Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 47, No. 1, 2013

An Analysis of Policy-Based Congressional Responses to the U.S. Supreme Court's Constitutional Decisions
While Congress can attempt to overrule constitutional decisions of the Supreme Court by initiating the constitutional amendment process, an amendment is rarely a practicable option. Instead, Congress regularly tries to modify the impact of constitutional...
Facing Your Criminal Record: Expungement and the Collateral Problem of Wrongfully Represented Self
While substantial sociolegal research has analyzed the deleterious effects of criminal records on life outcomes, little has examined the records themselves, or their relationship to the people they represent. In this article I take a novel tact, treating...
Failing Law Schools
Failing Law Schools. By Brian Z. Tamanaha. Chicago: University of Chicago Press, 2012. 216 pp. $25.00 cloth.The jig is up. Countless articles have exposed the disconnect between legal education and legal practice, and countless more have exposed the...
Legal Pluralism and Development: Scholars and Practitioners in Dialogue
Legal Pluralism and Development: Scholars and Practitioners in Dialogue. Edited by Brian Z. Tamanaha, Caroline Sage, and MichaelWoolcock. Cambridge: Cambridge University Press, 2012. 270 pp. $ 99.00 cloth.This collection of essays (some of them previously...
Liberalism and Its Other: The Politics of Primitivism in Colonial and Postcolonial Indian Law
Liberalism is widely regarded as a modern intellectual tradition that defends the rights and freedoms of autonomous individuals. Yet, in both colonial and postcolonial contexts, liberal theorists and lawmakers have struggled to defend the rights and...
Life without Parole: America's New Death Penalty?
Life without Parole: America's New Death Penalty? Edited by Charles J. Ogletree, Jr., and Austin Sarat. New York: New York University Press, 2012. 352 pp. $26.00 paper.Charles Ogletree and Austin Sarat have edited a new book exploring the exponential...
Lovesick Japan: Sex, Marriage, Romance, Law
Lovesick Japan: Sex, Marriage, Romance, Law. By Mark D. West. Ithaca and London: Cornell University Press, 2011. 259 pp. $29.95 cloth.Expressions of love matter greatly in our lives. But how do love and emotions shape the processes of trials and legal...
Moral Accountability and International Criminal Law: Holding Agents of Atrocity Accountable to the World
Moral Accountability and International Criminal Law: Holding Agents of Atrocity Accountable to the World. By Kirsten J. Fisher. London: Routledge, 2011. 224 pp. $135.00 cloth.This timely volume makes a significant contribution to exploring the normative...
Not Guilty: Are the Acquitted Innocent?
Not Guilty: Are the Acquitted Innocent? By Daniel Givelber and Amy Farrell. New York: New York University Press, 2012. 209 pp. $35.00 hardcover.Daniel Givelber and Amy Farrell examine whether those who are found "not guilty" by a judge or jury are actually...
Real Interrogation: What Actually Happens When Cops Question Kids
Although the Supreme Court repeatedly cautioned that youthfulness adversely affects juveniles' ability to exercise Miranda rights or make voluntary statements, it endorsed the adult waiver standard-knowing, intelligent, and voluntary-to gauge juveniles'...
Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing
California's "three strikes and you're out" law is the most notorious example of the wave of mandatory sentencing policies that many states enacted beginning in the late 1970s. While advocates and critics predicted the law would have profound effects...
The Harm in Hate Speech
The Harm in Hate Speech. By Jeremy Waldron. Cambridge: Harvard University Press, 2012. 292 pp. $26.95 cloth.This well-crafted volume by Jeremy Waldron, who teaches law and philosophy at New York University and Oxford, addresses-in the words of the title-the...
The Indirect Influence of Politics on Tort Liability of Public Authorities in English Law
The scope of negligence liability of public authorities in English law has undergone significant changes in the Post-World War II period, first expanding and then, from the mid-1980s, retracting. This article tries to explain why this happened not by...