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

The influence of the race of defendant and the race of victim on capital charging and sentencing in California 被告种族和受害人种族对加利福尼亚州死刑指控和判决的影响

IF 1.2 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-06-16 DOI: 10.1111/jels.12390

Catherine M. Grosso, Jeffrey Fagan, Michael Laurence

{"title":"The influence of the race of defendant and the race of victim on capital charging and sentencing in California","authors":"Catherine M. Grosso, Jeffrey Fagan, Michael Laurence","doi":"10.1111/jels.12390","DOIUrl":"https://doi.org/10.1111/jels.12390","url":null,"abstract":"The California Racial Justice Act of 2020 recognized racial and ethnic discrimination as a basis for relief in capital cases, expressly permitting several types of statistical evidence to be introduced. This statewide study of the influence of race and ethnicity on the application of capital punishment contributes to this evidence. We draw on data from over 27,000 murder and manslaughter convictions in California state courts between 1978 and 2002. Using multiple methods, we found significant racial and ethnic disparities in charging and sentencing decisions. Controlling for defendant culpability and specific statutory aggravators, we show that Black and Latinx defendants and all defendants convicted of killing at least one white victim are substantially more likely to be sentenced to death. We further examined the role that race and ethnicity have in decision-making at various points in the criminal justice system. We found that prosecutors were significantly more likely to seek death against defendants who kill white victims, and that juries were significantly more likely to sentence those defendants to death. The magnitude of the race of the defendant and race of the victim effects is substantially higher than in prior studies in other states and in single-jurisdiction research. The results show an entrenched pattern of racial disparities in charging and sentencing that privileges white victim cases, as well as patterns of racial disparities in who is charged and sentenced to death in California courts that are the natural result of California's capacious statutory definition of death eligibility, which permits virtually unlimited discretion for charging and sentencing decisions. This pattern of racial preferences illustrates the social costs of California's failure to follow the Supreme Court's directive in Furman v Georgia to narrow the application of capital punishment over 50 years ago.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 3","pages":"482-531"},"PeriodicalIF":1.2,"publicationDate":"2024-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12390","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141967920","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

Privacy decision-making and the effects of privacy choice architecture: Experiments toward the design of behaviorally-aware privacy regulation 隐私决策和隐私选择架构的影响：设计行为感知隐私法规的实验

IF 1.2 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-06-12 DOI: 10.1111/jels.12391

Christopher Jon Sprigman, Stephan Tontrup

{"title":"Privacy decision-making and the effects of privacy choice architecture: Experiments toward the design of behaviorally-aware privacy regulation","authors":"Christopher Jon Sprigman, Stephan Tontrup","doi":"10.1111/jels.12391","DOIUrl":"10.1111/jels.12391","url":null,"abstract":"The current notice and choice privacy framework fails to empower individuals in effectively making their own privacy choices. In this Article we offer evidence from three novel experiments showing that at the core of this failure is a cognitive error. Notice and choice caters to a heuristic that people employ to make privacy decisions. This heuristic is meant to distinguish between a party's good or bad intent in face-to-face-situations. In the online context, it distorts privacy decision-making and leaves potential disclosers vulnerable to exploitation.From our experimental evidence exploring the heuristic's effect, we conclude that privacy law must become more behaviorally aware. Specifically, privacy law must be redesigned to intervene in the cognitive mechanisms that keep individuals from making better privacy decisions. A behaviorally-aware privacy regime must centralize, standardize and simplify the framework for making privacy choices.To achieve these goals, we propose a master privacy template which requires consumers to define their privacy preferences in advance—doing so avoids presenting the consumer with a concrete counterparty, and this, in turn, prevents them from applying the intent heuristic and reduces many other biases that affect privacy decision-making. Our data show that blocking the heuristic enables consumers to consider relevant privacy cues and be considerate of externalities their privacy decisions cause.The master privacy template provides a much more effective platform for regulation. Through the master template the regulator can set the standard for automated communication between user clients and website interfaces, a facility which we expect to enhance enforcement and competition about privacy terms.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 3","pages":"577-631"},"PeriodicalIF":1.2,"publicationDate":"2024-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141354441","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

The value of legal recourse in sovereign bond markets: Evidence from Argentina 主权债券市场中法律追索权的价值：阿根廷的证据

IF 1.2 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-05-06 DOI: 10.1111/jels.12384

Sebastian M. Saiegh, Glen Biglaiser

引用次数: 0

A statistical approach to law school citation rankings 法学院引文排名的统计方法

IF 1.2 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-04-22 DOI: 10.1111/jels.12381

Joshua Fischman

引用次数: 0

Does the 1L curriculum make a difference? 1L 课程有区别吗？

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-04-21 DOI: 10.1111/jels.12383

David A. Hyman, Jing Liu, Joshua C. Teitelbaum

{"title":"Does the 1L curriculum make a difference?","authors":"David A. Hyman, Jing Liu, Joshua C. Teitelbaum","doi":"10.1111/jels.12383","DOIUrl":"10.1111/jels.12383","url":null,"abstract":"Georgetown Law's Curriculum B (also known as Section 3) offers a unique opportunity to study an alternative 1L curriculum. The standard 1L curriculum has been around for decades and is still offered at the vast majority of US law schools. Leaders in the legal academy often talk about experimenting with the 1L curriculum, but hardly anyone does it. Georgetown Law has. We study whether Georgetown's Curriculum B yields measurable differences in student outcomes. Our empirical design leverages the fact that enrollment in Curriculum B is done by lottery when it is oversubscribed—meaning our study is effectively a randomized controlled trial. We measure treatment effects of Curriculum B by comparing outcomes of students who received the treatment (Curriculum B) with outcomes of students who received the placebo (Curriculum A) but wanted the treatment. Because students in both the treatment and control groups elected to enroll in Curriculum B, our empirical design overcomes the issue of selection bias. We find that taking Curriculum B decreases students' performance in two business law electives (Corporations and Securities Regulation) and reduces the rate at which they graduate with Latin honors. In addition, we find that it increases students' propensity to take certain public law electives and decreases their propensity to take certain business law electives. We further find that taking Curriculum B decreases students' likelihood of working in the private sector (law firm or business/industry), increases their likelihood of working in the public sector (government or public interest) or doing a judicial clerkship, and reduces their average annual salary. At the same, however, we find no statistically significant effects on other outcomes, including students' cumulative grade point average, their chances of passing the bar exam or being employed 10 months after graduation, or their rate or amount of alumni giving.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"21 2","pages":"375-423"},"PeriodicalIF":1.7,"publicationDate":"2024-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140813001","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

Lawyers' legal aid participation: A qualitative and quantitative analysis 律师参与法律援助：定性和定量分析

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2024-04-18 DOI: 10.1111/jels.12385

Ching-fang Hsu, Ivan Kan-hsueh Chiang, Yun-chien Chang

引用次数: 0

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