Law & Policy最新文献_第3页

Court-hoarding: Another method of gaming judicial turnover 囤积法庭：博弈司法更替的另一种方法

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-24 DOI: 10.1111/lapo.12238

Patrick Leisure, David Kosař

{"title":"Court-hoarding: Another method of gaming judicial turnover","authors":"Patrick Leisure, David Kosař","doi":"10.1111/lapo.12238","DOIUrl":"10.1111/lapo.12238","url":null,"abstract":"While a slew of recent scholarship has examined the phenomenon of executive overstay, there is little talk about the more complex and equally vexing phenomena of judicial overstay. This article begins to examine the many layers and complexities of judicial overstay by exploring whether the political branches ever seek to prolong abusively the time in office of loyal judges, and if so, by what mechanisms. Illustrating this is not merely a theoretical practice, we label such a phenomenon court-hoarding, and consider it a subset of the broader category of judicial overstay. Our contribution is two-fold. First, we argue that while court-hoarding is a somewhat risky and less-known governance tactic that is likely to occur only when certain conditions are fulfilled, the potential benefits of court-hoarding for power consolidation and institutional monopoly power are profound. Second, we contribute to the emerging literature on judicial tenure. More specifically, we add conceptual utility to thinking about judicial tenure—and its abuse—by describing a three-layer model of court-hoarding, consisting of a core, a mid-layer, and a periphery, which correspond to three broad categories of influencing judicial tenure across time and space.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 4","pages":"328-348"},"PeriodicalIF":1.2,"publicationDate":"2024-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12238","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140301074","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}

引用次数: 0

“Culture and practice eat documents for lunch:” Norms and procedures in the 2020 election cases "文化和实践把文件当午餐："2020 年选举案例中的规范和程序

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-11 DOI: 10.1111/lapo.12241

Michael A. Dichio, Igor Logvinenko

{"title":"“Culture and practice eat documents for lunch:” Norms and procedures in the 2020 election cases","authors":"Michael A. Dichio, Igor Logvinenko","doi":"10.1111/lapo.12241","DOIUrl":"10.1111/lapo.12241","url":null,"abstract":"The US Supreme Court has been rightfully criticized for its role in contributing to the anti-democratic processes in the United States. However, the focus on the apex court overlooks the potential for the judiciary as a whole to support democratic institutions. In the aftermath of the 2020 US presidential election, a series of lawsuits contesting the results were filed in federal courts, overseen by judges appointed by presidents from both major parties. Despite the prevailing perception of courts as politically influenced, every one of these cases ruled against the former President Trump's claims. This research delves into the influence of judicial norms and legal profession culture, intertwined with specific procedural doctrines such as Article III standing and justiciability. The study contends that these procedural rules, deeply ingrained within the culture of the legal profession in the United States, served as a crucial mechanism upholding judicial independence. The analysis draws from the texts of the 2020 election-related court decisions and interviews with 17 legal experts, primarily consisting of federal and state Supreme Court judges.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 3","pages":"298-324"},"PeriodicalIF":1.2,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12241","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140116789","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}

引用次数: 0

Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines 亚洲的法院和独裁民粹主义：印度尼西亚和菲律宾的思考

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-11 DOI: 10.1111/lapo.12240

Björn Dressel, Cristina Regina Bonoan

{"title":"Courts and authoritarian populism in Asia: Reflections from Indonesia and the Philippines","authors":"Björn Dressel, Cristina Regina Bonoan","doi":"10.1111/lapo.12240","DOIUrl":"10.1111/lapo.12240","url":null,"abstract":"Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia's most important presidential regimes: the Philippines and Indonesia. In the Philippines, President Duterte (2016–2022) has shown unprecedented illiberal transgressions. Meanwhile in Indonesia, Joko Widodo's increasingly assertive presidency (2014–) has renewed concerns about “democratic backsliding” in what to date has been one of the region's most vibrant democracies. In both instances, courts have been largely muted in responding to these developments, raising concerns about their ability to counter democratic backsliding. A distinct political agenda targeting the courts through partisan control over parliament to pursue illiberal goals; undue presidential influence over judicial appointments reinforced by informal loyalty dynamics; and traditionally weak public support for the courts versus high executive popularity are critical drivers behind this trend. Nevertheless, the inherent fragility of competitive-clientelist regimes common to the region also offers courts the opportunity to recover and resist such efforts, especially in electoral democracies.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 3","pages":"277-297"},"PeriodicalIF":1.2,"publicationDate":"2024-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12240","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140108318","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}

引用次数: 0

Legitimacy of parole as a consequence of policy shock: The lived experiences of incarcerated persons during the parole moratorium in Pennsylvania, U.S. 假释的合法性是政策冲击的结果：美国宾夕法尼亚州暂停假释期间被监禁者的生活经历。

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-03-07 DOI: 10.1111/lapo.12239

Yu-Heng Chen, E. Rely Vîlcică, Jeffrey T. Ward, Makayla Maynard, Cadee Eberhardt, Ajima Olaghere

引用次数: 0

From the rotting soil grows the poison ivy: The Supreme Court and the legitimation of Herrenvolk democracy 从腐烂的土壤中生长出毒藤：最高法院与 Herrenvolk 民主的合法化

IF 1.2 3区社会学

Law & Policy Pub Date : 2024-02-25 DOI: 10.1111/lapo.12236

Julie Novkov

引用次数: 0

The U.S. Supreme Court and democratic backsliding 美国最高法院与民主倒退

IF 1.3 3区社会学

Law & Policy Pub Date : 2024-02-20 DOI: 10.1111/lapo.12237

Thomas M. Keck

{"title":"The U.S. Supreme Court and democratic backsliding","authors":"Thomas M. Keck","doi":"10.1111/lapo.12237","DOIUrl":"10.1111/lapo.12237","url":null,"abstract":"This paper assesses the performance of the Supreme Court as democratic guardrail during five prior periods of democratic crisis in the United States. It finds that most such periods witnessed efforts by the governing regime to entrench themselves in power, and that the Court has rarely provided an effective check on such democratic abuses. Rather than serving as a reliable democratic guardrail, the Court has regularly exercised what Dixon and Landau call “weak-form abusive judicial review”; that is, it has declined to check attacks on democracy emerging from other centers of power. On one occasion, the Court has undermined democracy even more directly via “strong-form abusive judicial review”; that is, the Court itself attacked key democratic guardrails. This historical record provides a helpful baseline for evaluating the Court's performance during the Trump era, when it has taken actions that both protect and undermine democratic health. Conflicting signs indicate that the Court is playing a more democracy-protective role than most of its predecessors in some respects, but a more democracy-undermining role in others. As such, it is too soon to say with confidence whether the contemporary Court will be remembered, on balance, for resolving or exacerbating a system-threatening constitutional crisis.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 2","pages":"197-218"},"PeriodicalIF":1.3,"publicationDate":"2024-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12237","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139955741","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}

引用次数: 0

Law, political economy and war reparation: The case of Bosnia and Herzegovina 法律、政治经济和战争赔偿：波斯尼亚和黑塞哥维那案例

IF 1.3 3区社会学

Law & Policy Pub Date : 2024-01-30 DOI: 10.1111/lapo.12235

Alma Begicevic

{"title":"Law, political economy and war reparation: The case of Bosnia and Herzegovina","authors":"Alma Begicevic","doi":"10.1111/lapo.12235","DOIUrl":"https://doi.org/10.1111/lapo.12235","url":null,"abstract":"What are the after-effects of the Bosnia and Herzegovinian (BH) transition from a post-socialist, post-genocide, and post-ethno-nationalist state into a European liberal democracy? This article makes a case for war reparation and argues that while poverty reduction has not been among the stated aims of transitional justice mechanisms, it is of critical importance to study war victims' deprivation in the context of historical patterns of structural injustice and examine liberal reconstruction policies that failed to provide compensation and legal redress for gross violations of human rights and serious violations of humanitarian law. The article uses the historical sociology approach as a method of analysis to investigate how moving away from a socialist to a capitalist economic model, from war to peace, and from one party political system to liberal democracy has resulted in structural injustice and growing levels of poverty that adversely impact most vulnerable Bosnians. The article presents an argument that the lack of post-war reparation programs, coupled with an inadequate emphasis on political regime change, poverty reduction programs and social and economic rights such as access to welfare, cash assistance, food, transportation, education, pension, and disability benefits to ensure the quality of living is detrimental to everyday lives of war victims and people who live at the bottom of the society.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 2","pages":"170-196"},"PeriodicalIF":1.3,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12235","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140343118","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}

引用次数: 0

The impact of investment treaties on domestic governance in developing countries 投资条约对发展中国家国内治理的影响

IF 1.3 3区社会学

Law & Policy Pub Date : 2024-01-04 DOI: 10.1111/lapo.12234

Jonathan Bonnitcha, Zoe Phillips Williams

{"title":"The impact of investment treaties on domestic governance in developing countries","authors":"Jonathan Bonnitcha, Zoe Phillips Williams","doi":"10.1111/lapo.12234","DOIUrl":"10.1111/lapo.12234","url":null,"abstract":"This paper empirically examines the impact of investment treaties on domestic governance in developing countries, through cross-country quantitative analysis and a detailed qualitative case-study on Myanmar. We clarify a variety of mechanisms that plausibly link investment treaties to impacts on domestic governance. Considering incentive, acculturative and political economy mechanisms, we find little evidence that the treaties lead to changes in domestic law, institutional structure or policy-making. The treaties also have surprisingly limited relevance in investor-state bargaining outside formal adjudicatory processes. Overall, our findings point to a profound decoupling between investment treaties and domestic governance; they also clarify the conditions under which such decoupling can persist, notwithstanding material incentives for states to ensure tighter alignment. Rather than interpreting decoupling as a failure of domestic implementation, our case study suggests that the problem is with the treaties themselves, in that they place obligations on developing countries that cannot realistically be implemented.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 2","pages":"140-169"},"PeriodicalIF":1.3,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12234","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139385871","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}

引用次数: 0

Courtroom workgroup dynamics and implementation of Three Strikes reform 法庭工作组动态与三振改革的实施

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-10-22 DOI: 10.1111/lapo.12233

Elsa Y. Chen, Emily Chung, Emily Sands

{"title":"Courtroom workgroup dynamics and implementation of Three Strikes reform","authors":"Elsa Y. Chen, Emily Chung, Emily Sands","doi":"10.1111/lapo.12233","DOIUrl":"10.1111/lapo.12233","url":null,"abstract":"In 2012, California's voters passed a ballot initiative that scaled back the state's “Three Strikes” sentencing law and permitted certain individuals who were serving 25-to-life prison terms to petition for resentencing and potentially release. Using analysis of original qualitative interview data supplemented with court administrative records, this study examines how characteristics of courtroom workgroup members; their intergroup dynamics; political, professional, and administrative considerations; and allocated resources were perceived by court officials to facilitate or impede the implementation of this reform in county courts. Availability of staff and budget was associated with a higher proportion of completed case dispositions in the first 2 years of implementation, but resources were not the only factor associated with timely case processing. Courtroom actors' seniority, experience, and professional security facilitated agreement on processes, schedules, and other details. Small, stable, close-knit groups established routine procedures and developed expertise more quickly, but could not always avoid bottlenecks or delays. Less stable workgroups had higher rates of denial of petitions for resentencing. Positions toward Proposition 36 shaped by political, professional, or other priorities were perceived to influence some elected DAs' positions and line prosecutors' behavior, manifesting in cooperation, opposition, or mixed messages.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 2","pages":"112-139"},"PeriodicalIF":1.3,"publicationDate":"2023-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12233","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135462082","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}

引用次数: 0

Mass deportation and the intensity of policing in the United States' 100-mile border zone: Complicating the “border”/“interior” enforcement binary 大规模驱逐和美国 100 英里边境地区的治安强度：边境"/"内陆 "执法二元结构的复杂化

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-10-16 DOI: 10.1111/lapo.12232

Geoff Boyce

{"title":"Mass deportation and the intensity of policing in the United States' 100-mile border zone: Complicating the “border”/“interior” enforcement binary","authors":"Geoff Boyce","doi":"10.1111/lapo.12232","DOIUrl":"10.1111/lapo.12232","url":null,"abstract":"This paper draws on an expansive archive of internal government records obtained using the US Freedom of Information Act to examine federal, state and local police practice within the United States' 100-mile border zone. Analysis of this archive reveals a large number of “border” enforcement events that involve the arrest of US citizens, lawful permanent residents and others with deep roots in US communities. It further shows how, regardless of where US Border Patrol agents operate, those whom they target overwhelmingly tend to be persons of Latin American origin. Reflecting on these enforcement patterns, the paper argues for the troubling of categorical distinctions between “border” and “interior” enforcement that permeates scholarly, popular and journalistic accounts of the contemporary geography of mass deportation in the United States. As an alternative, the paper calls for greater attention to the “intensity” of immigration policing, as a way to account for multiple overlapping pathways of enforcement and to diagnose how the networked interconnectivity of agencies, personnel, resources and infrastructures involved in these activities amplifies the risks of racial profiling, arrest, and a host of related downstream consequences (family separation, financial hardship, diminished educational performance, and adverse health outcomes) for US citizens and noncitizens alike.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 2","pages":"90-111"},"PeriodicalIF":1.3,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12232","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136142841","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}

引用次数: 0