Journal of Empirical Legal Studies最新文献_第4页

Rankings without U.S. News: A revealed preference approach to evaluating law schools 没有 U.S. News 的排名：评估法学院的揭示偏好法

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-04-11 DOI: 10.1111/jels.12380

Jesse Rothstein, Albert Yoon

{"title":"Rankings without U.S. News: A revealed preference approach to evaluating law schools","authors":"Jesse Rothstein, Albert Yoon","doi":"10.1111/jels.12380","DOIUrl":"10.1111/jels.12380","url":null,"abstract":"Since their inception in 1989, the U.S. News & World Report law school rankings have influenced how schools, students, and the legal profession itself think about legal education. In the Fall of 2022, however, several of the most selective law schools formally withdrew from the annual rankings. In so doing, these schools laid bare longstanding criticisms of the rankings' questionable criteria and opaque methodology. While the long-term effect of this boycott remains to be seen, school rankings are likely here to stay. In this Article we design a more informative approach to rankings, based on actual decisions students make. Using individual-level data provided by the Law School Admissions Council (LSAC), we analyze the universe of applicants to U.S. law schools for the period 1988 through 2017. In so doing, we are the first to create a revealed preference ranking based solely on where applicants matriculate given offers of admission. Our approach relies neither on potentially faulty data collection from schools nor arbitrary decisions about which factors to emphasize in rankings, thereby minimizing the scope for manipulation. It also allows us to quantify the magnitude of differences in preferences among schools and to test their statistical significance. Matriculants reveal a strong preference for a handful of the most selective schools; outside of the top tier, however, matriculants do not appear to draw meaningful distinctions between schools ranked adjacently or even near to each other. While existing school rankings sow more confusion than clarity, our analysis provides a rigorous and transparent alternative, and a blueprint for redesigning school rankings.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 2","pages":"279-336"},"PeriodicalIF":1.7,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12380","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140583384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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

Litigation with negative expected value suits: An experimental analysis 负期望值诉讼：实验分析

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-04-01 DOI: 10.1111/jels.12382

Cary Deck, Paul Pecorino, Michael Solomon

引用次数: 0

The role of character-based personal mitigation in sentencing judgments 基于性格的个人减刑在量刑判决中的作用

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-01-13 DOI: 10.1111/jels.12376

Ian K. Belton, Mandeep K. Dhami

引用次数: 0

“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court "他们不让我们发言"：巴西最高法院审议中的性别、合议和中断

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-01-13 DOI: 10.1111/jels.12379

Diego Werneck Arguelhes, Juliana Cesario Alvim, Rafaela Nogueira, Henrique Wang

{"title":"“They don't let us speak”: Gender, collegiality, and interruptions in deliberations in the Brazilian Supreme Court","authors":"Diego Werneck Arguelhes, Juliana Cesario Alvim, Rafaela Nogueira, Henrique Wang","doi":"10.1111/jels.12379","DOIUrl":"10.1111/jels.12379","url":null,"abstract":"In this paper, we examine a database containing court rulings and debates (acórdãos) of the Brazilian Supreme Court (“STF”) spanning from 1999 to 2018. Our objective is to analyze the relationship between gender and how judges behave when interacting with each other. Specifically, we investigate whether female judges are more likely to be interrupted by their colleagues during oral debates. Our data are built on real-time public interactions between the judges, as recorded in the Court's transcripts. The results show that female STF judges are interrupted more often than their male counterparts. While male judges display no specific effects, all three female judges in our data display a very significant and positive probability of being interrupted, as compared to their male colleagues participating in the same deliberations. These results show that, even in institutions designed to protect rights of political minorities, including women, gender dynamics, stereotypes and hierarchies can affect the functioning of courts in visible ways, with potential impacts on the rest of the judiciary and the legal profession. They also suggest that merely increasing the number of female judges, without addressing underlying gender dynamics and procedural rules in the judicial decision-making process, is insufficient to tackle the disadvantages women face within those institutions.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 1","pages":"174-207"},"PeriodicalIF":1.7,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139465230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Bargaining power in the market for intellectual property: Evidence from licensing contract terms 知识产权市场的议价能力：来自许可合同条款的证据

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-01-03 DOI: 10.1111/jels.12374

Gaurav Kankanhalli, Alan Kwan

引用次数: 0

Consent searches and underestimation of compliance: Robustness to type of search, consequences of search, and demographic sample 同意搜索和低估合规性：搜索类型、搜索后果和人口统计样本的稳健性

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-12-26 DOI: 10.1111/jels.12375

Roseanna Sommers, Vanessa K. Bohns

{"title":"Consent searches and underestimation of compliance: Robustness to type of search, consequences of search, and demographic sample","authors":"Roseanna Sommers, Vanessa K. Bohns","doi":"10.1111/jels.12375","DOIUrl":"10.1111/jels.12375","url":null,"abstract":"Most police searches today are authorized by citizens' consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer's request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants (“Experiencers”) with intrusive search requests and measured their behavioral compliance and self-reported feelings of psychological freedom. Another group of participants (“Forecasters”) reported whether they would comply if hypothetically placed in the same situation. Study 1 investigated participants' willingness to allow experimenters access to their unlocked personal smartphones in order to read through the search histories on their web browsers—a private sphere where many individuals feel they have something to hide. Results revealed that whereas 27% of Forecasters reported they would permit such a search, 92% of Experiencers complied when asked. Study 2 replicated this underestimation-of-compliance effect when individuals were asked to permit a search of their purses, backpacks, and other bags—traditional searches not eligible for the heightened legal protection extended to digital devices. Study 3 replicated the gap between Forecasters' projections and Experiencers' behavior in a more representative sample, and found it persists even when participants' predictions are incentivized monetarily.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 1","pages":"4-34"},"PeriodicalIF":1.7,"publicationDate":"2023-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12375","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139071779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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

Consent searches: Evaluating the usefulness of a common and highly discretionary police practice 同意搜查：评估一种常见的、具有高度自由裁量权的警察做法的效用

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-12-21 DOI: 10.1111/jels.12377

Megan Dias, Derek A. Epp, Marcel Roman, Hannah L. Walker

引用次数: 0

Constitutional accountability for police shootings 警察枪击案的宪法问责

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-12-20 DOI: 10.1111/jels.12378

Greg Goelzhauser

{"title":"Constitutional accountability for police shootings","authors":"Greg Goelzhauser","doi":"10.1111/jels.12378","DOIUrl":"10.1111/jels.12378","url":null,"abstract":"Constitutional accountability for police shootings is imposed in part through civil rights lawsuits alleging Fourth Amendment violations, but little is known about how judges evaluate these claims. I introduce original data on all federal circuit court decisions resolving Fourth Amendment excessive force claims in police shooting cases over three decades. The quasi-random assignment of a majority-Republican panel substantially increases the probability of circuit courts finding a police shooting to be constitutional. Capturing law's influence by mapping case facts to the three-part analytical framework delineated by the Supreme Court in Graham v. Connor, I find that active resistance and threat immediacy are associated with increases in the probability of finding police shootings to be constitutional, but crime severity is not systematically associated with outcomes. In addition, there is evidence that law conditions the effect of politics, with increases in latent Fourth Amendment reasonableness narrowing the partisan outcome gap in constitutional assessments. The quasi-random assignment of a Black judge does not impact outcomes. The results have important implications for police oversight and longstanding debates in judicial politics over the prevalence of panel effects and the extent to which law influences decision making.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 1","pages":"92-108"},"PeriodicalIF":1.7,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138824776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Strategic subdelegation 战略subdelegation

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-11-20 DOI: 10.1111/jels.12369

Brian D. Feinstein, Jennifer Nou

{"title":"Strategic subdelegation","authors":"Brian D. Feinstein, Jennifer Nou","doi":"10.1111/jels.12369","DOIUrl":"https://doi.org/10.1111/jels.12369","url":null,"abstract":"Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when the two groups are more closely aligned. They are particularly likely to do so in the last months of a presidential administration, prior to a transition to a new set of appointees from a different party. Essentially, appointees strategically devolve authority to ideologically similar civil servants to entrench their views in the face of oppositional future presidential administrations. Further, judicial doctrine and interest-group politics can make existing subdelegations difficult to reverse. This stickiness adds to the strategic value of subdelegations as a means of projecting preferences into future administrations. These findings raise important implications for administrative law and governance. One conventional wisdom on intra-agency dynamics considers appointees and civil servants as rivals. Relatedly, studies of personnel practices focus on strategies to empower appointees and sideline civil servants. This article, by contrast, shows how appointees and civil servants can act as strategic partners under certain conditions. At a time when leading political figures propose fundamental changes to the civil service, our findings call for a more nuanced understanding of the dynamics between political appointees and civil servants.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 4","pages":"746-817"},"PeriodicalIF":1.7,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12369","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138432342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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

Secured credit and bankruptcy resolution 担保信贷和破产解决

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-11-08 DOI: 10.1111/jels.12370

Barry E. Adler, Vedran Capkun

引用次数: 0