The “50 percent rule” is an Israeli judicial doctrine that has played a pivotal role since the early 1960s in deciding disputes between the Israeli government and Palestinian landholders under Article 78 of the Ottoman Land Code. It was first institutionalized during a government land‐claiming campaign aimed at providing state land for settlement‐based Judaization of Israel's predominantly Palestinian Galilee region. Two decades later, during a similar state land‐claiming campaign, the doctrine diffused into the occupied West Bank. Drawing on spatial components of social science diffusion literature and work in the field of legal geography, this article offers a legal‐historical‐geographical analysis of the evolution and diffusion of the 50 percent rule. Its conclusions suggest a new spatialized approach to the study of legal transfers and transplants that conceptualizes law's movement across international borders as one component of a broader process of legal diffusion, in which internal diffusion also plays an important role.

This article presents findings from a qualitative study of seventy‐one New York immigration lawyers who are engaged in private practice. It focuses on the lawyers' backgrounds, career paths, and early professional training and describes, inter alia, the unusual diversity of this bar, the lawyers' reasons for practicing immigration law, the ways in which they learn to practice law, and the strong sense of community within the private immigration bar. It uses the idea of communities of practice to help understand how lawyers learn from their colleagues and are influenced by them. The article identifies several factors that may contribute to the supportiveness of the bar and the strong sense of community within that practice specialty, notwithstanding its great diversity. It concludes by making some preliminary comparisons between immigration lawyers and lawyers in other practice specialties and by identifying some questions for future study.

This article investigates the contribution made by the concept of citizenship to contemporary understandings of the widely held business corporation. Because the conventional economic understanding of corporations and corporate law cannot fully explain the nature of the business corporation and the purposes of corporate law, the framework within which teachers and students of corporate law approach the corporation must be enlarged. By looking at the corporation exclusively through the lens of economics we are unable to account for all features of the corporation and corporate law, and we risk mistaking the purpose of these features, or wrongly supposing that they serve no purpose. The article proposes that through resort to a distinct set of conceptual tools—the concept of citizenship, borrowed from political theory—we can attain a fuller comprehension of the meaning of the corporation.

The phenomenon of child sexual abuse has been widely acknowledged across many societies, including Ghana. Efforts to address this problem in Ghana have yielded limited success because this type of child abuse is severely underreported. This study explores the relevance of three cultural factors, namely, patriarchal nuances, (child) rape myth acceptance, and a “collective shame problem,” to the understanding of the problem of nondisclosure of child sexual abuse in Ghana. Evidence from an exploratory study provides support for the importance of these factors. The findings are discussed and the need for further research highlighted.

This essay uses three publications—the 1967 President's Crime Commission report on police, The Challenge of Crime in a Free Society; the National Research Council's review of research on policing, Fairness and Effectiveness in Policing: The Evidence; and David Weisburd and Anthony A. Braga's edited collection, Police Innovation: Contrasting Perspectives—as reference points for reflecting on the extent to which the American police institution has moved toward a progressive and professional ideal over the past forty years. I argue that unless the scope and complexity of the policing function is more fully taken into account, and unless the causes of crime and disorder and the police role in controlling and preventing them are reconsidered, the ideals of police reform will remain elusive.

The transitional justice literature highlights various trade‐offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. This article examines how international legal body rulings on lustration laws have interpreted rule‐of‐law versus justice concerns. The European Court of Human Rights and the International Labour Organization have explored possible information problems, due process violations, employment discrimination issues, and bureaucratic loyalty concerns within the context of lustration. Three findings emerge from their legal rulings. First, contrary to popular notions, international legal bodies are not antilustration. The institutions are engaging with questions regarding the fair implementation, not the legality, of lustration laws. Second, the prioritizing of justice concerns during the transition efforts is highlighted as a way to lay a strong democratic foundation. Third, the organizations have emphasized the importance of placing rule of law in historical context, thereby situating post‐Communist societies within other posttotalitarian regime‐building narratives.

The last thirty years in anthropology, as well as in linguistics and in many of the other social sciences, have been characterized by a shift in theoretical focus from structure to practice. In The Language of Law School: Learning to “Think Like a Lawyer” (2007), linguistic anthropologist and law professor Elizabeth Mertz has brought this practice perspective to bear on the extraordinary linguistic and cultural venue that is the first‐year law school classroom. In revealing the linguistic realities of teaching new students to “think like a lawyer,” she raises fascinating questions about the relationship between language and thought, the subtle effects of legal education, and the nature of law itself.

This essay reviews five books as they relate to the causes and political consequences of mass imprisonment in the United States and the comparative politics of penal policy: Ruth Wilson Gilmore'sGolden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California (2007); Jeff Manza and Christopher Uggen'sLocked Out: Felon Disenfranchisement and American Democracy (2006); Jonathan Simon'sGoverning Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (2007); Michael Tonry, ed., Crime, Punishment, and Politics in a Comparative Perspective (2007); and Bruce Western'sPunishment and Inequality in America (2006).

The essay first examines the enormous and growing political repercussions of having a vast penal system embedded in a democratic polity, including the political and electoral consequences of felon disenfranchisement; increasing political, social, and economic inequality for people marked by the penal system; and the phenomenon of “governing through crime.” It also analyzes emerging strategies of resistance to US penal policies and mass incarceration, why some countries are more vulnerable to hard‐line penal policies than others, and what it will take to reverse the US prison boom.

This essay synthesizes recent writing on the constitutional history of slavery, featuring Mark Graber's Dred Scott and the Problem of Constitutional Evil (2006). It offers a historical and legal analysis of Dred Scott that attempts to clarify the roles of both law and politics in controversial judicial decisions. It joins Graber in rehabilitating Chief Justice Taney's Dred Scott opinion as a plausible implementation of a Constitution that was born in slavery and grew only more suffused with slavery over time. It integrates much recent writing on the social, political, and constitutional history of slavery to develop the context in which the Dred Scott opinions must be read. And it finds that Justice Curtis's celebrated dissent amounted to an unjudicial manipulation of the law, albeit for the higher purpose of striking at the political hegemony of the slaveholding class.

This essay is an abridgement of a longer work (Leonard 2009) that offers, among other things, further analysis of the unjudicial character of Curtis's dissent.

Drawing on John Witt's 2007 book, Patriots and Cosmopolitans: Hidden Histories of American Law, this essay explores the role of the interwar civil liberties movement in rehabilitating the discourse of rights and privatizing the American welfare state. In the years after World War I, most proponents of free speech were hostile to Lochner‐era legalism and preferred to pursue civil liberties through legislative and regulatory measures as a means of advancing the public interest. By the onset of World War II, however, they had instead adopted a court‐centered strategy that emphasized individual autonomy. The popular and political resonance of their new state‐skeptical vocabulary suggests that post‐New Deal liberalism in America was a hybrid of classical and Progressive approaches.

Viviana Zelizer's recent book, The Purchase of Intimacy (2005), presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships—a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer's critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships and then explains her more three‐dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer's approach to transfers of genetic material and concluding that her approach could point toward a more equitable resolution of disputes in and about these markets.

This essay places George W. Bush's presidency and the Bush administration in some historical context by applying the model of “political time” developed in recent books by Stephen Skowronek (2008) and Keith Whittington (2007). My thesis is that Bush's political failure during his second term was largely the result of structural tensions created by the attacks of September 11, 2001, that no leader could have overcome. This argument is an extension of Skowronek's and Whittington's views that the executive branch's relationship to other governing institutions is shaped primarily by the president's relative position in the party system. In essence, 9/11 undermined the coalition forged by Ronald Reagan by pushing President George W. Bush to pursue radical change. These actions could not be squared with his need, as the leader of the majority party, to maintain electoral stability. A presidency divided against itself in this way cannot, and did not, stand.

A growing empirical literature examines the role of incarceration in labor market outcomes and economic inequality more broadly. Devah Pager's book, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (2007), offers compelling evidence that employment opportunities for former prisoners—especially black former prisoners—are bleak. I review Pager's methods and findings, place them in the context of previous work, and discuss the relation of race to a criminal record. I then explore several lines of related research that investigate the increasing reach of criminal punishment into various social realms. One goal of this essay is to draw research on economic inequality into the law and society literature.

In her book Mapping Marriage Law in Spanish Gitano Communities (2006), Susan Drummond challenges the disciplinary perspectives of comparative law and legal anthropology in her study of Gitano marriage practices. By reframing the way in which the “local” or “locale” is viewed—through an ethnographic study of Gitanos—she displaces the traditional boundaries ascribed to comparative law, with its focus on taxonomy and structure, and with legal anthropology's approach to culture. Her study not only elucidates how national and transnational law intersect, but highlights the complex interconnections between local law and the larger systems of law that attempt to regulate it. This detailed interdisciplinary depiction of the spatial and temporal dimensions of law demonstrates the importance of taking account of scale, projection, and representation that requires both comparative law and legal anthropology to rethink the nature of space and place and their relationship with law from both their macro‐ and microperspectives.

This essay reviews The Cult of Statistical Significance: How the Standard Error Costs Us Jobs, Justice, and Lives, by Stephen T. Ziliak and Deirdre N. McCloskey. The book's core message is that statistical significance should not be equated with substantive significance and that empirical researchers should convey more information about the magnitude of relationships and effects than many now do. This essay summarizes, approves of, and elaborates on Ziliak and McCloskey's message with special attention to concerns of the legal academy. It clarifies appropriate uses of significance tests within the research framework of controlling for plausible rival hypotheses.