Why the “Haves” Do Not Necessarily Come Out Ahead in Informal Dispute Resolution

This article explores the implications of Galanter's distinction between repeat and one‐off players to informal dispute resolution settings. Relying on quantitative and qualitative data regarding one British “private‐Ombudsman” scheme, the article analyzes the extent to which complaint handlers' decision making advantaged more experienced and better resourced firms and/or high‐status and more assertive complainants. The article's tentative theoretical proposition is that the typically indeterminate nature of informal dispute resolution settings renders them less susceptible to large organizations' and other repeat players' capacity to “play for rules.” Yet, this indeterminacy makes such processes more vulnerable to decision makers' reliance on heuristics.     

INTIMATE PARTNER VIOLENCE IN YOUNG ADULTHOOD: NARRATIVES OF PERSISTENCE AND DESISTANCE

Prior research on patterns of intimate partner violence (IPV) has documented changes over time, but few studies have focused directly on IPV desistance processes. This analysis identifies unique features of IPV, providing a rationale for the focus on this form of behavior cessation. We develop a life‐course perspective on social learning as a conceptual framework and draw on qualitative interviews (n = 89) elicited from a sample of young adults who participated in a larger longitudinal study (Toledo Adolescent Relationships Study). The respondents’ backgrounds reflected a range of persistence and desistance from IPV perpetration. Our analyses revealed that relationship‐based motivations and changes were central features of the narratives of successful desisters, whether articulated as a stand‐alone theme or in tandem with other potential “hooks” for change. The analysis provides a counterpoint to individualistic views of desistance processes, highlighting ways in which social experiences foster attitude shifts and associated behavioral changes that respondents tied to this type of behavior change. The analyses of persisters and those for whom change seemed to be a work in progress provide points of contrast and highlight barriers that limit a respondent's desistance potential. We describe implications for theories of desistance as well as for IPV prevention and intervention efforts.     

Efficient,Fair, and Incomprehensible: How the State “Sells” Its Judiciary

Socio‐legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply‐side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state's services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue that state actors also invest significant energy in claiming that the local courts are incomprehensible. Thus, in its efforts to introduce and advance centralized courts, the state argues not only that it offers the best version of what the citizenry wants, but also that it is impossible to conceive that people would want something other than what the state offers. We illustrate our argument and explain its significance by examining judicial reform in New York, where there has been a decades‐long effort to displace local justice systems.     

The “thinning” blueline: a Bourdieuian appreciation of police subculture

The notion of a recalcitrant “police subculture” is pervasive in the literature on policing, often invoked to explain many of the ills linked to police misconduct and corruption. This article argues that the failure of reform efforts is the result of interventionist strategies which had sought to change police subculture “head-on” without a corresponding change in the structural conditions in which the policing role is so located, and that these efforts, theoretically, have been informed by a conceptualisation of police subculture as homogenous, monolithic, and static. Using the Bourdieuian concepts of the “habitus” and “field”, the view of a “recalcitrant” subculture will be challenged in this article. Using the Singaporean experience as a case in point, it will be shown how changes in the field of policing can bring about changes, intended or otherwise, in the occupational habitus of the police: refashioning the informal repository of knowledge guiding police work.     

Private Ordering,Self-Regulation and Futures Markets: A Comparative Study of Informal Social Control*

This paper describes an empirical study of futures market regulation in three jurisdictions: Chicago, Hong Kong, and Sydney. It focuses on private ordering and argues that informal mechanisms of social control have been crucial in maintaining market “order” and curbing trading abuses. Peer group pressure, fear of being ostracized, the leverage of large institutional clients, the transparency of certain market dealings and the opportunities this provides for “pay back” between “repeat players”, have been far more important in ordering behavior than the remote and often unenforced rules imposed either by government or the exchanges themselves. It is suggested that to understand “crime in the pits” we should focus on criminogenic structures which facilitate fraud through specific combinations of opportunity and risk. It is also structural factors which substantially account for the relative success or failure of private ordering in constraining trading abuses in different markets.     

The Diffusion of Rights: From Law on the Books to Organizational Rights Practices

How does law change society? To gain new leverage on this long‐standing question, this article draws on two lines of research that often ignore each other: political science research on the mobilization of law, and sociological research on the diffusion of organizational practices. Our insights stem from six case studies of diverse organizations' responses to the accommodation provisions in the Americans with Disabilities Act and related state laws. We found that different modes of exposure to the law combined with organizational attributes to produce distinct “rights practices”—styles of standard operating procedures and informal routines that reflect the understanding of legal requirements within an organization. The diversity of the organizational responses challenges simple dichotomies between compliance/noncompliance, change through deterrence/change through norms, and mobilization/nonmobilization, and it underscores the importance of combining political science and sociological perspectives on law and social change.     

Local Social Ties and Willingness to Intervene: Textured Views Among Violent Urban Youth of Neighborhood Social Control Dynamics and Situations

Social control in urban neighborhoods has been studied for over a century in America, yet our understanding of the dynamic nature of social relations for exerting informal social control remains limited. The present study uses detailed reports from those most likely to be the target of local control efforts—violent youth in extremely disadvantaged urban locations—to re‐examine two features of this work: variations across different hypothetical scenarios widely used in this research, and connections between local ties and intervention type and likelihood in actual events. In‐depth qualitative interviews from 159 violent males aged 16–24 from two distressed New York City neighborhoods identify ways in which responses to commonly used scenarios of informal social control are age‐ and space‐graded. Reports on the transactional nature of social control in violent events show how local ties may undermine, rather than support, social control processes. It would appear that we need to consider more carefully general suggestions about local ties encouraging more informal social control, move to a more textured, multithreaded view of these connections, and incorporate age‐ and space‐graded dynamics into future studies of social control.     

PARENT EDUCATION PROGRAMS IN FAMILY COURTS: BALANCING AUTONOMY AND STATE INTERVENTION

This work considers how court‐connected parent education programs can assist parents to access dispute resolution processes that best suit their families’ needs, in a manner involving appropriately curtailed levels of state interference with parental autonomy. After reviewing traditionally accepted limits on state interference with family functioning, the increased concern for children's emotional well‐being, and data relating to one parent education program, the author concludes that providing mandatory “basic level” informational programs to all separating parents seeking access to the family law regime is a warranted level of state intervention. “Skills‐building” programs aimed at achieving demonstrably changed parental practices should be available on a voluntary attendance basis.     

On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya

Scholars have argued that economic efficiency requires a clear definition of the rights of ownership, contract, and transfer of land. Ambiguity in the definition or enforcement of any of these rights leads to an increase in transaction costs in the exchange and transfer of land as well as a residual uncertainty after any land contract. In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have been plagued by the existence of alternative processes for the adjudication of disputes. Customary dispute resolution has been praised as an inexpensive alternative to official judicial processes in a legally pluralistic environment. However, our research demonstrates that customary processes may also carry a monetary cost that puts them beyond the means of many citizens. This article compares the costs and processes of the formal and informal methods of property rights adjudication for women in the Kisii region of Kenya. The research results suggest that women have weak property rights overall, they have limited access to formal dispute resolution systems because of costs involved, and even the informal systems of conflict resolution are beyond the means of many citizens.     

Families in Circle Process: Restorative Justice in Family Law

This article explores the use of “circle process”—a form of restorative justice—in family law and places this effort within a larger movement within the law toward law as a healing profession, or the “comprehensive law movement.” It explores the features and underpinnings of circle process and its relationship to original forms of dispute resolution such as those used in African‐style mediation and indigenous people's dispute resolution in North America. Values expressed by these forms of dispute resolution are argued to be particularly relevant in family law. Finally, it focuses on an innovative and exciting court‐sponsored program begun in Chicago in 2008, using circle process with families in conflict, in the Cook County Parentage and Child Support Court. This program's results suggest potential benefits and cautions of using circle process in family law.

Key Points for the Family Court Community:
• Restorative justice, in particular, circle process, can be used to resolve family law cases.
• Circle process widens the group of participants in alternative dispute resolution of family law matters.
• Circle process brings more voices to the table, namely, extended family, friends, and supporters, thus enhancing the group's decisionmaking.
• Judges will want to be sure the families in question are appropriate for circle process before referring them to this method of resolving disputes.
• Circle processes can result in improved communication and relations among families in conflict.
• Circle process reflects the values of “original dispute resolution,” which often in turn reflects ubuntu, the idea that all humankind is interconnected.
• Circle process is part of a greater movement towards law as a healing profession/the comprehensive law movement, which includes therapeutic jurisprudence.

     

In the eye of the beholder: Meaning and structure of informal status in women's and men's prisons*

Applying an abductive mixed‐methods approach, we investigate the informal status systems in three women's prison units (across two prisons) and one men's prison unit. Qualitative analyses suggest “old head” narratives—where age, time in prison, sociability, and prison wisdom confer unit status—are prevalent across all four contexts. Perceptions of maternal “caregivers” and manipulative “bullies,” however, are found only in the three women's units. The qualitative findings inform formal network analyses by differentiating “positive,” “neutral,” and “negative” status nominations, with “negative” ties primarily absent from the men's unit. Within the women's units, network analyses find that high‐status women are likely to receive both positive and negative peer nominations, such that evaluations depend on who is doing the evaluating. Comparing the women's and men's networks, the correlates of positive and neutral ties are generally the same and center on covariates of age, getting along with others, race, and religion. Overall, the study points to important similarities and differences in status across the gendered prison contexts, while demonstrating how a sequential mixed‐methods design can illuminate both the meaning and the structure of prison informal organization.     

Congressional Attacks on the Supreme Court: A Mechanism to Maintain,Build, and Consolidate

Reexamination and reinterpretation of the “mature” (1955–1984) New Deal era of congressional attacks on the Supreme Court reveals a new hypothesis: that Court‐curbing efforts played a previously unrecognized role in party system development. Court rulings that create inter‐ and intraparty tension provide opportunities for various actors to attack the Court in an effort to solidify their faction's standing within national coalitional politics. Congressional attackers can use Court‐curbing resolutions and amendments in efforts to help them maintain coalitional cohesion, build a new majority, or consolidate previous victories. Thus, we might see legislative‐judicial relations as an unrecognized “site” of political development, where coalitional change is opposed and wrought.     

General Deterrence and Corporate Environmental Behavior*

This research addresses the assumption that “general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such “signal cases”? (2) Does knowing about “signal cases” change firms’ compliance‐related behavior? It was found that only 42 percent of respondents could identify the “signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms reported having taken some compliance‐related actions in response to learning about such cases. Overall, it is concluded that because most firms are in compliance already (for a variety of other reasons), this form of “explicit general deterrence” knowledge usually serves not to enhance the perceived threat of legal punishment, but as reassurance that compliance is not foolish and as a reminder to check on the reliability of existing compliance routines.     

PPP模式下政府的角色定位——兼论担保行政法学模式的兴起

PPP是政府和社会资本共担风险、合力达成公共任务的创新模式。在PPP模式下政府不再承担公共任务的履行责任,转而承担国家担保责任。政府承担国家担保责任,使得政府的角色从公法上的公共任务的“履行者”转变为“担保者”和“合作者”。政府角色和职能的重大转变导致传统行政法学模式转向担保行政法学模式。担保行政法学模式是以国家担保责...     

SETTLEMENT‐FOCUSED PARENTING PLAN CONSULTATIONS: AN EVALUATIVE MEDIATION ALTERNATIVE TO CHILD CUSTODY EVALUATIONS

The divorce mediation field has recently seen the development of several “hybrid” alternative dispute resolution approaches to child custody disputes. The “settlement‐focused parenting plan consultation” (SFPPC) is a form of evaluative mediation, conducted by a “parenting plan consultant” (PPC), who possesses the combined expertise of a mediator and child custody evaluator. This hybrid model is a more expedient and considerably less expensive approach than a child custody evaluation, but preserves the hallmark mediation principle of self‐determination. The article describes the theory underlying the SFPPC, delineates the role requirements, procedures, and techniques of the parenting plan consultant, and addresses legal and ethical issues.     

Optical Characterization of Some Modern “Eco‐Friendly” Fibers*

Abstract: Fibers that are termed “eco‐friendly” or “biodegradable” by manufacturers are increasingly being used in textile products such as apparel and carpeting to appeal to the ever more environmentally aware public. As such, these modern fibers are expected to begin showing up more often in forensic casework, and it is important that the forensic examiner recognize them. This study employed polarized light microscopy (PLM) and Fourier transform infrared (FTIR) microspectroscopy to characterize selected fibers of azlon, polylactic acid (PLA), cellulose composites of alginate or chitin, and bamboo (viscose rayon). Fiber cross‐sections, refractive indices, melting points, solubilities, and FTIR measurements were conducted. Results indicate that the azlons and PLA fibers are easily distinguishable from other textile fibers by their optical and chemical properties. The cellulose composites show only small differences in comparison with other cellulose‐based fibers, while bamboo viscose rayon is indistinguishable from normal viscose rayon.     

DELINQUENT PEERS IN CONTEXT: A LONGITUDINAL NETWORK ANALYSIS OF SELECTION AND INFLUENCE EFFECTS*

In this article, longitudinal social network data are analyzed to get a better understanding of the interplay between delinquent peers and delinquent behavior. These data contain detailed information about the social networks of secondary school students from the same grade, their delinquent behavior, and many relevant correlates of network formation and delinquency. To distinguish selection and influence processes, a method (Simulation Investigation for Empirical Network Analyses, SIENA) is used in which network formation and changes in delinquency are simulated simultaneously within the context of other network processes and correlates of delinquency. The data and the method used make it possible to investigate an unusually wide array of effects on peer selection and delinquent behavior. The results indicate that similarity in delinquency has no significant effect on the selection of school friends when other network dynamics are taken into account. However, the average delinquency level of someone's friends in the school network does have a significant, although relatively small, effect on delinquent behavior of the respondents, beyond significant effects of changes in the level of self‐control and morality. Another peer‐related change, leaving or joining informal street‐oriented youth groups, also appears to have a substantial effect on changes in delinquency.     

Judicial Murder‐Suicides in Van Diemen's Land

On the morning of December 17, 1827, nine convicts were executed by public hanging in Hobart Town, the capital of the British colony of Van Diemen's Land (now the Australian state of Tasmania). Two months previously they had drowned senior Constable George Rex on Small Island, which was part of the penal settlement at Macquarie Harbor, in front of five bound and gagged witnesses. They offered no defence at their trial. Examination of the Tasmanian colonial convict records shows that “suicide by lottery” involved convicts choosing two men, one to die and the other to kill him. The witnesses would earn a respite when taken away for the trial, and the murderer would be executed. “Death by gallows” could be considered a nineteenth‐century version of an orchestrated suicide reminiscent of more modern “death by cop.” This category of “judicial” murder‐suicide expands the range of contemporary classifications of dyadic deaths.     

Gangs and public policy

Research Summary Attention to gang issues has dramatically increased in the last several decades, both in the scholarly literature and in law enforcement. Despite widespread attention to the gang problem, researchers, police officers, and lawmakers have yet to agree on definitions used to characterize and understand the problem. This article summarizes the existing literature concerning the importance of accurately defining and classifying gang members, documents and analyzes state and federal gang legislation in the United States, and provides a detailed analysis of one state's system that might serve as a useful model for other states. Policy Implications Serious risks to public safety and civil liberties are associated with Type 1 and Type 2 classification errors regarding gang membership. The wide variation in state statutory definitions of “gang member” and in the construction and administration of gang databases presents major challenges for policymakers and academic researchers. This article addresses these challenges and argues that a more rigorous and unified system, based on one state's existing model, might be possible and could offer significant advantages in our efforts to address the delinquent and criminal behavior of gangs throughout the United States.