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Law and Society

2014

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Articles 1 - 30 of 168

Full-Text Articles in Law

Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott Dec 2014

Sex Offender Law And The Geography Of Victimization, Amanda Y. Agan, J. J. Prescott

Articles

Sex offender laws that target recidivism (e.g., community notification and residency restriction regimes) are premised—at least in part—on the idea that sex offender proximity and victimization risk are positively correlated. We examine this relationship by combining past and current address information of registered sex offenders (RSOs) with crime data from Baltimore County, Maryland, to study how crime rates vary across neighborhoods with different concentrations of resident RSOs. Contrary to the assumptions of policymakers and the public, we find that, all else equal, reported sex offense victimization risk is generally (although not uniformly) lower in neighborhoods where more ...


Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr Dec 2014

Racial Disparity In Federal Criminal Sentences, M. Marit Rehavi, Sonja B. Starr

Articles

Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher ...


Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp Nov 2014

Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

One reason legal history is more interesting than it was several decades ago is the increased role of interest groups in our accounts of legal change. Diverse movements including law and society, critical legal theory, comparative law, and public choice theory have promoted this development, even among writers who are not predominantly historians. Nonetheless, in my own survey course in American legal history I often push back. Taken too far, interest group theorizing becomes an easy shortcut for assessing legal movements and developments without fully understanding the ideas behind them.

Intellectual history in the United States went into decline because ...


Proposed Amendments To The Federal Judicial Misconduct Rules: Comments And Suggestions, Arthur D. Hellman Oct 2014

Proposed Amendments To The Federal Judicial Misconduct Rules: Comments And Suggestions, Arthur D. Hellman

Testimony

In 2008, the Judicial Conference of the United States – the administrative policy-making body of the federal judiciary – approved a revised set of rules for handling complaints of misconduct or disability on the part of federal judges. Moving away from the decentralizing approach of the pre-2008 Illustrative Rules, the new rules were made binding on all of the federal judicial circuits.

On September 2, 2014, the Conference’s Committee on Judicial Conduct and Disability (Conduct Committee) issued a set of draft amendments to the Rules. The announcement invited comments on the proposed amendments. This statement was submitted in response to that ...


A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli Oct 2014

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed ...


Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale Oct 2014

Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale

Faculty Scholarship

Reviewing Thomas Piketty, Capital in the Twenty-First Century (Harvard University Press, 2014)

Piketty’s Capital in the Twenty-First Century is a rare scholarly achievement. It weaves together description and prescription, facts and values, economics, politics, and history, with an assured and graceful touch. So clear is Piketty’s reasoning, and so compelling the enormous data apparatus he brings to bear, that few can doubt he has fundamentally altered our appreciation of the scope, duration, and intensity of inequality. This review explains Piketty’s analysis and its relevance to law and social theory, drawing lessons for the re-emerging field of political ...


Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall Oct 2014

Climate Change Survey Measures: Exploring Perceived Bias And Question Interpretation, Tarik Abdel-Monem, Lisa M. Pytlikzillig, Tonya K. Bernadt, Nicole Wall

Lisa PytlikZillig Publications

Climate change has become an important yet politically divisive topic in recent years. Further complicating the issue are assertions that climate change– related public opinion surveys used by social scientists are biased or otherwise problematic. We conducted a pilot study to explore questions concerning bias and interpretation of climate change surveys. Our study sample was composed of adult residents of Nebraska (n = 115). We augmented our survey findings with cognitive interviews of a subsample of respondents (n = 20). We assessed study participants’ attitudes about climate change, and perceptions of bias and interpretation of survey questions drawn from previously used survey ...


The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene Oct 2014

The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene

All Faculty Scholarship

One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land ...


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito Oct 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu T. Saito

Faculty Publications By Year

More than a half-century after the Civil Rights Era, people of color remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution’s guarantee of equal protection remain elusive. This article argues that the “racial realism” advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative’s depiction of the United States as a “nation of immigrants” with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without ...


Anarchy, Status Updates, And Utopia, James Grimmelmann Oct 2014

Anarchy, Status Updates, And Utopia, James Grimmelmann

Cornell Law Faculty Publications

Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.

Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come ...


Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulationroom Project, Cynthia R. Farina, Hoi Kong, Cheryl Blake, Mary J. Newhart, Nik Luka Oct 2014

Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulationroom Project, Cynthia R. Farina, Hoi Kong, Cheryl Blake, Mary J. Newhart, Nik Luka

Cornell Law Faculty Publications

Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises-that is, they involve a limited number of participants, often selected to achieve a ...


The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen Oct 2014

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Research Collection School Of Law

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed ...


Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro Oct 2014

Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro

Faculty Scholarship at Penn Law

The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.

As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply ...


Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale Sep 2014

Interview On The Black Box Society, Lawrence Joseph, Frank A. Pasquale

Faculty Scholarship

Hidden algorithms drive decisions at major Silicon Valley and Wall Street firms. Thanks to automation, those firms can approve credit, rank websites, and make myriad other decisions instantaneously. But what are the costs of their methods? And what exactly are they doing with their digital profiles of us?

Leaks, whistleblowers, and legal disputes have shed new light on corporate surveillance and the automated judgments it enables. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only ...


Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan Sep 2014

Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan

Research Collection School Of Law

Singapore was and remains an immigrant society. The immigration of newcitizens and temporary workers has become the primary means by which thepopulation is replenished and right-sized for its economic and demographicrequirements. More than one in three persons (or 38.6 percent) living inSingapore are foreigners (non-citizens, including permanent residents) in2013.[2] Of the 3.45 million working population in Singapore, about 38 percent(or about 1,296,800 persons are foreigners.[3] The vast majority of theseforeigners are transient workers (migrant workers) on short-term work permits.Of these, about 211,000—all women—are employed as domestic help (or ‘maids ...


Arguing On The Side Of Culture, Debra Chopp, Robert Ortega, Frank E. Vandervort Sep 2014

Arguing On The Side Of Culture, Debra Chopp, Robert Ortega, Frank E. Vandervort

Articles

Human service professions are increasingly acknowledging the ubiquitous role of culture in the human experience. This is evidenced in professional codes of ethics, professional school accreditation standards, licensing, and in some cases through state statutes regarding professional codes of conduct. Across professions, concerted efforts are being made to infuse standards of culturally responsive practice into curricular content and training. For example, instruction on cultural competence is expected in business and medical education.1 Psychology and social work both require their professionals to exercise cultural competence. When it comes to cultural competence/ though, the legal codes of ethics and professional practice ...


The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip Sep 2014

The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip

Research Collection School Of Law

The Protection from Harassment Act 2014 (“Act”) was passed by Parliament on 13 March 2014 following its Second Reading. The Act is a culmination of a concerted ministerial effort to bring about legislative change to the laws governing harassment. Bringing together the background to the Act, its general structure and its specific provisions, this article aims to add to the undoubted long list of commentaries on the Act and, it is hoped, contribute to the understanding and enforcement of the Act.


16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island Aug 2014

16th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2014, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook Jul 2014

The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook

School of Information Sciences Faculty Research Publications

This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The ...


Ineffective Assistance Of Counsel Before Powell V. Alabama: Lessons From History For The Future Of The Right To Counsel, Sara Mayeux Jul 2014

Ineffective Assistance Of Counsel Before Powell V. Alabama: Lessons From History For The Future Of The Right To Counsel, Sara Mayeux

Faculty Scholarship at Penn Law

The doctrinal literature on ineffective assistance of counsel typically begins with the 1932 Supreme Court case of Powell v. Alabama. This symposium contribution goes back farther, locating the IAC doctrine’s origins in a series of state cases from the 1880s through the 1920s. At common law, the traditional agency rule held that counsel incompetence was never grounds for a new trial. Between the 1880s and the 1920s, state appellate judges chipped away at that rule, developing a more flexible doctrine that allowed appellate courts to reverse criminal convictions in cases where, because of egregious attorney ineptitude, there was reason ...


We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene Jul 2014

We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene

All Faculty Scholarship

http://wewantwhatsours.com

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses ...


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back ...


Competitive Federalism: Five Clarifying Questions, Larry Yackle Jul 2014

Competitive Federalism: Five Clarifying Questions, Larry Yackle

Faculty Scholarship

Before I looked into the two fine books we are reviewing here,1 I would have said that arguments from federalism are typically fraudulent, neither more nor less than deliberate attempts to cloud the discussion of real issues. Now that I have read what Sotirios A. Barber and Michael S. Greve have written, I am largely confirmed in my prejudices. But my suspicions about federalism contentions have been shaken a bit – enough to ask some questions of Professor Greve, whose answers might persuade me that there is some good in this federalism business, after all. I doubt it, but I ...


Tobacco Control In Asean, Locknie Hsu Jul 2014

Tobacco Control In Asean, Locknie Hsu

Research Collection School Of Law

Almost 30 per cent of the adult population of the Association of Southeast Asian Nations (ASEAN) smokes. All but one of the ASEAN members are currently parties to the WHO Framework Convention on Tobacco Control (WHO FCTC). The outlier is Indonesia, the most populous of the ten ASEAN countries. Multilaterally, all ten ASEAN members are World Trade Organization (WTO) members and subject to its trade rules. Regionally, ASEAN is in the process of accelerated economic integration, with the aim of establishing the ASEAN Economic Community (AEC) in 2015. A Common Effective Preferential Tariff (CEPT) system, set up under the ASEAN ...


Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu Jul 2014

Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu

Research Collection School Of Law

Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.

The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal ...


The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton Jul 2014

The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

Faculty Scholarship at Penn Law

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate ...


Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres Jun 2014

Changing The Wind: Notes Toward A Demosprudence Of Law And Social Movements, Lani Guinier, Gerald Torres

Cornell Law Faculty Publications

This essay was influenced by a class on Law and Social Movements that Professors Guinier and Torres taught at the Yale Law School in 2011. This essay was also informed by numerous conversations with Bruce Ackerman regarding his book that is under review in this Symposium. While we are in fundamental agreement with Professor Ackerman’s project, as well as the claims he makes as to the new constitutional canon, we supplement his analysis with the overlooked impact of the lawmaking potential of social movements. In particular, we focus on those social movements that were critical to the legal changes ...


Chevron Uses Deep Pockets To Win Ecuador Legal Battle, Lauren Carasik May 2014

Chevron Uses Deep Pockets To Win Ecuador Legal Battle, Lauren Carasik

Media Presence

No abstract provided.


A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan May 2014

A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan

Faculty Scholarship at Penn Law

The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role ...


Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay May 2014

Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay

Research Collection School Of Law

The article explores the features and charts the principle theorizing of regulatory sociability from collaboration rather than intervention, whatever the interest-based motivation behind transforming crisis, toward orderliness. A key theme is the role played by corporations in facilitating and benefiting from sociability. A particular explanatory focus on the way in which corporate culture can change from predatory jurisdiction shopping to embracing mutuality of interests in the context of environmental sustainability is employed. The article concludes with a discussion of how, as compulsory discipline increases, it may produce compliance but at costs for regulatory sociability. The alternative regulatory paradigm is one ...