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Observations on 25 Years of Cannabis Law Reforms and Their Implications for the Psychedelic Renaissance in the United States Annual Review of Law And Social Science (IF 2.4) Pub Date : 2022-04-28 Robert A. Mikos
Interest in psychedelics is booming, heralding a possible psychedelic renaissance in the United States. But policy makers interested in expanding access to psychedelic substances would be wise to heed lessons gleaned from the past 25 years of marijuana law reforms. That experience suggests that it may prove impossible to repeal or narrow the federal ban on psychedelics in the near term, but that states
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To Tell the Truth, the Whole Truth, and Nothing but the Truth: Truth Seeking and Truth Telling in Law (and Other Arenas) Annual Review of Law And Social Science (IF 2.4) Pub Date : 2022-04-18 Susan P. Shapiro
This article reviews the fate of truth and falsehood outside of the courtroom, largely—but not exclusively—in the United States. Describing opportunities and techniques to mislead or deceive on and off the Internet and social media, it focuses on the evolving social control response undertaken by institutions and increasingly by distributed networks: government regulators, private actors, self-regulators
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Legal Dualism as a Framework for Analyzing the Role of Law under Authoritarianism Annual Review of Law And Social Science (IF 2.4) Pub Date : 2022-04-18 Kathryn Hendley
This article assesses the usefulness of Fraenkel's concept of the dual state for understanding the role of law under authoritarianism. The concept, reframed as legal dualism, helps make sense of legal systems in which law matters most, but not all, of the time. A review of other analytical frameworks social scientists use to study authoritarian law reveals that they focus on the predilection of authoritarian
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Infrastructures and Laws: Publics and Publicness Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Benedict Kingsbury,Nahuel Maisley
Infrastructures are technical-social assemblages infused in politics and power relations. They spur public action, prompting increased scholarly reference to the practices of infrastructural publics. This article explores the normative and conceptual meanings of infrastructures, publics, and infrastructural publics. It distills from political theory traditions of Hannah Arendt, Jürgen Habermas, and
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Black Lives Matter in Historical Perspective Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Megan Ming Francis,Leah Wright-Rigueur
This review examines the Black Lives Matter movement. Despite a growing body of literature focused on explaining the formation and activities of the present Black Lives Matter movement, less attention is given to the historical antecedents. What are earlier Black-led movements centered on ending state-sanctioned violence? This article situates Black Lives Matter in a much longer lens and examines the
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Street-Level Meta-Strategies: Evidence on Restorative Justice and Responsive Regulation Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 John Braithwaite
Restorative justice may be effective because it is a street-level meta-strategy that is responsive and relational. Nonresponsive, nonrelational strategies that are enacted from desks are less likely to be effective; best-practice strategies may be less likely to be effective than wisely sequenced meta-strategies. Responsive regulation is conceived as a strategy of moving among strategies, as opposed
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Algorithms and Decision-Making in the Public Sector Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Karen Levy,Kyla E. Chasalow,Sarah Riley
This article surveys the use of algorithmic systems to support decision-making in the public sector. Governments adopt, procure, and use algorithmic systems to support their functions within several contexts—including criminal justice, education, and benefits provision—with important consequences for accountability, privacy, social inequity, and public participation in decision-making. We explore the
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The Impact of Experienced and Expressed Emotion on Legal Factfinding Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Jessica M. Salerno
Judges and jurors are asked to comb through horrific evidence of accidents and crimes when choosing verdicts and punishment. These factfinders are likely to experience and express intense emotions as a result. A review of social, cognitive, moral, and legal psychological science illuminates how experienced and expressed emotions in legal settings can unconsciously bias even the most well-intentioned
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Transitional Justice and Property: Inextricably Linked Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Helena Alviar García
This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for restitution, and the debate regarding property redistribution as a part of peace negotiations. The article ends with a synthesis of the different
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Hobbling: The Effects of Proactive Policing and Mass Imprisonment on Children's Education Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Benjamin Justice
Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This article flips the script of the school-to-prison pipeline metaphor by reversing the question. What are the effects of criminal
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Truth Commission Impact on Policy, Courts, and Society Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Onur Bakiner
This review surveys the philosophical underpinnings, conceptual frames, and methodological choices informing the scholarship on truth commission impact to examine whether, how, how much, and why truth commissions influence policy, court decisions, and social norms. It focuses on three areas: ( a) truth commission impact as the product of complex interactions between politicians, civil society activists
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Replicability in Empirical Legal Research Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Jason M. Chin,Kathryn Zeiler
As part of a broader methodological reform movement, scientists are increasingly interested in improving the replicability of their research. Replicability allows others to perform replications to explore potential errors and statistical issues that might call the original results into question. Little attention, however, has been paid to the state of replicability in the field of empirical legal research
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Law and/or/as Civility Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Keith J. Bybee
The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday behavior to constitute civility, then we can approach the current state of affairs by asking how law and civility relate
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Business and Human Rights: Alternative Approaches to Transnational Regulation Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Surya Deva
In recent years, various approaches to transnational regulation of business conduct have evolved as an alternative to the command-and-control model focusing on conduct of domestic businesses and the soft law approach of international human rights law to regulate corporations. On reviewing the potential of five such approaches (i.e., polycentric governance, extraterritorial regulation, proposed international
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Philanthrocapitalism and the Separation of Powers Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Linsey McGoey
This article discusses the rise of an approach to philanthropic giving known as philanthrocapitalism. I relate it to a new paradigm in management theory that has claimed that private profit making naturally aligns with improved public welfare. I show how growing belief in the inherent “compatibility” of corporate missions and public benefits has led to new laws and contributed to major shifts in how
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Social Theory and Legal Theory: Contemporary Interactions Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Roger Cotterrell
This article identifies points of comparison between legal theory and social theory and possibilities for research communication between them. The current range of both fields is such that each must be seen as a compendium of very diverse intellectual projects. So, the article explores particular contemporary themes around which the interests of juristic scholars and social theorists are converging
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Water Security and International Law Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Philippe Cullet,Lovleen Bhullar,Sujith Koonan
International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through
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Advancing Socioeconomic Rights Through Interdisciplinary Factfinding: Opportunities and Challenges Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Sarah Knuckey,Joshua D. Fisher,Amanda M. Klasing,Tess Russo,Margaret L. Satterthwaite
The human rights movement is increasingly using interdisciplinary, multidisciplinary, mixed-methods, and quantitative factfinding. There has been too little analysis of these shifts. This article examines some of the opportunities and challenges of these methods, focusing on the investigation of socio-economic human rights. By potentially expanding the amount and types of evidence available, factfinding's
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Legal Responsibility Among the Young and the Elderly Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Eve M. Brank,Lindsey E. Wylie
The decision of whether to hold someone legally responsible raises both philosophical and psychological questions. Philosophically, legal responsibility derives from either what someone did or who someone is—deed or role responsibility. For both the young and the very old, responsibility for bad actions is intertwined with psychological definitions of competency and capacity. For the young, the law
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Parole Board Decision Making and Constitutional Rights Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Amelia Courtney Hritz
Parole board decision making has changed dramatically over the last century, mirroring broader trends in criminal punishment. Even though parole decisions affect the length of prison sentences and the US Supreme Court has safeguarded defendants’ rights during the sentencing phase of criminal proceedings, the court has largely declined to interfere in parole. After briefly surveying the historical evolution
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On the Interdependence of Liberal and Illiberal/Authoritarian Legal Forms in Racial Capitalist Regimes…The Case of the United States Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Michael McCann,Filiz Kahraman
Scholars conventionally distinguish between liberal and illiberal, or authoritarian, legal orders. Such distinctions are useful but often simplistic and misleading, as many regimes are governed by plural, dual, or hybrid legal institutions, principles, and practices. This is no less true for the United States, which often is misidentified as the paradigmatic liberal constitutional order. Historical
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Constitutional Dictatorships, from Colonialism to COVID-19 Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Jens Meierhenrich
In this article, I use the concept of constitutional dictatorship as a heuristic, as a way of thinking more explicitly about constitutional violence than is customary in comparative constitutional law. Constitutional dictatorship is an epic concept. It is capable of illuminating—and retelling—epic histories of constitutional law, of alerting us to commonalities in constitutional practices of domination—and
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Women's Rights After War: On Gender Interventions and Enduring Hierarchies Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Marie E. Berry,Milli Lake
Postwar recovery efforts foreground gender equality as a key component of building more liberal democracies. This review explores the burgeoning scholarship on women's rights after war, first grappling with war as a period of possibility for building new gender-inclusive institutions. We review efforts in three arenas: increasing women's political representation in postwar democratic transitions; improving
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The Reasonable Person Standard: Psychological and Legal Perspectives Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Mark D. Alicke,Stephanie H. Weigel
In criminal cases of self-defense and provocation, and civil cases of negligence, culpability is often decided with reference to how a reasonably prudent person (RPP) would have behaved in similar circumstances. The RPP is said to be an objective standard in that it eschews consideration of a defendant's unique background or characteristics. We discuss theory and evidence suggesting that in morally
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What Is Cultural Cognition, and Why Does It Matter? Annual Review of Law And Social Science (IF 2.4) Pub Date : 2021-10-13 Jeffrey J. Rachlinski
By all accounts, we currently live in a polarized political state in which virtually every fact is contestable. From climate change to vaccine efficacy, people feel free to choose their own facts to support politically charged arguments. Partisans in every area of American life are unable to agree on the basic assumptions underlying political debate. Research on cultural cognition demonstrates that
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The Origins of Mass Incarceration: The Racial Politics of Crime and Punishment in the Post–Civil Rights Era Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Katherine Beckett,Megan Ming Francis
This article examines the origins of US mass incarceration. Although it is clear that changes in policy and practice are the proximate drivers of the prison boom, researchers continue to explore—and disagree about—why crime control policy and practice changed in ways that fueled the growth of incarceration in all 50 states. One well-known account emphasizes the centrality of racial and electoral politics
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Conversations in Law and Society: Oral Histories of the Emergence and Transformation of the Movement Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Calvin Morrill,Lauren B. Edelman,Yan Fang,Rosann Greenspan
This article uses oral histories of surviving founders to explore the emergence of law and society as a scholarly movement and its transformation to a scholarly field. The oral histories we draw on come from a unique public archive of interviews with founders of law and society titled Conversations in Law and Society, which is maintained by the Center for the Study of Law & Society (CSLS) at the University
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Law and Religion: Reimagining the Entanglement of Two Universals Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Mona Oraby,Winnifred Fallers Sullivan
In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists, historians, sociologists, and religious studies scholars is undergoing a real renaissance. Exciting new work explores
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Gun Studies and the Politics of Evidence Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Jennifer Carlson
This review is about scholarly contributions to a hotly debated issue—gun policy. Teasing apart the politics of evidence within gun politics, it examines both how research agendas shape gun policy and politics as well as how gun policy and politics shape research agendas. To do so, the article maps out two waves of gun research, Gun Studies 1.0 and Gun Studies 2.0. Gun Studies 1.0 emphasizes scientific
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Criminal Trials and Reforms Intended to Reduce the Impact of Race: A Review Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Barbara O'Brien,Catherine M. Grosso
This review collects initiatives and legal decisions designed to mitigate discrimination in pretrial decision making, jury selection, jury unanimity, and jury deliberations. It also reviews initiatives to interrupt implicit racial biases. Among these, Washington's new rule for jury selection stands alone in treating racism as the product of both individual actors’ decisions and long-standing legal
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Constructing the Human Right to a Healthy Environment Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 John H. Knox
Despite the absence of a right to a healthy environment in the Universal Declaration of Human Rights or any global human rights treaty, environmental human rights law has rapidly developed over the past 25 years along three paths: ( a) the widespread adoption of environmental rights in regional treaties and national constitutions; ( b) the greening of other human rights, such as the rights to life
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The Influence of Latino Ethnicity on the Imposition of the Death Penalty Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Sheri Lynn Johnson
With respect to African Americans, the history of racial discrimination in the imposition of the death penalty is well-known, and the persistence of racial disparities in the modern era of capital punishment is well-documented. In contrast, the influence of Latino ethnicity on the imposition of the death penalty has been studied very little. A review of the limited literature reveals evidence of discrimination
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Sex-Based Harassment and Symbolic Compliance Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Lauren B. Edelman,Jessica Cabrera
With the rise of the #MeToo movement, there has been a groundswell of attention to sex-based harassment. Organizations have pressured high-level personnel accused of harassment to resign, or fired them outright, and they have created or revised their anti-harassment policies, complaint procedures, and training programs. This article reviews social science and legal scholarship on sex-based harassment
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Risky Situations: Sources of Racial Disparity in Police Behavior Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Marie Pryor,Kim Shayo Buchanan,Phillip Atiba Goff
Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their framework to the realities of police work, identifying situations and assignments in which these factors are likely to influence officers’
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Governing the Belongings of the Precariously Housed: A Critical Legal Geography Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Nicholas Blomley,Alexandra Flynn,Marie-Eve Sylvestre
Precariously housed people face serious challenges in securing their personal possessions from the actions of both private and public actors. This is despite evidence of widespread destruction, seizure, and theft; associated violations of equality and dignity rights; the significance of the belongings to their owners; and the heightened vulnerability that the loss of their belongings may place people
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Personalism and the Trajectories of Populist Constitutions Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 David Landau
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken power in recent years have often sought to carry out formal or informal constitutional changes. Whereas some of these changes have been celebrated as constitutional innovations, many have been viewed as threats
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The Experience of a Legal Career: Attorneys’ Impact on the System and the System's Impact on Attorneys Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Krystia Reed
Because attorneys are essential to a fair legal process, it is important to understand the experience of a legal career. This article first reviews research on the influence of attorneys on the legal system, focusing on the effect on the influence of trial attorneys on ( a) juries, with a particular focus on attorney skill, behavior, trial decisions (i.e., joinder/severance, jury selection, opening
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Human Rights and Technology: New Challenges for Justice and Accountability Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Molly K. Land,Jay D. Aronson
This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibility for harms in ways that undermine traditional mechanisms
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Tool for Surveillance or Spotlight on Inequality? Big Data and the Law Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Rebecca A. Johnson,Tanina Rostain
The rise of big data and machine learning is a polarizing force among those studying inequality and the law. Big data and tools like predictive modeling may amplify inequalities in the law, subjecting vulnerable individuals to enhanced surveillance. But these data and tools may also serve an opposite function, shining a spotlight on inequality and subjecting powerful institutions to enhanced oversight
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Regulation and Recent Trends in High-Interest Credit Markets Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Carlie Malone,Paige Marta Skiba
In this article we review the contested effects of traditional payday loans on borrowers and describe recent regulatory changes to the product. We then provide detail on the institutional features and regulation—to the extent that there is any—of new products emerging to fill demand that remains when payday loans are more strictly regulated. Little is known about the effects of these new loan products
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Untangling the Concept of Adversarial Legalism Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Jeb Barnes,Thomas F. Burke
The concept of adversarial legalism has been widely used by scholars of law, public administration, public policy, political science, sociology, and Law and Society, but the varying ways in which the concept has been employed raise concerns that it has become stretched to the point of incoherence. We argue that adversarial legalism entails both a style, an everyday practice of dispute resolution and
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Online Dispute Resolution and the Future of Justice Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Colin Rule
Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted social institutions to resolve problems fairly and consistently, and that is true also for the online society we are building on the Internet. Online dispute resolution (ODR) is the study of how to effectively use technology to help parties
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Healthy Development as a Human Right: Insights from Developmental Neuroscience for Youth Justice Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 B.J. Casey,Kim Taylor-Thompson,Estée Rubien-Thomas,Maria Robbins,Arielle Baskin-Sommers
Healthy development is a fundamental right of the individual, regardless of race, ethnicity, or social class. Youth require special protections of their rights, in part owing to vulnerabilities related to psychological and brain immaturity. These rights include not only protection against harm but opportunities for building the cognitive, emotional, and social skills necessary for becoming a contributing
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The Impact of Medical Malpractice Reforms Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Jing Liu,David A. Hyman
This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim frequency, payouts per claim, and total payouts. The effects of damage caps on malpractice premiums, physician supply, and defensive medicine are more modest. It is difficult to quantify the impact of reforms
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What the Study of Legal Cynicism and Crime Can Tell Us About Reliability, Validity, and Versatility in Law and Social Science Research Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 John Hagan,Bill McCarthy,Daniel Herda
We call for a further appreciation of the versatility of concepts and methods that increase the breadth and diversity of work on law and social science. We make our point with a review of legal cynicism. Legal cynicism's value, like other important concepts, lies in its versatility as well as its capacity for replication. Several classic works introduced legal cynicism, but Sampson & Bartusch named
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Computational Methods in Legal Analysis Annual Review of Law And Social Science (IF 2.4) Pub Date : 2020-10-13 Jens Frankenreiter,Michael A. Livermore
The digitization of legal texts and advances in artificial intelligence, natural language processing, text mining, network analysis, and machine learning have led to new forms of legal analysis by lawyers and law scholars. This article provides an overview of how computational methods are affecting research across the varied landscape of legal scholarship, from the interpretation of legal texts to
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Understanding Immigration Detention: Causes, Conditions, and Consequences Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Emily Ryo
During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States–Mexico border. The ensuing media storm generated unprecedented public awareness about immigration detention. The recency of this public attention belies a long-standing immigration enforcement practice that has generated a growing
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Field-Based Methods of Research on Human Rights Violations Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Daniel Rothenberg
Field-based research lies at the heart of human rights discourse and practice. Yet, there is a lack of consistency and coherence in the methodologies used and inadequate transparency regarding research methods in most human rights reporting. This situation opens work up to multiple challenges as to quality, veracity, and legitimacy. Although there have been repeated calls for greater methodological
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The Law and Economics of Redistribution Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Matthew Dimick
Should legal rules be used to redistribute income? Or should income taxation be the exclusive means for reducing income inequality? This article reviews the legal scholarship on this question. First, it traces how the most widely cited argument in favor of using taxes exclusively— Kaplow & Shavell's (1994) double-distortion argument—evolved from previous debates about whether legal rules could even
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From Food Chains to Food Webs: Regulating Capitalist Production and Consumption in the Food System Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Christine Parker,Hope Johnson
This review addresses food as a topic of sociolegal studies. We show that the divide between production and consumption in law and social science is increasingly untenable in the context of contemporary globalizing, industrializing food chains underpinned by a productivist ideology and supported by a consumptogenic cultural economy. Sociolegal studies of food are well-suited to grappling with the complexity
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On Juror Decision Making: An Empathic Inquiry Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Dan Simon
This review examines the workings of jurors deciding criminal cases. It seeks not to commend or condemn jury decision making but rather to offer an empathic exploration of the task that jurors face in exercising their fact-finding duty. Reconstructing criminal events in the courtroom amounts to a difficult feat under the best of circumstances. The task becomes especially complicated under the taxing
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The Decline of the Judicial Override Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Michael L. Radelet,G. Ben Cohen
Since 1972, the Supreme Court has experimented with regulation of the death penalty, seeking the illusive goals of consistency, reliability, and fairness. In this century, the court held that the Sixth Amendment prohibited judges from making findings necessary to impose a death sentence. Separately, the court held that the Eighth Amendment safeguarded evolving standards of decency as measured by national
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Law and Civilization: Norbert Elias as a Regulation Theorist Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Robert van Krieken
The German sociologist Norbert Elias developed a wide-ranging sociological analysis of the interconnections between processes of state formation, institutional dynamics, and individual subjectivity, or habitus, and the logic of their processes of transformation over time. His work has had significant impact on social scientific thought in a wide variety of fields, including the historical sociology
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Racial Innocence: Law, Social Science, and the Unknowing of Racism in the US Carceral State Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Naomi Murakawa
Racial innocence is the practice of securing blamelessness for the death-dealing realities of racial capitalism. This article reviews the legal, social scientific, and reformist mechanisms that maintain the racial innocence of one particular site: the US carceral state. With its routine dehumanization, violence, and stunning levels of racial disparity, the carceral state should be a hard test case
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The Every Day Work of Studying the Law in Everyday Life Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Susan S. Silbey
Susan Silbey began her academic training in political science and in the course of her studies became a sociologist of law, the last two decades as a member of the Massachusetts Institute of Technology's anthropology department and management school. The disciplinary transformations ground, in part, her attention to the ways in which the everyday life of scholarship has led her to study the everyday
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Law, Morality, and Health Care Professionals: A Multilevel Framework Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Elizabeth Chiarello
Socio-legal scholars have long been interested in the relationship between law and morality. This article uses a multilevel approach to understanding this relationship by focusing on health care professionals, key actors in an institution that covers broad swaths of social life and that serves as a key site of moral meaning making and practice. I demonstrate how morality and law interface differently
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Legal and Political Responses to Campus Sexual Assault Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Michele Landis Dauber,Meghan O. Warner
Despite a long history of reform efforts, college students remain vulnerable to sexual harassment and assault on campus. This article surveys that history from the 1970s to the present, including a flurry of enforcement activity under President Obama and a backlash and reversed course under Trump. Many of the systems—for example law, education, and public health—designed to ameliorate the epidemic
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Empirical Studies of Human Rights Law Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Kevin L. Cope,Cosette D. Creamer,Mila Versteeg
A growing body of empirical studies has provided important insights into our understanding of the causes and effects of codified human rights. Yet empirical research has treated human rights treaties and constitutional rights as separate domains, even though the two regimes offer many of the same rights protections and can interact and reinforce each other. In this article, we review these two bodies
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Could Populism Be Good for Constitutional Democracy? Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Bojan Bugaric
Populism is Janus-faced. There is not a single form of populism but rather a variety of different forms, each with profoundly different political consequences. Despite the current hegemony of authoritarian populism, a much different sort of populism is also possible: democratic and antiestablishment populism, which combines elements of liberal and democratic convictions. When we examine the relationship
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Populism and the Rule of Law Annual Review of Law And Social Science (IF 2.4) Pub Date : 2019-10-13 Nicola Lacey
The resurgence of populism in Europe and North America is widely thought to have placed the rule of law under pressure. But how many of the relevant developments are indeed associated with populism? And is any such association a contingent or analytic matter: Does populism inevitably threaten the rule of law, or do other conditions intervene to shape its impact? After setting out how I understand the