Little research has been conducted on the behaviors of prosecuting attorneys and their interactions with rape survivors between charging and court events. Yet this period, during which prosecutors prepare rape survivors for their witness roles, may be crucial for obtaining successful convictions. Using intensive interviews with 32 rape survivors and background interviews with prosecutors, victim witness advocates, and rape crisis workers, I evaluated the nature of directives and information given to rape survivors and the frequency with which directives were conveyed before preliminary hearings and court events. I concluded that prosecutors employ 20 modes of preparation to construct rape survivors as credible victims for judges and jurors. They orient the rape survivor to the scope of the witness role and her place in the interaction with legal actors, direct her to enhance the credibility of her story, and enhance the credibility of her self'presentation. Research showed that prosecutors prepared respondents more thoroughly for trials than for preliminary hearings, but little overall. A large minority of respondents, consequently, reported dissatisfaction with the preparation they received. On the basis of the findings, I call for an extension of Martin and Powell's “politics of victim's needs,” attention to the importance of maintaining a perception of procedural justice among rape survivors, and further research into pre-court preparation.

Previous experimental research has found that self-Serving biases are a major cause of negotiation impasses. In this study we show that a simple intervention can mitigate such biases and promote efficient settlement of disputes.

The article explores an aspect of the debate over the place of women in the paid labor force. Focusing on disputes over “protective” labor policies, “fetal protection” policies in particular, the essay discusses the implications of such policies for the social meaning of parenthood. Using data from interviews with 49 mothers and 37 fathers of children in neonatal intensive care units, the essay presents evidence suggesting that traditional social values inherent in female-exclusive labor policies are inadequate when one is dealing with the practical needs of parents. A policy that views women as nurturing and men as economically active resides in assumptions that women have the sole biological connection to children and overly determines a narrow conception of parenthood. The parents in this sample demonstrate the ongoing and complex negotiations involved in parenting, negotiations that labor policies have often ignored.

Studies of prostitution have overlooked the role of law in constituting the identities and sexual practices of women in the sex trade and defining the boundary between legitimate and illegitimate violence in the sexual economy. Drawing on field work with sex trade participants in a northwestern United States city, this paper explores how the cultural logic of modern liberal law shapes women's identities and interpretations of their actions. In positioning women in the sex trade as “sexual outlaws” to be managed and subjected to the full scope of legal authority, the law simultaneously limits women's citizenship and withdraws its protection. Moreover, in restricting women's capacity to invoke fundamental legal rights, the law effectively sanctions “private” or extralegal forms of discipline and creates a space for violence. Given the paradoxical position these women hold as sexual outlaws on the one hand and frequent victims of physical and sexual assault on the other, I explore how they negotiate consent and resist violence.

In this study I explore the theoretical and linguistic implications of the Kennedy Smith rape trial, using transcriptions of real live testimony as data. I examine theoretically how the logic of inconsistency in trial testimony of the victim and other witnesses activates an interaction among language, law, and culture as an epistemological practice of domination. In microlinguistic detail, I examine the categorization of action, linguistic ideologies, and situated rhythms of legal language through which our sexual identities are constituted to create an apparent inconsistency in the victim's account. Looking at the law-in-action, I hope to show how social actors use language and culture to create meaning in their legal interaction.

An important debate among court observers is whether plea bargaining undermines the ideals of justice. This article presents findings that may rec-oncile some inconsistent research conclusions. It describes how, prior to plea bargaining, one group of court-appointed defense attorneys gauges the strength of evidence through a tacit, taken-for-granted process that emulates trial proceedings: based on their understanding of evidence in the legal community, defenders imagine a courtroom dialogue wherein the prosecution and defense take turns presenting their cases in front of a judge and jury. At issue throughout the dialogue is whether or to what extent information is suffident, legal, and persuasive enough to convict the defendant. Because the process is part of the defenders' ongoing and unspoken daily routines, it may elude unsuspecting investigators. Ironically, this means not only that some analysts may inappropriately conclude that legal ideals play no role in plea bargaining but also that others may ingenuously assume that such behavior is more ethical than it actually is.

In the 19th century, courts supervised states' social spending by limiting taxation to public purposes. The focus of this article is the courts' approach to pensions. Under a 19th-century doctrine, states could pay money to those who had served the state or, under the rubric of charity, to those who were the indigent helpless. States first paid pensions to people for military service and for serving as firemen; later in the century, the doctrine from these cases provided a framework for expanding civil service pensions as states expanded their civil service. Courts characterized the earlier pensions as earned because the service had been dangerous, requiring bravery from men and possibly leaving helpless women and children without protection. This characterization later shaped evaluations of civil service pensions. The doctrine persisted as states enacted pensions for widowed mothers; when these pensions were challenged in state courts, the courts approved of them as payments to helpless people, not as rewards to those who had served. This characterization counters recent scholarship that argues that mothers' pensions rewarded service as military pensions did.

In this paper I approach the European Union Treaties (Rome and Maastricht) and the European Court of Justice's jurisprudence from a Marxist standpoint. I argue that the treaties and case law of the European Union (EU) revolve around the rights of things (commodities), rather than of people. People primarily gain rights within the EU by demonstrating that they embody exchange value and are therefore personified commodities; people are not accorded rights merely for being human. In essence, the treaties and case law have enshrined Marx's notion of commodity fetishism, which Marx asserted to be a social mystification, into transparent law. Focusing on the grand scheme of the treaties' jurisdiction in this manner also illuminates the role of the court as it struggles to balance the demands of capital's self-valorization with fundamental human rights. I then consider the consequences of this balancing act for the EU integration process. I argue that this phenomenon as a whole also carries implications for EU civil society and for notions of legal equality among persons.

Despite professional norms of being socially responsible and providing service to the underprivileged, the attitudes of law students toward ethical duties and public service bear similarities to those of business students. Using data from multiple interviews with law and business school students at one university, I find that these attitudes develop in response to the expectations of peers and professors during school experiences. Ethics courses are marginalized by the schools, and courses focus on such pragmatic issues as the professional code of conduct (law school) or how the appearance of social responsibility affects the bottom line (business school). Provided with little guidance on what they might do when they encounter real ethical dilemmas, students larn vocabularies of motive concerning how lawyers and managers should balance profits, carry out responsibilities to various stakeholders, and weigh ethical concerns, and they then moderate their own expressions of extreme self-interest or self-sacrifice. Both groups learn to maintain social responsibilities only within reason, emphasizing the separation of work from personal convictions. These elements have implications for the performance of public service in their future careers, as well as for a scholarly understanding of professionalism.