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On Shared Suffering: Judicial Intimacy in the Rural Northland Law & Society Review (IF 1.431) Pub Date : 2021-02-16 Michele Statz
Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of “access to justice.” Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a rural courtroom accessible to parties without counsel is
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The Role of Place and Sociodemographic Characteristics on the Issuance of Temporary Civil Protection Orders Law & Society Review (IF 1.431) Pub Date : 2021-02-16 Anne Groggel
Civil protection orders are one of the most widely used legal interventions for intimate partner violence. Every American state has legislation that allows victims to seek legal remedies through protection orders such as preventing abusers from contacting them, requiring perpetrators to stay away from specific locations, and ordering removal of firearms. However, judges do not grant every petition
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American Policing and the Danger Imperative Law & Society Review (IF 1.431) Pub Date : 2021-02-16 Michael Sierra‐Arévalo
In spite of long‐term declines in the violent victimization of U.S. police officers, the danger of police work continues to structure police socialization, culture, and behavior. Existing research, though attentive to police behavior and deviance that negatively affects the public, analytically ignores how the danger of policing engenders officer behavior that harms police themselves. Drawing on ethnographic
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Contentious Politics in the Courthouse: Law as a Tool for Resisting Authoritarian States in the Middle East Law & Society Review (IF 1.431) Pub Date : 2021-02-16 Steven D. Schaaf
Under what conditions will individuals mobilize law to resist states that operate above the law? In authoritarian countries, particularly in the Middle East, law is a weapon the state wields for social control, centralizing power, and legitimation. Authoritarian legal codes are overwhelmingly more deferential to state authority than protective of citizens' rights. Nevertheless, people throughout the
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How Migrations Affect Private Orders: Norms and Practices in the Fishery of Marseille Law & Society Review (IF 1.431) Pub Date : 2021-02-16 Florian Grisel
The major aim of this article is to examine how migrations affect private governance, taking as a case study the Prud'homie de pêche, a private order that has governed the fishery of Marseille for the past six centuries. Scholarship generally argues that social norms guarantee the efficiency of private orders and their ability to resist the arrival of newcomers. My data suggest that the Prud'homie
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Collective Liminality: The Spillover Effects of Indeterminate Detention on Immigrant Families Law & Society Review (IF 1.431) Pub Date : 2020-12-18 Mirian G. Martinez‐Aranda
This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data collection between 2015 and 2017 that included accompanying
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The Institutional Hearing Program: A Study of Prison‐Based Immigration Courts in the United States Law & Society Review (IF 1.431) Pub Date : 2020-12-11 Ingrid Eagly, Steven Shafer
This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison‐based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of archival records, this study makes three central contributions
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The Master Translator: Sally Merry and the Interdisciplinary Study of Law Law & Society Review (IF 1.431) Pub Date : 2020-12-18 Jennifer E. Telesca, Matthew Canfield
Interdisciplinarity is a delicate achievement. We learned this some years ago when the Program in Law and Society at New York University collapsed. News of the administration's reluctance to continue its support of the Program trickled down to us as graduate students in fall 2009. At the time, the Program's Director (and our advisor) was Sally Merry. Universities often celebrate interdisciplinarity
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Speaking of Justice: A Qualitative Interview Study on Perceived Procedural Justice Among Defendants in Dutch Criminal Cases Law & Society Review (IF 1.431) Pub Date : 2020-08-21 Lisa F. M. Ansems, Kees van den Bos, Elaine Mak
Qualitative interviews with one hundred defendants in Dutch criminal cases examine whether perceived procedural justice is a relevant concern for defendants, and, if so, which procedural justice components they refer to. The study provides a point of epistemological departure from the quantitative studies dominating the field, as it assessed which components of procedural justice (if any) respondents
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Binding Morality and Perceived Harm as Sources of Moral Regulation Law Support Among Political and Religious Conservatives Law & Society Review (IF 1.431) Pub Date : 2020-08-21 Jasmine R. Silver
Conservatives—both political and religious—are more likely than liberals to support laws regulating traditional or religious morality. The current study applies a moral psychological framework to argue that the association between conservatism and moral regulation law support can be explained in part by binding morality, or a moral orientation that privileges group needs above individual needs and
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Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label Law & Society Review (IF 1.431) Pub Date : 2020-08-21 Tim Dorlach, Paul Mertenskötter
This article analyzes the everyday interpretive practices of corporations and bureaucrats that shape the meaning and force of international economic law. To understand how common practices such as public consultation submissions, corporate threat letters, and external legal assistance influence regulators' understanding of their “legally available” policy space, we study the contested introduction
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The Fight to Globalize Labor: Understanding the Role of Activists in the Spread of International Norms Law & Society Review (IF 1.431) Pub Date : 2020-08-21 Andrew B. Wolf
International relations scholars have traditionally focused on state‐centered accounts of international legal norm development between nations while sociolegal scholars have focused on Weberian notions of occupational authority. This study advances a constructivist sociolegal approach emphasizing activist action as playing a unique role in shaping international norms. Specifically, this study investigates
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The Power of Second‐Order Legal Consciousness: Authorities’ Perceptions of “Street Policy” and Welfare Fraud Enforcement Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Spencer Headworth
Legal authorities’ second‐order legal consciousness—their perceptions of others’ understandings of law—shapes the social realization of legal power. Analysis of interviews with welfare fraud enforcement workers from five US states reveals their perceptions of how clients view law, policy, and enforcement practices, and shows these perceptions’ consequences. Enforcement workers’ perceptions influence
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Police Ambassadors: Student‐Police Interactions in School and Legal Socialization Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Aaron Kupchik, F. Chris Curran, Benjamin W. Fisher, Samantha L. Viano
The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth. In this study, we analyze data from interviews with
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Different Ways of Losing: Public Defenders (and Private Counsel) at the Supreme Court of Argentina Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Juan F. González‐Bertomeu
Though most countries have established public defense systems to represent indigent defendants, this is far from implying their offices are in good shape. Indeed, significant variation likely exists in the systems' effectiveness, across societies and at the subnational level. Defense agencies' performance likely depends on their configuration, including their funding, their internal arrangements, and
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Pre‐emptive Constitution‐Making: Authoritarian Constitutionalism and the Military in Myanmar Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Melissa Crouch
Constitutions are an important feature of many authoritarian regimes. But what role do they in fact perform in processes of authoritarian regime stabilization and legitimation? Much of the contemporary literature focuses on authoritarian constitutionalism in transitions away from constitutional democracy. This article considers the opposite scenario: pre‐emptive constitution‐making as a mechanism of
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International Criminal Accountability and the Domestic Politics of Resistance: Case Studies from Kenya and Lebanon Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Courtney Hillebrecht
Contemporary international criminal law suggests that head of state immunity does not extend to atrocity crimes, but the executive's office continues to be the safest place for suspected perpetrators. Moreover, indicted suspects can use the threat of international accountability to win democratically contested elections. This article asks how suspects and their surrogates translate an indictment from
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From a Spouse to a Citizen: The Gendered and Sexualized Path to Citizenship for Marriage Migrants in South Korea Law & Society Review (IF 1.431) Pub Date : 2020-05-08 Nora Hui‐Jung Kim, Hyemee Kim
Morality has been a key factor in naturalization. However, defining what constitutes good moral character has never been specified, leaving interpretation of the good moral character requirement to the discretion of immigration officials and judges. Based on an analysis of court cases filed by marriage migrants, this article expands our understanding of the legal interpretation of the “good morality”
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Elite Mobilization: A Theory Explaining Opposition to Gay Rights Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Benjamin G. Bishin, Thomas J. Hayes, Matthew B. Incantalupo, Charles Anthony Smith
Media and scholastic accounts describe a strong backlash against attempts to advance gay rights. Academic research, however, increasingly raises questions about the sharply negative and enduring opinion change that characterizes backlash among the mass public. How can we reconcile the widespread backlash described by the media with the growing body of academic research that finds no evidence of the
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On the Radar: System Embeddedness and Latin American Immigrants' Perceived Risk of Deportation Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Asad L. Asad
Drawing on in‐depth interviews with 50 Latin American immigrants in Dallas, Texas, this article uncovers systematic distinctions in how immigrants holding different legal statuses perceive the threat of deportation. Undocumented immigrants recognize the precarity of their legal status, but they sometimes feel that their existence off the radar of the US immigration regime promotes their long‐term presence
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Jailing Immigrant Detainees: A National Study of County Participation in Immigration Detention, 1983–2013 Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Emily Ryo, Ian Peacock
Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties participating in this arrangement and the predictors
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Reconfiguring the Deserving Refugee: Cultural Categories of Worth and the Making of Refugee Policy Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Talia Shiff
Studies on asylum give little explanatory power to the role of categories of worth in how lawmakers formulate asylum law in lack of a clear policy framework for determining eligibility for asylum status. This article contends that during periods of policy upheaval, distinctions of worth shift to forefront lawmaking: lawmakers renegotiate the moral boundaries between categories of deserving and undeserving
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The Role of Military Law and Systemic Issues in the Military's Handling of Sexual Assault Cases Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Carolyn M. Warner, Mia A. Armstrong
Allegations of sexual assault and sexual harassment by prominent entertainment and media figures and politicians in the United States have brought renewed attention to a political debate that earlier had been focused on universities and the military: the apparent failure of institutions to address and punish cases of sexual assault by their members. In light of this debate, we consider how cases fare
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Reassessing Gender Neutrality Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Abigail C. Saguy, Juliet A. Williams, Mallory Rees
Since the 1970s, advocates have used the term gender neutral to press for legal change in contexts ranging from employment discrimination to marriage equality to public restroom access. Drawing on analyses of all Supreme Court cases, federal courts of appeals cases, and Supreme Court amicus briefs in which the terms gender neutral/neutrality, sex neutral/neutrality, or sexually neutral/sexual neutrality
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Repeat Players, the Law, and Social Change: Redefining the Boundaries of Environmental and Labor Governance Through Preemptive and Authoritarian Legality Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Annabel Ipsen
Powerful corporations leverage the law to shape the regulatory environments in which they operate. A key strategy for achieving this is litigation. I ask under what conditions corporations litigate, and specifically, what happens when two repeat players, transnational agribusiness firms and local governments, face each other in court. I compare outcomes of two cases—Hawaii and Arica, Chile—documenting
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Legal Consciousness and Cultural Capital Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Kathryne M. Young, Katie R. Billings
In this article, we use a Bourdieusian framework to theorize the relationship between cultural capital and legal consciousness, and in turn to consider how variation in legal consciousness contributes to the creation and maintenance of legal hegemony. We investigate how cultural capital shapes the ways people navigate situations that force them to mediate between state‐conferred rights, on one hand
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Realizing the Right to Be Cold? Framing Processes and Outcomes Associated with the Inuit Petition on Human Rights and Global Warming Law & Society Review (IF 1.431) Pub Date : 2020-01-29 Sébastien Jodoin, Shannon Snow, Arielle Corobow
Our article provides an in‐depth analysis of the framing processes and outcomes associated with a petition submitted by Inuit communities in the arctic on the human rights violations caused by climate change before the Inter‐American Commission of Human Rights in 2005. Drawing on semi‐structured interviews conducted in two different Inuit communities in Canada that have ties to the petition and with
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Examining the Paradox of Crime Reporting: Are Disadvantaged Victims More Likely to Report to the Police? Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Heather Zaykowski, Erin Cournoyer Allain, Lena M. Campagna
This study uses an intersectional approach to examine the “paradox” that disadvantaged victims often mobilize the police, despite their distrust and lack of confidence in the law. Data from the National Crime Victimization Survey (1994–2016) were analyzed using logistic regression to model the predicted probabilities of police notification by victims of crime. Economic disadvantage, as measured by
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The Differential Management of Financial Illegalisms: Assigning Responsibilities in the Libor Scandal Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Thomas Angeletti
How, in a context of growing critiques of financialization, can law contribute to protecting the legitimacy of finance? This paper argues that the assignment of responsibilities between individuals and organizations plays a decisive role, using the recent Libor scandal as an empirical illustration. To do so, the paper offers a Foucauldian framework, the differential management of financial illegalisms
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Fear of the Disability Con: Perceptions of Fraud and Special Rights Discourse Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Doron Dorfman
This article presents a new framework for analyzing the development and implementation of disability law: the prism of the fear of “the disability con”—popular perceptions of fraud and fakery. We all encounter disability rights and accommodations in everyday life. However, people with disabilities pay a price for the legal recognition of their rights. People who park in disabled parking spots, use
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Disability, Rights, and the Construction of Sexuality in Tort Claims Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Sagit Mor, Rina B. Pikkel
This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded
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Workers with Disabilities Between Legal Changes and Persisting Exclusion: How Contradictory Rights Shape Legal Mobilization Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Aude Lejeune, Julie Ringelheim
It has become commonplace within disability sociolegal scholarship to argue that, in the last 30 years, a new legal and policy approach to disability has emerged, leading to a paradigm shift from a social protection framework to an antidiscrimination model. Some authors have stressed, however, that the new model has not fully replaced the older social protection approach. Yet little is still known
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Regulatory Pragmatism, Legal Knowledge and Compliance with Law in Areas of State Weakness Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Susan L. Ostermann
The literature suggests that compliance with law is unlikely in areas of state weakness absent additional state capacity. Utilizing three novel data sets collected in adjacent districts in India and Nepal, this article demonstrates that weak states can significantly increase compliance by fostering accurate legal knowledge—something the literature often assumes is widespread. This assumption is problematic
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Critical Mass for Affirmative Action: Dispersing the Critical Cloud Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Jessica Rose Kalbfeld
The concept of critical mass has been invoked by social scientists and the Supreme Court in affirmative action decisions as a solution to problems related to underrepresentation of minority students in institutions of higher education. Little distinction is made by scholars between the Court's use of critical mass as a metaphor and its application in research as a mathematical concept. I use Agent‐Based
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The Will to Change: Lessons from Canada's Successful Decarceration of Youth Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Cheryl Marie Webster, Jane B. Sprott, Anthony N. Doob
In 1997, Canada's youth custodial facilities held 3825 sentenced youths. Eighteen years later, this number was 527—an 86 percent reduction. Overall youth imprisonment (sentenced + pretrial detention) decreased by approximately 73 percent. This paper uses Canada's successful decarceration of youths to understand what might be learned about decarceration more broadly. By examining the reforms that transpired
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Realizing the Right to Access in France: Between Implementation and Activation Law & Society Review (IF 1.431) Pub Date : 2019-11-22 Anne Revillard
This article explores the realization of the right to access in France, based on biographical interviews with people with mobility or visual impairments. I lay out an original theoretical framework for studying rights realization at the individual level. Although rights activation is the horizon of most rights consciousness research, I argue that rights do not necessarily need to be activated in order
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The Global Adoption of National Policies Protecting Children from Violent Discipline in Schools and Homes, 1950-2011. Law & Society Review (IF 1.431) Pub Date : 2018-07-18 Hollie Nyseth Brehm,Elizabeth Heger Boyle
With a focus on the relationship between women's and children's rights and theories of globalization, we conduct an event history analysis of more than 150 countries between 1950 and 2011 to assess the factors associated with policies banning corporal punishment in schools and homes. Our research reveals that formal condemnation of corporal punishment in schools is becoming a global norm; policies
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Toward the Implementation of Intersectionality in the European Multilevel Legal Praxis: B. S. v. Spain Law & Society Review (IF 1.431) Pub Date : 2019-10-30 MariaCaterina La Barbera, Marta Cruells López
This article identifies the factors that contribute to the successful implementation of intersectionality in European multilevel legal praxis through the analysis of the case B.S. v. Spain. Combining critical legal analysis of the main judicial documents with qualitative methodology from political science based on in‐depth interviews with key actors involved in the case, we uncover the obstacles and
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Race, Ethnicity, and Perceived Minority Police Presence: Examining Perceptions of Criminal Injustice Among Los Angeles Residents Law & Society Review (IF 1.431) Pub Date : 2019-07-17 Xia Wang, Justin Ready, Garth Davies
Although the conventional wisdom holds that increasing the number of minority officers will enhance residents' perceptions of police and the criminal justice system, further systematic investigation of this hypothesis may be needed. Building on the group‐position thesis, the representative bureaucracy theory, and prior research, this study investigates whether perceived minority police presence within
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Compensation and Compliance: Sources of Public Acceptance of the U.K. Supreme Court's Brexit Decision Law & Society Review (IF 1.431) Pub Date : 2019-07-13 Ezequiel Gonzalez‐Ocantos, Elias Dinas
The perception that a high court's decision is binding and final is a crucial prerequisite for its ability to settle political conflicts. Under what conditions are citizens more likely to accept controversial judicial rulings? Mass acceptance is determined, in part, by how rulings are framed during public debate. This paper takes a broad view of the strategies and actors that influence the discursive
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Allies Already Poised to Comply: How Social Proximity Affects Lactation at Work Law Compliance Law & Society Review (IF 1.431) Pub Date : 2019-06-14 Elizabeth A. Hoffmann
This study demonstrates how legal compliance may be better achieved when organizations include individuals who will advocate for newly codified rights and related accommodations. To understand compliance with a new law and the rights it confers, this article examines as its case study the Lactation at Work law, which amends the Fair Labor Standards Act to mandate basic provisions for employees to express
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Adjudicating Executive Privilege: Federal Administrative Agencies and Deliberative Process Privilege Claims in U.S. District Courts Law & Society Review (IF 1.431) Pub Date : 2019-06-12 Gbemende E. Johnson
Government transparency is a key component of democratic accountability. The U.S. Congress and the president have created multiple legislative avenues to facilitate executive branch transparency with the public. However, when the executive branch withholds requested information from the public, the federal judiciary has the power to determine whether agencies must release documents and information
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Relational Legal Consciousness of U.S. Citizenship: Privilege, Responsibility, Guilt, and Love in Latino Mixed‐Status Families Law & Society Review (IF 1.431) Pub Date : 2019-06-06 Leisy J. Abrego
Based on interviews with 100 members of mixed‐status families in Los Angeles, California, this article analyzes how U.S. citizen children practice and understand citizenship in the context of punitive laws targeting their loved ones. Participants' narratives of citizenship as privilege, responsibility, and guilt reveal that despite normative conceptions of citizenship as a universally equal status
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Moving Children through Private International Law: Institutions and the Enactment of Ethics Law & Society Review (IF 1.431) Pub Date : 2019-06-06 Sonja van Wichelen
This article examines how the Hague Convention on the Protection of Children and Co‐operation in Respect of Intercountry Adoption (Hague Adoption Convention) plays a central role in justifying the institution of legal adoption. The Hague Adoption Convention has often been regarded as a response to the challenges that the “global situation” brings to adoption practice. Based on private international
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Across the Sloping Meadow Floor: An Empirical Analysis of Preremoval Detention of Noncitizens Law & Society Review (IF 1.431) Pub Date : 2019-06-03 Joan‐Josep Vallbé, Markus González‐Beilfuss, Barak Kalir
In many countries, the law permits state authorities to detain noncitizens before deportation. Typically judicial decisions about preremoval detention must be made within a short period of time during which deportable noncitizens are held in police premises, and depending on the country detention may last just one month (e.g., France) or up to 18 months (the Netherlands). While previous research has
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Dissent, Legitimacy, and Public Support for Court Decisions: Evidence from a Survey‐Based Experiment Law & Society Review (IF 1.431) Pub Date : 2019-04-03 Henrik Litleré Bentsen
Scholars often argue that whereas unanimous rulings should boost public support for court decisions, dissents should fuel public opposition. Previous studies on public responses to U.S. Supreme Court decisions suggest that unanimity does in fact bolster support. However, a recent study has also found that dissents may increase support among opponents of a court decision by suggesting evidence of procedural
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Naming Names: The Impact of Supreme Court Opinion Attribution on Citizen Assessment of Policy Outcomes Law & Society Review (IF 1.431) Pub Date : 2019-03-14 Scott S. Boddery, Laura P. Moyer, Jeff Yates
The manner in which political institutions convey their policy outcomes can have important implications for how the public views institutions' policy decisions. This paper explores whether the way in which the U.S. Supreme Court communicates its policy decrees affects how favorably members of the public assess its decisions. Specifically, we investigate whether attributing a decision to the nation's
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Mass Atrocity, Mass Testimony, and the Quantitative Turn in International Law Law & Society Review (IF 1.431) Pub Date : 2019-03-12 Renana Keydar
The article identifies and analyses the development it labels the “quantitative turn” in international criminal law. Addressing the cumulative effect of the large numbers of witnesses in international processes, the article considers quantity as an integral, and substantively beneficial, component of the law's response to atrocity crimes. The article develops a theorized understanding of the relationship
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Medical Malpractice Appeals in a Civil Law System: Do Administrative and Civil Courts Award Noneconomic Damages Differently? Law & Society Review (IF 1.431) Pub Date : 2019-03-12 Sofia Amaral‐Garcia
How do courts award noneconomic damages? Does it matter if the state is the defendant? This article addresses these questions in the context of medical malpractice appeals to the Spanish Supreme Court. Moreover, this study provides the first empirical analysis of the quantification of noneconomic damages in medical malpractice cases in administrative courts, where the state is the defendant, and in
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Investigating Legal Consciousness through the Technical Work of Elite Lawyers: A Case Study on Tax Avoidance Law & Society Review (IF 1.431) Pub Date : 2019-03-08 Pascale Cornut St‐Pierre
Since the 1990s, legal consciousness has been amply used by sociolegal scholars to better understand the everyday lives of ordinary people, with a strong focus on vulnerable or impoverished people. This article argues that legal consciousness, with some methodological adjustments, could lend itself to the study of the rich and powerful by investigating both the technical work of their lawyers and how
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Punishment's Legal Templates: A Theory of Formal Penal Change Law & Society Review (IF 1.431) Pub Date : 2019-03-06 Ashley T. Rubin
The well‐known gap between law on the books and law in action often casts doubt on the significance of changes to law on the books. For example, the rise and fall of penal technologies have long been considered significant indicators of penal change in socio‐historical analyses of punishment. Recent research, however, has challenged the significance of apparently large‐scale penal change of this kind
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How Their Laws Affect our Laws: Mechanisms of Immigration Policy Diffusion in the Americas, 1790–2010 Law & Society Review (IF 1.431) Pub Date : 2019-01-29 David Cook‐Martín, David Scott FitzGerald
Why do laws become similar across countries? Is the adoption of similar laws and policies due to factors operating independently within each country? Do countries develop similar rules in response to similar challenges? Or is the similarity of laws and policies due to the interdependent responses that scholars have referred to as processes of policy convergence, transfer, and diffusion? We draw on
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The Mechanisms behind Litigation's “Radiating Effects”: Historical Grievances against Japan Law & Society Review (IF 1.431) Pub Date : 2019-01-29 Celeste L. Arrington
Scholars argue that litigation can have positive and negative “radiating” or indirect effects for social movements, irrespective of formal judicial decisions. They see litigation as a dynamic process with distinctive features yet nonetheless intertwined with advocacy in other forums. Litigation can indirectly shape collective identities, reframe debates, or provide political leverage. However, the
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The Price of Civil Rights: Black Lives, White Funding, and Movement Capture Law & Society Review (IF 1.431) Pub Date : 2019-01-29 Megan Ming Francis
What influence do funders have on the development of civil rights legal mobilization? Fundraising is critical to the creation, operation, and survival of rights organizations. Yet, despite the importance of funding, there is little systematic attention in the law and social movements and cause lawyering literatures on the relationship between funders and grantees. This article recovers a forgotten
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The Path of the Law Review: How Interfield Ties Contribute to Institutional Emergence and Buffer against Change Law & Society Review (IF 1.431) Pub Date : 2019-01-29 Daniel N. Kluttz
Early neoinstitutional theory tended to assume institutional reproduction, while recent accounts privilege situations in which alternative models from outside an organizational environment or delegitimizing criticism from within precipitate institutional change. We know little about institutions that persist despite such change conditions. Recent advances in sociological field theory suggest that interfield
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Retracted: A Legacy of Lynchings: Perceived Black Criminal Threat Among Whites Law & Society Review (IF 1.431) Pub Date : 2019-01-25 Daniel P. Mears, Eric A. Stewart, Patricia Y. Warren, Miltonette O. Craig, Ashley N. Arnio
This article examines the legacy of lynchings on contemporary whites' views of blacks as criminal threats. To this end, it draws on prior literature on racial animus to demonstrate the sustained influence of lynching on contemporary America. We hypothesize that one long‐standing legacy of lynchings is its influence in shaping views about blacks as criminals and, in particular, as a group that poses
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Irony of Citizenship: Descent, National Belonging, and Constitutions in the Postcolonial African State Law & Society Review (IF 1.431) Pub Date : 2019-01-16 Bettina Ng'weno, L. Obura Aloo
In 2010, like many African countries since the 1990s, Kenya passed a new constitution. This constitution aimed to get rid of many past issues including the definition of citizenship. Globally, two general principles govern the acquisition of citizenship, descent from a citizen (jus sanguinis), and the fact of birth within a state territory (jus soli). In contrast to the prior Constitution that required
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Just Like Global Firms: Unintended Gender Parity and Speculative Isomorphism in India's Elite Professions Law & Society Review (IF 1.431) Pub Date : 2019-01-16 Swethaa S. Ballakrishnen
Against most male‐dominated accounts of professional work, elite law firms in India pose a puzzling exception: women make up about half of these firms, even at senior levels of partnership. Using in‐depth interviews with over 130 professionals in India's elite litigation, transactional law, and consulting firms, this research suggests that elite law firms—as new local organizations—aggressively differentiate
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