Tacticians,Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice

At Westminster, there are increasing pressures on select committees to publish in‐house legal advice. We suggest that examining the process of deciding to publish provides useful insights into the provision, reception, and use of legal advice, and the dynamics of select committees generally. We argue that the autonomy of select committees to decide what use they make of evidence and advice they receive is, in practice, constrained by the intra‐institutional dynamics and practices of select committees. Committee actors – parliamentarians, clerks, and parliamentary lawyers – each have overlapping, sometimes competing, roles. Most of the time, these roles and the responsibilities they encompass coincide, but the prospect of publication reveals clear tensions between the different actors. This is the politics of publication: the tactical approach of politicians is in tension with the stewardship of clerks and the professional norms of parliamentary lawyers. We suggest this tension will only increase in the near future.     

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.     

Latent Fingermark Aging Patterns (Part IV): Ridge Width as One Indicator of Degradation

This fourth article of the series is taking an in‐depth analysis at the visible aging of latent fingermarks regarding changes in ridge widths over time. The objective is to quantify and statistically describe significant ridge size variations under controlled indoor conditions. The effect of three environmental variables are examined: type of secretion (sebaceous‐ and eccrine‐rich) and type of substrate (glass and polystyrene) when aged in three light conditions (direct natural light, shade, and dark). Prior to width measurements, fresh and aged fingermarks were powdered with titanium dioxide (TiO₂) and sequentially photographed at predetermined times over 6 months. Three independent observers measured the ridges from thirty predetermined locations using strategically placed intersecting lines on the print. Results indicate that fingermarks deposited on glass are more resilient to degradation compared with those deposited on plastic. The presence of direct natural light plays a negligible role on degradation compared to secretion and substrate types.     

An Evidence‐based Forensic Taxonomy of Windows Phone Dating Apps

Advances in technologies including development of smartphone features have contributed to the growth of mobile applications, including dating apps. However, online dating services can be misused. To support law enforcement investigations, a forensic taxonomy that provides a systematic classification of forensic artifacts from Windows Phone 8 (WP8) dating apps is presented in this study. The taxonomy has three categories, namely: Apps Categories, Artifacts Categories, and Data Partition Categories. This taxonomy is built based on the findings from a case study of 28 mobile dating apps, using mobile forensic tools. The dating app taxonomy can be used to inform future studies of dating and related apps, such as those from Android and iOS platforms.     

The Network of Law Reviews: Citation Cartels,Scientific Communities,and Journal Rankings

Research evaluation is increasingly influenced by quantitative data. We focus on the influential Web of Science Journal Citation Reports (JCR) ranking of law journals and critically assess its methodology. In particular, we consider the existence and impact of a tacit citation cartel between US law reviews. A study of 45 US student‐edited (SE) and 45 peer‐reviewed (PR) journals included in the category of Law in the JCR revealed that PR and SE journals are more inclined to cite members of their own class and that this phenomenon is more pronounced in SE generalist journals, reflecting tacit cartelistic behavior generated by deeply entrenched institutional practices. Because US SE journals produce more citations than PR journals, the fact that their citations are directed almost exclusively to SE journals elevates their scores and distorts the journals' ranking and can consequently undermine the flow and creation of ideas. We discuss policy measures that can counter the adverse effects of this situation.     

Investigating Legal Consciousness through the Technical Work of Elite Lawyers: A Case Study on Tax Avoidance

Since the 1990s, legal consciousness has been amply used by sociolegal scholars to better understand the everyday lives of ordinary people, with a strong focus on vulnerable or impoverished people. This article argues that legal consciousness, with some methodological adjustments, could lend itself to the study of the rich and powerful by investigating both the technical work of their lawyers and how that work shapes our broader legal culture. To illustrate this point, this article takes tax avoidance as a case study. Drawing on materials revealed by a recent tax scandal, it suggests that current difficulty in tackling the problem of tax avoidance rests on uneven access to the cultural repertoires related to legal technique and legal innovation, which fosters the tax‐avoidance narrative's ambiguity.     

INTERORGANIZATIONAL UTILITY OF WELFARE STIGMA IN THE CRIMINAL JUSTICE SYSTEM*

The appropriation of “welfare stigma” or stereotypes about poor people's overreliance and abuse of public aid in two core criminal justice functions is examined: felony adjudication in a court system and space allocation in a jail. Through a comparative ethnographic study in which an abductive analysis of data (20 months of fieldwork) was used, we show that criminal justice gatekeepers utilize welfare stigma to create stricter eligibility criteria for due process in criminal courts and occupancy in jails. Specifically, the number of court appearances, motions, trials, jail beds, food, showers, and medical services is considered by professionals to be the benefits that individuals seek to access and abuse. Professionals view their role as preventing (rather than granting) access to these resources. The comparative nature of our data reveals that welfare stigma has interorganizational utility by serving two different organizational goals: It streamlines convictions in courts, which pulls defendants through adjudication, and conversely, it expands early release from jails, which pulls inmates out of the custody population. In the context of diminishing social safety nets, our findings have implications for understanding how discretion is exercised in an American criminal justice system increasingly tasked with the distribution of social services to the urban poor.