Globalization

Globalization, Lawyers and Emerging Economies (GLEE)

The project on Globalization Lawyers and Emerging Economies—or GLEE—is designed to conduct original, empirical research and to examine how globalization is reshaping the market for legal services in important emerging economies around the world. At its core, the GLEE project begins with the decision by critical emerging econo­mies like India, Brazil, and China to gradually open their economies during the 1990s, resulting for the first time in signifi­cant foreign investment, privatization of important state-owned assets, and an increased role for competitive market forces. This new economic activity in turn created a demand for new laws and legal institutions—for instance, investment and securities laws, trade and competition authori­ties—which then created a demand for “new” lawyers with both the skill and orientation to operate in these legal domains and to connect these domestic legal fields to the global ones within which these emerging powers operate and increasingly seek to control.

As a result of these changes, India and other emerging economies have seen the emergence of a new “corporate” legal sector consisting of large law firms and increasingly sophisticated in-house legal departments that together seek to meet the legal needs both of a burgeoning business sector and of the growing number of global companies that seek to serve the domestic market. GLEE maps the terrain of this emerging “corporate hemisphere” of the bar, and exam­ines how this sector is influencing—and being influenced by—other parts of the legal, economic, political, and social order in these countries, including legal education, competing elites and priorities within the bar, regulation, development strategies, and approaches to access to justice and the rule of law.

GLEE studies how these developments are contributing to the transformation of the political economy in these countries and the broader world economy, the institutions of global governance, and the development of the increasingly global­ized market for corporate legal services. The goal of the GLEE project is to understand these complex interactions and to shed light on the role that lawyers and legal institutions in India, China, Brazil, and other emerging economies have in shaping global governance in an increas­ingly multi-polar world.

Questions about the GLEE project can be directed to Bryon Fong.

RESEARCH AGENDA

GLEE’s theoretical project begins with the decision by the BICs to gradually open their economies during the 1990s, resulting for the first time in significant foreign investment, privatization of important state owned assets, and an increased role for competitive market forces. This new economic activity created a demand for new laws and legal institutions – e.g., investment and securities laws, trade and competition authorities – which in turn has created a demand for “new” lawyers with both the skill and orientation to operate in these legal domains, and to connect these domestic legal fields to the global ones in which the BICs and other emerging powers operate in and increasingly seek to control.

As a result of these changes, the BICs have seen the emergence of a new “corporate” legal sector consisting of “large” law firms and increasingly sophisticated in-house legal departments that together seek to meet the legal needs both of a burgeoning business sector and of the growing number of global companies that seek to serve the domestic market. Both indigenous and foreign law firms are trying to seize market opportunities. Governments strive to harness globalization to promote national development by engaging in legal reforms. A new generation of lawyers challenges traditional notions of legal practice and legal expertise. Legal education is modernizing. These efforts occur within a matrix of international and regional norms that help shape the contours of national law. Since globalization may produce vast inequalities, it also raises questions of corporate lawyers’ social responsibility.

In India, Brazil and China, too little detailed work has been done on their corporate legal sectors. More is needed if we are to understand the complex – and maybe even contradictory – roles corporate lawyers play in economic, political and social life. GLEE has sought to fill this gap by conducting systematic qualitative and quantitative empirical research. To map the corporate legal sector, trace its evolution, and assess its significance, GLEE has administered surveys and conducted interviews with many elite firms, in-house offices, legal educators, public interest advocates, government officials and others. GLEE has mapped the full range of providers of corporate legal services and explored their interaction. It has sought to understand the impact of the rise of the sector on the legal system as a whole. It has begun to explore the relationship between this sector and the state on one hand and the market on the other.

Specifically, current GLEE studies include:

  • In-depth study of the evolution of the elite firms and GC offices using interviews, published data, and surveys. These studies look at many issues from organization form to gender relations
  • Examination of the regulatory regime affecting corporate lawyers with special attention to rules affecting foreign lawyers
  • Studies of how cross border transactions are handled and the special role of foreign law firms in these markets
  • Assessment of the efforts by Brazil, India and China to strengthen their capacity to engage in global legal forums in the trade and investment fields and use domestic trade remedy law to affect trade relations
  • A review of the impact the rise of the corporate legal sector has on legal education
  • A review of the role of the new corporate law sector in law making and policy implementation and how this relates to national development goals
  • Studies of the spread of pro bono and ideas about corporate social responsibility in Emerging Economies and the impact of such programs on access to justice and public interest representation.

In the next phase of the project we hope to compare the corporate legal sectors in Brazil, India and China, seeing to what extent they have developed models that differ from those in the North. We will look for differences and similarities in the stance of lawyers in these countries vis-à-vis clients and the state. We will ask to what extent have ideas of professionalism taken hold and what form have they taken. We hope to better understand the policy preferences of the new corporate lawyers and chart the role they are playing in law making and policy formation. We will look comparatively at legal education, seeing whether legal education is or is not changing and what factors explain different patterns. We will test whether pro bono activities by this sector are making a genuine contribution to providing access to justice. Finally, we will try to assess the overall contribution of the sector to the rule of law.

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SURVEY PROJECT

Corporate Counsel Survey

One of the most exciting new aspects of GLEE has been the development of a major survey of emerging economy general counsels. Developed over an intensive two-day academic meeting in Cambridge, the survey asks questions about the professional background and roles of general counsels of major Indian, Brazilian, and Chinese companies (as well as major US companies operating in those countries) and about how they make decisions about legal services. The survey will provide a direct pipeline into the minds of general counsels from across GLEE’s focus countries and generate a critical dataset on their views of the legal service industry. The data will help facilitate problem solving, foster innovation and highlight the practical advancements in the legal profession and in-house legal departments more directly.

The survey is a companion to CLP’s Corporate Purchasing Project  such that comparisons with the US industry are possible. The survey is currently in the field in India and Brazil and will be launching shortly in China.

 

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SHARING OUR WORK

In the years since CLP launched GLEE, significant progress has been made achieving these ambitious goals. GLEE has held six major conferences across three continents, all of which have attracted hundreds of top policymakers, lawyers, practitioners, and academics. And GLEE has built strong relationships with universities and professionals from across its target countries and from around the world. Above all, GLEE has increased practical knowledge and advanced public understanding of the complex relationship between globalization, the legal profession, and emerging economies.

JUST IN: GLEE’s India and Brazil volumes published by Cambridge University Press

 

Learn more here.

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RESEARCH TEAM

In conducting multinational, multidisciplinary empirical research like GLEE, it is imperative to have on-the-ground partners, and CLP is proud to collaborate with researchers from key universities and institutions in emerging economies. GLEE’s institutional partners include the University of Wisconsin Law School’s East Asian Legal Studies Center (EALSC), Direito GV, Fundação Getulio Vargas (FGV) Law School (Sao Paolo, Brazil) and the KoGuan Law School at Shanghai Jiao Tong University (Beijing, China)

GLEE has more than 50 scholars from a broad range of disciplines, including law, sociology, political science, anthropology area studies, and from leading institutions in the United States, China, India, Brazil, Singapore and the United Kingdom. This team has conducted original empirical research through a variety of quantitative and qualitative methods on domestic and international law firms, corporate counsel, legal education, inbound and outbound investments, bankruptcy, regulation, pro bono and public interest lawyering, and legal capacity building. You can read more about individual team members on the country specific tabs above.

GLEE is directed by David B. Wilkins (HLS) and co-directed by David M. Trubek (HLS and Wisconsin-Madison). Derek Davis (HLS) and Bryon Fong (HLS) also serve on GLEE’s Executive Committee. Luciana Gross Cunha (FGV) serves as the Brazil Country Coordinator, with Vikramaditya S. Khanna (University of Michigan Law School) and Sida Lui (Wisconsin-Madison) serving as the India and China Country Coordinators respectively.

Questions about the GLEE project can be directed to Bryon Fong.

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GLEE India

JUST IN – The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector (David B. Wilkins, Vikramaditya S. Khanna and David M. Trubek, eds.) published by Cambridge University Press.

Since GLEE’s inception four years ago, a large percentage of its focus and research has been on the interaction between globalization and the legal profession in the Indian context. India’s recent impressive economic growth has been accompanied by substantial economic and legal reforms that have brought about seismic changes to the Indian corporate sector, legal system and the legal profession. Indeed, over the last two decades India’s lawyers have grappled with the changes wrought by globalization and liberalization against the background of the world’s largest and most heterogeneous democracy. The GLEE India research team is pursuing the first comprehensive set of studies examining the changes in the Indian corporate legal sector and its effects throughout the legal profession. This includes studying Indian and foreign law firms, in house counsel, legal process outsourcing, trade law capacity and capacity building, senior advocates, legal profession regulation, legal education, the role of gender, small town lawyers, diversity concerns, and pro bono and public interest lawyering. Using surveys, interviews, participant observation, and archival research, GLEE’s India research contributes to a richer and more textured understanding of the substantial changes to the corporate sector of the Indian legal profession as well as its relationship to the developments in the legal professions in Brazil, China, and other emerging economies.

Vikramaditya S. Khanna
GLEE India Country Coordinator
William W. Cook Professor of Law, University of Michigan Law School
Affiliated Faculty Member, HLS Center on the Legal Profession

INDIA RESEARCH PROJECTS

GLEE’s research in India has yielded over 20 high-quality academic papers which were recently published by Cambridge University Press in The Indian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society (David B. Wilkins, Vikramaditya S. Khanna and David M. Trubek, eds.)

Learn more here.

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INDIA RESEARCH TEAM

Vikramaditya S. Khanna, University of Michigan Law School (Country Coordinator; India Editor)

David B. Wilkins, Harvard Law School (GLEE Director; India Editor)

Amrita Bahri, Birmingham Law School

Swethaa Ballakrishnen, Stanford University

John Flood, UCD Sutherland School of Law

Marc Galanter, University of Wisconsin-Madison

Jonathan Gingerich, UCLA

Arpita Gupta, University of Wisconsin-Madison

Jayanth K. Krishnan, Indiana University – Bloomington

C. Raj Kumar, Jindal Global Law School

Pavan Mamidi, Indian Institute of Management-Ahmedabad

Ashish Nanda, Indian Institute of Management-Ahmedabad

James Nedumpara, Jindal Global Law School

Mihaela Papa, Tufts University

Nick Robinson, Harvard Law School

Gregory Shaffer, University of California-Irvine

Aditya Singh, White & Case

Rahul Singh, Oxford University

Aseema Sinha, Claremont McKenna

Umakanth Varottil, National University of Singapore

Mark Wu, Harvard Law School

Bhargavi Zaveri, Harvard Law School

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GLEE Brazil

JUST IN – The Brazilian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector (Luciana Gross Cunha, Daniella Gabby, Jose Gracez Ghirardi, David M. Trubek and David B. Wilkins, eds.) published by Cambridge University Press.

This book provides the first comprehensive analysis of the impact of globalization on the Brazilian legal profession.Employing a range of original data from nine empirical studies, the book details how Brazil’s need to restructure the economy and manage its global relationships contributed to the emergence of a new “corporate legal sector” in the country—a sector marked by increasingly large and sophistical law firms and in-house legal departments. As the book’s authors demonstrate, this new corporate legal sector in turn helped reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, gender dynamics in the profession, and the state’s legal capacity in international economic law. This book, which is the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like Brazil, and how these countries are integrating into the institutions of global governance and the overall market for legal services.

GLEE Brazil research team

BRAZIL RESEARCH PROJECTS

GLEE’s research in Brazil represent the most extensive work done to date on the intersection between the Brazilian legal profession and globalization. The research covers GLEE’s core topic areas including: law firms, in-house counsel, gender and the profession, legal education, legal capacity building, regulation of the profession, public interest, and political economy.

GLEE’s research in Brazil is forthcoming (Winter 2017) in The Brazilian Legal Profession in the Age of Globalization: The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society (Luciana Gross Cunha, Daniella Gabby, Jose Gracez Ghirardi, David M. Trubek and David B. Wilkins, eds.) to be published by Cambridge University Press.

 

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BRAZIL RESEARCH TEAM

Luciana Gross Cuhna, FGV Law School (Country Coordinator; Brazil Editor)

David M. Trubek, Harvard Law School (GLEE Co-Director; Brazil Editor)

Frederico de Almeida, FGV Law School

Glória Bonelli, UFSCAR

Vitor Martin Dias, FGV Law School

Daniela Gabbay, FGV Law School

Jose Garcez Ghirardi, FGV Law School

Rubens Glezer, FGV Law School

Paulo André Nassar, FGV Law School

Fabiana Luci de Oliveira, UFSCAR

Luciana Oliveira Ramos, FGV Law School

Ligia Pinto Sica, FGV Law School

Fábio de Sá e Silva, IPEA, Harvard Law School

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GLEE China

The GLEE project’s China research team is a consortium of researchers from several leading universities and law firms in both China and the United States, with Shanghai Jiao Tong University KoGuan Law School as the main institutional partner. With China’s modernizing legal system and the increasingly important roles that Chinese companies play in the global economy, Chinese lawyers face both strong challenges and great opportunities in the age of globalization. GLEE China research is the first comprehensive empirical study that examines all sectors of the Chinese corporate legal market, including domestic and international elite law firms, corporate counsel, legal education, inbound and outbound investments, and public interest lawyering. Using diverse social science methods such as survey, interviews, participant observation, and archival research, GLEE China researchers hope to contribute, individually and collectively, to the understanding of the historical change, current status, and future prospects of the corporate sector of the Chinese legal profession, as well as its relationship to legal professions in India, Brazil, and other emerging economies.

Sida Liu
GLEE China Team Coordinator
Assistant Professor of Sociology and Law, University of Wisconsin-Madison
Interim Director, East Asian Legal Studies Center
Faculty Fellow, American Bar Foundation

CHINA RESEARCH PROJECTS

GLEE’s research in China represent the most extensive work done to date on the intersection between the Chinese legal profession and globalization. The research covers GLEE’s core topic areas including: law firms, in-house counsel, legal education, legal capacity building, regulation of the profession, public interest, and political economy.

To read a selection of our research publications, please visit and/or subscribe to our CLP Research Paper Series.

 

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CHINA RESEARCH TEAM

Sida Liu, University of Wisconsin-Madison (Country Coordinator; China Editor)

David B. Wilkins, Harvard Law School (GLEE Director; China Editor)

Jin Dong, SUNY Buffalo

Henry Gao, Singapore Management University

Su Li, University of California, Berkeley

Xueyao Li, KoGuan School of Law, Shanghai Jiao Tong

Tiezheng Li, Harvard Law School

John Ohnesorge, University of Wisconsin-Madison

Gregory Shaffer, University of California, Irvine

Rachel Stern, University of California, Berkeley

Paul Wang, Zhong Lun Law Firm, Beijing Office

Zhizhou Wang, University of Wisconsin

Hongqi Wu, China University of Political Science and Law

Ke Xu, University of International Business and Economics

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