467 research outputs found
Talking about the limits of legal change: an interview with Marc Galanter
No full textRecognized as one of the central figures of the Law & Society and as one of the first editors of the Law & Society Review, Marc Galanter is the author of pioneer and internationally recognized studies on the legal system and patterns of litigation (including "Why the haves come out ahead: Speculations on the Limits of Legal Change", one of the most cited articles in legal literature), lawyers and legal culture, legal institutions and informal regulation, among others. In this interview, Galanter speaks mostly about his academic and professional trajectory, a narrative that is intertwined with the history of tha Law & Society movement itself and with some of the most important developments in American academia since the 60s to the present day. The author also talks about the growth of law firms (described in Tournament of Lawyers) and cultural perceptions currently surrounding lawyers and the legal profession. He discusses the importance of the studies he developed in India for his work, including the famous "Why the haves come out ahead", a piece that is still relevant in the current context.</span
Lowering the Bar: Lawyer Jokes and Legal Culture
No full textPoster for a lecture titled "Lowering the Bar: Lawyer Jokes and Legal Culture" by Marc Galanter
Por que "quem tem" sai na frente: especulações sobre os limites da transformação no Direito
No full textTrata-se de tradução do texto clássico em Direito e Sociedade "Why the haves come out ahead", com organização e tradução de Ana Carolina Chasin. A edição brasileira conta com uma nota do próprio autor, Marc Galanter e com um prefácio de Boaventura de Sousa Santos.Esta obra é a tradução do texto clássico em Direito e Sociedade "Why the haves come out ahead". Com o delineamento de uma distinção entre os jogadores que se repetem (repeat players) e os atiradores de um só disparo (one-shooters) no sistema judicial norte-americano, Marc Galanter estabelece um reconhecido modelo de como a estrutura do sistema legal e a frequência de interação de um ator com esse sistema podem ser capazes de fornecer uma previsão dos resultados
Séminaire général de l'ISP - rencontre avec Marc Galanter le 21 mai 2014
No full textSéminaire général de l’Institut des Sciences sociales du politique (ISP) - Rencontre avec Marc Galanter Le 21 mai 2014, de 10 heures à 13 heures, à l’Ecole normale supérieure de Cachan (61 avenue du Président Wilson, 94235 Cachan) Salle Renaudeau, rez-de-chaussée du Bâtiment Laplace Droit et Société vient de publier un dossier « Injustices de la Justice ? Autour de Marc Galanter », (n° 85, 2013), coordonné par Liora Israel, qui comporte notamment la traduction d’un des textes classiques de so..
Lowering the Bar: Lawyer Jokes and Legal Culture
No full textWhat do you call 600 lawyers at the bottom of the sea? Marc Galanter calls it an opportunity to investigate the meanings of a rich and time-honored genre of American humor: lawyer jokes. Lowering the Bar analyzes hundreds of jokes from Mark Twain classics to contemporary anecdotes about Dan Quayle, Johnnie Cochran, and Kenneth Starr. Drawing on representations of law and lawyers in the mass media, political discourse, and public opinion surveys, Galanter finds that the increasing reliance on law has coexisted uneasily with anxiety about the “legalization” of society. Informative and always entertaining, his book explores the tensions between Americans’ deep-seated belief in the law and their ambivalence about lawyers.https://scholarship.law.duke.edu/justin_miller_awards_books/1105/thumbnail.jp
An Appreciation of Marc Galanter\u27s Scholarship
No full textThis brief essay highlights three of Marc Galanter\u27s works to illustrate qualities that seem especially worth emulating. Galanter\u27s classic article, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, focuses on how the legal system actually operates in daily life and challenges a conventional wisdom that simply providing have-nots with more lawyers would substantially reduce inequality. The article is particularly relevant to the dispute resolution field, focusing on the vast majority of legally-oriented behavior that occurs outside of court. It distinguishes truly private dispute resolution (such as self-help, withdrawal from relationships, and intra-group processes) from settlement systems that are oriented or “appended” to official legal institutions.Galanter’s article, Case Congregations and Their Careers, categorizes numerous factors affecting the evolution of “congregations” of related cases. “Endogenous” changes originate within case congregations (such as prevention of future harm and changes in legal regimes and recordkeeping practices). “Holistic” effects result from actors treating cases as part of a set of cases rather than as independent units. “Career” effects include anticipation about how early cases will affect later cases, coordination between lawyers, and “depletion” of readily actionable cases. Galanter argues that “[l]aw, lawyers, parties, audiences, practices, institutions, outcomes, stakes, expectations, discourse, meanings . . . may undergo change as one of these congregations runs its course.”Galanter\u27s book, Lowering the Bar: Lawyer Jokes and Legal Culture, is the culmination of much of his work on American law. His comprehensive analysis of lawyer jokes shows that they reflect a deep American ambivalence about the law and lawyers. He sorts the jokes into two “waves”: an enduring core of topics and themes and new themes that have “flourished”since 1980. Using the jokes and other data, he argues that, in recent decades, social and business elites have cultivated a “jaundiced view” of the legal system.This article is a part of a symposium focusing on the impact of Galanter’s scholarship on the next generation of scholars. As a former student of his, I illustrate how his work influenced my scholarship
Keynote Address: The Dialectics of Injury and Remedy
No full textSpeaker:Marc Galanter, The University of Wisconsin Law SchoolThe Dialectics of Injury and Remedy
Commentary:Richard Abel, University of California, Los Angele
The Duty Not to Deliver Legal Services
No full textProfessor Galanter suggests that the traditional approach to providing legal services in terms of demand (legal needs) and supply (lawyer\u27s services) is inadequate and that alternative methods of providing the benefits of law to everyone must be developed. Arguing that the inequities of the present system stem from the fact that litigation generally pits an individual party against an organizational party with the organization enjoying a sizable advantage, the author suggests that such alternatives as simple and accessible public forums, private sector tribunals, aggressive champions, more competent and organized parties, as well as various forms of augmented legal services may replace the delivery of traditional lawyers\u27 services as the responsibility of the legal profession
Afterword
No full textGalanter expresses his appreciation to the wide-ranging collection of articles that flatteringly claim to be inspired or influenced by his work. He determines that apart from a few side trips to the UK and to Israel, all of his works have been clustered in two regions widely separated in both space and culture: predominantly India at first, then predominantly the US, and a mix of both
Afterword
No full textGalanter expresses his appreciation to the wide-ranging collection of articles that flatteringly claim to be inspired or influenced by his work. He determines that apart from a few side trips to the UK and to Israel, all of his works have been clustered in two regions widely separated in both space and culture: predominantly India at first, then predominantly the US, and a mix of both
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