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JournalISSN: 0897-6546

Law and Social Inquiry-journal of The American Bar Foundation 

Wiley-Blackwell
About: Law and Social Inquiry-journal of The American Bar Foundation is an academic journal published by Wiley-Blackwell. The journal publishes majorly in the area(s): Politics & Legal profession. It has an ISSN identifier of 0897-6546. Over the lifetime, 1585 publications have been published receiving 26449 citations. The journal is also known as: Law and social inquiry.


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Journal ArticleDOI
TL;DR: The authors examines the concept of the corporate social license, which governs the extent to which a corporation is constrained to meet societal expectations and avoid activities that societies (or influential elements within them) deem unacceptable, whether or not those expectations are embodied in law.
Abstract: This article examines the concept of the corporate “social license,” which governs the extent to which a corporation is constrained to meet societal expectations and avoid activities that societies (or influential elements within them) deem unacceptable, whether or not those expectations are embodied in law. It examines the social license empirically, as it relates to one social problem–environmental protection–and as it relates to one particular industry: pulp and paper manufacturing. It shows try the social license is important, the circumstances in which it may encourage companies to go “beyond compliance” with regulation, how its terms are monitored and enforced, and how it interacts with what we term the regulatory and economic licenses. Overall, this research demonstrates that corporate environmental behavior cannot be explained purely in terms of instrumental threats and moral obligations to comply with the law, and that the increasing incidence of “beyond compliance” corporate behavior can be better explained in terms of the interplay between social pressures and economic constraints.

539 citations

Journal ArticleDOI
TL;DR: This article examined the instrumental and constitutive effects of California Assembly Bill 540 and found that despite the narrow actionable aspects of the law, it unintentionally legitimized this disenfranchised group and provided a socially acceptable identity that empowered these students to mobilize the law in a number of unforeseen ways.
Abstract: This article examines the instrumental and constitutive effects of California Assembly Bill 540. The law grants undocumented immigrant students an exemption from out-of-state tuition, thereby making some forms of higher education more accessible. Despite the narrow actionable aspects of the law, it unintentionally legitimizes this disenfranchised group. This longitudinal study of undocumented immigrant youth consists of in-depth interviews before, shortly after, and four years after the passage of the law. The findings demonstrate that AB 540 immediately relieved stigma and later provided a socially acceptable identity that, within a legal consciousness informed by meritocracy, empowered these students to mobilize the law in a number of unforeseen ways. The case strongly suggests that it is possible for unintended constitutive functions to have more transformative effects on the daily lives of targeted beneficiaries than the intended instrumental objectives of law.

293 citations

Journal ArticleDOI
TL;DR: The early stages of a convergence between sociology of law and the sociology of organizations have been witnessed in recent years as discussed by the authors, where sociolegal scholars increasingly recognize that important aspects of legal life occur within bureaucratic settings, such as law firms, regulatory agencies and corporations.
Abstract: Recent years have witnessed the early stages of a convergence between the sociology of law and the sociology of organizations. Contemporary sociolegal scholarship increasingly recognizes that important aspects of legal life occur within bureaucratic settings, such as law firms, regulatory agencies and corporations.1 Simultaneously, contemporary organizations theory increasingly acknowledges that important aspects of organizational activity occur within legal environments, such as rights regimes, disputing cultures, and regulatory systems.2 Although few researchers have explicitly attempted

269 citations

Journal ArticleDOI
TL;DR: In this article, the authors examined experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys and found that nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys.
Abstract: The current study examines experiences of interpersonal mistreatment in federal litigation among a random sample of 4,608 practicing attorneys. Using both quantitative and qualitative survey data, we documented the nature and interplay of general incivility, gender-related incivility, and unwanted sexual attention. Nearly 75% of female attorneys had experienced some form of this misconduct in the previous five years, compared to half of male attorneys. An in-depth examination of instigators revealed that not only fellow attorneys but also federal judges, court personnel, marshals, and court security officers instigated the inappropriate behavior. We further found that most attorneys responded to this mistreatment with avoidance and denial; few used or trusted existing reporting mechanisms. The current study surpassed simple prevalence estimates to document effects of interpersonal mistreatment on the professional well-being of targeted attorneys. We discuss implications of these results, drawing on theories of social dominance, sex-role spillover, cognitive stress, organizations, and intervention.

194 citations

Journal ArticleDOI
TL;DR: The authors deconstruct the practice of neutrality in mediation by examining both the discourse of neutrality operant in mediators' accounts of their practice and the discourse processes in mediation sessions, which allows for an alternative description of neutrality as a practice in discourse.
Abstract: Based on our research on the practice of neutrality in mediation, we deconstruct the practice of neutrality in mediation by examining both the discourse of neutrality operant in mediators’accounts of their practice and the discourse processes in mediation sessions. We identify three key terms—justice, power, and ideology as a system of terms central to the rhetoric of neutrality. We challenge existing definitions of neutrality in and by analyzing the discourse processes in mediation practice, which allows for an alternative description of neutrality as a practice in discourse.

178 citations

Performance
Metrics
No. of papers from the Journal in previous years
YearPapers
202345
202253
202162
202041
201959
201864