The Three and a Half Minute Transaction

Author: Mitu Gulati
Publisher: University of Chicago Press
ISBN: 9780226924380
Release Date: 2012-11-29
Genre: Law

Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign—for one of the first times in the market’s centuries-long history—to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of the “stickiness” of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.

Invitation to Law and Society Second Edition

Author: Kitty Calavita
Publisher: University of Chicago Press
ISBN: 9780226296616
Release Date: 2016-04-11
Genre: Social Science

Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement.

Contractual Knowledge

Author: Grégoire Mallard
Publisher: Cambridge University Press
ISBN: 9781107130913
Release Date: 2016-05-23
Genre: Business & Economics

This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.

Pulled Over

Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 9780226114040
Release Date: 2014-04-04
Genre: Law

In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as “aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.

Working Law

Author: Lauren B. Edelman
Publisher: University of Chicago Press
ISBN: 9780226400938
Release Date: 2016-11-28
Genre: Social Science

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

Policing Immigrants

Author: Doris Marie Provine
Publisher: University of Chicago Press
ISBN: 9780226363219
Release Date: 2016-06-14
Genre: Political Science

The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.

The Seductions of Quantification

Author: Sally Engle Merry
Publisher: University of Chicago Press
ISBN: 9780226261317
Release Date: 2016-06-10
Genre: Social Science

We live in a world where seemingly everything can be measured. We rely on indicators to translate social phenomena into simple, quantified terms, which in turn can be used to guide individuals, organizations, and governments in establishing policy. Yet counting things requires finding a way to make them comparable. And in the process of translating the confusion of social life into neat categories, we inevitably strip it of context and meaning—and risk hiding or distorting as much as we reveal. With The Seductions of Quantification, leading legal anthropologist Sally Engle Merry investigates the techniques by which information is gathered and analyzed in the production of global indicators on human rights, gender violence, and sex trafficking. Although such numbers convey an aura of objective truth and scientific validity, Merry argues persuasively that measurement systems constitute a form of power by incorporating theories about social change in their design but rarely explicitly acknowledging them. For instance, the US State Department’s Trafficking in Persons Report, which ranks countries in terms of their compliance with antitrafficking activities, assumes that prosecuting traffickers as criminals is an effective corrective strategy—overlooking cultures where women and children are frequently sold by their own families. As Merry shows, indicators are indeed seductive in their promise of providing concrete knowledge about how the world works, but they are implemented most successfully when paired with context-rich qualitative accounts grounded in local knowledge.

Building the Prison State

Author: Heather Schoenfeld
Publisher: University of Chicago Press
ISBN: 9780226521152
Release Date: 2018-02-19
Genre: Law

The United States incarcerates more people per capita than any other industrialized nation in the world—about 1 in 100 adults, or more than 2 million people—while national spending on prisons has catapulted 400 percent. Given the vast racial disparities in incarceration, the prison system also reinforces race and class divisions. How and why did we become the world’s leading jailer? And what can we, as a society, do about it? Reframing the story of mass incarceration, Heather Schoenfeld illustrates how the unfinished task of full equality for African Americans led to a series of policy choices that expanded the government’s power to punish, even as they were designed to protect individuals from arbitrary state violence. Examining civil rights protests, prison condition lawsuits, sentencing reforms, the War on Drugs, and the rise of conservative Tea Party politics, Schoenfeld explains why politicians veered from skepticism of prisons to an embrace of incarceration as the appropriate response to crime. To reduce the number of people behind bars, Schoenfeld argues that we must transform the political incentives for imprisonment and develop a new ideological basis for punishment.

The Indian Legal Profession in the Age of Globalization

Author: David B. Wilkins
Publisher: Cambridge University Press
ISBN: 9781108211024
Release Date: 2017-05-31
Genre: Law

This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.

Regulatory Transformations

Author: Bettina Lange
Publisher: Bloomsbury Publishing
ISBN: 9781782255444
Release Date: 2015-09-10
Genre: Law

The issue of whether transnational risk can be regulated through a social sphere goes to the heart of what John Ruggie has described as 'embedded liberalism': how capitalist countries have reconciled markets with the social community that markets require to survive and thrive. This collection, located in the wider debates about global capitalism and its regulation, tackles the challenge of finding a way forward for regulation. It rejects the old divisions of state and market, citizens and consumers, social movements and transnational corporations, as well as 'economic' and 'social' regulation. Instead this rich, multidisciplinary collection engages with a critical theme-the idea of harnessing the regulatory capacity of a social sphere by recognising the embeddedness of economic transactions within a social and political landscape. This collection therefore explores how social norms, practices, actors and institutions frame economic transactions, and thereby regulate risks generated by and for business, state and citizens. A key strength of this book is its integration of three distinct areas of scholarship: Karl Polanyi's economic sociology, regulation studies and socio-legal studies of transnational hazards. The collection is distinct in that it links the study of specific transnational risk regulatory regimes back to a social?theoretical discussion about economy?society interactions, informed by Polanyi's work. Each of the chapters addresses the way in which economics, as well as economic and social regulation, can never be understood separately from the social, particularly in the transnational context. Endorsement 'This thought-provoking collection asks the most critical question of our time ? how to civilise markets through social accountability and political action. The climate and financial crises we face show how crucial this challenge is. Lange, Haines and Thomas have put together a series of fruitful case studies of the possibilities for embedding economic relationships in social relationships by a series of top-class researchers within their own illuminating and sensitive framing of the issue'. Professor Christine Parker, Professor of Regulatory Studies at Monash University.

The Dignity of Commerce

Author: Nathan B. Oman
Publisher: University of Chicago Press
ISBN: 9780226415666
Release Date: 2017-01-19
Genre: Law

Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.

The Circle

Author: Dave Eggers
Publisher: Vintage
ISBN: 9780385351409
Release Date: 2013-10-08
Genre: Fiction

Now a Major Motion Picture starring Emma Watson and Tom Hanks. A bestselling dystopian novel that tackles surveillance, privacy and the frightening intrusions of technology in our lives. When Mae Holland is hired to work for the Circle, the world’s most powerful internet company, she feels she’s been given the opportunity of a lifetime. The Circle, run out of a sprawling California campus, links users’ personal emails, social media, banking, and purchasing with their universal operating system, resulting in one online identity and a new age of civility and transparency. As Mae tours the open-plan office spaces, the towering glass dining facilities, the cozy dorms for those who spend nights at work, she is thrilled with the company’s modernity and activity. There are parties that last through the night, there are famous musicians playing on the lawn, there are athletic activities and clubs and brunches, and even an aquarium of rare fish retrieved from the Marianas Trench by the CEO. Mae can’t believe her luck, her great fortune to work for the most influential company in the world—even as life beyond the campus grows distant, even as a strange encounter with a colleague leaves her shaken, even as her role at the Circle becomes increasingly public. What begins as the captivating story of one woman’s ambition and idealism soon becomes a heart-racing novel of suspense, raising questions about memory, history, privacy, democracy, and the limits of human knowledge.

The Commercial Real Estate Revolution

Author: Rex Miller
Publisher: John Wiley & Sons
ISBN: 0470523700
Release Date: 2009-07-08
Genre: Business & Economics

As it currently operates, the commercial real estate construction industry is a disaster full of built-in waste. Seventy-percent of all projects end over budget and late. The buildingSMART Alliance estimates that up to fifty-percent of the process is consumed in waste. Almost every project includes massive hidden taxes in the form of delays, cost overruns, poor quality, and work that has to be redone. Building new structures is a fragmented, adversarial process that commonly results in dissatisfied customers and frequently ends in disappointment, bitterness, and even litigation. The industry must change—for its own good and that of its customers. But while the industry has tried to reform itself, it can’t do it alone. Real change can only come from business owners and executives who refuse to continue paying for a dysfunctional system and demand a new way of doing business. The Commercial Real Estate Revolution is a bold manifesto for change from the Mindshift consortium—a group of top commercial real estate industry leaders who are fed up with a system that simply doesn’t work. The book explains how business leaders can implement nine principles for any project that will dramatically cut costs, end delays, create better buildings, and force the industry into real reform. The Commercial Real Estate Revolution offers a radically new way of doing business—a beginning-to-end, trust-based methodology that transforms the building process from top to bottom. Based on unifying principles and a common framework that meets the needs of all stakeholders, this new system can reform and remake commercial construction into an industry we’re proud to be a part of. If you’re one of the millions of hardcore cynics who work in commercial construction, you probably think this sounds like pie in the sky. But this is no magic bullet; it’s a call for real reform. If you’re an industry professional who’s sick of letting down clients or an owner who’s sick of cost overruns and endless delays, The Commercial Real Estate Revolution offers a blueprint for fixing a broken industry.

Drive

Author: Daniel H. Pink
Publisher: Penguin
ISBN: 1101524383
Release Date: 2011-04-05
Genre: Business & Economics

Forget everything you thought you knew about how to motivate people—at work, at school, at home. It's wrong. As Daniel H. Pink (author of To Sell Is Human: The Surprising Truth About Motivating Others) explains in his paradigm-shattering book Drive, the secret to high performance and satisfaction in today's world is the deeply human need to direct our own lives, to learn and create new things, and to do better by ourselves and our world. Drawing on four decades of scientific research on human motivation, Pink exposes the mismatch between what science knows and what business does—and how that affects every aspect of our lives. He demonstrates that while the old-fashioned carrot-and-stick approach worked successfully in the 20th century, it's precisely the wrong way to motivate people for today's challenges. In Drive, he reveals the three elements of true motivation: *Autonomy—the desire to direct our own lives *Mastery—the urge to get better and better at something that matters *Purpose—the yearning to do what we do in the service of something larger than ourselves Along the way, he takes us to companies that are enlisting new approaches to motivation and introduces us to the scientists and entrepreneurs who are pointing a bold way forward. Drive is bursting with big ideas—the rare book that will change how you think and transform how you live.

The Public Relations Writer s Handbook

Author: Merry Aronson
Publisher: John Wiley & Sons
ISBN: 9781118041079
Release Date: 2010-12-28
Genre: Business & Economics

The second edition of the Public Relations Writer’s Handbook offers a simple, step-by-step approach to creating a wide range of writing, from basic news releases, pitch letters, biographies, and media alerts, to more complex and sophisticated speeches, media campaign proposals, crisis responses, and in-house publications. In addition, the thoroughly expanded and updated second edition shows how to keep up with the best practices of the public relations profession, as well as with the speed made possible and required by the digital age.