Recent csls items

The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown v. Plata

Mon, 17 Jun 2013 00:00:00 +0000

The Return of the Medical Model: Disease and the Meaning of Imprisonment from John Howard to Brown v. Plata

Trademark and Copyright Enforcement in the Shadow of IP Law

Fri, 3 Feb 2012 00:00:00 +0000

Trademark and Copyright Enforcement in the Shadow of IP Law

New arcana imperii

Tue, 7 Dec 2010 00:00:00 +0000

New arcana imperii

Executions, Deterrence, and Homicide: A Tale of Two Cities

Wed, 2 Sep 2009 00:00:00 +0000

Executions, Deterrence, and Homicide: A Tale of Two Cities

The Future of Financial Regulation: Enhancing Integrity Through Design

Tue, 4 Aug 2009 00:00:00 +0000

The Future of Financial Regulation: Enhancing Integrity Through Design

No Rationale for the Law of Homicide, How Governing Through Crime Has Devolved the Law of Homicide and Locked in Hyper-Punishment

Fri, 26 Jun 2009 00:00:00 +0000

No Rationale for the Law of Homicide, How Governing Through Crime Has Devolved the Law of Homicide and Locked in Hyper-Punishment

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

Thu, 25 Jun 2009 00:00:00 +0000

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

Designing Justice: Legal Institutions and Other Systems for Managing Conflict

Wed, 18 Mar 2009 00:00:00 +0000

Designing Justice: Legal Institutions and Other Systems for Managing Conflict

Current Empirical Premises of the Disclosure of the Secrets of Property Law: A Foundation and a Guideline for Future Research

Tue, 10 Feb 2009 00:00:00 +0000

Current Empirical Premises of the Disclosure of the Secrets of Property Law: A Foundation and a Guideline for Future Research

The Contracting State and Its Courts

Tue, 13 Jan 2009 00:00:00 +0000

The Contracting State and Its Courts

From Benefit Sharing to Power Sharing: Partnership Governance in Population Genomics Research

Fri, 3 Oct 2008 00:00:00 +0000

Translating knowledge of the genome into clinical applications will require the construction of large searchable repositories of phenotypic and genotypic information. These collections of DNA and biological information call for the sustained involvement of large numbers of research participants, and raise a host of difficult legal and ethical issues. Historically, the commercial value of medical records, bioinformation, and gene patents emerged after the regulatory structures of bioethics came into place. For some bioethicists and policy-makers, the norm of ‘benefit sharing’ has become a necessary corrective for a system seen to facilitate the appropriation of a valuable resource from research participants.

While benefit sharing should be applauded insofar as it attempts to submit relations of biocapital to new claims of distributive justice, the project is likely to fail both as a normative and practical matter without greater attention to issues of procedural justice:...

The Political Development of Job Discrimination Ligitation, 1963-1976

Wed, 1 Oct 2008 00:00:00 +0000

The Political Development of Job Discrimination Ligitation, 1963-1976

Compliance Costs, Regulation, and Environmental Performance: Controlling Truck Emissions in the United States

Wed, 30 Jul 2008 00:00:00 +0000

Compliance Costs, Regulation, and Environmental Performance: Controlling Truck Emissions in the United States

Collaborative Governance: Emerging Practices and the Incomplete Legal Framework for Citizen Stakeholder Voice

Wed, 23 Jul 2008 00:00:00 +0000

Collaborative Governance: Emerging Practices and the Incomplete Legal Framework for Citizen Stakeholder Voice

Perfect Execution: Abolitionism and the Paradox of Lethal Injection

Thu, 22 May 2008 00:00:00 +0000

Perfect Execution: Abolitionism and the Paradox of Lethal Injection

Do Citizens Accurately Perceive Marijuana Sanction Risks? A Test of a Critial Assumption in Deterrence Theory and the Decriminalization Debate

Fri, 18 Apr 2008 00:00:00 +0000

Do Citizens Accurately Perceive Marijuana Sanction Risks? A Test of a Critial Assumption in Deterrence Theory and the Decriminalization Debate

Intellectual Property

Mon, 24 Mar 2008 00:00:00 +0000

Intellectual Property

Drug Use and Drug Policy in a Prohibition Regime

Thu, 6 Mar 2008 00:00:00 +0000

Drug Use and Drug Policy in a Prohibition Regime

Katz at Forty: A Sociological Jurisprudence Whose Time Has Come

Thu, 6 Mar 2008 00:00:00 +0000

Katz at Forty: A Sociological Jurisprudence Whose Time Has Come

From the Social Contract to a Social Contract Law: Forms and Functions of Administrative Contracts in a Fragmented Society – a Continental View

Tue, 26 Feb 2008 00:00:00 +0000

From the Social Contract to a Social Contract Law: Forms and Functions of Administrative Contracts in a Fragmented Society – a Continental View

Private Litigation, Separation of Powers, and the Struggle Over Job Discrimination Enforcement, 1981-1991

Wed, 20 Feb 2008 00:00:00 +0000

Private Litigation, Separation of Powers, and the Struggle Over Job Discrimination Enforcement, 1981-1991

More than One Mother: Determining Maternity for the Biological Child of a Female Same-Sex Couple - The Israeli View

Fri, 14 Dec 2007 00:00:00 +0000

More than One Mother: Determining Maternity for the Biological Child of a Female Same-Sex Couple - The Israeli View

The Mobilization and Diffusion of Rights: Organizational Responses to Accessibility Laws at the Community Level

Fri, 14 Dec 2007 00:00:00 +0000

The Mobilization and Diffusion of Rights: Organizational Responses to Accessibility Laws at the Community Level

Public Regulation and Private Lawsuits in the American Separation of Powers System

Wed, 19 Sep 2007 00:00:00 +0000

Public Regulation and Private Lawsuits in the American Separation of Powers System

Distinguishing Spurious and Real Peer Effects: Evidence from Artificial Societies, Small-Group Experiments, and Real Schoolyards

Wed, 19 Sep 2007 00:00:00 +0000

Distinguishing Spurious and Real Peer Effects: Evidence from Artificial Societies, Small-Group Experiments, and Real Schoolyards

Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991

Wed, 19 Sep 2007 00:00:00 +0000

Congressional Mobilization of Private Litigants: Evidence from the Civil Rights Act of 1991

The Persistence of Economic Factors in Shaping Regulation and Environmental Performance: The Limits of Regulation and Social License Pressures

Wed, 12 Sep 2007 00:00:00 +0000

The Persistence of Economic Factors in Shaping Regulation and Environmental Performance: The Limits of Regulation and Social License Pressures

The Passage of the Prison Rape Elimination Act: An Analysis of the Reconfiguration of Sexual Citizenship for Prisoners

Fri, 29 Jun 2007 00:00:00 +0000

The Passage of the Prison Rape Elimination Act: An Analysis of the Reconfiguration of Sexual Citizenship for Prisoners

The Rule of Law in the Age of Terrorism - An Audit

Fri, 29 Jun 2007 00:00:00 +0000

The Rule of Law in the Age of Terrorism - An Audit

Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of “Intensity"

Thu, 28 Jun 2007 00:00:00 +0000

Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of “Intensity"

Enabling Stem Cell Research and Development

Wed, 9 May 2007 00:00:00 +0000

Enabling Stem Cell Research and Development

Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security

Mon, 30 Apr 2007 00:00:00 +0000

Recovering the Craft of Policing: Wrongful Convictions, the War on Crime, and the Problem of Security

Looking for Law in China

Mon, 30 Apr 2007 00:00:00 +0000

Looking for Law in China

Testing Drugs Versus Testing For Drug Use: Private Risk Management in the Shadow of the Criminal Law

Thu, 29 Mar 2007 00:00:00 +0000

Testing Drugs Versus Testing For Drug Use: Private Risk Management in the Shadow of the Criminal Law

The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General

Tue, 14 Nov 2006 00:00:00 +0000

The Procedural Attack on Civil Rights: The Empirical Reality of Buckhannon for the Private Attorney General

The Tensions Between Legal Instrumentalism and the Rule of Law

Tue, 14 Nov 2006 00:00:00 +0000

The Tensions Between Legal Instrumentalism and the Rule of Law

Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment

Mon, 25 Sep 2006 00:00:00 +0000

Owning Form, Sharing Content: Natural-Right Copyright and Digital Environment

Law, Lawyers, and Empire: From the Foreign Policy Establishment To Technical Legal Hegemony

Mon, 25 Sep 2006 00:00:00 +0000

Law, Lawyers, and Empire: From the Foreign Policy Establishment To Technical Legal Hegemony

Regulating with Carrots, Regulating with Sticks

Mon, 25 Sep 2006 00:00:00 +0000

Regulating with Carrots, Regulating with Sticks

The Relativity of Judgment as a Challenge for Behavioral Law and Economics

Thu, 22 Jun 2006 00:00:00 +0000

The Relativity of Judgment as a Challenge for Behavioral Law and Economics

Sixth Graders in Middle School Behave Worse than Sixth Graders in Elementary School

Thu, 22 Jun 2006 00:00:00 +0000

Sixth Graders in Middle School Behave Worse than Sixth Graders in Elementary School

Calibration Trumps Confidence as a Basis for Witness Credibility

Wed, 14 Jun 2006 00:00:00 +0000

Calibration Trumps Confidence as a Basis for Witness Credibility

Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation

Wed, 14 Jun 2006 00:00:00 +0000

Regulation of Hybrid Networks at the Intersection between Governmental Administration and Economic Self-Organisation

Complicity and the Bystander to Crime

Thu, 6 Apr 2006 00:00:00 +0000

Complicity and the Bystander to Crime

Rewarding Creativity

Thu, 6 Apr 2006 00:00:00 +0000

Rewarding Creativity

The Organization of Administrative Justice Systems:

Thu, 6 Apr 2006 00:00:00 +0000

The Organization of Administrative Justice Systems:

Education, Equality, and National Citizenship

Thu, 6 Apr 2006 00:00:00 +0000

Education, Equality, and National Citizenship

Repression and Denial in Criminal Lawyering

Mon, 27 Mar 2006 00:00:00 +0000

Repression and Denial in Criminal Lawyering

The Paradox of Omnipotence: Courts, Constitutions, and Commitments

Mon, 27 Mar 2006 00:00:00 +0000

The Paradox of Omnipotence: Courts, Constitutions, and Commitments

Repellent Crimes and the Limits of Justice: Emotion and the Death Penalty

Mon, 27 Mar 2006 00:00:00 +0000

Repellent Crimes and the Limits of Justice: Emotion and the Death Penalty

American and European Ways of Law: Six Entrenched Differences

Thu, 16 Feb 2006 00:00:00 +0000

American and European Ways of Law: Six Entrenched Differences

Intellectual Capital and Voting Booth Bioethics: A Contemporary Historical Critique

Thu, 15 Sep 2005 00:00:00 +0000

Intellectual Capital and Voting Booth Bioethics: A Contemporary Historical Critique

Textual Harassment: A New Historicist Reappraisal of the Parol Evidence Rule with Gender in Mind

Thu, 7 Jul 2005 00:00:00 +0000

Textual Harassment: A New Historicist Reappraisal of the Parol Evidence Rule with Gender in Mind

To Render Justice: Models of ‘Justice’ in the International Criminal Tribunal for the Former Yugoslavia

Thu, 7 Jul 2005 00:00:00 +0000

To Render Justice: Models of ‘Justice’ in the International Criminal Tribunal for the Former Yugoslavia

Fact-Finding in Constitutional Cases

Thu, 7 Jul 2005 00:00:00 +0000

Fact-Finding in Constitutional Cases

A Turning Point in Copyright: Baker v. Selden and Its Legacy

Wed, 8 Jun 2005 00:00:00 +0000

A Turning Point in Copyright: Baker v. Selden and Its Legacy

Liking to Be in America: Puerto Rico's Quest for Difference within the United States

Wed, 8 Jun 2005 00:00:00 +0000

Liking to Be in America: Puerto Rico's Quest for Difference within the United States

Criminal Responsibility and the Proof of Guilt

Wed, 8 Jun 2005 00:00:00 +0000

Criminal Responsibility and the Proof of Guilt

The Phenomenon in the United States Juvenile Justice System of Blending Protective Sentencing and Criminal Sentencing, and The Issue of Stiffer Penalties in the Japanese Juvenile Justice System

Fri, 27 May 2005 00:00:00 +0000

The Phenomenon in the United States Juvenile Justice System of Blending Protective Sentencing and Criminal Sentencing, and The Issue of Stiffer Penalties in the Japanese Juvenile Justice System

Charity, Publicity, and the Donation Registry

Thu, 26 May 2005 00:00:00 +0000

Charity, Publicity, and the Donation Registry

Using the Concept of Legal Culture

Wed, 25 May 2005 00:00:00 +0000

Using the Concept of Legal Culture

Media Reporting of Jury Verdicts: Is the Tail (of the Distribution) Wagging the Dog?

Wed, 25 May 2005 00:00:00 +0000

Media Reporting of Jury Verdicts: Is the Tail (of the Distribution) Wagging the Dog?

The Development of Informal Reformatory Sentences for Juvenile Offenders in the Late Eighteenth and Early Nineteenth Centuries

Wed, 25 May 2005 00:00:00 +0000

The Development of Informal Reformatory Sentences for Juvenile Offenders in the Late Eighteenth and Early Nineteenth Centuries

Framing the Food Fights: How Mass Media Construct and Constrict Public Interest Litigation

Wed, 25 May 2005 00:00:00 +0000

Framing the Food Fights: How Mass Media Construct and Constrict Public Interest Litigation

Antigone's Law

Thu, 5 May 2005 00:00:00 +0000

Antigone's Law

Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness

Thu, 5 May 2005 00:00:00 +0000

Voice, Control, and Belonging: The Double-Edged Sword of Procedural Fairness

We Insist! Freedom Now: Does Contract Doctrine Have Anything Constitutional to Say?

Mon, 18 Apr 2005 00:00:00 +0000

We Insist! Freedom Now: Does Contract Doctrine Have Anything Constitutional to Say?

Reconsideration of Japan’s Revised Juvenile Act, and Considerations Regarding Juvenile Justice Reform

Thu, 6 Jan 2005 00:00:00 +0000

Reconsideration of Japan’s Revised Juvenile Act, and Considerations Regarding Juvenile Justice Reform

L'Incomplete Reforme par le Droit (Incomplete Reform Through Law)

Thu, 14 Oct 2004 00:00:00 +0000

L'Incomplete Reforme par le Droit (Incomplete Reform Through Law)

Race on the 2010 Census: Hispanics & the Shrinking White Majority

Wed, 6 Oct 2004 00:00:00 +0000

Race on the 2010 Census: Hispanics & the Shrinking White Majority

Choice, Circumstance, and the Value of Equality

Mon, 4 Oct 2004 00:00:00 +0000

Choice, Circumstance, and the Value of Equality

What Does It Mean to Decriminalize Marijuana? A Cross-National Empirical Examination

Fri, 10 Sep 2004 00:00:00 +0000

What Does It Mean to Decriminalize Marijuana? A Cross-National Empirical Examination

Legislation in a Common Law Context

Wed, 25 Aug 2004 00:00:00 +0000

Legislation in a Common Law Context

General Deterrence and Corporate Environmental Behavior

Wed, 25 Aug 2004 00:00:00 +0000

General Deterrence and Corporate Environmental Behavior

Motivating Management: Corporate Compliance in Environmental Protection

Wed, 25 Aug 2004 00:00:00 +0000

Motivating Management: Corporate Compliance in Environmental Protection

Reconstituting Paradise Lost: the temporal dimension of postcommunist constitution-making

Tue, 3 Aug 2004 00:00:00 +0000

Reconstituting Paradise Lost: the temporal dimension of postcommunist constitution-making

Wechsler’s Century and Ours: Reforming Criminal Law In a Time of Shifting Rationalities of Government

Mon, 19 Jul 2004 00:00:00 +0000

Wechsler’s Century and Ours: Reforming Criminal Law In a Time of Shifting Rationalities of Government

Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure

Mon, 19 Jul 2004 00:00:00 +0000

Mercy By The Numbers: An Empirical Analysis of Clemency and Its Structure

Rethinking Regulatory Democracy

Mon, 19 Jul 2004 00:00:00 +0000

This Article presents a critique of democratic participation in the modern administrative state, and provides an affirmative proposal for reforming public participation in shaping regulatory policy. According to several different strands of thinking about law and democracy, the legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach is legitimated by “administrative pluralism,” a way of thinking that emphasizes the value of...

Authorizing the Production of Urban Moral Order: Appellate Courts and Their Knowledge Games

Mon, 19 Jul 2004 00:00:00 +0000

Using as data some appellate courts’reviews of projects to maintain moral order in the city, this article shows that an analysis of legal knowledge production that is (a) dynamic and that (b) refuses to treat people and texts as totally different entities, one studied by social scientists and the other studied by lawyers, can tell us much about such familiar but seldom theorized legal manouvres as judicial review and constitutional challenges. Standing back somewhat from the content of the various claims (about urban vices, in our case studies), I focus instead on the dynamics of knowledge – the ways in which knowledge claims circulate and get transformed as they proceed through various legal, and para-legal, stages. Choosing to analyze the dynamics rather than the content of knowledge is inspired by Actor Network Theory, and Bruno Latour’s work in particular: but it also reflects the fact that judicial review also privileges process and form and tends to avoid making judgements...

Performance-Based Regulation: Prospects and Limitations in Health, Safety, and Environmental Regulation

Mon, 19 Jul 2004 00:00:00 +0000

Regulation is designed to improve the performance of individual andorganizational behavior in ways that reduce social harms, whether by improving industry’s environmental performance, increasing the safety of transportation systems, or reducing workplace risk. Regulators can direct those they govern to improve their performance in at least two basic ways. They can prescribe exactly what actions regulated entities must take to improve their performance. Or they can incorporate the regulation’s goal into the language of the rule, specifying the desired level of performance and allowing the targets of regulation to decide how to achieve that level. This second approach is the subject of this article, which summarizes the discussion at a workshop organized last year by the Regulatory Policy Program at Harvard University. The workshop brought together decisionmakers from a dozen different government agencies as well as leading researchers from the fields of economics, engineering,...

Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines

Wed, 26 May 2004 00:00:00 +0000

Fudging Failure: The Economic Analysis Used to Construct Child Support Guidelines

The Contract as Social Artifact