Howard S. Erlanger

Bio: Howard S. Erlanger is an academic researcher from University of Wisconsin-Madison. The author has contributed to research in topics: Legal profession & Public interest. The author has an hindex of 24, co-authored 47 publications receiving 2804 citations. Previous affiliations of Howard S. Erlanger include University of California, Berkeley.

The endogeneity of legal regulation: Grievance procedures as rational myth

Abstract: Most accounts of organizations and law treat law as largely exogenous and emphasize organizations' responses to law. This study proposes a model of endogeneity among organizations, the professions, and legal institutions. It suggests that organizations and the professions strive to construct rational responses to law, enabled by "rational myths" or stories about appropriate solutions that are themselves modeled after the public legal order. Courts, in turn, recognize and legitimate organizational structures that mimic the legal form, thus conferring legal and market benefits upon organizational structures that began as gestures of compliance. Thus, market rationality can follow from rationalized myths: the professions promote a particular compliance strategy, organizations adopt this strategy to reduce costs and symbolize compliance, and courts adjust judicial constructions of fairness to include these emerging organizational practices. To illustrate this model, a case study of equal employment opportunit...

The Endogeneity of Legal Regulation: Grievance Procedures as Rational Myth

Abstract: Most accounts of organizations and law treat law as largely exogenous and emphasize organizations' responses to law. This study proposes a model of endogeneity among organizations, the professions,and legal institutions. It suggests that organizations and the professors strive to construct rational responses to law, enabled by "rational myths" or stories about appropriate solutions that are themselves modeled after the public legal order. Courts, in turn, recognize and legitimate organizational structures that mimic the legal form, thus conferring legal and market benefits upon organizational structures that began as gestures of compliance. Thus, market rationality can follow from rationalized myths: the professions promote a particular compliance strategy, organizations adopt this strategy to reduce costs and symbolize compliance, and courts adjust judicial constructions of fairness to include these emerging organizational practices. To illustrate this model, a case study of equal employment opportunity (EEO) grievance procedures is presented in this article.

Professional Construction of Law: The Inflated Threat of Wrongful Discharge

Abstract: Institutional theories of organizational behavior consistently implicate the professions in explaining the diffusion of new organizational practices, yet there has been little empirical study of precisely what role the professions play. We address that issue by exploring the role of the personnel and legal professions in shaping employers' understandings of law and the threat posed by law. We focus on the implied contract theory of wrongful discharge,a recent common law development that allows employees - under a limited set of circumstances - to sue their employers when they are fired without good cause. We first present an analysis of the actual risk posed by the implied contract theory, based on a survey of published cases in six states. Then, by analyzing articles in professional personnel and Jaw journals, we reveal a striking disparity between the actual threat posed by implied contract theory and the threat as constructed by personnel and legal professionals. Our findings support the argument that the professions play an important role in the diffusion of organizational practices and suggest that the professions' constructions of the environment may critically affect how employers respond to environmental threats.

Professional Construction of Law: The Inflated Threat of Wrongful Discharge

Abstract: Institutional theories of organizational behavior consistently implicate the professions in explaining the diffusion of new organizational practices, yet there has been little empirical study of precisely what role the professions play. We address that issue by exploring the role of the personnel and legal professions in shaping employers' understandings of law and the threat posed by law. We focus on the implied contract theory of wrongful discharge,a recent common law development that allows employees - under a limited set of circumstances - to sue their employers when they are fired without good cause. We first present an analysis of the actual risk posed by the implied contract theory, based on a survey of published cases in six states. Then, by analyzing articles in professional personnel and Jaw journals, we reveal a striking disparity between the actual threat posed by implied contract theory and the threat as constructed by personnel and legal professionals. Our findings support the argument that the professions play an important role in the diffusion of organizational practices and suggest that the professions' constructions of the environment may critically affect how employers respond to environmental threats.

Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace

Abstract: Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend the reach of law, it may also undermine legal rights by deemphasizing and depoliticizing workplace discrimination. Civil rights law, in particular Title VII of the 1964 Civil Rights Act (Title VII), creates administrative and legal channels for redressing complaints regarding equal employment opportunity and affirmative action (EEO/AA). [FN1] Employers cannot forbid employees to use

The iron cage revisited: Institutional isomorphism and collective rationality in organizational fields (Chinese Translation)

Abstract: What makes organizations so similar? We contend that the engine of rationalization and bureaucratization has moved from the competitive marketplace to the state and the professions. Once a set of organizations emerges as a field, a paradox arises: rational actors make their organizations increasingly similar as they try to change them. We describe three isomorphic processes-coercive, mimetic, and normative—leading to this outcome. We then specify hypotheses about the impact of resource centralization and dependency, goal ambiguity and technical uncertainty, and professionalization and structuration on isomorphic change. Finally, we suggest implications for theories of organizations and social change.

Corporal punishment by parents and associated child behaviors and experiences: A meta-analytic and theoretical review.

Abstract: Although the merits of parents using corporal punishment to discipline children have been argued for decades, a thorough understanding of whether and how corporal punishment affects children has not been reached. Toward this end, the author first presents the results of meta-analyses of the association between parental corporal punishment and 11 child behaviors and experiences. Parental corporal punishment was associated with all child constructs, including higher levels of immediate compliance and aggression and lower levels of moral internalization and mental health. The author then presents a process– context model to explain how parental corporal punishment might cause particular child outcomes and considers alternative explanations. The article concludes by identifying 7 major remaining issues for future

Legal Ambiguity and Symbolic Structures: Organizational Mediation of Civil Rights Law

Abstract: Laws that regulate the employment relation tend to set forth broad and often ambiguous principles that give organizations wide latitude to construct the meaning of compliance in a way that responds to both environmental demands and managerial interests. Organizations respond initially by elaborating their formal structures to create visible symbols of compliance. As organizations construct and institutionalize forms of compliance with laws, they mediate the impact of those laws on society. The author uses data from a nationwide survey of 346 organizations to develop models of the creation and institutionalization of organizationally constructed symbols of compliance following the 1964 Civil Rights Act.

The Cost of Inequality: Metropolitan Structure and Violent Crime

Abstract: The hypothesis tested is that variations in rates of urban criminal violence largely result from differences in racial inequality in socioeconomic conditions. Data on the 125 largest American metropolitan areas (SMSAs) are used to ascertain whether this hypothesis can account for three correlates of violent crime differently interpreted in the literature. Criminal violence is positively related to location in the South, which has been interpreted as the result of the Southern tradition of violence. It is positively related to the proportion of blacks in an SMSA, which has been interpreted as reflecting a subculture of violence in ghettos. And it is positively related to poverty, which has been interpreted as the emphasis on toughness and excitement in the culture of poverty. The analysis reveals that socioeconomic inequality between races, as well as economic inequality generally, increases rates of criminal violence, but once economic inequalities are controlled poverty no longer influences these rates, neither does Southern location, and the proportion of blacks in the population hardly does. These results imply that if there is a culture of violence, its roots are pronounced economic inequalities, especially if associated with ascribed position.

Legal Cynicism and (Subcultural?) Tolerance of Deviance: The Neighborhood Context of Racial Differences

Abstract: We advance here a neighborhood-level perspective on racial differences in legal cynicism, dissatisfaction with police, and the tolerance of various forms of deviance. Our basic premise is that structural characteristics of neighborhoods explain variations in normative orientations about law, criminal justice, and deviance that are often confounded with the demographic characteristics of individuals. Using a multilevel approach that permits the decomposition of variance within and between neighborhoods, we tested hypotheses on a recently completed study of 8,782 residents of 343 neighborhoods in Chicago. Contrary to received wisdom, we find that African Americans and Latinos are less tolerant of deviance -including violence- than whites. At the same time, neighborhoods of concentrated disadvantage display elevated levels of legal cynicism, dissatisfaction with police, and tolerance of deviance unaccounted for by sociodemographic composition and crime-rate differences. Concentrated disadvantage also helps explain why African Americans are more cynical about law and dissatisfied with the police. Neighborhood context is thus important for resolving the seeming paradox that estrangement from legal norms and agencies of criminal justice, especially by blacks, is compatible with the personal condemnation of deviance.