little such research focused on IP lawyers and practices.34 This section
discusses the methodology for this study, including an assessment of
the strengths and limits of this type of qualitative empirical research.
A. A “Law and Society” Perspective on IP
This study also aims to further a broader goal of developing a
law and society approach to studying intellectual property.35 Such an
approach emphasizes the study of law “in action”—as it operates in
society and culture. A law and society approach also studies law,
legal actors, institutions, processes, and cultures empirically,
primarily using methods developed in social science disciplines,
including political science, sociology, anthropology, history, and
cultural studies.36 Despite the importance and prominence of
intellectual property, it remains an area of law and social practice that
has not been well examined by law and society scholars.37
This approach stresses the need to understand how law operates
from the bottom-up and in everyday practice.38 The law and society
approach to the study of IP is particularly important precisely because
it is an area of law that remains greatly under-studied and undertheorized
from this perspective.