Law & PolicyPub Date : 2022-07-16DOI: 10.1111/lapo.12194
Nicole Bedera
{"title":"The illusion of choice: Organizational dependency and the neutralization of university sexual assault complaints","authors":"Nicole Bedera","doi":"10.1111/lapo.12194","DOIUrl":"https://doi.org/10.1111/lapo.12194","url":null,"abstract":"<p>In response to new regulations, universities have created multiple options for managing sexual misconduct complaints. These options are described as maximizing survivors' autonomy through feminist paradigms of choice. This study uses data from ethnographic observation and 76 interviews with survivors, perpetrators, and administrators to examine whether providing options gave survivors control over their complaints. The findings indicate that survivors found the complicated and vague sexual misconduct policies overwhelming and confusing. As a result, they became dependent on university actors in decision-making, giving the university more control over survivors' complaints as institutional actors guided survivors to options that required minimal university action.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 3","pages":"208-229"},"PeriodicalIF":1.3,"publicationDate":"2022-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12194","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91912967","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 : 2022-07-01DOI: 10.1111/lapo.12193
Juan R. Sandoval, Sarah E. Lageson
{"title":"Patchwork disclosure: Divergent public access and personal privacy across criminal record disclosure policy in the United States","authors":"Juan R. Sandoval, Sarah E. Lageson","doi":"10.1111/lapo.12193","DOIUrl":"https://doi.org/10.1111/lapo.12193","url":null,"abstract":"<p>Scholars have paid minimal attention to state statutory guidance that allows criminal justice agencies to disclose records that contain personal information about arrestees, defendants, and incarcerated people. We analyze US state policy for police, courts, prisons, and record repositories (<i>N</i> = 200). Most states restrict access to compiled criminal histories, but nearly all allow broad public access to agency records. Divergent policy guidance accounts for these differences, where transparency laws govern agency records while state criminal codes regulate records of arrest and prosecution, otherwise known as RAP sheets. These policy differences contribute to widespread disclosures of non-conviction records, raising questions about due process and inequality in the big data age.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 3","pages":"255-277"},"PeriodicalIF":1.3,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90131776","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 : 2022-05-26DOI: 10.1111/lapo.12192
Hillary Mellinger
{"title":"Interpretation at the Asylum Office","authors":"Hillary Mellinger","doi":"10.1111/lapo.12192","DOIUrl":"https://doi.org/10.1111/lapo.12192","url":null,"abstract":"<p>The United States requires asylum applicants to bring their own interpreters to the Asylum Office. However, asylum officers have discretion to provide interpreters in extraordinary circumstances. When do asylum officers exercise this discretion? Is it exercised uniformly? How do interpreters affect interview dynamics? To explore these questions, I conducted 28 attorney interviews. Interviewees reported that asylum officers inconsistently exercised discretion and provided unaccompanied children with interpreters more often than adults. Interviewees noted that some bilingual officers conducted interviews in a language other than English, and some interpreters exacerbated communication challenges. Since the Asylum Office does not collect interpretation data, this study provides a glimpse into interpretation challenges.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 3","pages":"230-254"},"PeriodicalIF":1.3,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12192","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91874425","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 : 2022-04-22DOI: 10.1111/lapo.12187
Elizabeth A. Hoffmann, Elizabeth R. Hoffman
{"title":"Law, compliance, and variation: Proximity and preferences regarding workplace lactation accommodations","authors":"Elizabeth A. Hoffmann, Elizabeth R. Hoffman","doi":"10.1111/lapo.12187","DOIUrl":"10.1111/lapo.12187","url":null,"abstract":"<p>Federal law mandates that employers accommodate lactating workers who wish to express breast milk at work. Lactation's physical demands set lactating employees apart from their coworkers, as lactation requires regular breaks and private rooms to express milk. Although longer breaks and convenient lactation accommodations make for more successful workplace milk expression, many lactating workers lack one or both. During their lactation breaks, some lactating workers wish to maintain workplace productivity, while others seek to relax and reconnect with their nurslings. Although the law mandates basic lactation accommodations, additional consideration must be given to location as well as to the preferences of lactating employees.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 2","pages":"128-143"},"PeriodicalIF":1.3,"publicationDate":"2022-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12187","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131416772","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 : 2022-04-06DOI: 10.1111/lapo.12186
Maxwell Mak, Andrew H. Sidman
{"title":"The Voting Rights Act and the curious case of three-judge district court panels","authors":"Maxwell Mak, Andrew H. Sidman","doi":"10.1111/lapo.12186","DOIUrl":"10.1111/lapo.12186","url":null,"abstract":"<p>A major avenue through which Voting Rights Act (VRA) cases are adjudicated is three-judge district court panels. These panels mix district and circuit court judges and exist in federal law to force certain important legal questions to be decided in a multimember environment. Using an original dataset of VRA cases decided by three-judge district court panels, we find that these panels do not operate as intended. We find that the circuit court judges on these panels vote their own preferences consistently, unmoved by strategic or collegial considerations. District court judges, on the other hand, appear to defer to their circuit court brethren.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 2","pages":"185-203"},"PeriodicalIF":1.3,"publicationDate":"2022-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133533562","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 : 2022-03-27DOI: 10.1111/lapo.12185
David Trowbridge
{"title":"Art, not a science: How legal impact organizations identify community need","authors":"David Trowbridge","doi":"10.1111/lapo.12185","DOIUrl":"10.1111/lapo.12185","url":null,"abstract":"<p>The cause lawyering and social movement organization literature explains that movement groups may not prioritize needs that are important to marginalized subgroups within their constituencies. This echoes common and salient critiques within the LGBTQ legal industry. Using a case study of legal organizations within the LGBTQ movement, this article attempts to identify the mechanisms used to determine community need. Contrary to expectations, legal organizations take deliberate and often systematic steps to understand community need and recognize it as central to priority setting. Information flow about needs between large impact groups and smaller state/local groups moves in both directions. However, there are features of these mechanisms that may explain the perceived gap between organizational agendas and community need. The identification of sites and tools for determining need found in this project might provide organizations with guideposts to help them improve practices and close that gap. Finally, the findings here add to our understanding of how lawyers seek to promote organizational accountability.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 2","pages":"144-161"},"PeriodicalIF":1.3,"publicationDate":"2022-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120983080","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 : 2022-03-16DOI: 10.1111/lapo.12184
Lauren A. Fahy
{"title":"Fostering regulator–innovator collaboration at the frontline: A case study of the UK's regulatory sandbox for fintech","authors":"Lauren A. Fahy","doi":"10.1111/lapo.12184","DOIUrl":"10.1111/lapo.12184","url":null,"abstract":"<p>When supervising emerging technologies, regulators are more effective when they collaborate with business. Yet, innovative businesses are often small, inexperienced, and mistrustful. How can regulators motivate them to collaborate? This study examines this question by applying responsive regulation theory to a case study of the United Kingdom's regulatory sandbox for financial technology. This study illustrates how frontline regulatory interactions foster regulator–innovator collaboration, in ways that differ from how these interactions foster collaboration between regulators and the mature industries upon whose study responsive regulation is based. As one of the first academic studies to collect data from sandbox participants, this article offers unique insights into “what works” about the United Kingdom's much-imitated model.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 2","pages":"162-184"},"PeriodicalIF":1.3,"publicationDate":"2022-03-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://ftp.ncbi.nlm.nih.gov/pub/pmc/oa_pdf/3a/fd/LAPO-44-162.PMC9324139.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40674810","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 : 2022-02-07DOI: 10.1111/lapo.12183
Marta Bucholc
{"title":"The anti-LGBTIQ campaign in Poland: The established, the outsiders, and the legal performance of exclusion","authors":"Marta Bucholc","doi":"10.1111/lapo.12183","DOIUrl":"10.1111/lapo.12183","url":null,"abstract":"<p>Since Spring 2019, over 90 local communities in Poland adopted resolutions expressing their rejection of “LGBT ideology.” Based on a content analysis of these resolutions, I show how local lawmaking was used in this case to create and reinforce the social division between the heteronormative majority and Lesbian, Gay, Bisexual, Transgender, Intersex, and Queer people. In the “anti-LGBT resolutions,” majoritarian identities are territorialized by way of a construction of moralized social spaces designed to cast out the minority. Drawing on concepts proposed by Norbert Elias and John L. Scotson, I demonstrate the efficiency of law in the performance of exclusion in three dimensions: institutional, symbolic, and proxemic.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 1","pages":"4-22"},"PeriodicalIF":1.3,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12183","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42098708","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 : 2022-01-28DOI: 10.1111/lapo.12182
Elina Jonitz, Arjen Leerkes
{"title":"Making asylum work? Civic stratification and labor-related regularization among rejected asylum seekers in Germany","authors":"Elina Jonitz, Arjen Leerkes","doi":"10.1111/lapo.12182","DOIUrl":"10.1111/lapo.12182","url":null,"abstract":"<p>Rejected asylum seekers often do not return to their countries of origin and face precarious living conditions in destination countries. Taking Germany as a strategic case, we investigate whether labor-related regularization, or “laborization,” may serve as a solution for such migrants. We analyze the factors determining access to such regularization and how labor-related regularization relates to migrants' needs and aspirations. Based on extensive desk research and interviews with stakeholders, including (rejected) asylum seekers in Stuttgart, we find that laborization provides resourceful and “deserving” individuals with valuable opportunities to realize their aspirations, but it is insufficient to fully address non-deportability.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"44 1","pages":"23-43"},"PeriodicalIF":1.3,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12182","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49546786","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}