Description
Law and management is an emerging approach that refers to research that seeks to explain how companies can use law to their benefit and turn it into a competitive advantage. Unlike economic analyses of law, which aim to evaluate the performance of norms, law and management consider the differences in performance of companies operating within the same legal environment. All companies can optimize their management with respect to the law provided they can see the opportunities and threats that law creates and then take advantage of those opportunities or to manage those risks.In The Oxford Handbook of Law and Management, editors Antoine Masson, Hugues Bouthinon-Dumas, Jean-Michel Do Carmo Silva, and W. Gregory Voss have gathered experts in law, business, and social sciences to present a comprehensive exploration of the intersection of law and business strategy. The volume explores how companies can leverage legal tools--contracts, compliance, litigation, and more--to gain a competitive edge. Further, it offers practical techniques and theoretical insights on a broad range of topics, such as risk management, corporate governance, and legal innovation. The chapters cover how the law could be understood by management and attendant ethical questions, different views on the legal performance of companies, the different drivers of legal performance, the ways a company can modify its institutional or competitive environment to its advantage, the practice of law & management, and several emerging issues. An essential resource for scholars and students of management and business law, the Handbook provides a better understanding of how legal strategies can drive business success and offers a fresh perspective on the strategic role of law in business.
Table of Contents
Preface - Constance E. BagleyIntroduction - Antoine Masson, Hugues Bouthinon-Dumas, Jean-Michel Do Carmo Silva, and W. Gregory VossPart I: The Positioning of Law in Management Chapter 1: Approaches to NonMarket Strategy - Agnieszka M. MajewskaChapter 2: The Transposition of Porter's Five Forces Model to the Law - Julien LozeChapter 3: Regulatory and Institutional Entrepreneurship: A Cross-Review of Law & Management Insights - Amélie GarbriaguesChapter 4: Legal Entrepreneurship and the Institutional Approaches to Law & Management - Justin W. EvansChapter 5: Decoding the Proactive Law Movement - Maximiliano MarzettiChapter 6: The Proactive Contracting Approach: The First 25 Years and Beyond - Anna Hurmerinta-Haanpää and Jouko NuottilaChapter 7: Law As an Organizational Technique: a French Doctrine Prefiguring the Law & Management Approach - Akram El MejriChapter 8: Law as a Source of Value Creation in Firms - Sandrine HenneronChapter 9: The Work of Lauren B. Edelman: Law, Organizations and Legal Endogeneity - Christopher HamertonChapter 10: Toward an Ethical Turn in Legal Strategy - Robert C. BirdPart II: Firms' Legal Capacities Chapter 11: Legal and Strategic Astuteness: The Critical Skill That We All Need to Develop Solutions for the Future - Pierre ChautyChapter 12: Understanding Legal Affairs through the Prism of Game Theory - Kévin Favre and Adrian BorbélyChapter 13: Organizational Legal Culture - Hugues Bouthinon-DumasChapter 14: Legal Psychology of Economic Actors - Héloïse MeurChapter 15: Legal Information & Knowledge Management - Petter GottschalkChapter 16: Corporate Legal Communication - Antoine Masson & Olimpia LoddoPart III: Managing Legal Constraints and Operation Chapter 17: The Tetranormalization Theory. Creating Sustainable Performance through the Appropriate Management of Standards and Norms - Laurent CappellettiChapter 18: Theory of Law and Management: Thinking and Managing Normative Flows - Émeric NicolasChapter 19: Compliance & Legal Performance - Annika BauchChapter 20: Legal Risk Management. The Importance of Perspective - Christophe Collard and Ivar TimmerChapter 21: Law & Management: The Application of General Theory of Legal Design in Law and Economics Framework - Katri L. NousiainenChapter 22: Proactive Legal Design as a Management Tool for Fostering Business Contracting - Piia Kaave, Hilja Autto and Jaana KovalainenChapter 23: A Review of Legal Design Methods - Sunghoon Chung and Jieun KimChapter 24: Contractual Effects on Trust in Interorganizational Relationships: An Overview of the Objective and Subjective Analyses - Florian ImbertChapter 25: Contract Management - René Franz HenschelChapter 26: Corporate Governance as a Source of Competitive Advantage - Josephine S. NelsonChapter 27: "Groupthink and the Law: Shaping, Nudging, Enabling - Katja LangenbucherChapter 28: Law and Reputation - Olivier BeddeleemChapter 29: Corporate Fraud Examination - Petter GottschalkChapter 30: The Role of Law in Recovering from Corporate Scandals - Petter GottschalkPart IV: Firms' Legal Strategies Chapter 31: A Managerial Perspective on Lobbying - Mark FaganChapter 32: Business Diplomacy - W. Gregory VossChapter 33: Co-operation in Tax Matters: A Source of Advantage for Businesses - Christian Bauer and Erich KirchlerChapter 34: Law, Strategy, and Corporate Social Responsibility - Gerlinde Berger-Walliser and Thomas M. MaddenChapter 35: Structuring the Law & Management Approaches: The Case of Patent Strategic Management - Pascal Corbel Chapter 36: Managerial Perspectives on the Choice and Modulation of Legal Organizational Forms and Structures - Marco CorradiChapter 37: Litigation in the Company's Strategy - Didier DanetChapter 38: Impacts of Lawfare, Economic Warfare and Hybrid Warfare on Law & Management - Veronique ChapuisChapter 39: Law & Management Approach: The Ethical Dimensions - Daniel T. OstasPart V: Law & Management and the Practice of Law Chapter 40: Towards a Strategic Management Perspective of Legal Departments - Soufiane Kherrazi and Christophe RoquillyChapter 41: "Make-or-Buy" Analysis for Legal Departments in the Light of Digital Transformation - Olivier Chaduteau Chapter 42: Systems Thinking in Proactive Approach to Law in Business - Nina ToivonenChapter 43: Legal Analytics for Risk Management and Compliance - David Restrepo Amariles and Damien CharlotinChapter 44: Third-party Funding of Litigation - Jean-Pierre Blin and Etienne PoeufChapter 45: BigLaw & Management - Joseph M. GreenChapter 46: The Diffusion of Legal Innovations - Marc FréchetChapter 47: Developing and Implementing Business Ecosystem Strategies in the Legal Sector: Current Situation and Prospects in France - Nabyla DaidjIndex
