Reasonable Grounds Evidence Involving Sexual Violence in Darfur

Internal and international conflicts can often involve a level of impunity that allows sexual violence to persist unchecked by military and political leaders. The recent reversal by an appeals panel at the International Criminal Court of a pretrial decision not to charge President al-Bashir of Sudan with genocide in Darfur offers an important foundation for introducing new types of evidence that can increase the investigation and prosecution of sexual violence during conflicts. The reversal cited the incorrect use of the “beyond a reasonable doubt” standard when the lesser standard of “reasonable grounds” applied. Social science provides methods and measures that can be uniquely used to develop reasonable grounds evidence, for example, to demonstrate the roles of physical perpetrators acting together in horizontal relationships, as well as to establish the indirect participation through vertical relationships of higher-level defendants, in a chain of command of superior responsibility. We illustrate these points by presenting social science evidence of the responsibility of President al-Bashir and middle- and lower-level figures in genocidal violence in Darfur.     

Lawyers on the move: the consequences of mobility for legal careers

While the legal profession was traditionally conceived of as geographically bounded, recent decades have witnessed a surge in the movement of lawyers across geographic boundaries. This mobility has transformed the paths through which legal careers are built and sustained. Relying on Bourdieu's concept of capital, this paper focuses on the effects of geographic mobility within the legal profession in order to explore how moving can alter the forms and value of capital—human, social, or symbolic—necessary for professional advancement. Drawing on two unique datasets, we find that geographic mobility can be a source for the emergence of new inequalities within the profession, so that lawyers moving from one jurisdiction to another do not receive full value for their credentials. We also find that geographic mobility can exacerbate existing inequalities in the profession, and finally, our analyses suggest that understanding the effects of capital assets equally requires attention to the functional form of capital within professional fields.     

Towards a multimodal ethnohistorical approach: a case study of bookplates

ABSTRACT

This study uses four examples of bookplates printed in Edwardian Britain (1901–1914) to demonstrate how the adoption of an ethnohistorical approach to social semiotics can vastly strengthen multimodal analysis. It argues that situating choices of image, colour, typography and materiality in archival research and the broader sociohistorical context of the Edwardian period can help to uncover the external motivations for a bookplate’s structure. The case study reveals that bookplate designs were primarily influenced by the social status and wealth of owners, as well as the specific, well-established norms of the bookplate genre. It also highlights the significance of connecting semiotic choices to the traditions of Edwardian society and the ways in which meanings can shift over time. The findings demonstrate the importance of grounding hypotheses concerning the function and form of artefacts in concrete historical documents, in addition to the vast potential of this methodology for exploring other texts within a particular historical period.     

Discrimination and the law

Law and Human Behavior -     

Patterns of Activism on State Supreme Courts

This study examines patterns of judicial conflict and policyactivism during 1930–1980 on the supreme courts of California,Michigan, New Jersey, North Carolina, Virginia, and West Virginia.The findings indicate that dramatic shifts from passivity toactivism take place over very short periods of time, and thatwhen a shift to judicial activism does occur, it is due mainlyto a change in court composition involving the introductionof "maverick" justices. Furthermore, of the four courts in thestudy that underwent a transition to activism, none have subsequentlybecome non-activist.     

Criminal justice decision making as a stratification process: The role of race and stratification resources in pretrial release

Our purpose is to bridge the criminal justice and stratification research literatures and to pursue the argument that homologous structural principles stratify allocation processes across central institutions of American society. The principle observed here in the making of bail decisions, as in earlier studies of the allocation of earnings, is that stratification resources operate to the greater advantage of whites than blacks. The operation of this principle is established through the estimation of covariance structure models of pretrial release decisions affecting 5660 defendants in 10 federal courts. Education and income are treated in this study as observed components of a composite construct, stratification resources, which works to the greater advantage of whites. Prior record is also found to operate to the greater advantage of whites. Two further variables, dangerousness and community ties, increase bail severity among blacks and whites. While the effect of community ties has been legally legitimized since the Bail Reform Act of 1966, the effect of dangerousness was not so legitimized until the Bail Reform Act of 1984. However, because our data precede the latter act, they confirm that this act simply reinstitutionalized earlier practice. Meanwhile, our race-specific findings may explain why although this and earlier studies find negligible main effects of race on criminal justice outcomes, black Americans nonetheless perceive more criminal injustice than do whites. In the criminal justice system, as in other spheres of American society, whites receive a better return on their resources, but our findings that the statutory severity of the offense and dangerousness work to the relative disadvantage of white defendants challenges conflict and labeling theory's one-dimensional characterization of black defendant disadvantage.     

Class and crime in war-time: Lessons of the American Vietnam war resistance in Canada

Class circumstances follow from as well as causally precede crime, and therelationship between class and crime is highly contingent. This tangled webof causation makes it challenging to meaningfully study links between classand crime. I propose that this tangled causal web can be better understoodif we direct more research to distinctive class settings in which particularkinds of crime occur. This implies directing more research attention to nonrepresentative samples that derive from nonrepresentativesettings, with the goal of increasing our leverage over theoreticallycontingent, class-connected contextual variables. This unconventionalresearch agenda is illustrated through an analysis of the lives of Americanswho resisted the draft and military service in Vietnam by ``dodging' and``deserting' military service and migrating to Canada, a new setting wherethese selective service and military ``criminals' were transformed by theiradopted nation's immigration policy into ``New Canadians' and unexpectedsymbols of Canadian sovereignty.