Robert Rosen - Academia.edu (original) (raw)

Papers by Robert Rosen

Research paper thumbnail of Shaming Penalties and Social Forgiveness Deficits

Research paper thumbnail of Devils, Lawyers and Salvation Lie in the Details: Deontological Legal Ethics, Issue Conflicts of Interest and Civic Education in Law Schools

This book examines the future education and conduct of lawyers through the rediscovery and settin... more This book examines the future education and conduct of lawyers through the rediscovery and setting out of the ethical dimension of legal education

Research paper thumbnail of Foreword to Selznick's Leadership in Administration

Research paper thumbnail of Rejecting the culture of independence: Corporate lawyers as committed to their clients

Studies in Law, Politics and Society, 2010

... LAWYERS AS COMMITTED TO THEIR CLIENTS Robert Eli Rosen ABSTRACT ... (Nelson, 1988, p. 231) Ro... more ... LAWYERS AS COMMITTED TO THEIR CLIENTS Robert Eli Rosen ABSTRACT ... (Nelson, 1988, p. 231) Robert Nelson's research debunks the independence of corporate law firms from their clients and the autonomy of lawyers within them to deviate from their clients' wishes. ...

Research paper thumbnail of In-House Counsel

International Encyclopedia of the Social & Behavioral Sciences, 2015

In-house counsel refers to professionally trained employees working for an organization's law... more In-house counsel refers to professionally trained employees working for an organization's law department. They may not be the only legally trained individuals working for the organization, nor the only employees responsible for the legal work of the organization. They are defined by working in a legal department and reporting to a chief legal officer/general counsel. Sociological research on in-house counsel has focused on in-house counsel being both organizational and professional actors.

Research paper thumbnail of A Few Good (and Angry) Men (and Woman)

… -THE CINEMA OF LAW, R. Strickland, et al., eds., p. …

... STRICKLAND, ET. AL., EDS. 2006)] Selde pledeth well the wrothe. 1 (The angry lawyer does not ... more ... STRICKLAND, ET. AL., EDS. 2006)] Selde pledeth well the wrothe. 1 (The angry lawyer does not plead well) This ancient maxim is honored in A Few Good Men by the prosecutor, who tells us that his job is to represent "the Government of the United States without passion or ...

Research paper thumbnail of All Fact is Beautiful Theory: The Romantic Philip Selznick

Issues in Legal Scholarship, 2012

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized ... more Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick's organicism is discussed and critiqued.

Research paper thumbnail of Complicating Law's Legitimation Processes

Law <html_ent glyph="@amp;" ascii="&"/> Social Inquiry, 2000

... Ledford and Espe-land demonstrated that to understand democratic orders, one must examine how... more ... Ledford and Espe-land demonstrated that to understand democratic orders, one must examine how legal orders condition them. ... Jonathan Simon&amp;#x27;s “Megan&amp;#x27;s Law: Governing through Crime in a Democratic Society” builds on both sets of articles, demonstrat-ing interactions ...

Research paper thumbnail of Corporations, Crime and Accountability

Contemporary Sociology, 1995

Research paper thumbnail of Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism

SSRN Electronic Journal, 2008

Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law... more Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law" should be understood as a reaction to what his theory characterizes as "the structural coupling of law, politics and the regulated areas." Gunther Teubner, Juridification: Concepts, Aspects, Limits, Solutions, in JURIDIFICATION OF SOCIAL SPHERES 3 (Gunther Teubner ed., 1987) [hereinafter Teubner, Juridification].

Research paper thumbnail of Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism

SSRN Electronic Journal, 2008

Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law... more Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law" should be understood as a reaction to what his theory characterizes as "the structural coupling of law, politics and the regulated areas." Gunther Teubner, Juridification: Concepts, Aspects, Limits, Solutions, in JURIDIFICATION OF SOCIAL SPHERES 3 (Gunther Teubner ed., 1987) [hereinafter Teubner, Juridification].

Research paper thumbnail of Agents and Norms Inside the Firm: Compliance Officials, Risk Analysis and Compliance Behaviors

Social Science Research Network, 2008

ABSTRACT In making decisions about their compliance with the law, firms are constrained not only ... more ABSTRACT In making decisions about their compliance with the law, firms are constrained not only by their environment, but also their agents&#39; understanding of whose (or what) interests the corporation should serve. In particular, compliance officials&#39; understandings will frame and influence their calculation of the value, benefits and costs of compliance activities. Corporate cultures regarding risk and compliance may contain not only instrumental and adaptive elements, but also latent identities. This paper uses data from a survey of the officials responsible for compliance in 999 large Australian businesses to examine (1) perceptions of the costs and benefits of compliance; and (2) reports of the firms&#39; compliance cultures and activities.

Research paper thumbnail of Deterring Both Spur-of-the-Moment and Carefully Planned Corporate Crimes

Jotwell the Journal of Things We Like, Apr 13, 2015

Research paper thumbnail of New Law School Fields of Study: Compliance and Risk Management

Jotwell the Journal of Things We Like, May 20, 2014

Research paper thumbnail of Inviting both Amos Tversky and Solomon Asch: It’s not all Casino Capitalism

Jotwell the Journal of Things We Like, Apr 20, 2011

Research paper thumbnail of Ethical Soap: \u3cem\u3eL.A. Law\u3c/em\u3e and the Privileging of Character

Research paper thumbnail of Ethical Soap: L.A. Law and the Privileging of Character

University of Miami law review, 1989

Research paper thumbnail of Organizational, Not transactional, Legal Engineers

Jotwell the Journal of Things We Like, Mar 9, 2012

Many are claiming that the market for legal talent is undergoing fundamental transformation. If s... more Many are claiming that the market for legal talent is undergoing fundamental transformation. If so, there are undoubtedly multiple causes, at the least because the legal market is a highly differentiated one. In the individual and personal plight sector, user-friendly consumer interfaces and legislative and judicial restrictions on access to justice are of importance. In the corporate sector, intelligent search engines, outsourcing and the internalization of legal work are of importance.

Research paper thumbnail of Unpopular Cultures: The Birth of Law and Popular Culture, Steve Redhead, Manchester and New York: Manchester University Press, 1995; 136 pp

Canadian journal of law and society, 1996

Unpopular Cultures is a surprising book. It is the first attempt to articulate the intersection o... more Unpopular Cultures is a surprising book. It is the first attempt to articulate the intersection of law and popular culture as a field of study. This is an extemely dynamic, fluid field, hence challenging to chart. Furthermore, popular culture is concerned, above all, with having fun, so it requires a special sensibility to do the subject justice. Steve Redhead brings just the right sensibility to the task. Unpopular Cultures is vibrant, subversive, erratic-exactly like the culture it maps-and reading it is an experience in itself. I would compare this experience to being in the driver's seat of a racing car in a video arcade, with the accelerator pedal pressed to the floor, and the configurations on the screen shifting shape and careening past you at lightning speed. Reading Redhead is (almost) a postliterate experience, which is as reading should be in the accelerated televisual culture of the late 20th century that he portrays in this book. The field of law and popular culture, considered as a discipline, would appear to have three main foci: governance, transgression and disappearance. Thus, one finds that there are moments in Unpopular Cultures when Redhead focusses on the ways in which the law seeks to regulate or "govern" popular culture; at other moments he concentrates on showing how popular culture constantly exceeds or "transgresses" the bounds of law; some of the best moments in the book come when he zeroes in on the "disappearance" of law into popular culture. A few of the case studies in the governance of popular culture discussed by Redhead include: the ways in which national and local governments have become involved in the definition and production of "the popular" through the establishment of ministries of sport, national heritage, multiculturalism, etc.; the ways pressure groups have invoked the law to censor rock and rap music lyrics perceived (by them) to be obscene or hateful; and Alan Hunt's brand new study

Research paper thumbnail of Resistances to Reforming Corporate Governance: The Diffusion of QLCC's

Fordham Law Review, Vol. 74, p. 1251, 2005, 2005

Widen. I also thank the lawyers who shared their time to discuss Qualified Legal Compliance Commi... more Widen. I also thank the lawyers who shared their time to discuss Qualified Legal Compliance Committees ("QLCCs"). Many of these lawyers are quoted herein. Their anonymity is protected by identifying them only by whether they were inside or outside counsel at the time of the interview.

Research paper thumbnail of Shaming Penalties and Social Forgiveness Deficits

Research paper thumbnail of Devils, Lawyers and Salvation Lie in the Details: Deontological Legal Ethics, Issue Conflicts of Interest and Civic Education in Law Schools

This book examines the future education and conduct of lawyers through the rediscovery and settin... more This book examines the future education and conduct of lawyers through the rediscovery and setting out of the ethical dimension of legal education

Research paper thumbnail of Foreword to Selznick's Leadership in Administration

Research paper thumbnail of Rejecting the culture of independence: Corporate lawyers as committed to their clients

Studies in Law, Politics and Society, 2010

... LAWYERS AS COMMITTED TO THEIR CLIENTS Robert Eli Rosen ABSTRACT ... (Nelson, 1988, p. 231) Ro... more ... LAWYERS AS COMMITTED TO THEIR CLIENTS Robert Eli Rosen ABSTRACT ... (Nelson, 1988, p. 231) Robert Nelson&amp;amp;amp;#x27;s research debunks the independence of corporate law firms from their clients and the autonomy of lawyers within them to deviate from their clients&amp;amp;amp;#x27; wishes. ...

Research paper thumbnail of In-House Counsel

International Encyclopedia of the Social & Behavioral Sciences, 2015

In-house counsel refers to professionally trained employees working for an organization's law... more In-house counsel refers to professionally trained employees working for an organization's law department. They may not be the only legally trained individuals working for the organization, nor the only employees responsible for the legal work of the organization. They are defined by working in a legal department and reporting to a chief legal officer/general counsel. Sociological research on in-house counsel has focused on in-house counsel being both organizational and professional actors.

Research paper thumbnail of A Few Good (and Angry) Men (and Woman)

… -THE CINEMA OF LAW, R. Strickland, et al., eds., p. …

... STRICKLAND, ET. AL., EDS. 2006)] Selde pledeth well the wrothe. 1 (The angry lawyer does not ... more ... STRICKLAND, ET. AL., EDS. 2006)] Selde pledeth well the wrothe. 1 (The angry lawyer does not plead well) This ancient maxim is honored in A Few Good Men by the prosecutor, who tells us that his job is to represent "the Government of the United States without passion or ...

Research paper thumbnail of All Fact is Beautiful Theory: The Romantic Philip Selznick

Issues in Legal Scholarship, 2012

Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized ... more Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick's organicism is discussed and critiqued.

Research paper thumbnail of Complicating Law's Legitimation Processes

Law <html_ent glyph="@amp;" ascii="&"/> Social Inquiry, 2000

... Ledford and Espe-land demonstrated that to understand democratic orders, one must examine how... more ... Ledford and Espe-land demonstrated that to understand democratic orders, one must examine how legal orders condition them. ... Jonathan Simon&amp;#x27;s “Megan&amp;#x27;s Law: Governing through Crime in a Democratic Society” builds on both sets of articles, demonstrat-ing interactions ...

Research paper thumbnail of Corporations, Crime and Accountability

Contemporary Sociology, 1995

Research paper thumbnail of Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism

SSRN Electronic Journal, 2008

Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law... more Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law" should be understood as a reaction to what his theory characterizes as "the structural coupling of law, politics and the regulated areas." Gunther Teubner, Juridification: Concepts, Aspects, Limits, Solutions, in JURIDIFICATION OF SOCIAL SPHERES 3 (Gunther Teubner ed., 1987) [hereinafter Teubner, Juridification].

Research paper thumbnail of Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism

SSRN Electronic Journal, 2008

Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law... more Substantive and Reflexive Elements], and claims that all "new governance" or "alternatives to law" should be understood as a reaction to what his theory characterizes as "the structural coupling of law, politics and the regulated areas." Gunther Teubner, Juridification: Concepts, Aspects, Limits, Solutions, in JURIDIFICATION OF SOCIAL SPHERES 3 (Gunther Teubner ed., 1987) [hereinafter Teubner, Juridification].

Research paper thumbnail of Agents and Norms Inside the Firm: Compliance Officials, Risk Analysis and Compliance Behaviors

Social Science Research Network, 2008

ABSTRACT In making decisions about their compliance with the law, firms are constrained not only ... more ABSTRACT In making decisions about their compliance with the law, firms are constrained not only by their environment, but also their agents&#39; understanding of whose (or what) interests the corporation should serve. In particular, compliance officials&#39; understandings will frame and influence their calculation of the value, benefits and costs of compliance activities. Corporate cultures regarding risk and compliance may contain not only instrumental and adaptive elements, but also latent identities. This paper uses data from a survey of the officials responsible for compliance in 999 large Australian businesses to examine (1) perceptions of the costs and benefits of compliance; and (2) reports of the firms&#39; compliance cultures and activities.

Research paper thumbnail of Deterring Both Spur-of-the-Moment and Carefully Planned Corporate Crimes

Jotwell the Journal of Things We Like, Apr 13, 2015

Research paper thumbnail of New Law School Fields of Study: Compliance and Risk Management

Jotwell the Journal of Things We Like, May 20, 2014

Research paper thumbnail of Inviting both Amos Tversky and Solomon Asch: It’s not all Casino Capitalism

Jotwell the Journal of Things We Like, Apr 20, 2011

Research paper thumbnail of Ethical Soap: \u3cem\u3eL.A. Law\u3c/em\u3e and the Privileging of Character

Research paper thumbnail of Ethical Soap: L.A. Law and the Privileging of Character

University of Miami law review, 1989

Research paper thumbnail of Organizational, Not transactional, Legal Engineers

Jotwell the Journal of Things We Like, Mar 9, 2012

Many are claiming that the market for legal talent is undergoing fundamental transformation. If s... more Many are claiming that the market for legal talent is undergoing fundamental transformation. If so, there are undoubtedly multiple causes, at the least because the legal market is a highly differentiated one. In the individual and personal plight sector, user-friendly consumer interfaces and legislative and judicial restrictions on access to justice are of importance. In the corporate sector, intelligent search engines, outsourcing and the internalization of legal work are of importance.

Research paper thumbnail of Unpopular Cultures: The Birth of Law and Popular Culture, Steve Redhead, Manchester and New York: Manchester University Press, 1995; 136 pp

Canadian journal of law and society, 1996

Unpopular Cultures is a surprising book. It is the first attempt to articulate the intersection o... more Unpopular Cultures is a surprising book. It is the first attempt to articulate the intersection of law and popular culture as a field of study. This is an extemely dynamic, fluid field, hence challenging to chart. Furthermore, popular culture is concerned, above all, with having fun, so it requires a special sensibility to do the subject justice. Steve Redhead brings just the right sensibility to the task. Unpopular Cultures is vibrant, subversive, erratic-exactly like the culture it maps-and reading it is an experience in itself. I would compare this experience to being in the driver's seat of a racing car in a video arcade, with the accelerator pedal pressed to the floor, and the configurations on the screen shifting shape and careening past you at lightning speed. Reading Redhead is (almost) a postliterate experience, which is as reading should be in the accelerated televisual culture of the late 20th century that he portrays in this book. The field of law and popular culture, considered as a discipline, would appear to have three main foci: governance, transgression and disappearance. Thus, one finds that there are moments in Unpopular Cultures when Redhead focusses on the ways in which the law seeks to regulate or "govern" popular culture; at other moments he concentrates on showing how popular culture constantly exceeds or "transgresses" the bounds of law; some of the best moments in the book come when he zeroes in on the "disappearance" of law into popular culture. A few of the case studies in the governance of popular culture discussed by Redhead include: the ways in which national and local governments have become involved in the definition and production of "the popular" through the establishment of ministries of sport, national heritage, multiculturalism, etc.; the ways pressure groups have invoked the law to censor rock and rap music lyrics perceived (by them) to be obscene or hateful; and Alan Hunt's brand new study

Research paper thumbnail of Resistances to Reforming Corporate Governance: The Diffusion of QLCC's

Fordham Law Review, Vol. 74, p. 1251, 2005, 2005

Widen. I also thank the lawyers who shared their time to discuss Qualified Legal Compliance Commi... more Widen. I also thank the lawyers who shared their time to discuss Qualified Legal Compliance Committees ("QLCCs"). Many of these lawyers are quoted herein. Their anonymity is protected by identifying them only by whether they were inside or outside counsel at the time of the interview.