Guardians at the Gate: The Backgrounds, Career Paths, and Professional Development of Private US Immigration Lawyers

This article presents findings from a qualitative study of seventy-one New York immigration lawyers who are engaged in private practice. It focuses on the lawyers' backgrounds, career paths, and early professional training and describes, inter alia, the unusual diversity of this bar, the lawyers' reasons for practicing immigration law, the ways in which they learn to practice law, and the strong sense of community within the private immigration bar. It uses the idea of communities of practice to help understand how lawyers learn from their colleagues and are influenced by them. The article identifies several factors that may contribute to the supportiveness of the bar and the strong sense of community within that practice specialty, notwithstanding its great diversity. It concludes by making some preliminary comparisons between immigration lawyers and lawyers in other practice specialties and by identifying some questions for future study.     

High performers are not superheroes: bridging exclusive and inclusive talent management approaches for law firm sustainability

This paper elucidates findings in relation to bridging exclusive and inclusive approaches to talent management at law firms that could promote the revision of the up-or-out career model. We explore the competencies required for career success, and we describe high-performing lawyers and their peers’ profiles. We surveyed 358 lawyers and stakeholders of the lawyering role in 12 European and Latin American countries. The stakeholders noted that high performance in an array of competencies is necessary for a lawyer’s career success, but they still valued legal skills the most. Debunking the superhero myth, we argue that high performers have a narrow focus on legal skills as the driver for innovative solutions for clients, but lack strength in interpersonal competencies. In contrast, their peers have more adaptable mindsets and are more relational and focused on quality. Rather than challenging the up-or-out career model, which overvalues the role of high performers, we propose that the talent management exclusive approach is a good fit, and therefore promotes only a minimum of change. For talent management that ensures business sustainability, we support a more inclusive approach linked with strategic talent mapping and assessments that use several competency profiles and present several possible career paths.     

我的学术之路与中国社会科学的发展——在受聘西南政法大学名誉教授晚会上的致辞

2004年3月22日,西南政法大学聘任邓正来先生为其名誉教授。受聘仪式上,邓正来先生作了题为《我的学术之路与中国社会科学的发展》的精彩演讲。邓正来先生的即兴演讲已经不能仅仅被理解为一般的致辞,相信每位从事社会科学研究的学者对其学术意义都会形成共识。该演讲实际是按“西南法学论坛”的形式进行,所以“坛规”设置了佳宾点评。需要说明的是,龙宗智校长和付子堂副校长代表学校所作的颁发聘书讲话实际上是在邓正来先生的演讲之前,但为了方便起见,均置于讲演之后。但龙宗智校长的另一部分点评又是在邓正来先生的演讲之后所作的,所以分为两段。     

“Shifting the stuff wasn’t any bother”: Illicit enterprise, tobacco bootlegging and deconstructing the British government’s cigarette smuggling discourse

This paper presents the results of interactions/interviews with an active tobacco bootlegger regarding his illicit entrepreneurial activity spanning his illegal career. This narrative is intended to portray a snapshot of a type of organised criminality within an illicit market place but seeks to add to the critical academic literature responding to State-led depictions of organised crime as an apocalyptic menace. The results of the fieldwork suggest that illicit market enterprise in this context is neither threatening nor predatory, is very ordinary and, crucially, is driven by insatiable consumer demand within local trading networks.     

Professional Divestiture: The Cession of Responsibility for Lawyer Discipline

Lawyer-discipline systems underwent substantial reorganization in a majority of states during the 1970s, with responsibility for their operation moving from the bar associations in which they had been located for almost a century to agencies of the state supreme courts. While this transfer of the locus of lawyer discipline resulted in a diminution of the power of the organized bar, it encouraged the professionalization of the process. In this paper the reasons for the willingness of the bar associations in Illinois to cede control over such a central component of professional regulation are examined and their implications for the sociology of the legal profession discussed. Unable to maintain the status quo in the face of extensive criticism, the Illinois bar associations chose not to meet the high costs of upgrading the discipline process but rather to divest themselves of a function that, although at one time central to their identity and authority, had become inconvenient and damaging to their image. It is suggested that the bar associations were willing to countenance such a divestiture because their positions as collective representatives of the profession in Illinois were secure and the major parameters of lawyer discipline well established. Whereas immediate control over self-regulation processes may be necessary during the developmental phase of professionalism, it is not so important once the profession has achieved a dominant market position.     

Remuneration of a trustee

After having obtained a decree of divorce in default of appearance,the wife of a German national, Franz Wilhelm Kohlrautz, whohad retired after a successful career as an offshore investmentadviser, appointed a receiver to obtain possession of the matrimonialproperty. This property was alleged by the wife to include substantialassets held by companies in various parts of the world. Mr Kohlrautz,on the other hand, said he had no beneficial interest in theseassets and they belonged to clients or third parties. Marevainjunctions, Anton Piller orders and proceedings in the UnitedStates, Switzerland, Germany, Liechtenstein, England, Jerseyand The Bahamas, sought to obtain possession of this property. Mr Kohlrautz found a friend in Dr Diedrichs-Shurland, anotherGerman also living in The Bahamas, and her husband, Mr KemuelShurland, a criminal lawyer. They offered to     

The forensic anthropology legacy of T. Dale Stewart (1901-1997)

T. Dale Stewart (1901-1997) began his Smithsonian career as a temporary aide to Ales Hrdlicka (1869-1943) in 1924. At the time of his death in 1997, he was regarded world-wide as an authority who led the professional development of American forensic anthropology. He was a prodigious researcher, best known for his meticulous attention to detail, balanced scientific judgment, keen sense of research design, and ability for synthesis. Stewart's publications, extensive casework for the FBI and others, his court testimony, publications, professional contacts, and organizational activity merit him a prominent place in the history of American forensic anthropology.     

富国强兵之路的可贵探索——冯桂芬《校邠庐抗议》读后

冯桂芬是中国近代史上开风气之先的思想家之一，《校■庐抗议》一书是他的代表作。书中对改革清朝弊政，采取西学，以达富国强兵之路，做了可贵的探索。本文除对这两个方面做了较为深刻的分析外，还指出了冯桂芬的思想对于洋务派、维新派都有着重要的影响，他所提出的学习西方的目的在于“驾而上之”，其立脚点在于自强。这是很有借鉴意义的。     

T. Dale Stewart's perspective on his career as a forensic anthropologist at the Smithsonian

T. D. Stewart (1901-1997) is internationally recognized as an early leader in forensic anthropology. In a series of taped interviews in 1975 and in 1986, Stewart discusses his professional development. The interviews document his early education in Delta, Pennsylvania, his long career at the Smithsonian Institution in Washington, DC and aspects of his many contributions to forensic anthropology. His well-known careful editorial work and exhaustive, problem-oriented research approach may have been influenced by his early training in his hometown bank and his many years of apprenticeship under Ales Hrdlicka (1869-1943). Stewart describes aspects of the difficulties of working for Hrdlicka, yet credits the work ethic established by him as a formative factor in his own prodigious productivity.     

The British Police Experience

[Editor's note] The following is the text Sir Eric St. Johnston delivered before the members of the Wichita Crime Commission at their 24th Annual dinner meeting on October 19, 1977. Sir Eric St. Johnston is formerly of the Chief of Scotland Yard and Chief Inspector of Constabulary for England and Wales. Among others, he is a Knight of the Order of the Thistle, holder of the Commander Order of the British Empire, the Queen's Police Medal and the French Legion of Honour and Croix de Guerre. In his text, Sir Eric mentions various similarities and and dissimilarities regarding the police practices of two countries. He is of the opinion that there are a great deal of advantages in a centralized police system as contrasted to the American counterpart. This statement is similar to the Editor's assertion made some ten years ago. [Re: “Police Reorganization As A Deterrent to Crime,” Police, Vol. 12, No. 14, March-April, 1978, pp. 73–79. See also Crime and Delinquency Abstracts, Vol. 16, National Clearinghouse for Mental Health Information of the U.S. Department of HEW, Public Service, 1969, p. 589] Readers will find Sir Eric's text not only timely, stimulating and provocative, but also insightful through his comparison of his long career in English police with that of the United States' police. Certainly his remarks provide police planners and policy makers with what should be most pressing needs for combating the ever-increasing crime in England, the United States, and the world as a whole. The permission to reprint was obtained from Sir Eric by the Editor personally. The Editor wishes to take this opportunity to thank Mr. Maurice W. Corcoran, Managing Director, and his colleagues Mr. Will G. Price, Jr., President; Mr. Jay W. Swanson, Chairman of the Board; Mr. J. A. Mull, Jr., Past President; and Mr. William L. Connelly, Chairman, Annual Dinner Committee; all of the Wichita Crime Commission for their efforts and cooperation.     

Business, State, and Community: 'Responsible Risk Takers', New Labour, and the Governance of Corporate Business

In December 1998, Peter Mandelson MP, one of the principal architects of the Labour Party's victory in the May 1997 general election, dramatically resigned as Secretary of State for Trade and Industry. Nevertheless, despite his relatively brief period in that office, Mr. Mandelson left his imprint on policy through the publication in November 1998 of a major White Paper, 'Our Competitive Future: Building the Knowledge Driven Economy'. The White Paper sets out the New Labour analysis of the national political economy in a globalized world economy and is very much influenced by Mr. Mandelson's experience of the entrepreneurial spirit during his fact-finding visit to the United States of America. This article seeks to chart the relationship between New Labour's desire to foster the development of the corporate sector within a vibrant entrepreneurial culture and the need to ensure that the integrity of the market is preserved in an arena which is seen as inimicable to strong regulatory intervention by the state. As well as mapping New Labour's political rhetoric onto contemporary debates in corporate governance, the analysis will involve an examination of the interface between business practice and morality. In particular, the article will focus upon the role of the conception of company directors as 'responsible risk takers' and the upon the use of name-and-shame sanctions in the development of an entrepreneurial culture in which all corporate enterprises are seen as having a legitimate societal 'licence to operate'.     

关于构建医学生法律思维模式之必要性研究

在今年的＂声音·责任＂两会代表委员座谈会上,代表委员们又一次将＂医患关系＂推上了风口浪尖。如何处理好＂医患关系＂不是单方面医务工作者的问题,但是不可否认的是医务工作者在处理医患关系中处于关键地位。追根溯源,思维决定行为。医学院校应构建医学生在未来执业领域中的法律思维模式,以便使其在将来的执业生涯中自觉践行相关法律行为。     

"My'Partner'in Law and Life": Marriage in the Lives of Women Lawyers in Late 19th and Early 20th Century America

This essay examines the ways in which women lawyers of two generation–the pioneer generation of the 1880s and the "new woman" generation of the 1910s–confronted the dilemma of marriage and career. Members of the Equity Club in the 1880s revealed three distinct sets of attitudes toward balancing marriage and career: the separatist approach that a professional woman must remain single; the Victorian attitude that a married woman must sacrifice her career; and the integrated approach that a woman could have both marriage and career. Women lawyers surveyed by the Bureau of Vocational Information in 1920 revealed that the "new woman" generation of women lawyers lived in an era of transition. While they shared the same separatist, Victorian, and integrated views toward marriage and law practice as did women lawyers in the 1880s, they also embraced the new values of the early 20th century which shaped both the contours of the legal profession and the parameters of women's lives. Set within the context of the new values of the era, the separatist, Victorian, and integrated approaches to resolving the dilemma of marriage and career, which were originally formulated by women lawyers in the late 19th century, assumed new meanings for women lawyers in the early 20th century.     

The Idiom of Legalism in Bar Politics: Lawyers, McCarthyism, and the Civil Rights Era

This paper considers the political role of the organized bar from three perspectives: the historical question of the stance taken by bar associations during the major civil rights debates of the post-World War II period; the sociological question of the extent to which legal associations can act collectively on highly contentious political issues; and the legal question concerning the implications of legal formalism for the politics of the bar. Contrary to the belief that legalism is an inherently conservative means of justifying professional inaction on fundamental issues, the paper argues that in fact legalism may well be the most important basis of intra-professional consensus on those issues as well as the most powerful means by which the profession can influence state and national governments. Legalism can be understood as a common professional idiom which allows mobilization on divisive issues. It can be used in support of both liberal and conservative causes. In this sense, within certain limits, legalism is neutral–an expedient which enables the profession to act politically in circumstances which otherwise would effectively immobilize its collegial associations.     

Prestige,Networks, and Social Mobility Among Lawyers: A View from California of Woeste's book,Henry Ford's War on Jews and the Legal Battle Against Hate Speech

Woeste, Victoria Saker. 2012 . Henry Ford's War on Jews and the Legal Battle Against Hate Speech . Stanford, CA.: Stanford University Press. Pp. 424. $48.95 cloth; $24.95 paper; $24.95 e‐book. In Henry Ford's War on Jews and the Legal Battle Against Hate Speech (2012), Victoria Saker Woeste raises provocative questions for students of the legal profession. Aaron Sapiro, an Eastern European, Jewish immigrant to California, rose to international prominence through his corporate specialization in agricultural cooperatives. Our understanding of the social structure of the legal profession, based on studies of the East and Midwest, shows that for most of the twentieth century, the structure of the bar was highly stratified around markers of ethno‐religious status. The trajectory of Sapiro's career does not fit this story. A focus on the West generally or California in particular complicates our understanding of how factors such as ethno‐religious background, social networks, career mobility, and prestige interact.     

宪政:中国的困境与出路——梁漱溟宪政思想研究

本文述介梁漱溟先生关于宪法与宪政的基本看法 ,特别是他从不同人文类型的观照中对于中国模仿、移植西方宪政的困境的分析 ,有关中国走向宪政之路的思虑 ,同时并述及各种政治力量对此所作的反应 ,指出在中国近代百年宪政思潮中 ,梁漱溟宪政思想的特立卓越处。     

Fredrick Siebert's Absolute,Adjustable First Amendment

Fredrick Siebert is known for his analysis of the role of "stresses" in shaping freedom of expression. How flexible did he think First Amendment rights should be? His career and writings are examined to identify his positions and to understand how they may have been formed. Siebert believed that the founders were absolutists on government restraints, and he questioned subsequent efforts to define liberties in other ways. Like a scholar who influenced his career, Willard Bleyer, Siebert was a prominent journalism educator who could be a critic of the media. While Bleyer complained about communication monopolies and called for self-regulation, Siebert generally took a libertarian approach. He wanted protection for the business interests of the press and few, if any, government restrictions on content.     

Reelection and Legislative Power: Surprising Results from Brazil

A diverse and growing literature ties legislative professionalization and power to career paths. In particular, higher rates of reelection and longer legislative careers should produce more professional, competent, and high‐quality legislatures. Legislators have more incentives to strengthen their own institution when they intend to remain there for a long career. Using data from the most recent constitutional convention in Brazil, we show that legislators with greater prospects for long careers were actually less likely to support strengthening the legislative branch. We explain this as part of a local equilibrium where career legislators’ short‐term need for pork trumped their long‐term interest in a stronger institution.     

Submissive Lobby Fodder or Assertive Political Actors? Party Loyalty of Career Politicians in the UK House of Commons, 2005–15

Are career politician members of parliament (MPs) more or less likely to vote against the party line than their peers? Despite growing interest in the behavior of career politicians across parliamentary systems, answers to this question are marked by considerable theoretical and empirical uncertainty. I derive the two most common (but opposing) behavioral predictions before testing them over all legislative votes of two UK House of Commons terms (2005–15) using multilevel modeling of new and disaggregated data on MPs' occupational backgrounds. The finding that career politicians are more likely to rebel challenges conventional wisdom and provides an important empirical foundation for the ongoing debate.     

Advokatura: In Search of Professionalism and Pluralism in Moscow and Leningrad

This investigation sought to discover whether, and in what respects, Soviet advocates in the wake of perestroika are comparable with legal professions in the West. Taped interviews with ten advocates and various other legal specialists in Moscow and Leningrad in the winter of 1988–89 centered on four major professional goals. The responses showed (1) that Soviet advocates felt that their colleges effectively control admission to the bar; (2) that they have little sense of occupational jurisdiction, except in relation to the newly established legal cooperatives; (3) that they behaved like members of a self-governing profession in that bar association chairmen and bureau managers were perceived as colleagues rather than bosses, while party and state intervention control was dismissed as insignificant; (4) although they feel their status has risen dramatically since Gorbachev, it is not clear that this owes much to their collective efforts or that they have developed a corporate ideology to defend their position. Overall, the evidence supports the view that professional aspirations and institutions comparable to those in the West are to be found among Soviet advocates. Whether this might be seen as the reassertion of civil society, and of pluralism, in Soviet society is a much debated but currently unanswerable question. Negative and positive indications on this matter emerged during the research, the latter being rather the more persuasive.