bluuebunny/crossref_metadata_2025 huggingface dataset:
Local Legal Culture and the Control of Litigation
Authors: Kritzer Herbert M. , Zemans Frances Kahn
Published: June 2006

In 1983, the Federal Rules of Civil Procedure were modified to mandate sanctions against attorneys who filed frivolous pleadings or motions or who failed to make reasonable efforts to verify facts or statements of law made in pleadings or motions. There is substantial variation among federal judicial districts in the use of this Rule 11 provision. To what degree can these variations be explained by situational or legal factors? Does one need to use a concept such as local legal culture to account for at least some of the variation? These are the questions addressed by this article. We find that variations in most Rule 11-related activities can be explained by structural and situational factors. We conclude that beyond the expectations created by specific structural and legal factors, one does not need to resort to local legal culture to explain Rule 11-related phenomena. We suggest that the conditions that make local legal culture a useful construct in the context of the criminal courts may not apply in the civil justice system.
Legal Discourse and Political Intolerance: The Ideology of Clear and Present Danger
Authors: Kessler Mark
Published: June 2006

Using insights from poststructuralist literary theories, writings on ideology, and theories of practice, this article develops an interpretive perspective on political tolerance for nonconformity. Viewing Supreme Court expression doctrine as ideology, it suggests that legal discourse, in combination with intersecting social, political, and scientific discourses, socially constructs political difference and constitutes a political spectrum. Research indicating differences in tolerance between elites and the public is interpreted as arising from dual ideological strands within legal discourse that are appropriated depending on one's location in social relations. The theoretical approach is used to situate law and legal institutions in American culture and extend previous work on legal doctrine as ideology emerging from the Critical Legal Studies movement.
The Power of Community Mediation: Government and Formation of Self-Identity
Authors: Pavlich George
Published: June 2006

Recent “alternatives” to law assume diverse forms and include various community mediation programs. Proponents see these programs as a triumph of empowered individuals and communities over the state. By contrast, early critics—in their various ways—view such programs as an expansion and intensification of state control. Against both, and working with “new informalist” insights, this article focuses on the political logic of community mediation practices. Drawing on Foucault, it explores mediation as a governmentalization (cf. expansion) of state dispute resolution which marshals both techniques of discipline and self in an attempt to produce peacefulindividual selves. A case study is used to analyze community mediation as a confessional institution that deploys sociocultural pressures in search of nondisputing self-identities. The article concludes that the search for fixed notions of individual, self, or even community empowerment may entrench, rather than resist, current forms of regulation in dispute resolution arenas.
The Myth of Inmate Lawlessness: The Perceived Contradiction between Self and Other in Inmates' Support for Criminal Justice Sanctioning Norms
Authors: Benaquisto Lucia , Freed Peter J.
Published: June 2006

The authors set out two key hypotheses. To address these hypotheses, (1) that inmates (deviants) reject the rules of the conventional order and (2) that they consciously do so as part of a subcultural group, the authors examine offenders' ideals about sanctions for rule breaking. The prison culture literature emphasizes the existence, most prevalent in custodial-oriented institutions, of an inmate subculture characterized by opposition and solidarity. These generalizations are primarily sustained by examining inmates' conformity with staff rules and expectations. This leaves open the question whether this solidary opposition and rejection of conventional norms extends beyond prison walls to broader societal norms regulating deviance. To measure the overall pattern and the relative importance of legally relevant and irrelevant criteria, the researchers obtained responses from a random sample of incarcerated offenders to vignettes describing criminal acts and other potential determinants of sanctions. Neither hypothesis was supported. Inmate sanctioning ideals most nearly resemble, in quality and quantity, those that they individually attribute to the contemporary judiciary. Yet most inmates believe that the other inmates, in contrast with themselves, would reject a coherent system of legal sanctions. The authors discuss the implications of the resulting (collectively self-contradictory) myth of inmate lawlessness.
Expectancy Theory and Police Productivity in DUI Enforcement
Authors: Mastrofski Stephen D. , Ritti R. Richard , Snipes Jeffrey B.
Published: June 2006

This article drew on expectancy theory in industrial/organizational psychology to explain arrest productivity for driving under the influence (DUI) in a sample of Pennsylvania police officers. Expectancy theory is a cognitive model of motivation and performance based on workers' perceptions of their situation. Its major elements are estimated in a regression model: the officer's capability and opportunity for DUI enforcement (performance-reward expectancy), the instrumentality of DUI enforcement behavior for the officer, and the reward-cost balance associated with making DUI arrests. These factors account for 26% of the residual variance in the number of DUI arrests made annually once organizational effects have been removed. The relationships revealed are as expectancy theory predicts, except for instrumentality variables, which show a negative relationship to arrest productivity. This is due largely to the orientation of a small number of “rate busters,” whose exceptionally high arrest rate and negative attitudes toward their peers and the department hierarchy make them a distinct group accounting for a disproportionate number of arrests.
“Proletarianizing” Lives: Researching Careers
Authors: Rosen Robert
Published: June 2006

One definition of the “proletarianization of the professional” is that the professional loses “control over policy and value objectives” in his or her work (Derber 1982b: 17). Proletarianization is normally explained as resulting from workplace labor process control (ibid., p. 31). A compatible, but quite different, explanation relates proletarianization to changes in the social practices and ideological orientations of professional careers. In this research note, I present this different explanation and suggest avenues for empirical research.
Social Norms: Internalization, Persuasion, and History
Authors: Etzioni Amitai
Published: June 2006

At issue in the debate over social norms are different conceptions of human nature and the social order, of the ways people behave, and of the ways the law can both modify and be modified by social conduct. Three interpretive frameworks to the discussion of social norms are discussed: (a) whether social norms affect individual behavior merely as environmental/external factors or whether they also shape people's intrinsic predispositions; (b) the specific process by which norms influence people (i.e., whether preferences are considered predetermined or assumed to be modifiable as a result of internalization and persuasion); and (c) the ways social norms themselves are formed (whether merely via rational choice or also through historical transmissions). It is concluded that the discussion of social norms within a legal context is enriched by considering a “law and socio-economics” model, which combines the law and economics and law and society perspectives into a single discipline.
Why Is the River Rhine Cleaner than the Great Lakes (Despite Looser Regulation)?
Authors: Verweij Marco
Published: June 2006

In this article, I compare the efforts to protect two transboundary watersheds that are home to some of the largest industrial areas in the world: the Great Lakes basin in North America and the Rhine river in Western Europe. Specifically, I show that the industrial discharges into the Great Lakes have been more toxic than the releases into the Rhine. This is puzzling as the laws and international agreements pertaining to the Great Lakes have been more stringent than those concerning the Rhine. I solve this puzzle in three steps. First, I show that the many voluntary investments in water protection by companies along the Rhine have outdone the considerable efforts that the U.S. laws have required of Great Lakes corporations. Thereafter, I argue that these different inclinations to invest in water protection have sprung from two alternative modes of conducting environmental politics: an adversarial one in the Great Lakes basin and a more consensual one in the Rhine valley. Last, I use an historical-institutional approach to show which institutional differences (at both the domestic and international levels) have led to the emergence of these different modes of conducting environmental politics in the two basins.
Narrowing the Gap by Widening the Conflict: Power Politics, Symbols of Sovereignty, and the American Vietnam War Resisters' Migration to Canada
Authors: Hagan John
Published: June 2006

In this article, I consider how a second face or dimension of covert political power was used to deny legal immigration status to Vietnam War military resisters who sought refuge in Canada during the early years of the largest politically motivated migration since the American Revolution. Recently declassified historical records and interviews with former politicians and administrators reveal that the Canadian Immigration Department and its minister misled the public in advancing an official myth about the evolution of this migration. Until successfully exposed by persistent and innovative investigative journalism, the backstage use of political power kept American Vietnam military resisters who were seeking to legally immigrate defensively framed in a symbolic package that defined them as culturally unsuitable. Several thousand American military resisters lived illegally in Canada until conflict about their plight was successfully broadened and transformed into an effective collective grievance and claim under Canadian immigration law. Once the gap between Canadian immigration law and its practice was fully exposed, the conflict about this policy grew rapidly to include a number of cultural elite groups and a master framing of these American servicemen as unexpected symbols of Canadian sovereignty. A fully elaborated explanation of the collective transformation of sociolegal grievances into successful legal claims requires combined attention to the macrolevel interaction of political power and cultural symbolism.
The Shifting Rhetoric of Insurance Denial
Authors: Glenn Brian J.
Published: June 2006

The focus on actuarial tables and rating systems by state regulators is insufficient to ensure that protected groups are not discriminated against by the insurance industry. The most powerful tool used to exclude unwanted groups from the insurance pool lies in the subjective underwriting guidelines companies utilize, yet the rhetoric surrounding the insurance industry shifts attention away from this area.
Do the “Haves” Still Come Out Ahead?
Authors: Grossman Joel B. , Kritzer Herbert M. , Macaulay Stewart
Published: June 2006

In the spring of 1998, the University of Wisconsin Law School sponsored a multidisciplinary conference to assess the impact of perhaps the most visible, widely cited, and influential article ever published in the law and society field: Marc Galanter's (1974) “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.” In that article Galanter attempts to explain the outcome of trial court litigation in essentially structural terms. He discusses “the way in which the basic architecture of the legal system creates and limits the possibilities of using the system for redistributive change.” Galanter divides parties into “one shotters” and “repeat players.” A one shotter is a person, business, or organizational entity that deals with the legal system infrequently. The one shotter's claims are too large (relative to their size) or too small (relative to the cost of remedies) to be managed routinely and rationally, but a one shotter's interest in winning a particular case is very high.
Do the “Haves” Come Out Ahead over Time? Applying Galanter's Framework to Decisions of the U.S. Courts of Appeals, 1925-1988
Authors: Songer Donald R. , Sheehan Reginald S. , Brodie Haire Susan
Published: June 2006

This investigation examines the success of various types of litigants appearing before the U.S. Courts of Appeals from 1925 to 1988. The analysis parallels the earlier studies by Songer and Sheehan (1992) and Wheeler et al. (1987) that applied the core concepts introduced by Galanter's groundbreaking analysis of why the “haves” come out ahead to study litigant success on the U.S. Courts of Appeals and state courts of last resort. The findings suggest that repeat player litigants with substantial organizational strength (“haves”) are much more likely to win in the federal courts of appeals than one-shot litigants with fewer resources. The “haves” win more frequently in published decisions, even after controls are introduced for the ideological makeup of the panel. The advantage in appellate litigation enjoyed by repeat player “haves” is remarkably consistent over time. In particular, the U.S. government has compiled an impressive record in these courts by dominating opposing litigants over the 64-year period of analysis.
The Rule of Law and the Litigation Process: The Paradox of Losing by Winning
Authors: Albiston Catherine
Published: June 2006

This article expands upon the idea that repeat players influence the development of law by settling cases they are likely to lose and litigating cases they are likely to win. Through empirical analysis of judicial opinions interpreting the Family and Medical Leave Act, it shows how the rule-making opportunities in the litigation process affect the development of law and the judicial determination of statutory rights. In addition, the article explains how early judicial opinions might influence later judicial interpretations of the law. Although individuals may successfully mobilize the law to gain benefits in their disputes, that success often removes their experiences from the judicial determination of rights, limiting law's capacity to produce social change. This paradox of losing by winning separates the dispute resolution function of courts from their lawmaking function and raises questions about the legitimacy of law.
Common Knowledge and Ideological Critique: The Significance of Knowing That the “Haves” Come Out Ahead
Authors: Ewick Patricia , Silbey Susan S.
Published: June 2006

In 1974, Marc Galanter published a paper entitled “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change” in which he analyzed the limits of a legal system, such as that of the United States, to achieve redistributive outcomes. He traced the limits to features of the U.S. legal system's “basic architecture.” The specific features to which he referred were a series of structural dualisms or institutional contradictions that permitted symbolic claims to universalism, public authority, and equality to coexist with particularism, private power, and inequality.
Family Gatherings and a Dirty Little Secret of the Law and Society Association
Authors: Dau-Schmidt Kenneth G.
Published: June 2006

Whenever I attend a Law and Society Association function, I get the image of a family gathering. Whether it is the annual meeting, or a “birthday” celebration such as this symposium commemorating the 25th anniversary of Marc Galanter's classic work “Why the ‘Haves’ Come Out Ahead” (Galanter 1974), the occasions always take on an air of kinship, with people engaging their academic forebears, siblings, and progeny in discussions about their latest projects. Although the family embraces many diverse lineages, clearly the black sheep of the family are the economists. The few brave economists who dare to attend can usually be found off in a group, amusing themselves with some recent empirical work or the latest development in game theory. In presenting our work on panels, we are often (but not always) met with polite silence or with questions asking us to defend some part of Richard Posner's work, even if our own work is critical of the traditional economic analysis of law. Occasionally at one of these family gatherings, someone even presents a paper that suggests it might be dangerous to associate with economists (Rostain 1998).
Fate, Responsibility, and “Natural” Disaster Relief: Narrating the American Welfare State
Authors: Landis Michele L.
Published: June 2006

This essay argues that the history of the American welfare state is inextricably bound up with disaster relief. It focuses on the New Deal, which was justified using numerous precedents drawn from the previous 150 years of federal disaster relief. After sketching this early history, including the development of a compelling moral narrative of fault and blame, I examine congressional speeches, briefs filed in the central legal cases of the New Deal by the Roosevelt administration and its opponents, Steinbeck's Grapes of Wrath, and photographs taken by New Deal employees to trace how the Depression was narrated as a “disaster” whose victims were entitled to federal relief.
Activist Scholarship
Authors: Lempert Richard O.
Published: June 2006

This comment responds to Frank Munger's Law and Society Association Presidential Address on scholars as activists. It argues that scholarly research can both constitute and fuel activism. Activist scholarship is, however, not confined to scholars in any one part of the political spectrum. Deeply held values can motivate exceptional work but also raise the danger that political commitments will unduly influence purportedly “objective” findings. Value-infused research should be true to research values even if inspired by political ones.
National Politics and Resort to the European Commission on Human Rights
Authors: Heger Boyle Elizabeth , Thompson Melissa
Published: June 2006

An interesting irony of human rights is that the nation-states that are most susceptible to claims of human rights abuses may not be the most repressive nation-states. Pursuing this modern paradox, the purpose of this research is to determine the factors affecting the number of human rights claims brought by citizens in the international arena. We base our theory on an extension of theories of state strength and test it using a pooled time-series analysis of petitions filed with the European Commission on Human Rights between 1976 and 1993. We find that polity strength, measured through government openness to political minorities and participation in nongovernmental organizations, is positively linked to claims-making. In contrast, a state's tendency to act internationally, represented through participation in international governmental organizations, had a negative effect on the number of claims to the European Commission on Human Rights. Although levels of human rights abuse were positively associated with claims, other factors relating to political organization were equally or more important.
Conflicting Values in Community Policing
Authors: Thacher David
Published: June 2006

Police reformers in the early 21st century place great importance on the development of police-community partnerships, but they have not recognized the deep obstacles that these relationships face. This study argues that the central problems of working in partnership involve conflict over values: Different organizations advance different social values, and when the partners who cling to them try to collaborate, conflict flares up at the point of contact. I draw on several case studies to describe how these conflicts surface and potentially undermine partnerships, and I analyze the strategies that police agencies have developed to respond to them. This analysis reveals that community policing has fundamental (and probably desirable) implications for police practice because it forces police to attend to many neglected dimensions of their mandate. The article thereby offers a new interpretation of community policing's implications for practice and a new interpretation of its value as a reform movement.
The Provision of Public Goods under Islamic Law: Origins, Impact, and Limitations of the Waqf System
Authors: Kuran Timur
Published: June 2006

The Islamic waqf appears to have emerged as a credible commitment device to give property owners economic security in return for social services. Throughout the Middle East, it long served as a major instrument for delivering public goods in a decentralized manner. In principle, the manager of a waqf had to obey the stipulations of its founder to the letter. In practice, the founder's directives were often circumvented. An unintended consequence was an erosion of the waqf system's legitimacy. In any case, legally questionable adaptations proved no substitute for the legitimate options available to corporations. As it became increasingly clear that the waqf system lacked the flexibility necessary for efficient resource utilization, governments found it ever easier to confiscate their resources. In the 19th century, the founding of European-inspired municipalities marked a formal repudiation of the waqf system in favor of government-coordinated systems for delivering public goods.
Waste Managers? The New Penology, Crime Fighting, and Parole Agent Identity
Authors: Lynch Mona
Published: June 2006

This ethnographic research, conducted in a parole field office in central California, looks at how Feeley and Simon's (1992) “new penology” paradigm plays out at the level of implementation, given competing pressures on agents to be tough on crime as well as successful danger “risk managers.” Findings suggest that agents embrace a traditional law enforcement role for themselves that primarily takes an individualistic approach to the clientele and an intuitive approach to their management, rather than taking on the new penological role of actuarial risk managers defined by upper management. The agents were influenced by the popular discourse on crime in defining their priorities and actively subverted directives management issued to reorder those priorities. As Simon (1993) foreshadowed in his work on parole, the agents in this setting did not appear poised to become mere human “waste managers.”
The “New” Law and Development Movement in the Post-Cold War Era: A Vietnam Case Study
Authors: Rose Carol V.
Published: June 2006

This article explores the reemergence of the Law and Development Movement in the post–Cold War era, with special reference to the impact of foreign legal assistance programs on legal and political reforms in Vietnam. Relying on extensive interviews conducted in Vietnam, as well as traditional academic research, the article focuses on changes in Vietnam's legal culture in the first decade of political “renovation.” It then describes foreign legal assistance to Vietnam. Finally, it applies the critiques that emerged from the law and development debate to present-day legal assistance efforts in Vietnam, in an effort to determine the validity of those critiques in the post–Cold War era of foreign legal assistance.
Political Frames and Legal Activity: The Case of Nuclear Power in Four Countries
Authors: Boyle Elizabeth Heger
Published: June 2006

State-society differentiation and political centralization interact to influence the amount, focus, and effect of legal activity. Using case studies of anti-nuclear power litigation in the 1970s in the United States, West Germany, France, and Sweden, this article develops a general theory of political systems and legal activity. While the United States, West Germany, and France all had considerable amounts of antinuclear litigation, in France and Germany such litigation was directed almost exclusively at the state. In the United States, the targets of antinuclear litigation were much more diffuse. Centralized Sweden with its corporatist political system had significantly less antinuclear legal activity than the other three countries, which were roughly comparable. Germany was the only country in which the state took an active role in shaping the content of legal cases, and it was the only country where litigation became a critical factor in modifying national policy. Through these case studies, this article explores how contextual factors such as the political frames of nation-states, which exist apart from individual litigiousness and even apart from legal systems themselves may create particular cross-cultural variations in patterns of legal activity.
Twenty-Five Years after Rodriguez: School Finance Litigation and the Impact of the New Judicial Federalism
Authors: Reed Douglas S.
Published: June 2006

This article examines the impact of state-level school finance litigation conducted in the wake of San Antonio Independent School District v. Rodriguez. State supreme courts have handed down decisions in 36 states since the Rodriguez decision in 1973. The article looks at how these decisions have affected the distribution of educational resources in eight states—five states in which school finance activists have won and three in which they lost. The author shows that state supreme courts can have a significant impact on both the equity of school finance systems and their adequacy. This finding rebuts scholars who have recently argued that courts, acting alone, cannot achieve significant social or political change in the face of public opposition. The article also explores why some state supreme courts are more successful than others, putting forward a policy-centered model of judicial efficacy that takes into account the peculiarities of school finance as a policy issue.
Landscapes of Property
Authors: Blomley Nicholas
Published: June 2006

If we want to explore the social dimensions of property, we need to think of it not only historically but also geographically, entailing both practices in and representations of social space. The concept of landscape is a useful bridging device here, given its double meaning as both a material space and as a particular way of seeing space. Landscapes, in both senses, can serve to reify and naturalize dominant property relations but can also serve as spaces of contestation. Such landscapes, however, cannot be disentangled from the places in which they are positioned. I use this framework to make sense of resistance to gentrification in the Downtown Eastside of Vancouver, Canada, a poor neighborhood with a rich history of activism. A collective property claim by the poor has been staked out through the material use, production, and representation of an urban landscape. Such local meanings and practices, however, are threatened by “outsiders,” who are seen to map and use this landscape in very different ways.
The Simulation Study of the Effect of Single and Double Gated Molds on Pressure and Temperature in Injection Molding of Polymeric Composite Clutch Pedals
Authors: Imihezri S.S.S. , Sapuan S.M. , Sulaiman S. , Hamdan M.M. , Zainudin E.S.
Published: June 2006

This paper presents the simulation results of a glass fiber reinforced PA 6,6 composite automotive clutch pedal. The analysis is carried out using Moldflow Plastics Insight (MPI) software to investigate the effects of increasing gate number from 1 to 2 on temperature and pressure. The results of temperature show that for single gate, the temperature was 291.3 °C and for double gate was 292.3 °C. Double gates mold induce higher temperature due to longer runner length. Both designs revealed different hot spots locations indicating probable areas of excess shear heating. The results of pressure (end of fill), for the single gate it was 61.31 MPa and for double gate was 60.73 MPa. Double gates mold reduce the required injection pressure as well as pressure variation, hence a lower volumetric shrinkage. Lower injection pressure produces lower shear rate and shear stress level.
Visual Analyses and Discriminations: One Approach to Measuring Students' Metacognition
Authors: Al-Hilawani Yasser A
Published: June 2006

The metacognitive performance of four groups of students was examined. The students' processes of visual analysis and discrimination of real-life pictures were used to measure metacognition. There were 61 participants: 18 hearing students, 18 deaf and hard of hearing students, 16 students with mild mental disabilities, and 9 students with physical disabilities. Analysis revealed no significant differences among hearing students, deaf and hard of hearing students, and students with physical disabilities. The performance of these three groups of students was significantly better than the performance of students with mild mental disabilities. It appears that students with mild mental disabilities encountered difficulties with pictures that required complex visual analyses and discriminations. These difficulties were manifested in a form of deficient simultaneous visual processing along with a low level of knowledge acquisition.
Going Native, Becoming Modern: American Indians, Walt Whitman, and the Yiddish Poet
Authors: Rubinstein Rachel
Published: June 2006

Throughout the early part of the twentieth century, American modernists demonstrated their commitment to a national artistic culture through their constructed sense of "Indiannness." Just as European modernists turned to so-called primitive art for inspiration, American moderns turned to the Indian, whose poetry came to be read as both authentically "American" and naturally modernist, resembling the newest and most radical experiments in free verse. This turn to the native was additionally conditioned by anxieties caused by the massive influx of immigrants from Eastern and Southern Europe at the turn of the century. Thus, American modernism, in its search for an authentically native form of expression, came increasingly to rely on troubling racial and cultural typologies: if the Indian was natural, authentic, artistic, and "American," then the Jew was commercial, sterile, intellectual, and alien. This essay recovers the response of Jewish immigrant writers to this opposition through an examination of Shriftn, a Yiddish literary journal published in New York from 1912-1926. Several Shriftn issues featured translations, and later imitations, of Walt Whitman and of Native American song, both considered to be exemplarily modern and "American." The Yiddish translators had found their sources in the pages of Harriet Monroe's modernist journal Poetry, A Magazine of Verse, which was divided between Monroe's explicit desire to cultivate a "strongly localized indigenous art," and foreign correspondent Ezra Pound's cosmopolitan and international offerings, both of which resolutely excluded the Jewish, much less Yiddish poet. The editors and writers of Shriftn carried on a one-sided dialogue with Poetry through translation, imitation, and subtle critique, thus both entering into and complicating Poetry's ongoing, unresolved negotiation concerning native identity, language, and literature. I thus re-cast Yiddish literary "redface" as not so much an effort to fix an unstable racial identity as white and American, but rather as an intervention into the elitism and racism of Euro-American modernist literary practices.
Flanerie at Ground Zero: Aesthetic Countermemories in Lower Manhattan
Authors: Zuber Devin
Published: June 2006

Although five years have passed since Manhattan's Twin Towers were destroyed, rebuilding projects atop the ruins remain mired in an ideological tug-of-war that offers an exemplary window into how memorial aesthetics and public art become constituted into national mythologies. Ground Zero has been commodified into t-shirts, patriotic coffee mugs with the slogan "Never Forgive, Never Forget," and sundry tourist bric-a-brac; director Oliver Stone's current thriller in the making, the eponymous Ground Zero, promises to further cloud the space with the simulacra of Hollywood spectacle. Amongst all this media alchemy, both 9/11's pretext (the mounting factors that led to such terrorism) and post-text (the consequence of casualties in Iraq and Afghanistan) have been virtually dissolved. This essay argues for a radical intervention into these visual politics by reading Ground Zero through the work of Walter Benjamin. Benjamin remains one of most perceptive writers on the intersection between aesthetics and the flow of signs in capitalist society; his unfinished masterpiece, the Arcades Project (Das Passagen-Werk), articulates an especially useful mode of "dialectical seeing" which provides a framework for critiquing Ground Zero's nationalist inscriptions. This essay will follow the mode of Benjamin's flâneur - a type of urban, meandering visionary where seeing is an exercise in archeology, a peeling off the surfaces of things – to explore artworks that lie on the periphery of Ground Zero. These various public sculptures and art projects, largely made before 2001, speak critically to America's own complicity in the events of Sept. 11th while suggesting several effective memorial possibilities that have been lost in subsequent hubris. The burgeoning literature on Ground Zero memorialization has unjustly neglected these adjacent artworks, and to bring their forgotten aesthetics into the overt politics at Ground Zero's center further ignites what Benjamin called a "profane illumination," a disjunctive break that shatters religious and political continuums. More than ever, Ground Zero stands with an untouchable halo of the sacred. Powerful lobbying groups for families of 9/11 victims have successfully demanded that the foundational footprints of the towers be kept open "from bedrock to infinity" in the Reflecting Absence memorial at the site; such lobbies have also effectively expelled two intended cultural centers at Ground Zero for being "outrageously un-American" and "sacrilegious." As will be demonstrated, these other artworks can interrupt this monocular focus by forcing our gaze to thread the ruins with other, profane representations - from the unsettling torture photographs that have emerged out of Abu Ghraib prison to the ongoing absence of Iraqi dead in the American press – and thereby undo the reconstitution of memorial aesthetics into the logic of war.
Continuing the Dialogue: A Reply to Bernard Gert
Authors: Strong Carson
Published: June 2006

Continuing the dialogue begun in the March 2006 issue of the Kennedy Institute of Ethics Journal, I suggest that Bernard Gert's response to my paper does not adequately address the criticisms I make of his theory's application to bioethics cases.
Appeals Day: A Study of Academic Justice
Authors: Reichstein Kenneth J. , Pipkin Ronald M.
Published: June 2006

It is well established that educational attainment is related to career opportunities. Increasingly, society is requiring highly trained personnel for more complex jobs. A college education is becoming an essential part of the normal preparation for many occupations.
Persuasion to Virtue: A Preliminary Statement
Authors: Tapp June L. , Levine Felice J.
Published: June 2006

With increasing incidences of deviance exemplified by campus disorders, community crime, civil disobedience, and interpersonal aggression, demands for law and order emanate from various segments of the general population. Concurrently, the search for effective means of assuring compliance to law becomes more fervent. Some policy-planners, legislators, policemen, judges, and educators seek new insights and greater understanding about obedience, but society's response is primarily expressed in terms of increased surveillance, detection, and punishment (which ironically may function to complicate compliance problems). In coping with disobedience, whether individual or collective, violent or nonviolent, little serious attention is paid to the origins of deviance and particularly to the antecedents of compliance. Yet it is from knowledge about the origins of obedience and the related ideas of normal populations about the legal process that the problems of deviance can best be understood and stratagems for social change most effectively realized.
Quantifying Burdens of Proof
Authors: Simon Rita James , Mahan Linda
Published: June 2006

This paper is the third in a series of articles describing the results of efforts to investigate ways in which the burdens of proof applicable in criminal and civil trials could be defined more precisely and more objectively. The burden of proof for determining guilt in criminal trials in American courts is the presentation of evidence which would lead “a reasonable man” to believe “beyond a reasonable doubt” that the defendant did indeed commit the act for which he was charged. This standard is applicable to all criminal acts irrespective of their heinousness or the circumstances under which they were committed. In civil actions the burden of proof necessary for determining negligence on the part of the defendant is “by preponderance of the evidence.”
The Image of the Police in Israel
Authors: Gurevitch Michael , Danet Brenda , Schwartz Gila
Published: June 2006

The police in several Western countries have been the object of a good deal of dissatisfaction lately, whether in open confrontation with rioters and demonstrators, or as the object of severe criticism by the courts and civilian review boards. Since the respect and cooperation of the public are essential for effective police operation–in reporting crimes, assisting officers, testifying in court, or in less direct ways–police departments have begun to turn their attention to the sources of this tension. Simultaneously, this problem has become a focus of study for a number of social scientists (see, for example, Banton, 1964; Bordua, 1967; Cumming et al., 1965; Gardiner, 1969; Goldstein, 1963; Gourley, 1954; Skolnick, 1966; and Wilson, 1968). We have undertaken a study of some aspects of the relationship between the police and the public in Israel, in the context of a wider series of studies on patterns of contact between bureaucratic organizations and their clients. There may be factors in this relationship which are not evident in other countries; for example, Israeli police are organized on a national basis with centralized control rather than by local departments as in the American system, and the Israeli police are integrated with the national security effort. These very differences, however, may clarify some fundamental elements of the police-public encounter in general.
Some Recent Trends in Ethnographic Studies of Law
Authors: Cox Bruce , Drever Gordon S.
Published: June 2006

This essay was done as part of a larger bibliographic project on the ethnography of law, begun by Laura Nader and her students at the University of California in the early 1960s. A summary of the results of this project was published in 1966 under the title “The Ethnography of Law: A Bibliographic Survey” (Nader et al., 1966). This work's more than 700 entries surveyed the literature on customary law in seven continental areas—Africa, Asia, the Near East, Europe, Oceania, and the Americas—as they were in 1964-1965. With the help and encouragement of the original compilers, the work of revising and updating the earlier bibliography was begun. This work is still in progress. However, to stimulate further suggestions for the project, we have written this summary of trends in the literature on customary law. The summary retains the division of the earlier bibliography into major continental areas, together with a section on comparative, general, and theoretical works.
Criminal Environment and Support for the Law
Authors: Conklin John E.
Published: June 2006

The question of who supports the law is commonly approached within a framework of social stratification analysis. Pressure to pass certain laws and willingness to assist the agents of law enforcement are often related to social status and political power. Marx and Engels (1947) were among the first to see the law and support for the law in terms of the interests of various groups in the stratification system, arguing that the law is a tool employed by the bourgeoisie to oppress and exploit the proletariat. In another historical study, Ranulf (1964) concluded that the “distinterested tendency to inflict punishment” is concentrated in the petty bourgeoisie or lower-middle class, suggesting that it is in that level of the social hierarchy where one will find the greatest support for the law, or at least the punitive aspects of the law. Not too different from this is the conclusion reached by Marshall (1968) which is that middle-class values have long been critical in determining what types of social behavior will be labeled criminal.
San Francisco
Authors: Kaplan John
Published: June 2006

San Francisco's ethnic minorities tend to be clumped in relatively small areas, with the Negro population being concentrated in three main districts. This concentration of ethnic groups leads, of course, to racial imbalance in the schools, a problem which is most serious in the elementary schools. If one considers the four main groups of the city to be Negro, Oriental (which includes the city's small Japanese and Filipino population as well as the Chinese), Spanish white, and non-Spanish white, in 1964, 36 of the 96 elementary schools contained 90% or more of one group. Of these, nine were Negro, five Oriental, nineteen Spanish white, and three non-Spanish white. In the junior high schools there is less racial imbalance, but still some: in 1964 two schools were 80% and 61% Oriental; two were 86 and 83% Negro; and two were 85 and 72% white.
Methodological Problems and Techniques in Sociolegal Research
Authors: Zeisel Hans
Published: June 2006

The controlled experiment is undoubtedly the ideal instrument for testing the effectiveness of a new rule of law or legal procedure: have one random half of the cases operate under the new rule, the other half under the old rule, and see what difference there is in the outcome.
Some New Concerns of Legal Process Research Within Political Science
Authors: Nagel Stuart S.
Published: June 2006

Political science has generally been divided into the fields of political theory, comparative government, international relations, public administration, policy formation, state and local government, and public law. The public law or legal process field has also been called the law and politics field to emphasize that it is the study within political science of the judicial process, constitutional law, and related subjects. Law and politics research has changed greatly since 1955 in both methodology and substance. It is the purpose of the articles in this symposium to illustrate some of the more recent trends in law and politics research, particularly trends of interest to law professors, sociologists, and others in the broader area of law and society research.
Sanctions and Deviance: Evidence and Remaining Questions
Authors: Tittle Charles R. , Logan Charles H.
Published: June 2006

The last few years have witnessed a resurgence of interest among social scientists in the possible effects of negative sanctions in producing conformity to norms. During the first half of this century deterrence ideas were often the object of debate and research. Debate, however, was usually conducted on an ideological level, and the extant research generally suggested that punishment was of minor importance as a behavioral influence (Ball, 1955; Tappan, 1960: 243-255). As a result, many social scientists came to regard the question as either theoretically uninteresting or as empirically non-problematic.
Who Called the Cops?: Decisions To Report Criminal Victimization
Authors: Hawkins Richard O.
Published: June 2006

An important intersection of the disciplines of law and social science is the social setting of law enforcement. The point of application of the law is almost completely social, with the exception of the totally automated justice of parking violations (Skolnick, 1966). The social factors in the enforcement encounter which produce the official definition of crime have been discussed in studies of police discretion (Skolnick, 1966; Cicourel, 1968), police/suspect interaction (Piliavin and Briar, 1964; Wertham and Piliavin, 1967; Black and Reiss, 1970), and the influence of complainants' wishes and demeanor on police action (Black, 1970). A second social setting that greatly influences the extent of law enforcement and the resultant official crime rate is the setting of victimization. This setting occurs prior to the enforcement encounter and is quite distinct from it except in cases of police observation of crime. The setting of victimization has received relatively little research attention. Questions pertaining to the perception of victimization and the subsequent decision by the victim on ways to handle the situation have not been systematically addressed. The goal of this study is to decribe why, and under what conditions, victims decide to invoke formal sanctioning procedures in response to criminal victimization.
The Durham Rule in Action: Judicial Psychiatry and Psychiatric Justice
Authors: Arens Richard
Published: June 2006

Exercising its right to frame a new standard of criminal responsibility, the United States Court of Appeals for the District of Columbia declared in Durham v. United States: “An accused is not criminally responsible if his unlawful act was the product of mental disease or defect.”
Musjawarah in Karo-Land
Authors: van den Steenhoven Geert
Published: June 2006

In this essay, I propose to pay attention to Karo-Batak dispute settlement in the framework of regional manifestations of musjawarah, the Indonesian way of popular decision-making. To that end, I shall begin with a brief description of the Karo categories of kinship and affinity, followed by an exposé of the Karo institution of dispute settlement, called runggun adat as well as by the description of a specific case which I recorded in 1969, almost thirty years after it occurred.
Law Colleges and Law Students in Bihar
Authors: Bastedo T. G.
Published: June 2006

Under British rule, the indian legal profession was alone in offering to the talented an opportunity of gaining both wealth and prestige, and its lure to the young was equalled only by the Indian Civil Service. But the foundations upon which the profession's preeminence was based have now eroded. Rent suits, the principal source of its rural income, have all but disappeared. In 1935, of the 224,709 civil suits instituted in the courts of what is now the state of Bihar, 80% were rent suits, by 1962 the number of civil suits instituted in the courts had dropped to 43,978, and only 5% of these were rent suits. The departure of the British opened new, competing, career alternatives, and a widening net of education undercut the advantages of wealth, family and caste. New social conditions have not only required the advocate to rely upon different sources for his legal income—they have begun to transform the nature of the profession itself. There has been a steep decline in the relative prestige it once enjoyed.