bluuebunny/crossref_metadata_2025 huggingface dataset:
The Minnesota Public Defender System and the Criminal Law Process: A Comparative Study of Behavior at the Judicial District Level
Authors: Benjamin Roger W. , Pedeliski Theodore B.
Published: June 2006

In 1965 the Minnesota legislature created the office of State Public Defender and authorized the establishment of defender systems in the ten judicial districts which comprise the state judicial system. District systems were to be established upon decision of the district judges for each given district. The period from 1966 through 1967 saw the expansion of the system from two original districts to six additional judicial districts. This study describes and explains the effects of the introduction of this indigent defense system upon the criminal law process in the state of Minnesota. What follows essentially focuses on a problem of institutionalization, i.e., the transformation of an idea or concept into a working institution and its subsequent manifest or latent consequences. (On this problem, see Warriner [1962] and Eisenstadt [1957].) The primary task of this study is the determination of the changes effected by the introduction of the system upon the variables by which the criminal law process is statistically monitored. The replacement of the appointive counsel system by the public defender system assumes a change in the operative goals of the defense system. The statistics which monitor the criminal law process are analyzed for changes which indicate a modification in those operative goals. Particular emphasis is placed on the discovery of trends in the process variables which indicate goals pointing to a maximization of due process values. We also undertake a comparative analysis which emphasizes differentiation congruent with increasing experience under the public defender system. Finally, the study analyzes reaction to the system on the part of personnel involved in the adversary process affecting indigent accused.
The Mounties as Vigilantes: Perceptions of Community and the Transformation of Law in the Yukon, 1885-1897
Authors: Stone Thomas
Published: June 2006

The transformation of law in the Yukon attendant upon the arrival of the North West Mounted Police and their successful attempt to eliminate the authority of the miners' meeting in the district is reviewed. In this instance, it appears that the symbolic as distinct from the instrumental functions of law led to the acceptance of a fundamental change in the character of local legal institutions.
Alternatives in Dispute Processing: Litigation in a Small Claims Court
Authors: Sarat Austin
Published: June 2006

Social life is inevitably conflictual. Conflict occurs as individuals with different interests, goals, problems and perspectives seek to achieve a maximum share of the values which any society provides. Yet, the inevitability of conflict does not mean that its occurrence is welcomed. In fact, generally the opposite is true. Conflict, once it occurs, is difficult to end. Resolution is elusive because conflicts transform themselves almost as quickly as they can be defined and strategies for dealing with them developed. Nevertheless, in every society there is a wide range of techniques and procedures available to deal with disputes.
The Sentence Bargaining of Upperworld and Underworld Crime in Ten Federal District Courts
Authors: Hagan John , Bernstein Ilene Nagel
Published: June 2006

This paper explores the use of different types of sentence bargaining tactics in ten federal district courts. We distinguish between proactive and reactive prosecutorial orientation, and hypothesize that proactive prosecution of upperworld crime is associated with more explicit sentence bargaining than is the reactive prosecution of underworld crime. We present evidence for and explanations of this relationship.
Avoidance as Dispute Processing: An Elaboration
Authors: Felstiner William L. F.
Published: June 2006

I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated the costs of avoidance in the United States. They may be right. In any event, avoidance can be analyzed more precisely than it was in my original paper (see 1974: 70, 76, 79-80, 83-84). This response will try to provide such an analysis, including a more complete breakdown of avoidance costs. It will suggest why I appraise avoidance costs differently than do Danzig and Lowy. It will also re-evaluate some of the variance in avoidance costs between different societies. Finally, it will discuss avoidance and Danzig and Lowy's proposed neighborhood mediation.
Thinking Disputes: An Essay on the Origins of the Dispute Industry
Authors: Cain Maureen , Kulcsar Kalman
Published: June 2006

The paper identifies five presumptions of dispute theorizing: universality, ideological functionalism, settlement by courts, qualitative identity of the parties, and comparability. It is argued that these presumptions derive from or are related to the methodology of dispute theorizing, which is idealist either in the form of abstracted empiricism or logical deduction. Reasons for the sudden upsurge in dispute theorizing are discussed. Concluding, the authors evaluate attempts by dispute theorists to break away from the presumptions identified, and indicate some empirically limited but theoretically useful possibilities for futher work.
The Right to Refuse Treatment: Four Case Studies of Legal Mobilization
Authors: Milner Neal
Published: June 2006

This is a comparative study of legal mobilization that shows how various patterns of legal representation and layperson participation affect the scope and pace of mobilization. These patterns do not emerge from whole cloth during a particular legal mobilization but rather develop according to preexisting trends of representation and participation.

The author first discusses this analytic framework and then presents four case studies. Ultimately he presents a comparative analysis of these cases to generalize about the relationship between the patterns and the scope and pace of mobilization. He argues that patterns of legal representation and layperson participation are powerful determinants of the style and outcome of legal mobilization.
Formal Justice and the Spirit of Capitalism: Max Weber's Sociology of Law
Authors: Ewing Sally
Published: June 2006

A number of contemporary scholars have argued that Max Weber sought to establish a positive relationship between the highest form of rationality in legal thought—logically formal rationality, and the most advanced type of economic rationality, that embodied in capitalism. Since capitalism actually developed first in England, where no such logically formal legal system existed, these scholars conclude that Weber's sociology of law suffers from various contradictions that are frequently referred to as the “England problem.” This paper rejects the idea of the “England problem” and argues that Weber actually identified formal justice and guaranteed rights, rather than logically formal legal thought, as the features of modern law that directly facilitated the rise of capitalism. It also challenges Habermas's claim that Weber ignored the normative dimension of modern law and argues that he considered the “rightness” of law to be an important factor in the rise of capitalism but found that with the disenchantment of law this normative dimension has weakened.
Judicial Reform and Prisoner Control: The Impact of Ruiz v. Estelle on a Texas Penitentiary
Authors: Marquart James W. , Crouch Ben M.
Published: June 2006

This article examines the impact of court-ordered structural reforms on a Texas penitentiary. The staff's prisoner control structure is analyzed before, during, and after the reform measures decreed in the complex and sweeping prison reform case Ruiz v. Estelle (1980). Participant observation and inmate disciplinary report data are utilized to examine how legal intervention affected the prison community. Results show that after the court order was inaugurated, inmate-inmate and inmate-guard violence escalated to new plateaus. The final section compares several aspects of the old and new prisoner control structures and discusses the implications of court reforms for prisoner control.
Formal and Empirical Research on Cascaded Inference in Jurisprudence
Authors: Schum David A. , Martin Anne W.
Published: June 2006

This paper reports observations from a series of formal and empirical studies of the process of assessing the probative value of evidence in the cascaded or hierarchical inference tasks commonly performed by fact finders in court trials. The formal research develops expressions that prescribe how the ingredients of various forms of evidence can be coherently combined in assessing the probative value of evidence. These expressions allow identification and systematic analysis of a wide assortment of subtle properties of evidence, many of which are commonly recognized in evidence law. The reported empirical research was designed to evaluate the consistency with which persons actually assess the probative value of evidence when they are asked to make these evaluations in several equivalent ways. Results show that persons, when required to mentally combine a large amount of probabilistic evidence, exhibit certain inconsistencies such as treating contradictory testimony as corroborative testimony and double-counting or overvaluing redundant testimony. However, when people are asked to make assessments about the fine-grained logical details of the same evidence, these inconsistencies do not occur.
Narratives and Narrative Structure in Plea Bargaining
Authors: Maynard Douglas W.
Published: June 2006

During plea negotiations, attorneys use stories to tell what happened when a defendant was charged with an offense. This paper is concerned with how attorneys tell stories, and includes a consideration of narrative structure and how components of this structure are used in plea negotiations. Components of narrative include: (1) a story entry device; (2) the story itself which may contain a backgrounding segment, action report, and reaction report; and (3) a defense segment in which an attorney denies or explains the defendant's behavior. Systematic employment of these components results in four patterns of negotiations: (1) routine processing, (2) assessing character; (3) disputing facts, and (4) arguing subjectivity. Narrative structure is part of the interaction order of negotiations and is a mechanism through which participants assemble features of a case and aspects of the courtroom setting. Narrators reflexively become part of the stories they tell, which provides a structural motivation for them to perform well during negotiations.
Controlling Male Aggression in Intimate Relationships
Authors: Williams Kirk R. , Hawkins Richard
Published: June 2006

Legal control of aggressive acts within the family must be assessed against a background of other familial controls. This study identifies factors that control male aggression against female partners in intimate relationships. Hirschi's (1969) theory of the social bond, applied almost exclusively to delinquency, is used to test the importance of attachments, commitments, involvement, and beliefs in controlling husband-to-wife assault. By looking at males who do not assault their partners, we gain some insight into the ways in which legal policies might be structured to reduce domestic violence against women.
The Dutch Supreme Court and Parliament: Political Decisionmaking Versus Nonpolitical Appointments
Authors: Van Koppen Peter J.
Published: June 2006

The Hoge Raad der Nederlanden (Dutch Supreme Court), founded in 1838, has grown from an insignificant body to a politically important institution in Dutch society. Partisan politics, however, does not influence appointments of justices, although the formal procedure of appointments gives the lower house of Parliament ample opportunity to exercise such influence. This nonpolitical appointment to a highly politically active highest court is unique among highest courts in Western democracies. In this article, I examine the history of both the decisionmaking of the Court and the appointments of justices and suggest explanations for the disparity between the political role of the Court and the nonpolitical appointments. I also compare the Dutch exception to the practice of highest courts in other Western democracies, concluding that there is evidence that partisan political interference in appointments to the Dutch Supreme Court will grow in the future.
The Paradox of the Contented Female Lawyer
Authors: Hull Kathleen E.
Published: June 2006

This research note calls attention to some basic but rather neglected questions about life in the legal profession: Are lawyers happy in their work? Do patterns of stratification within the profession translate into differences in work satisfaction? Does satisfaction with different components of legal work vary across employment statuses and practice contexts?

Given that job satisfaction is a highly subjective phenomenon, some sociolegal scholars may question its value as an object of social scientific inquiry. I argue, however, that to ignore the question of lawyers' happiness is a mistake. Despite their limitations, studies of lawyers' work satisfaction can be useful in several ways. First, job satisfaction can be viewed as a stratification measure, complementing more traditional measures such as income and hierarchical position. If satisfaction is unevenly distributed within the profession in some systematic way (e.g., if women are less satisfied than men or if minorities less satisfied than whites), we might interpret this uneven distribution as a form of inequality and seek to explain its causes and possible remedies.
Imagining the Law of the Father: Loss, Dread, and Mourning in The Sweet Hereafter
Authors: Sarat Austin
Published: June 2006

This essay takes the theme of the 1999 annual meeting of the Law and Society Association, “The Legal Imagination: Taking on Cultural Studies,” as an occasion for trying to promote an engagement between sociological studies and cultural studies. It argues that mass mediated images are as powerful and pervasive as other social forces with which sociological studies is already engaged and that the time has come to move from the study of law on the books and in action to law in the image. This argument is developed by analyzing the significance of the ubiquitous presence of tropes of fatherhood in popular cultural iconography about law. Drawing on psychoanalysis, gender theory, and film studies, this essay presents a close reading of a single film, The Sweet Hereafter. This film exemplifies the ways in which fatherhood becomes one of the key terms through which law is mythologized and through which fantasies and anxieties about law are expressed. Exploring the imagination of law in and through mass medicated images, like those contained in The Sweet Hereafter, is an important and engaging new frontier for sociolegal studies.
The Laws of Passion
Authors: Polletta Francesca
Published: June 2006

As a sociologist, I have always been envious of legal scholars' license to prescribe. They not only elucidate the ideas and interests behind the law, the ways it is applied, and the problems it confronts. Unencumbered by social scientists' reticence, they also tell us how to do better. The scholars represented in The Passions of Law argue in no uncertain terms that feminists should not appeal to disgust in attacking pornography, that levying more stringent penalties on “hate crimes” unjustly punishes opinions, that we should admit vengefulness as a motive for punishment, and that a wrongdoer's remorse should mitigate his penalty. Of course, the authors describe, analyze, and explain as well as recommend, and they do so in shrewd and enlightening ways. They also occasionally disagree strongly with each other's prescriptions. Those who argue that disgust is bad, shaming is good, and vengefulness is meritorious are countered by those who argue the opposite.
Multi‐Scale Analysis Method for Thermal Conductivity of Porous Material with Radiation
Authors: Liu Shutian , Zhang Yongcun
Published: June 2006

In this paper, a homogenization‐based multi‐scale method for predicting the effective thermal conductivity of porous materials with radiation is presented, which considers the effect of geometry and distribution of pores. Using homogenization method to solve the pure conductive problem of porous materials with periodic structure, the effective thermal conductivity without considering radiation is predicted, and a temperature field in a local domain of a unit cell is obtained. This temperature field is taken as the good approximation of the real temperature distribution, and the radiative thermal conductivity is obtained. The effect of the microstructure, the distribution and geometry of pores on heat transfer of porous materials is discussed. It is concluded that the dimension of the pores is an important influence factor on the thermal transfer property of porous materials if radiation is considered. Increasing the pore’s dimension enhances the contribution of radiation to the heat transfer property of porous materials. For porous materials with cylindrical and spherical pores, the radiative thermal conductivity is proportional to pore’s diameter.
A systematic review of factors affecting the judgments produced by formal consensus development methods in health care
Authors: Hutchings Andrew , Raine Rosalind
Published: June 2006

Objectives: Formal consensus development methods are ways of obtaining and synthesising views of experts, opinion leaders and other stakeholders, and are increasingly being used to develop clinical practice guidelines. Our objective was to examine the impact that the characteristics of individual participants, groups and the consensus process have on the judgments produced by formal consensus development methods in health care.

Methods: Studies were identified from an earlier methodological review and a search of five bibliographic databases for the period January 1996 to December 2004. Studies were eligible if they involved formal consensus development methods and reported differences in judgments between groups or participants. For studies comparing two or more groups overall percentage agreement, the kappa coefficient and the odds ratio for differences in judgments were calculated.

Results: There were 22 studies comparing the impact of the characteristics of individual participants within groups and 30 studies comparing the results produced by two or more groups. Practitioners who perform a procedure tend to emphasise the appropriateness of the procedure compared with non-performing practitioners, and individuals from groups that were subject to performance criteria are more critical of those criteria than individuals from other groups. There was no clear pattern for the differences in judgments produced by participants and groups from different countries.

Conclusions: Except for participant specialty there is little generalisable evidence for how the characteristics of participants and groups influence the judgments produced in formal consensus development methods. Multi-specialty groups are preferable to single-specialty groups because of their potential for taking account of a wider range of opinions.
Institutionalized paternalism? Stakeholders' views on public access to genetic testing
Authors: Carter Sarah , Taylor David , Bates Ian
Published: June 2006

Objectives: To explore the views of UK stakeholder group representatives about genetic tests for complex disease risks, and in particular the regulation of public access to genetic testing in order to assess the capacity of public consultations to represent the views of the public and representative groups accurately.

Methods: A purposive sample of 16 people was selected who had responded to a previous consultation by the Human Genetics Commission (a UK government body), or who were known to have relevant interests. Interviews were undertaken in June and July 2003, and recorded, transcribed and analysed thematically.

Results: Interviewees believed that genetic information is not inherently different from other health risk information, such as family histories or body mass indices. However, they tended to think that members of the public are unable to take a similarly informed view and that special regulation is therefore required. Individuals acting as representatives of organizations tended to express opinions more in favour of protective regulation and professionally controlled access to genetic testing for complex disease risks than those they held as individuals.

Conclusions: Stakeholder representatives' perceptions of public vulnerability may give rise to precautionary regulatory policies on genetic testing that limit public access to potentially valuable information. This could undermine other public health policies aimed at encouraging individuals to act independently to reduce risks to their health. 'Stakeholder consultations' may generate biased findings. Further rigorous research is needed to validate and explain the opinions and assumptions of individuals asked to contribute to such consultations.
Numerical Simulation of Large Angle-of-Attack Separated Flows over Airfoils of HAWT Rotors
Authors: Yan Chen , Zhiquan Ye , Deyuan Li , Fupeng He
Published: June 2006

The characteristics of an airfoil at stall conditions determine the performance of stall regulated HAWT rotors and constitute the base of the flutter estimation of blades. This paper presents a numerical simulation of large-angle-of-attack separated flows over airfoils for stall regulated HAWT rotors. The two dimensional Navier-Stokes equations in a body-fitted system is adopted, and the C-type grid system is generated, applying CAD surface structure technology and multi-block grid technology. The two-dimensional flow is modelled as turbulent and incompressible. Numerical solutions are obtained using the RANS scheme with a double equation model of RNG κ–ε. Numerical simulation of flow over FFA-W3- 211 airfoils is given, and the accuracy of the numerical results of lift and drag coefficients is compared with wind tunnel test data at angles of attack from −6° to 60°. The comparison between them shows good agreement.
Experimental Assessment of Reinforced Concrete Columns with Deficient Seismic Details under Cyclic Load
Authors: Marefat M. S. , Khanmohammadi M. , Bahrani M. K. , Goli A.
Published: June 2006

To assess seismic vulnerability of existing reinforced concrete buildings in Iran, cyclic and monotonic load tests on seven columns have been carried out. Four specimens represent existing buildings with deficient seismic details. Three others represent well proportioned constructions in accordance with provisions of intermediate ductility, ACI318–99, which is a common reference in Iran. Both types of columns are in similar positions in the reference building and are subject to similar seismic demand. Based on test results, hysteresis curves, backbone curves, and idealized curves are established. The deficient specimens show 35% reduction in both strength and initial stiffness and 37% loss of energy dissipation capacity in comparison to the well proportioned specimens. The length of plastic hinge of most tested columns is almost equal to full depth of the section. The maximum measured shear force is at least 20% greater than the shear force derived from expected nominal flexural strength.
Singing "Angelitos Negros": African Diaspora Meets Mestizaje in the Americas
Authors: Delgadillo Theresa
Published: June 2006

This essay examines interpretations of the ballad "Angelitos Negros" by Pedro Infante, Eartha Kitt and Roberta Flack as well as the Mexican film of the same title. Based on the Venezuelan poem "Píntame angelitos negros" by Andrés Eloy Blanco, "Angelitos Negros" protests racial discrimination and demands recognition of a multiracial population. In tracing the circulation of this ballad throughout the hemisphere, its performance by these varied artists, and the contexts for these performances this essay examines the significance of multidirectional cultural flows in the hemisphere; explores the Americas as historical, geographic, linguistic, and political site of cultural production; and sheds light on the role of literature, film, and music in mediating race on the American continent. This examination of the inter-American cultural and political movements of racially marked subjects in Venezuela, Mexico, and the United States identifies significant interplay between the national/local and the inter-American/global in discursive and structural constructions of race. Specifically focused on the discourses, material realities, and practices of mestizaje and diaspora in the Americas as these are enacted in each version of "Angelitos Negros," this essay finds that although we customarily regard mestizaje and diaspora in the Americas as discrete formations, and generally consider each in relation to dominant racial formation, comparative analysis of these in relation to each other locates borrowings, convergences, and unexplored points of contact (and tension) between diasporic and mestizo practices and concepts.
Heteroclisis and Paradigm Linkage
Authors: Stump Gregory T. (Gregory Thomas)
Published: June 2006

Heteroclisis is the property of a lexeme whose inflectional paradigm involves two or more distinct inflection classes. Although heteroclisis is widely observable, its implications for grammatical theory remain underexplored, perhaps because its canonical instances have the appearance of sporadic lexical exceptions. But heteroclisis cannot be assumed to lack any role in the definition of a language's morphology, since (i) it is sometimes highly systematic, involving whole classes of lexemes, and (ii) it obeys a universal constraint. These two facts show that heteroclisis is rulegoverned. On the assumption that inflectional morphology involves a linkage of content-paradigms with form-paradigms (Stump 2002), heteroclisis can be seen as a kind of mismatch regulated by rules of paradigm linkage. Such rules account for the range of empirical phenomena subsumed
Low Self-Control, Organizational Theory, and Corporate Crime
Authors: Simpson Sally S. , Leeper Piquero Nicole
Published: June 2006

The development of Gottfredson and Hirschi's general theory of crime (1990; see also Hirschi & Gottfredson 1987, 2000) has provoked lively debate about the merits of the theory as applied to organizational crime (Steffensmeier 1989; Reed & Yeager 1996; Herbert et al. 1998). While the debate is provocative, the empirical evidence brought to bear is an insufficient test of competing theoretical claims. Using data drawn from a factorial survey administered to a group of corporate managers and managers-in-training, we subject Gottfredson and Hirschi's theory of crime and an integrated organizational theory to a theoretical competition. The results show that corporate offending propensity and behavioral indicators of low self-control are unrelated, a result inconsistent with the general theory. Instead, variables consistent with an integrated materialistic and cultural organizational theory predict managers' offending intentions. For instance, offending is inhibited when a firm has a working compliance program and when managers perceive the illegal act as highly immoral. Conversely, managers are more apt to offend when ordered to do so by a supervisor, or to gain financial or market position vis-à-vis competitors. The implications for general and organizational theories of corporate offending are discussed.
The Influence of Presidential Versus Home State Senatorial Preferences on the Policy Output of Judges on the United States District Courts
Authors: Johnson Susan W. , Songer Donald R.
Published: June 2006

While many of the decisions of federal district court judges involve the routine application of settled legal rules, a significant minority of their decisions present the judges with the opportunity to engage in judicial policy making. A considerable body of literature suggests that when faced with policy-making opportunities, the policy preferences of the judges exert a significant impact on the nature of those decisions. The present study explores the question of whose preferences are manifested in the policy-relevant decisions of the district court judges. In particular, we seek to determine the relative impact of the preferences of the major elites involved in the selection of federal district judges: the appointing president, home state senators of the president's party, and home state elites outside the Senate who are consulted when a president makes an appointment from a state whose Senate delegation is in the hands of the opposition party.

The analysis is based on all published decisions of the district courts in civil liberties, economic and labor, and criminal procedure cases decided between 1961 and 1995. We find that contrary to the expectations derived from the existing literature on district judge appointments, the political preferences of the appointing presidents are most closely related to the policy relevant decisions of the judges.
“Real” Mothers for Abandoned Children
Authors: O'Donovan Katherine
Published: June 2006

Drawing on the laws and practices of three countries—England, France, and Germany—this article examines the constructions of narratives of abandoned children. Although the three countries share the values of the United Nations Convention on the Rights of the Child, having ratified it, their laws and practices with regard to the child's identity rights have little in common. Explaining the different approaches to abandonment, the article argues that these are justified by stories about the birth giver as the “real” mother, stories that vary according to place and culture. This leads to different conceptions of the child's identity and of motherhood, to exclusions and stigma. Focusing on the justifications offered in each country for its laws and practices, the article analyzes discourses of nature (England), juridical constructs (France), and pragmatic concerns for the child's life (Germany). The article concludes that, given the myriad of family forms and of life experiences, it is not surprising to find that countries governed by a shared international convention give very different accounts of the meanings of identity and motherhood.
Engaged Research, “Goose Bumps,” and the Role of the Public Intellectual
Authors: Calavita Kitty
Published: June 2006

As I was preparing my remarks for today, I thought about other LSA Presidential Addresses that had resonated with me, from Felice Levine's (1990) description of Lily Tomlin's “Trudy,” and the “goose bumps” that she (Felice) got from sociolegal studies, to Frank Munger's (2001) appeal to law and society scholars to do engaged research.

I realized that two themes I care passionately about were implicit in several of those previous talks, and that's why I had found them so compelling. They are the importance of asking the big questions (those that give us goose bumps), and the urgent need for a commitment to engaged research. I will argue today that there are in fact close links between these two themes. And, I will suggest that making these links explicit may help us address some of the dilemmas attached to the role of the engaged intellectual.
Programs in Law and Social Science
Authors: Laurence Ross H.
Published: June 2006

The Center for the Study of Law and Society at the University of California has received a Ford Foundation grant to support a program of studies of criminal law and social policy. The five-year grant was awarded to the Center and the Earl Warren Legal Center. Activity under the grant will focus on theoretical and empirical studies of “law and order.” Among the participants are Caleb Foote, who is studying the nature and uses of judicial discretion; Sanford Kadish and Mortimer Kadish, studying variations in the ways in which legal systems deal with departures from rules; Jerome Skolnick, on leave from the University of Chicago, studying with Richard Spiegelman the process of penal code revision; Paul Jacobs, working on the governance of police; and Rodney Stark, embarking on a series of field studies of crises in law and order.
Courtroom Encounters
Authors: Mileski Maureen
Published: June 2006

This is a study of the criminal trial court as a formal organization. The processing of defendants through court can be seen simply as a task for the courtroom personnel—the cases presenting not only occasions for moral outrage or legal acumen but also presenting problems for the legal bureaucracy as such. From one perspective, defendants are as deviant if they do not conform to the routines of the court as they are if they do not conform to the rules of the state. Like the wider society it supports, the court has a social integrity which can be disrupted. The court processes persons alleged to have been deviant in the larger society. The defendants are then subject to the moral exigencies of the court itself. The discussion treats the court as a business as well as a prime sanctioning center for the outer society. But the control of crime is more than a business; it is an industry. The immediate suppliers of the court—the police—act upon and in turn are conditioned by courtroom configurations. Several features of this police-court interrelation also form a part of this study.
Judicial Role in a Nonjudicial Setting
Authors: Beiser Edward N. , Goodman Jay S. , Cornwell Elmer E.
Published: June 2006

One welcome by-product of a major comparative study of recent state constitutional conventions has been a series of interviews with the judges who served as convention delegates. They are particularly interesting, not only because of the paucity of interviews with sitting judges, but because they permit us to directly compare the attitudes of judges with those of other political elites. To date, this has not been possible.
Reflections on the Study of Violence
Authors: Couzens Michael
Published: June 2006

We are in the midstof a quickening, if inchoate, dispute as to whether Americans are an inherently violent people. Whatever the merits of this metapsychological discussion, there is no disagreement that Americans have a propensity to interpret both officially and unofficially the violence we do have (Waskow, 1966; Silver, 1968). The final report of the “violence commission” stands in this tradition, and by its size and scope, taken together with its supporting studies, aspires to culminate it.
Relations Between the School District System and the Feudalistic Village Community in Nineteenth-Century Japan: A Study of the Effect of Law Upon Society
Authors: Chiba Masaji
Published: June 2006

It has been said that Japan's modernization was the most rapid and striking in Asia and that it was one of the best examples of this process in the world. Although there is considerable truth in this assertion, the modernization process was not completely successful. The defeat of Japan in World War II disclosed many aspects of social, economic, and political life that were not successfully modernized; examples are the patriarchal family system with its patrimonial inheritance patterns, the closed village community structure with a peculiar land-tenure system, the underdeveloped state of labor relations, the rule of the zaibatsu (financial combines based on family ties) in industry and commerce, and the insufficient protection of human rights under the absolutistic Tenno regime.
Crimes Without Criminals
Authors: Currie Elliott P.
Published: June 2006

The sociological study of deviant behavior has begun to focus less on the deviant and more on society's response to him. One of several implications of this perspective is that a major concern of the sociology of deviance should be the identification and analysis of different kinds of systems of social control. Particularly important is the analysis of the impact of different kinds of control systems on the way deviant behavior is perceived and expressed in societies.

By playing down the importance of intrinsic differences between deviants and conventional people, and between the social situation of deviants and that of nondeviants, the focus on social response implies much more than the commonplace idea that society defines the kinds of behavior that will be considered odd, disgusting, or criminal. It implies that many elements of the behavior system of a given kind of deviance, including such things as the rate of deviance and the kinds of people who are identified as a deviant, will be significantly affected by the kind of control system through which the behavior is defined and managed.
Title IX of the Foreign Assistance Act
Authors: Butler Brian E.
Published: June 2006

The effort to provide aid for development, undertaken on an unprecedented scale by the United States after World War II, provides an excellent opportunity for social scientists to contribute to the clarification and implementation of public policy. The relationship between given policies and the desired process of development has not been adequately understood. Nor has the nature of development been clearly identified or conceptualized.

In recent years, there has been an increasing awareness of these problems in Congress. This is particularly manifest in the hearings, debates, and reports which led to the passage of title IX of the Foreign Assistance Act of 1966, and the public statements of the Congressmen who were responsible for the passage of the title. Efforts at implementation of this section indicate the complexity of the problem and the need for a major contribution from the social sciences if the policy embodied in the act is to be effectuated.
Litigation Flow in Three United States Courts of Appeals
Authors: Howard J. Woodford
Published: June 2006

United States courts of appeals were created over four decades ago to help the Supreme Court enforce the supremacy' and uniformity of federal law. Until recently, however, their actual operations and functions in the American polity have received scant description and analysis (Carington, 1969: 542; Dolbeare, 1969: 373-404; Goldman and Jahnige, 1971; Richardson and Vines, 1970; Schick, 1970). This paper is a preliminary report of data gathered to assess the roles of the U.S. Courts of Appeals for the District of Columbia, Second, and Fifth Circuits in the federal legal system.' The report will: (1) describe the business of the three tribunals, (2) compare decisional patterns among them and the Supreme Court in the same cases, and (3) explore relationships among trial courts, intermediate courts, and the Supreme Court in the flow of federal litigation.
Have There Been Significant Changes in the Career Aspirations and Occupational Choices of Law School Graduates in the 1960's?
Authors: Simon Rita J. , Koziol Frank , Joslyn Nancy
Published: June 2006

When Ralph Nader addressed the 35th Annual Meeting of the State Bar of Michigan in September 1970, he said, “Anybody who talks to law students today sees a tremendous difference between their concepts, aspirations, and indignation levels and the law students of yesteryear.” Nader's views on this occasion have been shared by other members of the bench and bar as well as by social and political commentators whose opinions appear regularly in the mass media. They claim that one of the by-products of the social turmoil and the subsequent new politics that emerged at the end of the sixties was a shift by a large proportion of the recent law graduates into careers that involved protection of civil rights and civil liberties, defense of indigents, protection of consumers, and affiliation with inner city citizens' groups that seek basic changes in welfare policies, taxation, housing, and so forth. For a fuller discussion of this issue by members of the legal profession, see Yale Law Journal (1970), McGovagle (1970), and Riley (1970).
The Practice of Fidelity to Law
Authors: Gerstein Robert S.
Published: June 2006

What is it that sets legal systems apart from other kinds of systems of social control? Traditionally, legal philosophers have tried to answer the question in terms of some uniquely essential quality which distinguishes law from everything else. It now seems clear that the concept of law is best understood, not in terms of any single feature to be taken as the essence of law, but as a whole set of family resemblances between the various things we call legal systems (Hart, 1961: 1–17, 234). What I propose to do here is to deal with one particular facet of the concept which, I think, has not been given sufficient attention by the currently dominant positivist school of legal philosophy.
Adolescent Perspectives on Law and Government
Authors: Adelson Joseph , Beall Lynnette
Published: June 2006

The research we report here has had as its aim a study of the acquisition of political philosophy during the adolescent years. We have always known, in a rough and general way, that adolescence is marked by a rapid growth in the comprehension of political ideas. At the threshold of adolescence, at eleven or twelve, the youngster has only a dim, diffuse, and incomplete notion of the political order; by the time he has reached eighteen, he will be, more often than not, a fully formed political creature, possessing a stable and coherent understanding of political structures and functions, and in many cases, committing himself to a philosophy of government. How does this transition take place? In particular, how do learning and cognitive maturation interact to produce these sweeping changes? As a first approach to these questions, we undertook a developmental and cross-national study of adolescents. Youngsters of eleven, thirteen, fifteen, and eighteen were interviewed in three countries: the United States, England, and Germany. (German eleven-year-olds were not interviewed because of fund limitations. Hence, the cross-national analysis compares subjects thirteen through eighteen years of age.) By interviewing youngsters from pubescence to late adolescence we hoped to discern the maturation of political perspectives; by comparing youngsters in three countries with rather different political traditions we hoped to get some sense of the differential impact of social ideas.
Coercion and Compliance: A New Look at an Old Problem
Authors: Feeley Malcolm
Published: June 2006

Despite the general recognition of its importance, it has been noted that there is a paucity of theoretical treatment of the problems of compliance to law (Krislov, 1966). While there is a vast literature dealing with rule-specified behavior, a direct focus on the peculiarities of legal rules and compliance to them seems to have been skirted in favor of more general treatments of social norms, less-structured rule and compliance systems, and basic or constitutional rules. And when law and the problems of compliance have received specific attention, it has usually been in terms of a broad, societal level, relating legal norms to cultural norms or focusing on “trouble cases” and instances of noncompliance. Detailed empirical studies in sociology have tended to focus on deviant behavior and its correlates, while in political science the approach has tended towards even less-general descriptions and case studies of the impact and consequences of legislative and judicial policy-making.
Children and Compliance: A Comparative Analysis of Socialization Studies
Authors: Koeppen Sheilah R.
Published: June 2006

Popular compliance with prescribed patterns of behavior is the fundamental constraint on social disruption. Even the effectiveness of control by legal sanctions depends on the public's acceptance of their use by authorities. Inquiry into the sources of popular adherence to norms conducive to compliance with authorities has been an aspect of socialization research. This essay comments on political science research on socialization, and points out how it differs from the research reported by psychologist Joseph Adelson and his associates (1970) in this journal and in a previous study (1966). The socialization studies are compared in order to determine their utility for discerning the sources of compliant behavior.
Is Justice Blind: An Empirical Investigaton of a Normative Ideal
Authors: Spaeth Harold J. , Meltz David B. , Rathjen Gregory J. , Haselswerdt Michael V.
Published: June 2006

Of the many enduring myths which serve as the foundation for American democracy, none is as pervasive as that of judicial objectivity. While the assertion that justice is blind is probably met with understandable cynicism, most Americans still believe that their judges, especially those in the appellate courts, should approach their responsibilities with a certain myopia. The rules and customs that are the foundation of Anglo-American legal practices may be considered the basis upon which judicial objectivity rests.
Operationalizing the Concept of Probability in Legal-Social Science Research
Authors: Iversen Gudmund R.
Published: June 2006

Statistics has been called the science of uncertainty. Central to this science is the concept of probability. Operationalizing probability, however, has provided statisticians with many difficulties over the years, and to this day no complete agreement has been reached on this extremely important issue.
Ghetto Assessments of Police Protection and Authority
Authors: Hahn Harlan
Published: June 2006

In recent years, police conduct has rapidly emerged as a major social and political issue. Although both the nature and the outcome of this controversy have important consequences for law and society, its most immediate effects have been evident in changing public attitudes toward police activities. Policemen have become the targets of growing and frequently irreconcilable popular demands both for the maintenance of “law and order” and for the elimination of “police brutality.” Law enforcement agencies, therefore, have seemed to encounter a mounting crisis of public confidence in police practices.

Although the effects of mounting public concern about crime and police protection probably have been most evident among whites (President's Commission on Law Enforcement and Administration of Justice, 1967: 144–149; Ennis, 1967; Feagin, 1970), a desire for increased police protection has also emerged among black Americans. In fact, black attitudes toward police practices have appeared to reflect a perplexing enigma. While many black citizens have complained about harsh or brutal police behavior, they also have expressed intense criticism of a lack of police protection.
Research Models in Law Enforcement and Criminal Justice
Authors: Gardiner John A.
Published: June 2006

A generation ago, one professor at Harvard Law School used to greet his students at the beginning of the semester with an offer to debate them on any subject so long as he was allowed to “state the question.” Any review of the crime, law enforcement, and criminal justice literature produced during the last ten years indicates that there is still as much disagreement over how the “relevant” questions should be stated as there is over the answers to these questions. Despite a strong public demand to “stop crime,” there is little consensus within the research community as to the questions (if any) which, if answered, would assist in the prevention of crime or the improvement of police, court, and correctional processes. Much of the literature “states the question” in terms of the narrowly defined “efficiency” of law enforcement and criminal justice agencies; a second group asks questions concerning the functions assigned to the criminal justice system; and a third set of critics are concerned with the implications of decisions made by the police, judges, and correctional officials for a democratic system of government. While I cannot attempt to review the literature which has been generated under these three models, I will describe each briefly and suggest some of the problems that have risen in research on law enforcement and criminal justice.