• Hendley, Kathryn. “Accelerated Process in the Russian Arbitrazh Courts,” Problems of Post-Communism, vol 52, no. 6, pp. 21-31, 2005. (available here as a downloadable pdf file)

• Hendley, Kathryn. "Business Litigation in the Transition: A Portrait of
  Debt Collection in Russia" Law & Society Review (available here as a downloadable .pdf file only)

• Hendley, Kathryn. "Reforming the Procedural Rules for Business Litigation
  in Russia: To What End?" Demokratizatsiya (available here as a downloadable .pdf file only)

• Hendley, Kathryn. "'Demand' for Law in Russia ? A Mixed Picture" East Europe Constitutional Review

• Hendley, Kathryn. "Rewriting the Rules of the Game in Russia: The Neglected Issue of Demand for Law" East Europe Constitutional Review

• Hendley, Kathryn. "Struggling to Survive: A Case Study of Adjustment at a Russian Enterprise" Europe-Asia Studies (available here as a downloadable .pdf file only)

• Hendley, Kathryn. "Beyond the Tip of the Iceberg: Business Disputes in Russia" (available here as a downloadable .pdf file only)
  

Abstract: The article explores the strategies employed by Russian enterprises when their trading partners fail to live up to their contractual obligations. Building on case-study research, the author identifies three distinct behavioral patterns and teases out the factors that motivate these strategic choices. The theoretical framework for the analysis proceeds from the "pyramid of disputing" approach developed in part in a seminal article by Felstiner, Sarat, and Abel. The author argues that, in the Russian context, the relational distance between trading partners and the specific features of the industrial sector have an important impact on disputing strategy. By contrast, the role of lawyers, which had emerged as critical in the U.S. context, appears to be relatively unimportant in present-day Russia.

• Hendley, Kathryn, Peter Murrell, and Randi Ryterman. Agents of Change or Unchanging Agents?
• (.pdf version click here)

Abstract: The transition from state socialism toward market capitalism has led to an almost endless supply of new laws and legal institutions. Industrial enterprises need to adapt to this new institutional regime. In-house lawyers are well-placed to be agents of change in facilitating this adjustment. Using survey data from 328 Russian enterprises, the article examines the role of company lawyers, asking whether they have fulfilled this potential. Legal expertise is not in short supply, but lawyers are marginalized within the enterprise. They focus on established, routine tasks, such as labor relations or drafting form contracts, rather than on shaping enterprise strategies in the newer areas created by the transition, such as corporate governance or securities law. The failure of in-house lawyers to emerge as agents of change in Russia reflects a continuation of their low status during the Soviet era and the lack of professional identity among these company lawyers. The article has been accepted for publication in Law & Society.

• Hendley, Kathryn. Appellate Decision-Making in the Russian Arbitrazh Courts: A Three Year Assessment (available here as a downloadable .pdf version only)

Abstract: The article analyzes the appellate instance of the Russian arbitrazh courts, which have jurisdiction over most economic disputes. This first level of appellate review is a relatively recent innovation, having been introduced as part of the new procedural code, adopted in mid-1995. Through the use of caseload statistics collected from nine representative courts, the author demonstrates that, notwitstanding the newness of this judicial institution, litigants have embraced it. She examines the overall trends as well as the trends for specific categories of cases. The results indicate that the arbitrazh courts are most often used for routine debt collection. The article has been accepted for publication by the Review of Central and East European Law.