Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-060120-093911
Jing Liu, D. Hyman
This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim fr...
{"title":"The Impact of Medical Malpractice Reforms","authors":"Jing Liu, D. Hyman","doi":"10.1146/annurev-lawsocsci-060120-093911","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-060120-093911","url":null,"abstract":"This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim fr...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-060120-093911","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49304796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-020520-022638
M. Oraby, W. Sullivan
In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists, historians, sociologists, and religious studies scholars is undergoing a real renaissance. Exciting new work explores the entanglement of legal and religious ideas, institutions, and material objects across the entire space and time of human history. This article models an engagement between the academic study of religion and sociolegal scholarship by introducing scholars in both fields to contemporary debates in the study of law and religion. These debates examine how and when state law persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does not take for granted the state's alleged monopoly on generating and regulating legal normativity, the article argues that holding law and religion in abeyance as normative traditions invites a far more expansive imaging of these universals in their singularity, in their copresence, and as overlapping domains.
{"title":"Law and Religion: Reimagining the Entanglement of Two Universals","authors":"M. Oraby, W. Sullivan","doi":"10.1146/annurev-lawsocsci-020520-022638","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-020520-022638","url":null,"abstract":"In the last few decades, the study of law and religion has undergone considerable reconstruction. Less and less constrained by modern statist construals of rights talk or tied to confessional contexts, the comparative study of the intersection of law and religion by anthropologists, historians, sociologists, and religious studies scholars is undergoing a real renaissance. Exciting new work explores the entanglement of legal and religious ideas, institutions, and material objects across the entire space and time of human history. This article models an engagement between the academic study of religion and sociolegal scholarship by introducing scholars in both fields to contemporary debates in the study of law and religion. These debates examine how and when state law persists as a meaningful arena of contestation; the role of indigenous elites and arrangements of legal pluralism in colonial contexts; and new approaches to economy, race, and sovereignty and citizenship. By mobilizing an understanding of law that does not take for granted the state's alleged monopoly on generating and regulating legal normativity, the article argues that holding law and religion in abeyance as normative traditions invites a far more expansive imaging of these universals in their singularity, in their copresence, and as overlapping domains.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-020520-022638","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49218021","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-031820-122129
L. Edelman, Jessica Cabrera
With the rise of the #MeToo movement, there has been a groundswell of attention to sex-based harassment. Organizations have pressured high-level personnel accused of harassment to resign, or fired ...
{"title":"Sex-Based Harassment and Symbolic Compliance","authors":"L. Edelman, Jessica Cabrera","doi":"10.1146/annurev-lawsocsci-031820-122129","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-031820-122129","url":null,"abstract":"With the rise of the #MeToo movement, there has been a groundswell of attention to sex-based harassment. Organizations have pressured high-level personnel accused of harassment to resign, or fired ...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-031820-122129","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48564053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-101518-043049
C. Rule
Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted social institutions to resolve pr...
{"title":"Online Dispute Resolution and the Future of Justice","authors":"C. Rule","doi":"10.1146/annurev-lawsocsci-101518-043049","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-043049","url":null,"abstract":"Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted social institutions to resolve pr...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-101518-043049","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46584138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-041420-113519
David E. Landau
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken ...
{"title":"Personalism and the Trajectories of Populist Constitutions","authors":"David E. Landau","doi":"10.1146/annurev-lawsocsci-041420-113519","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-041420-113519","url":null,"abstract":"This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken ...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-041420-113519","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48290793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-020320-022159
Colleen Honigsberg
Forensic accounting serves as a regulatory and investment tool that allows interested professionals to predict whether firms are engaged in financial reporting misconduct. Financial reporting misconduct has severe economic and personal consequences. Not only does such misconduct distort the allocation of economic resources, but investors and employees of these firms incur substantial financial and psychological harms. In essence, forensic accounting aims to mitigate these harms by predicting the likelihood a firm has committed financial reporting misconduct—thus allowing for early detection of such misconduct. In this review, I provide an overview of the most popular forensic accounting techniques in the literature and the effectiveness of such techniques. Although traditional forensic models tended to focus on behavioral characteristics of the executives who commit financial misconduct or to take a purely numerical approach based on financial data, more recent models combine big data analysis with psychological intuitions.
{"title":"Forensic Accounting","authors":"Colleen Honigsberg","doi":"10.1146/annurev-lawsocsci-020320-022159","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-020320-022159","url":null,"abstract":"Forensic accounting serves as a regulatory and investment tool that allows interested professionals to predict whether firms are engaged in financial reporting misconduct. Financial reporting misconduct has severe economic and personal consequences. Not only does such misconduct distort the allocation of economic resources, but investors and employees of these firms incur substantial financial and psychological harms. In essence, forensic accounting aims to mitigate these harms by predicting the likelihood a firm has committed financial reporting misconduct—thus allowing for early detection of such misconduct. In this review, I provide an overview of the most popular forensic accounting techniques in the literature and the effectiveness of such techniques. Although traditional forensic models tended to focus on behavioral characteristics of the executives who commit financial misconduct or to take a purely numerical approach based on financial data, more recent models combine big data analysis with psychological intuitions.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"1 1","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-020320-022159","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44596527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-051820-014626
Carlie Malone, P. M. Skiba
In this article we review the contested effects of traditional payday loans on borrowers and describe recent regulatory changes to the product. We then provide detail on the institutional features ...
{"title":"Regulation and Recent Trends in High-Interest Credit Markets","authors":"Carlie Malone, P. M. Skiba","doi":"10.1146/annurev-lawsocsci-051820-014626","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-051820-014626","url":null,"abstract":"In this article we review the contested effects of traditional payday loans on borrowers and describe recent regulatory changes to the product. We then provide detail on the institutional features ...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49148052","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-061020-050543
Rebecca A. Johnson, Tanina Rostain
The rise of big data and machine learning is a polarizing force among those studying inequality and the law. Big data and tools like predictive modeling may amplify inequalities in the law, subject...
{"title":"Tool for Surveillance or Spotlight on Inequality? Big Data and the Law","authors":"Rebecca A. Johnson, Tanina Rostain","doi":"10.1146/annurev-lawsocsci-061020-050543","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-061020-050543","url":null,"abstract":"The rise of big data and machine learning is a polarizing force among those studying inequality and the law. Big data and tools like predictive modeling may amplify inequalities in the law, subject...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":"16 1","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-061020-050543","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41542377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-101518-043000
Anne Bloom
This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for s...
{"title":"Injury and Injustice","authors":"Anne Bloom","doi":"10.1146/annurev-lawsocsci-101518-043000","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-043000","url":null,"abstract":"This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for s...","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-101518-043000","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41919703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-13DOI: 10.1146/annurev-lawsocsci-101518-042633
Marie Pryor, K. Buchanan, P. A. Goff
Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their framework to the realities of police work, identifying situations and assignments in which these factors are likely to influence officers’ behavior. These insights may identify opportunities for further empirical research into racial disparities in such contexts and may highlight institutional reforms and policy changes that could reduce officers’ vulnerability to risks that can result in racially unjust actions.
{"title":"Risky Situations: Sources of Racial Disparity in Police Behavior","authors":"Marie Pryor, K. Buchanan, P. A. Goff","doi":"10.1146/annurev-lawsocsci-101518-042633","DOIUrl":"https://doi.org/10.1146/annurev-lawsocsci-101518-042633","url":null,"abstract":"Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their framework to the realities of police work, identifying situations and assignments in which these factors are likely to influence officers’ behavior. These insights may identify opportunities for further empirical research into racial disparities in such contexts and may highlight institutional reforms and policy changes that could reduce officers’ vulnerability to risks that can result in racially unjust actions.","PeriodicalId":47338,"journal":{"name":"Annual Review of Law and Social Science","volume":" ","pages":""},"PeriodicalIF":2.4,"publicationDate":"2020-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1146/annurev-lawsocsci-101518-042633","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46650949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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