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My comment on the fascinating personal accounts of experiences with the Yale Law and Modernization program will be in part personal. My own career and research interests are part of the ripple effect of that program and of the scholars who participated in it. After offering that personal account, I will try to look at the context for the Law and Modernization initiative in relation to the changing role of law and lawyers in the US and the way in which that role was exported as part of Cold War strategies. I will suggest that the battles around the Law and Modernization Program provide strong evidence of the crisis during an era of relative idealism (not inconsistent with US hegemonic designs abroad and social control policies at home) connected to modernization and what Trubek and Galanter termed liberal legalism.[1] What's more, the program nurtured leaders in producing scholarship designed to update or replace liberal legalism, legal missionaries, and legal imperialism. Much of what we know as Law and Society, Critical Legal Studies, and other critical approaches came from these scholars and the events around Law and Modernization. I was a freshman undergraduate at Yale at the time of the beginnings of the Law and Modernization program in the Law School in 1968, although I had no sense of the program then. My undergraduate experience was all about the left, the critique of pluralism, European critical theory, and US critical histories. I told my historian advisor that I was thinking of law school (after he told me there were no positions in history), and he warned me about the conservatism, telling me among other things that law faculty tended to drive American cars. When there were demonstrations and strikes around the Bobby Seale trial in New Haven in 1970, followed by the demonstrations and strikes against the Cambodian invasion, I remember a forum where a law student said they could not strike because of the importance of their legal education for solving social problems. In retrospect, there was a sense among non-law students and activists, I think, that elite law was not very relevant to what was going on outside.[2] From the perspective of those within the law school, however, the accounts of the Law and Modernization cohort suggest that the students were nevertheless way in front of the general faculty.

In a discussion of private disputing, it is suggested that developments both outside & inside the courts must be viewed as related, & that national developments must be consided in relationship to transnational dispute phenomena. It is further argued that if the test for market success at the highest level is going to be the ability to gain the business of big business, then big business is bound to purchase services that serve private goals; it therefore makes sense to speak in terms of privatization. Given that both personal & business relationships are shaped by the information that institutions for dispute processing generate, an important issue is the extent to which particular kinds of relationships will draw on, or avoid, state-generated norms. The competition in disputing entities appears to be reducing the flow of information that permits informed questioning of business & bureaucratic behavior, bolstering private ordering with little public scrutiny. It is concluded that the likely results of the privatizing trend depend on too many variables to predict their outcome with certainty. Instead of assessing private courts, whether & why they are winning in the marketplace should be considered, as well as what the impacts will be on both public & private mechanisms. 86 References. S. Millett

A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies

This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.

Frontmatter -- Contents -- Acknowledgments -- Chronologies -- Terminology and Abbreviations -- PART ONE. Imperial and Professional Strategies within the Field of State Power -- 1. Introduction -- 2. Retooling Statesmen to Restructure the State: From Heritiers of European Legal Culture to the Technopols Made in the USA -- 3. The Internationalization of Palace Wars -- PART TWO. Hegemony Challenged: Making Friends, the Cold War Roots of a Reformist Strategy -- 4. The Archeology of the New Universals: The Cold War Construction of Human Rights and Its Later Avatars -- 5. The Chicago Boys as Outsiders: Constructing and Exporting Counterrevolution -- 6. Fostering Pluralism and Reformism -- 7. The Paradox of Symbolic Imperialism: The Southern Cone as an Explosive Laboratory of Modernity -- PART THREE. Competing Universals: The Parallel Construction of Neoliberalism in the North and the South -- 8. The Reformist Establishment out of Power: Investing in Human Rights as an Alternative Political Strategy -- 9. From Confrontation to Concertacion: The National Production and International Recognition of the New Universals -- PART FOUR. Reshaping Global Institutions and Exporting Law -- 10. Fragmented Governance: A Washington Agenda for Reshaping Global Institutions and National Expertises -- 11. Top-Down Participatory Development: Putting a Human Face on Market Hegemony and Trying to Stem the Social Violence of Globalization -- 12. Lawyer Compradors as Opportunistic Institution Builders -- 13. Reformist Strategies around the Courts -- 14. The Logic of Half-Failed Transplants -- Notes -- References -- Index