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Guantánamo's Legacy 关塔那摩的遗产
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-06-12 DOI: 10.1146/annurev-lawsocsci-020623-054945
Lisa Hajjar
{"title":"Guantánamo's Legacy","authors":"Lisa Hajjar","doi":"10.1146/annurev-lawsocsci-020623-054945","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-020623-054945","url":null,"abstract":"The military detention facility at the Guantánamo Bay naval base is the most enduring manifestation of the US “war on terror.” It is also materially and symbolically central to US torture, war crimes, and other egregious violations of law in the post-9/11 era. Since the first detainees arrived in 2002, Guantánamo has been the subject of controversy and debate, as well as a key setting for legal challenges to government policies. This article traces the legacy of the prison and the military commissions across four administrations. It demonstrates that the lack of a common understanding or shared narrative about what Guantánamo means or has meant is a product of entrenched partisanship that characterizes contemporary US politics more broadly. Guantánamo's confounding legacy reflects the lack of a national consensus about the role of laws and courts as guarantors of even the most basic rights. 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":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45250415","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
Civil Litigants’ Evaluations of Their Legal Experiences 民事诉讼当事人的法律经验评价
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-06-12 DOI: 10.1146/annurev-lawsocsci-111022-082509
Donna Shestowsky
{"title":"Civil Litigants’ Evaluations of Their Legal Experiences","authors":"Donna Shestowsky","doi":"10.1146/annurev-lawsocsci-111022-082509","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111022-082509","url":null,"abstract":"How do litigants evaluate their experiences with the civil justice system? What we know about this important subject has grown out of foundational academic research in procedural justice and studies of litigant involvement in court programs. The volume of projects dedicated to understanding litigant experiences falls short in relation to the magnitude of civil justice system encounters handled by the legal system. Nevertheless, the extant research converges on some surprising insights into the factors that shape litigants’ perspectives and the contextual variables that affect their experiences. This article synthesizes the major findings, discusses some of their law and policy implications, and highlights areas that beg for further investigation at the intersection of law and psychology. 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":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47405797","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
Police Go to Court: Police Officers as Witnesses/Defendants 警察出庭:警察作为证人/被告
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-06-07 DOI: 10.1146/annurev-lawsocsci-113022-111914
R. Moran
{"title":"Police Go to Court: Police Officers as Witnesses/Defendants","authors":"R. Moran","doi":"10.1146/annurev-lawsocsci-113022-111914","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-113022-111914","url":null,"abstract":"Police officers regularly serve as government witnesses in criminal cases. In recent years, they have also increasingly found themselves as defendants facing criminal charges, civil lawsuits, or both. This article surveys scholarly literature on police officers as both witnesses and defendants, with a focus on sociological and legal barriers to understanding officer deception, assessing officer testimony, and holding officers accountable for misconduct. With respect to officers as witnesses, these barriers include the prevalence of police officer perjury, judicial deference to officers’ testimony, and laws and policies that prevent defendants from learning about or exposing officer misconduct and unreliability. Charging and suing officers present additional logistical and substantive questions. These questions include who should be responsible for investigating and deciding whether to prosecute police, what protocols should guide those investigations, whether police prosecutions meaningfully improve policing or ensure accountability, and what role the civil legal system should play in addressing police misconduct. 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":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47871597","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
COVID-19 and the Data Governance Gap 2019冠状病毒病与数据治理差距
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-06-02 DOI: 10.1146/annurev-lawsocsci-050520-101947
Lisa M. Austin
{"title":"COVID-19 and the Data Governance Gap","authors":"Lisa M. Austin","doi":"10.1146/annurev-lawsocsci-050520-101947","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-050520-101947","url":null,"abstract":"The COVID-19 pandemic has highlighted many complexities involved in using data and advanced technologies to help resolve public health emergencies. These complexities highlight the need to embrace a broader framework of data governance with three foundational questions: ( a) who decides about data flows, ( b) on what basis, and ( c) with what accountability and oversight. These questions can accommodate the issues that have arisen in the literature regarding new types of data harms. However, these questions also foreground important issues of power, authority, and legitimacy. Data governance can provide an organizing normative framework to address emerging data themes including access to data, collective decision making, data intermediaries, data sovereignty, design and digital infrastructure, regulatory technologies, the rule of law, and social trust and license. The pandemic experience with contact tracing apps, in particular, showed the many unresolved governance challenges. 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":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41605500","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
Regulating Government AI and the Challenge of Sociotechnical Design 规范政府人工智能和社会技术设计的挑战
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-30 DOI: 10.1146/annurev-lawsocsci-120522-091626
D. Engstrom, Amit Haim
{"title":"Regulating Government AI and the Challenge of Sociotechnical Design","authors":"D. Engstrom, Amit Haim","doi":"10.1146/annurev-lawsocsci-120522-091626","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-120522-091626","url":null,"abstract":"Artificial intelligence (AI) is transforming how governments work, from distribution of public benefits, to identifying enforcement targets, to meting out sanctions. But, given AI's twin capacity to cause and cure error, bias, and inequity, there is little consensus about how to regulate its use. This review advances debate by lifting up research at the intersection of computer science, organizational behavior, and law. First, pushing past the usual catalogs of algorithmic harms and benefits, we argue that what makes government AI most concerning is its steady advance into discretion-laden policy spaces where we have long tolerated less-than-full legal accountability. The challenge is how, but also whether, to fortify existing public law paradigms without hamstringing government or stymieing useful innovation. Second, we argue that sound regulation must connect emerging knowledge about internal agency practices in designing and implementing AI systems to longer-standing lessons about the limits of external legal constraints in inducing organizations to adopt desired practices. Meaningful accountability requires a more robust understanding of organizational behavior and law as AI permeates bureaucratic routines. 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":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46070686","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: 1
Firearms Law and Scholarship Beyond Bullets and Bodies 枪支法和超越子弹和尸体的奖学金
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-30 DOI: 10.1146/annurev-lawsocsci-111522-074854
Joseph Blocher, J. Charles, Darrell A. H. Miller
{"title":"Firearms Law and Scholarship Beyond Bullets and Bodies","authors":"Joseph Blocher, J. Charles, Darrell A. H. Miller","doi":"10.1146/annurev-lawsocsci-111522-074854","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-074854","url":null,"abstract":"Academic work is increasingly important to court rulings on the Second Amendment and firearms law more generally. This article highlights two recent trends in social science research that supplement the traditional focus on guns and physical harm. The first strand of research focuses on the changing ways that gun owners connect with firearms, with personal security, status, identity, and cultural markers being key reasons people offer for possessing firearms. The second strand focuses on broadening our understanding of the impact of guns on the public sphere beyond just physical safety. This research surfaces the ways that guns can create fear, intimidation, and social trauma; deter civic participation and the exercise of constitutional rights; and further entrench racial inequality. 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":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42497655","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
Medical Aid in Dying: New Frontiers in Medicine, Law, and Culture 死亡中的医疗援助:医学、法律和文化的新领域
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-30 DOI: 10.1146/annurev-lawsocsci-110722-083932
M. Buchbinder, C. Cain
{"title":"Medical Aid in Dying: New Frontiers in Medicine, Law, and Culture","authors":"M. Buchbinder, C. Cain","doi":"10.1146/annurev-lawsocsci-110722-083932","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-110722-083932","url":null,"abstract":"Medical aid in dying (MAID) has been a productive target for social scientific inquiry at the intersections of law and medicine over the past two decades. Insofar as MAID crystallizes and reflects personal and cultural understandings of key concepts such as individualism, dependency, dignity, and care, it is a rich site for social scientific theorizing. This article reviews and assesses the contributions of social scientific perspectives to research on MAID. We propose that social scientific research on MAID offers four distinctive contributions: its descriptive (rather than normative) orientation, its focus on cultural meanings, its insights into processes of knowledge production, and its comparative lens. The article's major sections describe ( a) attitudes toward MAID, ( b) MAID-related social movements, ( c) legalization approaches, and ( d) lived experiences of MAID in permissive jurisdictions. We conclude by reflecting on how MAID scholarship can inform social inquiry into other areas in which law and medicine converge. 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":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48712607","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: 1
How Technology Is (or Is Not) Transforming Law Firms 技术是如何（或不是）改变律师事务所的
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-17 DOI: 10.1146/annurev-lawsocsci-111522-074716
I. Rodgers, J. Armour, M. Sako
{"title":"How Technology Is (or Is Not) Transforming Law Firms","authors":"I. Rodgers, J. Armour, M. Sako","doi":"10.1146/annurev-lawsocsci-111522-074716","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-074716","url":null,"abstract":"In this review, we explore the impact of technology on US and UK law firms, focusing in particular on the recent machine learning wave of artificial intelligence. Technology has not so far ushered the end of law firms as we know them. Adoption of artificial intelligence/machine learning is in its early stages in the sector, and its impact has been constrained by the scope of use cases for which it is so far well-suited. Technology is nevertheless transforming law firms, in the sense of leading to material changes to their current forms, in the following novel ways: ( a) deployment not only in the back office but in the front office, affecting lawyers’ core tasks of advising clients; ( b) opportunities for lawyers to pursue alternative career paths with different skill sets across the profession; and ( c) emerging options for law firms to adopt business models creating value from nonhuman capital and nonlegal human capital. 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":"1 1","pages":""},"PeriodicalIF":2.4,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41396053","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: 1
Cultivating Equal Minds: Laws and Policies as (De)biasing Social Interventions 培养平等的思想:法律和政策作为(去)偏见的社会干预
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-17 DOI: 10.1146/annurev-lawsocsci-111622-063213
Neil A. Lewis
{"title":"Cultivating Equal Minds: Laws and Policies as (De)biasing Social Interventions","authors":"Neil A. Lewis","doi":"10.1146/annurev-lawsocsci-111622-063213","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111622-063213","url":null,"abstract":"To address issues of bias and discrimination in many areas of social life, scientists have developed a variety of strategies to debias people's minds and reduce discrimination and the disparities that stem from it. A large body of research has documented, however, that debias trainings have short-lived effects on changing patterns of thinking (i.e., they last less than 24 hours) and minimal effects on behaviors. In this article, I argue that such limited effects of one-time trainings are to be expected, given the segregated and stratified social structure we live in that was created by historic and contemporary laws and policies. After explaining the mechanisms through which laws and policies create biased people, I then explain how laws and policies can instead be used as levers to create long-lasting changes in biases. 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":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48606644","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: 1
Refeudalization and Law: From the Rule of Law to Ties of Allegiance 裁判与法律：从法治到忠诚纽带
IF 2.4 2区 社会学
Annual Review of Law and Social Science Pub Date : 2023-05-17 DOI: 10.1146/annurev-lawsocsci-111522-075848
R. van Krieken
{"title":"Refeudalization and Law: From the Rule of Law to Ties of Allegiance","authors":"R. van Krieken","doi":"10.1146/annurev-lawsocsci-111522-075848","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-111522-075848","url":null,"abstract":"A significant body of social science research is now working with the concept of refeudalization—as well as related terms such as neo-feudalism and neo-medievalism—to analyze a variety of contemporary developments. The social science scholars who use these terms challenge an oversimplified modernization model that regards power relations such as serfdom, vassalage, suzerainty, and fiefdom as merely historical relics. The refeudalization process has significant legal dimensions, which this review outlines to draw out the central implications of the concept of refeudalization for an adequate understanding of current developments in law, society, and politics. Topics covered include the changing relationship between public and private law; the privatization of public authority and responsibilities; the territorial unbundling of sovereignty and the tendency toward multiple, overlapping authorities and jurisdictions; the contractualization of groups and political units as well as individuals; and the changing relationship between sovereignty and political representation. 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":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45220129","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
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