-
The life and death of constitutions Law & Society Review (IF 2.3) Pub Date : 2023-11-21 Kim Lane Scheppele
FIGURE 1 Open in figure viewerPowerPoint The Logo for the 2019 Washington meeting of the Law and Society Association. Design by LSA member Danielle Rudes at George Mason University.
-
Surveillance deputies: When ordinary people surveil for the state Law & Society Review (IF 2.3) Pub Date : 2023-11-21 Sarah Brayne, Sarah Lageson, Karen Levy
The state has long relied on ordinary civilians to do surveillance work, but recent advances in networked technologies are expanding mechanisms for surveillance and social control. In this article, we analyze the phenomenon in which private individuals conduct surveillance on behalf of the state, often using private sector technologies to do so. We develop the concept of surveillance deputies to describe
-
A higher bar: Institutional impediments to hate crime prosecution Law & Society Review (IF 2.3) Pub Date : 2023-11-21 Ryan D. King, Besiki L. Kutateladze
Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses
-
Tort tales and total justice: Exploring attitudes toward everyday tort claims for workplace injuries Law & Society Review (IF 2.3) Pub Date : 2023-11-21 Jeb Barnes, Parker Hevron, Elli Menounou
Despite some retrenchment, the litigation state remains alive and well. All this litigation has engendered intense debates over whether increased lawsuits represent a rising tide of justice or a flood of frivolous claims. Tort law has been at the center of these debates for decades, standing at the fault line between “tort tale,” “total justice,” and “mixed” narratives about the perils and benefits
-
Public charge, legal estrangement, and renegotiating situational trust in the US healthcare safety net Law & Society Review (IF 2.3) Pub Date : 2023-11-21 Meredith Van Natta
US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers negotiate safety-net resources. Drawing on ethnographic
-
Relational legal consciousness in the punitive welfare state: How Dutch welfare officials shape clients' perceptions of law Law & Society Review (IF 2.3) Pub Date : 2023-09-22 Marc Hertogh
With a growing number of strict obligations and harsh sanctions for welfare recipients, the Netherlands has increasingly become a punitive welfare state. This article looks at what this means for welfare clients and their commonsense understandings of the law. To analyze how welfare officials shape clients' legal consciousness, I draw on an online survey among Dutch welfare clients (N = 1305) and a
-
Hollow law and utilitarian law: The devaluing of deportation hearings in New York City and Paris Law & Society Review (IF 2.3) Pub Date : 2023-09-22 Lili Dao
How is law made worthless to the marginalized? Drawing on ethnographic observations in Paris and New York City, I establish a typology of devaluation practices in deportation hearings. I analyze how informal court practices devalue court actors, the hearing, and the law itself. Despite different levels of formal protections for migrants, deportation adjudication is pared down and devalued in both cities
-
Discursive mismatch and globalization by stealth: The fight against corruption in the Brazilian legal field Law & Society Review (IF 2.3) Pub Date : 2023-09-22 Eduardo Cornelius
Law and globalization studies have documented how Global South lawyers compete over the adaptation of international norms. Yet, little is known about how this adaptation legitimates worldviews beyond the law. To advance this literature, this paper proposes a discourse-centered field analysis of the legal globalization of anti-corruption ideas in Brazil. It examines Brazilian lawyers' disputes over
-
Taking workers' rights to unexpected places Law & Society Review (IF 2.3) Pub Date : 2023-09-22 Mark Fathi Massoud
To help prevent discrimination, particularly against women and ethnic minorities, policymakers in the United States (US) have written and passed civil rights laws that require employers to address hate or harassment at workplaces. Sometimes, however, the programs that corporate managers create do not actually give workers a full opportunity to resolve their complaints; the programs are, instead, symbolic
-
Legitimacy and online proceedings: Procedural justice, access to justice, and the role of income Law & Society Review (IF 2.3) Pub Date : 2023-06-05 Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established
-
ERRATUM Law & Society Review (IF 2.3) Pub Date : 2023-06-05
Erratum to ““[Y]ou are better off talking to a f****** wall”: The perceptions and experiences of grievance procedures among incarcerated people in Ireland” van der Valk, Sophie, Eva Aizpurua, and Mary Rogan. 2022. ““[Y]ou are Better off Talking to a f****** Wall”: The Perceptions and Experiences of Grievance Procedures among Incarcerated People in Ireland.” Law & Society Review 56(2): 261–285. The
-
A “good fit”: Client sorting among nonprofit, private, and pro bono immigration attorneys Law & Society Review (IF 2.3) Pub Date : 2023-05-13 Lilly Yu
Existing scholarship finds that having an attorney in immigration legal proceedings increases the chances of a favorable outcome. This work, however, often acknowledges that the representation effect is underexplained: selection may explain outcomes, and variation among attorneys is difficult to assess. Through 103 interviews with attorneys who practice immigration law in three organizational environments
-
Knowledge production through legal mobilization: Environmental activism against the U.S. military bases in East Asia Law & Society Review (IF 2.3) Pub Date : 2023-05-13 Claudia Junghyun Kim, Celeste L. Arrington
There is growing interest in social movement actors as knowledge producers, but many movements have limited ability to access or produce credible, authoritative information. Building on sociolegal scholarship and social movement studies, we show how movements can overcome knowledge gaps they have via-à-vis state authorities and contribute to public knowledge through institutional tactics. We argue
-
Protection from refuge: From refugee rights to migration management. By Kate Ogg . Cambridge: Cambridge University Press, 2022. 215 pp. $110.00 hardcover Law & Society Review (IF 2.3) Pub Date : 2023-05-13 Xander Creed, Jeff Handmaker
In Protection from Refuge: From Refugee Rights to Migration Management, Ogg adeptly traces the evolution of refugee law and protection through persistent legal mobilization. She spans two decades of refugee litigation and traverses across multiple, pluralistic legal regimes, taking account of judgments of courts from the North American, European, and African continents. This ambitious project sets
-
Outside the brackets: Why school administrators fail to see gendered harassment within an antibullying law Law & Society Review (IF 2.3) Pub Date : 2023-05-10 Jeffrey Lane, Hana Shepherd, Holly Avella, Aaron Martin
Much of school bullying involves students policing the gender roles and sexuality of other students. The proliferation of antibullying laws presents an opportunity to formally punish and mark gendered harassment as unacceptable. However, when this form of peer policing involves girls, administrators often consider it to fall outside the purview of the law. We use bracketing theory to understand how
-
Activists in international courts: Backlash, funding, and strategy in international legal mobilization Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Freek van der Vet, Lisa McIntosh Sundstrom
Regional human rights courts like the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), and the African Court of Human and People's Rights (ACtHPR) have become popular sites of mobilization for victims and activists who seek justice when justice fails at home. Besides being platforms for individual remedy, human rights courts increasingly shape social norms
-
Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Heidi Nichols Haddad, Lisa McIntosh Sundstrom
The premise of Russia's 2012 “Foreign Agents” Law, one of the first such laws restricting foreign funding for non-governmental organizations (NGOs), is that foreign monies equal foreign agendas. Since then, over 50 countries have adopted similar laws using a similar justification. This paper interrogates this claim of foreign donor influence through examining legal mobilization by human rights NGOs
-
NGOs, international courts, and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Nicole De Silva, Misha Ariana Plagis
When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of
-
What makes an international institution work for labor activists? Shaping international law through strategic litigation Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Filiz Kahraman
Studies on international legal mobilization often analyze the mobilization efforts of activists at a single international court. Yet we know little about how activists choose among multiple international institutions to advance social justice claims. Drawing on comparative case studies of Turkish and British trade union activists' legal mobilization efforts and case law analysis, I show that activists
-
Pluralism and local law in extraterritorial spaces Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Annett Bochmann
Based on ethnographic research, this article shows how legal orders are being established in spaces where the state law is absent. The case of refugee camps—often discussed as sites of legal limbo and state of exception—seems to be a space of legal pluralism. However, when observing local legal practices, this pluralism is dissolved into a powerful local camp law. This characteristic type of legal
-
The aftermath of enforcement episodes for the children of immigrants Law & Society Review (IF 2.3) Pub Date : 2023-03-14 Joanna Dreby, Eric Macias
For 30 years, U.S. immigration policy has increasingly focused on enforcement. This article goes beyond cataloging the harms of such policies to document the processes by which they become more or less salient in the lives of children of immigrants over time. In-depth interviews with 86 young adults raised in New York show that enforcement policies shape children's lives either through lived experiences
-
“Maybe we should take the legal ways”: Citizen engagement with lower state courts in post-war northern Uganda Law & Society Review (IF 2.3) Pub Date : 2022-11-18 Anna Macdonald, SJ Cooper-Knock, Julian Hopwood
Lower state courts are the focus of both international and national access to justice policies and programs but remain understudied in Uganda. Drawing on 3 years of ethnographically informed research on citizen engagement with a busy magistrates' court in post-war northern Uganda, we show the diverse reasons why citizens appeal to the rule-of-law in places where state authority is contested. In a context
-
The collateral consequences of criminal legal association during jury selection Law & Society Review (IF 2.3) Pub Date : 2022-11-18 Matthew Clair, Alix S. Winter
How does a potential juror's association with the criminal legal system matter during jury selection? Growing scholarship examines statutory exclusions of people with felony convictions, sometimes characterizing felon-juror exclusion as a collateral consequence of mass incarceration. Less research has considered whether court officials seek to exclude potential jurors based on lower-level forms of
-
Understanding the effects of jury service on jurors' trust in courts Law & Society Review (IF 2.3) Pub Date : 2022-11-18 Liana Pennington, Matthew J. Dolliver
Jury service is a positive, even transformative, experience for many jurors. Prior research establishes that jurors who deliberate on a court case develop more positive views of courts in the relatively short time of jury service, but we know little about the reasons underlying why these positive changes develop. This research focuses on changes in jurors' views after serving on criminal cases because
-
Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia Law & Society Review (IF 2.3) Pub Date : 2022-11-18 Renata Mustafina
How and to what extent do defense actors use publicity in trials of protesters in contemporary Russia? Why do they fight over strategic uses of publicity if “everything is decided in advance”? Drawing on original ethnographic research, this article finds, first, that publicity accompanies legal resistance to politicized prosecutions and is inventively used by the defense. Second, mobilization of publicity
-
Legal mobilization and branches of law: Contesting racialized policing in French courts Law & Society Review (IF 2.3) Pub Date : 2022-11-18 Magda Boutros
When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal law to hold officers accountable for police killings
-
How to not have to know: Legal technicalities and flagrant criminal offenses in Santiago, Chile Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Javiera Araya-Moreno
Drawing on ethnographic data gathered in lower criminal courts and in one unit of the Public Prosecutor's Office in Santiago, Chile, I explore the way in which criminal offenses considered flagrant are treated by the Chilean criminal justice system. Citing the literature on legal technicalities, I describe how flagrant criminal offenses are constructed through practices that make it possible for the
-
Relational legal consciousness and anticorruption: Lava Jato, social media interactions, and the co-production of law's detraction in Brazil (2017–2019) Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Fabio de Sa e Silva
Starting in 2014, Brazilian politics was shaken up by the lava jato (LJ) operation, a law-centered anticorruption initiative. LJ unveiled a large corruption scheme in Brazil's national oil company Petrobras, which involved Petrobras directors, political party officials, and large construction companies. LJ was both disruptive and contentious. To some, it started a new chapter in Brazilian history,
-
Victim, perpetrator, neither: Attitudes on deservingness and culpability in immigration law Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Jamie Rowen, Scott Blinder, Rebecca Hamlin
This study examines whether there is popular support for a restrictive immigration policy aimed at denying safe haven to human rights abusers and those affiliated with terrorism. We designed a public opinion survey experiment that asks respondents to evaluate whether low level or high-level Taliban members who otherwise qualify for refugee status deserve immigration benefits. We found that a majority
-
Racial equity in eligibility for a clean slate under automatic criminal record relief laws Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Alyssa C. Mooney, Alissa Skog, Amy E. Lerman
States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record relief, racial equity in eligibility for a clean slate
-
Immigration detention as a routine police measure: Discretionary powers in preemptive detention of noncitizens in Finland Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Jukka Könönen
This article discusses how administrative practices shape immigration detention policies, addressing both administrative discretion in detention orders and their judicial supervision. Due to vaguely formulated legal criteria and ineffective ex-post judicial supervision, the authorities have considerable discretionary powers in ordering detentions for noncompliant and criminalized noncitizens. Instead
-
Procedural justice for all? Legitimacy, just culture and legal anxiety in European civil aviation Law & Society Review (IF 2.3) Pub Date : 2022-08-04 John Woodlock
This article presents the results of survey-based research which explores if licensed aircraft maintenance engineers working in Norway, Sweden, and Portugal experience regulated “just culture” as procedural justice-infused processes when occurrence reporting in European Union (EU) civil aviation. Drawing on Tylerian procedural justice theory, the study finds that, perceived procedural justice is more
-
The diversity officer: Police officers' and black women civilians' epistemologies of race and racism in policing Law & Society Review (IF 2.3) Pub Date : 2022-08-04 Shannon Malone Gonzalez, Samantha J. Simon, Katie Kaufman Rogers
Diversifying police forces has been suggested to improve “police-minority relations” amidst national uprisings against police violence. Yet, little research investigates how police and black civilians—two groups invoked in discourse on “police-minority relations”—understand the function of diversity interventions. We draw on 100 in-depth interviews with 60 black women civilians and 40 police from various
-
Relief or removal: State logics of deservingness and masculinity for immigrant men in removal proceedings Law & Society Review (IF 2.3) Pub Date : 2022-05-19 Dylan Farrell-Bryan
In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical constructions of immigrant criminalization, existing literature
-
Race, gender, and place: How judicial identity and local context shape anti-discrimination decisions Law & Society Review (IF 2.3) Pub Date : 2022-05-19 Christopher Kleps
While federal anti-employment discrimination laws have helped diminish inequality at work, discrimination persists, in part perhaps due to unequal handling of equal employment lawsuits. Prior research demonstrates that the definition of discrimination can vary based on local normative ideas, while another line shows that a judge's race or gender can shape how related lawsuits are handled. In this article
-
The focal concerns of jurors evaluating mitigation: Evidence from federal capital jury forms Law & Society Review (IF 2.3) Pub Date : 2022-05-19 Mary R. Rose, Meredith Martin Rountree
Mitigating evidence in capital trials provides reasons for a life, rather than death, sentence. Research suggests that mitigation challenges jurors. We contribute to this area by analyzing federal verdict forms in capital cases, which allow jurors to write in their own mitigating factors, providing a direct, rare window onto their mitigation considerations. We use 205 forms from 171 juries to examine
-
How parole boards judge remorse: Relational legal consciousness and the reproduction of carceral logic Law & Society Review (IF 2.3) Pub Date : 2022-05-19 Kathryne M. Young, Hannah Chimowitz
One in seven people in prison in the US is serving a life sentence, and most of these “lifers” will someday be eligible for discretionary parole. But little is known about a key aspect of parole decision-making: remorse assessments. Because remorse is a complex emotion that arises from past wrongdoing and unfolds over time, assessing the sincerity of another person's remorse is neither a simple task
-
“[Y]ou are better off talking to a f****** wall”: The perceptions and experiences of grievance procedures among incarcerated people in Ireland Law & Society Review (IF 2.3) Pub Date : 2022-05-19 Sophie van der Valk, Eva Aizpurua, Mary Rogan
The ways in which grievance procedures are used and perceived by incarcerated people raise important questions about the operation of procedural justice and legal consciousness and mobilization scholarship in settings where rights are especially vulnerable. This paper analyzes perceptions and usage of the grievance procedure for incarcerated people using survey data from people (N = 508) in three prisons
-
Beyond litigation: Policy work within cause lawyering organizations Law & Society Review (IF 2.3) Pub Date : 2022-05-19 David L. Trowbridge
This article investigates why cause lawyering organizations choose policy work and how policy agendas are set. Interviews and documents from eight legal organizations in the LGBTQ movement reveal that policy work expands the scope of conflict, giving organizations not only more opportunities to act, but potentially providing greater autonomy to lawyers by allowing them to build their own opportunities
-
Taxes, taxpayers, and settler colonialism: Toward a critical fiscal sociology of tax as white property Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Kyle Willmott
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by ‘taxpayers’ often involve complaints about budgets, welfare, and ‘unfair’ tax arrangements. The paper theorizes how informal ‘tax imaginaries’ and ‘taxpayer’ subjectivities are forged through state policy and how ostensibly
-
Moralizing the law: Lactating workers and the transformation of supervising managers Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Elizabeth A. Hoffmann
The Lactation at Work Law amended the Fair Labor Standards Act to mandate employer accommodation of employees' breast milk expression. Interviews with employees, human resource specialists, and supervising managers in nine industries found that some organizations' supervising managers, who initially perceived accommodations only as a legal mandate furthering managerial goals, over time changed to understanding
-
Kadijustiz in the ecclesiastical courts: Naming, blaming, reclaiming Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Ido Shahar, Karin Carmit Yefet
The article analyzes Israel's ecclesiastical court system through the prism of Weberian theory to both empirical and theoretical ends. On the empirical level, it aims to illuminate a grossly understudied socio-legal arena—the communal Christian courts in the Middle-East. On the theoretical level, it seeks to reclaim the Weberian concept of kadijustiz, which refers to “formally irrational” legal systems
-
When altruism is remunerated: Understanding the bases of voluntary public service among lawyers Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Fiona Kay, Robert Granfield
The legal profession claims a duty of public service that calls on lawyers to volunteer their time through “pro bono” work (i.e., free legal service). And increasingly law firms strongly endorse pro bono and even remunerate time that is provided to clients without charge. But what happens when pro bono is mandated by the law firm, even compensated? Is altruism undermined? Drawing on a survey of 845
-
Decision-making in an inquisitorial system: Lessons from Brazil Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Ludmila Ribeiro, Alexandre M. A. Diniz, Lívia Bastos Lages
This paper seeks to understand how decision-making works at the first appearance hearings (Custody Hearings) in Brazil, an initiative that intends to make the Brazilian criminal justice system more accusatorial. We used primary data gathered in the hearings between April and December 2018 in nine Brazilian states. Binary logistic regression models were applied to identify the variables that affect
-
Fear and legitimacy in São Paulo, Brazil: Police–citizen relations in a high violence, high fear city Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Jonathan Jackson, Krisztián Pósch, Thiago R. Oliveira, Ben Bradford, Sílvia M. Mendes, Ariadne Lima Natal, André Zanetic
We examine consensual and coercive police–citizen relations in São Paulo, Brazil. According to procedural justice theory, popular legitimacy operates as part of a virtuous circle, whereby normatively appropriate police behavior encourages people to self-regulate, which then reduces the need for coercive forms of social control. But can consensual and coercive police–citizen relations be so easily disentangled
-
Policing welfare: Punitive adversarialism in public assistance. By SpencerHeadworth. Chicago: University of Chicago Press, 2021. 272 pp. $32.50 paperback Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Sophia Hunt
-
Unsound empire: Civilization and madness in Late‐Victorian England. By CatherineEvans. New Haven: Yale University Press. 304 pp. $65.00 hardcover Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Binyamin Blum
-
The gun, the ship and the pen: Warfare, constitutions and the making of the modern world. By LindaColley. New York: Liveright, 2021. 512 pp. $35.00 hardcover Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Marcio Cunha Filho,Michael López Stewart
-
Wives not slaves: Patriarchy and modernity in the age of revolution. By KristenSword. Chicago and London: University of Chicago Press, 2021. 408 pp. $50.00 cloth Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Lyndsay Campbell
-
The new sex wars: Sexual harm in the # MeToo era. By BrendaCossman. New York: New York University Press, 2021 Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Tugce Ellialti‐Kose
-
Corporate personhood. By Susanna KimRipken. Cambridge: Cambridge University Press, 2019. 312 pp. $34.99 paperback Law & Society Review (IF 2.3) Pub Date : 2022-02-13 David Gindis
-
Queering family trees: Race, reproductive justice, and lesbian motherhood. By SandraPatton‐Imani. New York: NYU Press, 2020. 336 pp. $30.00 paperback Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Noy Naaman
-
Disruptive prisoners: Resistance, reform, and the new deal. By ChrisClarkson and MelissaMunn. Toronto: University of Toronto Press, 2021. 320 pp. $26.21 paperback Law & Society Review (IF 2.3) Pub Date : 2022-02-13 Patrick Dwyer
-
Health insurance rights and access to health care for trans people: The social construction of medical necessity Law & Society Review (IF 2.3) Pub Date : 2021-12-06 Anna Kirkland, Shauhin Talesh, Angela K. Perone
Health care rights for transgender and/or nonbinary people have dramatically expanded in recent years, including in insurance coverage for the treatments and procedures they need. Yet, trans people themselves still identify health insurance problems as a top priority for research and policy change because of significant difficulties gaining and using coverage. Wrangling over coverage determinations
-
Between the constitution and the clinic: Formal and de facto rights to healthcare Law & Society Review (IF 2.3) Pub Date : 2021-12-06 Carol A. Heimer, Arielle W. Tolman
In no domain of global health has there been more talk of rights than in HIV/AIDS, yet little is known about how the right to HIV/AIDS care is mobilized at the clinic level. Drawing on interviews and field observations in the United States, South Africa, Thailand, and Uganda, we analyze the legal consciousness of caregivers in five HIV clinics. We identify three organizational factors—clinics' focus
-
Coercion versus facilitation: Context and the implementation of anti-FGM/C law Law & Society Review (IF 2.3) Pub Date : 2021-12-03 Agnes Meroka-Mutua, Daniel Mwanga, Susan L. Ostermann, Joséphine Wouango
A common policy response to female genital mutilation/cutting (“FGM/C”) is the enactment of criminal prohibitions. The implementation of such prohibitions requires significant state capacity, which is often associated with the coercion. We examine compliance with anti-FGM/C law in Burkina Faso and Kenya, two countries which are thought to have markedly different state capacity and where the practice
-
Women's law-making and contestations of “marriage” in African conflict situations Law & Society Review (IF 2.3) Pub Date : 2021-12-06 Annie Bunting, Heather Tasker, Emily Lockhart
International criminal law has developed significantly over the past 20 years since the establishment of the ad hoc Tribunals and International Criminal Court. Much scholarly attention has focused on the politics and jurisprudence of these courts, with particular focus on the prosecution of sexual and gender-based violence. This article adds to the literature with comparative, qualitative research
-
Represented but unequal: The contingent effect of legal representation in removal proceedings Law & Society Review (IF 2.3) Pub Date : 2021-12-06 Emily Ryo, Ian Peacock
Substantial research and policymaking have focused on the importance of lawyers in ensuring access to civil justice. But do lawyers matter more in cases decided by certain types of judges than others? Do lawyers matter more in certain political, legal, and organizational contexts than others? We explore these questions by investigating removal proceedings in the United States—a court process in which
-
The Chief Justice versus the iconoclast: Popular constitutionalism and support for using “sociological gobbledygook” in legal decisions Law & Society Review (IF 2.3) Pub Date : 2021-12-06 Benjamin W. Woodson, Christopher M. Parker
Conventional wisdom assumes that the public wants judges that will simply interpret and apply the law as it is written. However, existing evidence shows a substantial portion of the American population supports the doctrine of popular constitutionalism. Using two experiments involving the use of social science in legal decisions, we show that popular constitutionalists evaluate the judiciary using
-
Corrigendum Law & Society Review (IF 2.3) Pub Date : 2021-12-06
In [1], the following error was published on page 10. Independent Variables Confirmatory factor analysis supported the formation of these measures (SRMR = 0.037; RMSEA = 0.046; CFI = 0.984; TLI = 0.954). The text was incorrect and should have read: Independent Variables Confirmatory factor analysis indicated a modest goodness of fit that is typical of the five-factor model based on the MFQ (Harper