Law and Social Inquiry-Journal of the American Bar Foundation最新文献

Mercy and the Construction of Social Control: A Four-Site Analysis of Clemency 仁慈与社会控制的建构:仁慈的四点分析

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-11-13 DOI: 10.1017/lsi.2023.68

Veronica L. Horowitz

引用次数: 0

Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws 内部排斥:非公民和歧视性许可法律的兴起

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-11-09 DOI: 10.1017/lsi.2023.61

Allison Brownell Tirres

{"title":"Exclusion from Within: Noncitizens and the Rise of Discriminatory Licensing Laws","authors":"Allison Brownell Tirres","doi":"10.1017/lsi.2023.61","DOIUrl":"https://doi.org/10.1017/lsi.2023.61","url":null,"abstract":"In the United States in the early twentieth century, state and local laws discriminating on the basis of alienage proliferated. Progressive reformers, nativist groups, state legislatures, and city councils sought new methods for restricting noncitizen access to the workplace and the marketplace. As this article demonstrates, the primary vehicle they utilized was state and local licensing laws. Licensing proved to be a powerful tool of exclusion; by 1930, citizenship-based licensing restrictions were present in every state and most major cities. Noncitizens challenged some of these laws, pushing for greater protection of their constitutional rights. The resulting court contests over exclusionary licensing laws led to the creation of a new branch of legal doctrine, one that redefined the relationship between noncitizens and state power. This article highlights the significant and underappreciated role played by state and local laws in shaping the immigrant experience in the Progressive Era. It furthers our understanding of the licensing power and illuminates a pivotal moment in the development of immigrant rights. Today, noncitizens are still excluded from a range of economic activities due to licensing restrictions. This article explores the roots and the spread of this little understood – and still consequential – technique of exclusion.","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135243086","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

Legal Strategies at the Governance Precipice: Transnational Lawyers in the European Union’s Sovereign Debt Crisis (2010–2012) 治理悬崖上的法律策略:欧盟主权债务危机中的跨国律师(2010-2012)

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-11-06 DOI: 10.1017/lsi.2023.67

Nicholas Haagensen

{"title":"Legal Strategies at the Governance Precipice: Transnational Lawyers in the European Union’s Sovereign Debt Crisis (2010–2012)","authors":"Nicholas Haagensen","doi":"10.1017/lsi.2023.67","DOIUrl":"https://doi.org/10.1017/lsi.2023.67","url":null,"abstract":"How do transnational lawyers valorize their expertise in a political and economic crisis? This article argues that knowing how transnational lawyers valorize their expertise is critical to understanding how transnational law evolves and affects society, especially when existing legal frameworks prove to be inadequate and novel practices must pave new paths. Using the acute phase of the Eurozone crisis between 2010 and 2012 as an empirical case, I examine how European Union (EU) legal agents constructed a framework that accommodated the uncertainty of governing a crisis while also mediating the contentious politics between EU Member States. The analysis shows that as intergovernmental bargaining dominates Eurozone crisis governance, EU legal advisors intervene to reconcile these bargains with the EU legal order using novel practices that simultaneously valorize their legal expertise. These practices in effect engender a high degree of interdependence and interconnection between the EU legal order and several intergovernmental arrangements—especially the European Stability Mechanism—leading to the creation of a unique form of EU governance: semi-intergovernmentalism. This article contributes to debates on legal globalization by empirically examining how transnational legal agents valorize their expertise through strategies directed at defending their autonomy while protecting the normative coherence of their transnational legal order: the EU.","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135635211","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

Aspirational Laws in Action: A Field Experiment 行动中的理想法则:实地实验

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-11-06 DOI: 10.1017/lsi.2023.48

Ben Depoorter, Stephan Tontrup

引用次数: 0

Many Shades of Success: Bottom-up Indicators of Individual Success in Community Courts 成功的许多阴影:社区法院中个人成功的自下而上指标

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-11-03 DOI: 10.1017/lsi.2023.58

Hadar Dancig-Rosenberg, Tali Gal

引用次数: 1

The Cruel Optimism of International Prison Regulation: Prison Ontologies and Carceral Harms 国际监狱规制的残酷乐观主义:监狱本体与监狱危害

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-10-23 DOI: 10.1017/lsi.2023.63

Tom Kemp, Philippa Tomczak

{"title":"The Cruel Optimism of International Prison Regulation: Prison Ontologies and Carceral Harms","authors":"Tom Kemp, Philippa Tomczak","doi":"10.1017/lsi.2023.63","DOIUrl":"https://doi.org/10.1017/lsi.2023.63","url":null,"abstract":"This article examines the development of international human rights standards and oversight mechanisms directed at addressing the negative effects of imprisonment. We identify this as the rules-based prison-regulation project, widely endorsed by international organizations and legal scholars. However, with a focus on the United Nations Standard Minimum Rules for the Treatment of Prisoners, we argue that this project has inherent limitations, as it is based on (a) a reductive understanding of carceral harms and (b) a rule-centric ontology of prisons. By challenging these foundations, we explore whether the project exemplifies “cruel optimism” (Berlant, 2011), where the pursuit of improved prison regulation could inadvertently hinder societal flourishing. We argue that the continuous search for new and better prison standards may perpetuate rather than alleviate the problems associated with imprisonment unless accompanied by explicit strategies for countering prison growth and dramatically reducing prisoner numbers, for building the democratic power of prisoners and communities targeted by imprisonment, and continual linkages between prison conditions and the wider political-economic institution of imprisonment. We conclude that engaging with prisons as sites of relational power in practice must underlie any quest to reduce the harms of imprisonment.","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135412483","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

Legal Consciousness and Vigilantism: Seeking Justice for Witchcraft Harms in the Eastern Democratic Republic of Congo 法律意识与警戒主义:为刚果民主共和国东部的巫术伤害寻求正义

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-10-09 DOI: 10.1017/lsi.2023.56

Holly Dunn

引用次数: 0

Sexual Harassment in Irregular Chinese Workplaces: Business Dinners, Team-Building Activities, and Social Media 中国非正规工作场所的性骚扰:商务晚宴、团队建设活动和社交媒体

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-10-06 DOI: 10.1017/lsi.2023.57

Jiahui Duan

引用次数: 0

Democracies and Non-Democracies: The Use of International Law and Institutions 民主与非民主:国际法与国际机构的运用

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-09-11 DOI: 10.1017/lsi.2023.51

Jure Vidmar

引用次数: 0

Measuring Up: A Dialogical Model for Assuring a Reparative Process 衡量:确保修复过程的对话模型

2区社会学

Law and Social Inquiry-Journal of the American Bar Foundation Pub Date : 2023-08-22 DOI: 10.1017/lsi.2022.86

Lisa J. Laplante, Ana María Reyes

{"title":"Measuring Up: A Dialogical Model for Assuring a Reparative Process","authors":"Lisa J. Laplante, Ana María Reyes","doi":"10.1017/lsi.2022.86","DOIUrl":"https://doi.org/10.1017/lsi.2022.86","url":null,"abstract":"International law obliges governments to assure adequate and effective reparations for human rights violations. To date, most evaluations of such programs focus on outcomes while overlooking the process of how the state engaged victims, or not, in the determination of what they needed to feel repaired. A consensus now points toward the need to better involve beneficiaries in reparations programs in the process of determining these outcomes, yet there remains a need to better understand how to assure meaningful and effective participation. In response, the authors present an expansive view of the right to participation that would oblige governments to assure the quality of this participation in all stages of reparation programming, including design, implementation, and evaluation. They argue that reparative processes are, in themselves, forms of reparation, which go toward citizen restitution. They offer preliminary guidelines on how to assure reparative processes, as well as their evaluation, through a dialogical model that helps reorient the view of “victims” to being active agents in determining not only appropriate reparations but also larger transformations. Reparative processes shift the focus of evaluation to look beyond outcomes and toward the quality of the design and implementation processes, which, if flawed, may ultimately undermine the overall impact of any reparation program.","PeriodicalId":47418,"journal":{"name":"Law and Social Inquiry-Journal of the American Bar Foundation","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716506","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