Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 41, No. 2, June

A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the "state action" decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this...
Armed, and Dangerous (?): Motivating Rule Adherence among Agents of Social Control
A key concern within democracies is effectively regulating the behavior of societies' agents of social control, who have coercive power and considerable discretion over their use of that power. This can result in failures to adhere to the rules, policies,...
Cause Lawyers and Social Movements
Cause Lawyers and Social Movements. By Austin Sarat and Stuart A. Scheingold. Stanford, CA: Stanford University Press, 2006. Pp. x+341. $29.95 paper.This collection is the fourth edited volume on cause lawyering that Sarat and Scheingold have co-produced....
Diverting and Abdicating Judicial Discretion: Cultural, Political, and Procedural Dynamics in California Juvenile Justice
Although tensions between substantive and formal rationality in the adult criminal justice system have received a great deal of attention, the existence of these tensions in the juvenile justice system has received little scholarly consideration. I seek...
Does the Lawyer Matter? Influencing Outcomes on the Supreme Court of Canada
This article examines the impact of lawyer capability on the decisionmaking of the Supreme Court of Canada (SCC). Extending prior attorney capability studies of U.S. judicial decisionmaking, we test three lawyer variables: prior litigation experience,...
Engaging the Law in China: State, Society, and Possibilities for Justice
Engaging the Law in China: State, Society, and Possibilities for Justice. Edited by Neil J. Diamant, Stanley B. Lubman, & Kevin J. O'Brien. Stanford, CA: Stanford University Press, 2005. Pp. 240. $49.50 cloth.Engaging the Law in China presents nine...
Expert Psychological Testimony for the Courts
Expert Psychological Testimony for the Courts. Edited by Mark Costanzo, Daniel Krauss, & Kathy Pezdek. Mahwah, NJ: Lawrence Erlbaum Associates, 2007. Pp. 321. $89.99 cloth; $34.95 paper.In recent decades, the frequency and scope of expert psychological...
Law and Globalization from Below: Towards a Cosmopolitan Legality
Law and Globalization from Below: Towards a Cosmopolitan Legality. Edited by Boaventura de Sousa Santos and César A. Rodríguez-Garavito. Cambridge, United Kingdom: Cambridge University Press, 2005. Pp. xv+395. $95.00 cloth; $45.00 paper; $36.00 e-book.In...
Lawyers, Justices, and Issue Salience: When and How Do Legal Arguments Affect the U.S. Supreme Court?
A good deal of scholarly evidence suggests that the decisionmaking of the U.S. Supreme Court is affected by legal argument. At the same time, it seems clear that in a great many cases the justices have enduring, strongly held views. In such cases, they...
Locked Out: Felon Disenfranchisement and American Democracy
Locked Out: Felon Disenfranchisement and American Democracy. By Jeff Manza and Christopher Uggen. New York: Oxford University Press, 2006. Pp. 384. $29.95 cloth.Add mass disenfranchisement of felons to the list of penal outcomes that distinguishes contemporary...
"Maybe Tomorrow I'll Turn Capitalist": Cuentapropismo in a Workers' State
In 1993, the Cuban government significantly expanded the scope of legal self-employment on the island. The change has not been uncontroversial, and cuentapropistas have frequently been held up, both in Cuba and in the United States, as the symbol of...
Punishment and Inequality in America
Punishment and Inequality in America. By Bruce Western. New York: Russell Sage Foundation, 2006. Pp. 247. $29.95 cloth.There are currently more individuals incarcerated and individuals with felon status than at any other point in U.S. history. Scholars...
Splitting the Difference: Modeling Appellate Court Decisions with Mixed Outcomes
In rendering a decision in a particular case, judges are not limited to finding simply for the appellant or for the respondent. Rather, in many cases, they have the option to find for the former on one or more issues and for the latter on one or more...
The Modern Art of Dying: A History of Euthanasia in the United States
The Modern Art of Dying: A History of Euthanasia in the United States. By Shai J. Lavi. Princeton, NJ: Princeton University Press, 2005. Pp. 240. $29.95 cloth.As Lavi writes at the beginning of the last chapter of his book,Our study of euthanasia in...
Theory and Methods in Socio-Legal Research
Theory and Methods in Socio-Legal Research. Edited by Reza Banakar and Max Travers. Oxford, United Kingdom, and Portland, Oregon: Hart Publishing, 2005. Pp. xvi + 376. $44.00 paper.This volume constitutes the fourteenth title in the Law and Society Series,...