bluuebunny/crossref_metadata_2025 huggingface dataset:
Juvenile Detention: Right and Adequacy of Treatment Issues
Authors: Malmquist Carl P.
Published: June 2006

Among the multiple issues raised dealing with the future of the juvenile process, legal issues appear to predominate. These issues have taken on new momentum since the Gault case, but have become of increasing concern for at least the last decade (In re Gault, 1967). Such issues as a timely notice for a hearing, content of such notices, the vagueness and in-definiteness of statutes pertaining to pleadings, right to counsel, right to confrontation of witnesses, and the privilege against self-incrimination have been guaranteed to juveniles under due process. In connection with the question of this paper, it should be noted that Gault applied only to proceedings in which the determination of delinquency could result in a commitment to an institution in which the freedom of the juvenile would thus be curtailed. Additional legal issues can be raised as well, focused on the various stages of apprehension, intake, adjudication, and sentencing. Such matters in the juvenile process as discovery, right to a speedy trial, public proceedings, jury trial, and change of venue, are some related due process issues which still remain basically unsettled in different jurisdictions.
The Supreme Court's Impact
Authors: Wasby Stephen L.
Published: June 2006

The impact of what judges decide is a crucial part of what is studied by those sharing a political rather than only a legal perspective on the United States Supreme Court. It has become important as we have shifted our attention from “output, which is the decision of the Court including its orders and statement of policy” to consideration of “outcome, which is the final results or impact of output” (Barth, 1968: 315, note). This development is much more recent than the beginnings of the political perspective on the courts. Explicit attention to impact, backed by studies of impacts of particular decisions, is less than twenty years old, dating from the aftermath of Brown v. Board of Education (1954), which made political scientists aware that compliance with decisions of the Supreme Court was neither automatic, immediate, nor uniform. As Krislov (1963: 7) has remarked, from the standpoint of Court process, the decision in Brown v. Board of Education has had its greatest effect in educating “students as to the limits and operations of the court system generally.”
Group Violence
Authors: Oberschall Anthony
Published: June 2006

Since group violence is but one of several means of conducting conflict, explanation for its occurrence must be embedded in a comprehensive theory of conflict. Yet violent conflict is so topical and important that an effort to reflect on it sociologically is well worth undertaking at this time even in the absence of a comprehensive theory of social conflict. Indeed, Max Weber (1947: 133) has written that “the treatment of conflict involving the use of physical violence as a separate type is justified by the special characteristics of the employment of this means and the corresponding peculiarities of the sociological consequences of its use.” In this essay, I shall avoid definitional and typological exercises, and concentrate rather on specific, testable hypotheses and empirical uniformities of group violence that have been put forward and commented upon at various times. I shall also present some data and findings bearing on the hypotheses that, while not “testing” them in rigorous fashion, will do more than simply provide plausible illustrations that can always be found whenever a large body of historical and contemporary cases is carefully searched. The final aim of the paper is to link up these hypotheses and uniformities in more systematic fashion than is presently available although the paper does not spell out a systematic theory of group violence. At this stage of theory when a plausible case can be made for a large number of hypotheses, it is important to spell out the specific conditions under which specific hypotheses are thought to be applicable.
Law in the Kibbutz: A Response to Professor Shapiro
Authors: Schwartz Richard D.
Published: June 2006

Professor Allan Shapiro's article, “Law in the Kibbutz: A Reappraisal” raises several questions about my 1954 article, “Social Factors in the Development of Legal Control: A Case Study of Two Israeli Settlements.” I shall formulate the major questions, as I understand them, and suggest the answers as well as I can.
Empirical Analyses of Civil Commitment: Critique and Context
Authors: Monahan John
Published: June 2006

Civil commitment recently has come to replace the insanity defense as the most controversial issue in mental health law. While the resident population of state mental hospitals has plummeted in the past decade, cries that commitment be abolished altogether are heard with no decrease in fervor. Many others feel that the pendulum has swung too far, that patients' rights and community care have been seized upon by fiscally conservative legislatures to cease providing any care at all to mentally disordered persons.
Heroin Decriminalization and the Ideology of Tolerance: A Critical View
Authors: Bayer Ronald
Published: June 2006

Proposals for the decriminalization of heroin are examined and then analyzed in terms of the ideology of tolerance which informs anti-psychiatry, labeling sociology, and the concept of the victimless crime. Marcuse's discussion of repressive tolerance is brought to bear on this issue in order to suggest that tolerance for deviance may have consequences not immediately expected by those who advance reformist proposals regarding narcotics policy.
Pleading Guilty in Lower Courts
Authors: Feeley Malcolm M.
Published: June 2006

The simple logic of plea bargaining is so compelling that it is now often taken for granted, with the result that its value as an explanation is diminished. Differences among a host of distinct practices may be obscured or ignored when they are lumped together under this single term. This comment examines the practice of pleading guilty to petty offenses in lower courts and questions some of the long-standing assumptions about the dynamics of that process. It shows that though plea bargaining of the classical type rarely occurs, the term itself and certain aspects of bargaining continue to serve important symbolic functions.
Does Apprehension for Shoplifting Amplify or Terminate Shoplifting Activity?
Authors: Klemke Lloyd W.
Published: June 2006

This study investigates the effects of being apprehended for shoplifting. The deviance amplification hypothesis derived from labeling theory and the converse deviance termination hypothesis derived from deterrence theory were formulated to structure the analysis. Self-report data on shoplifting were collected from high school students in four communities. Youth who had been apprehended for shoplifting reported more subsequent shoplifting than unapprehended youth. Youth who were exposed to police contact during apprehension reported more subsequent shoplifting than those who were handled by store personnel alone. In addition, apprehended youth reported a stronger deviant self-concept and less fear of store antishoplifting devices. These patterns were not strong but they were consistently in the direction predicted by labeling theory. Although other explanations may also be useful, it appears that labeling theory explains these findings, at least in part.
Changing the Public Drunkenness Laws: The Impact of Decriminalization
Authors: Aaronson David E. , Dienes C. Thomas , Musheno Michael C.
Published: June 2006

Laws that decriminalize public drunkenness continue to use the police as the major intake agent for public inebriates under the “new” public health model of detoxification and treatment. Assuming that decriminalization introduces many disincentives to police intervention using legally sanctioned procedures, we hypothesize that it will be followed by a statistically significant decline in the number of public inebriates formally handled by the police in the manner designated by the “law in the books.” Using an “interrupted time-series quasi-experiment” based on a “stratified multiple-group single-I design,” we confirm this hypothesis for Washington, D.C., and Minneapolis, Minnesota. However, through intensive “microanalysis” of these two jurisdictions, we show that Minneapolis, in responding to strong business pressure, developed several alternative means of keeping the streets clear of transient public inebriates while Washington, D.C., treated decriminalization as an opportunity to shift police priorities and relied on informal “safe zones” to handle the inebriate population.
The Legal Order and Industrial Workers in a Communist Enterprise: The Polish Case
Authors: Ozdowski Seweryn A. , Alexander Sue C.
Published: June 2006

This is a sociolegal study based on empirical data collected during a two-and-a-half year investigation carried out in ten major Polish industrial establishments. The authors contrast the legal model of industrial social organization with operational reality and emphasize the strong divergence between them. It is suggested that the divergence is due to the fact that the legal structures constructed by bureaucrats in the name of the working class after World War II have not responded to the changes that have occurred within the working class nor to the current structure of power. Because of this divergence, changes in the legal model seem necessary if further escalation of industrial unrest in Poland is to be prevented.
Court Curbing, Court Reversals, and Judicial Review: The Supreme Court Versus Congress
Authors: Handberg Roger , Hill Harold F.
Published: June 2006

Congress and the Supreme Court have had many intense conflicts over the years. This paper examines that relationship in an effort to determine whether the Court's role is essentially that of legitimator or disturber of the political universe. Drawing upon the analysis of Dahl as critiqued by Funston, Adamany, and Casper, the relationship is tested using a much broader data base than was used by the previous studies. Based upon this analysis, the Court is characterized as a legitimator but also as a significant wielder of power (contrary to Dahl's earlier assertions).
Mandatory Sentencing and Firearms Violence: Evaluating an Alternative to Gun Control
Authors: Loftin Colin , Heumann Milton , McDowall David
Published: June 2006

Michigan's Felony Firearm Statute (Gun Law) imposed a two-year mandatory add-on sentence for defendants convicted of possession of a firearm in the commission of a felony. The Law was widely advertised with proponents claiming that it would introduce greater equity in sentences, ensure certainty of punishment, and decrease violent crime in the state. We examine the processing of these Gun Law cases in Detroit Recorders Court, as well as the effects of the law on crime, and find that most of the goals of the Law's proponents are not met. Notwithstanding a rigid prosecutorial policy which prohibited plea bargaining in these gun cases, alternative mechanisms developed to mitigate the Law's effects and, in most instances, to preserve the “going rate” for various crime categories. Similarly, using an interrupted time-series model, we are unable to uncover effects of the law, or the associated publicity campaign, on violent crime.
Amicus Curiae Participation in U.S. Supreme Court Litigation: An Appraisal of Hakman's “Folklore”
Authors: O'Connor Karen , Epstein Lee
Published: June 2006

In 1969 Nathan Hakman published a report of his investigation of the role of interest groups in Supreme Court litigation. He found that interest groups filed amicus curiae briefs in only 18.6 percent of the 1,175 “noncommercial” cases decided by the Supreme Court between 1928 and 1966. Participation as amicus curiae illustrates only one aspect of litigation activity, and at that one of the most limited, but Hakman took this as a reliable indicator that interest group activity in the courts was less frequent than was commonly supposed. Based on these findings, Hakman attacked the view that amicus participation was a form of political action. Such a view, he argued, was mere “scholarly folklore” (Hakman, 1969: 199).
The Relevance of “Irrelevant” Testimony: Why Lawyers Use Social Science Experts in School Desegregation Cases
Authors: Sanders Joseph , Rankin-Widgeon Betty , Kalmuss Debra , Chesler Mark
Published: June 2006

Why do attorneys utilize social science experts in school desegregation cases? Although experts often testify for both parties in these cases, plaintiff lawyers are more likely than defense lawyers to call upon them. Plaintiff lawyers appear to have easier access to a network of scholars willing to testify. Moreover, plaintiff lawyers have a set of social theories and legal strategies that often requires the use of social science expertise. Although the testimony offered by social scientists is often not directly relevant to the legal issues in a trial, it is part of the attorney's attempt to educate or persuade the judge to a particular view of race relations and education.
What Do Dutch Lawyers Actually Do in Divorce Cases?
Authors: Griffiths John
Published: June 2006

This paper summarizes the findings of a four-pronged research project concerning the behavior of Dutch divorce lawyers, in which lawyers, judges, and clients were interviewed and lawyer-client interaction directly observed. In the first part, some preliminary remarks are made on the practical and theoretical importance of the actual behavior of divorce lawyers and the existing body of research on lawyer behavior. These are followed by a thumbnail sketch of Dutch divorce law and procedure and the role of the lawyer. The second part gives an overview of our own research findings. In the third part, I present some reflections on the role of lawyers in divorce cases: (1) the character and special place of ‘normative, conflict-oriented intervention’ in divorce conflict; (2) lawyers' objective of a ‘reasonable divorce’ and the nonadversarial approach of lawyers to divorce litigation; (3) lawyers as two-way ‘transformation agents’ between the client and the law; and (4) what lawyers actually do and do not do.
The Dimensions of Rape Reform Legislation
Authors: Berger Ronald J. , Searles Patricia , Neuman W. Lawrence
Published: June 2006

Largely as a result of the feminist movement, most states have passed some form of rape reform legislation. Most rape law research has attempted to ascertain whether the reformed laws have achieved specific instrumental goals. In contrast, this paper emphasizes rape law reform as a symbolic indicator of women's contemporary social status. We believe there is a need for a greater appreciation of the diversity of rape law reform across the country and of the coexistence of traditional and feminist elements in contemporary law. Through a comprehensive empirical assessment of state rape statutes, we identify the different dimensions of rape legislation and provide insight into the degree to which feminist conceptualizations of rape have achieved social legitimacy.
Deterrence and Subjective Probabilities of Arrest: Modeling Individual Decisions to Drink and Drive in Sweden
Authors: Shapiro Perry , Votey Harold L.
Published: June 2006

Illegal behavior responding to subjective probabilities of arrest and consequent costs is modeled within a framework of individual choice under uncertainty. The model is formulated for the case of driving while intoxicated and tested with data that include all arrests for drunken driving in Sweden from 1976-1979. Results indicate that an arrest experience reduces the probability that a person will drive while drunk. The results suggest that an arrest increases a person's perceived probability of arrest and/or the unpleasantness of an arrest and thus leads to a reduced chance of acting illegally.
The Negotiation of Involuntary Civil Commitment
Authors: Lewis Dan A. , Goetz Edward , Schoenfield Mark , Gordon Andrew C. , Griffin Eugene
Published: June 2006

Involuntary commitment to mental hospitals has been a topic of scholarly interest for the last twenty years. That interest has resulted in dozens of studies which have informed the legal reform of many state commitment statutes. In this paper we analyze the organizational context in which the decision to commit takes place. Relying on observations of the commitment process in an urban setting, we discuss the negotiating among the actors involved in the decision to commit. Our data suggest that formal disposition to involuntarily commit accounts for only a small percentage of those held at the hospital against their will. Court procedures and professional persuasion are used to coerce citizens into “voluntary” stays at the hospital in order to avoid court proceedings. We conclude with some thoughts about the meaning of commitment rates in light of these findings.
A Political Analysis of the Philippines' Katarungang Pambarangay System of Informal Justice through Mediation
Authors: Silliman G. Sidney
Published: June 2006

This article analyzes the Philippine system of compulsory conciliation both in terms of its significance in the context of the political system as a whole and in terms of its operation at the village level. I argue that the mediation structures established by national law are part of a pattern in which the Philippine state is incorporating within it the various sectors of civil society, but that the cooptation of the customary method of dispute processing is not meeting resistance from the rural Filipino. This analysis supports the more general argument that systems of informal justice operate to enhance centralized political authority, yet it reveals the dialectical nature of such arrangements for dispute processing.
Lawyers' Choice: A Theoretical Appraisal of Litigation Investment Decisions
Authors: Johnson Earl
Published: June 2006

This article explores economic determinants of lawyer behavior which in turn shape basic decisions affecting their clients in such areas as whether to file litigation, how much discovery to employ, whether to accept a settlement offer, and the like. Three methods of compensating lawyers are identified: fee-for-service, contingent-fee, and third-party payment. It is hypothesized that each of these methods creates very different configurations of economic incentives, some of which conflict with the best interests of clients. The possibilities for maximizing various of these economic goals are discussed along with the limits— economic and noneconomic—on such behavior. Finally, the article suggests some potential applications of this analysis for public policy and further research.
Choice of Forum in Diversity Cases: Analysis of a Survey and Implications for Reform
Authors: Bumiller Kristin
Published: June 2006

This article analyzes a survey of attorneys' motivations in choosing federal or state courts in diversity cases in four judicial districts. The study examines the importance of lawyers' perceptions of (1) local bias based upon residency, (2) the comparative efficiency and quality of state and federal courts, and (3) familiarity with and partiality for state or federal court procedures. It is shown that the rural versus urban setting of the court influences the perception of local bias and quality of the courts. Relative efficiency and differences in procedure between state and federal courts are also important factors affecting forum choice. The survey offers some insight into the potential impact of proposed reforms of the federal diversity of citizenship jurisdiction. The variation in motivations for forum choice among the districts provides little support for nationwide abolition of diversity jurisdiction.
Fee Arrangements and Negotiation
Authors: Kritzer Herbert M.
Published: June 2006

This research note examines the relationship between fee arrangements and negotiation in civil litigation. Data collected by the Civil Litigation Research Project suggests a strong tendency for lawyers working on a contingent fee basis to focus their negotiation on monetary goals. While this finding should not be surprising, it has significant implications for recent discussions of negotiation and settlement.
Improving the Ability of Jurors to Comprehend and Apply Criminal Jury Instructions
Authors: Severance Laurence J. , Loftus Elizabeth F.
Published: June 2006

The complexity and linguistic construction of jury instructions can inhibit jurors' ability to comprehend and apply the law. Study 1 analyzes questions asked by actual deliberating jurors in order to identify sources of juror misunderstanding in criminal pattern jury instructions. Instructions concerning “reasonable doubt,” criminal “intent,” the use of evidence concerning prior convictions, and the general duties of jurors, are selected for further investigation. Study 2 uses videotaped trial materials to pinpoint linguistic problems that confuse jurors and interfere with their abilities to accurately comprehend and apply the selected pattern jury instructions. Available knowledge concerning psycholinguistics is then applied to rewrite the troublesome instructions; in addition, legal expertise is consulted to help assure that the rewritten instructions are legally valid. Study 3 demonstrates that the rewritten instructions improve jurors' understanding relative to Pattern or No instructions. Overall, the research indicates the availability to the criminal justice system of improved methods for instructing jurors accurately and effectively in the law.
Dispute Processing by the Philippine Agrarian Court
Authors: Silliman G. Sidney
Published: June 2006

Formal conflict resolution is not the principal function of the Philippine Court of Agrarian Relations. Rather, litigants mobilize the court's resources to increase their power over opponents and to maximize gains. A combination of the rights stipulated for the litigants, the aims of the principal and adjunct actors, and the relative power and wealth of the disputants and their allies determines who gets what and how in this struggle. Because the agrarian court exists in a social context where law as norm and the general distribution of power operate to the advantage of the “have” sector, it is limited in its capacity to effectuate social change.
The Making of Criminal Law Norms in Welfare States: Economic Crime in West Germany
Authors: Savelsberg Joachim J.
Published: June 2006

Using the cognitive mapping approach, I investigate the genesis of criminal law norms against economic crime in West Germany. Four theoretical approaches can be derived from the interaction of two dimensions: differentiation versus Marxist theory, and functionalist versus conflict-group theory. Focusing on interests, anticipated functions, and conflict lines, I analyze the argumentation structures in the judicial committee of the Bundestag concerning the criminalization of price fixing in cases of public tender. The results show that the rationalities of politicians are oriented to dominance groups and power, not policy; communicative relatedness between representatives of different political parties is low; and cognitive maps are restricted and do not indicate policy rationality but legitimatory purposes.
A Tangled Tale: Studying State Supreme Courts
Authors: Daniels Stephen
Published: June 2006

No part of the history of U.S. courts presents such a tangle of detail as does the handling of appeals. Nor does the tangled story unwind toward a happy solution.

James Willard Hurst, The Growth of the Law: The Law Makers (1950:101)

Writing in 1950, Hurst (1950: 183) noted that there was far more opinion on the function of courts than actual knowledge of their work. Thirty years later his assessment was only slightly more encouraging, but he noted at least some positive developments. Among them was “a substantial increase in ordered collection and assessment of facts about the flow of court business” (1980–81: 407), some of which tried to cover broad areas of the country and reached back into the nineteenth century. Much of this came from a number of longitudinal studies of court business the findings of which began appearing in publications in the mid-1970s. These were ambitious, pioneering, and often theoretically challenging studies that have spawned a thriving subfield in both the United States and Europe. One of these works is a sixteen-state study of supreme courts covering the years 1870 to 1970, conducted by Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, and Stanton Wheeler. My purpose here is to provide an overview of the seven articles reporting on this study that appeared between 1975 and 1987, and to provide a critical review of the four central articles in the series.
Toward an Environmental View of Inner-City Crime
Authors: Schneider John C.
Published: June 2006

Modern studies of the spatial patterns of crime have drawn much of their inspiration from the empirical tradition established by Shaw and McKay (1942). Theoretical principally in their kinship with the economic/ecological focus of the “Chicago School” of sociology, the Shaw-McKay studies carefully plotted crime locations and residences of criminals in relation to a model of urban functional land use. Their findings, and those of other investigators writing in the same tradition, show strong and lasting correlations among crime locations, offenders' residences, inner-city areas, nonwhite populations, and urban poverty. With its emphasis on simply locating criminals and their activity in urban space, this approach encourages a pathological view of the problem. Crime is observable wrong behavior and its spatial patterning an indictment of the inner city.
Contextualizing the Court: Comments on the Cultural Study of Litigation
Authors: Yngvesson Barbara
Published: June 2006

This comment argues that to understand the role of trial courts in maintaining a particular order of differences in society, attention must be directed beyond official legal arenas and official rules to the actions of ordinary citizens and of “marginal” legal officials who make law and shape the court through practices that are excluded from official accounts. This move provides an account of the meaning of courts, of cases, and of law that is relational, and that attends to the agency of everyday people in producing and resisting forms of domination.
Law and Social Relations: Vocabularies of Motive in Lawyer/Client Interaction
Authors: Sarat Austin , Felstiner William L. F.
Published: June 2006

Drawing on C. Wright Mills' analysis of vocabularies of motive, this paper examines the ways lawyers and clients interpret and give meaning to the social behavior involved in the legal process of divorce. Based on observation of 115 law office conferences, the paper describes discussions between lawyers and clients concerning marriage failure, problems in the legal process, and planning strategy. It shows how lawyers and clients bring different agendas and views of the social world to these conversations. Those differences are considered part of the context for understanding the way professional authority is exercised and resisted. Clients reconstruct the past and explain their own behavior as well as the actions of their spouses. Lawyers avoid being drawn into that reconstruction. Their interpretive work explains the way the divorce process works and how it shapes the actions of divorcing spouses. The paper analyzes the predicaments created by these interpretations of reality and the consequences that flow from them.
Tax Compliance and Perceptions of the Risks of Detection and Criminal Prosecution
Authors: Klepper Steven , Nagin Daniel
Published: June 2006

In this paper we use a survey concerning a hypothetical taxpayer to analyze how certain features of the enforcement of the tax laws shape perceptions of the risks of detection and penalties for tax noncompliance. We also examine the effects of these perceptions on intended noncompliance behavior. Our findings provide strong support for various hypotheses concerning the effect of the enforcement process on perceptions. We also find, in contrast to prior results, that the perceived risk of criminal prosecution appears to act as a powerful deterrent to noncompliance. We explain why earlier studies might have failed to detect a deterrent role for the severity of punishment.
Blindfolding the Jury to Verdict Consequences: Damages, Experts, and the Civil Jury
Authors: Diamond Shari Seidman , Casper Jonathan D.
Published: June 2006

This research examines the behavior of jurors as active information processors. Our experimental examination of the performance of the civil jury in response to a complex price-fixing case varies the information provided to jurors about the consequences of their damage award decisions (i.e., the treble damage rule) and the type of expert testimony (statistical models vs. concrete yardstick models). We find, consistent with a picture of the jury as active rather than passive, that jurors are more likely to follow judicial instructions when they are given explanations rather than bald admonitions. In addition, complex expert testimony neither overpowers the jurors nor is dismissed by them. The expert presenting a statistical model is viewed as having higher expertise but lower clarity; as a result the statistical expert and the expert presenting a more concrete model are not significantly different in their persuasiveness. Finally, in contrast to most research on the criminal jury, we find that deliberations do affect jury awards.
On the Liberating Virtues of Irrelevance
Authors: Zimring Franklin E.
Published: June 2006

The analyses of the death penalty reported in these pages, while diverse in both subject and method, are part of a distinctive post–McCleskey v. Kemp (1987) generation of studies in which the social science literature on capital punishment has begun to stand separate from ever present constitutional litigation on death penalty issues. This independence of scholarship from litigation has come as a consequence of rejection: A majority on the U.S. Supreme Court has forcefully rebuffed the attempts of social scientists to influence the constitutional law of capital punishment.
Capital Trials and Representations of Violence
Authors: Emerson Robert M.
Published: June 2006

Sociolegal research focused on equal protection and the death penalty faces an impasse as the result of recent Supreme Court decisions limiting the admissability of social science research in general and of aggregate data on bias in the application of capital punishment in particular. This impasse, however, provides an opportunity to renew investigation and analysis of the deeper meaning and implications of the death penalty in contemporary societies, not in abandonment of but as a complement to equal protection–oriented research.
Resistance, Reconstruction, and Romance in Legal Scholarship
Authors: McCann Michael W.
Published: June 2006

It has become obligatory for leaders of professional associations to exhort colleagues to practice their craft in a socially responsible manner. But Joel Handler has issued a more controversial challenge in his 1992 presidential address to the Law and Society Association. He marries the idea of responsible legal scholarship to a recovery of faith in structuralist political analysis and transformative political vision.

Many in the association no doubt will find this proposed marriage undesirable for a variety of intellectual and political reasons" By contrast, I join those many who have found Handler's bold jeremiad provocative and important. Moreover, I share some of his particular concerns about the limitations of much contemporary legal study and political movement activity. At the same time, however, my research on legal mobilization by social movements has led me to draw differently the conceptual lines of both connection and division among the various trends that he identifies. The following comments aim to outline briefly some alternative, although often complementary, readings of these trends and their implications for scholarship. The discussion evolves from my most critical to my most supportive points.
Postmodern Melancholia
Authors: Ewick Patricia
Published: June 2006

In his presidential address to the Law and Society Association, Joel Handler describes recent changes in the character of social protest and the scholarship that seeks to understand these resistant practices. In his description, Handler depicts a world in which all that was once collective and effectual is now fragmented and futile. Not that long ago, he suggests, we had real (ideological/class-based) social movements and vital communities that were documented by scholars in optimistic stories of resistance and protest. But time passed and we became postmodernized: destabilized and uncertain, ironic and listless. Where once we challenged oppression and power en masse to the flourish of trumpets, now we are just so many flatulent individuals.
The Dynamics of Informal Procedure: The Case of a Public Housing Eviction Board
Authors: Lempert Richard
Published: June 2006

This paper examines a public housing eviction board and asks how the decision to prosecute cases informally affected both board action and the implications of that action. It argues that board decisions were patterned and that apparently similar procedures produced different outcomes at different points in time. Informality is seen as compatible with rule-oriented decisionmaking and as a factor that affects the ways that rules and outcomes may be changed and manipulated. Informal justice is not defined, but certain features, such as the quality of discourse in a tribunal, are posited as keys to judgments of informality. It is argued that these keys determine whether a tribunal is perceived as formal or informal but that the actual quality of tribunal need not fit this neat dichotomy, for it is a complex function of whether prosecutors, defendants, and judges take informal or legalistic stances toward the procedural and substantive issues that arise in a case.
Defendants and one-Shotters Win After All: Compliance with Court Decisions in Civil Cases
Authors: Van Koppen Peter J. , Malsch Marijke
Published: June 2006

Repeat players and plaintiffs seem to have an advantage in the negotiation phase and in the trial phase of civil disputes. We suggest that their advantage may turn to a disadvantage after the court's judgment, when the award has to be collected. We contacted attorneys for all cases in three trial courts in The Netherlands in which the plaintiff's claim had been granted in whole or in part in a final decision three years earlier (N=970). We asked them to what extent the defendant complied with the judgment. The results show that plaintiffs have difficulty in collecting their awards. On average, only a little more than half the award is collected after three years. Repeat players continue to prevail if they are plaintiffs, but are worse off than one-shotters if they are defendants.
Mobilizing Law in Response to Collective Problems: A Test of Black's Theory of Law
Authors: Doyle Daniel P. , Luckenbill David F.
Published: June 2006

Donald Black's theory of law states that the quantity of law can be explained in terms of stratification, morphology, culture, organization, and social control. Empirical tests of this theory have produced disparate findings. For the most part, previous tests have focused on criminal law and on the use of law to deal with personal problems. In the present study, survey data are used to test the effect of stratification, morphology, culture, organization, and social control on the willingness of people to mobilize law in response to various neighborhood problems. The only strong and consistent finding is that other social control is positively associated with mobilization of law while Black's theory predicts a negative association. We suggest a distinction between societal and personal social control to explain the pattern of results.
Legal Data Banks, the Glut of Lawyers, and the German Legal Profession
Authors: Hartmann Michael
Published: June 2006

Recent developments in higher education and in microelectronics have converged to alter the work and status of the legal profession. In this study of the subject of these far-reaching trends on lawyers in the German insurance industry, the professional jurisdiction of lawyers is found to have been greatly weakened. The need for the professional expertise of lawyers is greatly reduced because qualified nonlawyer business clerks have access through the legal data banks to legal knowledge once only available to them after many years of experience. Ironically, however, the excess supply of lawyers has led insurance companies to hire them to do work below their qualification level that can be done by qualified nonlawyer clerks; thus these over-credentialed lawyers find it almost impossible to establish or maintain any professional legal jurisdiction.
Which “Haves” Come Out Ahead and Why? Cultural Capital and Legal Mobilization in Frontline Law Enforcement
Authors: Kinsey Karyl A. , Stalans Loretta J.
Published: June 2006

Sociolegal theories of why “haves” might come out ahead in the legal system have emphasized legal mobilization and the use of legal representation. Small group research points to the influence of cultural capital on social expectations and interpersonal processes of social influence and deference as another potential explanation for status advantage. This study tests these explanations in the context of state income tax audits. The results indicate that taxpayers owning larger businesses are more likely to mobilize legally, but that legal mobilization does not affect audit outcomes. Instead, taxpayers with high occupational prestige and the owners of family businesses are more likely to come out ahead in tax audits, pointing to a cultural capital explanation of why the “haves” come out ahead. Prestige effects, however, are concentrated among taxpayers who represent themselves; when tax practitioners are involved in audits, status advantages disappear. Further analyses indicate that tax practitioners level the playing field by disrupting social influence and deference processes.
Do the “Haves” Still Come Out Ahead? Resource Inequalities in Ideological Courts: The Case of the Israeli High Court of Justice
Authors: Dotan Yoav
Published: June 2006

This research note examines the relations between judicial preferences, institutional concerns, and litigation outcomes. I found that in litigation before the Israeli High Court of Justice, the “haves” enjoyed only a limited advantage over “have nots” in litigation outcomes. I also found that when “have nots” were represented by legal counsel, the “haves” did not come out ahead. Ideological propensities of judges and considerations of institutional autonomy can ameliorate, to some extent, the inherent inferiority of “have nots” in litigation. It was also found that the mechanisms that worked in favor of “have nots” operated not only in litigation that reached final judicial disposition but also when the litigation was disposed through out-of-court settlements.
Myometrial cells induce angiogenesis and salvage damaged myocardium
Authors: Huang Ming-Li , Tian Hai , Wu Jun , Matsubayashi Keiji , Weisel Richard D. , Li Ren-Ke
Published: June 2006

Characteristically, uterine myometrial cells (MCs) are proliferative, inducing angiogenesis within the female reproductive organ. We evaluated whether MCs implanted into myocardium could also induce angiogenesis and restore heart function after injury. MCs were isolated from the adult rat uterus and cultured for three studies: 1) Intracellular VEGF levels were measured in MCs cultured with progesterone (10−11, 10−9, and 10−7M) ( n = 6 tests per group). 2) Blood vessel density was evaluated 8 days after MCs (3 × 106or 6 × 106), smooth muscle cells (SMCs), or endothelial cells ( n = 6 rats per group) were injected with matrigel into the subcutaneous tissue of adult rats. 3) MCs, SMCs (5 × 106/rat), or media were injected into a transmural scar 3 wk after cryoinjury in rat hearts ( n = 12 rats per group), and heart function, blood vessel density, and myocardial scar size and thickness were evaluated 5 wk later. In study 1, cultured MCs expressed VEGF, with levels significantly ( P < 0.05) upregulated by progesterone at an optimal dose of 10−11M. In study 2, MCs injected into the subcutaneous tissue with matrigel induced significantly more blood vessels, especially large-diameter vessels, than did SMCs or endothelial cells ( P < 0.01 for all groups). This angiogenic effect was greatest ( P < 0.01) at higher doses of MCs and was enhanced by progesterone (10−11M). In study 3, MCs implanted into the injured myocardium increased blood vessel density at the implant area, reduced scar size, and improved cardiac function relative to SMCs and media. Overall, MCs induced angiogenesis in vitro and in vivo, prevented cardiac remodeling, and improved heart functional recovery after cardiac injury.
The Canadian Civil Service
Authors: Dawson R. MacGregor
Published: June 2006

The Dominion civil service has had a more troubled history than any other part of our government, and it bears on its body the marks of many campaigns. It has been constantly under attack from all quarters; it has been the subject of almost innumerable investigations by Royal Commissions and Select Committees; and it has been exposed to three complete reorganizations since 1867, each of which has involved fundamental changes of a sweeping character. Nor can one say with any assurance that the general principles and organization of the service are as yet permanently fixed. Reactionary forces which threaten to undermine the merit system seem to be increasing in recent years, and many of the fundamental ideas on which the existing service is built are proving to be unsatisfactory. It is this phase of the problem that I would like to discuss in this paper—the civil service of to-day and the developments which may be hoped for, or guarded against, to-morrow. Much of what I shall say is old and has been stated many times before; but re-statements along these lines are imperative if the public service is to occupy its proper place in the future government of the Dominion.
The University Teaching of International Affairs
Authors: Harrison W. E. C.
Published: June 2006

The effects of events in other countries upon the affairs of our own have become obvious enough in recent years to turn the statement of interdependence into a commonplace. There is an uncomfortable suspicion abroad that the Fates are no longer British subjects. Yet it is doubtful whether we are fully aware of the implications in such truisms. They imply the necessity of discovering the facts of an interdependent world and of interpreting them by methods as scientific as may be possible in dealing with functions of the human variable. In our own country the need for research, interpretation, and discussion in world problems has produced the Canadian Institute of International Affairs, a semi-public body somewhat similar in conception to the Royal Institute of International Affairs in Great Britain, the Council on Foreign Relations in the United States, and the Institute of Pacific Relations in the countries especially concerned in the affairs of the Pacific area. The Canadian Institute fills a gap in adult education by providing the means of creating a body of public opinion which at least is acquainted with the language of international affairs. The work of the Institute is invaluable, but it cannot be regarded otherwise than as contributory to educational requirements to be fulfilled in the main under other auspices. Whether the study of international relations, in some form, should be part of the curriculum of every unit in the educational system is a matter of importance, but my concern in this paper is not with the schools but with the universities.
Canada's Optional Payment Bonds
Authors: Hackett W. T. G.
Published: June 2006

Optional payment bonds are a distinctive feature of the Canadian debt structure and give rise to a set of conditions quite peculiar to the Canadian economy.

As to the facts, it may be said that a very considerable proportion of Canada's federal, provincial, municipal, and corporate indebtedness has been issued with principal and interest payable at the holder's option in either or both London and New York funds as well as in Canadian currency. A smaller amount is payable in London only and in New York only. The proportionate distribution of Canadian public issues according to payment feature is estimated, very approximately, as follows:

Something over 55 per cent, of Canada's bonded indebtedness, therefore, has an external payment feature in some form or other.

These combinations of payment feature are the consequence of several rather clearly defined phases of our economic development. The historical aspects of our capital imports constitute a study in itself beyond the scope of this article. Suffice it to say that most of our “Canada and London” and “London only” debt was acquired in the years from 1900 to 1913, a period in which we were absorbing outside capital at a more rapid rate than any other capital-importing nation and depending for our requirements almost solely on the London money market.
The Nuptiality Problem with Special Reference to Canadian Marriage Statistics
Authors: Charles Enid
Published: June 2006

Measurement of changes of marriage frequency involves peculiar difficulties. To some extent the trend of crude birth and death rates reflects the trend of more refined indexes. A corresponding statement is not even approximately true of crude marriage rates. The crude rate may be either rising or falling, while the true rate remains constant, and vice versa. Though this fact emphasizes the need for accurate analysis, comparatively few computations of true marriage rates exist. One reason for this is probably that the marriage rate has fluctuated widely in the past from year to year in response to economic changes, without showing any very definite secular trend. So the relation between marriage frequency and reproduction rates has not seemed to be highly significant. However, the position is now changing. On the one hand, marriage is less inevitably followed by reproduction. On the other hand, most marriages are still followed by first births, and first births form an ever-increasing proportion of all births. Hence fluctuation in marriage rates is reflected to an increasing degree in fertility rates.

It is now a generally accepted view that the best method of obtaining true marriage rates is to draw up nuptiality tables in accordance with the principle on which life tables are constructed. The true marriage rate is then given by the proportion of women who marry at least once out of a thousand girls alive at 15 years of age (gross nuptiality), or out of a thousand new-born girls (net nuptiality). The present paper presents nuptiality tables for Canada and each of the nine provinces for 1930-2, and for Saskatchewan for 1926 and 1936. It is hoped that similar tables will be calculated for more recent years, when the data become available.