Legal authorities’ second-order legal consciousness—their perceptions of others’ understandings of law—shapes the social realization of legal power. Analysis of interviews with welfare fraud enforcement workers from five US states reveals their perceptions of how clients view law, policy, and enforcement practices, and shows these perceptions’ consequences. Enforcement workers’ perceptions influence the discretionary work of policy implementation, as fraud workers attempt to circumvent what they see as clients’ evasive maneuvers and act in ways they believe will influence clients’ thinking and behavior. Fraud workers’ second-order legal consciousness can also influence welfare law, when their perceptions of clients’ understandings and behaviors drive changes in written rules. Together, these effects demonstrate the power of authorities’ second-order legal consciousness to affect both law in action and law in books. Through documenting the impact of authorities’ second-order legal consciousness, this study fills an important gap in social scientific knowledge of how ongoing, dynamic processes of assessing others’ thinking and responding accordingly shape law-infused environments.

In a recent article, I called for the development of a systematic field of study devoted to investigating the causes, conditions, and consequences of immigration detention (Ryo 2019). The two articles in this special issue are cutting-edge studies that answer that call. They leverage multiple methods to overcome enormously difficult data challenges that plague this area of research. As I have argued, “immigration detention … is shrouded in secrecy and bureaucratic barriers that obstruct researchers' access to government data and detention facilities” (Ryo 2019: 98). The studies presented in this special issue illustrate how researchers can rise to this challenge with creativity and persistence to shine a light on largely hidden but critical aspects of immigration detention.

This article examines the role of social insurance law in the survival strategies of factory workers in Vietnam, especially when they are faced with pressing family needs and an uncertain future. Despite the official discourse of the law which encourages employees to accumulate social insurance for their pension benefits, workers in this study have considered their social insurance fund as a form of saving and opted to gain early access to it when they are in desperate need of money. Workers understand and use the law in a way that answers to their needs; however, such action simultaneously puts them outside the protection of the law. In workers' daily struggles, law generates a moral tension between rights and needs, and ultimately perpetuates their precarious, vulnerable condition. The article demonstrates how workers' legal consciousness varies according to their perception of their precariousness, a precariousness generated by the fragile nature of their work and underpinned by their traditional familial moral obligations. This research advances our understanding of the way state law in postsocialist regimes informs social action and consciousness in ways that oftentimes contradict the spirit of the law.

Since the 1970s, advocates have used the term gender neutral to press for legal change in contexts ranging from employment discrimination to marriage equality to public restroom access. Drawing on analyses of all Supreme Court cases, federal courts of appeals cases, and Supreme Court amicus briefs in which the terms gender neutral/neutrality, sex neutral/neutrality, or sexually neutral/sexual neutrality appear, this study examines how US courts have defined gender neutrality and what the scope and limits of its legal application have been. We find that the courts have defined gender neutrality narrowly as facial neutrality, but nonetheless that this limited understanding has transformed some areas of the law, even if it has had little impact on others. Our analysis confirms earlier feminist skepticism about the sufficiency of gender neutrality to guarantee equality but also points to areas in which the law has yet to exploit the idea's significant potential to address discrimination on the basis of sex, sexual orientation, and gender identity.

Though most countries have established public defense systems to represent indigent defendants, this is far from implying their offices are in good shape. Indeed, significant variation likely exists in the systems' effectiveness, across societies and at the subnational level. Defense agencies' performance likely depends on their configuration, including their funding, their internal arrangements, and their selection and retention mechanisms. Centered on public defense in Argentina, this article compares the performance of public and retained counsel at the country's Supreme Court. Public defenders' offices received a boost in the last two decades, and are institutionally well positioned to square off against prosecutors, putting them at least on par with the averaged retained counsel. Using a fresh dataset of around 3000 appeal decisions from 2008 to 2013, the study largely tests representational capabilities by looking at whether counsel meets briefs' formal requirements, a subset of decisions particularly valuable to reduce potential biases. It finds that formal dismissals are significantly less frequent when a public defender is named in an appeal, particularly when a federal defender is involved. It also discusses and tests alternative mechanisms. The article's findings illuminate discussions of support structures for litigation, criminal justice reform, and criminal defendants' rights.

This article introduces the concept of collective liminality, a shared condition of heightened threat and uncertainty experienced by immigrant detainees and their families, as they wait, caught between two possible outcomes: their loved one's (temporary or permanent) release into the US or deportation. Drawing on 2 years of ethnographic data collection between 2015 and 2017 that included accompanying families to visitation at three Southern California detention facilities, and in-depth interviews with former detainees and their relatives, I demonstrate the broader “collateral consequences” that immigration detention inflicts on detainees' loved ones. I find that not only does the detained individual experience liminality, but the detention of a loved one places the family in a state of shared liminality, which is experienced at two levels: material and emotional. These hardships materialize even before the detainees' deportation and can persist even after their release back into the US. This research extends scholarship on the impacts of detention on detainees, and on the consequences of deportation for families. The concept of collective liminality highlights how immigration detention functions as a critical tool of immigrant surveillance, punishment, and exclusion.

This article analyzes the everyday interpretive practices of corporations and bureaucrats that shape the meaning and force of international economic law. To understand how common practices such as public consultation submissions, corporate threat letters, and external legal assistance influence regulators' understanding of their “legally available” policy space, we study the contested introduction of a pioneering nutrition labeling regulation in Chile. The transnational food industry powerfully challenged the regulation's legality under World Trade Organization law. But Chilean health bureaucrats, in coordination with segments of the country's legally highly competent economic bureaucracy, effectively defended the legality of their proposed regulatory measure. Drawing on data from freedom-of-information requests and in-depth interviews, the article argues that the outcomes of such interpretive contests are substantially shaped by participants' knowledge of the entitlements created by international economic law and thus by the international legal expertise they have access to. This often but not always puts transnational corporations at an advantage over national regulators in the strategic interpretation of international economic law.

In this article, we use a Bourdieusian framework to theorize the relationship between cultural capital and legal consciousness, and in turn to consider how variation in legal consciousness contributes to the creation and maintenance of legal hegemony. We investigate how cultural capital shapes the ways people navigate situations that force them to mediate between state-conferred rights, on one hand, and requests from state authority, on the other. Specifically, we analyze open-ended responses to a series of vignettes about constitutional rights in the criminal procedure context. We find that high cultural capital gives rise to a greater sense of self-efficacy in police–citizen interactions. This finding parallels the literature on the influence of cultural capital in the education context and may point to a more general pattern of self-advocacy within the juridical field. People with high cultural capital also evince a more salient sense of entitlement, understanding their own needs and desires as paramount. The social processes we identify may make people with limited cultural capital more vulnerable to investigative authority, and thus more susceptible to arrest and prosecution. Even if knowledge of a right and the opportunity to assert that right are equally distributed, meaningful access to that right remains inequitable.

Hundreds of county jails detain immigrants facing removal proceedings, a civil process. In exchange, local jails receive per diem payments from Immigration and Customs Enforcement. Immigration detention thus presents a striking case of commodification of penal institutions for civil confinement purposes. Yet we know very little about the counties participating in this arrangement and the predictors of their participation over time. Our study offers the first systematic analysis of immigration detention in county jails using new and comprehensive panel data on jails across the United States. First, we find that the number of counties confining immigrant detainees steadily increased between 1983 and 2013, with the largest growth concentrated in small- to medium-sized, rural, and Republican counties located in the South. Second, our regression analyses point to a number of significant predictors of county participation in immigration detention: (a) worsening labor market conditions, combined with growing excess bed space for the criminal inmate population; (b) an increasing Latino population up to a certain threshold level; and (c) increasing Republican Party strength. These findings have important implications for current debates raging across the United States about the proper role of local communities in detaining immigrants.

International relations scholars have traditionally focused on state-centered accounts of international legal norm development between nations while sociolegal scholars have focused on Weberian notions of occupational authority. This study advances a constructivist sociolegal approach emphasizing activist action as playing a unique role in shaping international norms. Specifically, this study investigates labor activists' intervention in U.S. bilateral and multilateral free trade agreements (FTAs) to examine why labor activists chose to initiate FTA disputes as a social movement tactic and how strategic interaction with international legal systems has helped them institutionalize and proliferate the International Labor Organizations' core labor standards. Through semi-structured interviews with legal, union, and government officials, alongside a content analysis of cases filed under the U.S. FTA system, this study shows the role activists played in advancing “globalized” standards in international law. This study finds that activists spread norms through a gradual mechanism of accretion, which focuses on the creation of standards and international legal standing over the individual outcomes of any given case.

This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of archival records, this study makes three central contributions. First, it traces the origin and growth of the IHP within federal, state, and municipal correctional facilities. Notably, although the IHP began in 1980 as a program to deport Cuban asylum seekers held in civil detention in an Atlanta prison, it now operates to deport noncitizens serving prison sentences in twenty-three federal prisons, nineteen state prison systems, and a few municipal jails. Second, this article uncovers the crucial role that prison-based immigration courts have played in shaping the design of carceral institutions around the priorities of an immigration system that primarily targets Latinos for deportation. Third, this article shows how immigration courts embedded in carceral spaces have served as influential, yet overlooked, incubators of changes to immigration law and practice that today apply to all immigration courts, not just the IHP. These findings have important implications for contemporary understandings of the relationship between immigration detention, racialized control of migration, and penal punishment.

The recent influx of police officers into US public schools has reshaped the context and frequency of children's interactions with police. Yet we know little about how the presence of these officers in schools impacts the legal socialization of students, and whether youth of color might be affected or socialized in different ways than white youth. In this study, we analyze data from interviews with school police officers as well as focus group data from school staff, parents, and students that shed light on how school police interact with youth. In particular, school police officers discussed their desire to build relationships with students that instill trust in police among students. Officers discussed their efforts to teach students that police should be trusted and relied on, and that negative views of policing and involvement with the justice system are the result of a negative news media and individual citizens' criminality, respectively. Importantly, officers discussed how they devote particular attention to imparting these lessons on youth of color and others who may see police in a negative light. We consider how these outreach efforts, what we call acting as police ambassadors, might have different impacts on youth of color compared to white youth, given existing racial disparities in interactions with police.

Qualitative interviews with one hundred defendants in Dutch criminal cases examine whether perceived procedural justice is a relevant concern for defendants, and, if so, which procedural justice components they refer to. The study provides a point of epistemological departure from the quantitative studies dominating the field, as it assessed which components of procedural justice (if any) respondents put forward themselves rather than asking about predetermined procedural justice components. The large majority of respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.

Studies on asylum give little explanatory power to the role of categories of worth in how lawmakers formulate asylum law in lack of a clear policy framework for determining eligibility for asylum status. This article contends that during periods of policy upheaval, distinctions of worth shift to forefront lawmaking: lawmakers renegotiate the moral boundaries between categories of deserving and undeserving refugees to give content in ambiguous law. In the United States, lawmakers drew on the concept of immutability—the notion that to be worthy of protection you must be targeted on account of traits beyond your control to change—to distinguish between “undeserving” Central Americans fleeing civil wars and gang violence, and “deserving” women subjected to gender violence. Understanding how categories of worth inform the formulation and implementation of law in periods of policy upheaval advances understandings of asylum policy and expands scholarship on the role of ideas about worth in processes of institutional change.

Interdisciplinarity is a delicate achievement. We learned this some years ago when the Program in Law and Society at New York University collapsed. News of the administration's reluctance to continue its support of the Program trickled down to us as graduate students in fall 2009. At the time, the Program's Director (and our advisor) was Sally Merry.

Morality has been a key factor in naturalization. However, defining what constitutes good moral character has never been specified, leaving interpretation of the good moral character requirement to the discretion of immigration officials and judges. Based on an analysis of court cases filed by marriage migrants, this article expands our understanding of the legal interpretation of the “good morality” requirement in two significant ways. First, by examining the nature of the morality requirements applied to marriage migrants applying for citizenship, we identify that controlling sexual morality is one of the key mechanisms of gendering the path to legal citizenship. Second, our analysis questions the fairness of the judicial rulings and shows that judges are not reliable allies for immigrant spouses. South Korean judges tend to show great deference to the administrative branch and rarely rule against the decisions of the immigration officials. Further, the rulings tend to follow cultural and gendered, rather than legal, understanding of “good” wives and husbands. Ultimately, in the case of South Korea we show that that marriage migrant moral jurisprudence deviates from the developing jurisprudence that decriminalizes intimate choices and challenges the traditional gender roles within a family.