Research on victims' encounters with prosecutors suggests that victims' rights have had a limited effect on victims' satisfaction with the criminal justice system. This study examines the victim-prosecutor relationship with a focus on people who have lost a loved one to murder. The emotional tone dimension of Carol Heimer's case versus biography analysis proves helpful for explaining the gaps between prosecutors' responsibilities and victims' expectations. The data come from in-depth interviews with thirty-five participants, including twenty victims, three crime victims' advocates, and twelve criminal court professionals in Union County (pseudonym). The findings indicate that shared emotions (e.g., sadness, anger) represent a key mechanism for (1) connecting victims to prosecutors (and individuals to organizations) and (2) improving victims' experiences with the criminal justice system. Although victims' rights do not guarantee the opportunity for shared emotions, prosecutors often honored victims' desire for a close relationship and considered their input on case decisions.

This article reinterprets the discursive terms and cultural meanings that redefined the legal campaign against Big Tobacco during recent decades. We underline the palpable shift from a conventional tort-based logic of products liability claims, which most analysts emphasize, to a logic incorporating key features identified with criminal law or “crimtorts.” The study builds on legal mobilization theory and combines narrative history of events with systematic analysis of media coverage across a twenty-year period to demonstrate how Big Tobacco was criminalized over two decades.

This research addresses two separate but related questions. First, to what extent are sociological theories proposed to explain legal behavior in Western societies applicable to non-Western contexts? And second, to what degree is Black's theory of law generalizable, as he contends, “across time and space?” Our research merges these questions by exploring the applicability of Black's theory in a Latin American context. Data collected from a nationally representative survey in Brazil suggest support for Black's propositions regarding the impact of vertical, horizontal, cultural, and normative status on the likelihood of mobilizing the law, as well as the feasibility of using his framework for understanding legal behavior in non-Western settings. Our discussion considers implications and directions for future analyses in both the Brazilian and cross-cultural contexts.

This ethnographic research addresses the control strategies employed by Norwegian guards in everyday interactions with inmates under institutional conditions in which the use of official negative sanctions is restricted. The article explains how a complicated informal system of favors develops that forms a new basis for punishment through the withdrawal of rewards. By distributing favors liberally, giving an inmate only what he is entitled to serves as a substitute for negative sanctions. Inmates are not opposing the informal system, and its effect on ensuring institutional control does not challenge the intentions of formal prison rules. Still, the informal system must be monitored and protected against overuse by inmates and must also be kept hidden from the officials making up the prison administration who oppose all departures from the official rules.

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

Between May and July 2003, a shift in how the US public viewed the legality of consensual homosexual sex occurred. While in May the largest percentage of respondents to date supported decriminalizing such activity, that percentage dropped eleven points two months later. Similar declines in support were evident in the same period over a range of gay and lesbian rights claims. The ruling in Lawrence v. Texas (2003) decriminalizing homosexual sex is the obvious intervening event. To explain this pattern, coding of print and televised news coverage of the ruling throughout 2003 was undertaken. Coverage was not overtly negative in terms of antigay rhetoric or hostility toward the judiciary; rather, the dominant media frame focused on the implications of Lawrence for an entirely separate rights issue: marriage equality. This article examines the dynamic of frame “spillover,” or the idea that media focus on a distinct and not widely supported rights claim in a multifaceted rights agenda might depress support across the entire rights agenda. The findings call for further research, and they have implications for scholarship on public opinion, social movement framing, and ideational development and policy debate as studied within the broader field of American political development.

This article investigates how lawyers manage legal and bureaucratic uncertainties associated with humanitarian immigration law by examining their representation of undocumented crime victims petitioning for U Visa status. Immigration attorneys craft dual narratives to persuade adjudicators that their clients qualify for and deserve this new legal status, but representing migrants well creates moral dilemmas. I explore how lawyers elicit and script narratives of “clean” victimhood to demonstrate that their clients qualify for U Visa standing. Next I argue that attorneys construct narratives articulating migrants’ civic engagement to position their clients as contributing members of society who deserve legal status. The final section illustrates how the production of these narratives generates a range of professional and ethical dilemmas for lawyers. This examination of how law is developed within a confining legal framework that is at the same time not totally institutionalized extends the “law in action” paradigm, which has been animated primarily by analyses of how legal actors tailor the idiosyncratic details of discrete cases to match existing precedents.

This essay reviews some of the more striking findings in Tom Baker and Sean J. Griffith's Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation (2010), particularly concerning the tension between two competing narratives of shareholder litigation—one stressing the important deterrent effect of such litigation, the other viewing such litigation as abusive plaintiff opportunism. The essay then introduces commentaries on the book by Carol Heimer and Jodi Short, which follow.

This essay evaluates Baker and Griffith's book, Ensuring Corporate Misconduct, as a contribution to the social science literatures on regulation and governance, risk, and insurance. Previous social science work on insurance often took an “insurance on the ground” perspective comparing how insurance actually works with the theory of insurance and scrutinizing the actions of insurers as well as the actions of their policyholders. In line with this perspective, Baker and Griffith find that directors and officers (D&O) insurers do not actually charge premiums that vary with risk or monitor the actions of the officers and directors covered by the insurance. Because insurers and governments share governance tasks (a point Baker makes elsewhere), insurers' failures in fact amount to “failed governance” of the corporate world.

This essay reviews the contributions to deterrence theory that Tom Baker and Sean Griffith make in Ensuring Corporate Misconduct (2010) and argues that their work highlights the limits of deterrence theory for shaping corporate conduct. Baker and Griffith extend the deterrence framework to account for the mediating effect of third-party institutions, like insurers, on deterrence calculations, and they suggest how corporate governance decisions, such as what type of insurance coverage to purchase, encode signals about corporations' compliance motivations and capacity. Although these insights might prove useful for enhancing the efficacy of deterrence regimes aimed at white-collar crime and other types of corporate misconduct, they suggest the difficulty of shaping corporate conduct that is influenced not only by the norms embodied in securities law, but also by the alternative normative system of shareholder value maximization. I discuss the failure of deterrence theory to address adequately noncompliant behavior that springs not solely from material self-interest, but from adherence to an alternative set of norms, and I explore the possibility of viewing corporate compliance as a norm-change project.

This review essay on Aryeh Neier's The International Human Rights Movement: A History (Princeton University Press, 2012) discusses Neier's central themes: the origins and maturation of the movement and its effects, including the expansion of human rights and humanitarian law, enhanced criminal accountability for human rights crimes, and the appearance of criminal tribunals, culminating in the International Criminal Court. An overview is interspersed by imaginary conversations between Neier and scholars who speak to his themes, especially legal scholar Jenny Martinez, political scientists Margaret Keck and Kathryn Sikkink, historians Devin Pendas and Tomaz Jardim, and sociologists John Hagan, Daniel Levy, Natan Sznaider, Joachim Savelsberg, and Ryan D. King. Linking a practitioner's account with scholarly analyses yields some benefits of “Pasteur's Quadrant.”