Bryant Garth

Bryant Garth
University of California, Irvine | UCI · School of Law

J.D., PhD

About

131
Publications
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2,631
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Publications

Publications (131)
Chapter
This chapter introduces the volume, documents evidence of the globalization of legal education in a particular way that draws on the US model, and examines the processes that account for this US influence that grew with the end of the Cold war and the rise of corporate law firms and neoliberal economic processes. It talks, for example, about the di...
Chapter
This chapter covers battles around legal education reform in India. Such battles have long played a strategic role in law and development efforts around the world whether promoted from abroad or from local importers. The chapter employs the theoretical concept of a “legal revolution” developed by Harold Berman in his famous books on law and revolut...
Chapter
This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then a...
Chapter
Full-text available
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
Full-text available
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
Full-text available
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
Full-text available
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Chapter
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Book
Full-text available
This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with...
Article
This article, invited by the editors, provides us with an opportunity to reflect on a scholarly collaboration of more than 30 years. Looking backwards, we believe our success has come in part from the different backgrounds that we bring to our collaboration. It also comes from the fact that neither of us at the time we met was comfortable with the...
Article
For more than a century, a partnership position in a large corporate law firm has almost universally been held out as the singular mark of success for those with a law degree. We find that despite significant transformations in the profession, including dramatic expansion in size and the opening of corporate law positions to women, minorities, and...
Article
Full-text available
This book, dedicated to Charles N. Brower, a prominent international arbitrator, provides a window into the field of international commercial arbitration. It is a depiction and embodiment of the state of what can be called ‘insiders’ international arbitration. It purports to be about ‘practicing virtue,’ providing keys to the actual work of interna...
Article
Esse artigo propõe uma nova abordagem para o estudo de satisfação profissional nas carreiras jurídicas. A partir de um quadro analítico Bourdiesiano de compreensão da relação entre classe social e inclinações, sustentamos que satisfação profissional depende em parte das origens sociais e das credenciais relacionadas à essas origens, cuj...
Chapter
Our discussion of “legal thought” focuses on the relationship between learned law and economic and political power. It begins by introducing Pierre Bourdieu’s writings on the role of law and legal theories, which provide a general sociological framework, and then it draws on that approach to examine the role of learned law in the United States. Tha...
Article
The growth of corporate law firms in emerging markets is mainly followed by practitioner journals reporting new offices and mergers, the openness of markets to non-national lawyers, and various rankings of local and transnational law firms. There is a small but growing academic literature that, for the most part, relies on US theoretical models, as...
Article
Full-text available
This article starts from the useful image of professions as ‘Lords of the Dance’ playing central roles in constructing and managing institutions. Drawing on our own comparative research and Pierre Bourdieu’s sociological approach, we present an alternative and in part complementary analysis of the presumed phenomenon. We suggest that a focus on pro...
Article
Full-text available
This article is about the field of socio-legal studies and the sociology of the field. This division enables working with two dimensions of the author’s socio-legal scholarly personality, especially as it relates to Brazil. It is going to try to describe, not prescribe, and the description is very preliminary. It is in part meant to provoke respons...
Article
Full-text available
A construção legal de uma política de notáveis. A história do Bar Indiano ilustra os fatores sociais que determinam o entrelaçamento entre direito e política – assim como seus altos e baixos. Assim, a mobilização do Bar contra o estado de emergência imposto por Indira Gandhi não foi suficiente para restaurar seu crédito político, obtido durante as...
Chapter
The article defines international arbitration, distinguishing between state-state arbitration, international commercial arbitration, and investment arbitration. It shows how international commercial arbitration became the default dispute resolution mechanism for transnational commercial disputes in the 1980s, and how the field has prospered since t...
Article
This article, part of a symposium on the future of legal education, examines the rhetoric of crisis today, compares it to the rhetoric of crisis in the 1930s, the closest analogue to the present, and points out that there are strikingly similar themes: too many lawyers; stagnant growth in legal services, caused in part by competitors taking legal b...
Article
Full-text available
Drawing on sociological research, the article explores the question of "spillover" at national and transnational levels. It asks, in particular, whether both sides of a potential transnational legal order -- the private law side of economic law and corporate law firms on one side, and the world of NGOs and human right on the other -- might develop...
Article
Courts play a central role in legal and political processes in many countries in the common law world. Legal actors have a stake in making sure that legal processes and procedures are perceived as legitimate, both by the general population and professionals. Civil procedure, in both common law and civilian legal systems, has been historically known...
Article
In the last ten years, the promotion of the rule of law has become one of the essential components of the politics of international developmental assistance. Paradoxically, the rather substantial investments that have taken place both financially and professionally, according to most commentators, have not had results proportional to the amounts in...
Article
This article draws on research by the authors, especially in Latin America and Asia, to give concrete sociological meaning to the processes of globalization of governing expertise. The article relates professional competition, competing discourses of universals, and imperial competition to the reproduction of state elites and the construction of fi...
Article
The paper begins by exploring literature on the legal profession that tends to obscure questions at the heart of our research. It then turns to our approach, drawing on Pierre Bourdieu, which looks beyond the category of profession as such to the social space in which professions are situated. The key from our perspective is to examine both the soc...
Article
Drawing on examples from the fields of international commercial arbitration and international human rights, in particular, and also on trade, intellectual property and governance, this article explores the processes through which transnational norms are created and legitimated. The article rejects approaches that presume an international consensus...
Article
Full-text available
On the basis of qualitative interviews as part of the After the J.D. Project, the paper explores the attrition of associates in corporate law firms. One aspect of the paper explores the continuing high attrition among women and minorities and how that is produced. The other aspect focuses on the more general reluctance of associates generally, and...
Article
Access to justice is both a topic of engaged social-legal research and a key component of legal professional ideology. There is a relationship between the two. The more committed the organized legal profession to the issue of access to justice, the higher the profile of scholarly research on topics that relate in one form or another to access to ju...
Article
This chapter will appear in the forthcoming book edited by Robert Granfield and Lynn Mather entitled Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession (Oxford University Press 2009). Drawing on the sociological theory of Pierre Bourdieu and data from the first wave of the After the J.D. Project, the chap...
Article
This article stresses the continuities between the US policy of moral imperialism, implemented during the colonization of the Philippines in the early 20th century, and the strategies of symbolic domination that buttressed US hegemony during the Cold War. The Wall Street lawyers who sought to make colonialism legitimate also happen to be the foundi...
Article
This paper draws on research conducted in Asia that will be the basis for a forthcoming book entitled Revamping Legal Virtue: Legal Strategies, True Believers, and Profiteers in the Market for Global Hegemony. This paper explores the connections between legal idealism, imperial processes, and the reproduction of hierarchy. The examples come from im...
Article
This article stresses the continuities between the US policy of moral imperialism, implemented during the colonization of the Philippines in the early 20th century, and the strategies of symbolic domination that buttressed US hegemony during the Cold War. The Wall Street lawyers who sought to make colonialism legitimate also happen to be the foundi...
Article
Full-text available
Este libro presenta a la comunidad académica, nacional e internacional, cuatro estudios de caso sobre el movimiento de derechos humanos argentino y chileno, el movimiento de la justicia alternativa brasilero, el proceso de la reforma de la justicia penal en Chile y el proceso de construcción de los derechos de los pueblos indígenas en Colombia; sob...
Chapter
At the end of the twentieth century, scholars from many disciplines noted the rise of “norms” or even “legalization” in U.S. Foreign policy and in the practice of international relations more generally. Legal debates about the rules for governing foreign relations and questions of how to enforce desirable laws such as those outlawing genocide or et...
Chapter
The "globalization of the law" became a central topic in legal and social science scholarship in the 1980s. The topic refers to "legalization" diffused into two related kinds of domains. First, it refers to the development of and enhanced role for legal rules and procedures in transnational political and economic matters. Second, the topic refers t...
Article
This article proposes a new approach to the study of job satisfaction in the legal profession. Drawing on a Bourdieusian understanding of the relationship between social class and dispositions, we argue that job satisfaction depends in part on social origins and the credentials related to these origins, with social hierarchies helping to define the...
Article
Full-text available
This talk at the dedication of a chair in international law at Loyola in Chicago focused on what might be done to rebuild international law after September 11 and the Bush administration's rejection of many potentially progressive international obligations. It suggests that the way forward is not necessarily to revive uncritically the supposedly em...
Article
Full-text available
This article, based on the first wave of the After the J.D. data, explores the history of urban law schools and asks whether they play the same role today as in the past. In particular, it asks whether the urban, Catholic, and independent categories of law schools located in major urban centers play a distinctive role today or whether law school ra...
Article
This review explores the creation and transformation of the field of international human rights in the period after World War II. The narrative proceeds through an examination, based on documentary evidence and interviews, of three generations of human rights nongovernmental organizations: the International Commission of Jurists, Amnesty Internatio...
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Full-text available
Drawing on the sociological tools of Pierre Bourdieu, this chapter traces the role of law in U.S. foreign policy over the course of the twentieth century, showing the rise of the so-called Foreign Policy Establishment led by corporate lawyers representing themselves and their clients - while also working to construct and embody the state. It shows...
Article
This paper analyses the production and international diffusion of different forms of State expertise, such as economics, from a threefold perspective: hegemonic strategies structured around the Cold War, professional rivalries between lawyers and economists within the field of state power and the internationalisation of the academic circuits for th...
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Full-text available
This Foreword introduces a Symposium issue of the Wisconsin Law Review devoted to the New Legal Realism Project. The NLR Project is aimed at developing a sophisticated interdisciplinary approach for translating social science in legal settings. One core focus is combining qualitative and quantitative research to yield a more accurate picture of law...
Article
Cet article analyse la production et la diffusion internationale des savoirs d'État, comme l'économie, d'un triple point de vue : les stratégies hégémoniques de la guerre froide, les rivalités professionnelles entre juristes et économistes dans les champs nationaux du pouvoir d'État et l'internationalisation des filières savantes de reproduction de...
Article
Drawing on the career of Philip Corboy, this article examines the construction of the plaintiffs' personal injury bar in the second half of the 20th century. Through a relational biography based on Mr. Corboy's career, we look at the development of this subprofession in the context of the sociopolitical environment within which Mr. Corboy and his p...
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The recent book by Antoine Vauchez, L’union par le droit (2013), emphasizes the dramatic legal changes that came with the development of the European Community. He focuses especially on how the legal categories of community law were able to break with ‘national constitutional traditions’. The establishment of the European Community – what Walter Ha...
Article
This article uses interviews and comparative professional histories to explore the stakes of the battle-pre-Enron and seen in reactions to the Enron crisis-between the organized bar and the multidisciplinary practices (MDPs) associated with the Big Five accounting firms and their law firms. The paper examines modes of professional practice-family,...
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Full-text available
In this Comment to Professor Wilkins' article "Doing Well by Doing Good? The Role of Public Service in the Careers of Black Corporate Lawyers," Professor Garth cautions that the market for the kind of public service opportunities that are likely to benefit a lawyer's career in private practice may be nearly as closed as the market for law firm part...
Article
How does globalization work? Focusing on Latin America, Yves Dezalay and Bryant G. Garth show that exports of expertise and ideals from the United States to Argentina, Brazil, Chile, and Mexico have played a crucial role in transforming their state forms and economies since World War II. Based on more than 300 extensive interviews with major player...
Article
Celebrations of the career of Willard Hurst tend to concentrate, quite understandably, on his scholarship in legal history. Most of those who now read and comment on his works are professional legal historians, and they tend to read and define Hurst according to that professional identification. This article takes a different approach, concentratin...
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Full-text available
O artigo tem por objetivo analisar a crescente importância dos técnico-políticos no comando de posições-chave de poder em países latino-americanos. Esses profissionais, que combinam conhecimento técnico especializado com sensibilidade política, têm suas carreiras construídas em mercados internacionais de conhecimento técnico centrados nos Estados U...
Article
This paper uses the example of the history of the movement for the protection of human rights to examine 1) the connection between NGOs and philanthropy and the field of state power in the United States, and, in particular, the similarities of the continuing strategy of learned investment outside the state which serves to build the legitimacy of th...
Article
In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace. Building on Pierre Bourdieu's...
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Full-text available
Menschenrechte und hegemonische Philanthropie. Der Artikel behandelt vor dem Hintergrund der amerikanischen Menschenrechtsbewegung die zwischen nichtstaatlichen Organisationen, den Wohltatigkeitsstiftungen und der staatlichen Gewalt bestehenden Beziehungen. Insbesondere wird einer Reihe von dieser hegemonischen Kooperation entspringenden Paradoxen...
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El « Washington Consensus ». Este articulo, basado en un trabajo de investigacion eminentemente bibliografico, tiene por objeto explorar la construccion del «Washington Consensus», expresion que designa las politicas economicas ortodoxas - desregulacion, privatizacion, liberalizacion de los intercambios, etc. - que las instituciones financieras int...
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This article tells the story of the establishment of the Law and Society Association in the early to mid-1960s. To tell the story, the authors concentrate on the personal stories of the individuals active in that early period and on four university campus sites - the University of California at Berkeley, the University of Denver, Northwestern Unive...
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This re-examination of the relationship between law and business, and how it may be changing in relation to internationalization, responds especially to some proponents of relational capitalism as an alternative to law or Weberian capitalism, particularly in Asia. It rejects the conceptualization as a dichotomy of the relationship between technical...
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This article seeks to show the way that professional competition, including academic competition, about the definitions and categories of dispute resolution transforms the field of business disputing. It draws on extensive interviews and focuses on two case studies. The first is “international commercial arbitration,” and the second is the ADR move...

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