Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 46, No. 4, 2012

Asian Legal Revivals: Lawyers in the Shadow of Empire
Asian Legal Revivals: Lawyers in the Shadow of Empire. By Yves Dezalay and Bryant Garth. Chicago: University of Chicago Press, 2010. 304 pp. $27.50 paper.In Asian Legal Revivals, Dezalay and Garth turn their powerful Bourdieuan analytic lens to a new...
Black Hole of Responsibility: The Adjudication Committee's Role in a Chinese Court
How courts and judges in authoritarian regimes decide cases behind closed doors has rarely been studied, but it is critically important in comparative judicial studies. Primarily drawing on the minutes of the adjudication committee in a lower court in...
Cheating Welfare: Public Assistance and the Criminalization of Poverty
Cheating Welfare: Public Assistance and the Criminalization of Poverty. By Kaaryn Gustafson. New York: New York University Press, 2011. 238 pp. $28.00 paper.Readers who browse book review columns for the pleasure of imbibing treatments of scholarly books...
Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment
Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment. By John D. Bessler. Boston: Northeastern University Press, 2012. 456 pp. $39.95 cloth.John D. Bessler's Cruel and Unusual is a meticulously researched and clearly written...
Executive Branch Socialization and Deference on the U.S. Supreme Court
Are Supreme Court justices with prior experience in the executive branch more likely to defer to the president in separation of powers cases? While previous research has suggested that such background may signal judicial policy preferences but does not...
Intersexuality and the Law: Why Sex Matters
Intersexuality and the Law: Why Sex Matters. By Julie A. Greenberg. New York: New York University Press, 2012. 169 pp. $32.00 cloth.For nearly fifteen years, Julie Greenberg's scholarship has illuminated the complex legal and social issues faced by intersex...
Native Acts: Law, Recognition, and Cultural Authenticity
Native Acts: Law, Recognition, and Cultural Authenticity. By Joanne Barker. Durham: Duke University Press, 2011. 284 pp. $23.95 paper.In Native Acts, Joanne Barker wades into the rough waters of intratribal politics, investigating how U.S. legal definitions...
Performing Regulation: Transcending Regulatory Ritualism in HIV Clinics
Sociolegal scholars suggest that regulatory encounters often are occasions for displaying a surface compliance decoupled from day-to-day practice. Yet ethnographic data from five highly regulated HIV clinics show that regulatory encounters open opportunities...
Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore
This article draws from a qualitative study of Singapore's gay movement to analyze how gay organizing occurs in authoritarian states, and where and how law matters. Singapore's gay activists engage in "strategic adaptation" to deploy a strategy of pragmatic...
Punished: Policing the Lives of Black and Latino Boys
Punished: Policing the Lives of Black and Latino Boys. By Victor M. Rios. New York: New York University Press, 2011. 218 pp. $20.00 paper.Punitive strategies such as "tough on crime" and "zero tolerance" policies that have traditionally been restricted...
Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law
Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law. By Eve Darian-Smith. Oxford and Portland, Oregon: Hart Publishing, 2010. 332 pp. $38.00 paper.The English explorer Sir Francis Drake arrived in the San Francisco bay on June...
Replacing and Amending Constitutions: The Logic of Constitutional Change in Latin America
Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced...
Sex Fiends, Perverts, and Pedophiles: Understanding Sex Crime Policy in America
Sex Fiends, Perverts, and Pedophiles: Understanding Sex Crime Policy in America. By Chrysanthi Leon. New York: New York University Press, 2011. 444 pp. $70.00 cloth, $23.00 paper.At the crux of the current crisis of mass incarceration, increasing punitiveness,...
The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis
The Judicial Power of the Purse: How Courts Fund National Defense in Times of Crisis. By Nancy Staudt. Chicago: University of Chicago Press, 2011. 199 pp. $25.00 paper.I find this a peculiar book. Its core finding is well-supported, clearly presented,...
The Right to Be Out: Sexual Orientation and Gender Identity in America's Public Schools
The Right to Be Out: Sexual Orientation and Gender Identity in America's Public Schools. By Stuart Biegel. Minneapolis: University of Minnesota Press, 2010. 300 pp. $19.95 paper.Stuart Biegel's The Right to Be Out offers an expansive treatment of the...
The Unintended Consequences of Penal Reform: A Case Study of Penal Transportation in Eighteenth-Century London
What were the consequences of penal transportation to the New World for eighteenth-century British criminal justice? Transportation has been described by scholars as either a replacement of the death penalty responsible for its decline, or a penal innovation...
Translating Human Rights of the "Enemy": The Case of Israeli NGOs Defending Palestinian Rights
This article explores the practices, discourses and dilemmas of the Israeli human rights NGOs that are working to protect and promote the human rights of Palestinians in the Occupied Territories. This case can shed light on the complex process of "triangular...