Soares Pereira and Ridi on the "Invisible College of International Lawyers"

Luiza Leão Soares Pereira, University of Cambridge, and Niccolò Ridi, University of Liverpool, have posted Mapping the "Invisible College of International Lawyers" through Obituaries, which is forthcoming in the Leiden Journal of International Law

Since Oscar Schachter’s famous articulation of the concept, scholars have attempted to know more about the composition and functioning of the ‘invisible college of international lawyers’ which makes up our profession. They have done this though surveying public rosters of certain sections of the profession (arbitrators, International Court of Justice counsel), providing general anecdotal accounts about informal connections between members, or establishing certain individuals’ influence in the development of discrete legal concepts. Departing from these approaches, we use the obituaries published in the British Yearbook of International Law (1920-2017) to draw a map of the ‘invisible college of international lawyers’. Obituaries are a unique window into international law’s otherwise private inner life, unveiling professional connections between international lawyers and their shared career paths beyond a single academic or judicial institution. Employing network analysis, a method commonly used in social sciences to describe complex social phenomena such as this, we are able to demonstrate the ubiquity of informal networks whereby ideas move, and provide evidence of the community’s homogeneity. Exploring the connections between international lawyers and their shared characteristics in this novel way, we shed light on the features of the community and the impact individual personalities have on the law. These characteristics of the profession and its members may be obvious to insiders, but are seldom acknowledged. Graphic representation is a powerful tool in bolstering critiques for diversity and contestation of mainstream law-making narratives. More than an exercise in exhaustive mapping, we seek to take the ‘dead white men’ trope to an extreme, provoking the reader to question the self-image of the profession as an impersonal expert science.

--Dan Ernst.  H/t: JFW

Wald on In-House Counsel

Eli Wald, University of Denver Sturm College of Law, has published Getting In and Out of the House: The Worlds of In-House Counsel, Big Law, and Emerging Career Trajectories of In-House Lawyers in the Fordham Law Review:

The traditional story of in-house counsel is of a transformation and triumph over “Big Law” in a zero-sum game for power, prestige, and money. That story, however, is inaccurate descriptively, prescriptively, and normatively. Descriptively, in-house lawyers were part of the legal elite dominating corporate counseling before large law firms first rose to power and prominence. In-house counsel then lost ground and the position of general counsel to Big Law lawyers between the 1940s and 1970s, only to mount an impressive comeback to elite status beginning in the 1970s. Yet the in-house comeback was not a simple power struggle with Big Law. Rather, modern in-house lawyers including the “new” general counsel came from within the ranks of Big Law, an offshoot rather than a competitor of large law firms, sharing Big Law’s background, training, and, more importantly, professional values, ideology, and ethos. Thus, the story of in-house lawyers and their relationship with Big Law is one of a complex symbiotic affiliation, not a competitive zero-sum game.

--Dan Ernst

Bradley and Rowland on women's access to law in England

 Kate Bradley (University of Kent) and Sophie Rowland (London School of Hygiene and Tropical Medicine) have published "A poor woman's lawyer? Feminism, the labour movement, and working-class women's access to the law in England, 1890-1935," Women's History Review (17 Aug. 2020). Here's the abstract: 

Women were excluded from both branches of the legal profession before the Sex Discrimination (Removal) Act 1919. Whilst campaigning for women's entry to the law was also part of wider efforts to make the law more accessible. Before and after the 1919 Act, middle-class women were able to offer legal support to working-class women, through feminist and trade unionist networks and the professions that were open to them—factory inspection and social work. By examining key women’s organisations between the 1890s and 1930s, we trace the development of work to both educate women and girls on their legal rights and to directly tackle problems and breaches of the law. We argue that, by looking at the legal activism of women in the factory inspectorate, social work, trade union and women's organisations, fresh insight into the development and ‘mainstreaming’ of working-class claims on citizenship in the early twentieth century can be found.

Further information is available here.

--Mitra Sharafi 

Sackar on Lord Devlin

Out this month by Justice John Sackar (Supreme Court of New South Wales) is Lord Devlin with Hart Publishing. From the press:

Lord Devlin was a leading lawyer of his generation. Moreover, he was one of the most recognised figures in the judiciary, thanks to his role in the John Bodkin Adams trial and the Nyasaland Commission of Inquiry. It is hard then to believe that he retired as a Law Lord at a mere 58 years of age. This important book looks at the life, influences and impact of this most important judicial figure. Starting with his earliest days as a school boy before moving on to his later years, the author draws a compelling picture of a complex, brilliant man who would shape not just the law but society more generally in post-war Britain.

Further information is available here.

--Mitra Sharafi

Weekend Roundup

• Anne C. Fleming is remembered, especially by other former Climenko Fellows, in Harvard Law Today. 

• The Alan Watson Seminar in Legal History, to be held virtually on December 5, 2020 has been announced.  Fergus Smith will present Civil Litigants in Nineteenth-Century Sheriff Courts.

•  New online from Law and History Review and Cambridge Core: Turning a Blind Eye: Infanticide and Missing Babies in Seventeenth-Century Geneva, by Sara Beam

• Race and Relevance: Arthur Garfield Hays and the Integration of the American Bar Association, 1938-1943, by Richard F. Hamm, University of Albany at SUNY, has been published online in the American Journal of Legal History and Oxford Academic.

• Over at Notches: Ishita Pande, Queen's University, on her new book, Sex, Law and the Politics of Age: Child Marriage in India, 1891-1937.

• Over at Legal History Miscellany:  Sara M. Butler on Law Enforcement Officials and the Limits of Violence in Medieval England.

• Ryan Greenwood at the Riesenfeld Rare Books Blog: the University of Minnesota Law Library has an upcoming exhibit on the 1935 Commission on the Harlem Riot, Law and the Struggle for Racial Justice.

• “The Bangor Historical Society is presenting a virtual exhibit that will focus on the connection between fashion and women’s freedoms. ‘Interwoven: Women’s Fashion and Empowerment’ focuses on the history of women’s rights, including social, economic, legal and voting, while relating milestones and benchmarks with fashion trends by decade" (Bangor Daily News).  And the National Constitution Center also has a new exhibit on the 19th Amendment (Philly Voice).

• Lawbook Exchange has issued a catalogue of forty-one noteworthy titles on The Laws of War and Peace.

•  ICYMI: A review of Matthew Van Meter’s Deep Delta Justice (WaPo).  Mary Ziegler on What's Next for Abortion Law? (Boston Review).  UVA Law's first female students.

   Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Networks and Connections in Legal History

Just out from Cambridge University Press: Networks and Connections in Legal History, edited by Michael Lobban, London School of Economics and Political Science, and Ian Williams, University College London:

Network and Connections in Legal History examines networks of lawyers, legislators and litigators, and how they shaped legal development in Britain and the world. It explores how particular networks of lawyers - from Scotland to East Florida and India - shaped the culture of the forums in which they operated, and how personal connections could be crucial in pressuring the legislature to institute reform - as with twentieth century feminist campaigns. It explores the transmission of legal ideas; what happened to those ideas was not predetermined, but when new connections were made, they could assume a new life. In some cases, new thinkers made intellectual connections not previously conceived, in others it was the new purposes to which ideas and practices were applied which made them adapt. This book shows how networks and connections between people and places have shaped the way that legal ideas and practices are transmitted across time and space.

TOC after the jump. [DRE]
1. Introduction Michael Lobban and Ian Williams
2. Networks and Influences: Contextualising Personnel and Procedures in the Court of Chivalry. Anthony Musson
3. Men of law and legal networks in Aberdeen, principally in 1600-1650.  Adelyn Wilson
4. Calling Time at the Bar: First women barristers and their networks and connections. Judith Bourne
5. The Thistle, the Rose, and the Palm: Scottish and English Judges in British East Florida.  M. C. Mirow
6. 'The Bengal Boiler': Legal Networks in Colonial Calcutta.  Raymond Cocks
7. The White Ensign on Land: The Royal Navy and Legal Authority in Early Sierra Leone. Tim Soriano
8. A Broker's Advice: Credit Networks and Mortgage Risk in the Eighteenth-century Empire.  Julia Rudolph
9. Trans-Atlantic connections: The many networks and the enduring legacy of J.P. Benjamin. Catharine MacMillan
10. Interpretatio ex aequo et bono – the emergence of equitable interpretation in European legal scholarship.  Lorenzo Maniscalco
11. Shakespeare and the European Ius Commune.  R. H. Helmholz
12. Law Reporting and Law Making: the Missing Link in Nineteenth-century Tax Law.  Chantal Stebbings
13. John Taylor Coleridge and English Criminal Law. Philip Handler