Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co‐Production of Law and Science

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political‐institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial‐organizational (I‐O) psychology became co‐produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co‐production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.     

I.v. drug use and AIDS: public policy and dirty needles

Users of intravenous heroin, cocaine, and amphetamines risk the transmission of human immunodeficiency virus (HIV) through the sharing of contaminated injection equipment. Although most users are aware of this risk, the scarcity of sterile needles and syringes, combined with various social and cultural factors, fosters dangerous sharing practices. This paper examines the legal and political contexts of proposals to ease access to sterile needles and injection equipment. The author seeks an explanation for the continued reluctance to institute such programs in the United States, while similar programs have been instituted in other countries where intravenous drug use has also contributed to the spread of HIV infection and AIDS.