Law & Policy最新文献

{"title":"Addressing urban disorder without police: How Seattle's LEAD program responds to behavioral-health-related disruptions, resolves business complaints, and reconfigures the field of public safety","authors":"Forrest Stuart,&nbsp;Katherine Beckett","doi":"10.1111/lapo.12178","DOIUrl":"10.1111/lapo.12178","url":null,"abstract":"<p>Since the late twentieth century, as part of a broad effort to maximize the profitability of commercial spaces and address the complaints of business interests, cities have increasingly criminalized the presence and behavior of populations perceived as disorderly. The resulting police interactions produce a range of deleterious outcomes, particularly for individuals contending with mental health and substance use disorders, homelessness, and other behavioral health concerns. Against this backdrop, we provide a case study of Let Everyone Advance with Dignity (LEAD), a novel public safety intervention developed in Seattle, Washington. LEAD diverts businesses' disorder complaints from police and 911 toward program personnel who provide long-term harm reduction services and resources. LEAD's non-punitive approach has demonstrated success in reducing the harms of criminalization, improving individual outcomes, satisfying business grievances, and, more broadly, disrupting the defining logic and practices of neoliberal urbanism. LEAD's successes carry theoretical implications, demonstrating the need for nonpolice alternatives to reconfigure the organizational field of public safety by intervening into the longstanding coalition between businesses and police. The LEAD model also offers insights about the concrete steps necessary to ensure public safety and community vitality without police involvement.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"43 4","pages":"390-414"},"PeriodicalIF":1.3,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42600804","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}

{"title":"Quality over quantity: Legal representation at the Asylum Office","authors":"Hillary Mellinger","doi":"10.1111/lapo.12177","DOIUrl":"10.1111/lapo.12177","url":null,"abstract":"<p>Quantitative studies emphasize a positive relationship between legal representation and asylum case outcomes but are stymied by potential case-selection bias. Moreover, few studies address whether an attorney's quality level might affect case outcomes or how high-quality representation should be conceptualized. The present study informs this literature by drawing on 28 interviews with immigration attorneys who practice before the Asylum Office. It finds that most interviewees accept challenging asylum cases and share a “big picture” understanding of what high-quality representation should entail. However, interviewees differ in their approach to declaration writing and their perceptions of the quality level of the private bar.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"43 4","pages":"368-389"},"PeriodicalIF":1.3,"publicationDate":"2021-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46281261","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}

{"title":"Listening to snitches: Race/ethnicity, English proficiency, and access to welfare fraud enforcement systems","authors":"Spencer Headworth,&nbsp;Viridiana Ríos","doi":"10.1111/lapo.12176","DOIUrl":"10.1111/lapo.12176","url":null,"abstract":"<p>How does the state respond to members of the public seeking to mobilize its coercive power? Focusing on welfare fraud control units in the United States, we examine how race/ethnicity and written English proficiency affect access to systems for reporting welfare fraud suspicions. Using a correspondence audit, we assess fraud control authorities' likelihood of taking up reports from Latinas and Whites with higher and lower English proficiency. We find that fraud units are less likely to take up lower-proficiency Whites' reports, but that lower proficiency's uptake-dampening effect does not hold for Latinas. To explain the mechanisms underlying our experimental results, we draw on interviews with fraud investigators. The interview evidence reveals the determinations of investigative promise underlying these uptake disparities. For White reporters, English errors cue gatekeepers' preexisting skepticism about public reporters' reliability, decreasing enthusiasm for investing resources in these reports. Reports from lower-English proficiency Latinas offer special viability appeal, however, offsetting the negative influence on uptake probability that errors demonstrate for White reporters. Our results shed new light on contemporary racial/ethnic dynamics in the US welfare system, and advance social scientific understanding of how bureaucratic gatekeepers decide what to do—if anything—with volunteered reports of misconduct.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"43 4","pages":"319-347"},"PeriodicalIF":1.3,"publicationDate":"2021-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46511684","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}

{"title":"Rethinking Supreme Court power in the study of judicial impact","authors":"Logan Strother","doi":"10.1111/lapo.12175","DOIUrl":"10.1111/lapo.12175","url":null,"abstract":"<p>The extent to which courts meaningfully affect policy change has been the subject of heated debate among socio-legal and other public law scholars. I argue here that one key source of tension in the literature has been the lack of any clear theory of judicial power, especially in compliance and other impact studies. Indeed, many studies have conflated “impact” and power—a move that serves to confuse rather than clarify the topic. In this paper, I outline a theory of judicial power for the study of judicial impact. I then demonstrate the utility of this theory using two historical case studies. Ultimately, I argue that this theory allows for clearer and better-grounded inferences about the roles played by courts in policy and politics.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"43 4","pages":"348-367"},"PeriodicalIF":1.3,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49520667","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}

{"title":"Privacy protections and law enforcement use of prescription drug monitoring databases","authors":"Anne E. Boustead","doi":"10.1111/lapo.12174","DOIUrl":"https://doi.org/10.1111/lapo.12174","url":null,"abstract":"Prescription drug monitoring programs (PDMPs) are databases that can be used by healthcare professionals to identify problematic drug-seeking behavior. Law enforcement officers can also obtain PDMP information, raising significant privacy concerns. In this paper, I use regression analysis to explore the association between state PDMP protections and law enforcement information requests. I find that while requiring law enforcement to meet a specified standard of proof prior to accessing PDMP information is associated with fewer requests, other methods of regulating law enforcement access are not. These findings provide important and novel evidence about law enforcement behavior in response to privacy protections.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"102 3","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138512738","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}

{"title":"Restorative nodes of governance in the Anthropocene: Iran's Kashaf River","authors":"John Braithwaite, Honeye Hojabrosadati, Miranda Forsyth","doi":"10.1111/lapo.12173","DOIUrl":"https://doi.org/10.1111/lapo.12173","url":null,"abstract":"This article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; networked discovery of Awareness, Motivation, and Pathways for transformation; and a green ethic of care to guide transformation. We use an imaginary of a river to learn from a confluence of these ideas. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge uncovered is that restorative microstrategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of nodal governance may bring forth more responsive escalation in order to confront privilege. Yet such strategies might be more creatively escalated as nodes of conversational regulation that reconfigure Shearing's five insights to transform landscapes of power. A coherence discovered inductively across these insights revolves around restorative nodal contestation of hegemony. Even lives as infused with domination as those found along the Kashaf River in Iran, where our case study is set, can be restored in counterhegemonic ways.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"12 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138512736","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}

{"title":"The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform","authors":"C. Hsu","doi":"10.1111/LAPO.12171","DOIUrl":"https://doi.org/10.1111/LAPO.12171","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12171","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49148573","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}

{"title":"Numbing the pain or diffusing the pressure? The co‐optation of PETA's “naming and shaming” campaign against mulesing","authors":"Lev Bromberg","doi":"10.1111/LAPO.12172","DOIUrl":"https://doi.org/10.1111/LAPO.12172","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12172","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43958491","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}

{"title":"Restorative nodes of governance in the Anthropocene: Iran's Kashaf River","authors":"J. Braithwaite, Honeye Hojabrosadati, M. Forsyth","doi":"10.2139/ssrn.3439910","DOIUrl":"https://doi.org/10.2139/ssrn.3439910","url":null,"abstract":"Environmental collapse along the Kashaf River in Iran is about desertification, climate change and heavy metal pollution. The river concentrates a nest of intertwined crises about urban squatters, drugs, crime, public health, marginalization, state and city planning and threats to the legitimacy and survival of the state itself. Five Clifford Shearing ideas are woven into the theoretical fabric of the article: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; and AMP – networked discovery of Awareness, Motivation and Pathways for transformation; and a green ethic of care to guide transformation. These microdynamics arise in a Kashaf River imaginary that different societies might learn from. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge is that restorative micro-strategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of policycentric governance are needed for responsive escalation to confront privilege. Yet they too may be more creatively escalated nodes of conversational regulation. Multi-level response to a multi-level problem by multi-level governance is the topic of this paper. Ultimately, it grapples with what kinds of institutions of regulation are needed for multi-level responses to polycentric problems. It first documents a crisis of river pollution on the Kashaf River near Mashad, Iran and diagnoses the intersection of this with larger crises of regional water depletion and global warming. The river is drying up and suffering catastrophic heavy metal pollution (Sheikh et al. 2013). It proves not only an environmentally wicked problem, but socially and politically complex. The article proceeds by first narrating the unfolding layers of crisis. Then it catalogues different layers of regulatory failure across several decades. Finally some decisive moments of transformation of the regulatory storybook for the Kashaf River are considered. This transformation grows significantly from the nodal leadership of a 1 This paper is part of a Linkage project between the Environment Protection Authority (Victoria, Australia) and RegNet at the Australian National University that is funded by the Australian Research Council. 2 Kashafrood or Kashafrud is a river that flows from the Hezar Mountains in Razavi Khorasan Province in northeast of Iran. After passing near the cities of Radkanand Chenaran in Razavi Khorasan Province and then north and east to Mashhad, the Kashf River joins the Harirud River at the frontier of Iran and Turkmenistan. It flows for 240 km. Marshad is the main city on the river and Tus is another important urban centre on the river. Electronic copy available at: https://ssrn.com/abstract=3439910","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42723426","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}

{"title":"Targeted sympathy in “whore court”: Criminal justice actors' perceptions of prostitution diversion programs","authors":"Chrysanthi S. Leon, Corey S. Shdaimah","doi":"10.1111/LAPO.12166","DOIUrl":"https://doi.org/10.1111/LAPO.12166","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12166","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41694106","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}