Recent csls_lss items

The Contracting State and Its Courts

Tue, 13 Jan 2009 00:00:00 +0000

The Contracting State and Its Courts

The Passage of the Prison Rape Elimination Act: An Analysis of the Reconfiguration of Sexual Citizenship for Prisoners

Fri, 29 Jun 2007 00:00:00 +0000

The Passage of the Prison Rape Elimination Act: An Analysis of the Reconfiguration of Sexual Citizenship for Prisoners

The Rule of Law in the Age of Terrorism - An Audit

Fri, 29 Jun 2007 00:00:00 +0000

The Rule of Law in the Age of Terrorism - An Audit

Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of “Intensity"

Thu, 28 Jun 2007 00:00:00 +0000

Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of “Intensity"

Looking for Law in China

Mon, 30 Apr 2007 00:00:00 +0000

Looking for Law in China

The Tensions Between Legal Instrumentalism and the Rule of Law

Tue, 14 Nov 2006 00:00:00 +0000

The Tensions Between Legal Instrumentalism and the Rule of Law

Law, Lawyers, and Empire: From the Foreign Policy Establishment To Technical Legal Hegemony

Mon, 25 Sep 2006 00:00:00 +0000

Law, Lawyers, and Empire: From the Foreign Policy Establishment To Technical Legal Hegemony

Complicity and the Bystander to Crime

Thu, 6 Apr 2006 00:00:00 +0000

Complicity and the Bystander to Crime

Education, Equality, and National Citizenship

Thu, 6 Apr 2006 00:00:00 +0000

Education, Equality, and National Citizenship

The Paradox of Omnipotence: Courts, Constitutions, and Commitments

Mon, 27 Mar 2006 00:00:00 +0000

The Paradox of Omnipotence: Courts, Constitutions, and Commitments

Repellent Crimes and the Limits of Justice: Emotion and the Death Penalty

Mon, 27 Mar 2006 00:00:00 +0000

Repellent Crimes and the Limits of Justice: Emotion and the Death Penalty

Textual Harassment: A New Historicist Reappraisal of the Parol Evidence Rule with Gender in Mind

Thu, 7 Jul 2005 00:00:00 +0000

Textual Harassment: A New Historicist Reappraisal of the Parol Evidence Rule with Gender in Mind

To Render Justice: Models of ‘Justice’ in the International Criminal Tribunal for the Former Yugoslavia

Thu, 7 Jul 2005 00:00:00 +0000

To Render Justice: Models of ‘Justice’ in the International Criminal Tribunal for the Former Yugoslavia

Fact-Finding in Constitutional Cases

Thu, 7 Jul 2005 00:00:00 +0000

Fact-Finding in Constitutional Cases

A Turning Point in Copyright: Baker v. Selden and Its Legacy

Wed, 8 Jun 2005 00:00:00 +0000

A Turning Point in Copyright: Baker v. Selden and Its Legacy

Liking to Be in America: Puerto Rico's Quest for Difference within the United States

Wed, 8 Jun 2005 00:00:00 +0000

Liking to Be in America: Puerto Rico's Quest for Difference within the United States

Charity, Publicity, and the Donation Registry

Thu, 26 May 2005 00:00:00 +0000

Charity, Publicity, and the Donation Registry

Using the Concept of Legal Culture

Wed, 25 May 2005 00:00:00 +0000

Using the Concept of Legal Culture

The Development of Informal Reformatory Sentences for Juvenile Offenders in the Late Eighteenth and Early Nineteenth Centuries

Wed, 25 May 2005 00:00:00 +0000

The Development of Informal Reformatory Sentences for Juvenile Offenders in the Late Eighteenth and Early Nineteenth Centuries

Framing the Food Fights: How Mass Media Construct and Constrict Public Interest Litigation

Wed, 25 May 2005 00:00:00 +0000

Framing the Food Fights: How Mass Media Construct and Constrict Public Interest Litigation

Race on the 2010 Census: Hispanics & the Shrinking White Majority

Wed, 6 Oct 2004 00:00:00 +0000

Race on the 2010 Census: Hispanics & the Shrinking White Majority

Choice, Circumstance, and the Value of Equality

Mon, 4 Oct 2004 00:00:00 +0000

Choice, Circumstance, and the Value of Equality

Reconstituting Paradise Lost: the temporal dimension of postcommunist constitution-making

Tue, 3 Aug 2004 00:00:00 +0000

Reconstituting Paradise Lost: the temporal dimension of postcommunist constitution-making

Wechsler’s Century and Ours: Reforming Criminal Law In a Time of Shifting Rationalities of Government

Mon, 19 Jul 2004 00:00:00 +0000

Wechsler’s Century and Ours: Reforming Criminal Law In a Time of Shifting Rationalities of Government

Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure

Mon, 19 Jul 2004 00:00:00 +0000

Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure

Rethinking Regulatory Democracy

Mon, 19 Jul 2004 00:00:00 +0000

This Article presents a critique of democratic participation in the modern administrative state, and provides an affirmative proposal for reforming public participation in shaping regulatory policy. According to several different strands of thinking about law and democracy, the legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach is legitimated by “administrative pluralism,” a way of thinking that emphasizes the value of...

Authorizing the Production of Urban Moral Order: Appellate Courts and Their Knowledge Games

Mon, 19 Jul 2004 00:00:00 +0000

Using as data some appellate courts’reviews of projects to maintain moral order in the city, this article shows that an analysis of legal knowledge production that is (a) dynamic and that (b) refuses to treat people and texts as totally different entities, one studied by social scientists and the other studied by lawyers, can tell us much about such familiar but seldom theorized legal manouvres as judicial review and constitutional challenges. Standing back somewhat from the content of the various claims (about urban vices, in our case studies), I focus instead on the dynamics of knowledge – the ways in which knowledge claims circulate and get transformed as they proceed through various legal, and para-legal, stages. Choosing to analyze the dynamics rather than the content of knowledge is inspired by Actor Network Theory, and Bruno Latour’s work in particular: but it also reflects the fact that judicial review also privileges process and form and tends to avoid making judgements...

Performance-Based Regulation: Prospects and Limitations in Health, Safety, and Environmental Regulation

Mon, 19 Jul 2004 00:00:00 +0000

Regulation is designed to improve the performance of individual andorganizational behavior in ways that reduce social harms, whether by improving industry’s environmental performance, increasing the safety of transportation systems, or reducing workplace risk. Regulators can direct those they govern to improve their performance in at least two basic ways. They can prescribe exactly what actions regulated entities must take to improve their performance. Or they can incorporate the regulation’s goal into the language of the rule, specifying the desired level of performance and allowing the targets of regulation to decide how to achieve that level. This second approach is the subject of this article, which summarizes the discussion at a workshop organized last year by the Regulatory Policy Program at Harvard University. The workshop brought together decisionmakers from a dozen different government agencies as well as leading researchers from the fields of economics, engineering,...

The Contract as Social Artifact