Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 38, No. 4, December

Between Self-Regulation and the Alien Tort Claims Act: On the Contested Concept of Corporate Social Responsibility
Using Alien Tort Claims Act suits against multinational corporations as an immediate context for discussion, this article explores the emerging field of corporate social responsibility. The article argues for an understanding of concrete legal struggles...
Colonizing Hawai'i and Colonizing Elsewhere: Toward a History of U.S. Imperial Law
The colonization of Polynesia is usually placed well toward the end of the broader narrative of European and American overseas conquest and colonization. European contact with many island peoples occurred in the late eighteenth century or after, with...
Colonizing Hawai'i: The Cultural Power of Law
Reviews of Sally Engle Merry, Colonizing Hawai'i: The Cultural Power of Law. Princeton: Princeton Univ. Press, 1999. 375 pages. $21.95 paper, $75.00 hardcover.Sally Engle Merry's Colonizing Hawai'i: The Cultural Power of Law won the Law and Society Association's...
Comment on Comments
It is a rare pleasure to have three excellent scholars read and comment on one's book and think about its implications for sociolegal studies. Each of these commentaries makes valuable suggestions for expanding and developing a sociolegal studies framework...
Culture of Patriarchy in Law: Violence from Antiquity to Modernity
Culture of Patriarchy in Law: Violence from Antiquity to Modernity Orit Kamir, Every Breath You Take: Stalking Narratives and the Law. Ann Arbor: University of Michigan Press, 2001. 245 pages. $55.Stalking is a social behavior of repeatedly watching...
Friends of the Court: Examining the Influence of Amicus Curiae Participation in U.S. Supreme Court Litigation
Amicus curiae participation is a staple of interest group activity in the U.S. Supreme Court. While a reasonably large body of scholarship has accumulated regarding the effectiveness of this method of participation, little attention has been paid to...
Institutionalizing Legal Consciousness: Regulation and the Embedding of Market Participants in the Securities Industry in Ghana and Fiji
How do differences in the implementation of regulation impact market behavior? I propose a theoretical framework to understand this impact as part of the process of embedding market participants through the institutionalization of legal consciousness...
Judging Police Misconduct: "Street-Level" versus Professional Policing
In their interactions with citizens, police officers are prohibited from (1) using unnecessary Force, (2) Abusing their authority, (3) speaking Discourteously, or (4) using Offensive language, all captured by the acronym FADO. However, acts of police...
Judging the Best Interests of the Child: Judges' Accounts of the Tender Years Doctrine
With dramatic changes in family life over the last several decades, child custody law has shifted from a maternal preference to a more egalitarian standard, the best interests of the child. Despite this change in the law, scholars have debated whether...
Judicial Behavior after a Change of Regime: The Effects of Judge and Defendant Characteristics
This article examines the determinants of judicial behavior in the context of transition. It tests two assumptions: first, that the judges with experience from the pretransition criminal justice system behave differently from the judges with no such...
The Cultural Power of Law? Conjunctive Readings
Sally Merry's (1999) Colonizing Hawaii: The Cultural Power of Law provides a compelling account of the cultural transformation of the Kingdom of Hawaii in the nineteenth century. The focus is on the law, particularly on the manner in which Hawaiian alii...
Thinking Inside the Box: A Historian among the Anthropologists
Anthropologists have long sought to establish a relationship to the discipline of history. In the United States, this effort may be traced at least as far back as the work of A. L. Kroeber (1966). However, with the explosion of interest in colonialism...