Law & Society Review最新文献

{"title":"Activists in international courts: Backlash, funding, and strategy in international legal mobilization","authors":"Freek van der Vet, Lisa McIntosh Sundstrom","doi":"10.1111/lasr.12648","DOIUrl":"https://doi.org/10.1111/lasr.12648","url":null,"abstract":"<p>Regional human rights courts like the European Court of Human Rights (ECtHR), the Inter-American Court of Human Rights (IACtHR), and the African Court of Human and People's Rights (ACtHPR) have become popular sites of mobilization for victims and activists who seek justice when justice fails at home. Besides being platforms for individual remedy, human rights courts increasingly shape social norms and state policy within countries, making them attractive avenues for rights advocates to develop new norms or to push domestic authorities to reform legislation. The judges of these courts can decide, for example, whether same-sex couples have a right to be married, if prisoners have the right to vote or receive HIV/AIDS treatment, or when a state can deport illegal immigrants to a country where they will likely be tortured. As these courts pass their judgments, they often find themselves in conflict with states that are violating human rights of marginalized groups on a large scale and are unwilling to implement international rulings.</p><p>Although international human rights courts have become increasingly popular venues among victims and activists who seek justice when justice fails at home, we are only beginning to understand how activists play roles in shaping the development of regional human rights courts' case law—the body of judgments that shapes how judges will make their decisions in the future. We now have plenty of international relations and international legal research on the interactions between states and international courts: how judges in these courts wrestle between deferring to the interests of member state governments whose actions are on trial and sticking closely to the conventions' fundamental yet evolving principles (Alter et al., <span>2019</span>; Helfer & Voeten, <span>2014</span>). As some states begin to resist international courts' authority, scholars have begun to examine the dynamics of this backlash (Hillebrecht, <span>2022</span>; Madsen et al., <span>2018</span>; Sandholtz et al., <span>2018</span>). Recent studies have also demonstrated that human rights advocates—whether NGOs or individual lawyers—have a significant impact on shaping the jurisprudence of international courts and the impact judgments have in concrete locations (Kahraman, <span>2018</span>; Sundstrom, <span>2014</span>; van der Vet, <span>2012</span>; Kurban, <span>2020</span>; Conant, <span>2018</span>; Harms, <span>2021</span>; Cichowski, <span>2016</span>; Hodson, <span>2011</span>; Haddad, <span>2018</span>). Meanwhile, these advocates themselves have been subject to repression and stigmatization by governments as part of the backlash phenomenon. Without an adequate understanding of the factors shaping activists' engagement with international courts, we risk undervaluing their strategic impact on the expansion of case law, the human rights protection of marginalized groups who cannot find remedies at home, and the domestic implementation ","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"6-11"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12648","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132684","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}

{"title":"NGOs, international courts, and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights","authors":"Nicole De Silva,&nbsp;Misha Ariana Plagis","doi":"10.1111/lasr.12639","DOIUrl":"https://doi.org/10.1111/lasr.12639","url":null,"abstract":"<p>When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountability. Building on the interdisciplinary scholarship on legal mobilization, we develop an integrated framework for explaining how states' two-level (domestic and international) backlash tactics can both promote and deter NGOs' strategic litigation at international human rights courts (IHRCs). States' backlash tactics can influence NGOs' opportunities, capacities, and goals for their human rights advocacy, and thus affect whether and how they pursue strategic litigation at IHRCs. We elucidate the value of this framework through case studies of NGOs' litigation against Tanzania at the African Court on Human and Peoples' Rights, an understudied IHRC. Drawing on an original data set, interviews, and documentation, we process-trace how Tanzania's various backlash tactics influenced whether and how NGOs litigated at the Court. Our framework and analysis show how state backlash against human rights accountability affects NGOs' mobilization at IHRCs and, relatedly, IHRCs' opportunities for influence.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"36-60"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12639","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132980","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}

{"title":"Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation","authors":"Heidi Nichols Haddad,&nbsp;Lisa McIntosh Sundstrom","doi":"10.1111/lasr.12642","DOIUrl":"https://doi.org/10.1111/lasr.12642","url":null,"abstract":"<p>The premise of Russia's 2012 “Foreign Agents” Law, one of the first such laws restricting foreign funding for non-governmental organizations (NGOs), is that foreign monies equal foreign agendas. Since then, over 50 countries have adopted similar laws using a similar justification. This paper interrogates this claim of foreign donor influence through examining legal mobilization by human rights NGOs at the European Court of Human Rights (ECtHR). We track donor support for litigation by providing an overview of all foundation grant flows relating to strategic litigation for 2013–2014, and then matching the granting activities of two major U.S. foundations over 14 years to human rights NGO participation in cases before the ECtHR. Further, through case studies of Russian NGOs, we assess the causal role that donor support has played in facilitating their increased involvement in ECtHR litigation. The combined analysis indicates broad patterns of private foundation support to litigating NGOs, but uncovers no evidence that foreign donors were “pushing” NGOs toward litigation as a strategy, but instead more evidence suggesting that NGOs convinced donors to support human rights litigation. Despite the inaccuracy of the justification underpinning Russia's foreign agent law, the law threatens the survival of human rights organizations.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"12-35"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12642","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132685","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}

{"title":"Death by prison: The emergence of life without parole and perpetual confinement. By Christopher Seeds. Oakland, CA: University of California Press, 2022. 288. $29.95 paperback","authors":"Reviewed by Ashley Nellis","doi":"10.1111/lasr.12644","DOIUrl":"https://doi.org/10.1111/lasr.12644","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"57 1","pages":"124-125"},"PeriodicalIF":2.9,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50132987","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}

{"title":"Facial nerve monitoring in parotid gland surgery: Design and feasibility assessment of a potential standardized technique.","authors":"Carlos S Duque, Andrés F Londoño, Ana M Duque, Jhon J Zuleta, Marcela Marulanda, Lina M Otálvaro, Miguel Agudelo, Juan P Dueñas, María F Palacio, Gianlorenzo Dionigi","doi":"10.1002/wjo2.90","DOIUrl":"10.1002/wjo2.90","url":null,"abstract":"<p><strong>Background: </strong>Even though the use of nerve monitoring during parotid gland surgery is not the gold standard to prevent damage to the nerve, it surely offers some advantages over the traditional approach. Different from thyroid surgery, where a series of steps in intraoperative nerve monitoring have been described to confirm not only the integrity but-most importantly-the function of the recurrent laryngeal nerve, in parotid gland surgery, a formal guideline to follow while dissecting the facial nerve has yet to be described.</p><p><strong>Methods: </strong>A five-year retrospective study was done reviewing the intraoperative records of patients who underwent parotid gland surgery under neural monitoring. The operative findings regarding the neuromonitoring process, particularly in regard to the amplitude of two main branches, were revised. A literature search was done to search for guidelines to follow when a facial nerve loss of signal is encountered.</p><p><strong>Results: </strong>Fifty-five patients were operated on using the Nim 3 Nerve Monitoring System (Medtronic); 31 were female patients, and 47 patients had benign lesions. Minimum changes were observed in the amplitude records after a comparison was made between the first and the last stimulation. There were only three articles discussing the term loss of signal during parotid gland surgery.</p><p><strong>Conclusion: </strong>Today, no sufficient attention has been given to the facial nerve monitoring process during parotidectomy. This study proposes a formal guideline to follow during this procedure as well as an instruction to consider when a loss of signal is observed to develop a uniform technique of facial nerve stimulation.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"46 1","pages":"280-287"},"PeriodicalIF":0.0,"publicationDate":"2023-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10696268/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85381228","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}

{"title":"Understanding the effects of jury service on jurors' trust in courts","authors":"Liana Pennington,&nbsp;Matthew J. Dolliver","doi":"10.1111/lasr.12632","DOIUrl":"10.1111/lasr.12632","url":null,"abstract":"<p>Jury service is a positive, even transformative, experience for many jurors. Prior research establishes that jurors who deliberate on a court case develop more positive views of courts in the relatively short time of jury service, but we know little about the reasons underlying why these positive changes develop. This research focuses on changes in jurors' views after serving on criminal cases because jury service is one of the few opportunities community members have to participate directly in the criminal justice system, with jurors acting as the conscience of the community regarding the extent of prosecutorial power<i>.</i> Unlike most work using actual jurors, this research utilizes surveys with jurors both before and after jury service to understand how jury service brings about increased trust in courts. We examine the influence of three categories of potential factors, deliberating on a case, juror satisfaction, and jurors' attitudes relating to law and justice, finding all three categories work together to significantly predict whether jurors' trust in courts increases, decreases, or stays the same. Policy suggestions include developing innovative ways to capitalize on the positive and overall legitimizing aspects of jury service in criminal cases by increasing community members' meaningful involvement in the courts.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"580-600"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131550518","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}

{"title":"Legal mobilization and branches of law: Contesting racialized policing in French courts","authors":"Magda Boutros","doi":"10.1111/lasr.12628","DOIUrl":"10.1111/lasr.12628","url":null,"abstract":"<p>When activists use the law to promote social change, how does the branch of law (criminal law, civil law, etc.) matter for movement outcomes? To examine this question, the article builds on legal mobilization scholarship, and on a qualitative study comparing three litigation strategies to contest racialized policing in France: mobilizing criminal law to hold officers accountable for police killings, mobilizing civil law to sue the state for racial profiling, and combining criminal and civil law to contest racialized police harassment. The findings suggest that three characteristics of legal branches matter for legal mobilization: (i) the branch's dominant paradigm (e.g., punitive vs. compensatory) determines how the problem gets framed and which actors are blamed for it; (ii) the legal provisions of each branch shape which aspects of the problem get highlighted, and which are obscured; (iii) the procedural and evidentiary rules determine the extent to which activists and victims can intervene in the fact-finding process and thus how much they can influence the strength of their claims in court. When they mobilize the law, social change actors strategize around the opportunities and constraints of various branches of law, to try influencing judicial decisions and the media coverage of cases.</p>","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"623-645"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116562172","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}

{"title":"Manifesting justice: Wrongfully convicted women reclaim their rights. By Valena Beety. New York: Kensington, 2022. 320 pp. $28.00 hardcover","authors":"Reviewed by Lara Bazelon","doi":"10.1111/lasr.12637","DOIUrl":"10.1111/lasr.12637","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"651-652"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134327036","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}

{"title":"Problematizing law, childhood and rights in Israel/Palestine. By Hedi Viterbo. Cambridge: Cambridge University Press, 2021. 370 pp. $110.00 hardback.","authors":"Reviewed by Smadar Ben-Natan","doi":"10.1111/lasr.12636","DOIUrl":"10.1111/lasr.12636","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"649-650"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115602375","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}

{"title":"Police matters: The everyday state and caste politics in South India, 1900–1975. By Radha Kumar. Ithaca: Cornell University Press, 2021. 225 pp. $19.95 paperback.","authors":"Reviewed by Anisha Thomas","doi":"10.1111/lasr.12635","DOIUrl":"10.1111/lasr.12635","url":null,"abstract":"","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"648-649"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116401339","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}