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1 The Law Firms Working Group ASSOCIATES, PARTNERS, & TOURNAMENT THEORY BIBLIOGRAPHY KEITH BUCKLEY Associate Librarian and Lecturer in Law M.L.S., 1980, J.D., 1989, Indiana University June 2006 This bibliography compiles information about resources that primarily discuss associates, partners, and tournament theory in the legal profession. Subcategores include associates, partners, tournament theory, social science perspectives, race and the law firm, and gender and the law firm.
2 ASSOCIATES, PARTNERS, TOURNAMENT THEORY Books Galanter, M. (1991). Tournament of Lawyers: the Transformation of the Big Law Firm. Chicago: University of Chicago Press. Heinz, J. P., Nelson, R. L., & Laumann, E. O. (2000). The Scale of Justice: Observations on the Transformation of Urban Law Practice. Evanston, Ill.: Institute for Policy Research, Northwestern University. Kelly, M. J. (1994). Lives of Lawyers: Journeys in the Organizations of Practice. Ann Arbor: University of Michigan Press. Lazega, E. (2001). The Collegial Phenomenon: the Social Mechanisms of Cooperation among Peers in a Corporate Law Partnership. Oxford: Oxford University Press. Parsons, M. (2004). Effective Knowledge Management for Law Firms. Oxford: Oxford University Press. Articles Associates Bahls, S. C. (2002). Generational change and the problem of associate retention. Capitol University Law Review, 29, Fortney, S. S. (2000). Soul for sale: an empirical study of associate satisfaction, law firm culture, and the effects of billable hour requirements. UMKC Law Review, 69, Fox, L. J. (2000). I'm just an associate... at a New York firm. Fordham Law Review, 69, Ginsburg, T., & Wolf, J. A. (2004). The market for elite law firm associates. Florida State University Law Review, 31, Gorman, E. H. (1999). Moving away from "up or out": determinants of permanent employment in law firms. Law & Society Review, October 33, Kay, F. M. (1997). Flight from law: a competing risks model of departures from law firms. Law & Society Review, 31, Kordana, K. A. (1995). Law firms and associate careers: tournament theory versus the production-imperative model. Yale Law Journal, 104, Mazares, G. J. (2002). Associate retention for law firms: what are your lawyers saying about you? Capitol University Law Review, 29, Richmond, D. R. (1997). Associates as snitches and rats. Wayne Law Review, Fall 43, Reiland, R. (Current Developments ). The duty to supervise and vicarious liability: why law firms, supervising attorneys and associates might want to take a closer look at Model Rules 5.1, 5.2 and 5.3. Georgetown Journal of Legal Ethics, Summer 2001, 14(4), Sherer, P. D. (1995). Leveraging human assets in law firms: human capital structures and 2
3 organizational capabilities. Industrial & Labor Relations Review, July 48, Articles Partners Bierman, L. & Gely. (2003). So, you want to be a partner at Sidley & Austin? Houston Law Review, 40, Corwin, L. D. (1998). Response to Loyalty in the firm: a statement of general principles on the duties of partners withdrawing from law firms. Washington & Lee Law Review, 55, DeMott, D. A. (1998). The faces of loyalty: a comment on Hillman, Loyalty in the firm: a statement of general principles on the duties of partners withdrawing from law firms. Washington & Lee Law Review, 55, Fortney, S. S. (1995). Am I my partner's keeper? Peer review in law firms. University of Colorado Law Review, 66, Fortney, S. S. (1997). Are law firm partners islands unto themselves? An empirical study of law firm peer review and culture. Georgetown Journal of Legal Ethics, 10, Fox, L. J. (2005). The end of partnership. Fordham Urban Law Journal, 33, Frankel, T. (2001). Non-compete obligations of departing star partners and the right of clients to their continued success. Villanova Journal of Law and Investment Management, 2, 6-. Grand, R. B. (2005). It's only disclosure: a modest proposal for partnership reform. New York University Journal of Legislation & Public Policy, 8, Hillman, R. W. (1998). Loyalty in the firm: a statement of general principles on the duties of partners withdrawing from law firms. Washington & Lee Law Review, 55, Hillman, R. W. (2003). The property wars of law firms: of client lists, trade secrets and the fiduciary duties of law partners. Florida State University Law Review, Summer 30, Vestal, A. W. (1998). Law partner expulsions. Washington & Lee Law Review, 55, General Practice of Law & Law Firms Asimow, M. (2001). Law and popular culture: embodiment of evil: law firms in the movies. UCLA Law Review, 48, Fortney, S. S. (2005). The billable hours derby: empirical data on the problems and pressure points. Fordham Urban Law Journal, 33, Galanter, M. & Palay, T. (1995). The many futures of the big law firm. South Carolina Law Review, 45, Green, B. A. (2005). Professional challenges in large firm practices. Fordham Urban Law Journal, 33, 7-. Hillman, R. W. (2005). Ties that bind and restraints on lawyer competition: restrictive covenants as conditions to the payments of retirement benefits. Indiana Law Review, 39, 1-. 3
4 Kay, F. M., Hagan, J., Chiu, C., Leicht, K. T., Boon, A., Flood, J. et al. (1999).Changing employment statuses in the practice of law. Law & Society Review, 33(3), Patton, P. A. (2005). Large law firms and their role in the educational continuum of lawyers. Fordham Urban Law Journal, 33, Price, B. M. (2005). A Butterfly flaps its wings in Menlo Park: an organizational analysis of increases in associate salaries. Wisconsin Law Review, 2, Saunders, P. C. (2006). When compensation creates culture. Georgetown Journal of Legal Ethics, 19, Thomas, R. S., Schwab, S. J., & Hansen, R. G. (2001). Megafirms. North Carolina Law Review 80, Wilborn, S. E., Krotoszynski, & Ronald J. Jr. (1996). Views from the front: a dialog about the corporate law firm. Utah Law Review, 4, Wilkins, D.B. & Gulati, G. M. (2001). What law students think they know about elite law firms: preliminary results of a survey of third year law students. University of Cincinnati Law Review, 69, Tournament Theory Bainbridge, S. M. (2004). The tournament at the intersection of business and legal ethics. University of St. Thomas Law Journal, 1, Galanter, M. S. & Palay, T. M. (1990). Why the big get bigger: the promotion-to-partner tournament and the growth of large firms. Virginia Law Review, 76, Galanter, M. & Palay, T. M. (1998). A little jousting about the big law firm tournament. Virginia Law Review, 84, Galanter, M. & Palay, T. M. (1999). Large law firm misery: it's the tournament, not the money. Vanderbilt Law Review, 52, Price, B. M.(2003). How green was my valley? An examination of tournament theory as a governance mechanism in Silicon Valley law firms. Law & Society Review, 37(4), Regan, Jr., M.C. (1999). Law firms, competition penalties, and the values of professionalism. Georgetown Journal of Legal Ethics, 13, 1-. Ribstein, L. E. (1998). Ethical rules, agency costs, and law firm structure. Virginia Law Review, 84, Rutherglen, G. & Kordana, K.A. (1998). A farewell to tournaments? The need for an alternative explanation of law firm structure and growth. Virginia Law Review, 84, Wilkins, D. B. & Gulati, G. M. (1998). Reconceiving the tournament of lawyers: tracking, seeding, and information control in the internal labor markets of elite law firms. Virginia Law Review, 84,
5 Social Science Perspectives Boon, A., et. al. (1999). Trials of strength: the reconfiguration of litigation as a contested terrain. Law & Society Review, 33(3), Boon, A., Flood, J., & Webb, J. (2005). Postmodern professions? The fragmentation of legal education and the legal profession. Journal of Law & Society, 32(3), Heinz, J. P., et. al. (2001). The scale of justice: observations on the transformation of urban law practice. Annual Review of Sociology, 27, Johnson, D. (2001). Lawyers face future shock. The Futurist, 35(2), 10-. Kapp, M. B. (2000). Professional development in law, health care, and aging: a model fellowship program. The Gerontologist, 40(3), Kritzer, H. M. (1999). The professions are dead, long live the professions: legal practice in a postprofessional world. Law & Society Review, 33(3), Lazega, E. & Krackhardt, D. (2000). Spreading and shifting costs of lateral control among peers: a structural analysis at the individual level. Quality & Quantity, 34(2), Phillips, D. J. (2001). The promotion paradox: organizational mortality and employee promotion chances in Silicon Valley law firms, American Journal of Sociology, 106(4), Reid, A., Nagarajan, V., & Dortins, E. (2006). The experience of becoming a legal professional. Higher Education Research & Development, 25(1), Tangential Discussion of Tournament Theory Anabtawi, I. (2005). Explaining pay without performance: the tournament alternative. Emory Law Journal, 54, Baker, S. & Krawiec, K. D. (2005). The economics of limited liability: an empirical study of New York law firms. University of Illinois Law Review, 1, Baker, S., Choi, S. J., & Gulati, G. M. (2006). The rat race as an information-forcing device. Indiana Law Journal, 81, 53-. Conley, J. M. (2004). How bad is it out there?: Teaching and learning about the state of the legal profession in North Carolina. North Carolina Law Review, 82, Eslick, M. (2004). Note: tension among Section 307 of the Sarbanes-Oxley Act of 2002, 17 C.F.R (d)(2), and State Rules Governing Disclosure of Confidential Client Information. Drake Law Review, 53, Fisch, J. E. (2002). Lawyers on the auction block: evaluating the selection of class counsel by auction. Columbia Law Review, 102, Gordon, J. N. (2005). If there's a problem, what's the remedy? The case for "compensation discussion and analysis." Iowa Journal of Corporate Law, 30,
6 Hamilton, N. (2004). Understanding the intersection of business and legal ethics. University of St. Thomas Law Journal, 1, Harvard Law Review. (2005). Note: collective sanctions and large law firm discipline. Harvard Law Review, 118, Kirkland, K. (2005). Ethics in large law firms: the principle of pragmatism. University of Memphis Law Review, 35, Krawiec, K. D. (2000). Accounting for greed: unraveling the rogue trader mystery. Oregon Law Review, 79, Krawiec, K. D. (2005). Organizational form as status and signal. Wake Forest Law Review, 40, Lambert, F. W. (1998). Path dependent inefficiency in the corporate contract: the uncertain case with less certain implications. Delaware Journal of Corporate Law, 23, Paredes, T. A. (2005). Corporate decisionmaking: too much pay, too much deference: behavioral corporate finance, CEOS, and corporate governance. Florida State University Law Review, 32, Regan, Jr., M. C. (1999). Law firms, competition penalties, and the values of professionalism. Georgetown Journal of Legal Ethics, 13, 1-. Thomas, R. E. & Rich, B. L. (2005). Under the radar: the resistance of promotion biases to market economic forces. Syracuse Law Review, 55, Thomas, R.S. (2003). Should directors reduce executive pay? Hastings Law Journal, 54, Thomas, R. S. (2004). Explaining the international CEO pay gap: board capture or market driven? Vanderbilt Law Review, 57, Gender and the Law Firm Chiu, C. & Leicht, K. T. (1999). When does feminization increase equality? The case of lawyers. Law & Society Review, 33, Donovan, K. (1990). Women associates' advancement to partner status in private law firms. (Symposium on Gender and Legal Ethics). Georgetown Journal of Legal Ethics, 4, Harvard Law Review. (1996). Note: why law firms cannot afford to maintain the mommy track. Harvard Law Review, 109(6), Kay, F. M., et al. (1999). Cultivating clients in the competition for partnership: gender and the organizational restructuring of law firms in the 1990s. Law & Society Review, 33, Race and the Law Firm Carbado, D. W. & Gulati, M. (2000). Discrimination and inequality emerging issues working identity. Cornell Law Review, 85,
7 Charny, D. & Gulati, G. M. (1998). Efficiency-wages, tournaments, and discrimination: a theory of employment discrimination law for "high-level" jobs. Harvard Civil Rights-Civil Liberties Law Review, 33, 57-. Coates IV, J. C. (1999). "Fair value" as an avoidable rule of corporate law: minority discounts in conflict transactions. University of Pennsylvania Law Review, 147, Johnson, Jr., A. M. (1997). Symposium: representing race: the underrepresentation of minorities in the legal profession: a critical race theorist s perspective. Michigan Law Review, 95, Johnson, K. N. (2003). Note: resolving the Title VII partner-employee debate. Michigan Law Review, 101, Pruitt, L. R. (2002). No black names on the letterhead? Efficient discrimination and the South African legal profession. Michigan Journal of International Law, 23, Wilkins, D. B. (2004). Address: doing well by doing good? The role of public service in the careers of black corporate lawyers. Houston Law Review, 41, 1-. Wilkins, D. B. & Gulati, G. M. (1996). Why are there so few black lawyers in corporate law firms? An institutional analysis. California Law Review, 84,
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