scholarly journals Globalization as Boundary-Blurring: International and Local Law Firms in China’s Corporate Law Market

2017 ◽  
pp. 231-264 ◽  
Author(s):  
Sida Liu
Keyword(s):  
Author(s):  
Vladimir V. Kozhevnikov ◽  

This research article, as the title suggests, is devoted to the general theoretical problem of the relationship between local legal norms and corporate norms. In the conditional first part of the study, local law norms are analysed, including from a historical perspective. Noting that the problem of local regulation has been the focus of attention of Soviet scientists (N.G. Ale-xandrov, R.I. Kondratyev, S.S. Karinsky, F.M. Leviant, L.I. Antonova), it is emphasized that local acts were originally understood as the result of rulemaking organizations, enterprises, institutions in the field of labour relations. An analysis of modern legal educational literature shows that scientists, when classifying the norms of law, either do not mention the existence of local norms of law at all, or show insufficient attention to their analysis, limiting them-selves to a few phrases. In doing so, authors often unreasonably fail to distinguish between local and departmental legal regulation or local and local legal regulation. Analyzing the types and essential features of local legal acts: their volitional content, intra-organizational character, bylaw nature, dynamism and stability, multiple application, duration of existence, compulsory for the addressees of norms, maintaining by the coercive power of the state, the author rightly states that all local acts arise by direct instruction of law, indicating that on a given issue This assertion is supported by examples of labour law and education law. By focusing on local labour law norms, the necessity of their adoption is justi-fied, and mandatory local law norms are analysed. It is thought that one of the current problems concerning local rules of law is their rela-tionship to corporate rules. It is the fact that many authors unreasonably refer to the norms of individual state organisations, i.e. local norms of law, as corporate norms. The author takes the position that corporate norms are rules of conduct established and provided by non-state organizations (political parties, public organizations, non-state institutions and enterprises, etc.) and apply to their members; they are contained in the statutes, regulations and other regulations of non-state organizations and determine the formation of these organizations, their structure, competence, rights, duties and responsibilities of their members. Moreover, the paper defends the view that corporate norms include, first, non-social cor-porate norms: technical norms; sanitary and hygienic norms; physiological norms; biological norms; second, social corporate norms: corporate customs, traditions, aesthetic, business customs, legal norms. In conclusion, it is argued that, although both local legal norms and corporate norms are intra-organisational in nature, they should be distinguished. Moreover, corporate norms, which have both technical and social aspects, should also be seen as having a legal aspect, implying the presence of corporate law norms.


2018 ◽  
Vol 15 (1) ◽  
pp. 68-87 ◽  
Author(s):  
Richard Collier

AbstractThis paper reframes debates about gender equality in the legal professions by interrogating the practices of men and interconnections between fatherhood, gender and parenting within the specific context of large corporate law firms. Drawing on interviews with male lawyer-fathers, it argues that closer exploration of fatherhood reveals much about the gendered dynamics of identity formation as a legal professional in this sector. A set of ideas about fatherhood, the paper suggests, shape how men's work can define a distinctive gender identity as a ‘family man’ and good lawyer. Political-economic and cultural shifts around fatherhood, however, are reconfiguring and adapting gender relations in law in a number of contradictory ways with implications for understanding the place of men in relation to gender-equality agendas. Ideas about fatherhood, family, work and career, I argue, are mobilised and enmeshed within the reproduction of distinctive law-firm cultures and gendered ideas of organisational commitment. What, in short, might it mean to bebotha ‘good father’ and a ‘good lawyer’?


2019 ◽  
Vol 95 (5) ◽  
pp. 227-246
Author(s):  
Khim Kelly ◽  
Ronit Dinovitzer ◽  
Hugh Gunz ◽  
Sally P Gunz

ABSTRACT This paper examines how the interaction of perceived subjectivity and pay transparency in profit allocation is associated with an important aspect of law partners' professional judgment, namely their tendency to accede to the wishes of their client and fellow partner (labeled hereafter as partner accedence). Based on interviews with 56 corporate law partners working in large Canadian law firms, we find higher partner accedence in a less subjective system than in a more subjective system, but only under no pay transparency. We find that pay transparency (versus no transparency) is associated with increased accedence in a more subjective system, but it is marginally associated with decreased accedence in a less subjective system. In an experiment where we randomly assign MTurk participants to conditions, we replicate the finding that pay transparency (versus no transparency) has a more positive effect on partner accedence as subjectivity level increases. Data Availability: Lawyers participated in the study upon which this paper is based only after signing agreements that strict confidentiality of all data would be maintained by the researchers. As such, we are bound by these confidentiality agreements with individual lawyers interviewed for the study. Experiment data from Amazon Mechanical Turk are available from the authors. JEL Classifications: M12; M40; M52.


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