论律师在执业中的保密特权

律师是依据当事人的委托授权，在法律规定的范围内，维护当事人合法权益的法律工作者。律师对当事人权益的有效保护很大程度取决于当事人和律师之间建立的信任关系，而这种信任关系的重要基础之一就是律师对其知晓的当事人秘密予以保密。如何将律师对当事人的保密责任法律化，使得律师和当事人之间的信任关系得到巩固，对于律师业的发展具有重要意义。     

关于我国律师执业豁免权的思考

一、我国律师执业豁免权的内涵(一)有关国家、地区、国际公约、文件关于律师执业豁免权内涵的规定:对于律师执业豁免权,各国的规定并不完全一致。考察有关国家关于律师执业豁免权的具体规定,从中找出其共同的带有规律性的内容,有助于对我国律师执业豁免权的科学规制。卢森堡刑法典第452条第1款规定:“在法庭上的发言或向法庭提交的诉讼文件当事人有关,就不能对它提起任何刑事诉讼。①”但有关法律又规定:“任何人如果恶意地否定宪法或法律的强制效力,或者直接唆使他人违反宪法和法律,均应受到处罚。”法国1881年《刑事诉讼法》第41条规定:“…     

中国律师在跨国并购中的法律实务

收购兼并一般是指公司收购其他企业的股权或资产、兼并其他企业。或采取定向扩股合并其他企业。收购兼并是日常经济活动中常见的经济活动。跨国购并活动也是如此。从事跨国购并的法律业务也成为律师法律服务领域中一项重要与专业的领域。     

重新认识法律职业：律师与社会公益

经过20多年的恢复与重建，我国的律师事业获得了重大发展，各项制度得以确立并逐步走向完善，律师从业人数也初具规模，律师行业的整体素质也有了较大的提高。但是长久以来在中国，作为维护私权、旨在实现其所代理的客户利益的律师，似乎与社会公共利益之间并无关联且相去甚远。然而，这一现象究竟是法律职业的共性还是中国转型期的特性？律师与社会公共利益之间究竟有无联系？从国家与社会公益的视角看，究竟应当怎样看待法律职业？本文拟就这些问题，作初步的探讨。     

The Legal Community: Judges, Lawyers, Officials and Clerks in the Writing of Europe

This article argues that EU legal studies whould pay more attention to the legal discourse that sustains the conceptions of law and legal politics underlying European law. Drawing loosely on Bourdieu's concept of 'legal fields', it offers a social and intellectual reconstruction of European legal thinking by way of empirical analysis of European legal writing. The article argues that the autonomy, technicality and specificity of European law should be seen at least in part as consequences of the social and professional structure of the community of EU laywers.     

Hiring Teams,Firms, and Lawyers: Evidence of the Evolving Relationships in the Corporate Legal Market

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006–2007, we find that—contrary to standard depictions of corporate client‐provider relationships—(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring; and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following “star” lawyers, especially if they move as part of a team. The combination of long‐term relationships and subunit rivalry provides law firms with steady work flows and allows companies to keep cost pressure on firms while preserving relationship‐specific capital, quality assurance, and soft forms of legal capacity insurance. Our findings have implications for law firms, corporate departments, and law schools.     

Uncertainty,Fairness Perceptions,and Job Satisfaction: A Field Study

Following uncertainty management theory, we argue that when people face increased uncertainty, fairness becomes more important to them and judgments of fairness affect their reactions more strongly. The organizational field study reported here examines the effects of uncertainty about performance standards and appropriate behaviors on the relationship between fairness and job satisfaction. Results reveal that uncertainty moderates the positive relationship between fairness perceptions and job satisfaction such that the more uncertain people are about performance standards and appropriate behaviors, the stronger the relationship between fairness and job satisfaction. Further results reveal a significant moderating effect of uncertainty specifically for procedural fairness and interactional fairness. We discuss the implications of our findings for the uncertainty management model.     

State Transformation and the Role of Lawyers: The WTO,India, and Transnational Legal Ordering

This article explains the impact of India's engagement with the law of the World Trade Organization (WTO) on both the Indian state and on the WTO itself. In each case, it explains the role of Indian lawyers within the larger transnational context. In engaging with globalization and the WTO, India has transformed itself. The Indian state has moved toward a new developmental state model involving a stronger emphasis on trade, greater government transparency, and the development of public‐private coordination mechanisms in which the government plays a steering role. The analysis shows that it has done so not as an autonomous policy choice, but rather in light of the global context in which the WTO and WTO law form an integral part. Reciprocally, the article displays the ways that India has built legal capacity to attempt to shape the construction, interpretation, and practice of the trade legal order. Indian private lawyers play increasing roles, although they remain on tap, not on top.     

Job Stress,Job Involvement,Job Satisfaction,and Organizational Commitment and Their Associations with Job Burnout Among Indian Police Officers: a Research Note

Job burnout can negatively impact individual officers, the organization that employs the burned out officers, citizens with whom these officers directly interact, and the community more broadly. The vast majority of the empirical research on burnout has been based on Western police officers. The present study extends our understanding of the associations that job stress, job involvement, job satisfaction, affective commitment, and continuance commitment have with the three dimensions of burnout (emotional exhaustion, depersonalization, and a reduced sense of accomplishment) among Indian police officers. Ordinary least square (OLS) regression analysis was used to examine survey data from 827 police officers in the Sonipat and Rohtak districts of the Indian state of Haryana using a systematic random sample. The findings indicate that job involvement and job satisfaction were associated with lower levels of all three dimensions of burnout. Job stress was associated with emotional and reduced accomplishment burnout. High affective commitment was associated with lower levels of a reduced sense of personal accomplishment, while continuance commitment was associated with higher levels of emotional and depersonalization burnout. The results suggest that job stress, job involvement, job satisfaction, affective commitment, and continuance commitment have effects on burnout among Indian officers, as has been found among Western officers. As such, police scholars and administrators should focus on reducing job stress and continuance commitment and increasing job involvement, job satisfaction, and affective commitment among officers.     

Job Stress and Job Satisfaction Among Jail Staff: Exploring Gendered Effects

Despite increased representation in correctional work settings, women still encounter obstacles in this male-dominated occupation—obstacles that have the potential to affect their levels of job stress and job satisfaction. Although gender-based differences in job stress and job satisfaction have been analyzed in several prison settings, much less work has been conducted in the often neglected correctional arena of jails. The current study fills this empirical void by examining jail staff at a large county correctional system in Orlando, Florida. Ordinary least squares regression analysis indicated that different facets of the work environment differentially affected the job stress and job satisfaction of 419 women and 493 men working in a large urban jail system. Specifically, role ambiguity, perceived dangerousness, coworker relations, input into decision making, and administrative support had larger effects on job stress for women compared to men. For job satisfaction, the only workplace variable to have a gendered effect was administrative support, which also had a greater effect for women than men. The findings reveal gender-related differences, especially in terms of job stress.     

Doctors,Lawyers, and Malpractice Insurance: Is Physician Discipline or Legal Restrictions the Answer?

Legislatures have made numerous attempts to reduce medical malpractice costs by changing the legal rules governing malpractice suits. Additional changes through physician discipline are also under consideration. This paper - tests whether these changes have had the desired effects, using cross-state data. The empirical findings are that the results of changes in the legal rules are generally as expected, but that physician discipline seems to have little impact on either insurer costs or insurance rates, even after the discipline rules have been in effect for up to four years.     

Accommodation and Satisfaction: Women and Men Lawyers and the Balance of Work and Family

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principal responsibilities for the care of children, but it also finds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.     

Lawyers and Embedded Legal Activity in the Southern Civil Rights Movement

We introduce the concept of embedded legal activity to capture the ways in which lawyers and legal organizations can become intertwined in the ongoing activities of social movements. Embedded legal activity is characterized by diverse issues and venues and comprises legal activities that help support movement infrastructure, close coordination between movement lawyers and other activists, and responsiveness to constituent needs. Investigating a comprehensive data set on legal activity during the southern civil rights movement, we identify forms of legal activity beyond the typical focus of legal mobilization, including defense for movement participants charged with misdemeanors and other crimes, movement assistance on organization‐level legal matters, and general legal aid to movement constituents. These were by far the more common types of legal activity and emerged from the embeddedness of lawyers in a mass movement. We argue that embedded legal activity is likely where movements prioritize grassroots leadership and community organizing and face significant countermobilization, hostile legal and political opportunity structures, and substantial social and economic inequality.     

Nineteenth-Century Lawyers and Railway Capitalism: Historians and the Use of Legal Cases

Abstract

The railway was a key factor in nineteenth-century economic development. R.W. Kostal considered the interaction of the industry with lawyers in his book Law and English Railway Capitalism 1825–1875. Yet his conclusion that the law coped badly with the new industry is vitiated by his failure properly to analyse the way the courts applied legal doctrine. In areas such as preincorporation liability for railway companies’ debts, rating and compulsory purchase, the courts applied well-established principles. Even new law in cases like Priestley v Fowler can only be understood in terms of common law principles.     

人—组织价值观匹配、工作满意和离职倾向

本文探讨了人—组织价值观匹配和离职倾向间的关系,工作满意对价值观匹配和离职倾向间关系的中介作用,以及要求—能力匹配对价值观匹配和离职倾向间关系的调节作用。对上海、福建、安徽、河南等地328名员工进行问卷调查所获实证数据的统计分析表明:价值观匹配、要求—能力匹配和离职倾向显著负相关;工作满意对价值观匹配和离职倾向间关系起到完全中介作用;要求—能力匹配对价值观匹配和离职倾向间关系未起到调节作用。