Law & PolicyPub Date : 2026-03-16DOI: 10.1111/lapo.70013
Serrin Rutledge-Prior
{"title":"Invisible Victims, Invisible Crimes: Institutional Erasures of Animals as Victims of Cruelty","authors":"Serrin Rutledge-Prior","doi":"10.1111/lapo.70013","DOIUrl":"https://doi.org/10.1111/lapo.70013","url":null,"abstract":"<p>To receive justice in the legal system, one must be seen by the legal system; this is as true for nonhuman animal victims of crime as it is for human victims. Situating animal cruelty within the invisible crimes framework, this paper highlights the paucity of research on prosecutions and sentencing under animal welfare law. Due in part to a lack of transparency in the public and private institutions that regulate animal welfare, our understanding of how animals are recognized within legal systems has so far relied heavily on critiques of animal welfare legislation as written. Drawing on an original database of Australian prosecutions of cruelty cases (<i>n</i> = 552) involving “pet” animals, this paper offers new, empirically centered perspectives on the legal treatment of animals. It calls for an expansion of the invisible crimes framework to include “invisible victims” and supports recent calls for animals to be recognized as crime victims.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 2","pages":""},"PeriodicalIF":1.6,"publicationDate":"2026-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.70013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147566122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2026-02-15DOI: 10.1111/lapo.70012
Chengchen He, Enshen Li
{"title":"Front-Footed Defense: Leveraging Early Counsel Intervention for Expedited Justice","authors":"Chengchen He, Enshen Li","doi":"10.1111/lapo.70012","DOIUrl":"https://doi.org/10.1111/lapo.70012","url":null,"abstract":"<p>Contemporary criminal justice systems have increasingly prioritized efficiency as a key guiding principle in their institutional processes. This research examines the role of defense counsel to analyze whether and how lawyers strategically adapt their advocacy methods as they balance the demands of procedural efficiency with their professional ethical duty to safeguard defendants' rights and interests. Drawing on participant observations and interviews with defense counsel in the People's Republic of China (China), our findings manifest a widely held professional tenet among Chinese lawyers – ‘early defense is the best defense’. In short, optimal advocacy is contingent upon timely and tactical involvement at the pre-trial stage. As police and procuratorates assume greater discretionary power in shaping case resolutions, the capacity of defense counsel to intervene promptly and effectively during the investigatory and prosecutorial processes is critical in ensuring favorable outcomes for defendants. Yet, this strategic advantage gradually diminishes as the case progresses into the formal adjudication phase. At both trial and appellate levels, defense counsel face significant limitations in their power to persuade judicial authorities to overturn prior decisions made by their institutional counterparts.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 2","pages":""},"PeriodicalIF":1.6,"publicationDate":"2026-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.70012","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146224242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2026-02-15DOI: 10.1111/lapo.70011
Elena Amaya, Delaney Mosca, Jordan Grasso, Keramet Reiter
{"title":"Bifurcating Relief and Legitimating Mass Incarceration: An Analysis of Obama's Clemency Initiative","authors":"Elena Amaya, Delaney Mosca, Jordan Grasso, Keramet Reiter","doi":"10.1111/lapo.70011","DOIUrl":"https://doi.org/10.1111/lapo.70011","url":null,"abstract":"<p>In April 2014, then-President Barack Obama announced an initiative to grant clemency to thousands of federal prisoners serving long sentences for non-violent crimes, targeting a reduction in racial disparities in drug-crime sentences. Critiques of the initiative's implementation abound, but 1715 people ultimately received clemency—more than under any previous president. We investigate Obama Clemency Initiative outcomes, focusing on the total pool of clemency applicants. Using clemency applicant data from the Office of the Pardon Attorney combined with “inmate locator” data from the Federal Bureau of Prisons, we construct a dataset of the 20,464 individuals who applied for clemency and had their petitions reviewed during Obama's presidency. After the Initiative was announced, overall demographic patterns of reviewed applicants shifted, becoming increasingly diverse in terms of race and age (but not sex). Notably, the proportion of White petitioners who applied for and received clemency more than doubled, while the proportion of Black petitioners who applied for and received clemency declined, suggesting that the Initiative's aims of equity were not fully realized across racial groups. We consider the theoretical implications of these patterns for understanding the role of clemency in the legal system and its potential as a tool of policy reform.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 2","pages":""},"PeriodicalIF":1.6,"publicationDate":"2026-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.70011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"146217158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2025-12-02DOI: 10.1111/lapo.70008
Marie-Amélie George
{"title":"Win, Lose, or Draw: Using LGBTQ+ Legal History to Reassess Social Movement Outcomes","authors":"Marie-Amélie George","doi":"10.1111/lapo.70008","DOIUrl":"https://doi.org/10.1111/lapo.70008","url":null,"abstract":"<p>In 1992, Colorado's citizens enacted Amendment 2, a ballot initiative that prevented governmental entities from extending antidiscrimination protections to gays and lesbians. That same year, Oregon's voters rejected a similar measure. At first glance, it may seem that queer rights advocates experienced a loss in Colorado and a victory in Oregon. But the story is much more complicated than this simple framing suggests. This article draws on extensive original archival research to analyze these historical events, focusing on a striking paradox at the heart of Amendment 2: the initiative was simultaneously a stunning rebuke to the queer rights movement and a series of notable victories for gay and lesbian rights advocates. It uses the history of both the Colorado and Oregon ballot measures to build a new typology for evaluating social movement success, one that categorizes outcomes as comparative, adversarial, and contingent victories. This reformulation offers scholars a more robust framework of analysis for identifying wins, losses, and draws. It also helps contemporary social movements better assess their potential to secure essential gains.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2025-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.70008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145694973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2025-11-23DOI: 10.1111/lapo.70007
Sophie Andreetta
{"title":"Human Dignity on Trial: Welfare Judges, Immigration Politics and Social Change","authors":"Sophie Andreetta","doi":"10.1111/lapo.70007","DOIUrl":"https://doi.org/10.1111/lapo.70007","url":null,"abstract":"<div>\u0000 \u0000 <p>Building on ethnographic fieldwork in welfare hearings in French-speaking Belgium, this article explores how judges decide between irregular migrants claiming social assistance and the public welfare administrations refusing such claims. Investigating these cases helps to analyze how members of the bench establish truthfulness and ponder the social and political consequences of their decisions. In these contexts, irregular migrants, despite being the more disadvantaged party to the case, regularly win against the state. At the theoretical level, this article provides a counterpoint to two general trends in sociolegal and migration studies. First, it nuances the idea that judicial proceedings generally tend to further or reproduce inequalities by showing how courts can, under certain conditions, help uphold migrants' rights against the state. Second, it highlights the importance of law and formal institutions in the governance of precarious migrants.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2025-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145581213","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2025-11-23DOI: 10.1111/lapo.70009
Maya Pagni Barak, Katherine R. Abbott, Hillary Mellinger, Meagan A. Hebert
{"title":"The Client Is the Cause: Motivation, Activism, and Cause Lawyering Among Immigration Attorneys in the Trump Era","authors":"Maya Pagni Barak, Katherine R. Abbott, Hillary Mellinger, Meagan A. Hebert","doi":"10.1111/lapo.70009","DOIUrl":"https://doi.org/10.1111/lapo.70009","url":null,"abstract":"<div>\u0000 \u0000 <p>What drives individuals to become immigration attorneys? Although much has been written about what motivates people to become lawyers broadly, little is known about the motivations and backgrounds of immigration attorneys. It has been suggested that immigration attorneys are “cause lawyers,” motivated by a desire to engage in immigration activism, advocacy, and reform. Drawing upon a national study of immigration attorneys conducted during Donald Trump's first presidential term, this paper explores the role of these and other established motivations for practicing law in the immigration context—including law school socialization, economic incentives and working conditions, and the social backgrounds, personal values and identities of lawyers. Interview findings reveal that immigration attorneys are not cause lawyers, at least not as traditionally defined in the sociolegal literature. Implications for the immigration bar and the future of immigration reform are discussed.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2025-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145581214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2025-11-23DOI: 10.1111/lapo.70006
Cordula Tibi Weber, Mariana Llanos, Pedro Martins da Costa
{"title":"Courts and Social Participation in Latin America: The Use of Public Hearings and Amici Curiae","authors":"Cordula Tibi Weber, Mariana Llanos, Pedro Martins da Costa","doi":"10.1111/lapo.70006","DOIUrl":"https://doi.org/10.1111/lapo.70006","url":null,"abstract":"<p>Under what conditions do courts implement mechanisms of social participation in judicial decision-making? Over the last two decades, Latin American constitutional and supreme courts have been opening themselves up to the public through institutional innovations such as public hearings and the acceptance of <i>amicus curiae</i> briefs. This paper analyses such court behavior from a comparative perspective. Theoretically, we argue that the implementation of these mechanisms requires both the presence of a court composition that values openness (ideational factors) and the contextual incentives to use them (with strategic considerations). Our empirical analysis consists of three steps: First, to assess the frequency of use and influence of the mechanisms in practice, we designed an expert survey and implemented it in 10 Latin American countries during the course of 2022. Second, three in-depth studies of Argentina, Ecuador, and Uruguay allowed us to explore the causal relationship between the conditioning factors and the degree of court openness. Third, we briefly evaluate the impact of court openness on trust in high courts. Only the consistent and regular use of social-participation mechanisms can help to improve trust, and our empirical analysis shows that this has only happened in the case of Colombia.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"48 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2025-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.70006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"145581207","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Law & PolicyPub Date : 2025-08-03DOI: 10.1111/lapo.70004
Kayla Gurganus
{"title":"Supreme Court Power and Agency Implementation in Environmental Litigation","authors":"Kayla Gurganus","doi":"10.1111/lapo.70004","DOIUrl":"https://doi.org/10.1111/lapo.70004","url":null,"abstract":"<div>\u0000 \u0000 <p>This research examines the ability of the United States Supreme Court to influence behavioral change by federal environmental agencies through theories of Supreme Court power and principal–agent dynamics. I use a series of case studies to demonstrate Environmental Protection Agency and Army Corps of Engineers responses to publicly salient Supreme Court decisions, finding that agencies tend to behave as agents of the Supreme Court, even when faced with unpopular decisions.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 4","pages":""},"PeriodicalIF":1.6,"publicationDate":"2025-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"144767532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}