Efforts to understand racial inequality in policing often focus on the micro-level, examining the situational dynamics of police-citizen encounters. This Article explores racial inequality in policing from another angle: it asks how the police organization responds to and further constructs the surrounding urban environment. I examine a police department’s move toward local and decentralized approaches, captured in a redistricting reform and subsequent district-level strategies and initiatives. I draw on several sources of data, including public documents, in-depth interviews with decision makers and stakeholders, a year of ethnographic observation of police work in two districts, and data on calls for police service. I find that the police drew upon symbolic ideas that emphasized the violence of black neighborhoods and the economic value of white neighborhoods in developing local strategies. As they acted in relation to these distinctions, the police amplified disparities in service provision and social control, consolidating the character of an already segregated and unequal landscape

There is widespread concern among scholars, court actors, and policy makers that the number of pro se litigants is increasing. However, we have little empirical evidence of the scope of pro se litigation, especially in the federal court system. Using data from the Administrative Office of the U.S. Courts on all civil case filings since 1999, we investigate the prevalence and rate of pro se litigation in federal district courts. We find no evidence of a dramatic rise in pro se litigation, but we document substantial variation in rates of pro se litigation by type of case and circuit of filing. The results have implications for our understanding of self-representation and for the development of policies addressing access to civil justice.

Over the past three decades, the legal profession has experienced globalization, the rise of mega-law firms, and intensified competition. These transformations have been associated with declining career perspectives, the hyper-specialization of legal work, and increased levels of stress. We argue that the concept of alienation offers valuable insights into these changes by providing an original analysis of the objective and subjective experiences of early career lawyers at work. We elaborate a multidimensional typology that covers the content and retributions of legal work. By categorizing experiences of alienation along these two axes, we identify four ideal-types of alienation: powerlessness, purposelessness, time deprivation, and unfairness. Based on qualitative studies carried out in France and Switzerland, we illustrate how young lawyers differentially experience each type of alienation, according to gender, status, and firm size. We conclude by suggesting how these factors combine to produce long-terms effects, such as the high female attrition rates observed in the Swiss and French legal professions.

Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. But bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in the government of Taiwan, one of the few successful third wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executing legislative mandates but as producing them in the first place, and they figure bureaucracy as a key site for political participation. I put these views into historical context to elucidate how bureaucracy can compete for democratic bona fides with common democratic indicators like constitutions and elections. This article contributes to scholarship on the ethnography of bureaucracy, administrative accountability networks, and the internal law of administration. In particular, I stress the importance of administrative culture as a central aspect of political legitimation.

Landlords’ decisions significantly shape the housing outcomes of poor and stigmatized renters. Despite this important gatekeeping role, studies of antidiscrimination law have not thoroughly examined how private market actors respond to reform efforts or how private property rights potentially enable them to evade regulation. This study draws on ethnographic data gathered between late 2015 and early 2018 to examine how and why Seattle landlords opposed an ordinance regulating the use of criminal records in rental housing. The findings indicate that landlords’ opposition stems from their expectation that property protects owners’ ability to control their exposure to risk. Yet conceptions of property and risk perception alone cannot explain how landlords can evade regulation. Toward this end, I show how private property rights facilitate adaptation by which landlords can legally circumvent the intent of the law. The study highlights the value of a sociolegal framework of property in action, which incorporates cultural notions of ownership, legal rights, and the regulatory and market environments that shape owners’ discretion. I suggest that greater attention to risk discourse and property rights will deepen our understanding of the limits of antidiscrimination law and the ability of private market actors to adapt to, and resist, legal reform efforts.

This article examines the role of racial identity in the configuration of opinions about the police. We argue that racial identity links social context to individual valuations of law enforcement, moderating the association between specific encounters and general views on police legitimacy and effectiveness. These propositions are assessed using data from a sample of 451 Black and Latino/a youth in New York City. Findings lend partial support for the hypothesis that, for youth with a strong racial/ethnic identity, the detrimental consequences of more “coercive” stops and stops seen as disrespectful are amplified for valuations of legitimacy but not of effectiveness. We discuss these findings in the context of emerging work connecting race, law, and procedural justice at the micro- and macrolevels.

Work requirements backed by threats of incarceration offer a fertile but neglected site for sociolegal inquiry. These “carceral work mandates” confound familiar accounts of both the neoliberal state’s production of precarious work through deregulation and the penal state’s production of racialized exclusion from labor markets. In two illustrative contexts—child support enforcement and criminal legal debt—demands for work emerge as efforts to increase and then seize earnings from indigent debtors; an ability to pay is defined to include an ability to work. In a third, demands for work are imposed directly through probation, parole, and other community supervision. In each context, the carceral state regulates work outside of prison. It defines appropriate labor conditions through concepts of voluntary unemployment, and it enables employers to discipline or retaliate against workers by triggering state violence. Additionally, mandated work may be removed from employment law protections when the carceral context dominates its sociolegal meaning. Finally, the resulting vulnerable workforces can be used to displace or discipline other workers not personally subject to carceral work mandates. Analogies to welfare work requirements, workplace immigration enforcement, and prison labor illustrate these points. Implications are considered for theorizing contemporary racial political economy.

Scholars pointed out that antidiscrimination laws do not fully undermine workplace discrimination and that affirmative action policies mostly benefit overqualified or advantaged individuals within minorities. To elucidate this paradox, this case study analyzes how some companies adopted specific selection and assessment processes for job seekers after the reinforcement of a quota for workers with disabilities in France. I observed the creation of alternative recruitment channels, the hiring of disability experts for recruitment, the refusal of resume sorting as a prescreening tool, and an emphasis on face-to-face interviews. While these changes circumvented practices that could have excluded people with disabilities (resume screening as a preselection tool, inaccessible venues for recruitment), they changed these practices only in limited spaces within the organizations. Additionally, while they did help more people get hired, they also compelled more personal disclosure that led to a more emotional assessment of job seekers and enabled “refined statistical discrimination” within pools of job seekers with disabilities. This research therefore reveals recruitment practices that may increase the number of individuals with disabilities hired but that, at the same time, may facilitate overselectivity and trigger significant risks associated with emotional recruitment of individuals with disabilities.

This article examines the challenges that the contemporary political economy of rental housing poses for new efforts to regulate tenant screening using antidiscrimination law. I draw on a case study of landlord practices in Seattle, Washington, where policy makers have been on the forefront of legal efforts to regulate how landlords screen and select rental applicants in the face of an acute housing crisis. The case study investigates tenant screening and selection practices from the divergent perspectives of the targets and intended beneficiaries of new fair housing regulations, using forty-six in-depth interviews with spokespersons or experts from the rental housing industry, independent landlords and property managers, and renters with criminal, eviction, and/or damaged credit histories. I use these data to examine how landlords’ discretionary decision-making and responses to regulation are shaped by the broader legal, institutional, and economic context in which they operate. The findings illuminate how a “landlord’s market” amplifies the power imbalance that is characteristic of landlord-tenant relations, exacerbates the housing access problems posed by the proliferation of background checks, and frustrates new legal efforts to dismantle screening-related barriers to rental housing.

For more than a century, a partnership position in a large corporate law firm has almost universally been held out as the singular mark of success for those with a law degree. We find that despite significant transformations in the profession, including dramatic expansion in size and the opening of corporate law positions to women, minorities, and the graduates of lower-ranked schools, the powerful and prestigious positions of corporate law partners remain largely reserved for those with the most elite credentials and other characteristics—male, white, wife at home—that defined law firm partners before the great period of change. By examining the continuity and change in the sorting of legal elites, we find evidence that the experience of a position in a corporate law firm now bestows advantages even for those who do not make partner. What was once deemed a failure—not making partner—is now a source of valued capital that leads to careers in in-house positions, boutique firms, the federal government, and a host of nonequity partner positions. We draw on thirteen years of lawyers’ career histories from the After the JD study, using the techniques of sequence analysis and qualitative interviews.

What are the effects of wearable police cameras on perceptions of the police? In this study, we report causal estimates from a crossover randomized controlled trial in Uruguay on the effects of use of body-worn cameras by traffic police on the perceptions of legitimacy and satisfaction by drivers ticketed for traffic violations. We pay particular attention to the effects on procedural justice—that is, perceptions of the fairness of the interactions between officers and drivers—without neglecting other features of legitimacy (i.e., effectiveness, distributive justice, and lawfulness). With the exception of lawfulness, wearable surveillance apparatuses showed improvements across all dimensions of legitimacy compared to control conditions, with medium to large effect sizes. The overall satisfaction from the police-public interaction was significantly higher when officers used body-worn cameras. These findings suggest that wearable surveillance technology can lead to enhanced perceptions of legitimacy across multiple dimensions, not just increased efficiency, as well as the perceived overall quality of police-public interaction.

In the landmark case Home Building & Loan Association v. Blaisdell (1934), the Supreme Court of the United States upheld a state-level debt relief statute that was quite similar to those it had long deemed to violate the Contracts Clause. The dissent even argued that the Contracts Clause was written precisely to prohibit this type of state legislation. Rather than seeking to understand or characterize this doctrinal shift, as most work on Blaisdell has done, this article argues that Contracts Clause doctrine had never actually eradicated the state practice of intervening in contracts. The article both highlights and explains the long-standing mismatch between Contracts Clause doctrine and state legislative practice that preceded this ruling. Whatever Blaisdell meant as a matter of doctrine, it should also be understood as evidence of a durable state-level commitment to protecting debtors from the potentially ruinous consequences of private economic bargains.

This Article offers a qualitative examination of the ways in which Israeli legal actors reflect and construct cultural understandings of the relationship between inheritance and elder care in cases in which the deceased has bequeathed property to a caregiver. This Article demonstrates that Israeli courts and lawyers reinforce and promote a cultural schema of family as a pristine domain of unconditional love, albeit one that has been emptied of the daily responsibilities of fulfilling the basic physical needs of elderly kin. Such a cultural schema diminishes the traditional parameters of family responsibility in order to adapt to present circumstances of elder care, while continuing to privilege the custom of keeping money in the family. Hence, this article reveals how inheritance law supports and enhances class reproduction through the institution of the family.

Constitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political scientists and scholars of comparative constitutional law have analyzed the transnational movement of constitutional ideas and norms, but the political processes through which the meaning of foreign provisions might be refashioned remain understudied. Sociolegal scholars have examined the “transplantation” and “translation” of laws and legal institutions, but they rarely scrutinize this process in the context of constitutions. Drawing on an examination of borrowed constitutional elements in four cases (Pakistan, Morocco, Egypt, Israel), this article builds on research in comparative politics, comparative constitutional law, and sociolegal studies to provide a nuanced picture of deliberate efforts to import “inclusive” constitutional provisions regarding religion-state relations while, at the same time, refashioning the meaning of those provisions in ways that “exclude” specific forms of religious, sectarian, doctrinal, or ideological diversity. Building on sociolegal studies regarding the translation of law, we argue that foreign constitutional elements embraced by politically embedded actors are often treated as “empty signifiers” with meanings that are deliberately transformed. Tracing the processes that lead political actors to engage foreign constitutional elements, even if they have no intention of transplanting their prior meaning, we highlight the need for detailed case studies to reveal both the international and the national dynamics that shape and reshape the meaning of constitutions today.

China’s juvenile justice system has grown and changed substantially since the 1980s. While considerable research focuses on institutional treatment of juvenile delinquents, little attention has been paid to the diversion processes and measures that allow troubled juveniles to be directed away from the formal justice system. Through a comparison with juvenile justice in the United States, this article aims to investigate the development of the juvenile diversion framework in China. We argue that despite their similar efforts to divert juvenile delinquents from traditional court proceedings, in practice China’s diversionary arrangements diverge from those of their US counterparts. Unlike in the United States, Chinese juvenile diversion does not operate according to welfarist or restorative models. Rather, juvenile diversion in China is a managerialism-driven scheme that rests on two key pillars: institutional diversion, which imposes punishment and control on juvenile offenders pursuant to their level of offending and dangerousness, and noninstitutional diversion, which revolves around risk-based management and correction through community-level interventions. We conclude that China’s distinctive sociolegal culture and political priorities have shaped a practice that appears to be at odds with the officially advertised narratives of the state’s juvenile justice policy.

What happens when courts reach “good” outcomes through “bad” reasoning? Are there limits to consequentialist jurisprudence? The Indian Supreme Court’s recent decision in IYLA v. State of Kerala offers important insights on both issues. IYLA, decided in September 2018, held that the Hindu temple at Sabarimala may not ban women aged ten to fifty from its premises even though devotees argue the exclusion is religiously mandated. Reactions to IYLA have been vehement and violent, and so far only two women in the prohibited age range have managed to visit the temple. Perhaps any outcome impinging on religious practice would have elicited such responses. Nevertheless, the Court’s analysis, which disregarded devotee perspectives in its eagerness to acknowledge the previously overlooked perspectives of women, is problematic insofar as it superficially upholds the Court’s reputation as a progressive institution while creating bad precedent by further damaging the “essential practices” doctrine. This article draws on case law and legal analysis to demonstrate how the Court’s reasoning paid short shrift to its own doctrines and to conflicting imperatives in the Indian Constitution. The Court’s (and ruling’s) failures underscore the extent to which winning good outcomes through bad reasoning should be sobering rather than satisfying.

In authoritarian contexts where the state is the primary performer in the public sphere and legal mobilization is constrained and repressed, activists often seek to carve out a public space to confront the frontstage and backstage of the state’s performance in order to pursue collective action. Comparing the online legal mobilization of feminist and lawyer activists in China, this article investigates how performance arts are used by activists to challenge the authoritarian state in the age of social media. Performing “artivism” is to create conspicuous spectacles in the public eye for the purposes of exposing the state’s illegal or repressive backstage actions or promoting alternative values and norms different from the official ideology. By subversively disrupting the evidential boundaries set by the state, Chinese activists have been able to gain momentum and public support for their legal mobilization. However, it was precisely the success of their artivism that contributed to the government crackdowns on both feminists and lawyers in 2015.

In the wake of rape law reforms, lack of sexual consent emerged as a key element that defined sexual contact as criminal. Its presence modified the requirement of force or threat of violence, and it gained traction in campaigns to eradicate sexual assault. Little is known, however, about how prosecutors assess consent. In this article, I use the case of statutory rape to better understand the legal construction of sexual consent. By focusing on an age-based class of individuals who are sexually mature but still under the age of consent, I show how legal actors identify sexual victimization among youth. Drawing on interviews with forty-three prosecutors, I analyze prosecutorial decision making during the investigation, charging, and trial phases. I find that sexual consent is not simply a dichotomous legal category but rather a sociological process. Prosecutors define sexual victimization based on informal ideas about normative adolescent sexuality, reproducing social hierarchies based on age, gender, and sexual identity.

What is the value of surrogate labor and risks, and how is it negotiated by participants as they contract within an unsettled baby market? This article presents novel data on compensation, fee, and bodily autonomy provisions formalized in surrogacy contracts, and the experiences of actors embedded in exchange relations, as they emerge in a contested reproductive market. It combines content analysis of a sample of thirty surrogacy contracts with 115 semi-structured interviews conducted in twenty states across the United States of parties to these agreements, attorneys who draft them, counselors, and agencies that coordinate matches between intended parents and surrogates. It analyzes the value of services and medical risks, such as loss of a uterus, selective abortion, and “carrier incapacity,” as they are encoded into agreements within an ambiguous field. Surrogacy is presented as an interactive social process involving law, markets, medicine, and a variety of cultural norms surrounding gender, motherhood, and work. Contracts have actual and symbolic power, legitimating transactions despite moral anxieties. Compensation transforms pregnancy into a job while helping participants make sense of the market and their “womb work” given normative flux. Contracts are deployed by professionals without informed policies that could enhance power and reduce potential inequalities.