University of Miami School of Law
GLOBAL LAWYERING
Professor John Flood
Contact details: email: jflood@law.miami.edu
The course will take students through three parts: approaches to globalization,
understanding legal professions from different parts of the world, and the
intersection of the two.
It will consist of the readings below, guest speakers (if I can get them) and
film. The speed of change in the world today demands that modern lawyers be
aware of developments outside their home jurisdictions. This is especially true
for American lawyers. United States law and lawyers are involved in many
activities around the globe. It could be helping Rosneft, the Russian oil
company to come to market (Who is the beneficial owner? No one seems to
know. It is probably some part of the state.); it could be attempting to curtail
the growth in the online gambling industry in spite of the WTO; it could be
attempting to deal with human rights abuses through the Alien Tort Claims
Act 1789. This is not simply the export of American legal technologies to other
countries à la Coca Cola, but rather an intense competition between rival
determinations of what the law is and how it should be interpreted. Much of it
is tied to the ways capital markets and financial institutions function, which
favors global cities such as New York, London, Tokyo and Hong Kong. Much
of the competition comes from the English legal profession, which considers
itself to be historically the progenitor of legal globalization.
Perhaps the most startling changes are taking place in the regulation of
professional services, law not excluded. The significant item for this is the
Legal Services Act 2007 in England & Wales. This statute is having global
impact. This is affecting who can own law firms, what work needs to be done
by lawyers, but also who is responsible for regulating lawyers. In addition
there are global changes taking place in regulation via GATS, and in legal
education. And in this last part Miami is in the vanguard with Law Without
Walls, a dramatically new approach to legal education, which we will cover.
The requirement for this course is a paper. If you are taking the seminar for
your upper writing requirement, the paper must be 35-40 pages. If not, the
paper is to be 17-20 pages.
There will be an updated web page—“Global Lawyering”—run in conjunction
with the course which will have additional materials and links to issues that
arise during the course: it will follow the format of the syllabus. The website
will be at www.johnflood.com.
I would like you to follow some external sources that are monitoring the
changes occurring. Key among them is Legal Futures
(www.legalfutures.co.uk), Jordan Furlong at www.law21.ca, and Bruce
McEwan at www.adamsmithesq.com. You should also read the articles in the
“Legal Profession” section of jotwell.com, which I edit along with Tanina
Rostain. Jotwell publishes reviews of good writing every month by a different
contributor.
There will be more. I run a blog, Random Academic Thoughts at
johnflood.blogspot.com which comments on law and the legal profession. It is
also worth following The Lawyer at www.thelawyer.com; they have a
newsletter worth signing up to. openDemocracy is a very useful and
informative website to follow, especially on globalization and world events at
www.opendemocracy.net.
The films have been chosen to highlight aspects of lawyers’ practices and
values. They are placed within the readings and each is highlighted with its
IMDb link. But read: Bander. E. 1993. “Lawyer as Devil’s advocate.” ─
http://tarlton.law.utexas.edu/lpop/etext/conf/bander.htm. It contains an
interesting discussion of lawyers in film. See also, Asimow. M. 2000. “Bad
lawyers in the movies.” ─ http://ssrn.com/abstract=159295. And id.
“Embodiment of evil: law firms in the movies.” ─
http://ssrn.com/abstract=270128. The Tarlton Law Library has a guide to
over 700 films featuring lawyers ─
http://tarlton.law.utexas.edu/lpop/film.html. Mary Whisner has prepared a
useful guide on law in TV, video and film ─
http://lib.law.washington.edu/ref/lawonfilm.html. A good source of reviews
of lawyers on film and TV is Picturing Justice: The Online Journal of Law
and Popular Culture ─ http://www.usfca.edu/pj/index.html.
Note on Readings: Where I can, I have supplied electronic references which
can be read without cost. I’ve provided clickable links and URLs, so it’s best to
have this on your computer so you can directly go to the appropriate website.
The website databases are Hein Online, Lexis, Westlaw, JSTOR, and
Academic Search Premier.
Part 1 Globalization aims to acquaint students with the current theories of
globalization. These fall into three broad groups: the hyperglobalizers (eg,
Ohmae) who believe that globalization leads to borderless trade and possibly
the demise of the state; the sceptics (eg, Hirst) who insist that globalization is
a myth and that, at best, there are one or two regions in the world that engage
in significant trade; and the transformationalists (eg, Held) who argue that
globalization is affecting many aspects of life including, for example, the
family, politics, and law. There is now a fourth group which looks at
globalization from a critical and radical perspective, the view from the south
(eg, Santos).
Readings:
 Ohmae. K. 1995. The End of the Nation State. Free Press. (Link to BBC
World Service program about Ohmae: audio and text
[http://www.bbc.co.uk/worldservice/learningenglish/work/handy/oh
mae.shtml] and
[http://downloads.bbc.co.uk/worldservice/learningenglish/handy/oh
mae.pdf]). Read “Beyond the Nation State”
[http://www.theglobalist.com/storyid.aspx?StoryId=4615]. Read also
“Globalization, Regions and the New Economy”
[http://www.sppsr.ucla.edu/cgpr/docs/ohmaewpno1.doc].
 Hirst. P. 2001. “Politics: Territorial or Non-Territorial.”
[http://www.theglobalsite.ac.uk/press/104hirst.htm]. Read also,
Cuttitta, P. 2006. “Points and Lines: A Topography of Borders in the
Global Space” 6 Ephemera http://www.ephemeraweb.org/journal/61/6-1cuttitta.pdf.
 Giddens. A. 1999. Read/view Giddens’ Reith Lectures, “Runaway
World”, for BBC
[http://news.bbc.co.uk/hi/english/static/events/reith_99/].
 Santos. B. de Sousa. 2006. “Globalizations.” 23 Theory, Culture &
Society 393-399
[http://www.boaventuradesousasantos.pt/media/pdfs/Globalizations_
Theory_Culture_and_Society_2006.PDF].
 Held. D. et al. Global Transformations (Link to “Global
Transformations” [http://www.polity.co.uk/global/default.asp]
website—read “What is Globalization?”
[http://www.polity.co.uk/global/whatisglobalization.asp#top]) and
“Globalization” [http://www.polity.co.uk/global/globalizationoxford.asp].
 Globalisation: the argument of our time. A debate between Paul Hirst
and David Held at http://www.opendemocracy.net/globalizationvision_reflections/article_637.jsp#seven
 Thomas Friedman. 2005. “It’s a Flat World, After All”
[http://www.nytimes.com/2005/04/03/magazine/03DOMINANCE.ht
ml]. Watch the video “The World is Flat” on MITWorld at
http://mitworld.mit.edu/video/266.
►Film: Breaker Morant (film set near end of Boer War when British want to
stage a peace conference and set a show trial of Australian soldiers
accused of murder in battle—there are clear resonances with today’s
events. See bio of Breaker Morant here:
http://en.wikipedia.org/wiki/Breaker_Morant)
Part 2 Legal Profession will introduce the literature on the legal
profession, American, European and Asian. This part includes materials on
lawyers, law firms, accounting firms, and some aspects of professionalism. We
will look at some of the historical aspects of law firms as well as their
contemporary approaches to practice.
Readings:
Careers:
 Heinz. J. 1983. “The power of lawyers.” 17 Georgia Law Review 891911 (available Heinonline
http://heinonline.org/HOL/Page?handle=hein.journals/geolr17&id=9
01&collection=journals&index=journals/geolr)

Heinz. J. et al. 2001. “The scale of justice: observations on the
transformation of urban law practice.” 27 Annual Review of Sociology
337-362.
 Gordon. R. 2006. “Money! Power! Ambition gone awry! A frank history
of the big-time American lawyer.” LegalAffairs.org. 1-8.
[http://www.legalaffairs.org/issues/March-April2006/feature_gordon_marapr06.msp]
►Film: The Devil’s Advocate (young lawyer accepts offer from large law firm
and must deal with compromises in how he practices law)
 Henderson, B. 2008. “How the ‘Cravath System’ Created the Bi-Modal
Distribution” Part I at
http://lawprofessors.typepad.com/legal_profession/2008/07/howthe-cravath.html
 Henderson, B. 2008. “Part II: How Most Law Firms Misapply the
‘Cravath System’” at
http://lawprofessors.typepad.com/legal_profession/2008/07/part-iihow-mos.html
 Lisagor. N. & Lipsius. F. 1988. A Law Unto Itself: The Untold Story of
the Law Firm Sullivan & Cromwell: 100 Years of Creating Power &
Wealth. Morrow. An interesting history of the law firm that along the
way tells of its connections to the rise of Nazism in Germany. See:
Weixelbaum, J. 2011. “Collaboration in Context: New Historiographical
Approaches to Alleged American/Nazi Business Ties” at
http://jasonweixelbaum.wordpress.com/2011/05/17/collaboration-incontext-new-historiographical-approaches-to-alleged-americannazibusiness-ties/
NB. It’s worth looking at Skadden and Wachtell together because they
exemplify the role of the “outsider” in law. Eli Wald provides two articles
that help make sense of this phenomenon.
 Wald, E. 2008. “The Rise and Fall of the WASP and Jewish Law
Firms.” 60 Stanford Law Review 101-165.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138432]
 Wald, E. 2008. The Rise of the Jewish Law Firm or Is the Jewish Law
Firm Generic?” 76 University of Missouri-Kansas City Law Review 156 [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1138437]
 Caplan. L. 1993. Skadden: Power, Money, and The Rise of a Legal
Empire. Farrar Straus Giroux. 63-117; 277-296. See Jean Fergus, “The
Law According to Joseph Flom” at
http://www.ferguslex.com/ferg.401.review.flom.html.
 Starbuck, W. 1993. “Keeping a Butterfly and an Elephant in a House of
Cards: The Elements of Exceptional Success”. 30 Journal of
Management Studies 885-921.
[http://www.johnflood.com/summerschool/Starbuck_Keeping_Eleph
ant_Butterfly.PDF]
 Starbuck, W. nd. “Wachtell Lipton additional material”
[http://www.johnflood.com/summerschool/Starbuck_Wachtell_paper
_add.doc]
 Starbuck, W. nd.” Addendum: Wachtell, Lipton, Rosen and Katz”
[http://www.johnflood.com/summerschool/Starbuck_Wachtell_Upda
te_Elephant.docx]

Dinovitzer, R. 2006. “Social Capital and Constraints on Legal Careers”.
40 Law & Society Review 445-480.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw40&i
d=449&collection=journals&index=journals/lwsocrw]
 Boon. A. & Flood. J. 1999. “Trials of strength: the reconfiguration of
litigation as a contested terrain.” 33 Law and Society Review 595-636.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw33&i
d=605&collection=journals&index=journals/lwsocrw]
►Film: The Winslow Boy (English barrister as hero when he takes what
appears to be a lost case that may damage his professional standing)
Types of Lawyering:
 Nelson. R. & Nielsen. L. 2000. “Cops, counsel, and entrepreneurs:
constructing the role of inside counsel in large corporations.” 34 Law &
Society Review 457-493.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw34&i
d=471&collection=journals&index=journals/lwsocrw]
 Rosen, R. 2002. “We’re All Consultants Now: How Change in Client
Organizational Strategies Influences Change in the Organization of
Corporate Legal Services”. 44 Arizona Law Review 637-684.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1825458]
 Flood, J. & Skordaki. E. 1997. “Normative bricolage: informal rule
making by accountants and lawyers in mega insolvencies.” In Teubner,
ed, Global Law Without a State. Dartmouth. 109-131.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=949895]
 Flood. J. 1996. “Megalawyering in the global order.” 3 International
Journal of the Legal Profession 169-214.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=953796]
 Brock, D. et al. 2006. “The Global Law Firm: An Initial Study of
Strategy and Performance.” 5 International Journal of Business and
Economics 161-172.
[http://www.johnflood.com/summerschool/Brock_global_law_firm_
2006.pdf]
 Flood. J. 2007. “Lawyers as Sanctifiers: The Role of Elite Law Firms in
International Business Transactions”. 14 Indiana Journal of Global
Legal Studies 35-66.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=949553]
 Sarat, A. (ed) 2010. “Special Issue: Law Firms, Legal Culture, and Legal
Practice”. 52 Studies in Law, Politics, and Society (NB. Chapters by
Chambliss; Rosen; Henderson)
[http://books.google.co.uk/books?id=FIBl1MIiHJQC&lpg=PP1&dq=La
w%20Firms%2C%20Legal%20Culture%2C%20and%20Legal%20Pract
ice&pg=PP1#v=onepage&q&f=false]
Regulation:
 Alfieri, A. 2008. “The Fall of Legal Ethics and the Rise of Risk
Management”. 93 Georgetown Law Journal 5-40.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1114223]
 Terry, L. 2004. “Lawyers, GATS, and the WTO Accountancy
Disciplines: The History of the WTO’s Consultation, the IBA GATS
Forum and the September 2003 IBA Resolutions”. 22 Penn State Law
Review 695-841.







[http://www.personal.psu.edu/faculty/l/s/lst3/GATS_WTO%20consul
tation_iba_resolutions_history.pdf]
Arnold, P. 2005. “Disciplining Domestic Regulation: The World Trade
Organization and the Market for Professional Services.” 30 Accounting,
Organizations and Society 299-330.
[http://www.johnflood.com/summerschool/Arnold_WTO_AOS_2005
.PDF]
Terry, L. 2010. “From GATS to APEC: The Impact of Trade Agreements
on Legal Services”. 43 Akron Law Review 675-984.
[http://www.personal.psu.edu/faculty/l/s/lst3/Terry_From_GATS_to
_APEC.pdf]
Faulconbridge, J & Muzio, D. 2009. “Legal Education, Globalization,
and Cultures of Professional Practice”. 21 Georgetown Journal of Legal
Ethics 1335-1359.
[http://www.johnflood.com/summerschool/Muzio_Faulconbridge_SS
RN_ID1516314_code546230.pdf]
Faulconbridge, J. 2008. “Organizational Professionalism in Globalizing
Law Firms”. 22 Work, Employment and Society 7-25.
[http://www.johnflood.com/summerschool/Faulconbridge_Org_Prof
_Law_Firms_2008.doc]
Flood, J. 2011. “The Re-Landscaping of the Legal Profession: Large Law
Firms and Professional Re-Regulation.” 59 Current Sociology 507-529.
[http://www.johnflood.com/summerschool/Relandscaping_Prof_regu
lation_2011.pdf]
Maher, F & Davies, A. 2011. “New law firm regulations in England and
Wales will affect U.S. firms.” National Law Journal.
[http://www.johnflood.com/summerschool/Maher_Davies_law_firm
_regulation.docx]
“The Economic Downturn and the Legal Profession”. Symposium in 78
Fordham Law Review at
http://www.fordhamlawreview.org/symposia/3.

►Film: Michael Clayton (Big law and big corporates go head to head. And
what is the role of in house counsel? And what does it mean being a
“fixer” in a law firm?)
Legal Education:
 Flood, J. 2011. “Legal Education in the Global Context”. Draft report for
the Legal Services Board.
[http://www.johnflood.com/summerschool/Flood_Legal%20Educatio
n1.docx]
 Silver. C. 2002. “The case of the foreign lawyer: internationalising the
U.S. legal profession.” 25 Fordham International Law Journal 10391084.
[http://heinonline.org/HOL/Page?handle=hein.journals/frdint25&id=
1013&collection=journals&index=journals/frdint]
 Silver, C. 2011. “Educating Lawyers for the Global Economy”, Kyung
Hee University Law Review
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1519387]

Silver, C. 2011. The Variable Value of US Legal Education in the Global
Legal Services Market”. Georgetown Journal of Legal Ethics 1-57.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742031]
 Pue. W. 2001. “Globalisation and legal education.” 8 International
Journal of the Legal Profession 87-102.
 Law Without Walls. A new and radical approach to legal education that
embraces interdisciplinarity and cross-cultural mixes. Look at the
website, http://www.lawwithoutwalls.org/.
The Other:
 Liu. S. 2006. “Client influence and the contingency of professionalism:
the work of elite corporate lawyers in China.” 40 Law & Society Review
751-781.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw40&i
d=765&collection=journals&index=journals/lwsocrw]
 Michelson. E. 2006. “The practice of law as an obstacle to justice:
Chinese lawyers at work.” 40 Law & Society Review 1-38.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw40&i
d=3&collection=journals&index=journals/lwsocrw]
 Galanter. M. 1998. “The faces of mistrust: the image of lawyers in
public opinion, jokes and political discourse.” 66 University of
Cincinnati Law Review 805. (1-40).
[http://heinonline.org/HOL/Page?handle=hein.journals/ucinlr66&id=
815&collection=journals&index=journals/ucinlr]
Part 3 Globalization and Law now brings these two literatures together
as we explore the lawyer’s role in globalization. For this part we examine
various contexts including international finance, bankruptcy, arbitration,
guanxi, human rights.
Readings:
Globalization from above:
 Gessner. V. 2009. “Towards a Theoretical Framework for Contractual
Certainty in Global Trade”. In Gessner, ed, Contractual Certainty in
International Trade: Empirical Studies and Theoretical Debates on
Institutional Support for Global Economic Exchanges. Hart, 3-27.
[http://www.johnflood.com/summerschool/Gessner_01_Introduction
_edited.pdf]
 Callies, G-P. 2009. “Transnational Civil Regimes: Economic
Globalization and the Evolution of Commercial Law”. In Gessner, ed,
Contractual Certainty in International Trade: Empirical Studies and
Theoretical Debates on Institutional Support for Global Economic
Exchanges. Hart, 215-238.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631745]
 Sosa. F. 2009. “Cross-border Dispute Resolution from the Perspective
of Mid-sized Law Firms: The Example of International Commercial
Arbitration” In Gessner, ed, Contractual Certainty in International
Trade: Empirical Studies and Theoretical Debates on Institutional
Support for Global Economic Exchanges. Hart, 107-155.
[http://www.johnflood.com/summerschool/Gessner_05_Sosa.pdf]

Chen, X-P & Chen, C. 2004. “On the Intracacies of the Chinese Guanxi:
A Process Model of Guanxi Development”. 21 Asia Pacific Journal of
Management 305-324.
[http://www.johnflood.com/summerschool/guanxi%20XP_APJM_20
04_3.pdf]
 Richman, B. 2009. “Ethnic Networks, Extra-Legal Certainty and
Globalization: Peering into the Diamond Industry”. In Gessner, ed,
Contractual Certainty in International Trade: Empirical Studies and
Theoretical Debates on Institutional Support for Global Economic
Exchanges. Hart, 31-47.
[http://www.johnflood.com/summerschool/Gessner_02_Richman_ed
ited.pdf]
 Flood. J. 2001. “The vultures fly east: the creation and globalisation of
the distressed debt market.” In Nelken & Feest, eds, Adapting Legal
Cultures. Hart. 257-278.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=949581]
 Shamir, R. 2004. “Between Self-Regulation and the Alien Tort Claims
Act: On the Contested Concept of Corporate Social Responsibility”. 38
Law & Society Review 635-664.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw38&i
d=651&collection=journals&index=journals/lwsocrw]
►Film: Enron: The Smartest Guys in the Room (documentary about the
hubris of a company that idealized the new financial world and its
collapse and that of its professional advisers)
►Film: Inside Job (the recession: how bankers (and what about lawyers?)
caused the crisis).
 Rosen, R. 2003. “Risk Management and Corporate Governance: The
Case of Enron”. 35 Connecticut Law Review 1157-1184.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=468168]
 Gordon, R. 2003. “A new role for lawyers?: The corporate counselor
after Enron”. 35 Connecticut Law Review 1185-1216.
[http://www.johnflood.com/summerschool/RGordon_Enron.pdf]
Globalization from below:
 Klug. H. 2005. “Campaigning for life: building a new transnational
solidarity in the face of HIV/AIDS and TRIPS.” In Santos and
Rodriguez-Garavito, eds, Law and Globalization from Below: Towards
a Cosmopolitan Legality. Cambridge. 118-139
[http://www.scribd.com/doc/52849844/Boaventura-de-Sousa-Santosy-Rodriguez-Garavito-ed-Law-and-Globalization-from-BelowTowards-a-Cosmopolitan-Legality].*
 Houtzager. P. 2005. “The movement of the landless (MST), juridical
field, and legal change in Brazil.” Ibid. 218-240.
 Visvanathan. S. & Parmar. C. 2005. “Life, life world, and life chances:
vulnerability and survival in Indian constitutional law.” Ibid. 339-362.
 Santos. B. de Sousa. 2006. “The heterogeneous state and legal
pluralism in Mozambique” 40 Law & Society Review 39-76.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw40&i
d=41&collection=journals&index=journals/lwsocrw]
 Pirie. F. 2006. “Legal autonomy as political engagement: the Ladakhi
village in the wider world.” 40 Law & Society Review 77-103.
[http://heinonline.org/HOL/Page?handle=hein.journals/lwsocrw40&i
d=79&collection=journals&index=journals/lwsocrw]
►Film: The Castle (humorous Australian film about lawyers as heroes in
defence of basic rights. This is probably the only chance you’ll get of
seeing this.)
*The entire book can be downloaded from this website.