Annual Review of Law and Social Science最新文献

Authoritarian Legality and State Capitalism in China 中国的威权法制与国家资本主义

2区社会学

Annual Review of Law and Social Science Pub Date : 2023-10-13 DOI: 10.1146/annurev-lawsocsci-111622-063635

Susan H. Whiting

引用次数: 1

Centering Race in Studies of Low-Wage Immigrant Labor 以种族为中心的低工资移民劳动力研究

2区社会学

Annual Review of Law and Social Science Pub Date : 2023-10-13 DOI: 10.1146/annurev-lawsocsci-111622-062400

Darlène Dubuisson, Patricia Campos-Medina, Shannon Gleeson, Kati L. Griffith

引用次数: 0

Bankruptcy Law's Knowns and Unknowns 破产法的已知与未知

2区社会学

Annual Review of Law and Social Science Pub Date : 2023-10-13 DOI: 10.1146/annurev-lawsocsci-111522-085910

Jared A. Ellias

引用次数: 0

Mandatory Employment Arbitration 强制性雇佣仲裁

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-07-17 DOI: 10.1146/annurev-lawsocsci-120822-112007

Alexander J. S. Colvin, M. Gough

{"title":"Mandatory Employment Arbitration","authors":"Alexander J. S. Colvin, M. Gough","doi":"10.1146/annurev-lawsocsci-120822-112007","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-120822-112007","url":null,"abstract":"This article offers a comprehensive overview of the academic literature concerning mandatory employment arbitration and existing empirical evidence. Proponents of mandatory employment arbitration contend mandatory arbitration provides access to justice to those excluded from the traditional civil litigation system. Conversely, opponents of mandatory employment arbitration assert that it is a coercive system that disproportionately benefits employers and disadvantages employees. Although these entrenched perceptions of mandatory employment arbitration are not new, an expanding body of recent empirical research provides fresh insights. The empirical literature reveals lower employee success rates and financial awards, longer case resolution times, and evidence of a repeat player effect in arbitration relative to civil litigation and, as a whole, tends to support arguments made by opponents of the forum. This article reviews the literature on the major debates surrounding employment arbitration and corresponding empirical evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44138328","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

How to Study Global Lawmaking: Lessons from Intellectual Property Rights and International Health Emergencies 如何研究全球立法:知识产权和国际突发卫生事件的教训

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-07-17 DOI: 10.1146/annurev-lawsocsci-111522-091304

T. Andia, Nitsan Chorev

{"title":"How to Study Global Lawmaking: Lessons from Intellectual Property Rights and International Health Emergencies","authors":"T. Andia, Nitsan Chorev","doi":"10.1146/annurev-lawsocsci-111522-091304","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-091304","url":null,"abstract":"International agreements on Intellectual Property (IP) have proven to be a good example to study global lawmaking. Beginning by looking at the 1990s Trade-Related Intellectual Property Rights (TRIPS) agreement and into the negotiation and implementation of regional and national trade agreements, this article reflects on the intricate relationship between international IP agreements and public health. The comprehensive analysis of these international rules and their effect provides valuable insights into the dynamic interplay between domestic and international factors in shaping health policies. Building upon the IP case, we categorize existing scholarship on global law-making into three methodological approaches: ( a) methodological internationalism, ( b) methodological nationalism, and ( c) the interplay between domestic and international factors. We close with a call for researchers to advocate and integrate into their methods a co-constitutive approach that considers the simultaneous shaping of domestic and international elements. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44752123","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

Laws of Social Reproduction 社会再生产规律

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-07-12 DOI: 10.1146/annurev-lawsocsci-121922-051047

Prabha Kotiswaran

{"title":"Laws of Social Reproduction","authors":"Prabha Kotiswaran","doi":"10.1146/annurev-lawsocsci-121922-051047","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-121922-051047","url":null,"abstract":"Feminists have long demonstrated the invisibility of women's reproductive labor, performed in bearing and raising children, maintaining households, and socially sustaining male labor. Every wave of feminist struggle from the late nineteenth century onward has actively queried the inequalities that characterize women's performance of such work, variously referred to as unpaid domestic and care work, domestic labor, or care work. Robust traditions of scholarship on women's unpaid work animate various disciplines, often spilling into political struggles for adequate recognition of this work. As the pandemic has rendered visible once again the reproductive labor of women the world over, this article offers an overview of social reproduction theory, feminist legal theorizations of reproductive labor, and how we might recuperate a rich tradition of theorizing on social reproduction to develop a robust materialist approach to law's regulation of reproductive labor across the marriage-market spectrum with a view to social and economic justice. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44258841","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 Ever-Shifting Ground of Pretrial Detention Reform 审前羁押改革的风云变幻

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-07-12 DOI: 10.1146/annurev-lawsocsci-120122-092655

J. Carroll

引用次数: 0

AI and Global Governance: Modalities, Rationales, Tensions 人工智能与全球治理:模式、理由、紧张关系

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-06-28 DOI: 10.1146/annurev-lawsocsci-020223-040749

Michael Veale, K. Matus, Robert Gorwa

{"title":"AI and Global Governance: Modalities, Rationales, Tensions","authors":"Michael Veale, K. Matus, Robert Gorwa","doi":"10.1146/annurev-lawsocsci-020223-040749","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-020223-040749","url":null,"abstract":"Artificial intelligence (AI) is a salient but polarizing issue of recent times. Actors around the world are engaged in building a governance regime around it. What exactly the “it” is that is being governed, how, by who, and why—these are all less clear. In this review, we attempt to shine some light on those questions, considering literature on AI, the governance of computing, and regulation and governance more broadly. We take critical stock of the different modalities of the global governance of AI that have been emerging, such as ethical councils, industry governance, contracts and licensing, standards, international agreements, and domestic legislation with extraterritorial impact. Considering these, we examine selected rationales and tensions that underpin them, drawing attention to the interests and ideas driving these different modalities. As these regimes become clearer and more stable, we urge those engaging with or studying the global governance of AI to constantly ask the important question of all global governance regimes: Who benefits? Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42327702","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: 9

Beyond Law as a Tool of Public Health: Vaccines in Interdisciplinary Sociolegal and Science Studies 超越法律作为公共卫生的工具:跨学科社会学和科学研究中的疫苗

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-06-20 DOI: 10.1146/annurev-lawsocsci-111522-090534

A. Kirkland

{"title":"Beyond Law as a Tool of Public Health: Vaccines in Interdisciplinary Sociolegal and Science Studies","authors":"A. Kirkland","doi":"10.1146/annurev-lawsocsci-111522-090534","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-090534","url":null,"abstract":"Research on vaccines in the law and social sciences skews heavily toward an instrumentalist approach to knowledge in service of vaccine promotion. Overcoming hesitancy and promoting vaccine acceptance have been major goals, but successful levers for behavioral change remain elusive. Research with constructivist approaches to vaccines from feminist sociology and anthropology has uncovered ethnographic richness to describe how vaccine debates illuminate inequalities in parenting and re-entrench patterns of racism and colonialism. There is considerable potential in science and technology studies approaches that take seriously the materiality and movement of vaccines in networks of production, finance, and global politics, though there are considerable methodological challenges for these research designs. This review charts the lopsided bibliography of law and social science research on vaccines, asking why scholars rarely move away from instrumentalist conceptions of law in the service of public health and, when they do, explaining what theoretical tools enable it. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48332595","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

Whither Legitimacy? Legal Authority in the Twenty-First Century 合法性将走向何方?二十一世纪的法律权威

IF 2.4 2区社会学

Annual Review of Law and Social Science Pub Date : 2023-06-20 DOI: 10.1146/annurev-lawsocsci-110722-074236

T. Tyler

{"title":"Whither Legitimacy? Legal Authority in the Twenty-First Century","authors":"T. Tyler","doi":"10.1146/annurev-lawsocsci-110722-074236","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-110722-074236","url":null,"abstract":"My scholarly career has centered around articulating and testing a model of legitimacy-based law and governance. In recent decades, that model has achieved considerable success in shaping the way legal authority is understood and exercised. At the same time the legitimacy of legal, political, and social institutions and authorities has declined, raising questions about the future viability of a legitimacy-based model. In this review, I discuss the ascension and potential decline of legitimacy-based governance and outline alternative models of authority that may emerge in the twenty-first century. Three issues are addressed: whether there are ways to reinvigorate legitimacy-based law and governance; whether social norms, moral values, or ideologies are viable alternative forms of authority; and whether it is better to accept that no single form of authority works best in all situations and theories should focus on identifying the contingencies under which different forms of authority are most desirable. Expected final online publication date for the Annual Review of Law and Social Science, Volume 19 is October 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47008000","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