Cuban popular courts have been a subject of widespread interest among Western scholars. This paper analyzes the factors which led to the development of this judicial experiment as well as the reasons for its demise. The success or failure of this experiment was closely tied to long-term economic and political goals of the Cuban government, which eventually came to require an institutionalized bureaucratic cadre to operate its judicial system. This shift doomed the popular courts and led to the emergence of the legal profession as one of the most influential groups within Cuban society.

Recent studies by Weitzman (1985) and Peters (1986) suggest that no-fault divorce has harmed women. The research presented here tests these findings by examining the effects of no-fault divorce on the financial situation of women using data on salary and wage income, home ownership, and child support from the National Longitudinal Surveys (NLS) of Labor Market Experience (Ohio State University Center for Human Resource Research [OSU], 1986) young women's cohort. The analyses do not support the hypothesis that no-fault divorce produces adverse financial effects. Rather, it appears that no-fault has had little effect on women's finances. Alternative models that might explain how divorce law affects the financial condition of women are suggested.

On the fourth day of the Detroit riots (1967), newspapers reported that three Negroes had been killed in a sniper battle at the Algiers Motel. The night before — Tuesday, July 25 — rumors of sniping were widespread. Responding to a telephone report of shots fired in the vicinity, a number of Detroit police officers, State Troopers and National Guardsmen rushed into the annex of the Algiers Motel. Inside, they found ten black men and two white girls. No guns were found. The police began questioning them. One hour later, when the police left, three of the men lay dead [Carl Cooper, Fred Temple, and Auburey Pollard], shot at close range. The others, including the two girls, had been severely beaten (Hersey, 1968; insert ours).

In this comment the author argues that Wagatsuma and Rosett correctly identify a critical cultural influence on the role of law and legal process in Japan. He suggests, however, a broader view of the implications of apology, notably for the United States in both civil and criminal suits.

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as “structural adjustment,” or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, “race,” gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and redress of historical injustices spurred the emergence of alternative imagined communities with the potential to transform the nation. These alternative visions for the nation were shaped and limited by the economic law and policy reform of structural adjustment, producing a new official nationalism of partnership, implemented in settlements of breaches of the Treaty of Waitangi 1840. These partnerships resulted in a new individual identity of Maori men as entrepreneurs in a competitive nation. It produced a symbolic alliance of men across race that silenced and erased Maori activists' demands, and the leadership of Maori women, at the national level. The high profile partnerships, the erasure of Maori women, and relentless media attention to claims of sexism in Maori culture reproduced colonial tropes with images of the “progress” of the partnerships “saving” brown women from the sexism of brown men and “traditional” cultures. In this complex process the settlements were rational exercises of agency by the new Maori entrepreneurs with the goal of achieving economic autonomy, and worked to silence and erase the leadership of Maori women at the national level, even while women continued to be recognized as leaders at the local and regional levels. This analysis suggests that realization of the transformative potential of claims for redress of historical racial injustices requires attention to the repetition of raced and gendered dynamics of imagined communities that shape and limit that potential.

Kadijustiz is a concept well known from the work of Max Weber. Its essential element, the means by which judicial discretion and equitable assessments are actually made, is, however, less clearly documented. Drawing on a detailed study of a qadi's court in contemporary Morocco, the present article shows how cultural assumptions give shape to the judge's modes of reasoning, factual assessments, and choice of remedies. The study suggests that if careful attention is given to the broader cultural precepts within which judicial discretion is located, Kadijustiz, whether represented by an Islamic court official or a Western justice of the peace, will be seen to possess definite regularities.

Contemporary criminological research on immigration has focused largely on one aspect of the immigration process, namely, the impact of in-migration (i.e., presence or arrival) of foreign-born individuals on crime. A related but understudied aspect of the immigration process is the impact that the removal of certain segments of the foreign-born population, and specifically undocumented or deportable aliens, has on aggregate levels of criminal violence. In an effort to cast new light on the association between forced out-flows of immigrants and crime, we begin with descriptive analyses of patterns of deportation activity across the continental United States over an eleven-year period (1994–2004). We then examine the relationship between deportation activity and violent crime rates in a multilevel framework wherein Metropolitan Statistical Areas (MSAs) are situated within border patrol sectors. The results of dynamic regression modeling indicate that changing levels of deportation activity are unrelated to changing levels of criminal violence for the sample of MSAs for the national at large. However, we also detect significant interactions by geographic location for selected violent offenses. For MSAs within sectors along the Mexican border, the deportation measure exhibits a significant negative effect on one indicator of criminal violence—the aggravated assault rate. For MSAs within non-border sectors, the effect of the deportation measures is significantly positive for the violence crime index and the aggravated assault rate. Overall, our analyses indicate that the relationship between deportation and criminal violence is complex and dependent on local context.

We live our lives against an extensive backdrop of legal rights and responsibilities, yet a growing number of studies indicates low levels of public legal literacy. In the context of opposite-sex cohabitation and marriage law, this study employs new survey data from the United Kingdom to explore, in detail, how many and which people are ignorant of the law, and what are the nature and origins of erroneous beliefs. We find that people's beliefs about both cohabitation and marriage law are frequently wrong. They are also strikingly similar, and reflect the divergence of social attitudes from the law. Our findings are consistent with the notion that legal literacy links to salience of issue. They are also consistent with recent public legal education initiatives that affected public understanding of cohabitation law, but we argue that social attitudes and the intransigence of erroneous beliefs generally present significant challenges to such initiatives.

I analyze the case of humanitarian pro-migrant activists in southern Arizona between 2000 and 2010 to explore how contending groups wield law and legality claims in a dynamic policy environment. Humanitarian activists both evade and engage the law. They appeal to a higher law to elude charges that they are acting illegally, while seeking assurances that their actions are within the law. Law enforcement agents rely on the authority and technical neutrality of the law in redefining humanitarian aid as illegal, while expanding their own claims to carry out humanitarian work. This case study of advocacy on behalf of “illegal” migrants highlights how both activists and those who enforce the law redefine legality in strategic ways.

The article addresses the tension between nation-state memory and the law through “memory laws.” In contrast to laws that ban genocide denial or a positive perception of a violent past, I focus on laws that ban a negative perception of a violent past. As I will show, these laws were utilized for a non-democratic purpose in the last decade or more: They were proposed in order to limit public debate on the national past by banning oppositional or minority views, in contrast to the principles of free speech and deliberative democracy. Their legislation in such cases also stands in opposition to truth-telling efforts in the international arena. I compare two cases of memory legislation, in contemporary Russia and Israel, and evaluate their different impacts on democratic public debates in practice. A third case of “failed legislation” in France compliments the analysis by demonstrating not only the capacity but also the limitation of state power to silence or control public debate using the law. Although national laws often reflect majority culture and memory, I propose that memory laws in Russia, Israel, and France present an escalating degree of minority exclusion—from omission to active banning.

Our theory states that the police function, in its modern form, is linked to economic specialization and differential access to resources that occur in the transition from a kinship- to a class-dominated society. This theory shows the incremental steps by which this transition may come about, both historically and cross-culturally. In addition, we examine the implications of these steps for modern police-community relations.

Our theory is constructed from both anthropological and historical materials. It consists of four interdependent propositions: (1) The origin of a specialized police function depends upon the division of society into dominant and subordinate classes with antagonistic interests; (2) specialized police agencies are generally characteristic only of societies politically organized as states; (3) in a period of transition, the crucial factor in delineating the modern specialized police function is an ongoing attempt at conversion of the social control (policing) mechanism from an integral part of the community structure to an agent of an emerging dominant class; and (4) the police institution is created by the emerging dominant class as an instrument for the preservation of its control over restricted access to basic resources, over the political apparatus governing this access, and over the labor force necessary to provide the surplus upon which the dominant class lives.

We argue that the police institution has a double and contradictory origin and function, for at the same time and in the same society it may be both the agent of the people it polices and of the dominant class controlling these same people. An analysis linking the origin of the modern police function to social change in classless societies has important implications for an understanding of contemporary problems in police-community relations. It allows the dynamics of the social control function of police in small, homogeneous social units to be integrated with a consideration of its role in a complex society. Such an analysis also illuminates how an understanding of this specialized role may be obscured by the more general social control function of police displayed in simple social units, resulting in differential and conflicting expectations about the role and functions of police in the modern world.

This paper examines transcriptions of tape-recorded plea bargaining sessions. It treats plea bargaining as a naturally occurring activity and seeks to discover formal decision-making patterns. In plea bargaining, participants have ways of exhibiting and responding to positions on how the case they are involved in should be handled. A decision is reached when the negotiating parties agree on a single position, and this is achieved by one of three different patterns or modes. Each pattern involves the presentation of (A) an opportunity for arriving at a mutually acceptable disposition and (B) the option of delaying determination of the disposition by continuance or trial. The ordered ways in which opportunities and options are related to each other constitute a discourse system for negotiation. This system exerts a “pressure” for the here-and-now resolution of cases, independent of negotiating parties' desires and inclinations. The focus on patterns of decision-making reveals a diversity of results and an interesting distribution of cases among the decision-making patterns.

This paper focuses on the impact of fee arrangement on the amount of time lawyers are likely to devote to civil cases (“effort”). Drawing upon data collected by the Civil Litigation Research Project, we compare the behavior of lawyers working on an hourly fee basis with the behavior of contingent fee lawyers. Like previous work on this issue, the paper finds that fee arrangement does influence the amount of effort lawyers devote to a given case. However, contrary to previous work, the analysis indicates that the effect is not a simple effect on hours worked but a more complex effect on a number of aspects of lawyers' behavior. Together these produce an effect on hours that varies by size of case. For modest cases (with stakes of $6,000 or less), contingent fee lawyers spend less time on a case than hourly fee lawyers. Yet we find no statistically significant evidence of a differential in effort for larger cases but rather an indication that, if there is an effect, it may be in the opposite direction.

Legal powers given to administrative agencies are frequently used as bargaining chips in negotiations between government and business. This paper develops a typology that helps to explain the empirical variety of such bartering. Inquiring into the historical development of bartering, the article shows that what is new is not the practice of but the discourse about bartering. The discourse legitimates bartering with legal powers. This, in turn, will reshape practice, affecting the bargaining positions of the parties, the mode of law-making, the role of third parties and the public, and the potential of the law to induce social change.

State supreme courts frequently cite each other as authorities. These citations constitute the interstate communication of precedent. The major direct predictors of this inter-court communication are the legal capital of the cited court, the difference in legislative innovativeness between the two states, and contemporaneous interstate migration. After 1940, inter-court communication is more strongly related to interstate migration than to any other predictor in the analysis. The relationship between interstate migration and inter-court communication suggests that the interstate communication of precedent is affected by cultural regionalism. Inter-court communication is not increased by similarity between states in population size or in levels of urbanization and industrialization. Courts of populous and urban states are cited more by courts of less populated and rural states, but these relationships are mediated by differences in legal capital, legislative innovativeness, judicial professionalism, and interstate migration. Judicial professionalism and the West's regional reporter system are directly related to inter-court communication in the later years surveyed.

Analysis of courtroom testimony heard in London's Central Criminal Court in the 10 years following the McNaughtan acquittal (1843) reveals the effort of medical witnesses to establish a distinctive and essential voice in the Victorian insanity trial. Three trials that illustrate this effort are examined for the manner in which practitioners of mental medicine distinguished their opinion from the layperson's fact and, in the process, engaged pivotal issues for the determination of criminal responsibility. Their testimony and the attorneys' questions that elicited it suggest that whatever reliance the judiciary might have placed on the McNaughtan Rules to confine testimony to the defendant's capacity to “know right from wrong,” medical witnesses devised ways to circumvent and indeed dismiss the relevance of this particular inquiry.

Qualitative interviews with one hundred defendants in Dutch criminal cases examine whether perceived procedural justice is a relevant concern for defendants, and, if so, which procedural justice components they refer to. The study provides a point of epistemological departure from the quantitative studies dominating the field, as it assessed which components of procedural justice (if any) respondents put forward themselves rather than asking about predetermined procedural justice components. The large majority of respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.

The paper examines the theoretical and empirical adequacy of Donald Black's (1976) The Behavior of Law. The work is found to be logically incoherent and its operationalization of variables problematic. The evidence that bears on its propositions does not consistently support them.