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Legal Elites and the Shaping of Corporate Law Practice in Brazil: A Historical Study

Krishnan, Jayanth K. ; Dias, Vitor M. ; Pence, John E.

Law & social inquiry, 2016-03, Vol.41 (2), p.346-370 [Periódico revisado por pares]

Cambridge: Blackwell Publishing Ltd

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  • Título:
    Legal Elites and the Shaping of Corporate Law Practice in Brazil: A Historical Study
  • Autor: Krishnan, Jayanth K. ; Dias, Vitor M. ; Pence, John E.
  • Assuntos: Attorneys ; Elites ; Law ; Lawyers ; Legal profession ; Litigation ; Market entry ; Partnering ; Regulation
  • É parte de: Law & social inquiry, 2016-03, Vol.41 (2), p.346-370
  • Notas: istex:1F414BB50CCEF09B5F9311F25462ACDFC1F1E808
    ArticleID:LSI12142
    ark:/67375/WNG-7G947GP6-G
    provided valuable and constructive feedback, and the authors are grateful to them. The Wisconsin Historical Society and its staff were instrumental in providing important historical documents, as was the State Bar of Texas and the family members of the lawyers studied, who also offered key historical records and materials.
    jkrishna@indiana.edu
    Vitor M. Dias
    is a member of the Brazilian Bar; LLM Fundação Getulio Vargas (2011) and an LLM Candidate (Spring 2015) at Indiana University Maurer School of Law
    The authors express their gratitude to Frederico Almeida, Altamiro Boscoli, Lourdes Carvalho, Huy Chu, Paulo Coelho da Rocha, George Demarest, Suzanne Demarest, Howard Erlanger, Barbara Garavaglia, Paul Griffith Garland, Carl Kincaid, Jr., Bert Kritzer, Mauricio Leonardos, Ajay Mehrotra, Beatrice Momsen, Priya Purohit, Michael Roffer, Naum Rotenberg, Gene Theroux, David Trubek, Godofredo Mendes Vianna, and Sarah Zearfoss. In addition, the three anonymous reviewers from
    jepence@indiana.edu
    is Professor of Law, Charles L. Whistler Faculty Fellow, and Director of the Center on the Global Legal Profession at Indiana University–Bloomington Maurer School of Law
    vmdias@indiana.edu
    .
    John E. Pence
    Jayanth K. Krishnan
    Law & Social Inquiry
    received his JD from Indiana University Maurer School of Law and is an associate at Ice Miller LLP in Indianapolis
  • Descrição: Brazil today has a legal market that allows for foreign lawyers and foreign firms, but existing regulations are restrictive. Foreign lawyers cannot practice domestic law or litigation, nor can Brazilian-licensed lawyers working for foreign firms or partnering with foreign lawyers. This was not always the case, however. Until 1963, there was little regulation of the legal profession. Beginning in 1913, elite US lawyers traveled to Brazil, with some even becoming prominent domestic practitioners. They partnered with local elite lawyers (who maintained their domestic privileges) and served as key brokers for US businesses seeking market entry. Drawing on the elite theory literature, and on ethnographies, interview data, and over 1,000 pages of rare Portuguese and English archival sources, this study's thesis is that sophisticated US and Brazilian legal elites capitalized on the lack of regulation to advance their financial interests, and in the process transformed Brazil's corporate legal sector.
  • Editor: Cambridge: Blackwell Publishing Ltd
  • Idioma: Inglês
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  • Realização: ABCD-USP USP   Logos de Redes Sociais: Freepik

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