https://link.springer.com/content/pdf/10.2307%2F3343168.pdf

Development as Freedom

Why the "Haves" Come out Ahead: Speculations on the Limits of Legal Change

What makes organizations so similar? We contend that the engine of rationalization and bureaucratization has moved from the competitive marketplace to the state and the professions. Once a set of organizations emerges as a field, a paradox arises: rational actors make their organizations increasingly similar as they try to change them. We describe three isomorphic processes-coercive, mimetic, and normative—leading to this outcome. We then specify hypotheses about the impact of resource centralization and dependency, goal ambiguity and technical uncertainty, and professionalization and structuration on isomorphic change. Finally, we suggest implications for theories of organizations and social change.

The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields (Chinese Translation)

Acknowledgements Table of cases Table of treaties Introduction 1. Francisco de Vitoria and the colonial origins of international law (i) Introduction (ii) Vitoria and the problem of universal law (iii) War, sovereignty and the transformation of the Indian (iv) Conclusion 2. Finding the peripheries: colonialism in nineteenth-century international law (i) Introduction (ii) Elements of positivist jurisprudence (iii) Defining and excluding the uncivilized (iv) Native personality and managing the colonial encounter (v) Reconceptualizing sovereignty 3. Colonialism and the birth of international institutions: the mandate of the League of Nations (i) Introduction (ii) Creation of the mandate system (iii) The league of nations and the new international law (iv) The mandate system and colonial problems (v) The mandate system and the construction of the non-European state (vi) Government, sovereignty, and economy (vii) The mandate and the discussion of sovereignty (viii) The legacies of the mandate system: toward the present (ix) Conclusion 4. Sovereignty and the post-colonial state (i) Introduction (ii) Decolonization and the universality of international law (iii) Development, nationalism and the post-colonial state (iv) Development and the reform of international law (v) Permanent sovereignty over natural resource and the new international economic order (vi) The 1962 resolution on PSNR (vii) The 1974 charter of rights and duties among states (viii) Colonialism and the emergence of transnational law (ix) Sources of law and international contracts (x) Overview and conclusions 5. Governance and globalization, civilization and commerce (i) Introduction (ii) Good governance and the third world (iii) Governance, human rights and the universal (iv) International financial institutions, human rights and good governance (v) International financial institutions and the mandate system (vi) Conclusions and overview 6. On making war on the terrorists: imperialism as self-defense (i) Introduction (ii) The war against terrorism (WAT) (iii) The United States and imperial democracy (iv) Historical origins: war, conquest and self-defense (v) Terrorism and the United Nations: a Victorian moment (vi) Terrorism, self-defense and third world sovereignty Conclusion.

/pdf/imperialism-sovereignty-and-the-making-of-international-law-4bctfir2bt.pdf

Imperialism, sovereignty, and the making of international law

Interorganizational Networks at the Network Level: A Review of the Empirical Literature on Whole Networks

/pdf/the-place-of-law-and-social-science-in-the-structure-of-4rnl2zf1wh.pdf

The Place of Law and Social Science in the Structure of Legal Education

Rising India in Investment Arbitration: Shifts in the Legal Field and Regime Participation

It is always flattering to have one's work taken seriously. We had hoped that our article1 would encourage reflection on the Amherst project and thus further the interests we hold in common with members of the Amherst Seminar: namely, the reconstruction of law and society work. It is important, however, that any debate be clearly framed and that we argue over genuine points of disagreement, not misunderstandings. The purpose of this reply is to try to sort the former from the latter.

From “Scientism Without Determinism” to “Interpretation Without Politics”: A Reply to Sarat, Harrington and Yngvesson

Winners and Losers in Litigation: Does Anyone Come Out Ahead?

This study explores the role of corporate lawyers in the construction and operation of a key area of the Brazilian economy over a thirty-year period. It looks at three periods in the history of the Brazilian telecoms sector: the fall of state monopoly; global restructuring, neoliberalism, and privatization; and the recent resurgence of state activism. In the first two periods, lawyers worked to facilitate privatization and to create a lightly regulated market for telecoms services that attracted foreign capital. Things changed, however, when the industry was faced with new industrial and social policies. In this period, lawyers oscillated between resisting government intrusion and negotiating engagement with regulators. This sequence of events encompasses changes in the field of state power, hierarchies in the legal profession, and core-periphery relations, which invite new syntheses of existing theoretical traditions about law, lawyers, and capitalist development in emerging economies.

Legal Professionals and Development Strategies: Corporate Lawyers and the Construction of the Telecoms Sector in Brazil (1980s–2010s)

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