University of Miami School of Law
GLOBAL LAWYERING and ENTREPRENEURSHIP
Professor John Flood
Contact details: email: john@johnflood.com
Course blog: globallawyering.blogspot.co.uk.
Phone: 0780 170 5669
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. The emphasis will be on the changes that are taking place in
the UK legal services market. For Americans, what the UK is doing will appear
startling. The course will be assessed by an open-book examination.
Note: All the materials can be downloaded.
The syllabus, announcements, assignments, comments will be placed on
globallawyering.blogspot.co.uk. I will use this blog to update the course as we go
along.
Introduction
Rule 5.4 of the ABA Model Rules of Professional Conduct has been abandoned in the
UK. Anyone can own a law firm, ie, you do not have to be a lawyer. Anyone can be a
partner in a law firm, ie, you do not have to be a lawyer. The vehicle for this
transformation is the Alternative Business Structure about which we will hear more
in the course.
The readings will provide a grounding in the legal profession of both the US and the
UK for you to understand the differences. They are prefaced by some materials on
globalization which now determines our fates. For example, see how the Eurozone
crisis is being played out on the global stage. It is not merely a European event; if it
continues it will affect the US and China. The legal profession is very much part of
this process.
The course will consist of the readings below, guest speakers 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
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comes from the English legal profession, which considers itself to be historically the
progenitor of legal globalization.
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 Prof Eli Wald. 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.
Note on Films: 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.
Take note that we might not watch all the films and if a particular film seems more
apposite, I will substitute.
Note on Readings: Since we are dealing with a fast changing world a number of
readings will have to be accessed electronically. This will especially apply to changes
in the UK legal profession in the present time. When I can provide electronic
sources, I will do so. You will also be assigned readings as they become available
during the course: again this is to do with speed of change in the legal services
market.
Note on Speakers: I hope to bring in speakers who represent different segments of
the legal services market from regulators to practitioners. They will not represent
what you might consider the “normal” sense of the legal profession. Note, that the
speakers comments constitute material you can use in your examination.
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
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fourth group which looks at globalization from a critical and radical perspective, the
view from the south (eg, Santos).
Readings (most available online):
 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/ohmae.s
html] and
[http://downloads.bbc.co.uk/worldservice/learningenglish/handy/ohmae.p
df]). 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/6-1/6-1cuttitta.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 393399
[http://www.boaventuradesousasantos.pt/media/pdfs/Globalizations_Theo
ry_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/globalization-oxford.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.html].
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:
 Gordon. R. 2006. “Money! Power! Ambition gone awry! A frank history of
the big-time American lawyer.” LegalAffairs.org. 1-8.
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[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/how-thecravath.html.
 Henderson, B. 2008. “Part II: How Most Law Firms Misapply the ‘Cravath
System’” at
http://lawprofessors.typepad.com/legal_profession/2008/07/part-ii-howmos.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-americannazi-businessties/.
NB. It’s worth looking at Skadden and Wachtell together because they exemplify
the role of the “outsider” in law. Eli Wald provides an article 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]
 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_Elephant_B
utterfly.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_Update_El
ephant.docx]

►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:
 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://www.johnflood.com/summerschool/44ArizLRev637.pdf]
 Wilkins, D. 2012. “Is the In-House Counsel Movement Going Global? A
Preliminary Assessment of the Role of Internal Counsel in Emerging
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Economies”. 2012 (2) Wisconsin Law Review 252-304.
[http://wisconsinlawreview.org/wp-content/files/2-Wilkins.pdf]
 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. 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]
 Parker, C & Rostain, T. 2012. “Law Firms, Global Capital, and the
Sociological Imagination”. 80 Fordham Law Review 2347-2381.
[http://fordhamlawreview.org/assets/pdfs/Vol_80/ParkerRostain_May.pdf
]
 DeMott, D. 2012. “The Stages of Scandal and the Roles of General Counsel”.
2012 (2) Wisconsin Law Review 463-494.
[http://wisconsinlawreview.org/wp-content/files/8-DeMott-vF.pdf]
Regulation:
 Chambliss, E. 2010. “Measuring Law Firm Culture”. 52 Law, Politics and
Society 1-31.
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1713999]
 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%20consultati
on_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_AP
EC.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_SSRN_I
D1516314_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://papers.ssrn.com/sol3/papers.cfm?abstract_id=1688999]
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
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_regul
ation.docx]
 “The Economic Downturn and the Legal Profession”. Symposium in 78
Fordham Law Review at http://www.fordhamlawreview.org/symposia/3.
 Terry, L, Mark, S & Gordon, T. 2012. “Trends and Challenges in Lawyer
Regulation: The Impact of Globalization and Technology”. 80 Fordham Law
Review 2661-2684.*
[http://fordhamlawreview.org/assets/pdfs/Vol_80/TerryMarkGordonTre
nds_May.pdf]
►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.legalservicesboard.org.uk/news_publications/latest_news/pdf
/lsb_legal_education_report_flood.pdf]
 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. 2012. “States Side Story: Career Paths of International LL.M.
Students, or ‘I Like to Be in America’”. 80 Fordham Law Review 2383-2440.
[http://fordhamlawreview.org/assets/pdfs/Vol_80/Silver_May.pdf]
 Ballakrishnen, S. 2012. “Homeward Bound: What Does a Global Legal
Education Offer the Indian Returnee?” 80 Fordham Law Review 2441-2480.
[http://fordhamlawreview.org/assets/pdfs/Vol_80/Ballakrishnen_May.pdf
]
 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:
 Li, X & Liu. S. 2012. “The Learning Process of Globalization: How Chinese
Law Firms Survived the Financial Crisis”. 80 Fordham Law Review 28472866. [http://fordhamlawreview.org/assets/pdfs/Vol_80/LiLiu_May.pdf]
 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://marcgalanter.net/Documents/papers/TheFacesofMistrust.pdf]
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:
 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:
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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_2004_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_edited.p
df]
 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]
►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]
 Hosier, M. 2012. “Changes in the Regulation of the Legal Profession in
Bailed Out Ireland: For Better or Worse?”
[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2033714]
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/Boaventurade-Sousa-Santos-y-Rodriguez-Garavito-ed-Law-and-Globalization-fromBelow-Towards-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.
►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 symposium, Globalization and the Legal Profession, is at
http://fordhamlawreview.org/symposia/37
**The entire book can be downloaded from this website.
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