Law and Society Reader II

Author: Larson   Erik  

Publisher: NYU Press‎

Publication year: 2014

E-ISBN: 9780814789339

Subject: D90 theory of law (jurisprudence)

Language: ENG

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Chapter

DOES LAW BENEFIT THOSE WITH THE MOST RESOURCES?

1. Do the “Haves” Still Come Out Ahead?

2. The Rule of Law and the Litigation Process: The Paradox of Losing by Winning

3. The Good Case: Decisions to Litigate at the World Trade Organization

HOW DO AUTHORITY AND POWER INFLUENCE THE IMPLEMENTATION OF LAW?

4. Convictability and Discordant Locales: Reproducing Race, Class, and Gender Ideology in Prosecutorial Decisionmaking

5. The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

CAN RIGHTS-BASED LITIGATION ADDRESS INEQUALITIES?

6. Popular Constitutionalism’s Hard When You’re Not Very Popular: Why the ACLU Turned to Courts

7. Beyond Backlash: Assessing the Impact of Judicial Decisions on LGBT Rights

PART II: ORGANIZATIONS AND LAW

WHEN IS REGULATION EFFECTIVE?

8. Explaining Corporate Environmental Performance: How Does Regulation Matter?

9. The “Compliance” Trap: The Moral Message in Responsive Regulatory Enforcement

10. Labor Regulation, Corporate Governance, and Legal Origin: A Case of Institutional Complementarity?

HOW DO REGULATED ORGANIZATIONS INFLUENCE LEGAL OUTCOMES?

11. Internal Dispute Resolution: The Transformation of Civil Rights in the Workplace

12. The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer Law

PART III: LAWYERS AND LEGAL WORK

HOW DO HIERARCHIES INFLUENCE THE LEGAL PROFESSION?

13. Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools

14. Lawyer Satisfaction in the Process of Structuring Legal Careers

WHAT FORCES INFLUENCE LAWYERS’ PRACTICES?

15. The Changing Character of Lawyers’ Work: Chicago in 1975 and 1995

16. Lawyers, Mediation, and the Management of Divorce Practice

CAN LAWYERS ADDRESS INEQUALITIES THROUGH SERVICE AND POLITICAL WORK?

17. The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City’s Housing Court: Results of a Randomized Experiment

18. Cause Lawyering in Transnational Perspective: National Conflict and Human Rights in Israel/Palestine

PART IV: LEGAL CONFRONTATIONS—DISPUTING AND LEGAL CONSCIOUSNESS

19. A New Social Constructionism for Sociolegal Studies

WHY DO PEOPLE TURN TO LAW IN DISPUTES?

20. Litigating within Relationships: Disputes and Disturbance in the Regulatory Process

21. Pursuing Rights and Getting Justice on China’s Ethnic Frontier, 1949–1966

HOW DO PEOPLE USE IDEAS AND IDEALS IN LEGAL DISPUTES?

22. Framing the Choice between Cash and the Courthouse: Experiences with the 9/11 Victim Compensation Fund

23. Justice Excused: The Deployment of Law in Everyday Political Encounters

HOW DO IDEAS INFLUENCE PEOPLES’ BELIEFS ABOUT LAW?

24. Three Strikes and You Are Out, but Why? The Psychology of Public Support for Punishing Rule Breakers

25. Situating Legal Consciousness: Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment

HOW DOES CONSCIOUSNESS INFLUENCE THE CONSTRUCTION OF LAW?

26. Idle Rights: Employees’ Rights Consciousness and the Construction of Sexual Harassment Policies

27. Mobilizing the Law in China: “Informed Disenchantment” and the Development of Legal Consciousness

PART V: LAW AS AN EMERGENT INSTITUTION

HOW DOES LAW RELATE TO OTHER SOCIAL INSTITUTIONS?

28. Competing Institutions: Law, Medicine, and Family in Neonatal Intensive Care

29. Challenging Medicine: Law, Resistance, and the Cultural Politics of Childbirth

HOW DO LEGAL ORDERS CHANGE WHEN COUNTRIES CHANGE?

30. Alternative Readings: The Status of the Status of Children Act in Antigua and Barbuda

31. Landscapes of the Law: Injury, Remedy, and Social Change in Thailand

32. Truth, Reconciliation, and the Creation of a Human Rights Culture in South Africa

HOW HAS LAW BECOME GLOBAL?

33. Rights, Religion, and Community: Approaches to Violence against Women in the Context of Globalization

34. Merchants of Law as Moral Entrepreneurs: Constructing International Justice from the Competition for Transnational Business Disputes

35. National Politics as International Process: The Case of Anti–Female Genital Cutting Laws

PART VI: LAW AS A PRODUCTIVE INSTITUTION

HOW DOES LAW INFLUENCE GROUP IDENTITY?

36. Through a Green Lens: The Construction of Customary Environmental Law and Community in Indonesia’s Maluku Islands

37. Unsuitable Suitors: Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities

CAN GROUPS REMAKE IDENTITY THROUGH LAW?

38. Think of the Hippopotamus: Rights Consciousness in the Fat Acceptance Movement

39. Legitimizing American Indian Sovereignty: Mobilizing the Constitutive Power of Law through Institutional Entrepreneurship

HOW DOES LAW OPERATE AS A SYSTEM OF IDEAS?

40. Blue Jeans, Rape, and the “De-Constitutive” Power of Law

41. Do Blind People See Race? Social, Legal, and Theoretical Considerations

CAN SOCIAL SCIENCE INFORM PROGRESSIVE CHANGE IN LAW?

42. From Legal Realism to Law and Society: Reshaping Law for the Last Stages of the Social Activist State

43. What Counts as Knowledge? A Reflection on Race, Social Science, and the Law

Bibliography

About the Authors

About the Editors

Index

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