The demography of the legal profession has changed rather dramatically in recent decades, yet the consequences of a more racially and ethnically diverse pool of lawyers for the administration of justice have not received significant attention. The present research examines how the racial composition of the local legal profession affects one facet of criminal law: the sentencing of convicted defendants. Building on prior work in the fields of law, stratification, and mobility, we hypothesize that racial and ethnic disparities in sentencing are mitigated where the legal profession is more diverse. In line with this hypothesis, analysis of data from a sample of large urban counties taken between 1990 and 2002 shows that the black-white racial disparity in sentencing attenuates as the number of black attorneys in the county increases, net of the percent black in the county and other possible confounding variables. Comparable results are found for Hispanics. The findings are discussed in the context of a demographically changing legal profession and prior work on racial disparities in the justice system.

Much of the recent literature on customary property relations in sub-Saharan Africa has highlighted underlying characteristics of negotiability and indeterminacy. Custom is prone to reinvention as resource claimants manipulate customary references across multiple forums for property legitimation and authority. This article focuses on the resilience of customary property relations in East Timor. Based on a study of customary authority in the village of Babulo, we conclude that traditional Timorese narratives of first possession, where land authority is claimed by groups that trace descent to a mythic first settler, have acted as adaptive and resilient focal points for the reproduction of customary property relations in historical circumstances of war, colonization, and occupation. While a finding of customary resilience is not new to postcolonial contexts, the relative novelty of our study lies in its structured explanation for resilience in circumstances of war and displacement, based on the social ordering capacity of first possession principles themselves. This explanation, which derives from focal point theories for cooperative property relations, also takes into account a number of limits on the ordering capacity of first possession principles, which support a conclusion of relative or constrained resilience, particularly in terms of contested interpretations of possessory authority in contemporary East Timor.

This 2009 Law & Society Association presidential address combines the personal and political to address issues relating to race relations in the United States. Combining narrative methods and quantitative data the article traces the roots of the author's commitment to racial equality and evaluates the degree to which over the past 60 years anti-black prejudice has diminished and black-white equality increased. The conclusion is that important progress toward black-white equality has occurred and prejudice is less of a barrier than it once was, but large gaps remain, and the progress achieved is fragile. Moreover, the greatest progress is in areas where the government has most strongly intervened, meaning that the racial jurisprudence of the current Supreme Court and conservative economic policies may present major impediments to further closing black-white gaps. Law and society scholars are urged to attend more to racial equality issues than they have in the past.

At least one-quarter of covered workplaces violated the parental leave requirements of the Family and Medical Leave Act of 1993 (FMLA) when surveyed in 1997. What explains this noncompliance? Using a survey of 389 U.S. workplaces and qualitative interviews with managers in 40 organizations, I demonstrate that noncompliance comes in distinct forms. Some forms of noncompliance result from a failure to update institutionalized—and gendered—policies, practices, and norms. This form of noncompliance (indicated by illegally short leaves) is better explained by the institutional perspective, while outright noncompliance (as evidenced by a lack of leaves) is best explained by rational choice and deviant culture theories.

In Latin American cities, around a third of the urban population lives in tenure situations that can be designated as informal, yet variation in the ways and extent to which these arrangements do not comply with law is extensive. Furthermore, informal dwellers often employ a variety of strategies to legitimize and ultimately legalize their tenure, implying a dynamic rather than a static relationship between illegality and legality. Conceiving of land tenure in dichotomous terms, as simply being either legal or illegal, therefore, fails to reflect this diversity, nor does it capture the evolving nature of the relationship between informal settlements and the state system. Drawing from the development of squatter settlements in Buenos Aires, this article proposes an alternative perspective and shows how settlements alternate strategies of noncompliance with adaptation to the state legal system to gradually increase their legality.

Despite the continued importance of discrimination for racial labor market inequality, little research explores the process by which workers name potentially negative experiences as race discrimination. Drawing on the legal consciousness literature and organizational approaches to employment discrimination, we assess the effect of social status, job characteristics, and workplace context on the likelihood that workers perceive race discrimination at work. Analyzing data from the Multi-City Study of Urban Inequality, we find that ascriptive status is associated with perceptions of discrimination, with African Americans, Hispanics, and women more likely to perceive racial discrimination, net of job and organizational controls. Results also suggest that workers with a greater sense of entitlement (as indicated by job authority, promotion experience, and union membership) and knowledge of legal entitlements (as indicated by education level and age) are more likely to perceive workplace racial discrimination. Other workplace conditions can signal fairness and decrease perceptions of racial bias, such as formalized screening practices and having nonwhite supervisors, whereas working among predominantly nonwhite coworkers increases the likelihood of perceiving discrimination. These findings suggest that personal attributions of discrimination vary across social groups and their environments, and demonstrate the importance of workplace context for understanding how individuals apply legal concepts, such as discrimination, to their experiences.

This article examines gender and property in Guadalajara, Mexico, in the light of debates that oppose formal title to the social embeddedness of rights in customary law and assert that titling is bad for women. The article focuses on urban homes, private property, and civil law but finds that qualities regarded as characterizing customary property relations also shape popular understandings of property in urban Mexico. Discussion groups and social surveys in four low-income neighborhoods addressed two aspects of family law and property: whose name should appear on titles, and who should inherit the home. The results show that women, as wives, sisters, and daughters, have a secondary relationship to property. They also suggest that the opposition of individual title to socially embedded rights is a false dichotomy and that generalizing arguments about formalization and especially the negative gender implications of titling risks replicating the universalizing tendencies of Western property models.

Despite the ambivalent history of the domestic application of human rights in the United States, human rights increasingly offer important resources for American grassroots activists. Within the constraints of U.S. policy toward human rights, they provide social movements a kind of global law “from below”: a form of cosmopolitan law that subalterns can use to challenge their subordinate position. Using a case study from New York City, we argue that in certain contexts, human rights can provide important political resources to U.S. social movements. However, they do so in a diffuse way far from the formal system of human rights law. Instead, activists adopt some of the broader social justice ideas and strategies embedded within human rights practice.

This article presents a case study on the persistent dollarization norm in the Israeli real estate market. For many years Israeli real estate contracts have been denominated in American dollars. This contracting norm has remained surprisingly stable despite tremendous changes in the structure of the Israeli foreign currency market that severed the connection between the dollar and local inflation and added significant risks to exchange rates. Using an array of theoretical tools, I explain this puzzling phenomenon and demonstrate the centrality of social norms to the design of high-stakes contracts. Finally, I explore the interaction between social norms and the law and highlight the potential obstacles to regulating contracting norms.

Courts that perform well are the cornerstone of the rule of law and democratic development. When courts are perceived as legalistic, fair, impartial, and independent of the influence of extrajudicial actors, aggrieved individuals are more likely to pursue litigation over other, potentially unlawful, alternatives. Using original data from surveys of more than 1,800 randomly sampled lawyers in 12 Russian cities, we investigate the effects of perceived government funding and power diversification on a variety of indicators of perceived judicial performance. We find that, according to lawyers, financial dependence on the national government has no independent effect on judicial performance, but financial dependence on local governments has consistently significant negative effects. We also find that diversified political power has consistently significant positive effects on perceived judicial performance, probably because the diversification makes courts seem less vulnerable to unified pressure from political actors.

This article provides an analysis of the nature of circuit court threshold decisions. Specifically, a model sensitive to the institutional context of the circuits is developed and tested across all threshold decisions in the sample and in more limited samples of proper party and proper forum votes. The results suggest that circuit court gatekeeping is a function of multiple factors, including circuit court law, litigant status, the lower court decision, and, at times, the ideological preferences of the circuit judge or that of his or her circuit.

Drawing on data collected from district-level governments, this article studies how the Chinese state responds to labor protests in South China. It examines both the internal logic and operational patterns of the state response involving the local courts and an assortment of government agencies. Internal documents and interviews reveal an emerging mode of state reaction. In the context of protest, the courts and related government agencies engage protesters on the street, which often grants a favorable resolution. This “street as courtroom” is a result of the weak capacity of the legal system coupled with a government-wide campaign to build a “harmonious society.” These findings compel researchers to reconsider the institutional boundaries of the prototypical court, the outcome of social protest, and the appropriate role of the courts in China.

This study considers the circumstances under which members of the Muslim American community voluntarily cooperate with police efforts to combat terrorism. Cooperation is defined to include both a general receptivity toward helping the police in antiterror work and the specific willingness to alert police to terror-related risks in a community. We compare two perspectives on why people cooperate with law enforcement, both developed with reference to general policing, in the context of antiterror policing and specifically among members of the Muslim American community. The first is instrumental. It suggests that people cooperate because they see tangible benefits that outweigh any costs. The second perspective is normative. It posits that people respond to their belief that police are a legitimate authority. On this view we link legitimacy to the fairness and procedural justice of police behavior. Data from a study involving interviews with Muslim Americans in New York City between March and June 2009 strongly support the normative model by finding that the procedural justice of police activities is the primary factor shaping legitimacy and cooperation with the police.