DESTINATION EFFECTS: RESIDENTIAL MOBILITY AND TRAJECTORIES OF ADOLESCENT VIOLENCE IN A STRATIFIED METROPOLIS*

Two landmark policy interventions to improve the lives of youth through neighborhood mobility—the Gautreaux program in Chicago and the Moving to Opportunity (MTO) experiments in five cities—have produced conflicting results and have created a puzzle with broad implications: Do residential moves between neighborhoods increase or decrease violence, or both? To address this question, we analyze data from a subsample of adolescents ages 9–12 years from the Project on Human Development in Chicago Neighborhoods, a longitudinal study of children and their families that began in Chicago—the site of the original Gautreaux program and one of the MTO experiments. We propose a dynamic modeling strategy to separate the effects of residential moving across three waves of the study from dimensions of neighborhood change and metropolitan location. The results reveal countervailing effects of mobility on trajectories of violence; whereas neighborhood moves within Chicago lead to an increased risk of violence, moves outside the city reduce violent offending and exposure to violence. The gap in violence between movers within and outside Chicago is explained not only by the racial and economic composition of the destination neighborhoods but also by the quality of school contexts, adolescents' perceived control over their new environment, and fear. These findings highlight the need to simultaneously consider residential mobility, mechanisms of neighborhood change, and the wider geography of structural opportunity.     

Bushwhacking the Ethical High Road: Conflict of Interest in the Practice of Law and Real Life

A long‐standing scholarly tradition regards professions, in general, and ethics rules, in particular, as “projects” of market control. It is no surprise, critics charge, that in the latest assault on the monopoly of the American legal profession–waged by multidisciplinary professional service firms–lawyers are hiding behind their ethics rules to protect their turf. In this article, I report on an extensive empirical study of conflict of interest in private legal practice and look comparatively at other fiduciaries, among them, accountants, psychotherapists, physicians, journalists, and academics. I investigate the role of ethics rules that seek to insure fiduciary loyalty in structuring the delivery of services. How does social and institutional change, roiling the fiduciary world, threaten disinterestedness and loyalty and how, if at all, do fiduciaries respond? How is the regulation of conflict of interest accomplished? Where are the conflicts rules most likely to be honored or ignored? What incentive structures encourage compliance? What are the costs and unexpected consequences of compliance? What is foregone? And is it all worth it? In what might come as a surprise to many, I find that the legal profession takes conflict of interest more seriously than many of the rest of us. As the title implies, legal practitioners largely travel alone, bushwhacking through the underbrush snarling the ethical high road. As critical scholarship predicted, lawyers do enjoy a monopoly at the end of the road. But this monopoly is achieved, not by restraint of trade or some other artifice or stratagem of market control, but by lack of competition. It seems that no one else is trudging alongside the lawyers. Lawyers are not necessarily more ethical than the others; they just behave more ethically–at least with respect to conflict of interest. The question is why. And what difference does it make?     

Straight there,no detours: direct access to barristers

Modernity unsettles professional certainties. For centuries the Bar has enjoyed many privileges but there has been a hollowing out of its professional core as its reserved areas have come under threat. The gradual erosion of the referral aspects of barristers’ relationships with solicitors and others exposes barristers to the contingencies of the market in a raw form not usually experienced. The rising intervention of the state into the lawyer-client relationship through the control of the legal aid budget is accelerating these moves. These are moves to bureaucratic control and potential proletarianization. The Bar is losing its grip on its professional project. Or is it? One argument is that we are not observing the end of professionalism but rather various defensive manoeuvres by professionals to maintain their privileges.

Direct access by clients to barristers is one such response in a differentiated market for legal services. This has had a mixed reaction among barristers and barristers' clerks. Some see it as the route to a modern diverse profession while others see it as potentially harming these traditional relationships between barrister and solicitor that have been built up over many years. Among solicitors this has been met by their own moves to become advocates in the higher courts.

These changes are examined in the light of further changes anticipated by the Legal Services Act 2007 with the introduction of alternative business structures. These have the potential to affect traditional modes of practice with a consequent loss to barristers’ autonomy.     

Bearing Witness: Methods for Researching Oppression and Resistance—A Textbook for Critical Research

This paper forecasts a “fictional” methods textbook for researchers interested in studying social oppression and resistance. The volume moves between historic and contemporary writings on methods, with particular interest in questions of objectivity and subjectivity, history and psychology, relations among units of analysis, expert and construct validity, and the ever-thorny ambition of generalizability. Crafted with inspiration from Kurt Lewin, Carolyn Payton, Ignacio Martín-Baró, and many contemporary critical writers, the book is designed to provoke conversations about social research, asking—For what? With whom? and If not now, when? The essay is written to incite a re-membering, and re-thinking, of critical methods for the social psychological study of oppression and resistance.     

Centre-periphery dynamics, global transition and criminological transfers Introductory notes inspired by V.S. Naipaul

The essay at hand aims to introduce the main issues and topics involved in the questions that will be dealt with throughout in this thematic issue. Those questions include: How do criminal justice practitioners and academics, in conditions of political or cultural transition, construct critical and reflexive knowledge about experiences of crime and control and their meaning? To what extent can ``ThirdWorld'' (TW) experiences and meanings, as well as TW knowledge about them, be of any use in ``First World'' (FW) contexts? And vice versa? To what extent are the gaps between both contexts too wide and to what extent has this divide been reduced in and through current global developments and transitions? The essay begins by focussing on postcolonial literature for a while, on one novel in particular, a novel that explores the space in–between the(post–)colony and the imperial metropolis.The second part of the essay deals withtransfers of (critical) criminologies in more detail.     

The Effect of Gang Perpetrated Crime on the Likelihood of Non-Lethal Victim Injury

Studies consistently find that gang members are involved in a disproportionately high rate of violence. The association between gangs and violence is largely based on the legal definition of violence, however. The current study moves beyond the legal definition of gang violence by examining the relationship between non-lethal gang involved incidents and the likelihood of victim injury, using pooled data (1992–2005) from the National Crime Victimization Survey. Overall, results reveal that gang members are not more likely than are non-gang members to injure their victims. When analyses are restricted to incidents involving injury, or incidents involving weapons, gang members are no more likely to more severely injure their victims than non-gang members. Strengths and limitations of the study are discussed.     

Genealogy and Jurisprudence: Nietzsche, Nihilism, and the Social Scientification of Law

In Twilight of the Idols, Nietzsche presents a history of metaphysics that can also be read as a history of jurisprudence. Nietzsche shows how—via Platonism, Christendom, Kantianism, and utilitarianism—the “real” or “true” world of ideals gives way to an “apparent” phenomenal world that is itself ultimately brought into question. This article shows how 20th-century legal thought, broadly construed, also moves away from “ideals” of law toward an understanding of law as observable social phenomena. It suggests that the move to the “apparent” world in legal thought raises questions similar to those raised by Nietzsche's work: Does sociological law point to a nihilistic destruction of the legal tradition or to a joyous possibility of overcoming that tradition?     

走向国际市场后的中国企业存在的问题及对策

随着我国的企业越来越多地走向国际市场,探讨和认清我国企业走向国际市场后存在的问题,有针对性的研究解决对策,对未来大批走向世界的中国企业的顺利发展,提高综合国力都具有重要的现实意义。     

农村基层党组织的执政能力建设

党的领导是村民自治健康发展的前提和保障。村民自治的实行和推进,又对党的领导、党的执政能力提出了新的要求。因此,在推进村民自治的过程中,必须加强农村基层党组织执政能力建设,坚持与时俱进,不断创新农村基层党组织的领导和执政方式;坚持执政为民,不断夯实农村基层党组织执政的群众基础;加快发展,切实增强农村基层党组织执政的经济基础;依法执政,坚持党的领导、村民当家作主和依法规范的有机统一。     

The Two Faces of Law and Inequality: From Critique to the Promise of Situated,Pragmatic Policy

Over the course of my career, I have navigated a research agenda that moves between scholarly and policy‐oriented research. Building on this experience, I argue that it is time for law and society scholars to take seriously a commitment to engaged scholarship that speaks to a wider audience of stakeholders and policymakers. Three themes frame my proposal to get back in the game of advocacy and policy. First, I consider why we need to rekindle this commitment at this historical moment: inequalities in wealth, income, and social mobility and the rise of mass incarceration and its collateral consequences diminish the foundation required for effective democratic governance to thrive. Second, what our scholarship has to say is key to the framing of pragmatic policy: law and society's focus on law in action and the culture of law are key to understanding the ways in which most policies tend to deliver unintended consequences. Finally, we need to consider how to go about the next step to make our work visible to a wider audience of stakeholders?     

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.     

Compensation and Compliance: Sources of Public Acceptance of the U.K. Supreme Court's Brexit Decision

The perception that a high court's decision is binding and final is a crucial prerequisite for its ability to settle political conflicts. Under what conditions are citizens more likely to accept controversial judicial rulings? Mass acceptance is determined, in part, by how rulings are framed during public debate. This paper takes a broad view of the strategies and actors that influence the discursive environment surrounding judgments, calling attention to hitherto unexamined determinants of mass acceptance. We theorize that third parties can boost acceptance by pledging compliance, and that courts can moderate opposition by compensating losers. We also look at how populist attacks on judiciaries, common in contemporary democracies, affect acceptance. We test these propositions using a survey experiment conducted in the aftermath of the UK Supreme Court's Brexit decision, the most salient judgment handed down by this court to date. The paper moves the literature on courts and public opinion beyond the United States, and presents evidence backing largely untested assumptions at the heart of models of judicial behavior regarding the benefits of crafting rulings with an eye on the preferences of key audiences.     

Human–algorithm hybrids as (quasi-)organizations? On the accountability of digital collective actors

Models of individual accountability for algorithms’ actions fail when a human–algorithm association comes to be viewed as a collective actor. In some situations, human and algorithmic actions are so closely intertwined that there is no longer a linear connection between the emergent collectivity and the complex interactions of humans and algorithms. In such collective decision-making sequences, individual accountability can no longer be attributed. Therefore, a new perspective on human–algorithm associations that captures their emergent properties and organizational qualities is needed to develop appropriate models of collective accountability. This article seeks to answer a number of questions. How can the encounter between humans and algorithms within such a socio-technical configuration be adequately theorized? Can the configuration itself be understood as a hybrid collectivity? Can actions be attributed to the configuration as a personified collective actor? How will accountability be institutionalized for human–algorithm associations – in centralized or distributed collective forms?     

Dichotomies and Oppositions in Legal Argumentation

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive.     

Community or Communities of Courts in European Integration? Sex Equality Dialogues Between UK Courts and the ECJ

“All of them were filled with the Holy Spirit and began to speak in other tongues as the Spirit enabled them . . . When they heard this sound, a crowd came together in bewilderment, because each one heard them speaking in his own language. Utterly amazed, they asked: ‘Are not all of these men who are speaking Galileans? Then how is it that each of us hears them in his own native language?’ Amazed and perplexed, they asked each other, ‘What does this mean?’” (Acts 2: 4–12)     

The Effect of the Size of Voting Blocs on Incumbents' Roll‐Call Voting and the Asymmetric Polarization of Congress

Candidates face a trade‐off in the general election between taking a more‐moderate position that appeals to swing voters and a more‐extreme position that appeals to voters in the party's base. The threat of abstention by voters in the party's base if their candidate takes a position too moderate for them moves candidates to take more‐extreme positions. I discuss hypotheses regarding how this trade‐off affects candidate positioning and describe my tests of those hypotheses using data on House members in the 107th Congress and Senate members for the period 1982–2004. I then present data on how the distribution of voters in the electorate has changed over the past three decades and discuss how, in light of my empirical findings, these changes might explain the observed pattern of asymmetric polarization in Congress in recent decades.     

Faculty Entrepreneurs and Research Productivity

In this paper, we analyze the research productivity of faculty entrepreneurs at 15 research institutes using a novel database combining faculty characteristics, licensing information, and journal publication records. We address two related research questions. First, are faculty entrepreneurs more productive researchers (“star scientists”) compared to their colleagues? Second, does the productivity of faculty entrepreneurs change after they found a firm? We find that faculty entrepreneurs in general are more productive researchers than control groups. We use multiple performance criteria in our analysis: differences in mean publication rate, skewness of publication rate, and impact of publications (journal citation rate). These findings bring together previous work on star scientists by Zucker, Darby, and Brewer [Zucker, L. G., Darby M. R., &; Brewer M. B. (1998). The American Economic Review, 88, 290–306.] and tacit knowledge among university entrepreneurs by Shane [Shane, S. (2002). Management Science, 48, 122–137.] and Lowe [Lowe, R. A. (2001). In G. Libecap (Ed.) Entrepreneurial Inputs and Outcomes. Amsterdam: JAI Press, Lowe, R.A. (2006). Journal of Technology Transfer, 31(4), 412–429]. Finally, we find that faculty entrepreneurs’ productivity not only is greater than their peers but also does not decrease following the formation of a firm.     

RELOCATION,RESEARCH, AND FORENSIC EVALUATION,PART I: EFFECTS OF RESIDENTIAL MOBILITY ON CHILDREN OF DIVORCE1

The issue of relocation presents courts and child custody evaluators with dilemmas on the issue of allowing a child to move with a parent to a new community and how to craft long‐distance parenting plans if relocation is allowed. The issue of the potential effects of residential moves on children of divorce has focused on the importance of the child–nonresidential parent relationship. The research literature on the effects of residential moves, or relocation, on children of divorce has not been fully integrated into the examination of this issue and its relevance for the child custody evaluation. The literature shows residential mobility is a general risk factor for children of divorce and this is a starting point for the custody evaluation, but it is not a basis for bias or a presumption against relocation. Predicting a child's adjustment to relocating or not relocating requires a careful and contextual investigation of the child and family circumstances. The research literature is a helpful frame of reference.     

Assessing the consequences of corporate discretion on regulatory compliance: the case of motor vehicle safety in Canada

What are the consequences of discretion when government shares the responsibility for regulatory compliance with the industry subject to regulation? Do differing underlying goals affect implementation? This article examines the implementation of Canada's Motor Vehicle Safety Act for fiscal years 1974–75 to 1981–82. Since the law creates opportunities for the exercise of discretion and those responsible for implementation (government versus industry) do not share the same underlying goals, one can expect that who implements the act will be of considerable importance. The data suggest that when incentives for compliance differ, discretion creates the opportunity for substantially different outcomes. Notable differences exist in the characteristics of recalls that manufacturers initiated and those that Transport Canada influenced.