A growing number of analysts use the term “judicial populism” to refer to judicial behavior that they find problematic, but they apply it to divergent phenomena and find it objectionable for different reasons. What, then, is judicial populism, and when and why should it be of concern? Taking a deductive approach, I argue that judicial populism is best understood as a performance/discursive style, analytically distinct from judicial activism. Like judicial activism, it is a gradational concept, and both populism and activism may present in judicial behavior to different degrees and in different combinations. To illustrate, I develop a grid matrix with an X-axis that runs from maximal restraint/deference to maximal creativity/dominance in the content of judicial rulings (the “what”) and a Y-axis that runs from maximally removed and technocratic to maximally proximate and publicly oriented in the performance or communication of the judicial role (the “how”). This two-dimensional framework enables nuanced comparison of judicial behavior in disparate times, places, and issue areas, illuminating relative variations and trends therein. It also helps to illustrate that, from a pluralist and deliberative democratic perspective, it is not judicial populism per se that should trouble democrats but, rather, populist behavior taken to extremes.

What is a populist judge, and when do judges embrace populism? Populist judges bypass legal and procedural constraints, seek an unmediated relationship with the public, and claim to represent the public better than political elites. Judicial populism can emerge in response to institutionalized dissonance in the political system. Dissonant institutionalization facilitates contestation between state institutions and can undermine the legitimacy of political institutions. This legitimacy crisis can imbue judges with a belief in their role as representatives of the public interest. In Pakistan, the dissonance caused by unresolved differences between the civil-military bureaucracy and the elected political leadership—differences that were embedded into the constitutional framework, facilitated the rise of judicial populism. I outline the key features of judicial populism and study the dynamics surrounding the rapid expansion of populist jurisprudence between 2005 and 2019 in Pakistan, with a focus on public interest litigation that became the cornerstone of the judiciary’s populist turn. Through case analysis, archival research, and semi-structured interviews, I discuss features of the populist approach to jurisprudence and trace how dissonance within Pakistan’s political system created new opportunities for the judiciary and changed judicial role conceptions within the legal and judicial community.

This article discusses the legitimacy of solitary confinement in prisons in Japan, which is still used despite the spread of modern international human rights norms in the twentieth century. The article examines the disciplinary measures provided for in the Act on Penal Detention Facilities and the Treatment of Inmates and Detainees (2006), which is a revision of the Prison Law (1908), and argues that although the legal revisions appear to have been made, the discretionary power of prison wardens remains unrestrained, wardens retain decision-making power for disciplinary measures. The article then critiques this approach on two grounds: first, there is an overuse of solitary confinement (over 85%) among other means of disciplinary measures; and, second, this violates both the spirit and the provisions of the Mandela Rules. International standards are based on the idea of human dignity with the established principle that solitary confinement should be imposed only as a last resort. The article ends with practical suggestions to make a more serious move forward to comply with international standards.

The animal protection movement has developed an increasingly close working relationship with the criminal punishment system through lobbying and campaigning for harsher punishments for animal abuse, while at the same time showing an interest in restorative justice (RJ) as a response to harm against animals. In this article, we take a critical position aligned with anti-carceral feminists and prison abolitionists against the carceral systems that fail humans and animals in circumstances of violence. We consider the potential of RJ as an alternative approach to address and prevent harm against animals in abuse cases on an individual level while highlighting the limitations of RJ in achieving the necessary changes on a societal level to end structurally produced violence against animals, such as industrial animal exploitation. We propose that transformative justice (TJ), which involves some RJ processes, is the most promising approach that could achieve justice for both humans and nonhumans in the long term without reproducing traumas and violence for the individuals and communities involved in harm reduction and prevention. Drawing on examples of RJ and TJ as developed and practised in marginalized human communities, we apply their lessons to thinking through similar practices in the context of animal abuse and neglect.

Business courts can function as loci of privilege, both institutional and substantive, expressing a clear privileging of business as a sphere of social action. Using an original case study, we show how the establishment of a new business court privileged businesspersons in two ways: by providing them with expert judicial services and by receiving into law a rule that gives them unique protection from liability—the Delaware Business Judgment Rule. We did not find that this reception reflected court capture by businesspersons. It did reflect a conviction that Delaware law is best, inculcated by US-educated academics, and inter-jurisdictional competitive aspirations. Our case study demonstrates how business courts express the structured power of business and businesspersons.

This article provides an overview of the key issues in international and Israeli human rights standards related to incarceration from a legal and sociological perspective. We argue that the Israeli imprisonment system is currently undergoing uncertain changes, showing high volatility due to its historical development and normative nature. Our account of the tensions between punishment and human rights in Israel over recent decades suggests that this field is highly volatile, making it difficult to predict future developments. Although Israel’s constitutional and human rights-oriented reforms seemed to indicate progress, Israel also experienced a series of harsh and regressive statutory and penological reforms.

Across the globe, people who mobilize to protect their rights in highly oppressive contexts may have to navigate government institutions that not only fail to implement protections but also engage in discriminatory practices. This article introduces the term “circumventive legal resistance” to describe practices of making legally grounded claims but facilitating relief through processes of expression and negotiation that are distinct from explicit mechanisms of legal enforcement. Based upon a study of twenty-seven rural, semi-rural, and urban areas across the north and north-west regions of India, this article documents how Dalit women—from the most marginalized groups at the base of the caste pyramid—mobilize to protect their rights in contexts where local institutions do not enforce laws prohibiting caste discrimination and instead perpetrate caste-based forced labor practices. In particular, I focus on a campaign to end manual scavenging—a form of caste-based forced labor that is one of the worst surviving symbols of untouchability. With local channels to legal relief largely foreclosed, Dalit women who leave manual scavenging engage in circumventive legal resistance: they draw on law to make claims but win relief through avenues distinct from those envisioned within the parameters of the law.

Three new books by sociologists—The Policing Machine by Tony Cheng, The Minneapolis Reckoning by Michelle Phelps, and The Danger Imperative by Michael Sierra-Arévalo—offer us a view into the state of US policing leading up to and following the racial reckoning of 2020. I read these books together through the lens of boundary work, examining what they tell us about the various projects that seek to maintain, expand, or change police jurisdiction over the production of public safety. Collectively, these books suggest that the police work to preserve and extend their extant role and power. Meanwhile, boundary work through movement mobilization and political systems has aimed to contain policing through law and policy, shrink policing within municipal service systems, and replace policing through community-led models of safety. These projects point us toward important areas of inquiry in efforts to understand whether and how policing can change.

Over the past several years, socio-legal researchers have focused attention on the phenomenon of eviction, particularly in low-income communities and communities of color. One major aspect of the eviction phenomenon has been largely overlooked: how and why certain eviction filings result in forced, legally compelled tenant moves and others do not. Through coding of the legal documents associated with eviction filings and multi-level regression analysis, this article advances the analysis of evictions in two crucial ways. First, it identifies and describes the frequency of the distinct legal procedural pathways that result in forced tenant moves once an eviction case has been filed. Second, it identifies the case, tenancy, neighborhood, and property correlates of forced tenant moves and of distinct procedural pathways to forced tenant moves. The article demonstrates that move-out agreements are the primary procedural pathway by which tenants are forcibly moved, yet they have been largely overlooked in previous eviction research because they are not easily analyzable in administrative datasets. The regression analyses advance the growing work examining the role of landlord characteristics in shaping tenants’ housing stability and break new ground in identifying the characteristics of the different pathways through which tenants are forced out of their homes following eviction filing.

I provide a new analytical framework to understand the effectiveness of corruption prosecutions in the so-called Mani Pulite (Clean Hands) operation by showing how this operation was rooted in a populist interpretation of criminal rules and criminal procedure. The Clean Hands operation represented a successful breakthrough against the vast and complex corruption system that had sustained Italian politics for decades. I show that prosecutors in the Clean Hands operation interpreted legal rules through the lens of a deep-seated hostility between a vague conglomerate of “corrupt elites” and “virtuous citizens.” This populist interpretation of criminal and procedural rules introduced significant legal innovations that empowered judicial actors against systemic corruption by creating unprecedented incentives for defendants to cooperate with legal authorities. Consequently, the judicial professionals leading the Clean Hands operation also felt the need to shield themselves against retaliation for the use of these novel approaches to corruption prosecution by bringing their fight before the court of public opinion. To this end, the Clean Hands prosecutors made use of targeted media interventions to rally public support around their investigation and protect their work from political interference.

With the upsurge of anti-globalizing ideologies and politics, the increasing institutionalization of xenophobia within the legal system has emerged as a pressing concern. Existing law and social science research has underexplored xenophobic bias in the US legal system. This article conceptualizes xenophobic bias as consisting of racism and nationalism. It investigates whether mock jurors reach different verdicts on defendant companies from foreign countries of origin (Japan, France, and China) compared to domestic (US) companies. Using a test simulating a patent lawsuit, the research finds no evidence of general xenophobic bias in juror liability verdict decisions, yet there is a specific bias against the Chinese company when granting damage awards. The similarity-leniency effect that has been established in the previous literature is corroborated in this article. Additionally, political views moderate the effects of the company’s country of origin on juror decisions. This research offers a more nuanced conceptual framework of xenophobic bias in juror decision-making for future law and social science research and informs judicial policies seeking to improve jury instructions and jury selection to reduce xenophobic bias.

Law school students are encouraged frequently to “network.” However, depending on demographic categories, they may have access to differently resourced social networks in law school. In this article, we draw from our mixed-methods research to explore this diversity of experience, its limitations of access, and the possible network inequalities that may limit the value of legal education to diverse students across different institutional contexts. Using survey and network data (N = 744), collected during the fall of 2019 from three law schools, as well as supplementary interview data (N = 55), we examined students’ social networks, the structures of these relationships, and their associations with law school satisfaction. We find that, while students tended to cluster based on shared characteristics (that is, race, gender, sexual identity, political orientation, religion, and age) and contexts (that is, type of program, section assignments), these emergent clusters produced disparities in satisfaction across racial categories. Homophilous networks were tied to satisfaction for Black and White students, but the same embeddedness was associated with lower satisfaction with law school for Asian and Latinx students. These results provide grounds for rethinking how diversity matters in law school and its implications for marginalized students’ experience and success.

There has long been debate about the capacity of the US Supreme Court to achieve “progressive” social change. Recent decisions of the court also point to a new worry for American progressives: the court may not only have a limited capacity to drive such change. In some cases, it may actively stand in the way of such change or help reverse it. This invites us to rethink when, or under what conditions, courts are likely to be effective in driving change—whether in a positive, dynamic, or else more obstructionist or regressive direction.

Sexual and gender minority (SGM) migrants’ disclosure of their identity or “coming out” has significant stakes. It can facilitate access to resources (institutional disclosure), cultivate intimacy and belonging (social disclosure), or support claims for legal protections (legal disclosure). This article analyzes SGM unaccompanied minors’ disclosures as shaped by the evolution of their legal consciousness in pursuing legal relief and incorporation in the United States. Ethnographic observations and in-depth interviews from 2014–2019 with 11 SGM unaccompanied minors reveal a striking pattern in their disclosure practices. During apprehension and detention, minors engaged in social, institutional, and legal disclosure of their SGM status. However, their interactions with agents from the Departments of Homeland Security and Health and Human Services led them to believe that SGM rights, support, and acceptance were contingent on legal status. Later, upon release from state custody, minors withheld legal disclosure from their deportation proceedings and immigration cases, even against the advisement of their attorneys. They also became more strategic in their social and institutional disclosure across other contexts. Post-legalization, however, minors broadened their disclosure practices and embarked on claims related to their SGM status. This study raises implications for research and policy. By analyzing shifts in legal consciousness over time, how certain experiences become reference points for how immigrants understand the law with respect to their identity and related behaviors are illustrated. It also extends the discussion of the far-reaching implications of SGM punishment and the disadvantages of immigration detention for children and youth.

This article analyzes how the European Court of Human Rights (ECtHR) handles evidence of pushback, where states violently force asylum seekers away from borders. An examination of how the experiences of pushback survivors get translated (or not) into judgments contributes to theoretical discussions about truth, epistemic practices, and law. The article asks why so little of what researchers, journalists, civil society actors, and international organizations have documented about European border violence is visible in the court’s judgments. Based on a mix of legal and anthropological research methods, the article traces how states and the ECtHR erase pushback evidence at borders and during litigation. Taking seriously on equal grounds the construction of facts outside and inside a court room, the article connects external perspectives on the production of evidence with an internal analysis of evidence in judgments. In doing so, the article highlights the political dimensions of seemingly merely technical and legal procedures. We argue for a clearer separation of courts’ and states’ versions of facts, contending that the presumption of the states’ good faith should no longer apply when there is evidence, including in case law, of misrecordings and false statements by respondent states.

The International Criminal Court (ICC) has come under challenge in recent years as some countries have decided, or considered, to withdraw from it. Against this backdrop, an emerging literature has begun to examine attitudes toward the court among the general public as a key court constituency. However, little is known about how domestic elites perceive the court. This research gap is particularly surprising given that domestic elites have a considerable impact on both public and state support of the court. This article explains why political and societal elites across world regions have confidence or lack confidence in the ICC. We present the results from a unique survey of 722 elite respondents conducted from 2017 to 2019 across six countries: Brazil, Germany, the Philippines, Russia, South Africa, and the United States. We furthermore enrich our analysis by using public opinion data to draw comparisons between elites and the general public. The analyses reveal that the views of elites are most consistently related to their perceptions of other, more well-known international organizations and their country’s relationship with the ICC. Our findings indicate both similarities and differences between how elite and public opinion about the ICC are formed, demonstrating the value of further research on elite opinion on international courts.

This study investigates how agents in contested occupations justify and legitimize their work. It examines Immigration and Customs Enforcement (ICE) attorneys who prosecute immigrant removal cases on behalf of the federal government, delving into the narrative strategies that attorneys use to attain self-legitimacy within the agency. While existing literature suggests that self-legitimacy stems from either public support or an intrinsic belief in one’s deservingness of power, this study introduces a third pathway to self-legitimacy, agency entrenchment, in which government prosecutors draw on a highly internalized sense of patriotism and a duty to their organizational role, in the face of heightened public protest and changing administrative priorities. Analyzing forty in-depth interviews with ICE attorneys, this study identifies two primary approaches to agency entrenchment. The first is a bureaucratic approach, in which attorneys derive an internalized sense of duty from the existing law. The second is an enforcement approach, in which attorneys derive moral authority from what they see as their protector status. By deploying these narratives of self-legitimacy, ICE prosecutors attempt to resolve perceived conflicts between their legally mandated responsibilities and the ethical and reputational criticisms they encounter. The findings contribute to the broader understanding of the occupational dynamics between political polarization and law enforcement prosecution.