bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ghetto Assessments of Police Protection and Authority
Authors: Hahn Harlan 
Published: June 2006

In recent years, police conduct has rapidly emerged as a major social and political issue. Although both the nature and the outcome of this controversy have important consequences for law and society, its most immediate effects have been evident in changing public attitudes toward police activities. Policemen have become the targets of growing and frequently irreconcilable popular demands both for the maintenance of “law and order” and for the elimination of “police brutality.” Law enforcement agencies, therefore, have seemed to encounter a mounting crisis of public confidence in police practices.Although the effects of mounting public concern about crime and police protection probably have been most evident among whites (President's Commission on Law Enforcement and Administration of Justice, 1967: 144–149; Ennis, 1967; Feagin, 1970), a desire for increased police protection has also emerged among black Americans. In fact, black attitudes toward police practices have appeared to reflect a perplexing enigma. While many black citizens have complained about harsh or brutal police behavior, they also have expressed intense criticism of a lack of police protection.
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).
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.
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.
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).
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.
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.
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.
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, 1971New York Times, 1971: IV, 16Enterprising 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: 58During 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).
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.
Measuring the Quality of Legal Services: An Idea Whose Time has Not Come
Authors: Carlson Rick J. 
Published: June 2006

There is a record of concern about the quality of legal services. And there is a record of the attempt to ensure quality through restricting the admission of persons to the practice of law. But beyond this, there is no “system” for, nor for that matter, any theory about, assuring the quality of legal services. This paper proposes such a system, and at the same time offers a theoretical framework for its development. And this is done despite the fact that it is highly unlikely that any such system will be utilized in the near future.The paper develops its theoretical base, and its concrete proposals, from an extended examination of the systems of quality assurance which have been developed for medical care services. Given a sufficient degree of similarity between the medical care and legal service systems, analogical analysis is used.The paper concludes that a quality assurance system can be fashioned for the provision of legal services, even though such a system is likely to remain a theoretical construct for the foreseeable future.
Judicial Independence in an Authoritarian Regime: The Case of Contemporary Spain
Authors: Toharia José J. 
Published: June 2006

The present Spanish regime is not a democratic one if by democracy we mean a political situation which:
supplies regular constitutional opportunities for peaceful competition for political power (and not just a share of it) to different groups without excluding any signifcant sector of the population by force (Linz, 1964).Rather, it has been characterized as authoritarian, using that term to describe a distinct genus besides democracy and totalitarianism. Generally, political democracy and judicial independence tend to be associated, the former being considered a necessary though not sufficient precondition for the latter. Thus, one might be inclined to expect contemporary Spain to display a strongly politicized and ideologically uniform judiciary. The first section of this paper will suggest, however, that this is far from being the case: recent survey data from a national sample of Spanish judges testify to the existence of a remark- able degree of ideological diversity among the members of the Spanish judiciary. Such a pattern is explained in the second section of the paper as the correlate of the considerable degree of independence from the political system which the Spanish judges seem to enjoy with respect to their selection, training, promotions and everyday activities. This unexpected coexistence of a non-democratic political system with a substantially independent judiciary may be seen as a puzzling paradox requiring explanation. The last section of this paper attempts to provide it, pointing to the de facto existence in contemporary Spain of two parallel systems of justice: the ordinary and the extraordinary (the second being in charge of all cases with an actual or potential political relevance). The existence of an independent ordinary judiciary, it is argued, is thus made possible by the existence of a parallel set of special courts closely supervised by the regime.
Jury Selection in Erie County: Changing a Sexist System
Authors: Levine Adeline Gordon , Schweber-Koren Claudine 
Published: June 2006

Prior to January 1974, jury selection procedures violating basic standards of randomness had resulted in juries in Erie County, New York, which were overwhelmingly male. This paper describes the biased selection procedures, their discovery by volunteers engaged in a project to ensure a fair trial for prison inmates under indictment for events occurring in the Attica uprising, and the consequences of both improved procedures and an amended law for sexual equality in jury selection.Two linkages between law and society are explored. First, the existence of a “woman's exemption” had led the jury commissioner and staff to make systematic prejudgments about women's behavior which then resulted in their underrepresentation on juries. Second, lawyers and social scientists worked together, using procedures and concepts from both disciplines to achieve a goal of mutual interest: improvement of the methods of jury selection, so that jury composition would more closely resemble the composition of the community. Possibilities and problems of social scientists working with lawyers are described briefly.
Environmental Constraints on the Behavior of Judges: A Representational Model of Judicial Decision Making
Authors: Gibson James L. 
Published: June 2006

In recent years there has been substantial concern over the issue of whether the judiciary is a representative institution. Most research on the matter suggests that judges are to some degree sensitive to public opinion, but confusion exists over the process through which the public affects the courts. This research is designed to reduce the level of confusion.Taking advantage of the quasi-experimental research design afforded by the “circuit” system of court organization used by the Iowa trial courts, this research investigates the “sharing” model of representation. In order to insure against spurious results, controls are introduced for three types of influences on sentencing decisions: defendant and case attributes, judge attributes and role orientations, and local system practices. Analysis of a path model consisting of measures of sentencing behavior, seriousness of crime in the local jurisdiction, and perceptions of crime seriousness reveals that one-sixth of the variance in sentences can be explained. However, substantial variation across judges in responsiveness to local norms is also discovered.Further investigation of these data was undertaken to determine the factors that account for variation in the strength of environmental linkages. The analysis suggests that judges with greater contact with their constituencies, who have experienced electoral defeat, and who assume a “delegate” role orientation, are far more influenced by environmental factors.The article concludes with some observations on how the process of recruitment and early career patterns affect representation.
Class Conflict and the Suppression of Tramps in Buffalo, 1892-1894
Authors: Harring Sidney L. 
Published: June 2006

Class struggle shapes every aspect of the law. In Buffalo, New York, the railroad strikes of 1892 and 1894, coupled with a major depression, heightened the level of class conflict. Hundreds of thousands of American workers had “taken to the road,” both as a form of political protest and to look for work. When one of these “tramp armies” reached Buffalo, it was greeted by a show of working class solidarity among the Polish immigrant community, and by massive police repression under the control of the bourgeoisie. This paper analyzes the economic, political, and social context of those events.Every workingman is a tramp in embryo. [Alarm, October 11,1884]The policemen swung their long nightsticks right and left, left and right, and every time they hit a man he fell bleeding like a stuck pig, and whining and moaning like a kicked dog… . The horses were pulled up on their hind legs; they pawed the air with their front legs and mowed down the hoboes like grass, tearing their scalps open and bruising and wounding them. [Buffalo Evening News, August 25, 1894]
Discretion, Exchange and Social Control: Bail Bondsmen in Criminal Courts
Authors: Dill Forrest 
Published: June 2006

An impression widely held has it that American criminal courts are caught in a crisis. The manifestations of this presumably critical condition are well-known: ever-expanding workloads; indigent defendants held for weeks, months, and sometimes years of pre-trial confinement; officials and attorneys preoccupied with the mechanics of “plea bargains” instead of the intricacies of trials; protracted delays in settling some cases; disposition of other cases by means of arbitrary and prejudicial techniques; pervasive inequalities in sentencing decisions, and so on.During the last five years, these symptoms have received attention from a number of respected journalists (James, 1971; Downie, 1972; Jackson, 1974). Criminal courts and their ailments have come under extensive study by several recent government commissions (President's Commission, 1967; Skolnick, 1969; National Advisory Commission, 1973). Social scientists have also shown increasing interest in these problems (Skolnick, 1967; Blumberg, 1970; Mileski, 1971; Levin, 1972; Mather, 1974).