Law in Culture

Abstract. The relationship of law and culture has long been a concern of legal anthropology and sociology of law. But it is recognised today as a central issue in many different kinds of juristic inquiries. All these recent invocations of the concept of culture indicate or imply problems at the boundaries of established thought about either the nature of law or the values that law is thought to express or reflect. The consequence is that legal theory must, it seems, now systematically take account of the notion of culture. The present paper asks how this might best be done. I argue that a concept of culture, as such, is of limited utility for legal theory because the term “culture” embraces a too indefinite and disparate range of phenomena. But legal theory needs conceptual resources to consider at a general level the relations of law and culture. This paper suggests that these resources should include, above all, a rigorous distinguishing of different abstract types of community. Legal theory requires a sociologically‐informed concept of community. What is encompassed by the vague idea of culture is actually the content of different types of social relations of community and the networks (combinations) in which they exist.     

Police use of force: examining the relationship between calls for service and the balance of police force and suspect resistance

Over the past decade, the use of force by the police has become an important public policy concern and topic of social science research. A number of researchers hypothesized about the factors that explain the amount of force used by police officers. Prior research focused almost exclusively on the highest level of force used in police-citizen interactions and neglected to examine the relative amount of forced used by the police compared to that used by suspects. To address this shortcoming, this study analyzed data from three years of official use-of-force reports in the Miami-Dade Police Department (MDPD). Contrary to studies that examine only the use of force by the police, this study found that the relative amount of force used by the police was greatest in the less threatening types of offenses. The implications of this study for research and policy are discussed.     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.     

Household dissolution, child care and divorce law

This paper sets up a model of household dissolution in which one party decides to leave a household that contains children. We study the effects of divorce law on this decision and, in particular, the role of legal provisions governing the post-dissolution care of the household’s children. In particular, we show that there is an inevitable tension between achieving efficiency in marriage and at the same time achieving efficiency in divorce.     

State Spaceport Initiatives: Economic and Political Innovation in an Intergovernmental Context

State spaceports are an interesting example of intergovernmentalrelations because activities conducted at such facilities spanthe state, federal, and international realms. Five states—Alaska,California, Florida, New Mexico, and Virginia—are themost visible participants in the process. In this study, thesupporting rationales for such endeavors are discussed withinthe context of the broader contours of intergovernmental relations.The field is a product of the post-Cold War period during whichopportunities for state space activities arose due to changesin the national security environment. Three distinct but interrelatedexplanations are suggested for why the field has developed slowly,although during the past two years, progress in achieving goalshas begun to occur.     

Police psychology: The influence of Daubert and its progeny

In the current legal atmosphere, any practicing professionals, including police psychologists, may expect to have their decisions challenged in court. If such a challenge is not met, it may have a disastrous financial and reputational impact for both the psychologist (and other expert consultant) and the employer or contractor by whom the psychologist has been retained. The rules for expert witness qualification throughout the nation have been very strongly effected by the introduction of the Federal Rules of Evidence in 1975 and subsequent case law, particularly theDaubert, Joiner, andKumho Tire Supreme Court decisions. This article examines the history of the development of theDaubert Standard and proposes principles for potential expert witnesses in order to minimize the likelihood of aversive consequences, such as disqualification or malpractice accusations. Authors' Note: Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, Louisiana, and is in private practice in Baton Rouge. He holds a Diplomate in Police and Criminal Psychology from the Society for Police and Criminal Psychology. Robert Davis, Ph.D., is executive vicepresident and director of science, research, and development, for Matrix, Inc., and has a private practice in Baton Rouge, Louisiana. He holds a Diplomate from the Society for Police and Criminal Psychology. Judith Levy, Ph.D., is currently a postdoctoral fellow at Matrix, Inc.     

Margaret M. deGuzman and Valerie Oosterveld (eds.), The Elgar Companion to the International Criminal Court,Elgar, Cheltenham/Northampton, 2020, 431 pp

Criminal Law Forum -     

THE CURRENTS BENEATH THE “RISING TIDE” OF SCHOOL CHOICE: AN ANALYSIS OF STUDENT ENROLLMENT FLOWS IN THE CHICAGO PUBLIC SCHOOLS

Existing research highlights that families face geographic, social, and psychological constraints that may limit the extent to which competition can take hold in school choice programs. In this paper, we address the implications of such findings by creating a network of student flows from 11 cohorts of eighth‐grade students in the Chicago Public Schools (CPS). We applied a custom algorithm to group together schools with similar sending and receiving patterns, and calculated the difference in mean achievement between a student's attended and assigned high schools. For all identified school groupings, we found that the students were on average moving to higher achieving schools. We also found that the movement toward higher achieving schools of the top achievement quartile of students was over twice as large as that of the bottom quartile, but that the flows of both the highest and lowest achieving student quartiles were toward higher achieving destinations. Our results suggest that student movements in CPS between the years of 2001 to 2005 were consistent with creating market pressure for improvement as well as increasing segregation by achievement. However, further research into how schools responded to those movements is required to make inferences about the level or consequences of competition generated by choice‐related reforms during that time.