Part Two. (And HT to Legal Blog Watch.)

Alan has started a new publishing venture that I've mentioned before, called Quid Pro Books. It's based on publishing primarily in eBook formats (many of them) as well as print when needed. As a long time user of Kindle, Alan could see the benefits for scholars and students in using these formats over print.

Two main lines to his venture are republishing lost classics and bringing PhD dissertations to market quickly. The discussion of Holmes' The Common Law illustrates what Alan is doing:
Joe Hodnicki: That brings us back to your just released corrected and annotated edition of Holmes' The Common Law, which, to remind readers, can be acquired directly from Quid Pro Books and on Amazon in print and Kindle editions.
Alan Childress: I am actually proud of what I did there, and not just did for others. The Annotated Common Law is a new book that I believe will become a standard in every library or prelaw-student’s gift basket. I took a great book and decoded it with some 200 notes. All Holmes’ historians remark what a “difficult” read it is. Not really, if you just explain some basics to readers as they go, like “case” is a writ and what a writ is, or translate Latin and Greek. Some of his speech patterns are quite old but sound like my Southern uncles—in fact my ancestors may have shot Holmes. I think I deciphered him well and I explain legal terms, like chattels and bailments, for nonlawyers. I’m surprised no one did this before. Plus again with the proper footnoting, nice presentation on the page, true page numbers, etc.  Its value in digital is simpler: every previous digital form of the book traced back to a poor scan which left out words from the margins and had him saying modem and docs. Holmes is hard enough without guessing his every eighth word.
And most recently, Alan has published my colleague's, Lisa Webley, book, Adversarialism and Consensus? The Profession's Construction of Solicitor and Family Mediator Identity and Role. I will write about this more anon.

But do read the interview. It's full of interesting titbits as well as informing us about the future of legal publishing.
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