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Acknowledgments=xi

Introduction / ERIK LARSON ; PATRICK SCHMIDT=1

PART I. INEQUALITIES=7

DOES LAW BENEFIT THOSE WITH THE MOST RESOURCES?

1. Do the "Haves" Still Come Out Ahead? / JOEL B. GROSSMAN ; HERBERT M. KRITZER ; STEWART MACAULAY=13

2. The Rule of Law and the Litigation Process : The Paradox of Losing by Winning / CATHERINE ALBISTON=16

3. The Good Case : Decisions to Litigate at the World Trade Organization / JOSEPH A. CONTI=24

HOW DO AUTHORITY AND POWER INFLUENCE THE IMPLEMENTATION OF LAW?

4. Convictability and Discordant Locales : Reproducing Race, Class, and Gender Ideology in Prosecutorial Decisionmaking / LISA FROHMANN=35

5. The Reconstitution of Law in Local Settings : Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime / RYKEN GRATTET ; VALERIE JENNESS=42

CAN RIGHTS-BASED LITIGATION ADDRESS INEQUALITIES?

6. Popular Constitutionalism's Hard When You're Not Very Popular : Why the ACLU Turned to Courts / EMILY ZACKIN=55

7. Beyond Backlash : Assessing the Impact of Judicial Decisions on LGBT Rights / THOMAS M. KECK=62

PART II. ORGANIZATIONS AND LAW=71

WHEN IS REGULATION EFFECTIVE?

8. Explaining Corporate Environmental Performance : How Does Regulation Matter? / ROBERT A. KAGAN ; DOROTHY THORNTON ; NEIL GUNNINGHAM=75

9. The "Compliance" Trap : The Moral Message in Responsive Regulatory Enforcement / CHRISTINE PARKER=84

10. Labor Regulation, Corporate Governance, and Legal Origin : A Case of Institutional Complementarity? / BETH AHLERING ; SIMON DEAKIN=92

HOW DO REGULATED ORGANIZATIONS INFLUENCE LEGAL OUTCOMES?

11. Internal Dispute Resolution : The Transformation of Civil Rights in the Workplace / LAUREN B. EDELMAN ; HOWARD S. ERLANGER ; JOHN LANDE=103

12. The Privatization of Public Legal Rights : How Manufacturers Construct the Meaning of Consumer Law / SHAUHIN A. TALESH=111

PART III. LAWYERS AND LEGAL WORK=119

HOW DO HIERARCHIES INFLUENCE THE LEGAL PROFESSION?

13. Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools / MICHAEL SAUDER ; RYON LANCASTER=123

14. Lawyer Satisfaction in the Process of Structuring Legal Careers / RONIT DINOVITZER ; BRYANT G. GARTH=131

WHAT FORCES INFLUENCE LAWYERS' PRACTICES?

15. The Changing Character of Lawyers' Work : Chicago in 1975 and 1995 / JOHN P. HEINZ ; EDWARD O. LAUMANN ; ROBERT L. NELSON ; ETHAN MICHELSON=141

16. Lawyers, Mediation, and the Management of Divorce Practice / CRAIG A. MCEWEN ; LYNN MATHER ; RICHARD J. MAIMAN=147

CAN LAWYERS ADDRESS INEQUALITIES THROUGH SERVICE AND POLITICAL WORK?

17. The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City's Housing Court : Results of a Randomized Experiment / CARROLL SERON ; GREGG VAN RYZIN ; MARTIN FRANKEL ; JEAN KOVATH=159

18. Cause Lawyering in Transnational Perspective : National Conflict and Human Rights in Israel/Palestine / LISA HAJJAR=166

PART IV. LEGAL CONFRONTATIONS―DISPUTING AND LEGAL CONSCIOUSNESS=173

19. A New Social Constructionism for Sociolegal Studies / ELIZABETH MERTZ=176

WHY DO PEOPLE TURN TO LAW IN DISPUTES?

20. Litigating within Relationships : Disputes and Disturbance in the Regulatory Process / CARY COGLIANESE=185

21. Pursuing Rights and Getting Justice on China's Ethnic Frontier, 1949-1966 / NEIL J. DIAMANT=193

HOW DO PEOPLE USE IDEAS AND IDEALS IN LEGAL DISPUTES?

22. Framing the Choice between Cash and the Courthouse : Experiences with the 9/11 Victim Compensation Fund / GILLIAN K. HADFIELD=203

23. Justice Excused : The Deployment of Law in Everyday Political Encounters / GEORGE I. LOVELL=211

HOW DO IDEAS INFLUENCE PEOPLES' BELIEFS ABOUT LAW?

24. Three Strikes and You Are Out, but Why? The Psychology of Public Support for Punishing Rule Breakers / TOM R. TYLER ; ROBERT J. BOECKMANN=223

25. Situating Legal Consciousness : Experiences and Attitudes of Ordinary Citizens about Law and Street Harassment / LAURA BETH NIELSEN=232

HOW DOES CONSCIOUSNESS INFLUENCE THE CONSTRUCTION OF LAW?

26. Idle Rights : Employees' Rights Consciousness and the Construction of Sexual Harassment Policies / ANNA-MARIA MARSHALL=243

27. Mobilizing the Law in China : "Informed Disenchantment" and the Development of Legal Consciousness / MARY E. GALLAGHER=253

PART V. LAW AS AN EMERGENT INSTITUTION=261

HOW DOES LAW RELATE TO OTHER SOCIAL INSTITUTIONS?

28. Competing Institutions: Law, Medicine, and Family in Neonatal Intensive Care / CAROL A. HEIMER=265

29. Challenging Medicine : Law, Resistance, and the Cultural Politics of Childbirth / KATHERINE BECKETT ; BRUCE HOFFMAN=276

HOW DO LEGAL ORDERS CHANGE WHEN COUNTRIES CHANGE?

30. Alternative Readings: The Status of the Status of Children Act in Antigua and Barbuda / MINDIE LAZARUS-BLACK=287

31. Landscapes of the Law : Injury, Remedy, and Social Change in Thailand / DAVID M. ENGEL=293

32. Truth, Reconciliation, and the Creation of a Human Rights Culture in South Africa / JAMES L. GIBSON=301

HOW HAS LAW BECOME GLOBAL?

33. Rights, Religion, and Community : Approaches to Violence against Women in the Context of Globalization / SALLY ENGLE MERRY=313

34. Merchants of Law as Moral Entrepreneurs : Constructing International Justice from the Competition for Transnational Business Disputes / YVES DEZALAY ; BRYANT GARTH=321

35. National Politics as International Process : The Case of Anti-Female Genital Cutting Laws / ELIZABETH HEGER BOYLE ; SHARON E. PREVES=330

PART VI. LAW AS A PRODUCTIVE INSTITUTION=339

HOW DOES LAW INFLUENCE GROUP IDENTITY?

36. Through a Green Lens : The Construction of Customary Environmental Law and Community in Indonesia's Maluku Islands / CHARLES ZERNER=343

37. Unsuitable Suitors : Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities / DEENESH SOHONI=351

CAN GROUPS REMAKE IDENTITY THROUGH LAW?

38. Think of the Hippopotamus : Rights Consciousness in the Fat Acceptance Movement / ANNA KIRKLAND=361

39. Legitimizing American Indian Sovereignty : Mobilizing the Constitutive Power of Law through Institutional Entrepreneurship / ERICH W. STEINMAN=370

HOW DOES LAW OPERATE AS A SYSTEM OF IDEAS?

40. Blue Jeans, Rape, and the "De-Constitutive" Power of Law / KITTY CALAVITA=381

41. Do Blind People See Race? Social, Legal, and Theoretical Considerations / OSAGIE K. OBASOGIE=387

CAN SOCIAL SCIENCE INFORM PROGRESSIVE CHANGE IN LAW?

42. From Legal Realism to Law and Society : Reshaping Law for the Last Stages of the Social Activist State / BRYANT GARTH ; JOYCE STERLING=399

43. What Counts as Knowledge? A Reflection on Race, Social Science, and the Law / RACHEL F. MORAN=403

Bibliography=411

About the Authors=417

About the Editors=423

Index=425

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Law and society scholars challenge the
common belief that law is simply a neutral tool by which society sets standards
and resolves disputes. Decades of research shows how much the nature of
communities, organizations, and the people inhabiting them affect how law
works. Just as much, law shapes beliefs, behaviors, and wider social
structures, but the connections are much more nuanced--and surprising--than many
expect.

Law and Society
Reader II
provides readers an accessible overview to the breadth of recent developments
in this research tradition, bringing to life the developments in this dynamic
field. Following up a first Law and
Society Reader published in 1995, editors Erik W. Larson and Patrick D.
Schmidt have compiled excerpts of 43 illuminating articles published since 1993
in The Law & Society Review, the
flagship journal of the Law and Society Association.

By its organization
and approach, this volume enables readers to join in discussing the key ideas
of law and society research. The selections highlight the core insights and
developments in this research tradition, making these works indispensable for
those exploring the field and ideal for classroom use. Across six
concisely-introduced sections, this volume analyzes inequality, lawyering, the
relation between law and organizations, and the place of law in relation to
other social institutions.

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