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Court‐hoarding: Another method of gaming judicial turnover Law & Policy (IF 1.222) Pub Date : 2024-03-25 Patrick Leisure, David Kosař
While a slew of recent scholarship has examined the phenomenon of executive overstay, there is little talk about the more complex and equally vexing phenomena of judicial overstay. This article begins to examine the many layers and complexities of judicial overstay by exploring whether the political branches ever seek to prolong abusively the time in office of loyal judges, and if so, by what mechanisms
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“Culture and practice eat documents for lunch:” Norms and procedures in the 2020 election cases Law & Policy (IF 1.222) Pub Date : 2024-03-12 Michael A. Dichio, Igor Logvinenko
The US Supreme Court has been rightfully criticized for its role in contributing to the anti‐democratic processes in the United States. However, the focus on the apex court overlooks the potential for the judiciary as a whole to support democratic institutions. In the aftermath of the 2020 US presidential election, a series of lawsuits contesting the results were filed in federal courts, overseen by
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Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines Law & Policy (IF 1.222) Pub Date : 2024-03-12 Björn Dressel, Cristina Regina Bonoan
Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia's most important presidential regimes: the Philippines and Indonesia. In the Philippines, President Duterte (2016–2022) has shown unprecedented illiberal transgressions. Meanwhile in Indonesia, Joko Widodo's increasingly assertive presidency (2014–) has renewed concerns about “democratic backsliding” in what
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Legitimacy of parole as a consequence of policy shock: The lived experiences of incarcerated persons during the parole moratorium in Pennsylvania, U.S. Law & Policy (IF 1.222) Pub Date : 2024-03-07 Yu‐Heng Chen, E. Rely Vîlcică, Jeffrey T. Ward, Makayla Maynard, Cadee Eberhardt, Ajima Olaghere
This study examines the consequences of a policy shock to the criminal legal system through the prisms of the lived experiences of incarcerated persons. The study draws on a qualitative analysis of 159 unsolicited letters from incarcerated individuals in the Pennsylvania Department of Corrections written during the 2008–2009 Moratorium on prison releases. The results indicate that the moratorium eroded
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From the rotting soil grows the poison ivy: The Supreme Court and the legitimation of Herrenvolk democracy Law & Policy (IF 1.222) Pub Date : 2024-02-25 Julie Novkov
In recent years, the Court has swung sharply to the right but has thus far declined to support the most antidemocratic and radically authoritarian agendas of the Trumpist wing of the Republican Party. While scholars and concerned Americans have focused on the visible things the Court is dismantling and fretted about its potential for enhancing constitutional rot, this article sketches out what the
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The U.S. Supreme Court and democratic backsliding Law & Policy (IF 1.222) Pub Date : 2024-02-20 Thomas M. Keck
This paper assesses the performance of the Supreme Court as democratic guardrail during five prior periods of democratic crisis in the United States. It finds that most such periods witnessed efforts by the governing regime to entrench themselves in power, and that the Court has rarely provided an effective check on such democratic abuses. Rather than serving as a reliable democratic guardrail, the
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Courtroom workgroup dynamics and implementation of Three Strikes reform Law & Policy (IF 1.222) Pub Date : 2023-10-22 Elsa Y. Chen, Emily Chung, Emily Sands
In 2012, California's voters passed a ballot initiative that scaled back the state's “Three Strikes” sentencing law and permitted certain individuals who were serving 25-to-life prison terms to petition for resentencing and potentially release. Using analysis of original qualitative interview data supplemented with court administrative records, this study examines how characteristics of courtroom workgroup
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Mass deportation and the intensity of policing in the United States' 100-mile border zone: Complicating the “border”/“interior” enforcement binary Law & Policy (IF 1.222) Pub Date : 2023-10-16 Geoff Boyce
This paper draws on an expansive archive of internal government records obtained using the US Freedom of Information Act to examine federal, state and local police practice within the United States' 100-mile border zone. Analysis of this archive reveals a large number of “border” enforcement events that involve the arrest of US citizens, lawful permanent residents and others with deep roots in US communities
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Regulatory conflict and a latent public safety risk? The case of gas infrastructure Law & Policy (IF 1.222) Pub Date : 2023-09-30 Lynne Chester, Jan Hayes
While the literature on regulatory compliance is extensive, little scholarly attention has focused on how companies respond to conflicting regulatory requirements. As a case in point, gas pipelines and networks—deemed monopolies—are subject to economic regulation to emulate the price pressures of competition and encourage “efficient” expenditure. Technical (safety) regulation of the same infrastructure
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The geography of (un)reasonable suspicion: Rethinking causes of racial disparities in police stops Law & Policy (IF 1.222) Pub Date : 2023-09-19 Rachel Lautenschlager
In Illinois vs. Wardlow (2000), the U.S. Supreme Court ruled that presence in a “high-crime” area is one factor that police can consider when establishing reasonable suspicion to justify a Terry stop. Some legal scholars argue that through this decision the Court propagated inequity in police stops by setting a lower evidentiary standard for establishing reasonable suspicion in neighborhoods with greater
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Face mask mandates: Unilateral authority and gubernatorial leadership in US states Law & Policy (IF 1.222) Pub Date : 2023-08-09 William M. Myers, Davia C. Downey
During the first year of the COVID-19 pandemic in the United States, the coordination and cooperation between the federal government and the states failed. American governors were thus tasked with making critical public health policy choices—under extreme uncertainty—with varying institutional capacities, partisan pressures, and state demographic differences. Yet most of the nation's governors chose
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DACA legal services: One federal policy, different local implementation approaches Law & Policy (IF 1.222) Pub Date : 2023-07-30 Shannon Gleeson, Els de Graauw
In the United States, the absence of federal funding and coordination for immigration legal services often means that local resources determine immigrants' access to justice. Many of these resources go toward supporting immigrants caught in the detention and deportation system. Yet local support is also critical for implementing federal benefits programs such as the 2012 Deferred Action for Childhood
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Predatory fines and fees: Revenue, fiscal contrition, and policy change Law & Policy (IF 1.222) Pub Date : 2023-07-27 Karin D. Martin
Fiscal contrition refers to the phenomenon of policy-makers becoming aware of the social costs of fines and fees, recognizing a need to reduce those costs, and taking action to do so. In order to reveal the occurrence of fiscal contrition, this analysis examines detailed budget data from three U.S. counties. Findings indicate a dominance of predatory over punitive monetary sanctions in county budgets
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Carving the meat at the joint: The role of defining how animals are viewed and treated in the governance of (re-)emergent pandemic zoonoses in international law Law & Policy (IF 1.222) Pub Date : 2023-07-10 A. M. Viens, Victoria Cassar, Asma Atique
Pandemic zoonoses, such as COVID-19, are one of the greatest challenges of the 21st century. International governance tasked with attempting to prevent the (re-)emergence of zoonotic disease in the first place, or preparation and actual response once (re-)emergence or spread has occurred, has largely been fragmented among different governance systems, such as health, food, environment, and trade. The
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Sanitizing a crisis: The three dimensions of an enhanced regime of accumulation Law & Policy (IF 1.222) Pub Date : 2023-07-05 Ignasi Bernat Molina, Sergi Cutillas Márquez
In many western countries the Covid crisis has evolved from a public health crisis toward an economic crisis. Spain was no exception. Crises are always key moments in the reconfiguration of the role of the state, as this takes on new domains and functions. Conceiving state's role as a triad helps us understanding its functioning. From the initial stage, state work has been intense in order to mitigate
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Crafting the language of borders: The European Court of Justice's strategic opinion writing in rights cases Law & Policy (IF 1.222) Pub Date : 2023-06-27 Maureen Stobb, Jamie Scalera-Elliott
Courts, particularly those with the power of constitutional review, engage in supplementary lawmaking. Like other policymakers, judges seek the proper interpretation and implementation of their decisions. Research on the United States of America (U.S.) Supreme Court indicates that it strategically alters its language to obtain better compliance, but little is known about whether international courts
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Early 21st century penal reform: A comparative analysis of four states' responses to the problems of mass incarceration Law & Policy (IF 1.222) Pub Date : 2023-06-18 Heather Schoenfeld, Michael C. Campbell
This manuscript uses data drawn from case studies of New Jersey, Pennsylvania, Illinois, and Michigan from 2000 to 2006 in order to examine how different states responded to mounting problems caused by mass incarceration. Lawmakers and penal administrators inherited correctional systems that had at least doubled in size over the previous decade and faced budgetary problems, overcrowded conditions,
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“Because I feel like I want to be heard, you know?:” Carceral citizenship and collateral consequences Law & Policy (IF 1.222) Pub Date : 2023-06-08 Alec C. Ewald
Joining a critical literature on carceral citizenship in the United States, this article represents one of the first academic efforts to ascertain the ideas of people with criminal records about “collateral consequences,” which are the civil restrictions often facing people with records. In 32 extended interviews with people visiting a reentry organization in New York City, a majority argued that people
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Deaths and COVID-19: Talk, silence and alternative realities Law & Policy (IF 1.222) Pub Date : 2023-06-05 Joe Sim, Steve Tombs
This article critically considers the UK Government's insidious attempts to control the narrative around COVID-19 deaths through using the interrelated strategies of “talk and ‘silence’ in order to socially construct a definitive ‘truth’” around the virus. The article traces how these strategies worked in practice and the shift which took place from numerous press briefings and Parliamentary debates
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Smallpox vaccination and the limits of governing through contagion in the Straits Settlements, 1868–1926 Law & Policy (IF 1.222) Pub Date : 2023-06-02 Jack Jin Gary Lee, Lynette J. Chua
Vaccination involves the encounter of nonhuman biological matter and human bodies, recalibrating our susceptibility to illness and death. This boundary-crossing act has been caught in conflicting webs of moral significance, including the normalizing frameworks of public health governance and its corresponding forms of resistance. Such tensions and dynamics were a feature of smallpox vaccination - the
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Sumptuary administration: How contested market actors shape the trajectory of policy when regulated under fragmented governance Law & Policy (IF 1.222) Pub Date : 2023-05-24 Alexander B. Kinney
In contemporary society, sumptuary laws regulate contested markets by delegating enforcement responsibilities to the private sector. This can decouple the intention behind policies from the practices to implement them. When state interests do not align concerning the legality of a market, can policy and practice recouple, and if so, how? This article reports on a case study of commercial cannabis in
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Reproducing crises: Understanding the role of law in the COVID-19 global pandemic Law & Policy (IF 1.222) Pub Date : 2023-02-22 Jose Atiles, David Whyte
Governmental responses to the COVID-19 global pandemic have generated numerous constitutionals, policy, legal, and political-economic debates. Scholarly engagements with the sociolegal and policy consequences of the COVID-19 pandemic have been dominated by discussion on the role of emergency powers, the suspension of individual civil liberties, the suspension of economic rules in order to guarantee
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Under the quasi-judicial state: H-1B employment rights in an era of judicial retrenchment Law & Policy (IF 1.222) Pub Date : 2023-02-17 Gabrielle Clark
Foreign workers holding H-1B visas gained recourse to federal employment rights under the Immigration & Nationality Act (INA) for the very first time when Congress passed the Immigration Act of 1990 (IMMACT90). This paper examines H-1B employment rights enforcement under the INA as it has intersected with broader features of the American legal system: what political scientists call judicial retrenchment
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A global and historical exploration: Legislative reform in Muslim family laws in Muslim-majority versus Muslim-minority countries Law & Policy (IF 1.222) Pub Date : 2023-02-14 Yüksel Sezgin
Thirty-five Muslim-majority and 18 Muslim-minority countries formally integrate Muslim Family Laws (MFLs) into their legal systems and enforce them through state courts. Both Muslim-majority and Muslim-minority governments have undertaken legislative reforms to alleviate the effects of religious laws on fundamental human rights, increase accountability and accessibility, and strengthen the rule of
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Undocumented consciousness: Citizenship and illegality in the lives of US citizen youth Law & Policy (IF 1.222) Pub Date : 2023-02-13 Gabriela Gonzalez
This paper examines the impact of immigration law on US citizens' understanding of legal status categories. Prior research on legal consciousness has uncovered the ways in which undocumented persons make sense of and navigate their legal position in society. Less is known, however, about the paradox of US citizen children who are legally protected by their citizenship yet grow up in the context of
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Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling Law & Policy (IF 1.222) Pub Date : 2023-02-13 Roxane de Massol de Rebetz
The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting
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Criminal history inquiries and minority threat in the legal profession: An analysis of law school and state bar admission applications Law & Policy (IF 1.222) Pub Date : 2023-02-12 James M. Binnall, Nick Petersen
While all but one U.S. law school and every state bar ask about criminal history on their admissions application, such inquiries vary considerably in the depth of information sought. One potential explanation for variations in the depth of criminal history inquiries among law schools and state bars relates to minority threat dynamics. Drawing on data quantifying the depth of criminal history inquiries
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SCOTUS in the time of COVID: The evolution of justice dynamics during Oral arguments Law & Policy (IF 1.222) Pub Date : 2023-01-18 Eve M. Ringsmuth, Matthew Sag, Timothy R. Johnson, Tonja Jacobi
We assess changes in oral arguments at the US Supreme Court precipitated by the COVID-19 pandemic and the degree to which those changes persisted once the justices acclimated to the new procedures. To do this, we examine whether key attributes of these proceedings changed as the Court experimented with telephonic hearings and subsequently returned to in-person oral arguments. We demonstrate that the
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Law and the political stakes of global crises: Lessons from development practice for a coronavirus world Law & Policy (IF 1.222) Pub Date : 2023-01-18 Deval Desai
Law has translated the coronavirus crisis into politically salient forms in people's lives, from states of emergency, to border closures, to mask mandates. Yet political theory work on these forms has focused on constraining arbitrary state power. In this paper, I try to broaden this focus. Substantively, I argue that policy and its implementation also matter to how we theorize the role of law in crises
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Emergency powers, anti-corruption, and policy failures during the COVID-19 pandemic in Puerto Rico Law & Policy (IF 1.222) Pub Date : 2022-12-24 Jose Atiles
This paper explores how the use of emergency powers by the US and Puerto Rican governments exacerbated the impact of the COVID-19 pandemic and manufactured the conditions for furthering the multilayered economic, legal, political, and humanitarian crisis affecting Puerto Rico since 2006. The paper discusses three cases. First, it examines how the multiple declarations of the state of emergency, and
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Leveled odds? Attorney capability, team litigation, and outcomes in administrative patent cases Law & Policy (IF 1.222) Pub Date : 2022-10-21 Banks Miller, Brett Curry
We examine the impact of legal representation in an administrative setting. Focusing on adversarial proceedings within the United States Patent and Trademark Office and employing new data on patent litigation, we investigate patent rights—a legal area dominated by specialized, upper-hemisphere litigation teams that generally represent parties with ample resources. Even in an environment with substantial
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Acting on justiciable problems in a welfare state context: Does income matter? Law & Policy (IF 1.222) Pub Date : 2022-10-17 Myrte Sophie Hoekstra, Marijke J. Ter Voert
This paper discusses the effect of income on access to justice in the context of the Dutch welfare state, which offers subsidized legal aid to low-income households and also has a well-established market for private legal expenses insurance (LEI). We find that access to non-state legal resources such as LEI is a key determinant of the liklihood of seeking legal advice, particularly for middle-income
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Street-level immigrant policy implementation: The role of school counselors Law & Policy (IF 1.222) Pub Date : 2022-10-11 Fanny Lauby, Kelly Ross
This article contributes to the literature on the pathways of incorporation of undocumented immigrants in the United States by providing insights into the perspectives of street-level bureaucrats implementing policies seeking to increase college access at the state level. Results from a survey of public school counselors in New Jersey show that most counselors have limited knowledge of the policies
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The liberal dream of smart detention? Algorithms and the politics of pretrial detention in the US states Law & Policy (IF 1.222) Pub Date : 2022-10-01 Georg Wenzelburger, Pascal D. König
In the 2000s and 2010s, US states have seen an important wave of change in criminal justice policies toward a “smart on crime” approach. In this context, several states have rolled out algorithmic risk assessment tools for statewide use in pretrial decisions, whereas some others have not, and still others are moving back from using such tools again. The present article examines the explanations for
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Police redistricting reforms and urban governance Law & Policy (IF 1.222) Pub Date : 2022-09-08 Daanika Gordon, Anthony Davis-Pait
Police redistricting reforms are surprisingly understudied. While many understand redistricting in other realms as a mechanism of social inclusion and exclusion, police redistricting is often overlooked as merely technocratic. We argue that, in fact, police redistricting reforms are substantively and theoretically important because they articulate urban policy amid the pressures of neoliberal governance
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Regulating emerging technology in times of crisis: Digital contact tracing in Norway during the COVID-19 pandemic Law & Policy (IF 1.222) Pub Date : 2022-07-29 Jonas Lund-Tønnesen
In times of crisis, emerging technology can pose major challenges for regulators. They must deal with great uncertainty and urgency related to both the crisis and the technology. To understand such situations, this article studies the revelatory case of privacy regulation of a contact-tracing application called Smittestopp, created in Norway during the COVID-19 crisis. Based on public and organizational
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The illusion of choice: Organizational dependency and the neutralization of university sexual assault complaints Law & Policy (IF 1.222) Pub Date : 2022-07-16 Nicole Bedera
In response to new regulations, universities have created multiple options for managing sexual misconduct complaints. These options are described as maximizing survivors' autonomy through feminist paradigms of choice. This study uses data from ethnographic observation and 76 interviews with survivors, perpetrators, and administrators to examine whether providing options gave survivors control over
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Patchwork disclosure: Divergent public access and personal privacy across criminal record disclosure policy in the United States Law & Policy (IF 1.222) Pub Date : 2022-07-01 Juan R. Sandoval, Sarah E. Lageson
Scholars have paid minimal attention to state statutory guidance that allows criminal justice agencies to disclose records that contain personal information about arrestees, defendants, and incarcerated people. We analyze US state policy for police, courts, prisons, and record repositories (N = 200). Most states restrict access to compiled criminal histories, but nearly all allow broad public access
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Interpretation at the Asylum Office Law & Policy (IF 1.222) Pub Date : 2022-05-26 Hillary Mellinger
The United States requires asylum applicants to bring their own interpreters to the Asylum Office. However, asylum officers have discretion to provide interpreters in extraordinary circumstances. When do asylum officers exercise this discretion? Is it exercised uniformly? How do interpreters affect interview dynamics? To explore these questions, I conducted 28 attorney interviews. Interviewees reported
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Law, compliance, and variation: Proximity and preferences regarding workplace lactation accommodations Law & Policy (IF 1.222) Pub Date : 2022-04-22 Elizabeth A. Hoffmann, Elizabeth R. Hoffman
Federal law mandates that employers accommodate lactating workers who wish to express breast milk at work. Lactation's physical demands set lactating employees apart from their coworkers, as lactation requires regular breaks and private rooms to express milk. Although longer breaks and convenient lactation accommodations make for more successful workplace milk expression, many lactating workers lack
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The Voting Rights Act and the curious case of three-judge district court panels Law & Policy (IF 1.222) Pub Date : 2022-04-06 Maxwell Mak, Andrew H. Sidman
A major avenue through which Voting Rights Act (VRA) cases are adjudicated is three-judge district court panels. These panels mix district and circuit court judges and exist in federal law to force certain important legal questions to be decided in a multimember environment. Using an original dataset of VRA cases decided by three-judge district court panels, we find that these panels do not operate
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Art, not a science: How legal impact organizations identify community need Law & Policy (IF 1.222) Pub Date : 2022-03-27 David Trowbridge
The cause lawyering and social movement organization literature explains that movement groups may not prioritize needs that are important to marginalized subgroups within their constituencies. This echoes common and salient critiques within the LGBTQ legal industry. Using a case study of legal organizations within the LGBTQ movement, this article attempts to identify the mechanisms used to determine
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Fostering regulator–innovator collaboration at the frontline: A case study of the UK's regulatory sandbox for fintech Law & Policy (IF 1.222) Pub Date : 2022-03-16 Lauren A. Fahy
When supervising emerging technologies, regulators are more effective when they collaborate with business. Yet, innovative businesses are often small, inexperienced, and mistrustful. How can regulators motivate them to collaborate? This study examines this question by applying responsive regulation theory to a case study of the United Kingdom's regulatory sandbox for financial technology. This study
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The anti-LGBTIQ campaign in Poland: The established, the outsiders, and the legal performance of exclusion Law & Policy (IF 1.222) Pub Date : 2022-02-07 Marta Bucholc
Since Spring 2019, over 90 local communities in Poland adopted resolutions expressing their rejection of “LGBT ideology.” Based on a content analysis of these resolutions, I show how local lawmaking was used in this case to create and reinforce the social division between the heteronormative majority and Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer people. In the “anti-LGBT resolutions
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Making asylum work? Civic stratification and labor-related regularization among rejected asylum seekers in Germany Law & Policy (IF 1.222) Pub Date : 2022-01-28 Elina Jonitz, Arjen Leerkes
Rejected asylum seekers often do not return to their countries of origin and face precarious living conditions in destination countries. Taking Germany as a strategic case, we investigate whether labor-related regularization, or “laborization,” may serve as a solution for such migrants. We analyze the factors determining access to such regularization and how labor-related regularization relates to
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The subtle effects of implicit bias instructions Law & Policy (IF 1.222) Pub Date : 2022-01-26 Mona Lynch, Taylor Kidd, Emily Shaw
Judges are increasingly using “implicit bias” instructions in jury trials in an effort to reduce the influence of jurors' biases on judgment. In this article, we report on findings from a large-scale mock jury study that tests the impact of implicit bias instructions on judgment in a case where defendant race was varied (Black or White). Using an experimental design, we collected and analyzed quantitative
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Making noncitizens' rights real: Evidence from immigration scam complaints Law & Policy (IF 1.222) Pub Date : 2022-01-22 Juan Manuel Pedroza
Noncitizens seeking to make sense of US immigration systems encounter a labyrinth of information and deception. This paper is the first national study of scams targeting noncitizens seeking immigration legal services. I construct a county-year database (N = 3135 over a four-year time period, 2011–2014) across secondary data sources to analyze the correlates of immigration scam complaints submitted
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Mandatory detention for criminal convictions: The reproduction of racial inequality through U.S. immigration law Law & Policy (IF 1.222) Pub Date : 2022-01-10 Sarah Tosh
Since the late 1980s, immigrants convicted of certain criminal offenses have been subject to mandatory detention during their deportation proceedings. Due to court backlog and complicated cases, noncitizens mandatorily detained in this way can be held for years at a time, without any legal right to a bail hearing. While political rhetoric and policy aims of the past three decades have painted so-called
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Addressing urban disorder without police: How Seattle's LEAD program responds to behavioral-health-related disruptions, resolves business complaints, and reconfigures the field of public safety Law & Policy (IF 1.222) Pub Date : 2021-11-01 Forrest Stuart, Katherine Beckett
Since the late twentieth century, as part of a broad effort to maximize the profitability of commercial spaces and address the complaints of business interests, cities have increasingly criminalized the presence and behavior of populations perceived as disorderly. The resulting police interactions produce a range of deleterious outcomes, particularly for individuals contending with mental health and
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Quality over quantity: Legal representation at the Asylum Office Law & Policy (IF 1.222) Pub Date : 2021-10-28 Hillary Mellinger
Quantitative studies emphasize a positive relationship between legal representation and asylum case outcomes but are stymied by potential case-selection bias. Moreover, few studies address whether an attorney's quality level might affect case outcomes or how high-quality representation should be conceptualized. The present study informs this literature by drawing on 28 interviews with immigration attorneys
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Listening to snitches: Race/ethnicity, English proficiency, and access to welfare fraud enforcement systems Law & Policy (IF 1.222) Pub Date : 2021-10-15 Spencer Headworth, Viridiana Ríos
How does the state respond to members of the public seeking to mobilize its coercive power? Focusing on welfare fraud control units in the United States, we examine how race/ethnicity and written English proficiency affect access to systems for reporting welfare fraud suspicions. Using a correspondence audit, we assess fraud control authorities' likelihood of taking up reports from Latinas and Whites
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Rethinking Supreme Court power in the study of judicial impact Law & Policy (IF 1.222) Pub Date : 2021-09-30 Logan Strother
The extent to which courts meaningfully affect policy change has been the subject of heated debate among socio-legal and other public law scholars. I argue here that one key source of tension in the literature has been the lack of any clear theory of judicial power, especially in compliance and other impact studies. Indeed, many studies have conflated “impact” and power—a move that serves to confuse
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Restorative nodes of governance in the Anthropocene: Iran's Kashaf River Law & Policy (IF 1.222) Pub Date : 2021-07-22 John Braithwaite, Honeye Hojabrosadati, Miranda Forsyth
This article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice
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Privacy protections and law enforcement use of prescription drug monitoring databases Law & Policy (IF 1.222) Pub Date : 2021-07-26 Anne E. Boustead
Prescription drug monitoring programs (PDMPs) are databases that can be used by healthcare professionals to identify problematic drug-seeking behavior. Law enforcement officers can also obtain PDMP information, raising significant privacy concerns. In this paper, I use regression analysis to explore the association between state PDMP protections and law enforcement information requests. I find that
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Numbing the pain or diffusing the pressure? The co-optation of PETA's “naming and shaming” campaign against mulesing Law & Policy (IF 1.222) Pub Date : 2021-07-15 Lev Bromberg
This article examines a high-profile “naming and shaming” campaign launched by the activist group People for the Ethical Treatment of Animals targeting the controversial sheep husbandry practice of mulesing. This campaign led to important changes to the “rules of the game” governing global merino wool production. This article suggests that contests between activists and other stakeholders over the
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Children seeking asylum: Determinants of asylum claims by unaccompanied minors in the United States from 2013 to 2017 Law & Policy (IF 1.222) Pub Date : 2021-04-15 Daniel Braaten, Claire Nolasco Braaten
This paper examines the treatment and processing of immigration court decisions for unaccompanied alien children (UAC) in the United States from 2013 to 2017. We focus on two primary questions in our research: (1) whether asylum cases involving UAC are substantially different in outcome than non-UAC cases, and (2) whether there have been significant differences in the immigration courts' asylum decisions
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Targeted sympathy in “whore court”: Criminal justice actors' perceptions of prostitution diversion programs Law & Policy (IF 1.222) Pub Date : 2021-04-27 Chrysanthi S. Leon, Corey S. Shdaimah
Using interview and focus group data (N = 44) from three study sites, we locate prostitution diversion program (PDP) professionals within logics of punishment and governance. While critical research on problem-solving justice emphasizes professionals' performative and quasi-therapeutic roles, inadequate attention has been paid to the contradictory logics of their roles. Involvement in a diversion program
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The law in computation: What machine learning, artificial intelligence, and big data mean for law and society scholarship Law & Policy (IF 1.222) Pub Date : 2021-03-31 Tania DoCarmo, Stephen Rea, Evan Conaway, John Emery, Noopur Raval
Computational systems, including machine learning, artificial intelligence, and big data analytics, are not only inescapable parts of social life but are also reshaping the contours of law and legal practice. We propose turning more law and social science (LSS) attention to new technological developments through the study of “law in computation,” that is, computational systems' integration with regulatory
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How the Canadian sentencing system impacts policy reform: An examination of the Harper era Law & Policy (IF 1.222) Pub Date : 2021-03-17 Kate Puddister
During the Harper era (2006–2015), the Canadian government actively pursued criminal justice policy reform. Many of its efforts focused on reforming the Canadian sentencing regime by increasing the severity of penalties, including expanding mandatory minimums. Yet, Canada's rate of incarceration remains stable. The inconsistency between the considerable focus on sentencing policy by the Harper government