"It's Darwinism – Survival of the Fittest:" How Markets and Reputations Shape the Ways in Which Plaintiffs' Lawyers Obtain Clients

The survival of a plaintiffs' lawyer's practice depends upon the generation of an ongoing flow of clients with injuries that the civil justice system will compensate adequately. If this requirement is not met, lawyers will leave this aspect of the legal market for more promising ones. If they do, legal services for injured people will be diminished as a result. In order to find out how this personal services legal market is defined and developed, we interviewed ninety‐five plaintiffs' lawyers in Texas. These lawyers use four major strategies to get clients: client referrals, lawyer referrals, direct marketing, and other referrals. What any particular lawyer does is shaped by the geographic market from which clients are drawn, and by the lawyer's reputation. Our findings provide fresh insights for the empirical literature on plaintiffs' lawyers, and they provide an empirical context for assessing the potential impact of changes in the civil justice system, like tort reform, on the ability of plaintiffs' lawyers to obtain clients.     

WOMEN'S PARTICIPATION IN CHINESE TRANSNATIONAL HUMAN SMUGGLING: A GENDERED MARKET PERSPECTIVE*

Despite extensive sociological research on gender and organizations, criminologists have paid insufficient attention to how organizational context and market demands may shape the extent and nature of women's participation in illicit enterprises. This study uses an organizational framework to examine the case of Chinese human smuggling to the United States. Drawing from interviews with 129 human smugglers, we propose a gendered market perspective for understanding the place of women in the human smuggling enterprise. We argue that the limited place of violence and turf as organizing features of human smuggling, the importance of interpersonal networks in defining and facilitating smuggling operations, gender ideologies about work and caregiving, and the impact of safety as an overriding concern for clients combine to create a more meaningful niche for women in human smuggling operations than is found in other criminal endeavors. Our research suggests that organizational and market contexts are significant explanations for gender stratification in illicit enterprises.     

The impact of vendorship legislation and interprofessional competition in the market for social workers' services.

The results of this article suggest that, in the short run, vendorship legislation will not result in a large shift of social workers from organized settings into private practice. However, vendorship legislation appears to increase the number of social workers in private practice in areas that have not attracted as many psychiatrists. Thus, vendorship may have a favorable impact on the geographic distribution of mental health providers. Vendorship legislation may result in increases in private practice social workers in underserved areas. The results also suggest that social workers and psychiatrists compete in the market for mental health services. In counties with higher psychiatrist-to-population ratios, fees for social workers' services are lower. Further, in counties with higher psychiatrist-to-population ratios, the number of social workers in private practice decreased after vendorship. Finally, there is a large range of optimal practice size for social workers. Social workers with 20 or more clients per month can provide mental health services at the lowest average cost per client. Thus social workers operating either full-time or part-time practices with more than 20 clients per month can provide mental health services efficiently.     

Legal Aid in the Eye of a Storm: Rationing, Contracting, and a New Institutionalism

This article discusses possible rationales underlying a legal aid system through an articulation of theories of distribution in the legal services market, considers the idea of prioritization and planning or, in the political vernacular, rationing of public funding, and addresses the impact of economic and social theories of the professions on legal aid structures. Finally, the emerging concepts of 'new-institutionalism' and 'new public management' are introduced to indicate the organizational and sociological complexity of reforming the legal services market. Each of these threads illustrate competing values and institutional influence on publicly funded legal services. Bureaucratic rules mix with professional and economic incentives to articulate entitlement to public money in a predominantly private forum. Drawing on research in the field of rationing health care, sociological and economic work on legal services, and organizational theories, it will be demonstrated that conceptual, policy, and research tools need to play closer attention to this competition of values.     

Contingent-Fee Lawyers and Their Clients: Settlement Expectations, Settlement Realities, and Issues of Control in the Lawyer-Client Relationship

One hallmark of Herb Jacob's analyses of criminal courts—extensive consideration of the interaction among actors–was less pronounced in his work on civil justice, which was more focused on institutions and the politics behind the laws that those institutions administered. In the research I report here, my emphasis is squarely on the actors in the civil justice process: the relationship between contingency-fee lawyers and clients, and how that relationship plays out in the settlement process. In Felony Justice, Herb, and his coauthor James Eisenstein, focus on the courtroom workgroup as a case-processing (and, largely, case-settling) machine; clients are relatively peripheral. In my account, clients, both current and future, are extremely important in how the lawyer works to settle cases. In the criminal court workgroup, lawyers do not worry about where future clients will come from because police secure them. In contrast, the contingency-fee lawyer has constant concerns about future clients, and I argue, this concern provides a control over lawyers that prior analyses of the contingency fee have largely missed. This dynamic also may explain why the courtroom workgroups, or court communities, found in the criminal courts do not appear to exist in the civil justice system.     

Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.     

Justice on the line? A comparison of telephone and face-to-face advice in social welfare legal aid

This paper investigates the impact on legal advice of the major shift to telephone-only services in social welfare legal aid, which took place in April 2013. An empirical study comparing telephone and face-to-face advice reveals that face-to-face contact has considerable advantages in the advice interview. Based on interviews and observations with housing law clients, their lawyers and advisers, the findings of this qualitative study demonstrate that clients and lawyers often find it easier to express themselves and understand each other face-to-face. The face-to-face interview benefits from features including the stronger emotional connection between lawyer and client, non-verbal communication, more expansive conversation and the greater ability to consult and confer over documents. Telephone-only advice may be suitable for some more capable clients and uncomplicated matters, but this qualitative research shows that vulnerable clients are more likely to be adversely affected by the potential disadvantages of telephone-only contact. Clients with more complex social needs or with more serious or urgent cases are better served by face-to-face advice. The findings of this research should inform the LASPO review and future priorities for legal aid funding.     

Rethinking organizational crime and organizational criminology

Organizational crime and organizational criminology, obviously, are, orshould be about ``organization'. This essay wants to explore what is goingon in contemporary ``organizations'; it wants to think through what iscurrently happening in today's organizations. It will argue thatcontemporary organizational life has arrived in a phase of transition.New forms, and new modalities of organizational morality are taking shape.So is organizational regulation. This, as will hopefully become clear, is ofimportance to organizational criminologists who, inevitably, though oftenimplicitly, have been researching and writing about organizational orbusiness ethics and morality for some time now. This essay suggests analternative way of conceptualizing life and regulation in contemporaryorganizations. It suggests a reading of contemporary organizations as clustersof labyrinthine networks – i.e. the raw materials and again the outcome oflabyrinthine moralities – in which – as Deleuze and Guattari had it – theOutside is always already potentially, though undecidably,Within. To students of organizational regulation, and organizationalcriminologists are amongst them, this essay argues that contemporaryorganizations are gradually turning into highly complex networks (of networks) thatare often inextricably interwoven with surrounding networks. This has aprofound impact on how organizational moralities emerge and develop, onon how these in turn impact on the contents and the orientation oforganizational action. This essay will argue that regulating contemporaryorganizatons is bound to be simultaneously much easier as well as muchmore complex than in a previous, ``bureaucratic' age.     

Ambidexterity,external knowledge and performance in knowledge-intensive firms

The paper investigates the relationship between organizational ambidexterity and firm performance in knowledge-intensive firms. In particular, using a quantitative methodology involving a structural equation model, the research investigates whether external knowledge sourcing enhances the impact of ambidexterity on firm performance. The results show that organizational ambidexterity in knowledge-intensive firms does not, in fact, have a significant impact on firm performance, but it does have a positive and significant mediating effect considering external knowledge sourcing. The findings are presented along with interesting and significant implications for both theory and practice, largely stemming from the still much neglected relationship between organizational ambidexterity and external knowledge sourcing in the open innovation context.     

The journey: moving racial diversification forward from mere commitment to shared value in elite law firms

This article draws on institutional theory to analyze racial diversification in elite law firms in the United States, and to suggest ways of moving racial diversity forward beyond mere commitment to a shared value among firm members. Using published diversity reports, interviews, and American Lawyer Media demographic data spanning 13 years, this article argues that elite law firms are committed to maintaining racial diversity as a corporate identity – outward presentation to clients – because their clients have come to rely on this commitment. Conversely, racial diversity is not yet an organizational identity, or a shared value among elite law firm members. This article suggests that a commitment to racial diversity can become a shared value among law firm members through the work of diversity champions and by incorporating ‘intentional diversity.’     

Decreeing organizational change: judicial supervision of public institutions.

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing ideas about the performance of bureaucracy and the role of courts. He explores the problematic character of organizational change litigation, underscoring the ways in which organizational behaviour is fraught with a variety of informal relationships beyond the contemplation of the courts. In Professor Horowitz 's judgment, efforts to augment the capacity of courts to cope more effectively with organizational change litigation may redound to the disadvantage of the judicial process by emphasizing the new managerial role of the courts at the expense of their traditional moral function. He concludes by suggesting that capricious budgetary ramifications, unintended consequences, and the impact of unconventional enforcement practices on the courts themselves be included among the elements of a full evaluation of organizational change litigation.     

Attracting federal research funds: Why so much from so many goes to so few

This paper addresses the question of the distribution of federal research funds. It is noted that the top five institutions in terms of federal funding occupy very stable and extremely high rankings in terms of the quality of their academic programs in a variety of fields. It is suggested that this is part of their overall strategy for achieving organizational effectiveness. The implications for technology generation and transfer are discussed. In view of the various theories of organizational effectiveness, it is noted that research oriented universities that consistently win in the quest for federal research funds have developed both the structure and atmosphere necessary for responding to external groups.     

People with special needs and sexual behaviour problems: balancing community and client interests while ensuring effective risk management

Abstract

Deinstitutionalisation movements of the mid-1900s led to changes in policy and practice in the management of people with special needs (defined for this article as people with severe and persistent mental illness, intellectual disabilities and high levels of personality factors that interfere with treatment participation). Although the majority of clients with special needs receive care in community settings and interact more with family, friends and others in the community, some such clients require more rigorous case management. For clients who have offended, especially sexually, community-based services are scarce, and concerns regarding reoffence potential often supersede traditional understandings of diminished capacity. Recent reports suggest that jails and prisons have replaced hospitals as the institutions-of-choice for clients with special needs who engage in inappropriate conduct. This paper examines policies and practices regarding community risk management of people with special needs who have sexually offended. Vignettes are provided to illustrate how some clients and agencies have been affected, and suggestions are made to ensure best practices in risk management and public safety.     

Revisiting gender issues: continuing police reform

This paper will discuss continuing police reform and gender issues and how the organizational culture can be moved from misogynist to inclusive. In addition, it will discuss how the community policing philosophy has caused special populations, (gay, lesbian, bisexual, and transgender), who under the professional model were often marginalized, can be dealt with in a manner devoid of bias or prejudice. The role of police women in the twenty-first century will also be discussed in relation to the feminist writers’ perspective as the police accept that their role has a duty of care and is not solely about crime fighting.     

CONTROLLING CORPORATE DEVIANCE

The effectiveness of sanctions applied to corporate offenders has not been adequately studied, in part because of the absence of any appropriate research strategy. This absence stems from the tendency. since Sutherland, to conceptualize corporate crime as individual rather than organizational behavior. This article outlines a research procedure based on the organizational nature of corporate crime and uses it to evaluate the impact of prosecutions under Australia's Trade Practices Act. The article concludes that the sanctions applied have considerably reduced the likelihood of corporate recidivism.     

Politics and bioethical commissions: "muddling through" and the "slippery slope"

When they have addressed highly controversial subjects, the bioethical commissions of the last decade have tended to avoid explaining the ethical justifications for their recommendations. This omission is consistent with the typical preference of policymakers for "muddling through," because it is often possible to reach agreement on specific decisions even when disagreeing sharply on principles. In bioethical policy, this omission of reasons has some special consequences. It allows commission members to ignore "slippery slope" arguments, which are based on the claim that the logic of justification adopted to address the current problem will ultimately lead us to great harms. Case-by-case decision-making--along with the omission of reasons for decisions--will tend to highlight the benefits of innovation, and downplay possible long-term effects that might be ethically upsetting.     

Corporate criminology: Explaining deviance of business and political organizations

Explanations of criminal behavior historically have focused on the behavior of individuals. The criminality of organizations, or corporate criminology, has only recently received systematic attention from researchers and policy makers. Four existing theories of organizational crime, and subsequent evaluations of their explanatory power, are comparatively assessed with special attention given to their implications for control strategies. It is suggested that strategies based on causal factors will achieve greater success than prevailing approaches to corporate criminality.     

Revisiting the Racial Threat Thesis: The Role of Police Organizational Characteristics in Predicting Race‐Specific Drug Arrest Rates

Previous research examining the relationship between structural factors and drug arrest rates has neglected the role of the police organization. A central proposition of racial threat theory is that indicators of a threatening Black population will be associated with law enforcement actions as a form of social control. In order to fully test this proposition, however, organizational aspects of law enforcement beyond size of the police force must be considered. Hence, the present study examines police organizational factors as direct predictors of race‐specific drug arrest rates but also as potential moderators of the effects of structural factors on drug arrest rates. Using data from 260 cities, we find that police organizational factors matter, both directly and as moderators of the association between racial economic competition and Black drug arrest rates. Consistent with expectations derived from racial threat and organizational theory, we find that racial threat measures are associated with Black drug arrest rates under conditions of relatively low organizational control.     

再论环境侵权责任的“原罪”说

一般侵权行为成立的前提是行为的正当性,而特殊侵权行为的特殊性在于特殊行为的潜在风险性。环境侵权行为也具有潜在风险性,但其更本质的特点是改变环境或给环境带来不利影响。这种行为从一开始就注定不可避免地而不是潜在地给环境造成不利影响,这是其"原罪"之所在。让环境侵权行为人承担责任不是基于过错或其他什么理由,而是以环境侵权行为的原罪为根据。     

Social web knowledge sharing and innovation performance in knowledge-intensive manufacturing SMEs

This paper develops an integrative research model to assess the effect of different factors on social web knowledge sharing and its effect on innovation performance in manufacturing small and medium-sized enterprises (SMEs). In addition, this study analyzes whether social web knowledge sharing may be a mediator in the relationship between human resource (HR) practices and innovation performance. The proposed research model and its associated hypotheses were tested by using partial least squares structural equation modeling on a dataset of manufacturing SMEs. This study contributes to research seeking to understand the factors affecting social web knowledge sharing by demonstrating that technological and organizational factors have greater impact than environmental factors on social web knowledge sharing. It also contributes to research by exploring the indirect effects of the social influence of HR practices on organizational innovation performance by offering evidence on the mediating effect of social web knowledge sharing in the relationship between HR practices and organizational innovation performance in manufacturing SMEs.