Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency. As we reveal, a critical component of this evolution was a transformation in Congress’s perception of asylum seekers. While lawmakers initially decried their detention, they later branded them as dangerous. Lawmakers began describing asylum seekers as criminals or agents of infectious diseases in order to justify their detention, which then cleared the way for the mass detention of arriving migrants more broadly. Our analysis suggests that they may have emphasized the dangerousness of asylum seekers to resolve the dissonance between their theoretical commitments to asylum and their hesitance to welcome newcomers. In addition to this distinctive form of cognitive dissonance, we discuss a number of other implications of our research, including the ways in which the new penology framework figured into the changing discourse about detaining asylum seekers.

Nominations to the US Supreme Court have become increasingly important and contentious in America politics in recent decades. Reasons include the growing significance of constitutional law to the prospects of political power, accompanied by historical developments in the relative power of the competing party coalitions that have placed even more focus on the composition of the Court. Meanwhile, partisan conflict and stalemate have grown in the party systems and among We the People. In The Long Reach of the Sixties, Laura Kalman explores how the nomination struggles of Presidents Lyndon Johnson and Richard Nixon set the stage for the contemporary conflict besetting nominations and American politics more generally. Building on Kalman’s book, this review essay discusses the political and jurisprudential causes and implications of this conflict, with an eye toward what might lie ahead.

The 1876 British Cruelty to Animals Act introduced an unprecedented administrative system to supervise any experiment “calculated to give pain” to a living animal. The act, which was in force for a hundred years, established a tight system of control over animal experimentation, including a small, but vigorous, inspectorate. This article explores the relations between bureaucracy and the production of knowledge through the correspondences, memos, and notes taken by two principal inspectors under the act. The inspectors belonged to the worlds of both law and science. Coming from within the scientific profession, their close ties to medical social circles not only evoked critique but also helped them fulfill their tasks and gain access to research laboratories. Archival records examined here for the first time show that, although the inspectors downplayed animals’ pain in physiological laboratories, the inspectorate played an important role in shaping the experimental space and practice, thus facilitating the production of “ethical scientific facts.” The inspectors’ work modeled the new legal regime of animal experimentation regulation, making them indispensable agents in the act’s coproduction of knowledge and public order.

The Cambridge Handbook of US Labor Law for the Twenty-First Century decries federal labor law for forsaking American workers and undermining American unions. Its contributors seek a reformed labor law for the current century. In this review essay, I examine the handbook’s contention that federal labor law has failed. To assess the merits of the claim, we must test the foundations of its contributors’ assumptions—about the labor movement, about the place of the labor movement in the political economy of American capitalism envisaged by labor law, and, indeed, about law itself. To do so, I turn to earlier, critical research on the character of American labor laws, notably Joel Rogers’s seminal 1990 essay “Divide and Conquer,” and also to work of my own. To put it crudely, I ask how much labor law reform actually matters.

This article examines memory laws as a new form of social control, demonstrating the significance of cultural memory to law and society scholarship. It focuses on two Israeli laws that seek to control public debate by giving voice to one marginalized group in order to silence another. The article presents two forms of such utilization of the law: forced forgetting and the balancing of atrocities. Forced forgetting validates the memory of one group of people over another group. Balancing atrocities equates victims, pitting the suffering of one group against that of another for the purpose of dismissing the former’s claims for recognition and redress. The 2011 Nakba Law, an example of forced forgetting, dismisses the Palestinian minority’s experience to amplify the memory of the Jewish majority, while the 2014 Jewish Nakba Law creates an analogy between Palestinian redress claims and those of the Mizrahi Jews in order to balance the atrocities that these groups suffered. We show that both forms of control have limitations that create gaps between legislation and implementation, yet their political-symbolic impact is much greater.

Digitization and the release of public records on the Internet have expanded the reach and uses of criminal record data in the United States. This study analyzes the types and volume of personally identifiable data released on the Internet via two hundred public governmental websites for law enforcement, criminal courts, corrections, and criminal record repositories in each state. We find that public disclosures often include information valuable to the personal data economy, including the full name, birthdate, home address, and physical characteristics of arrestees, detainees, and defendants. Using administrative data, we also estimate the volume of data disclosed online. Our findings highlight the mass dissemination of pre-conviction data: every year, over ten million arrests, 4.5 million mug shots, and 14.7 million criminal court proceedings are digitally released at no cost. Post-conviction, approximately 6.5 million current and former prisoners and 12.5 million people with a felony conviction have a record on the Internet. While justified through public records laws, such broad disclosures reveal an imbalance between the “transparency” of data releases that facilitate monitoring of state action and those that facilitate monitoring individual people. The results show how the criminal legal system increasingly distributes Internet privacy violations and community surveillance as part of contemporary punishment.

The “in-house counsel movement” of the past few decades, with its far-reaching implications for the legal profession, the legal service market, and corporate governance, has attracted a great deal of academic attention. Few scholars, however, have examined the global expansion of emerging market companies and their in-house legal capacity. To narrow the gap, this article investigates the in-house legal capacity of Chinese firms in the United States. In doing so, it focuses on two important yet underexplored questions: (1) whether and how institutions in China influence the capacity building; and (2) whether the Chinese investors’ ownership structure makes a difference in that regard. By analyzing a unique set of survey data and 122 interviews with lawyers, in-house counsel, and business executives, this article uncovers evidence of both multi-institutional influence and state-ownership effects. The findings contribute to theoretical and policy debates about the legal profession, the legal service market, and the ramifications of expanding Chinese multinational companies.

Drawing on social-movement and sociolegal theorizing, we investigate legal-framing innovations in the briefs of reproductive-rights cause lawyers in prominent US Supreme Court abortion cases. Our results show that pro-choice activist attorneys engage in innovative women’s-rights framing when the political-legal context is more resistant to abortion rights for women, that is, when the political-legal opportunity structure is generally closed to reproductive-rights activism. We consider reproductive-rights framing in three types of pivotal abortion cases over the last half-century: challenges to limitations on public funding of abortion, challenges to regulations that include multiple restrictions on abortion access, and challenges to bans on second-trimester abortions. Our analysis proceeds both qualitatively and quantitatively, with close reading of the briefs to distill the main women’s-rights frames, a count analysis using text mining to examine use of the frames in the briefs, and assessment of the political-judicial context to discern its influence on cause-lawyer legal framing. We conclude by theorizing the importance of the broader political-legal context in understanding cause-lawyer legal-framing innovations.

The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theoretical frame for studying how international and domestic practices of criminal lawmaking interact with one another. This article builds from the theory of transnational legal orders and the recursivity of law to propose a transnational processual theoretical framework for the study of criminalization. This framework provides tools for investigating how criminal prohibitions are constituted through recursive interactions between actors operating in international, national, and local sites of legal practice. It draws on empirical studies to show how the processes of constructing, applying, and contesting definitions of international and transnational crimes are embedded in broader structures of power. The article demonstrates how a processual theory of transnational criminalization sheds light on important sociolegal questions about the driving forces and consequences of current efforts to harmonize the definitions of criminal activities across national jurisdictions.

The catastrophic failure of the prison system in the United States has prompted a shift in criminal punishment system rhetoric and policy toward reform. Numerous programs and initiatives facilitate reentry for the hundreds of thousands of individuals coming out of prison every year, but these and other reforms remain problematic. They do little to improve the social and material conditions of those attempting to reintegrate. By failing to question the social, historical, political, and economic conditions of criminal system problems, they reproduce the oppressive social conditions that they are intended to address. This article diagnoses several major issues with conventional reform efforts in rehabilitation and reentry scholarship and praxis and argues that what is needed is not further attempts to improve these reforms but, rather, an approach that considers these problems through an abolitionist lens. An abolitionist frame, I suggest, is particularly useful in articulating suggestions for change. I apply an abolitionist analysis to an examination of reentry, illustrating how abolitionism helps to diagnose problematic reentry reforms and how an abolitionist approach to reentry can address these issues in a more effective, profound, and enduring way.

In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The “Aboriginal Conference Settlement Suite” epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the circumstances of Indigenous peoples in Canada have not improved. This ongoing commitment to legal solutions is emblematic of mainstream views of law as a problem-solving instrument. Notwithstanding awareness of its failings, law reformers remain dedicated to using law as a tool for social change. Employing a case study method focusing on the new courthouse, I challenge a prevailing wisdom that law reform outputs are manageable and in our control. I argue that similar to a courthouse, which is a concrete, physical structure as well as a symbol of justice, so too is the legal instrument both material and metaphorical, with concrete outcomes and symbolic forms. While treating law as a literal tool may give law reformers a longed-for sense of mastery, this approach belies law’s diffuse constitutive power and the various paradoxes in reformers’ actions. Accepting law’s dual nature is essential for candid and accurate assessments about the possibilities and limits of change through law.

Trademark law protects distinctive signs of products against unauthorized uses. It is a legal tool to enhance market efficiency by conveying information about the origin of goods to consumers. Trademarks are also carriers of cultural information about the manufacturers, their products, and their message to the consumers. Thus, trademarks provide an unexpected reflection on society. This article explores the history of trademark law in Mandate Palestine, from the enactment of the first law to the end of the mandate (1922–48) in three cumulative avenues. First, a legal history analysis is provided, which seeks to understand why the British imposed trademark law at the time and manner they chose and how it was received by the local communities. Second, an empirical study of trademark data is given that reveals why the original trademark registry did not survive and how it was reconstructed for the current study. Trademark data offer an understudied and rich resource indicating economic changes and the reception of the law. Third, a semiotic analysis is provided that examines the trademarks themselves, focusing on local trademarks. Nationality is the common thread in these inquiries. The research reveals the differential reception of the British trademark law, with the Jewish population embracing it and the Arab-Palestinian population being much less receptive to it. The Jewish traders often used trademarks to convey national Zionist messages.

From the medical field to the housing market to the criminal justice system, poor people must navigate labyrinthian organizations that often perpetuate social and economic inequality. Arguably it is through these social institutions, and through multiple processes embedded within each of these institutions, that the governance of urban poverty is effectively maintained. This essay revolves around one such process, examining how Matthew Desmondʼs Evicted: Poverty and Profit in the American City (2016) points to the eviction process as an important producer of urban poverty in and of itself. After delving into housing law and Desmondʼs ethnographic and quantitative research methodologies, the essay examines four sites where the law is at work in eviction: the eviction court; the “law-on-the-books” versus the “law-in-action”; practices in the shadow of the law; and the relationship between the criminal justice system and the housing market. One goal of the essay is to place eviction within the law, punishment, and social inequality literatures.

This article examines the legal constructs governing the use of violent interrogation methods in Israel since 1987. It explores the shift from a sweeping suspension of the prohibition on torture to a fractured legal regime in which the different elements of interrogation—the perpetrator, the victim, the time of the interrogation, and the space in which it takes place—are effectively excluded from the prohibition on torture by means of separate legal constructs. I show how each of these constructs creates a narrow, seemingly proportional exception to ordinary law. Together, the four types of exception facilitate the sanctioning of state violence. I use this case to analyze the available configurations of the state of exception, distinguishing them from each other by what they exclude from ordinary law. By showing how the proliferation of legal constructs produces an entire ecosystem of different exceptions, I point to the inherent link between the suspension of the law and its proliferation: both create legal categories that rationalize and legitimize state violence.

Shari‘a (commonly translated as Islamic law) is at the epicenter of anti-Muslim discourses in the United States. How do Muslims in the United States understand and experience shari‘a in the context of virulent attacks on it and on Islam and Muslims more generally? This article explores the meanings Californian Muslims give to and the intentions they derive from shari‘a when dominant discourses represent shari‘a as a cause for concern in American life. Drawing from fieldwork and interviews with Muslims across California, as well as scholarship on legal consciousness and lived religion, we document three interrelated stages of shari‘a consciousness: perceiving shari‘a and discriminatory depictions of it; educating oneself about shari‘a’s social and political relevance; and forming an intention for social action. Documenting these interrelated stages and theorizing the relationship between legal consciousness, religion, and inequality, this article reveals how religious identity formation is a significant precursor of legal mobilization and how nonstate normative orders provide interpretive frames for understanding human rights and social justice. Ultimately, legal consciousness may stem from sacred sensibilities and the desire to be a more ethical servant of God and not merely to be a more ethical subject of the state.

There is widespread concern among scholars, court actors, and policy makers that the number of pro se litigants is increasing. However, we have little empirical evidence of the scope of pro se litigation, especially in the federal court system. Using data from the Administrative Office of the U.S. Courts on all civil case filings since 1999, we investigate the prevalence and rate of pro se litigation in federal district courts. We find no evidence of a dramatic rise in pro se litigation, but we document substantial variation in rates of pro se litigation by type of case and circuit of filing. The results have implications for our understanding of self-representation and for the development of policies addressing access to civil justice.

Work requirements backed by threats of incarceration offer a fertile but neglected site for sociolegal inquiry. These “carceral work mandates” confound familiar accounts of both the neoliberal state’s production of precarious work through deregulation and the penal state’s production of racialized exclusion from labor markets. In two illustrative contexts—child support enforcement and criminal legal debt—demands for work emerge as efforts to increase and then seize earnings from indigent debtors; an ability to pay is defined to include an ability to work. In a third, demands for work are imposed directly through probation, parole, and other community supervision. In each context, the carceral state regulates work outside of prison. It defines appropriate labor conditions through concepts of voluntary unemployment, and it enables employers to discipline or retaliate against workers by triggering state violence. Additionally, mandated work may be removed from employment law protections when the carceral context dominates its sociolegal meaning. Finally, the resulting vulnerable workforces can be used to displace or discipline other workers not personally subject to carceral work mandates. Analogies to welfare work requirements, workplace immigration enforcement, and prison labor illustrate these points. Implications are considered for theorizing contemporary racial political economy.

How do authoritarian states define and communicate notions of appropriate work conduct and professional excellence? This article examines three channels of communication used by the Chinese state to signal professional expectations to the bar: the bar exam, the administrative rules governing lawyers, and the state-sanctioned National Outstanding Lawyer Award. We find that China’s state narrative about “the good lawyer” celebrates lawyers willing to work closely with the authorities and asks more stringent critics to separate private beliefs from public behavior. In contrast to assumptions often made in research on authoritarian law, this article highlights how lawyers can participate in politics without opposing the regime and how much work goes into curating an appealing state strand of legal professionalism rather than relying on coercion alone. We end with a call for future work on “varieties of legal professionalism” to better understand which state signals are most visible and persuasive to different segments of the Chinese bar, as well as the conditions under which alternate ideas about professionalism gain traction.

Law exists solely in and through language. Nonetheless, systematical empirical analysis of legal language has been rare. Yet, the tides are turning: After judges at various courts (including the US Supreme Court) have championed a method of analysis called corpus linguistics, the Michigan Supreme Court held in June 2016 that this method “is consistent with how courts have understood statutory interpretation.” The court illustrated how corpus analysis can benefit legal casework, thus sanctifying twenty years of previous research into the matter. The present article synthesizes this research and introduces computer-assisted legal linguistics (CAL2) as a novel approach to legal studies. Computer-supported analysis of carefully preprocessed collections of legal texts lets lawyers analyze legal semantics, language, and sociosemiotics in different working contexts (judiciary, legislature, legal academia). The article introduces the interdisciplinary CAL2 research group (www.cal2.eu), its Corpus of German Law, and other related projects that make law more transparent.

Forty years ago, E. P. Thompson praised the English rule of law forged during the bloody and fractious eighteenth century, calling it not only “an unqualified human good,” but also a “cultural achievement of universal significance.” This article examines colonial rule-of-law development as another example of law and state building. Both have relevance for contemporary rule-of-law programming in the Global South where Thompson's “cultural achievement” has resisted fabrication by legal technicians. The problems faced today are not new, for colonial rulers also engaged with complex indigenous norms and forms and sought to balance universal principles with political control imperatives. Contra arguments about colonial “lawfare,” colonial rule of law often frustrated authoritarian tendencies while developing new forms of legal subjectivity and avenues for redress of grievances. Using data from the Indian province of Punjab, the article illustrates how historical case studies might aid contemporary rule-of-law programming in the Global South.