Home
Eric Fink's Library tagged → View Popular
The American Law Professoriate in Michigan Law Quad Notes – Katz, Gubler, Zelner, Provins & Ingall | Computational Legal Studies
Computational network model of U.S. law professors
SSRN-Hustle and Flow: A Social Network Analysis of the American Federal Judiciary by Daniel Katz, Derek Stafford
"Scholars have long asserted that social structure is an important feature of a variety of societal institutions. As part of a larger effort to develop a fully integrated model of judicial decision making, we argue that social structure-operationalized as the professional and social connections between judicial actors-partially directs outcomes in the hierarchical federal judiciary.
Since different social structures impose dissimilar consequences upon outputs, the precursor to evaluating the doctrinal consequences that a given social structure imposes is a descriptive effort to characterize its properties. Given the difficulty associated with obtaining appropriate data for federal judges, it is necessary to rely upon a proxy measure to paint a picture of the social landscape. In the aggregate, we believe the flow of law clerks reflects a reasonable proxy for social and professional linkages between jurists. Having collected available information for all federal judicial law clerks employed by an Article III judge during the "natural" Rehnquist Court (1995-2004), we use these roughly 19,000 clerk events to craft a series of network based visualizations.
Using network analysis, our visualizations and subsequent analytics provide insight into the path of peer effects in the federal judiciary. For example, we find the distribution of "degrees" is highly skewed implying the social structure is dictated by a small number of socially prominent actors. Using a variety of centrality measures, we identify these socially prominent jurists. Next, we draw from the extant complexity literature and offer a possible generative process responsible for producing such inequality in social authority. While the complete adjudication of a generative process is beyond the scope of this article, our results contribute to a growing literature documenting the highly-skewed distribution of authority across the common law and its constitutive institutions. "
SSRN-Beyond Methods - Law & Society in Action by Patrick Schmidt , Simon Halliday
This essay is the introductory chapter of a book about research methods in the field of law and society (Halliday, S. and Schmidt, P., Conducting Law and Society Research: Reflections on Methods and Practices, New York: Cambridge University Press, 2009). Through interviews with many of the most noteworthy authors of law and society, Conducting Law and Society Research takes readers behind the scenes of empirical scholarship, showing the messy reality of the research process. The challenges and the uncertainties, so often missing from research methods textbooks, are revealed in candid detail. The accessible and revealing conversations about the lived reality of classic projects will be a source of encouragement and inspiration to those embarking on empirical research, ranging across the full array of disciplines that contribute to law and society. In this introductory essay, we argue for greater candor in discussing the messiness of empirical research methods, particularly in the field of law and society which has for many years explored the gap between rules and reality. We also examine the role which luck (both good and bad) plays in empirical research. Ultimately, we suggest that narratives of the research process such as the conversations contained in the book are a necessary complement to research methods textbooks. They reveal, in powerful ways, that 'good research' displays not an absence of problems but the care taken in negotiating them.
A Comment on Rosenberg’s New Edition of the Hollow Hope | The Legal Workshop
Gerald Rosenberg’s new edition of The Hollow Hope repeats his earlier book-length argument against the prospects of social reform through law. Complete with tables, charts, and updated statistics, the new edition replies to his critics and extends his analysis to a number of new areas, including same-sex marriage. The new material reinforces his original conclusion that legal rulings fail to spark social progress not already underway.
Roger Cotterrell, The Struggle for Law: Some Dilemmas of Cultural Legality
Second Annual International Law in Context Lecture, Georgetown University
SSRN-The Struggle for Law: Some Dilemmas of Cultural Legality by Roger Cotterrell
What general challenges are posed for legal thought by multiculturalism? Until relatively recently, modern jurists (as contrasted with sociolegal scholars) have not devoted much attention to cultural diversity as an issue for legal theory, or to asking ge
SSRN-Making Globalism Work for Employees by Jeffrey Hirsch
The rise of globalism has allowed businesses to expand their chains of production across the world and forced them to compete internationally. This expansion of competition has also extended to the labor market, as workers must now often compete with othe
Australian Institute of Criminology - View paper
Using jurors to ascertain public opinion on sentencing has a number of advantages over other methods. Jurors' opinions are based on informed judgements rather than uninformed, intuitive responses and they have detailed knowledge of the offence and a sense
Peer Zumbansen, Law's Knowledge and Law's Effectiveness: Reflections from Legal Sociology and Legal Theory by Peer Zumbansen
Legal sociology is in a crisis - or so it is said. The field is not widely represented at Law Faculties today and, the claim goes, is in dire need of a new spirit. Meanwhile, scholars who are working in the area cover a wide array of research questions, r
Mary Matsuda, Law and Culture in the District Court of Honolulu, 1844-1845: A Case Study of the Rise of Legal Consciousness
32 Am. J. Legal Hist. 16 (1988)
John Conley
27 Loy. L. A. L. Rev. 41 (1993-1994) Annotated link http://www.diigo.com/bookmark/http%3A%2F%2Fwww.heinonline.org%2FHOL%2FPage%3Fpublic%3Dfalse%26handle%3Dhein.journals%2Flla27%26men_hide%3Dfalse%26men_tab%3Dcitnav%26collection%3Djournals%26page%3D41
-
Legal Anthropology Comes Home: A Brief History of the Ethnographic Study of Law
Stuart Scheingold, Radical Lawyers and Socialist Ideals
Journal of Law and Society, Vol. 15, No. 1 (Spring, 1988), pp. 122-138
Scott Cummings & Ann Southworth, Between Profit and Principle: The Private Public Interest Firm by Scott Cummings, Ann Southworth
This chapter considers the relationship between private practice and the public good through the lens of an under-examined organizational form: the "private public interest law firm." This form of practice attempts to marry profit and principle in organiz
Anthony Paik, John P. Heinz,
37 Law
Selected Tags
Related Tags
Sponsored Links
Groups interested in socio-le...
Diigo is about better ways to research, share and collaborate on information. Learn more »
Join Diigo