Teaching the Violent Past: History Education and Reconciliation, Elizabeth A. Cole

Elizabeth A. Cole has edited a comprehensive collection of casestudies of educational reform efforts following some of the20th century's most searing episodes of violence and human rightsabuse. The collection begins with an essay on the role of educationalreform in reconciliation. Cole     

Labor Regulation,Corporate Governance,and Legal Origin: A Case of Institutional Complementarity?

We explore the influential claim that "legal origin"—the historical origin of a given national legal system in the common law or civil law—accounts for a significant degree of cross-national diversity in economic regulation and development. We show that the claim is undermined by problems in index construction and by a misreading of the implications of the common law/civil law divide for the respective roles of courts and legislatures in law making. We argue that a critical factor, instead, was the timing of industrialization in relation to the emergence of legal institutions associated with the modern business enterprise (the employment relationship and the joint stock company). We also show how distinctive "legal cultures" of the common law and civil law have played a part in setting national systems on separate pathways to economic development.     

Governance and land use decision-making in Russian cities and regions

Using results of an elite survey from the late 1990s, this study examines various arguments to explain the roots of the slow pace of land marketisation in Russia. These include three arguments that focus in turn on structural impediments, resource generation opportunities provided by land ownership, and domineering local governments. The study also analyses two other explanations of spatial differences: the impact of local economic and demographic structure and urban governance. Findings offer some support for each of the dominant approaches but little evidence to support the importance of local economic structure. However, an analysis of governance and social practices are found to be useful in highlighting the relationship between beliefs, practices, and land allocation.     

The Conviction of Dr. Crippen: New Forensic Findings in a Century‐Old Murder

Abstract: Dr. Hawley Crippen was accused and convicted of murdering his wife in London in 1910. Key to the conviction was microscopic analysis of remains found in the Crippen’s coal cellar, which were identified as Cora Crippen based on a scar she was said to have. Dr. Crippen was hanged, always proclaiming his innocence. In this study, genealogical research was used to locate maternal relatives of Cora Crippen, and their mitochondrial haplotypes were determined. Next, one of the pathology slides of the scar was obtained, DNA was isolated, and the haplotype was determined. That process was then repeated. Finally, both DNA isolates were assayed for repetitive elements on autosomes and repetitive elements specific to the Y chromosome. Based on the genealogical and mitochondrial DNA research, the tissue on the pathology slide used to convict Dr. Crippen was not that of Cora Crippen. Moreover, that tissue was male in origin.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Welfare policymaking and intersections of race, ethnicity, and gender in U.S. state legislatures

Welfare policy in the American states has been shaped profoundly by race, ethnicity, and representation. Does gender matter as well? Focusing on state welfare reform in the mid‐1990s, we test hypotheses derived from two alternative approaches to incorporating gender into the study of representation and welfare policymaking. An additive approach, which assumes gender and race/ethnicity are distinct and independent, suggests that female state legislators—regardless of race/ethnicity—will mitigate the more restrictive and punitive aspects of welfare reform, much like their African American and Latino counterparts do. In contrast, an intersectional approach, which highlights the overlapping and interdependent nature of gender and race/ethnicity, suggests that legislative women of color will have the strongest countervailing effect on state welfare reform—stronger than that of other women or men of color. Our empirical analyses suggest an intersectional approach yields a more accurate understanding of gender, race/ethnicity, and welfare politics in the states.     

Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation

A substantial body of sociolegal scholarship suggests that the legitimacy of the law crucially depends on the public's perception that legal processes are fair. The bulk of this research relies on an underdeveloped account of the material and institutional contexts of litigants' perceptions of fairness. We introduce an analysis of situated justice to capture a contextualized conception of how litigants narrate fairness in their actual legal encounters. Our analysis draws on 100 in‐depth interviews with defendant's representatives, plaintiffs, and lawyers involved in employment discrimination lawsuits, selected as part of a multimethod study of 1,788 discrimination cases filed in U.S. district courts between 1988 and 2003. This article offers two key empirical findings, the first at the level of individual perceptions and the second at the level of legal institutions. First, we find that neither defendants' representatives nor plaintiffs believe discrimination law is fair. Rather than sharing a complaint, however, each side sees unfairness only in those aspects of the process that work to their disadvantage. Second, we demonstrate that the very notion of fairness can belie structural asymmetries that, overall, profoundly benefit employers in employment discrimination lawsuits. We conclude by discussing how a situated justice analysis calls for a rethinking of empirical research on fairness. Audio recordings of respondents quoted in this article are available online. ¹      

Lady Elinor Davies: The prophet as publisher

Lady Elinor Davies, who published between 1625 and 1652 more works than any other Englishwoman before her, believed herself to be the prophet of the apocalypse, divinely chosen to reveal that the apocalypses of Daniel and St John find their fulfillment in the events of the seventeenth century and thereby to proclaim the coming of the judgement and the end of time. Empowered by confidence in her gift and compelled by the urgency of her mission, Lady Elinor defied patriarchal authority when in 1633 she published prophecies attacking church and king, an act that brought her to trial and to prison and her prophecies to the bonfire. Lady Elinor then mythologized this trial: She, the woman-prophet-publisher, becomes the apocalyptic Woman in Travail, who triumphs over the monstrous embodiments of patriarchal power that persecute her and seek to destroy her work.     

African American and White perceptions of police services: Within- and between-group variation

Existing research on attitudes toward the police identified demographic variables predicting citizen satisfaction with police services and performance. Common themes in this literature were the disparate rates of satisfaction reported by African American and Caucasian citizens. While it is generally understood that African American citizens express lower levels of satisfaction, the degree to which this reduced satisfaction is consistent among African Americans and the factors causing such variation are unclear. In addition, variation in levels of citizen satisfaction across diverse measures of police services has yet to be considered by race. This study used data from a medium-sized Midwestern community to contrast samples of White and African American citizens to better understand how demographic, experiential, and neighborhood contextual factors shape perceptions of global, traditional, and community police services. Results from this study indicate that there is significant variation in the importance of certain exogenous factors in predicting satisfaction with police services. The differences between perceptions and race are most prominent in the community policing services model.