Professional Innovation: Corporate Lawyers and Private Lawmaking

1993 ◽  
Vol 18 (03) ◽  
pp. 423-452 ◽  
Author(s):  
Michael J. Powell

Through an intensive examination of the development and diffusion of a new legal device—the shareholder rights' plan or poison pill—this article demonstrates the entrepreneurial, lawmaking role of corporate lawyers. This study case suggests that corporate lawyers may act as legal entrepreneurs, developing and promoting new legal devices and strategies on behalf of actual and potential clients. If affirmed by the courts, these devices or techniques are rapidly diffused thereby contributing to the creation of new legal knowledge. The creation and successful defense of the shareholder rights' plan led to both new caselaw and statute law. In this way, corporate practitioners contribute to the creation of new legal knowledge, suggesting a bottom-up approach to knowledge creation rather than the conventional top-down view. It is suggested that legal innovations like the shareholder rights' plan are more likely to be developed in newer firms than in established firms and in specialized firms than general service law firms.

2011 ◽  
pp. 1818-1840
Author(s):  
Petter Gottschalk

Law enforcement is of concern to law firms. A law firm can be understood as a social community specializing in the speed and efficiency in the creation and transfer of legal knowledge (Nahapiet & Ghoshal, 1998). Many law firms represent large corporate enterprises, organizations, or entrepreneurs with a need for continuous and specialized legal services that can only be supplied by a team of lawyers. The client is a customer of the firm, rather than a particular lawyer. According to Galanter and Palay (1991, p. 5), relationships with clients tend to be enduring:


Author(s):  
Petter Gottschalk

Law enforcement is of concern to law firms. A law firm can be understood as a social community specializing in the speed and efficiency in the creation and transfer of legal knowledge (Nahapiet & Ghoshal, 1998). Many law firms represent large corporate enterprises, organizations, or entrepreneurs with a need for continuous and specialized legal services that can only be supplied by a team of lawyers. The client is a customer of the firm, rather than a particular lawyer. According to Galanter and Palay (1991, p. 5), relationships with clients tend to be enduring:


2013 ◽  
Vol 38 (01) ◽  
pp. 72-105 ◽  
Author(s):  
Mark Weidemaier ◽  
Robert Scott ◽  
Mitu Gulati

We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. First, we demonstrate that the myths are inaccurate as to both the clause's origin and the role of lawyers in contract drafting. Second, the myths often are unflattering, inaccurately portraying lawyers as engaged in little more than rote copying. We probe this disjuncture between the myths and lawyers' actual practices and explore why contracts origin myths might hold such appeal for this elite segment of the bar.


Organization ◽  
2001 ◽  
Vol 8 (1) ◽  
pp. 97-120 ◽  
Author(s):  
Sue Newell ◽  
Jacky Swan ◽  
Karlheinz Kautz
Keyword(s):  

2019 ◽  
Vol 16 (2) ◽  
pp. 211
Author(s):  
Bruno Costa ◽  
Luis Miguel Lopes Teixeira

A compreensão da atual realidade europeia no contexto da criação artística para o espaço público revela uma pertinência acrescida numa altura em que novos domínios da criação artística conquistam espaço na agenda europeia. Com o desenrolar deste estudo, pretendeu-se verificar e contextualizar uma nova realidade europeia no contexto da promoção e difusão de artistas e espetáculos, com impacto, ainda, ao nível da criação. As novas orientações rumo à perspetiva transnacional levam a uma tendência de criação de redes e parcerias, mas qual o papel das redes? Com recurso à compilação bibliográfica, pretendeu-se reunir as condições necessárias para a compressão do estado da arte e da criação artística para o espaço público.Palavras-chave: Artes de Rua. Artes Performativas. Redes Internacionais.ABSTRACTUnderstanding the current European reality in the field of artistic creation for the public space is becoming more pertinent at a time when new areas of artistic creation are gaining space in the European agenda. With the development of this study, it was intended to verify and contextualize a new European reality in the domains of promotion and diffusion of artists and performances, with impact, at the creation level. The new orientations towards the transnational perspective lead to a trend to create networks and partnerships, but what is the role of networks today? By bibliographical compilation, it was intended to gather the necessary information for the understanding of the state of art from artistic creation to public space.Keywords: Outdoor arts. Performing arts. International networks.


2011 ◽  
pp. 288-318
Author(s):  
Petter Gottschalk

A law firm can be understood as a social community specializing in the speed and efficiency in the creation and transfer of legal knowledge (Nahapiet & Ghoshal, 1998). Many law firms represent large corporate enterprises, organizations, or entrepreneurs with a need for continuous and specialized legal services that can only be supplied by a team of lawyers. The client is a customer of the firm, rather than a particular lawyer. According to Galanter and Palay (1991, p. 5), relationships with clients tend to be enduring: Firms represent large corporate enterprises, organizations, or entrepreneurs with a need for continuous (or recurrent) and specialized legal services that could be supplied only by a team of lawyers. The client ’belongs to’ the firm, not to a particular lawyer. Relations with clients tend to be enduring. Such repeat clients are able to reap benefits from the continuity and economies of scale and scope enjoyed by the firm.


2020 ◽  
Vol 43 ◽  
Author(s):  
Stefen Beeler-Duden ◽  
Meltem Yucel ◽  
Amrisha Vaish

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.


2019 ◽  
Vol 1 (1) ◽  
pp. 21-31 ◽  
Author(s):  
Louis Brunet

This article proposes a model of individual violent radicalisation leading to acts of terrorism. After reviewing the role of group regression and the creation of group psychic apparatus, the article will examine how violent radicalisation, by the reversal of the importance of the superego and the ideal ego, serves to compensate the narcissistic identity suffering by “lone wolf” terrorists.


2019 ◽  
Vol 1 (1) ◽  
pp. 64-83
Author(s):  
Margaret Cameron

The essence of artefacts is typically taken to be their function: they are defined in terms of the goals or aims of the artisans that make them. In this paper, an alternative theory is proposed that emphasizes, via a reconstruction of Aristotle's various comments about the nature of artefacts, the role of the moving, or efficient, cause of artefacts. This account shifts the emphasis to the role played by the investment of expertise into the creation (and subsequent being) of artefacts. It turns out that expertise is prior in being and prior in explanation to the function of artefacts, and thus plays the most fundamental role in the explanation of the ontology of artefacts.


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