ANTISOCIAL BEHAVIOR AND YOUTH GANG MEMBERSHIP: SELECTION AND SOCIALIZATION

We examine whether gang membership is associated with higher levels of delinquency because boys predisposed to delinquent activity are more likely than others to join. We use 10 years of longitudinal data from 858 participants of the Pittsburgh Youth Study to identify periods before, during and after gang membership. We build on prior research by controlling for ages and calendar time, by better accounting for gang memberships that occurred before the study began, and by using fixed effects statistical models. We find more evidence than has been found in prior studies that boys who join gangs are more delinquent before entering the gang than those who do not join. Even with such selective differences, however, we replicate research showing that drug selling, drug use, violent behaviors and vandalism of property increase significantly when a youth joins a gang. The delinquency of peers appears to be one mechanism of socialization. These findings are clearest in youth self-reports, but are also evident in reports from parents and teachers on boys' behavior and delinquency. Once we adjust for time trends, we find that the increase in delinquency is temporary, that delinquency falls to pre-gang levels when boys leave gangs.     

Daubert and the Exclusionary Ethos: The Convergence of Corporate and Judicial Attitudes towards the Admissibility of Expert Evidence in Tort Litigation*

The article traces the way admissibility jurisprudence following Daubert has come to emphasize the importance of strict judicial gatekeeping; making it more difficult for plaintiffs to succeed in tort and product liability litigation. This exclusionary ethos appears to have been shaped by a range of values and interests which appear closely aligned to the perspectives promoted by corporate-sponsored proponents of tort and evidence reform. The effects of the exclusionary ethos are explored through an example of judicial gatekeeping in recent mobile telephone litigation and a review of judicial surveys of post- Daubert attitudes toward expert evidence. The role of corporate-sponsored amicus briefs in the influential Supreme Court Kumho Tire Co. Ltd. v Carmichael appeal, extra-legal mobilization by conservative think tanks in litigation around electric and magnetic fields (EMF), and a qualitative citation analysis of federal court judgments, are then used in a preliminary attempt to trace the influence of corporate lobbying and social problem rhetorics on judicial attitudes and practice.     

The Legitimacy of Law: A Response to Critics*

Abstract
In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating positivism in its true context, the Hobbesian argument for the legitimacy of law. Following Dworkin, he advocates the practice-oriented common law tradition, one that makes the legitimacy of law a matter of standards already implicit in law which are best revealed in adjudication.     

MORE ON DEMEANOR AND ARREST IN DADE COUNTY*

A recent study of police behavior using data collected in Dade County, Florida, found that citizen demeanor is a spurious correlate of arrest in light of control for criminal conduct (Klinger, 1994). This finding calls into question the long-standing belief that hostility directly increases the odds of arrest in police-citizen encounters. Responding to this research, Lundman (1994) reanalyzed data used in several previous studies that had reported hostility effects. His reanalysis offered limited support for a demeanor-arrest link. Because the measures of demeanor he used and the models he estimated were somewhat different from those Klinger had used and estimated, Lundman suggested that it would be valuable to revisit the Dade County data to see whether Klinger's null finding regarding hostility effects might be artifactual. This study reanalyzes the Dade County data. It indicates that one of four measures of demeanor is a significant net correlate of arrest under some circumstances. The implications of this finding are discussed.     

Unger's Advocates: Assessing the Possibilities for Law Practice as a Transformative Vocation

Abstract .
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.