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Articles Posted in Thinking

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Distributive justice (outcome fairness) and procedural justice (method fairness)

Research into what people feel is a just outcome suggests that people are concerned not only with the perceived fairness of the outcome in a particular situation, but also with the perceived fairness of the process that determined the outcome. These two concerns are referred to as distributive and procedural…

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Descriptions of ideal legal department help less than a focus on what actually happens

Amartya Sen, Nobel Laureate in Economics, explains in The Idea of Justice (Harvard Univ. 2009) at 6-7 et seq., the difference between what he calls “transcendental institutionalism” and “realization-focused comparison.” Fancy words from a philosopher, but they boil down to the difference between describing ideal justice (or any aspect of…

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Internet tools and offerings retard our ability to concentrate, absorb, and learn

Quite fittingly, just after I wrote about software that shields users from interruptions like email, instant messaging, and online networks, I was distracted by an article in Wired, June 2010 at 116. The article compellingly argues that the cognitive effects of information overload and interruption from the Internet cause significant…

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Not structure but decision-making prowess sets a legal department above the crowd

“Contrary to popular belief, performance is not determined solely by the nature, scale and disposition of resources, important though they may be.” Instead, argues an article by three Bain partners in the Harvard Bus. Rev., June 2010 at 54, it is “the organization’s ability to make and execute key decisions…

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Hyperpost on innovation and creativity – six metaposts on originality

With my most recent collection of posts about novel approaches to management issues, I have reached the point where my metaposts deserve to be pulled together into a hyperpost. Well-run legal departments constantly change for the better, even though the improvements (aka innovations) are mostly at the margins, modest, not…

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An update on posts about innovation and creativity in legal departments

What’s new and shiny catches my eye, even though I believe that tortoise-like incremental improvements hold more promise for legal departments than do hare-racing radical changes. I also believe that opportunities to do something new, even if small potatoes, surround around everyone in a law department, all the time. Many…

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How management practices vary as they diffuse from law department to law department

Hundreds of management practices thrive in the ecosystem that is legal departments. Some of them stay local, others take root everywhere. Academics refer to the spread of a management practice as “diffusion.” A thoughtful article in the Acad. Mgt. Rev., Jan. 2010 at 67-92, frames an understanding of diffusion. Take…