Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 41, No. 4, December

Blame Welfare: Ignore Poverty and Inequality
Blame Welfare: Ignore Poverty and Inequality. By Joel F. Handler and Yeheskel Hasenfeld. New York: Cambridge Univ. Press, 2007. Pp. xiii+401. $80.00 cloth; $29.99 paper.Despite its clumsy and potentially misleading title, Handler and Hasenfeld's Blame...
Collegial Influence and Judicial Voting Change: The Effect of Membership Change on U.S. Supreme Court Justices
Understanding the source of voting changes by appellate judges provides an important window into the factors that shape the votes of the judges more generally. We argue that membership changes, by altering the collegial context in which judges make their...
Enforcement Principles and Environmental Agencies: Principal-Agent Relationships in a Delegated Environmental Program
This article examines whether states shirked enforcement responsibilities in their principal-agent relationship with the federal government when implementing a delegated environmental program. It evaluates determinants of environmental enforcement stringency,...
From the Editor
This issue completes the volumes for which I have been honored to serve as editor of Law & Society Review. When I accepted this position, I knew that it would be very demanding of my time, but I expected it also to be intellectually rewarding. I...
Labor Regulation, Corporate Governance, and Legal Origin: A Case of Institutional Complementarity?
We explore the influential claim that "legal origin"-the historical origin of a given national legal system in the common law or civil law-accounts for a significant degree of cross-national diversity in economic regulation and development. We show that...
Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context
Law, Culture, and Ritual: Disputing Systems in Cross-Cultural Context. By Oscar G. Chase. New York: New York Univ. Press, 2005. Pp. 224. $45.00 cloth; $20.00 paper.Chase, a specialist in civil litigation at NYU Law School, teaches a seminar called "Culture...
Law, Culture and Society: Legal Ideas in the Mirror of Social Theory
Law, Culture and Society: Legal Ideas in the Mirror of Social Theory. By Roger Cotterrell. Aldershot, United Kingdom: Ashgate, 2006. Pp. 206. $114.95 cloth; $39.95 paper.Collecting a series of previously published articles of a theorist of the stature...
Legality, Social Research, and the Challenge of Institutional Review Boards
Legality and the Law & Society TraditionIn a wonderful new book, Law as a Means to an End: Threat to the Rule of Law, Brian Tamanaha (2006) picks up on a debate that graced the pages of the Law & Society Review 40 years ago. In Volume 1, No....
Morality Influences How People Apply the Ignorance of the Law Defense
In four empirical studies, we showed that laypeople apply the ignorance of the law defense differently depending on the perceived morality of the defendant's course of conduct at the time of the illegal act. Moral and neutral defendants who pled ignorance...
Punishing Schools, Fear and Citizenship in American Public Education
Punishing Schools, Fear and Citizenship in American Public Education. By William Lyons and Julie Drew. Ann Arbor: The Univ. of Michigan Press, 2006. Pp. 264. $65.00 cloth; $24.95 paper.Lyons and Drew explore what has arguably been the dominant trend...
Secrets, Sex, and Spectacle: The Rule of Scandal in Japan and the United States
Secrets, Sex, and Spectacle: The Rule of Scandal in Japan and the United States. By Mark D. West. Chicago: Univ. of Chicago Press, 2006. Pp. viii+368. $45.00 cloth.West offers a colorful as well as penetrating account of the making of Japanese scandals....
The Prison and the Gallows: The Politics of Mass Incarceration in America
The Prison and the Gallows: The Politics of Mass Incarceration in America. By Marie Gottschalk. New York: Cambridge Univ. Press, 2006. Pp. xiii+451. $75.00 cloth; $28.99 paper; $23.00 e-book.Gottschalk's The Prison and the Gallows is a significant and...
The Purchase of Intimacy
The Purchase of Intimacy. By Viviana Zelizer. Princeton, NJ: Princeton Univ. Press, 2005. Pp. xi+356. $29.95 cloth; $19.95 paper.Among the many tilings to enjoy about Zelizer's new book is its review of the wide range of colorful anecdotes and terms...
Toward a Natural History of Ethical Censorship/Response to Comments
Jack KatzActing under a mandate to protect human subjects of research, institutional review boards (IRBs) have become nationwide instruments for implementing censorship. As censors, IRBs constitute an historical novelty in the United States. In the past...
"Turn off the Oxygen . . ."
Malcolm Feeley's Presidential Address ranges widely over the current condition of law and society studies. However, as he himself acknowledges, its core is the critique of institutional review boards (IRBs). Aldiough there have been growing rumbles of...
Victims in Our Own Minds? IRBs in Myth and Practice
During Malcolm Feeley's 2006 Presidential Address, audience members were not just whispering to colleagues sitting next to them, they were being loud. When Feeley cracked, "Institutional Review Boards [are] known to graduate students on my campus as...