Law and Society (Syllabus)

SOCIOLOGY 364: LAW AND SOCIETY FALL 2021 Instructor: Yalcin Ozkan (pronounced “Yal-chin”, but all versions are welcome) Email: yozkan@reed.edu Meeting Time: Tuesday/Thursday, 3:15 – 4:35 PM Meeting Place: Eliot, 416 Office: Eliot 110A / https://reed-edu.zoom.us/j/98126583813 Office Hours: Tuesday, 4:45-6:15 PM & by appointment * For office hours, please make an appointment via the link above (see Office Hours). This practice aims at preventing scheduling conflict. If you need more than 15 minutes, feel free to choose two slots. OVERVIEW This course is designed as an introduction to law and society scholarship. Drawing on interdisciplinary debates over law in everyday life, law and social inequality, and the politics of law, we will focus on the law’s social, cultural, and political dimensions. Most notably, this course is organized around three major themes. The first topic concerns the theories and methods scholars deploy to account for the affinities between law and social life. We will consider how legal pronouncements and institutions shape and are shaped by our social norms, values, and relationships through the concepts of, among others, “law as culture,” “legality,” “legal consciousness,” and “legal pluralism.” The second part deals with the gap between the law on the books and the law in action. We will discuss when and how the law reinforces class, gender, and race-based inequalities despite its ever-present promise of justice. The final section examines the law as constitutive of the status quo and social change by calling attention to politics within and through the law. Thus, we will put as much emphasis on the law’s ideological underpinnings as we will do on how people resort to the law to envision and demand systemic change. LEARNING OUTCOMES After the successful completion of this class, you will: • Gain a comprehensive understanding of the key debates (e.g., the instrumental vs. constitutive perspectives of law), concepts (e.g., legal consciousness, legal violence), and methodologies (e.g., causal and interpretative explanations) in the field of law and society. • Acquire analytical reading and writing skills to evaluate, bridge, critique, and expand on the foundational and state-of-the-art studies in the field. • Develop the knowledge and skills necessary to design a research project (e.g., a grasp of what constitutes a research question, an ability to describe data and methodological choices, a capacity to identify and address a gap in the literature). READINGS 1 Required readings are listed below (see Course Schedule) and available both on the library’s electronic reserve and Moodle. The only book that I recommend you obtain your own copy is the following and can be purchased at the Reed bookstore. McCann, Michael W. 1994. Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization. Chicago, IL: University of Chicago. EXPECTATIONS, REQUIREMENTS, POLICIES 1. Preparation and Reading: This class is a reading-intensive conference. A careful and close engagement with the assigned texts is a necessary condition for your success. • • • Your weekly reading load will be around 120 pages (in some weeks more and some others less). You do not need to memorize every single detail within those texts. Instead, you are expected to focus on, grasp, and make use of central concepts and arguments. o As this course requires you to create a research proposal, please pay specific attention to how authors introduce their research questions, rationalize their methodological choices, and review the literature to advance their arguments. This extra-focus will pay off when you work on your proposal. Please carefully read the required texts before each class and bring your questions and thoughts to the classroom. o As detailed below, you will be responsible for sharing a weekly discussion post. Thus, I encourage you to take notes within which to reconstruct authors’ assumptions, findings, and arguments with your words while reading. This activity will help you better understand the texts and create your discussion posts. 2. Attendance and Participation: Your attendance and participation are crucial for your individual performance and the entire class. Be aware that this course will rely upon our collaborative work. While I will briefly introduce broader theoretical contexts behind readings, my primary role will be to raise questions and moderate discussions. And our collective task will be to clarify and expand on strengths (e.g., conceptual contributions, methodological innovations, strong argumentative logic, etc.) and weaknesses (e.g., weak argumentation or assumptions, crucial missing debates, etc.) in those texts. Let’s do it together. • • Your attendance is required and I will count absences. Your unexcused absence should not happen more than once during the semester. With the second unexcused miss, you will lose two points per each missed class from your overall grade. After the third miss, you might receive a failing grade. Thus, I encourage you to let me know about your absence promptly if and when it is necessary. 3. Classroom Etiquette: This course intends to cultivate a collectivity in which each member explores new ideas and expresses their views. Mutual respect and civility are crucial for achieving 2 this objective. They are also requirements of the Reed Honor Principle. Please be respectful to your colleagues during discussions, avoid using offensive and disruptive tones and gestures. Please also think about how you can become a resource for every other. In some cases, this consideration might lead you to wait for those who have not spoken or express yourself in ways that invite others to join the debate – for instance, by turning your statement into a brief, thought-provoking question. In some others, you might defend a position that disagrees with or complicates what has been assumed or said earlier. We should indeed challenge and expand each others’ assumptions and intellectual horizons. But, again, this goal can be achieved only by treating one another civilly. • • Since it is destructive both for your colleagues and me, I will not accept phone use in the classroom. And I am serious about this policy! You will use your computers only for learning purposes (notetaking, interactive writing, etc.). Please do not check e-mails or social media during class time. 4. COVID 19 Prevention & Response: It is our shared responsibility to help prevent the spread of the coronavirus and look after one another during the times of COVID 19. I cannot stress this enough. Please comply with the safety measures outlined by Reed and by public health authorities. • • As per the existing Oregon Health Authority’s mandate, all class members must wear face masks in the classroom until further notice. The following recommendations should guide your decision about coming to class. o You should not attend class if you have tested positive for COVID-19 in the last 10 days, or if you have received notification or advice from the college or a health professional (including HCC staff) to quarantine or self-isolate. § If you are ill, self-isolating, or quarantined due to possible coronavirus exposure, your in-person attendance is not required. But, you’re responsible for emailing me as early as possible. § If you miss a series of classes due to self-isolation, we will work together to find the best ways to help you catch up on the content and assignments you missed. o Self-isolation is the recommended course of action for anyone experiencing flu-like symptoms, whether due to possible coronavirus or to other illnesses. Please stay at home if you feel sick, and contact the Health and Counseling Center (HCC) or your healthcare provider to discuss. This is especially important if you think you may have an infectious disease. o The CDC suggests that people with the following symptoms may have COVID: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea. As always, please consult a medical professional (members of the HCC or otherwise) if you have any questions about your health or health safety. 3 § If you suspect or know you have been exposed to a case of COVID-19, contact the HCC right away to discuss your next steps. For more information, visit the CDC’s webpage on isolation and quarantine. Above and beyond these requirements we must meet to protect each others’ health and safety, we should be aware that this is a challenging time. We might find ourselves struggling with the effects of living in a pandemic and focusing on academic life. Please don’t hesitate to communicate your challenges to your colleagues and me. We might not find easy solutions. But we can at least face those difficulties together, identify strategies and resources that might help us navigate through the strains of COVID-19. 5. Communication: Feel free to communicate with me any questions or concerns (course-related issues, academic life, and personal problems) that arise. If I need to contact you for any reason, I will use your Reed email address. Please make sure you check your mailbox regularly. • If you have any questions, in addition to using office hours or arranging appointments, you can also contact me through my email address. But please first check the syllabus and the course Moodle for your answer. 6. Academic Honesty: Academic honesty is an essential condition of scholarly production. Any act and form of academic dishonesty (including plagiarism, fabrication, and cheating) will result in a failing grade and will be reported to the Dean of Students. • • If you are uncertain about what plagiarism means and includes, please consult with me and examine Reed’s Doyle Online Writing Lab’s instructions: https://www.reed.edu/writing/citation_and_style_guide.html#Plagiarism For the American Sociological Association’s guideline for proper citation, see: https://www.asanet.org/sites/default/files/savvy/documents/teaching/pdfs/Quick_Ti ps_for_ASA_Style.pdf 7. Barrier-Free Campus: Reed College is committed to providing all members of the campus with equal opportunities in accessing all facilities of the college and providing the necessary accommodations for the needs of students with disabilities. • For any needed accommodation, see Reed’s Disability and Accessibility Services and document your accommodation letter within the first week of the semester. Thus, we can make necessary arrangements promptly. For more information about the disability services, see: https://www.reed.edu/disabilityresources/incoming_academic_accommodations.html 8. Academic Support: I encourage you to reach out to the Academic Support if you need extra help with study habits, note-taking, or time and stress management strategies that are essential to success in this course and college life. You may also want to take advantage of the free hour of tutoring available upon request. 4 • Contact David Gruber, Assistant Dean of Students for Academic Support (503.517.7722, gruberd@reed.edu. For more information, see: https://www.reed.edu/academic_support?/ The Writing Center offers free appointments and experienced peer tutors who are there to help you at any stage of the writing process. I strongly encourage even experienced writers to take advantage of these services. For more information, start here: http://www.reed.edu/writing/. ASSIGNMENTS 1. Class Participation and Discussion Posts (30% of your final grade): • • I mean it: Let’s do it together! I expect all of you to participate actively in each class and take part in and enrich our discussion. o Pointing out unclear issues and matters of confusion about readings is as valuable as sharing well-articulated comments to construct a productive intellectual engagement. Don’t be afraid to voice your questions, points of uncertainty, and opinions. o If you have difficulty articulating yourself in front of people, please do not hesitate to contact me. We can brainstorm ideas and find strategies to overcome those barriers together. You will also submit at least one discussion post per week. o A discussion post should be a paragraph or two (around 150 words in total), offering a question for our in-class discussion. o There is a forum section assigned to each week in the course’s Moodle. You will be responsible for uploading your entry to the designated page at least 5 hours before we meet. Most particularly, your entries are due at 10.15 am on Tuesdays or 10.15 am on Thursdays. o Though the ultimate task is to provide a thought-provoking discussion question, your entry should also give a brief explanation of why you’re offering it. Thus, an ideal post would clarify which particular aspect of an assigned text (or texts) has led you to formulate that question. Suppose your post arises from and attempts to dig into what research agendas Austin and Kearn’s “the constitutive perspective of law” opens up for the research on law and society. In this case, your entry should briefly explain the concept in such a way that contextualizes your question or underlines its significance. o I will consider your discussion posts to be a part of your class participation. Therefore, I will keep track of and evaluate them. If your first two entries do not meet the criteria above, I will send you an individual email explaining what has been missing. After this email, I expect you to improve your future posts’ quality for the rest of the semester. If you have not received any such email, you should keep doing what you have done. o We may not utilize everyone’s questions in any given class, but I will prioritize constructing or revising our discussion topics drawing on your inputs. o You will also be expected to read your peers’ posts before you come to class. In this way, you will have an understanding of what others have to say on the subject matter and prepare yourself for the discussion. 5 o As I will finalize the class content based on your entries and expect you to read your colleagues’ posts before you come to class, no late submissions will be considered. 2. Reflection Essay (15%*2 = 30% of your final grade): • • • • You will write two reflection essays on different course units. On the last day of each unit, I will provide you with at least two questions, which ask you to bring different readings into a dialogue to generate an argument. You will choose and answer one of them in an essay format. You will be responsible for writing your first essay on Unit 1 and free to choose which units you will focus on in your second essay. That said, the second paper can be concerned either with Unit 2 or Unit 3. Each essay will have a specific due date, which you can find below. Reflection Essay for Unit I – The Everyday of Law, by 1 pm on Tuesday, October 12. Reflection Essay for Unit 2 – Law and Social Inequality, by 1 pm on Tuesday, November 9. Reflection Essay for Unit 3 – The Politics of Law, by 1 pm on Tuesday, December 7. • • Your essays should be around 1750 words (+/- 150 words), excluding the reference list. I will evaluate it as a weakness in writing if your paper does not comply with this word limit. Additional information will be provided along with the questions. 3. Research Proposal (40% of your final grade): As the primary assignment of this class, you will write a research proposal about a topic that concerns law and society scholarship. • Your proposal cannot be longer than ten double-spaced pages (one-inch margins all around, 12-point fonts), excluding references. • In the text, you are expected to provide a clearly defined research question, specify how your project is informed by and contributes to the literature, and explain which data and methods you are planning to use and why. • Your proposal should convey that you have acquired sufficient knowledge about your research topic that is necessary to formulate your project and its objectives. To achieve this, you might consider carrying out a brief preliminary study. As I detail below, this assignment comprises multiple rounds of submissions. The main idea is to guide you through the process. In turn, I want to see that you will advance your project between the first and final submissions. • I encourage you to go over the whole course schedule, see which topics interest you most, start thinking ahead about your research project. o I expect you to formulate your preliminary research idea in the form of an abstract in the first half of the class, as detailed below. However, the fact that we first cover “Law and Everyday Life” should not be the sole reason why you end up proposing a project concerning this broad theme. Say you are interested in studying a social movement or community organization deploying rights language and courts (or actively avoiding legal pronouncements and institutions). Then, it’s worth skimming 6 abstracts or book covers listed for Unit 3 sooner rather than later to start developing your project and its conceptual underpinning. Throughout the process of developing your proposal, you might also want to see the readings below. They are indeed helpful. Also, I’ll provide separate documents instructing you about how to advance a research proposal based on these resources. Luker, Kristin. 2009. “What is This a Case of, Anyway?” Pp. 51-75 in Salsa Dancing into the Social Sciences. Cambridge, MA: Harvard University Press. • This chapter might help you grasp what makes a good research question. o For the task of annotated bibliography [see below], Chapter 5 (“Reviewing the Literature”) might be helpful as well. o If you can find the time, I encourage you to read the whole book. Hancké, Bob. 2009. “Research in the Social Sciences” Pp. 10-34 in Intelligent research design: a guide for beginning researchers in the social sciences. Oxford, UK: Oxford University Press. Pzreworski, Adam and Frank Salomon. [1995] 1998. “On the Art of Writing Proposals” Social Science Research Council. Retrieved June 20, 2020 (https://s3.amazonaws.com/ssrccdn1/crmuploads/new_publication_3/the-art-of-writing-proposals.pdf) * The following is not about designing a research project, but about writing. If you are struggling with or want to think about how (and why) to write concisely, here is my favorite: Thomas, Francis-Noël, and Mark Turner. 2011. Clear and Simple as the Truth: Writing Classic Prose. Princeton, NJ: Princeton University Press. Abstract This exercise is an opportunity for you to think through and formulate the basic premises of your project. What is your research question? How do you plan to study it? With what data and methods? What scholarly debates does your project speak to? What conceptual or methodological promises does it make? • Be speculative. You will have time to revise your assumptions and plans in any case. • Also, be concise. The word limit is 300. But shorter is better. If you are not sure about what a good abstract should look like, see: Belcher, Wendy Laura. 2009. “Ingredients of a Good Abstract” Pp. 55-58 in Writing Your Journal Article in Twelve Weeks: A Guide to Academic Publishing Success. Thousand Oaks, CA: Sage. Please submit your abstract by 9 am on Thursday, October 7 and prepare to make a brief presentation of it on the same day during our meeting. Annotated Bibliography – Preliminary Literature Review Annotated bibliography typically refers to writing a few sentences for each reading. The task here is more complicated than this convention. Identify between five to seven texts that are relevant to your 7 project. Group and review them in such a way that allows you to provide a synthesis, a kind that identifies the key arguments and missing points in the literature (i.e., the existing answers on the question you’re raising). • Take this practice as an opportunity for establishing your project’s conceptual significance. • Two or three double-spaced pages should be enough. Please submit your bibliography by 5 pm on Friday, November 12. First Draft and Peer Feedback First drafts, no matter how poor they might be, are essential to achieve argumentative coherence and clarity in final products. With this in mind, I ask you to complete a full (but rough) draft ahead of the final deadline. • Please note that this round of submission is not optional. As detailed below, one of our meetings is designed as a workshop on your first drafts. Therefore, I kindly ask that you take this deadline seriously as it is necessary to make the workshop operate as planned and obtain the most out of it. You will also provide comments on your writing peer's paper while receiving their feedback. • • For the first part of this task, don’t be a perfectionist. Do not spend time on polishing. Again, the aim is to create a rough draft to make the final product better. Keep this in mind when you comment on your peer’s paper as well: Be generous and constructive in your feedback. As a reviewer, your main task is to help your colleague see what works and what does not work in their writing, what revisions and additions might be necessary for coherence and clarity. Please email your first draft to your peer and me by 3.15 pm Wednesday, December 1. You will then have a day to read and give written comments on your peer’s paper. On December 2, you and your peer will workshop on your papers. Final Paper Please submit your final written work by 5pm Wednesday, December 15. And do not forget to celebrate your accomplishment. Designing a research project is a difficult task and deserves to be praised. Grading and Late Paper Policy: • • I will grade and provide feedback within a week of submission date. o The only exception to the feedback policy is your first draft of research proposal. Though I have access to and read your and your peer’s reviews, it is going to be your writing partner’s duty to give comments on your paper. Late submission will depend upon advance notice, discussion and faculty approval. Suppose that you end up submitting a late work without a valid excuse. In the interest of fairness, I will 8 consider this as weakness in writing and take off 4 points from your grade for each day your paper is late. COURSE SCHEDULE INTRODUCTION TO LAW AND SOCIETY RESEARCH August 31 – Introduction to the Class and Each Other Calavita, Kitty. 2010. “Introduction.” Pp. 1-9. In Invitation to Law & Society. Chicago, IL: University of Chicago Press. September 2 – Key Themes and Concepts I Sarat, Austin and Thomas R. Kearns. 1993. “Beyond the Great Divide.” Pp. 21–61. In Law in Everyday Life, edited by A. Sarat and T. Kearns. Ann Arbor: University of Michigan Press. Saguy, Abigail C. and Forrest Stuart. 2008. “Culture and Law: Beyond a Paradigm of Cause and Effect.” The ANNALS of the American Academy of Political and Social Science 619(1):149–164. Further Reading*: Macaulay, Stewart. 1984. “Law and the Behavioral Sciences: Is There any There There?” Law & Policy 6(2):149–187. Moore, Sally Falk. 1973. “Law and Social Change: The Semi-autonomous Social Field as an Appropriate Subject of Study.” Law & Society Review 7: 719-746. Stryker, Robin. 2007. “Half Empty, Half Full, or Neither: Law, Inequality, and Social Change in Capitalist Democracies.” Annual Review of Law and Social Science 3(1):69–97. September 7 – Key Themes and Concepts II Marshall, Anna-Maria and Scott Barclay. 2003. “Symposium Introduction: In Their Own Words: How Ordinary People Construct the Legal World.” Law & Social Inquiry 28(3):617–28. Merry, Sally E. 1988. “Legal Pluralism.” Law & Society Review 22(5):869–896. Further Reading: Silbey, Susan S. 2005. “After Legal Consciousness.” Annual Review of Law and Social Science 1:323–368. Liu, Sida. 2015. “Law’s Social Forms: A Powerless Approach to the Sociology of Law.” Law & Social Inquiry 40(1): 1–28 UNIT I. THE EVERYDAY OF LAW * This list is for those who want to explore more about the topic. It is not a requirement. 9 September 9 – The Social Construction of Law DeLand, Michael. 2013. “Basketball in the Key of Law: The Significance of Disputing in Pick-Up Basketball.” Law & Society Review 47(3):653–85. Silbey, Susan S. 2011. “J. Locke, op. cit.: Invocations of Law on Snowy Streets.” Journal of Comparative Law 5(2): 66-91. Further Reading: Ewick, Patricia and Susan S. Silbey. 1998. The Common Place of Law: Stories from Everyday Life. Chicago, IL: University of Chicago Press. Merry, Sally Engle. 1990. Getting Justice and Getting Even: Legal Consciousness among Working-class Americans. Chicago, IL: University of Chicago Press. September 14 – Law and Legitimacy Young, Kathryne M. 2014. “Everyone Knows the Game: Legal Consciousness in the Hawaiian Cockfight.” Law & Society Review 48(3):499–530. Hull, Kathleen E. 2003. ‘‘The Cultural Power of Law and the Cultural Enactment of Legality: The Case of Same-Sex Marriage.’’ Law & Social Inquiry 28(3):629–657. Further Reading: Lind E. Allan and Tom R. Tyler. 1988. The Social Psychology of Procedural Justice. New York, NY: Springer Science. Wilson, Joshua C. 2011. “Sustaining the State: Legal Consciousness and the Construction of Legality in Competing Abortion Activists’ Narratives.” Law & Social Inquiry 36(2): 455–483. Kostiner, Idit. 2003. “Evaluating Legality: Toward a Cultural Approach to the Study of Law and Social Change. Law and Society Review 37 (2): 323–68. September 16 – The Non-emergence, Emergence, and Transformation of Disputes Felstiner, William, Richard Abel, and Austin Sarat. 1981. “The Emergence and Transformation of Disputes: Naming, Blaming, and Claiming…” Law & Society Review 15: 631–654 Bumiller, Kristin. 1987. “Victims in the Shadow of the Law: A Critique of the Model of Legal Protection.” Signs: Journal of Women in Culture and Society 12(3): 421-439. September 21 – Rights Engel, David M. & Frank W. Munger. 1996. “Rights, Remembrance, and the Reconciliation of Difference.” Law & Society Review 30(1): 7–54. 10 Choo, Hae Yeon. 2013. “The Cost of Rights: Migrant Women, Feminist Advocacy, and Gendered Morality in South Korea.” Gender & Society 27(4): 445–468. Further Reading: Hull Kathleen E. 2001. “The Political Limits of the Rights Frame: The Case of Same Sex Marriage in Hawaii.” Sociological Perspective 44(2):207–32 Massoud, Mark Fathi. 2011. “Do Victims of War need International Law? Human Rights Education Programs in Authoritarian Sudan.” Law & Society Review 45(1): 1-32. Osanloo, Arzoo. 2006. “Islamico-civil Rights Talk: Women, Subjectivity, and Law in Iranian Family Court.” American Ethnologist 33(2):191-209. Merry, Sally Engle. 2006. “Transnational human rights and local activism: Mapping the middle.” American Anthropologist 108(1): 38-51. Merry, Sally Engle. 2014. “Inequality and Rights: Commentary on Michael McCann's the Unbearable Lightness of Rights.” Law & Society Review 48(2):285–296. September 23 – Lawyers and Clients Sarat, Austin, and William L. F. Felstiner. 1986. “Law and Strategy in the Divorce Lawyer’s Office.” Law & Society Review 20(1):93–134. Shdaimah, Corey S. 2009. “Collaboration.” Pp. 99-129 in Negotiating Justice: Progressive Lawyering, Lowincome Clients, and the Quest for Social Change. New York, NY: NYU Press. Further Reading: Blumberg, Abraham S. 1967. “The Practice of Law as Confidence Game-Organizational Cooptation of a Profession." Law & Society Review. 1(2): 15-40. Heinz, John P., and Edward O. Laumann. 1982. Chicago Lawyers: The Social Structure of the Bar. New York, NY: Russell Sage Foundation. Luban, David. 1988. Lawyers and Justice: An Ethical Study. Princeton, NJ: Princeton University Press. Ryo, Emily. 2018. “Representing Immigrants: The Role of Lawyers in Immigration Bond Hearings.” Law & Society Review 52(2):503-531. September 28 – Before the Court Conley, John M. and William M. O’Barr. 1998. “The Politics of Law and the Science of Talk” and “Speaking of Patriarchy” Pp. 1-13 and 60-74. Just Words: Law, Language and Power. Chicago, IL: Chicago University Press. 11 Van Cleve, Nicole Gonzalez. 2016. “Introduction” and “Of Monsters and Mopes: Racial and Criminal ‘Immorality’” Pp. 1-15 and 51-93 in Crook County: Racism and Injustice in America's Largest Criminal Court. Stanford, CA: Stanford University Press, 2016. Further Reading: Merry, Sally Engle. 1990. Getting Justice and Getting Even: Legal Consciousness among Working-class Americans. Chicago, IL: University of Chicago Press. Yngvesson, Barbara. 1988. “Making law at the doorway: the clerk, the court, and the construction of community in a New England town.” Law and Society Review: 409-448. September 30 – Police and Citizens Stuart, Forrest. 2016. “Becoming ‘Copwise’: Policing, Culture, and the Collateral Consequences of Street-level Criminalization.” Law & Society Review 50(2):279-313. Goffman, Alice. 2009. “On the Run: Wanted Men in a Philadelphia Ghetto.” American Sociological Review 74(3):339-357. Rios, Victor. 2015. “On the Run: Fugitive Life in an American City by Alice Goffman.” American Journal of Sociology 121(1): 306-308. Betts, Dwayne. 2014. “The Stoop Isn’t the Jungle.” Slate. Retrieved June 20, 2020. (www.slate.com/articles/news_and_politics/jurisprudence/2014/07/alice_goffman _s_on_the_run_she_is_wrong_about_black_urban_life.html) Sharpe, Christina. 2014. “Black Life, Annotated.” The New Inquiry. Retrieved June 20, 2020. (https://thenewinquiry.com/black-life-annotated/) Further Reading: Akarsu, Hayal. 2020. “Citizen forces: The politics of community policing in Turkey.” American Ethnologist 47(1): 27-42. Holly Campeau, Ron Levi, and Todd Foglesong. 2020. “Policing, Recognition, and the Bind of Legal Cynicism.” Social Problems, Retrieved June 20, 2020. (https://doi.org/10.1093/socpro/spaa017) Rios, Victor M. 2011. Punished: Policing the Lives of Black and Latino Boys. New York, NY: NYU Press. October 5 – Prison Haney, Lynne Allison. 2010. “Introduction.” “The Empowerment Myth.” “The Enemies Within.” Pp. 1-28; 150-176; 178-206 in Offending Women: Power, Punishment, and the Regulation of Desire. Berkeley, CA: University of California Press. Further Reading: 12 Haney, Lynne. 2018. “Incarcerated Fatherhood: The Entanglements of Child Support Debt and Mass Imprisonment.” American Journal of Sociology 124(1):1-48. Stuart, Forrest, and Reuben Jonathan Miller. 2017. “The Prisonized Old Dead: Intergenerational Socialization and the Fusion of Ghetto and Prison Culture.” Journal of Contemporary Ethnography 46(6): 673-698. Valerie, Jenness and Kitty Calavita. 2019. “‘It Depends on the Outcome’: Prisoners, Grievances, and Perceptions of Justice” Law and Society Review 52(1):41-72. 2018. UNIT II. LAW AND SOCIAL INEQUALITY October 7 – Workshop on Abstracts October 12 – Access to Justice and The Limits of Litigation Sandefur, Rebecca L. 2007. “The Importance of Doing Nothing: Everyday Problems and Responses of Inaction.” Pp.112-132 in Transforming Lives: Law and Social Process, eds. Pascoe Pleasence, Alexy Buck and Nigel Balmer. Galanter, Marc. 1974. “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.” Law & Society Review 9(1):95-160. October 14 – Law and Workplace Inequality Albiston, Catherine. 1999. “The Rule of Law and the Litigation Process: The Paradox of Losing by Winning.” Law & Society Review 33: 869-910. Nielsen, Laura Beth, Robert L. Nelson, and Ryon Lancaster. 2010. “Individual Justice or Collective Legal Mobilization? Employment Discrimination Litigation in the Post-civil Rights United States.” Journal of Empirical Legal Studies 7(2): 175-201. Further Reading: Berrey, Ellen, Robert L. Nelson, and Laura Beth Nielsen. 2017. Rights on trial: How workplace discrimination law perpetuates inequality. Chicago, IL: University of Chicago Press. Hirsh, Elizabeth and Youngjoo Cha. 2018. “For Law and Markets: Employment Discrimination Lawsuits, Market Performance, and Managerial Diversity.” American Journal of Sociology 123(4): 1117-1160. October 17 - 24 – Fall Recess October 26 – Legal Endogeneity 13 Edelman, Lauren B., Linda H. Krieger, Scott R. Eliason, Catherine R. Albiston, and Virginia Mellema. 2011. “When Organizations Rule: Judicial Deference to Institutionalized Employment Structures.” American Journal of Sociology 117(3): 888-954. Berrey, E., 2015. “Diversity is a Strength of Starr Corporation.” Pp. 195-218 in The Enigma of Diversity: The Language of Race and the Limits of Racial Justice. Chicago, IL: University of Chicago Press. Further Reading: Edelman, Lauren B., Christopher Uggen, and Howard S. Erlanger. 1999. “The endogeneity of legal regulation: Grievance procedures as rational myth.” American Journal of Sociology 105(2): 40654. October 28 – Immigration Law Menjívar, Cecilia, and Leisy J. Abrego. 2012. “Legal Violence: Immigration Law and the Lives of Central American Immigrants.” American Journal of Sociology 117(5):1380–1421. Vuolajärvi, Niina. 2019. “Governing in the Name of Caring—the Nordic Model of Prostitution and Its Punitive Consequences for Migrants Who Sell Sex.” Sexuality Research and Social Policy 16(2):151–65. Further Reading: García, Angela S. 2019. Legal Passing: Navigating Undocumented Life and Local Immigration Law. Berkeley, CA: University of California Press. Gleeson, Shannon. 2010. “Labor Rights for All? The Role of Undocumented Immigrant Status for Worker Claims Making.” Law & Social Inquiry 35(3):561-602. November 2 – Criminal Injustice I Western, Bruce. 2006. “Inequality, Crime, and the Prison Boom.” Pp. 34-51 in Punishment and inequality in America. New York, NY: Russell Sage Foundation. Wacquant, Loïc. 2009. “The Criminalization of Poverty in the Post-Civil Rights Era.” Pp. 41-76 Punishing the Poor: The neoliberal government of social insecurity. Durham, NC: Duke University Press. November 4 – Criminal Injustice II Western, Bruce. 2006. “Invisible Inequality.” Pp. 85-107 in Punishment and Inequality in America. New York, NY: Russell Sage Foundation. Comfort, Megan. 2007. “Punishment beyond the Legal Offender.” Annual Review of Law and Social Science 3:271–96. 14 Further Reading: Behrens, Angela, Christopher Uggen, and Jeff Manza. 2003. “Ballot Manipulation and the ‘Menace of Negro Domination’: Racial Threat and Felon Disenfranchisement in the United States, 1850-2002.” American Journal of Sociology 109(3):559-605. Comfort, Megan. 2009. Doing Time Together: Love and Family in the Shadow of the Prison. Chicago, IL: University of Chicago Press. Wakefield, Sara, and Christopher Uggen. 2010. “Incarceration and Stratification.” Annual Review of Sociology 36:387–406. UNIT III. THE POLITICS OF LAW November 9 – Law as Ideology Scheingold, Stuart A. [1974] 2004. “Prologue.” “Law as Ideology: An Introduction to the Myth of Rights.” “An Ideologist’s Eye View of the Myth of Rights.” “The Call of the Law: The Myth of Rights as Political Rhetoric.” Pp. 1-10; 13-22; 23-38; 39-61 in The Politics of Rights: Lawyers, Public Policy, and Political Change. Ann Arbor, MI: University of Michigan Press. Klare, Karl E. 1977. “Judicial Deradicalization of the Wagner Act and the Origins of Modern Legal Consciousness, 1937-1941.” Minnesota Law Review 62: 265-339. Further Reading: Hay, Douglas. 1975. “Property, authority, and the criminal law.” Pp.17-63 in Albion’s Fatal Tree: Crime and Society in Eighteenth Century England. Edited by D. Hay, P. Linebaugh, and E.P. Thompson. New York, NY: Pantheon. Hunt, Alan. 1985. “The Ideology of Law: Advances and Problems in Recent Applications of the Concept of Ideology to the Analysis of Law.” Law & Society Review 19(1):11–38. Hunt, Alan. 1993. Explorations in Law and Society: Toward a Constitutive Theory of Law. New York, NY: Routledge Jain, Lochlann S. S. 2006. Injury: The Politics of Product Design and Safety Law in the United States. Princeton, NJ: Princeton University Press. Kairys, David. 1988. The Politics of Law: A Progressive Critique. New York, NY: Pantheon. Thompson, Edward Palmer. 1975. “The Rule of Law.” Pp. 258-269 In Whigs and Hunters: The Origin of the Black Act. New York, NY: Pantheon Books. November 11 – The Hollow Hope 15 Rosenberg, Gerald. N. 1991. “The Dynamic and the Constrained Court.” “Bound for Glory? Brown and the Civil Rights.” “Planting the Seeds of Progress.” Pp. 9-39; 42-71; 125-156 in The Hollow Hope: Can Courts Bring about Social Change?. Chicago, IL: University. Lobel, Orly. 2007. “The Paradox of Extralegal Activism: Critical Legal Consciousness and Transformative Politics.” Harvard Law Review 120:937-988. (Please read the first 20 pages. You can skim the rest.) Further Reading: Albiston, Catherine R. 2011. “The Dark Side of Litigation as a Social Movement Strategy.” Iowa Law Review Bulletin 96:61-77. Daum, Courtenay W., and Eric Ishiwata. 2010. “From the Myth of Formal Equality to the Politics of Social Justice: Race and the Legal Attack on Native Entitlements.” Law & Society Review 44(3): 843-876. Turk, Austin. 1976. “Law as a Weapon in Social Conflict.” Social Problems 23:278–291. November 16 – Resistance through Law George I. Lovell. “The Myth of the Myth of Rights” Studies in Law, Politics, and Society 59: 1–30. Retrieved June 20, 2020 (http://dx.doi.org/10.1108/S1059-4337(2012)0000059005). Ewick, Patricia and Susan Silbey. 2003. “Narrating Social Structure: Stories of Resistance to Legal Authority.” American Journal of Sociology 108(6): 1328–72. Further Reading: Brisbin Jr, Richard A. 2010. “Resistance to legality.” Annual Review of Law and Social Science 6:25–44. Coutin, Susan Bibler. 1995. “Smugglers or Samaritans in Tucson, Arizona: Producing and Contesting Legal Truth.” American Ethnologist 22(3): 549-571. Ewick, Patricia and Susan S. Silbey. 1995. “Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative.” Law and Society Review 29(2):197–226. Lazarus-Black, Mindie, and Susan F. Hirsch. 2012. Contested States: Law, Hegemony and Resistance. New York, NY: Routledge. Lovell, George I. 2012. This is not Civil Rights: Discovering Rights Talk in 1939 America. Chicago, IL: University of Chicago Press. Merry, Sally Engle. 1995. “Resistance and the Cultural Power of Law.” Law & Society Review 29:11– 26. Sarat A. 1990. ‘. . .The law is All Over’: Power, Resistance and the Legal Consciousness of the Welfare Poor. Yale J. Law Humanit. 2:343–79. 16 November 18 – Law and Social Change I Crenshaw, Kimberlé Williams. 1988. “Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law.” Harvard Law Review 101:1331-1387. Further Reading: Polletta, Francesca. 2000. “The Structural Context of Novel Rights Claims: Rights Innovation in the Southern Civil Rights Movement, 1961-1966.” Law & Society Review 34:367–406. Gordon, Jennifer. 2005. Suburban Sweatshops. Cambridge, MA: Harvard University Press. McCann, Micheal. 2006. “Law and Social Movements: Contemporary Perspectives.” Annual Review of Law and Social Science 2(1):17–38. November 23 – Law and Social Change II McCann, Michael W. 1994. “Introduction.” “Law as a Catalyst.” Pp. (1-23 and 48-92) in Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization. Chicago, IL: University of Chicago Press. Further Reading: Chua, Lynette J. 2012. “Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore.” Law & Society Review 46(4): 713-748. McCann, Michael. 1996. “Causal versus constitutive explanations (or, on the difficulty of being so positive...).” Law & Social Inquiry 21(2):457-482. Silverstein, Helena. 1996. Unleashing Rights: Law, Meaning, and the Animal Rights Movement. Ann Arbor, MI: University of Michigan Press. November 25 – Thanksgiving Recess November 30 – Law and Social Change III McCann, Michael W. 1994. “Right Consciousness and Social Change.” “Legal Mobilization and Political Struggle.” Pp. 227-311 in Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization. Chicago, IL: University of Chicago. McCann, Micheal and Helena Silverstein. 1998. “Rethinking Law’s ‘Allurements:’ a Relational Analysis of Social Movement Lawyers in the United States.” Pp. 261–292 in Cause Lawyering: Political Commitments and Professional Responsibilities, edited by A. Sarat, and S. A. Scheingold. New York, NY: Oxford University Press. Further Reading: 17 Ashar, Sameer M. 2007. “Public Interest Lawyers and Resistance Movements.” California Law Review 95(5):1879–1925. García-Del Moral, Paulina and Pamela Newmann. 2018. “The Making and Unmaking of Feminicidio/Femicidio Laws in Mexico and Nicaragua.” Law & Society Review 53(2):452-486. Marshall, Anna-Maria and Daniel Crocker Hale. 2014. “Cause Lawyering.” Annual Review of Law and Social Science 10(1):301–320. Vanhala, Lisa. 2012. “Legal Opportunity Structures and the Paradox of Legal Mobilization by the Environmental Movement in the UK.” Law & Society Review 46(3): 523-556. December 2 – Workshop on Research Proposal December 7 – Workshop on Research Proposal (continued) / Conclusions 18