bluuebunny/crossref_metadata_2025 huggingface dataset:
Berkeley
Authors: Heyman Ira Michael
Published: June 2006

Berkeley, California, is a compact city of 111,268 residents, housed within 9.7 square miles, with a resulting population density of 11,471 per square mile—one of the highest in northern California. It is a city of socioeconomic contrasts. The “Flats,” encompassing the western two-thirds of the city, is a low-lying area containing the city's major business and industrial areas. Here, too, live the vast majority of Berkeley's minority groups and low-income families. The “Hills,” which comprises the eastern one-third, is solidly residential, predominantly Caucasian, and generally expensive. Bisecting the Hills and stretching briefly into the Flats is the University of California, Berkeley's major landmark.
Chicago
Authors: Coons John E.
Published: June 2006

The racial pattern in Chicago is illustrative of the problem facing all urban centers of the North. By 1964 nearly all of Chicago's 930,000 Negroes were grouped in racially homogeneous residential areas of the South, West, and Near North Side of the city. In the decade between 1950 and 1960 alone, the Negro population had increased by 320,000 or 52.5%. During this same period a net 399,000 white residents left the city, many resettling in suburban areas. This transformation has continued with the Negro community now constituting at least 26% of Chicago's total population.
School Desegregation: An Educator's View
Authors: Usdan Michael D.
Published: June 2006

The recent literature on school desegregation takes on added significance when viewed from the dramatic and frightening perspective of a summer of widespread rioting. Equality of Educational Opportunity (the Coleman Report), the U.S. Commission on Civil Rights document Racial Isolation in the Public Schools, and Raymond W. Mack's Desegregation and Education: Studies on the Equality of Educational Opportunities Provided for Americans of Different Races in Ten Communities set in bold relief the pivotal role education must play in mitigating the deleterious consequences of racial segregation.
School Desegregation: A Lawyer's View
Authors: Horowitz Harold W.
Published: June 2006

The Office of Education's report, Equality of Educational Opportunity (the Coleman Report), and the Civil Rights Commission's report, Racial Isolation in the Public Schools, have, to say the least, fundamental implications for the formulation of educational policy in the United States. Aside from their impact on legislative and administrative policymakers, and the electorate which selects those policy-makers, these reports have a separate significance for the law. They provide data essential to the resolution of current issues of the constitutional doctrine which makes up the legal matrix within which educational policy-making takes place. Further, they suggest new issues of equal import on which future programs and studies must be undertaken. The case studies in Desegregation and Education are illustrative: a number of cities have seen threatened and actual law suits to bring about elimination of de facto racial segregation in the public schools, and school administrators are concerned at the lack of sufficiently clear legal doctrine. Recently, in Hobson v. Hansen, a case dealing with the District of Columbia public schools, Judge J. Skelly Wright made use of some of the data in the reports in ordering the school board to take various steps to deal with inequalities in educational opportunity.
School Desegregation: A Political Scientist's View
Authors: Vose Clement
Published: June 2006

Perhaps the most arresting conclusion in the summary of the Coleman Report is the statement: “a pupil's achievement is strongly related to the educational backgrounds and aspirations of the other students in the school” (p. 22). The point is stated more forcefully later, in the body of the Report: “Attributes of other students account for far more variation in the achievement of minority group children than do any attributes of school facilities and slightly more than do attributes of staff” (p. 302). I always thought so. I like this finding because it coincides with my own views about social democracy and the schools. This was forcefully expressed in 1950 by Chief Justice Vinson, when the Supreme Court ruled racial isolation of a single Negro in the Texas Law School constitutionally unequal on grounds that fellowship and extracurricular association with other students were as essential to legal education as were equivalent teachers, books, and lessons. Now in the Coleman Report there is persuasiveness in documentation and analysis for this view which is more convincing than personal or judicial opinion. This is one of several points I have selected for comment from a series of recent social science reports on race as a factor in national school policy. In looking directly at only a few points one can merely pause to salute the energy, daring, intelligence, and skill of the social scientists who have prepared these stimulating, impressive, and important documents.
The Effect of Labeling Upon Youths in the Juvenile Justice System: A Review of the Evidence
Authors: Mahoney Anne Rankin
Published: June 2006

The avoidance of the stigma accompanying court appearance was one of the reasons for the development of a specialized court for children. Treatment-oriented reformers had been concerned for many years about the potentially harmful effects upon individuals of arrest, court appearance, and incarceration. As a result, they made efforts in the juvenile court to minimize stigmatization by having informal procedures, hearings closed to the public and press, and limited access to court records. More recently the avoidance of stigma has been used to rationalize the diversion of youths away from the juvenile justice system before they have any contact with it. This heightened concern about stigmatization through juvenile court exeprience flows in part from a growing interest in labeling theory among social scientists.
Above and Beyond the Best Interests of the Child: An inquiry into the Relationship Between Social Science and Social Action
Authors: Katkin Daniel , Bullington Bruce , Levine Murray
Published: June 2006

The publication of an inter-disciplinary effort on child welfare law, co-authored by three such luminary figures as Joseph Goldstein (Walton Hale Hamilton Professor of Law, Science and Social Policy at Yale University Law School), Anna Freud (perhaps the foremost living authority on the emotional lives of children), and Albert Solnit (Director of the Yale University Child Study Center), is an intellectual event. The talents of these authors are such that their book, Beyond the Best Interests of the Child (1973), ought to have significance beyond its reconceptualization of the law of child custody; it ought also to be a landmark in the history of cooperation between social scientists and lawyers. Despite impressive achievements, however, the book's greatest utility may be as an example of the wrong way to employ social science to solve problems of social policy.
Definitions of Law and Empirical Questions
Authors: Gibbs Jack P.
Published: June 2006

Two fundamental questions for any discipline are: (1) What is the subject matter of the field? and (2) What is to be asked about the subject matter? The answer to the first question as it applies to jurisprudence can be given in a word—law. This designation may appear as a gross oversimplification, but that is not the problem at all. If there were consensus in jurisprudence as to a universal and empirically applicable definition of law, the term would be suited admirably for identifying the subject matter of the field. But such consensus is lacking. Debates over conceptions of law have an ancient history, and since the end of the eighteenth century they have become more intense. Given the fact that contemporary schools of thought in jurisprudence are distinguished first and foremost by the kind of definition of law advocated, it is difficult to understand Selznick's assertion that definitions of law “are not really so various as is sometimes suggested.” To the contrary, one would be hard pressed to identify a more controversial issue in either jurisprudence or the sociology of law.
Issues of Legal Policy in Social Science Perspective
Authors: Auerbach Carl A.
Published: June 2006

The call for studies of the social impact of particular judicial, legislative, administrative and executive rules, decisions and practices is sounded sporadically and acted upon but rarely. To read the recent decisions of the Supreme Court of the United States overruling established precedents in many areas of our constitutional law is to catalogue a long list of missed opportunities for social scientists. As an example of the cause for this lament, I shall present Keyishian v. Board of Regents which for all practical purposes overruled Adler v. Board of Education.
Policy Evaluation and Recidivism
Authors: Levin Martin A.
Published: June 2006

During the past few years there has been a refreshing wave of studies of the relationship between policy inputs and outputs in American urban and state politics. These studies have attempted to go beyond the analysis of the political processes of a unit of government, to analyze its relationship and that of other factors such as socio-economic characteristics to the policy outputs of that unit. They have gone beyond the analysis of “who governs?” to the analysis of “what difference does it make who governs?” and “what difference do certain socioeconomic characteristics make?” (Wilson, 1964: 133). In other words, what are the consequences of these inputs for the life of the average citizen? These consequences have been analyzed in terms of the policy outputs and services of these governments in areas such as education, welfare, criminal justice, planning programs, and general social welfare measures.
The Legal Profession and Legal Services: Explorations in Local Bar Politics
Authors: Stumpf Harry P. , Schroerluke Henry P. , Dill Forrest D.
Published: June 2006

“Students of law and society have grown increasingly aware of the contribution to the character of the legal system made by the attorney in his professional role.” In his capacity as “gate keeper to the courts” the private attorney is a significant actor in the judicial process, especially at the community level (Jacob and Vines, 1963: 251). His decisions, formulated within limits set by the norms, rules, and expectations of the profession (i.e., bar associations) initially determine who has a right to lodge a grievance, at what cost, under what conditions, and to what ends.

The Legal Services Program of the Office of Economic Opportunity provides a unique opportunity to explore the professional values and attitudes of lawyers, because the Program challenges the traditional prerogatives of bar associations in controlling access to the legal resources. The three aspects of the Program representing the most serious challenge to the traditional practice of law are: (1) OEO's insistence that local programs utilize the legal process as an instrument of social and political reform on behalf of the poor; (2) the conscious, though wavering, effort to structure programs so as to insure their independence from local bar domination; and (3) the concept and practice of “maximum feasible participation” of the poor in the actual management of local programs. The response of private practitioners to the OEO challenge provides some insights into such matters as the profession's criteria for gatekeeping and the lawyers' instruments of control.
A Conceptualization of a No-Fault Compensation System for Medical Injuries
Authors: Carlson Rick J.
Published: June 2006

Estimates of the impact of personal health care services on the health levels of definite populations range widely. Whatever the figure derived, it is often surprising to discover what little effect such services have on the conditions of health. Rene Dubos offers no numerical estimate but phrases the point in this way:

But while modern science can boast of so many startling achievements in the health fields, its role has not been so unique and its effectiveness not so complete as is commonly claimed. In reality … the monstrous spector of infection had become but an enfeebled shadow of its former self by the time serums, vaccines, and drugs became available to combate microbes. Indeed, many of the most terrifying microbial diseases — leprosy, plague, typhus, and the sweating sickness, for example — had all but disappeared from Europe long before the advent of the germ theory…. [C]learly, modern medical science has helped to clean up the mess created by urban and industrial civilization. However, by the time laboratory medicine came effectively into the picture the job had been carried far toward completion by the humanitarians and social reformers of the nineteenth century. Their romantic doctrine that nature is holy and healthful was scientifically naive but proved highly effective in dealing with the most important health problems of their age. When the tide is receding from the beach it is easy to have the illusion that one can empty the ocean by removing water with a pail. The tide of infectious and nutritional diseases was rapidly receding when the laboratory scientist moved into action at the end of the past century (Dubos, 1959: 107).
An Empirical Description of Administration of Justice in Drunk Driving Cases
Authors: Little Joseph W.
Published: June 2006

This paper is about the administration of justice in drunk driving cases. It is the second in a series (Little, 1971a) stemming from an intensive study of law enforcement and judicial systems in operation. The data reported here were obtained in 1970 and 1971 in a study carried out in the State of Vermont with the purpose of learning about how justice is administered in DWI cases in the context of a known legal framework. The method of the study was to obtain representative samples of DWI offenders and violators of other serious motor vehicle offenses, and trace what happened to them with the police, in the courts and with licensing agencies. The complete chronicle of what happened to each offender was carefully scrutinized, beginning with the time of arrest and ending when the case had been disposed of. The earlier paper contained a number of preliminary descriptive statistics, and this one follows up that background with more detailed analysis.
Kinship, Marriage, and Divorce in Comparative Family Law
Authors: Cicourel Aaron V.
Published: June 2006

Sociological studies of the family, ethnographic studies of kinship and marriage, and legal accounts of family law have been neither clear nor comparable in explaining how members perceive and interpret arrangements such as “marriage” or “divorce.” These comparative studies invariably include case materials, and accounts which presuppose various linguistic and para-linguistic phenomena, meanings, and unexplicated usages. The precise character of comparable behavior remains obscure. Truncated categories translated from one language to another become verbal signals disengaged from the actual perception of social behavior and its interpretation in subsequent descriptions. The categories of different scholars are presented as equivalence classes in which the adequacy of the descriptions is never an issue because the author assumes that the reader “knows” what the author “means.” Although the categories employed describe general routine practice of members, there is little concern with the language, gestures, voice intonation, and body posturing accompanying the action scenes to which general categories refer.
Critique
Authors: Sussman Marvin B.
Published: June 2006

I have a terrible habit when I read fiction, especially murder mysteries, of reading the last chapter before I would normally reach it and consequently obtain the outcome to the problem being developed step by step by the author. I began reading Professor Cicourel's paper early this week when it arrived, and I should have gone to the last few paragraphs in which he states clearly the objectives of this scholarly effort, namely, that researchers undertaking any kind of investigation should shake off the use of a priori schemes, typologies, structural elements, and the like and turn their attention to how individuals go about solving the problems of day-to-day living. One should pay more attention to the respondent's solution to a social problem and thus use the respondent's replies as categories of analysis rather than using a researcher's set of categories which are based upon a presumed and articulated set of meanings. This is the major thrust of this paper to which I want to return shortly.
Pollution, Regulation, and Evaluation
Authors: Roos Leslie L. , Roos Noralou P.
Published: June 2006

Understanding pollution is only partly a matter of becoming informed about technical variables and processes. It is also — or even predominantly — a matter of gaining knowledge about social and economic systems. As is the case with many other issues, we need to know why these systems “produce the results they do and how we can use understanding of them to produce more desirable ones” (Kneese, 1970: 190).

The current emphasis on environmental problems has resulted in the passage of new legislation and increasing public pressure upon individual companies seen as polluters. However, the factors which influence organizations to change their ways are rather hazy. In the absence of clear market controls, particular businesses may fight environment-oriented legislation, complying only when political and legal avenues have been exhausted. Other businesses may announce their intent to help clean up the environment and initiate action in this regard with relatively little prodding on the part of the public, state and federal bureaucracies, or conservation groups.
The Predictability of Nonlegalistic Adjudication
Authors: Bonn Robert L.
Published: June 2006

A number of writers have observed that legalism is a social phenomenon which is found only in certain kinds of legal systems and then only in certain historical periods. Perhaps it was Weber who first gave the concept a theoretical importance by associating a legalistic or “formally rational” legal system with the development of capitalism. Later writers such as Selznick have seen legalism as a complex ideal embracing certain kinds of standards to which legal systems might aspire. (Selznick, 1961). Most recently, Friedman has commented on the decline of legalism (Friedman, 1966). While the contributions of these writers are useful in elaborating the meaning of the concept of legalism, the phenomenon itself has received virtually no empirical analysis. It is the purpose of this paper to show that one possible component of legalism, viz., predictability, is by no means unique to legalism and that a nonlegalistic adjudicatory system can be as predictable if not more predictable than a legalistic system would be.
Perceptions of the Independent Trial Judge Role in the Seventh Circuit
Authors: Cook Beverly Blair
Published: June 2006

The federal trial judge works in a court system which is rapidly modernizing by developing central administrative structures and procedures to monitor and expedite his tasks. The new structures are creating new expectations for the federal judicial role. For the incumbent judge the demand to change his role definition and his pattern of action breeds tension and resistance. The Chandler case (1970), involving the sanctioning of a trial judge by his circuit judicial council, which Justice Douglas characterized as “the most controversial contest involving a federal judge in modern United States history,” epitomizes the stress upon a trial judge, nurtured in a period of mild bureaucracy, finding himself at the end of his career in an organization with new norms and stronger instruments of enforcement.
Law and Anthropology: A Case Study in Inter-Disciplinary Collaboration
Authors: Twining William
Published: June 2006

“If the integration of law and anthropology is to flourish, it must be on a truly functional basis. Each must contribute to the dynamics of the other; each must add to the operative effectiveness of the other; each must nourish the other as a process. Mere static comparison, a paralleling of civilized rules of law with selected examples from sundry primitive tribes, is a sterile accomplishment.”

E. Adamson Hoebel“Law and Anthropology,” 32 Va.L.Rev. 835 (1946)

The partnership between Karl Llewellyn and E. Adamson Hoebel is generally regarded as the most successful example of collaboration between a lawyer and an anthropologist in the annals of Anglo-American scholarship. In many respects it is unique. There have been individuals who have been trained in both disciplines; a number of legal scholars have made extensive use of anthropological literature; jurisprudence has regularly provided ethnographers of law with some of their main concepts and in recent years there has been an extensive, if disjointed, dialogue between representatives of the two disciplines. But, Llewellyn and Hoebel apart, in respect of research there has been little alacrity on the part of lawyers and anthropologists in responding to calls for interdisciplinary co-operation. Moreover, there are sometimes signs of tension in relationships between the two groups, although for the most part such tensions are hidden behind the curtain of academic diplomacy.
Conquest, Clientage, and Land Law Among the Luo of Kenya
Authors: Odenyo Amos O.
Published: June 2006

In the process of nation building, the new African nations are confronted with the need to establish legal systems which would perpetuate some selected traditions while, at the same time, are appropriate enough to solve the current untraditional problems. Under colonial rule. Western legal concepts dominated some areas of life while customary laws dominated the other spheres. Criminal law, the law of torts, contracts, administrative laws, taxation, company law, road traffic and copyright laws, were dominated by Western legal concepts. Customary legal concepts were operative in the fields of land tenure, marriage, divorce, succession and guardianship. The dual legal system served respectively the colonial and the native social order. With the demise of colonial rule, African legal systems now suffer from a schizophrenic posture, torn between tradition and modernity. The schizophrenia is more painful now that the new indigenous rulers, raised in the traditional ways, use modern, often colonial government structures to govern a population still tradition-directed. In this process of governing, the dictates of a modern state often clash with tradition. One such clash occurred in April 1968, when Kenya law makers used a modern legislature to pass a Limitation of Action Act (Kenya Gazette Supplement Acts, No. 34, 1968: 310), an act which proved unpopular despite the convincing arguments in its favor. This paper explores the conflicts between modernity and tradition engendered by the passage of the Act and exemplified by the effects of the Act on the Luo social structure, especially with regard to land ownership and status relationships. The question posed is: How appropriate is law as an instrument of social change, especially in a traditional cultural milieu? Can the nation state rely on law to change its tradition-oriented rural localities? Evidence elsewhere (Massell, 1968: 179) reveals that the law as an instrument of change often yields unintended and unpleasant consequences.
Caught in the Con-Game: The Young, White Drug User's Contact with the Legal System
Authors: Sanders Clinton R.
Published: June 2006

This paper examines a controversial area of legal activity—the enforcement of drug laws. It focuses on the experiences of the young, white drug user for whom arrest and processing for drug law violations commonly represent the first serious involvement with the legal system.

It is within the interactions and institutional experience of legal processing that the young drug user alters, reconstructs or solidifies a meaning structure which defines and justifies his behavior (Blumer, 1969). This shaping of definitions and perceptions takes place primarily within a particular institutional setting—narcotics court. The purpose of the court (as it is perceived by the regular actors within the court setting) is to publicly identify the "deviant" thereby setting an example for potential or undetected lawbreakers and to punish the perpetrators of deviance in order to deter them from engaging in further deviant activity (cf., Schwartz and Skolnick, 1962:133).
Insurance Claims Complaints: A Private Appeals Procedure
Authors: Ross H. Laurence
Published: June 2006

Two of the major insights of the sociology of law are that legal rights in contemporary society are most often determined by bureaucratic actors and that the results differ systematically from those predictable on the basis of formal law alone (Mayhew, 1966; Ross, 1970; Skolnick, 1966; Whitford, 1968). The decision-maker who determines in practice the extent of legal rights and duties is most often a low-level employee of a bureaucracy—a patrolman, a tax auditor, a building inspector, or an insurance adjuster. He is usually untutored in academic law and possesses discretion because of his isolation from supervision, rather than by design. The decisions in theory may be removed from the bureaucracy and tried in a court of law. Critical attention, however, has recently focused on the fact that most claims based on legal rights are too small to warrant the cost and inconvenience of a formal trial. There has been less attention paid to the fact that bureaucracies typically offer internal means of appealing the decisions of low-level employees. These appeals procedures permit review and modification of initial decisions by higher-level employees, and furnish the claimant with a less expensive and more convenient alternative to the removal of his claim to the courts. Where the claim is small the internal procedure is usually the only avenue of appeal from an adverse decision that is realistically available to the claimant. In these cases, the internal procedure is in fact the ultimate means by which legal rights and duties are determined. This paper reports a study of the functioning and outcomes of one such procedure, the handling of complaints about claims by a typical insurance company, hereafter called Acme.
Law and Development: A General Model
Authors: Seidman Robert B.
Published: June 2006

As Mark Twain once remarked about the weather, everyone talks about law and development, but nobody does much about it. How does law “set off, monitor, or otherwise regulate the fact or pace of social change?” (Friedman, 1969). Atomistic studies relating specific norms of law to specific sorts of social change are plentiful. Holistic studies purporting to explicate general propositions relating rules and behavior can hardly be found. The few that do exist do hardly more than assure us, most sincerely, that yes, there really is a relationship between law and social change.

What is needed is a general model relating law and social change. Here, we discuss (1) the definition of the problem; (2) its parameters; (3) an heuristic model; and (4) a variety of “middle-level” hypotheses that can be suggested. The specific focus of this discussion is on Africa.
Severity of Formal Sanctions as a Repressive Response to Deviant Behavior*
Authors: Bowers William J. , Salem Richard G.
Published: June 2006

In a critique of our paper, “Severity of Formal Sanctions as a Deterrent to Deviant Behavior” (Law and Society Review, 1970: 21-40), Professor Paul E. Meehl has questioned our interpretation of the data particularly in Table 3 of the original paper. On the basis of that evidence, we concluded that severity of formal sanctions show no direct deterrent effect on the deviant behavior under consideration, but do appear to have an indirect deterrent effect through their impact on the normative climate of the campus (p. 37). In challenging this interpretation of the data, Professor Meehl expressed concern that non social science readers of the Review might be misled by our use of “causal language” in the interpretation of these tabulations from cross sectional data.
Indian Lawyers and Political Modernization
Authors: Rowe Peter N.
Published: June 2006

This paper reports some preliminary findings on the role of lawyers in the modernization of Indian society. Lawyers in district towns were interviewed for the purpose of discovering what contribution lawyers make to political socialization appropriate to a democratic polity.
Social Organization at the District Courts
Authors: Morrison Charles
Published: June 2006

In addition to containing religious centers of pilgrimage, regional and local markets, and educational establishments, a district headquarters town in India is, virtually by definition, the seat of a whole complex of law courts. The personnel whose activities contribute to the patterning of social life in such towns includes as an essential feature a small brotherhood of local legal practitioners. The present paper describes one such brotherhood: the advocates who practice in a district headquarters town in Haryana. The main problem with which I shall be concerned is that of isolating and describing the system of social relations, the interconnected set of behavioral patterns, that occurs in the daily interactions among a hundred or more professionals in the district courts. It follows that the paper looks to lawyers rather than law.
Lawyer-Scholars, Lawyer-Politicians and the Hindu Code Bill 1921-1956
Authors: Levy Harold L.
Published: June 2006

Lawyers had a profound influence upon the legislative history of the Hindu Code Bill. Enacted as a series of separate acts between 1954-1956 by India's First Parliament, this bill was intended to modernize, unify, democratize, and secularize Hindu family law and Hindu society, and especially to emancipate Hindu women. I shall first outline the general influence of lawyers in India's national legislature during 1921-1956. Then I shall describe their influence on the pivotal events of this particular legislative history, with primary emphasis upon the British Indian period.

Throughout this legislative history lawyers tended to dominate the legislature, its leading political parties, and the executive (not to mention the judiciary). In the British Indian Central Legislature, lawyers usually formed the largest single occupational group. Even when landlords achieved numerical supremacy, lawyers maintained actual legislative leadership. Parties did not attain great strength in this legislature, but the more important of those that did arise were led by lawyers. After independence, in the Provisional Parliament (the legislative side of the Constituent Assembly) and in the subsequent First Parliament, lawyers constituted the largest and most influential occupational group. Lawyers supplied the majority of members and most of the leadership of the Congress Party, which controlled these Parliaments, and of other parliamentary parties which took an interest in the bill.
A Note on Lawyers in Muslim India
Authors: Calkins Philip B.
Published: June 2006

Relatively little is known about the operation of legal systems in India during the period of Muslim political dominance, primarily because most disputes were settled outside of the courts that were maintained by the ruling powers. Even during the Mughal period, when the government was more highly centralized than at any other time before the British conquest, Mughal law enforcement seldom reached the village level. Only in cases where there had been a very considerable breach of the peace, or where the revenue of the village had not been paid, were villagers likely to come into contact with Mughal law enforcement officials. One reason why the Mughal legal system was relatively undeveloped in the rural areas was that the Mughals possessed neither the manpower nor the means of communications that would enable them to staff and operate such a system of courts extensive enough to provide convenient access to the villagers.
Formal Litigation and Professional Insecurity: Legal Entrepreneurship in South India
Authors: Kidder Robert L.
Published: June 2006

Social facts about a profession are usually treated by sociologists as dependent variables—phenomena to be explained (e.g., Carlin, 1962, 1966; Becker, et al., 1961). I propose to analyze the features of the legal profession in a society which uses such services mostly in the pursuit of litigation. While the facts about the Indian legal profession are no doubt interesting in themselves, my purpose is to examine what can be learned about the process of litigation from a study of the profession. The relationship between lawyers' careers and work styles on the one hand and the demands for law work on the other has been presented in general terms by Rueschemeyer (1973: Ch. 1). The data I shall discuss deals with this relationship in more detail, and can, I submit, yield important support for a critique of the various analyses of litigation which assume that its function is dispute settlement.
Social Control Through Welfare Legislation
Authors: Chilton Roland J.
Published: June 2006

Unlike other federally assisted public welfare programs, the Aid to Dependent Children program has periodically been subjected to sharp political and journalistic attack. The themes of these attacks center around assertions that the program has encouraged illegitimacy and contributed to an increasing number of female-centered families. Bound up in such criticism is the suggestion that the parents of many, if not most, of the children receiving public assistance are unworthy of it by reason of their conduct or their notions of proper conduct. Also included in this anti-ADC ideology are the sloganlike propositions that many poor women have illegitimate children simply to become eligible for ADC payments and that they have additional children to obtain increased payments. A closely related assertion is sometimes made that the availability of ADC payments, or the way in which they are administered, causes many men to abandon their families or to live separately but nearby, and that the program in this way promotes and perpetuates matrifocal family patterns.
Legal Tasks for the Sociologist
Authors: Auerbach Carl A.
Published: June 2006

I shall comment here on the theoretical framework Professor J. H. Skolnick suggests for studies in the sociology of law and the adequacy of the bibliography in his Social Problems article “The Sociology of Law in America: Overview and Trends.” While I welcome Skolnick's emphasis on theory and the “larger philosophical issues,” I think his theoretical orientation would unnecessarily constrict social studies of law.
Social Research on Legality: A Reply to Auerbach
Authors: Skolnick Jerome H.
Published: June 2006

We should all be indebted to Professor Auerbach for having broadened our horizons with the addition of numerous citations. I should like to reassure him that they were not excluded because, as he suggests, I might have “thought none of them had any value for the kind of theory . . . the sociologist of law ought to elaborate.” Many of them are doubtless “relevant” but, as I pointed out early in the article, I omitted all manner of “relevant” literature. I did not regard it as my responsibility to develop a comprehensive bibliography of “relevant” material, but rather to indicate some of the central theoretical concerns and research interests of the developing field of the sociology of law.
Legislative Reform of Child Custody Adjudication: An Effort to Rely on Social Science Data in Formulating Legal Policies
Authors: Ellsworth Phoebe C. , Levy Robert J.
Published: June 2006

A survey of child custody cases and commentary yields the following, most depressing conclusions: everyone agrees that awarding custody is one of the trial judge's most delicate responsibilities; almost everyone is unhappy with prevailing substantive and procedural doctrines; yet no one seems to believe that the situation can be improved substantially. Too many appellate opinions begin, or end, with a plaintive plea for the reader's sympathy.
The Leadership Problem in the Legal Services Program
Authors: Hannon Philip J.
Published: June 2006

Sargent Shriver, the first Director of the Office of Economic Opportunity, forecast at the outset that the lawyers in the legal services program would come to be recognized as the heavy artillery in the war on poverty (Shriver, 1966: 219). Shriver's success as a soothsayer was considerable. Poverty lawyers have proven to be among the most effective weapons in the war on poverty's arsenal. In practice it seems that many of the lawyer's skills and much of his legal training are helpful and even powerful when directed at the legal problems of the poor. Nevertheless, one wonders how much credit for the poverty lawyer's success can properly be attributed to OEO's leadership. There never really was reason to doubt the lawyer's fire power. But the record reveals much reason to doubt whether his potential power has been used efficiently and with maximum efficacy. An examination of OEO's belated efforts to orient the local legal services offices toward more meaningful targets leads to the belief that the strength of the program lies in the professional training and prodigious labors of the lawyers in the field and its weakness lies in the manner in which OEO has constructed and conducted the legal services program.
Severity of Formal Sanctions as a Deterrent to Deviant Behavior
Authors: Salem Richard G. , Bowers William J.
Published: June 2006

The imposition of penalities for violation of criminal laws has been traditionally justified for such reasons as social justice and retribution. Today, perhaps the main justification for imposing severe penalties on those who violate the law is that such punishments serve as a specific deterrent to future violations by the offender and as a general deterrent to violations by others who might be tempted to follow his lead.
Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint
Authors: Hagan John
Published: June 2006

Nearly half a century after Thorsten Sellin (1928) first introduced the topic for research, the issue of discrimination in judicial sentencing is still very much with us. Thus, Richard Quinney (1970: 142), among the more provocative critics of our system of criminal justice, observes that

Obviously judicial decisions are not made uniformly. Decisions are made according to a host of extra-legal factors, including the age of the offender, his race, and social class. Perhaps the most obvious example of judicial discretion occurs in the handling of cases of persons from minority groups. Negroes, in comparison to whites, are convicted with lesser evidence and sentenced to more severe punishments.
Nebraska's Marijuana Law: A Case of Unexpected Legislative Innovation
Authors: Galliher John F. , McCartney James L. , Baum Barbara E.
Published: June 2006

The social processes involved in the development of criminal laws have been studied by several scholars (Jeffery, 1957; Hall, 1952; Chambliss, 1964; Lindesmith, 1965; Sutherland, 1950; Becker, 1963). Generally, two major perspectives have guided these studies. One orientation has been the functionalist perspective (Pound, 1922, 1942; Durkheim, 1964) which stresses the emergence of moral consensus and the functional interdependence of the law with other institutions. Dicey (1920) suggests that public consensus is preceded by the origination of such ideas among elites, and is only later accepted by the mass of citizens. Such consensus, he claims, supplies the foundation for eventual legal change. An alternative view is the conflict . orientation (Quinney, 1970; Vold, 1958: 203-219; Engels, 1972; Laski, 1935) which views law as the instrument through which one interest group dominates another. In the development of workman's compensation laws, Friedman and Ladinsky (1967) trace the history of conflict and eventual accommodation between workers and factory owners.
Getting the Crime Rate Down: Political Pressure and Crime Reporting
Authors: Seidman David , Couzens Michael
Published: June 2006

. . . [F] ear is being swept from the streets of somethough not all- American cities.

John Mitchell, September, 1971

New York Times, 1971: IV, 16

Enterprising police are making news rather than history in the preparation of their annual reports. Dry tabulations are giving way to charts, pictures, and other illustrations that catch the eye and tell the story of the problems and accomplishments of the department.

Federal Bureau of Investigation, 1966a: 58

During the 1960's, “crime in the streets” emerged as a major political issue. 1 Consequently, measurement of changes in the amount of crime also became politically important. As a candidate in 1968, Richard Nixon, recognizing this, proposed the use of the District of Columbia as a site for an evaluation of his anti-crime proposals by means of crime statistics: There is another area where the Federal Government has an opportunity to make a dramatic demonstration of its concern with the problem of crime, its commitment to new solutions and the efficacy of its proposals. That is in Washington, D.C.the nation's capital where the authority of the Federal Government is great and its prerogatives many. Washington, D.C. should be a model city as far as law enforcement is concerned-a national laboratory (New York Times, 1972).
After the Arrest: The Charging Decision in Prairie City
Authors: Neubauer David W.
Published: June 2006

The police have taken a suspect into custody and booked him. After the arrest, what next? At first glance, this rather simple question seems to imply an equally simple answer - the arrestee will be formally charged with a crime. Inattention to post-arrest proceedings has reinforced the assumption that judicial proceedings follow an arrest. But being booked in the police station is not the same as being charged in court. Despite the swelling of interest in the police and their use of the arrest power, there has been relatively little interest in or concern with what happens to the suspect after the arrest.
Jury Research in America: Its Past and Future
Authors: Erlanger Howard S.
Published: June 2006

This paper is an attempt to review the body of social science writings of the last four and one-half decades on the petit jury. The major portion of this presentation will be limited to organizing the findings on the jury around the two major themes—competence and representation—which are most often discussed in empirical literature. A concluding section will offer some evaluative comments and present some tentative proposals for a new perspective on the sociological study of the jury.
The Lawyer in the Executive Branch of Government
Authors: Mayer Andrew C.
Published: June 2006

The federal government has expanded so much in recent years, both in the number of its personnel, and in the number of functions it performs, that to refer to the executive branch as if it were a homogeneous group of departments and agencies is highly misleading. On the other hand, those structures have some features in common. Many of the larger executive departments, for instance, exercise a certain quasi-judicial power—as in Boards of Contract Appeals. Many of the larger departments promulgate rules which can and do have the force of law, and may be regarded as performing a quasi-legislative function. A substantial number of government lawyers spend much of their time in litigation before these boards, the regulatory agencies, or the courts. However, for the most part, the day-to-day routine of the government lawyer is not typically of an adversary nature. Every legal decision necessarily raises the possibility that it may ultimately be attacked in some form or other; however, the decisions with which this paper will deal are not attacked so much in proceedings which are adversary as in those which are investigative. And the culmination, in general, tends to strengthen the executive, rather than the reverse, for time is on its side; the modern world is too complicated to be run by a legislature.
States and the Nation: State Cohorts and Amendment Clusters in the Process of Federal Constitutional Amendment in the United States, 1869-1931
Authors: Silva Edward T.
Published: June 2006

In Professional Ethics and Civic Morals, Emile Durkheim (1957: 50) explains that the state is the organ of a particular form of collective consciousness. This consciousness is not

so obscure and so indefinite as these collective representations that are spread throughout all societies-myths, religious or moral legends, and so on. … The representations that derive from the state are always more conscious of themselves, and of their causes and their aims. They have been concerted in a way that is less obscured. The collective agency which plans them realizes better what it is about.
Historical Roots of Police Behavior: Chicago, 1890-1925
Authors: Haller Mark H.
Published: June 2006

In order to understand patterns of police behavior in American cities at the turn of the century, it is important to grasp a crucial fact: the police, although they were formally engaged in law enforcement, were little oriented toward legal norms. As late as 1900, when Chicago's police department numbered 3,225 men, there was no organized training. New policemen heard a brief speech from a high-ranking officer, received a hickory club, a whistle, and a key to the call box, and were sent out on the street to work with an experienced officer. Not only were policemen untrained in law, but they operated within a criminal justice system that generally placed little emphasis upon legal procedure. Most of those arrested by the police were tried before local police justices, who rarely had legal training. Those arrested seldom had attorneys, so that no legal defense was made. Thus, there were few mechanisms for introducing legal norms into the street experiences and crime control activities of policemen.
Judicial Decisions and Organization Change: Some Theoretical and Empirical Notes on State Court Decisions and State Administrative Agencies
Authors: Johnson Charles A.
Published: June 2006

This article reports on research evaluating the impact of five Pennsylvania Supreme Court decisions on five Pennsylvania state agencies. Rational choice theory is used to explain several different responses to the judicial decisions: (1) initiating a search for more information, (2) conducting an extensive search, and (3) complying with the court decision and degree of compliance. The analysis demonstrates that the decision to initiate a search depended upon the agency's interpretation of the judicial decision as adverse. The extent of the search was related to the enforcement possibilities. The degree of compliance differed according to whether the agency viewed the decision as adverse and what resources the agency had at its disposal. In general, all of the agencies failed to comply actively with the state court decisions.
Lawyers and Consumer Protection Laws
Authors: Macaulay Stewart
Published: June 2006

The conventional model of the practice of law views lawyers as those who apply legal rules in the service of client interests, checked only by the constraints of the adversary system. A study of the impact of consumer protection laws on the practice of Wisconsin lawyers shows this to be an oversimplification. Lawyers for individuals tend to know little of the precise contours of consumer protection law. They most often serve as mediators between buyer and seller, relying on general norms of fairness and good faith. Lawyers for businesses are more likely to make use of the law, but they are seldom called on to deal with particular disputes. Lawyers' own values and interests are reflected in the way in which they represent clients. As a result, reform laws which create individual rights are likely to have only symbolic effect unless incentives are devised to make their vindication in the long-range interest of members of the bar. Moreover, an understanding of the many roles played by lawyers also requires a more expanded picture of practice. The picture of the lawyer as litigator in the adversary system may itself serve largely symbolic functions.