The New Old Legal Realism

George, Tracey E.; Gulati, G. Mitu; McGinley, Ann C.

doi:10.2139/ssrn.1647179

Cited by 7 publications

(5 citation statements)

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“…Even landmark cases such as Brown v. Board of Education have been criticized for failing to have any systematic, onthe-ground impact, in spite of their symbolic impact (Rosenberg 2008;Bell 2004). Indeed, the findings presented here are in line with recent findings from an interview-based study conducted by George et al (2011) regarding the on-the-ground impact of another employment discrimination case, Jespersen v. Harrah's Operating Co (9th Cir. 2006).…”

Section: Discussionsupporting

confidence: 90%

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What happens when the definition of disability changes? The case of obesity

Shinall

2016

IZA J Labor Econ

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Standard-Nutzungsbedingungen: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich machen, vertreiben oder anderweitig nutzen. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, gelten abweichend von diesen Nutzungsbedingungen die in der dort genannten Lizenz gewährten Nutzungsrechte. Abstract This paper examines how Congress's 2008 expansion of who is disabled under the Americans with Disabilities Act (ADA) impacts the labor market outcomes of newly covered individuals. Focusing on obese individuals, I exploit variation in coverage of obesity before and after the 2008 expansion to identify effects of the legal change, but I find no improvement in the labor market outcomes of the obese. Although the 2008 expansion was intended to remedy the unintended consequences of the ADA and improve labor market outcomes of the disabled, these early estimates suggest that the expansion has not yet achieved Congress's stated goals. JEL codes: J14, J21, J78, K31

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Section: Discussionsupporting

confidence: 90%

“…And when the authors made them aware of the favorable legal decision, the casino workers expressed unwillingness to come forward and enforce their newfound rights. Among the excuses the workers gave included fears of losing their current hard-to-get, high-paying jobs and of being blacklisted from similar, future jobs (George et al 2011).…”

Section: Discussionmentioning

confidence: 99%

What happens when the definition of disability changes? The case of obesity

Shinall

2016

IZA J Labor Econ

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“…A full empirical picture is particularly crucial in an area like law, where decisions can have major human impacts. To achieve that full account, we need both quantitative research, to provide a rough sense of how generalized the patterns located by qualitative research are within societies, and qualitative research, to give a more in-depth understanding of what these patterns mean (see Garth 2006 [qualitative]; Gulati and Nielsen 2006 [psychology, anthropology, sociology]; Miles and Sunstein 2008 [quantitative]; George, Gulati, and McGinley 2011 [mixed]). This article demonstrates the value of combining empirical approaches through a mixed-methods study of law professors.…”

Section: Introduction: New Legal Realism and Legal Educationmentioning

confidence: 99%

Law School Climates: Job Satisfaction Among Tenured US Law Professors

Barnes

Mertz²

2018

Law soc. inq.

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In this article, we combine quantitative and qualitative methods to investigate why post‐tenure law professors of color and women professors within the US legal academy are differentially dissatisfied with their work lives. Previous social science research has indicated lingering difficulties for professionals from traditionally marginalized groups as they advance to higher levels. Post‐tenure law professors have been understudied relative to similar senior‐level professionals. Mixed methods allow us to isolate institutional structure and implicit cultural bias as key mediators of this dissatisfaction, converging on issues of respect, voice, and collegiality as crucial. We use the example of the legal academy to show how empirical research can shed important light on the realities of legal professionals—here, the faculty who are training the next generation of US attorneys. Following in the new legal realist tradition, we demonstrate the power of mixed empirical methodologies for grasping social realities pertinent to law.

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“…The relationship between formal law and behavior is a central inquiry in sociolegal studies. Among others, Macaulay (1963), Greif (1989), Ellickson (1994), Bernstein (1992), George, Gulati, and McGinley (2011), and Hadfield and Bozovic (2016) have demonstrated that private actors do not always order their affairs in accordance with formal legal rules. Yet mainstream legal analysis often ignores these insights, including their potential relevance to the study of CIL.…”

Section: Introductionmentioning

confidence: 99%

Market Practice and the Evolution of Foreign Sovereign Immunity

Weidemaier¹,

Gulati²

2018

Law soc. inq.

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The twentieth century witnessed a “tectonic” shift in international law, from absolute to restrictive theories of sovereign immunity. As conventionally understood, however, this transformation represented only a change in default rule. Under absolute immunity, courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were not immune to their commercial acts, regardless of consent. Using a two‐century dataset of loan contracts, we show that market practice undermines this conventional understanding. For centuries, loan contracts were structured as if the rules of sovereign immunity could not be changed by contract. In the 1970s, however, market practice changed, seemingly in response to the codification of sovereign immunity law in the United States and United Kingdom. We explore why market practice conflicts with the conventional understanding of sovereign immunity, and we examine the association between codification and the structure of sovereign loan contracts.

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The New Old Legal Realism

Cited by 7 publications

References 0 publications

What happens when the definition of disability changes? The case of obesity

What happens when the definition of disability changes? The case of obesity

Law School Climates: Job Satisfaction Among Tenured US Law Professors

Market Practice and the Evolution of Foreign Sovereign Immunity

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