Social and Behavioral Sciences Commons^™

Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles

Articles by Maurer Faculty

Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …

Combining The Iad And Ses Frameworks, Daniel H. Cole, Graham Epstein, Michael D. Mcginnis

Articles by Maurer Faculty

No abstract provided.

Evolution Of The Racial Identity Of Children Of Loving: Has Our Thinking About Race And Racial Issues Become Obsolete?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review: Bonds Of Union: Religion, Race, And Politics In A Civil War Borderland, By Bridget Ford, John L. Moreland

Articles by Maurer Faculty

Review of:

Bridget Ford. Bonds of Union: Religion, Race, and Politics in a Civil War Borderland. Chapel Hill: University of North Carolina Press, 2016. Pp. 383. Cloth, $45.00.

Book Review. Somin, Ilya, Democracy And Political Ignorance: Why Smaller Government Is Smarter, Steve Sanders

Articles by Maurer Faculty

No abstract provided.

Digging Deeper Into Hardin's Pasture: The Complex Institutional Structure Of "The Tragedy Of The Commons", Daniel H. Cole, Graham Epstein, Michael D. Mcginnis

Articles by Maurer Faculty

The institutional and ecological structure of Hardin’s “tragedy of the commons” appears deceptively simple: the open-access pasture eventually will be overexploited and degraded unless (i) it is privatized, (ii) the government regulates access and use, or (iii) the users themselves impose a common-property regime to regulate their own access and use. In this paper, we argue that the institutional structure of the “Herder Problem” (as it is known to game theorists) is far more complicated than it is usually portrayed. Specifically, it is not just about the pasture. It is equally about the grass that grows on the pasture and …

Charity And Information: Correcting The Failure Of A Disjunctive Social Norm, Brian Broughman, Robert Cooter

Articles by Maurer Faculty

Charitable donations fund social goods that the state and markets undersupply. Despite widespread belief in the importance of private charity, most Americans donate little or nothing. Experiments in behavioral economics show that anonymity, not human nature, causes low contributions. Anonymity poses a particular challenge for charity because of the special character of the obligation. Charity is a disjunctive social norm, meaning the obligation is owed to ‘A or B or C or …’. Disclosure of each individual’s aggregate conduct is necessary for the effectiveness of any disjunctive social norm. To revitalize charity we propose a public registry where each taxpayer …

Book Review. There Goes The Neighborhood: Racial, Ethnic, And Class Tensions In Four Chicago Neighborhoods And Their Meaning For America By William Julius Wilson And Richard P. Taub, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan

Articles by Maurer Faculty

In his best-selling book, The World Is Flat, Thomas Friedman assesses how globalization has affected the political, economic, and social landscapes of both the developed and developing world. For Friedman, globalization is emboldening people in countries, like in India, to make societal and governmental demands that are similar to those made by Americans in the United States.

This Essay seeks to add a new layer to the debate over Friedman’s flattening-world thesis. Focusing on India, in particular, I shall argue that as the trajectory of India’s economic development appears on the rise, the sad reality is that …

Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira

Articles by Maurer Faculty

In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …

Racial Differences In The Mental Health Needs And Service Utilization Of Youth In The Juvenile Justice System, Michael Jenuwine, Purva Rawal, Jill Romansky, John S. Lyons

Articles by Maurer Faculty

Mental health placement rates by the juvenile justice system differ by race. However, it is unknown whether mental health needs differ by race. This study attempted to investigate potential differences in mental health needs and service utilization among Caucasian, African American, and Hispanic juvenile justice involved youth. A stratified random sample of 473 youth petitioned, adjudicated, and incarcerated from 1995-1996 was examined using a standard chart review protocol and the Childhood Severity of Psychiatric Illness measure for mental health needs. Significant and unique mental health needs were demonstrated for all racial groups. African American youth demonstrated the greatest level of …

African-Americans Within The Context Of International Oppression, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Broad Are Nebraska's Rolling Plains: The Early Writings Of George Bird Grinnell, Richard Vaughan

Articles by Maurer Faculty

Profiles the life of writer George Bird Grinnell (1849-1938) and the influence his first trip to Nebraska had in shaping his early writings about the American West. Among the works he published were several groundbreaking books about the Plains Indians of the late 19th and early 20th centuries. Not only did this 1870 trip to Nebraska, as a member of O. C. Marsh’s first Yale Paleontological Expedition, influence Grinnell's scholarly endeavors, but his deep interest in the state also influenced his lifelong devotion to environmental preservation and established him as an important advocate for the protection and welfare of Native …

Book Review. Ordinary Resurrections: Children In The Years Of Hope By Jonathan Kozol, Michael Jenuwine, Jane E. Barden

Articles by Maurer Faculty

No abstract provided.

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

My purposes in this essay are two-fold. First, I provide some background on the disciplines of economics and sociology as a basis for the discussion at this Symposium and for my own discussion of the potential for an interdisciplinary discourse on law. In this regard, in the first section of the essay I provide a brief history of the relationship between the two disciplines, a brief outline of the basic characteristics of each disciplinary perspective, and a brief discussion of the emerging opportunities for useful exchange between the two disciplines. Second, I examine the prospects that the economic analysis of …

The Social Construction Of A Rape Victim: Stories Of African-American Males About The Rape Of Desiree Washington, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Relevance Of Statistics To Prove Discrimination: A Typology, Julia C. Lamber, Barbara Reskin, Terry Dworkin

Articles by Maurer Faculty

No abstract provided.

The Relevance Of Premarital Cohabitation To Property Division Awards In Divorce Proceedings: An Evaluation Of Present Trends And A Proposal For Legislative Reform, Barbara Freedman Wand

Articles by Maurer Faculty

No abstract provided.

Housewives' Self-Esteem And Their Husbands' Success: The Myth Of Vicarious Involvement, Ilene Nagel Bernstein, Anne Statham Macke, George W. Bohrnstedt

Articles by Maurer Faculty

This study tests the common assertion that women, especially upper middle-class housewives, vicariously experience their husbands’ success. Our findings for 121 mostly upper middle-class housewives disprove this assertion. Husbands’ success does positively affect a housewife’s self-esteem, but only indirectly, through its effect on perceived marital success. Only husband’s income has a direct positive effect on self-esteem, while other successes of the husband actually lower her self-esteem. These findings, made more dramatic by a comparison with professional married women for whom none of the above effects appear, demonstrate the ambiguous impact traditional marriage has on women. Since marriage is traditionally a …

Social Control In Applied Social Science: A Study Of Evaluative Researchers' Conformity To Technical Norms, Ilene Nagel Bernstein

Articles by Maurer Faculty

This paper is a preliminary exploration of the relationship between social factors, and conformity to a set of prescribed methodological norms in applied social science. Focusing our attention on evaluative research, we seek to estimate how variation in type and nature of research sponsorship, research context, and researcher relationship with sponsor and host affect reported conformity to methodological prescriptions. Analyzing the self-reported responses of 152 evaluative researchers to a mail questionnaire, we find: (a) that conformity to methodological prescriptions is very variable among evaluative researchers: (b) that the social factors here examined seem to affect systematically the degree of conformity; …

Community Development Corporations: A Legal Analysis, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Societal Reaction To Deviants: The Case Of Criminal Defendants, Ilene Nagel Bernstein, William R. Kelly, Patricia A. Doyle

Articles by Maurer Faculty

Recent reformulations of the societal reaction theory argue that the thesis is a perspective rather than a theory, and that the perspective is meant to provide a set of sensitizing concepts to those researching deviance. This research examines the degree of congruence between hypotheses deduced from those assertions and a set of real world occurrences. Data for a sample of male defendants charged with felony offenses are examined to estimate the effects of (1) deviants' social attributes, (2) the specific societal reactors, (3) the values placed on certain offenses and (4) the organizational imperatives of the deviance-controlling organization, controlling for …

External Validity And Evaluation Research: A Codification Of Problems, Ilene N. Bernstein, George W. Bohrnstedt, Edgar F. Borgatta

Articles by Maurer Faculty

This paper delimits and explicates threats to external validity particularly problematic in evaluation research. Five categories of factors are discussed: selection effects, measurement effects, confounded treatment effects, situational effects, and effects due to differential mortality. The paper focuses on pointing up specific ways in which each of the factors threaten generalizability and possible solutions to the methodological problems presented.

A Comment On Dean Sovern's Paper, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Whither Black Capitalism, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Book Review. Timasheff, N. S. An Introduction To The Sociology Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Book Review. Seligman, E. Et. Al. (Eds.). The Encyclopedia Of The Social Sciences. Vol. 1, Jerome Hall

Articles by Maurer Faculty

No abstract provided.