Collaborative Research Networks (CRNs) were formed at the 2000 Annual Meeting in Miami to facilitate international research collaboration in selected topics for presentation at the meeting in Budapest in July 2001. The CRNs met twice at the meeting in Miami Beach. They will continue their work, primarily by electronic means, between the 2000 and 2001 meetings.
While CRNs include scholars from all parts of the world, participation of some scholars from Central/Eastern Europe and Latin America was assisted by a two-year grant to the Association from the National Science Foundation and support from the American Bar Foundation. Funds from the NSF grant will again be used to support the travel of a limited number of scholars from those geographical regions to Budapest. Additional efforts at fund-raising to expand the travel support available are ongoing.
In addition, for the joint meeting, Working Groups of the Research Committee on Sociology of Law are also designated as CRNs and listed below.
Individuals interested in the work of any CRNs should contact the organizer by email (click on name).
(click on organizer's name to send an email)
1. Transnational Actors
The focus here is on transnational actors and their changing position in the construction and use of law. Topics might focus on law's relationship with NGOs (environment, human rights, violence against women, indigenous rights), cause lawyers, international law firms, and accounting firms.Organizer: Nancy Reichman, University of Denver
This topic focuses on efforts to import or export the rule of law and its administrative infrastructure through judicial reform of courts or the introduction of alternative dispute resolution, often in anticipation of economic development. Borrowing and trading judicial reforms and models of dispute resolution has, however, paradoxical social and political implications. While the import and export of judicial reform and alternative dispute resolution is often presented as a relatively benign step to secure greater managerial efficiency and effectiveness of judicial process and outcome, closer examination of these processes suggests that such borrowing and trading has significant political implications. The work of this CRN is to explore this topic, with particular attention to developments in North and South America and Eastern Europe.Organizer: Carroll Seron, Baruch College, City University of New York
The Collaborative Research Network on Constitutional Ethnography will focus on a set of theoretical and empirical issues related to the establishment, maintenance, transformation and collapse of constitutional regimes. The last two decades have seen the evolution of many military dictatorships and soviet-style regimes (particularly in Latin America and Eastern Europe) into constitutional-democratic ones. That same period has also seen the creation of a "constitution of Europe" through the ever-closer union of European nations as well as the strengthening of other regional associations, at the same time that there has been constitutional devolution within a number of diverse countries like Spain, Britain, Brazil and Russia. Constitutional revolutions have overtaken established constitutional regimes like Britain (abolition of the role of the heredity peers, the proposed introduction of a bill of rights, the new parliaments), Canada (creation of a charter of rights), and the United States (federalism strikes back). At the same time as these country-specific changes are occurring, international law has been playing a larger role in the domestic law of many constitutional democracies than it used to as new international bodies take over responsibilities that were once the sole province of sovereignty (e.g. the international criminal court, monetary linkages, the policy contingencies of IMF loans). Through constitutional borrowing from one system to another and through the harmonizing effects of international law, constitutional regimes are becoming more like each other even as they are in other ways becoming more distinctive. The landscape of constitutionalism is quickly changing - and yet there is still the sense that constitutions provide a way to bring stability to politics. Constitutionalism is a field full of paradoxes.Organizer: Kim Scheppele, University of Pennsylvania
Appropriate constitutional subject matter includes not only the
obvious one of constitutional clauses (or equivalents) and their
meanings. Some subjects that are profoundly about the
organization of the state or about the relationship between the state
and the individual (the legal regulation of the state, mechanisms of
elections, constitution of an official currency, the protection of
human rights, the creation of citizenship, the extension of law to
politics) are constitutional subjects even if not all constitutional
texts include them. "Constitutional ethnography"
is meant to include a broad range of specific subjects. If this
description has captivated you, please propose something!
4. Labor Rights
In a global economy, there is a need for new approaches to the age-old challenge of protecting workers' rights and improving labor standards. Globalization affects the nature of work and the character of the employment relationship around the world. Pressures on firms to improve competitiveness through restructuring workforces and production across national borders have led to increased challenges for nation-states. States in the North look for ways to preserve existing levels of employment and income support while those in the South struggle to simultaneously promote growth and investment and raise labor standards. To these ends, national laws may need to be revised, international norms developed, and transnational advocacy explored.Organizers: Ruth Buchanan, University of British Columbia, and David Trubek, University of Wisconsin
This network seeks to encourage research by sociolegal scholars on these issues and bring sociolegal scholars and experts on industrial relations together. We hope to foster work along two intersecting dimensions. First, what is the impact of changes in firms, production processes and global market forces on work, workforces, and worker's rights and conditions in the North and South? Second, how do existing legal institutions function and what kinds of new governance mechanisms are needed? We hope to explore the role of states, courts, unions, NGO's, existing international institutions such as the ILO, 'social clauses' in trade agreements, the World Bank and other IFI's, as well as industries and private firms through codes of conduct and otherwise.
Questions of citizenship and immigration are central to understandings of the role of law in relation to transnational mobility and investment.Organizers: Susan Coutin, Los Angeles State University, and Miguel Diaz-Barriga, Swathmore College
In both North America and Europe consumer bankruptcy is an institution which has been in transition during the past decade and is an ideal subject for comparative socio-legal analysis. In addition, many developing economies have seen a growth in credit and over-indebtedness and we wish to focus on how such issues are addressed in these economies.Organizers: Bill Whitford, University of Wisconsin, and Iain Ramsay, York University
The topic of consumer bankruptcy and the variety of approaches adopted to address problems of overindebtedness raise issues in the administration of justice and how professionals process the problems of ordinary individuals. It is also an important site for understanding the pathology of credit breakdown and its relationship to credit granting, regulation of the credit system, and the provision of social safety nets against life's uncertainties.
Cause lawyers challenge mainstream representations of professionalism by taking sides in political and social conflicts. In so doing, cause lawyers become advocates not only, or primarily, for their clients but for causes with which the clients? cases are associated--and with which the lawyer identifies. Research possibilities include but are not limited to examinations of the activities of cause lawyers, the role of cause lawyers in divided societies, the connections of cause lawyers to social movements, the impact of their work on state processes, and transnational networks. Beginning in the mid-1990s, the Cause Lawyering Project has organized international and interdisciplinary research teams that have produced two edited volumes. The collaborative research network is an opportunity to extend the geographic and cultural reach of the cause lawyering project; to generate new research, advance theorization of cause lawyering, test existing propositions and uncover new ones--all from a broader base than the current project.Organizers: Austin Sarat, Amherst College, and Stuart Scheingold, University of Washington
All over the world, the ongoing hegemonic processes of exclusion face all kinds of resistance, such as popular initiatives, local organizations, and popular movements. These forms of resistance fight social exclusion and open new spaces for democratic participation, the reconstruction of community, and alternatives to the dominant forms of knowledge and development. However, not much is known about such forms of resistance, since they do not speak the language of dominant globalization and are often presented as fighting against globalization itself. This CRN aims at exploring and testing the possibilities for counter-hegemonic globalization. In particular, it sets out to inquire into forms of resistance and emancipation that effectively mobilize legal institutions and legal discourses. Of particular interest are initiatives that creatively articulate local, national and global legal strategies. Prominent examples of such initiatives are transnational workers' rights litigation and the defense of indigenous peoples' rights before national and international courts.Organizers: Boaventura de Sousa Santos, University of Coimbra, and Cesar Rodriguez, New York University
This CRN focuses on changes and continuities in the legal cultures of countries that come traditionally from the civil law world.Organizers: Lawrence Friedman, Stanford University; Rogelio Perez Perdomo, Central University of Venezuela
Organizer: Jose Juan Toharia, Universidad Autonoma de Madrid
The purpose is to systematize and analyze comparative the available data and to encourage the production of new data concerning the measurement of public opinion with regard to the operation of legal and judicial opinions.
11. Integrating Gender into Legal Education: Transforming Women’s Legal Status
Organizers: Ann Shalleck and Tammy Horn, American University
This CRN provides a forum for legal educators, practitioners and advocates to
exchange ideas, experiences and strategies for integrating gender into legal
education and legal doctrine. Traditional models of legal education do not
effectively address women’s rights issues or explore how gender and the law
interact, ultimately reinforcing gender-bias at all levels of the legal system.
The full incorporation of gender into legal education and doctrine leads to a
more inclusive legal culture and contributes to a justice system that is
responsive to the needs and priorities of women, as it trains a new cadre of
legal practitioners, advocates, policymakers and scholars to have a better
understanding of women's human rights and how gender and the
law interact.
12. Lay Participation in Legal Systems
Organizers: Sanja Kutnjak Ivkovich, Harvard University, and Valerie Hans, University of Delaware and University of Pennsylvania
The purpose of this CRN is to bring together scholars working on different forms of lay participation in legal decision making. The legal systems of many countries incorporate laypersons in some decision-making capacity, including lay judges or assessors, mixed tribunals of law-trained and lay judges, and the jury.
Lay participation in the justice system has been justified on multiple grounds. It is said to improve decision making, to reduce the impact of biased or corrupt judges, to keep the system responsive to changing community values, to better represent the diversity of citizen experiences and perspectives, and to enhance the legitimacy of the system. Lay involvement is strongly criticized on multiple grounds as well, including charges that lay participants are incompetent or biased decision makers, lack crucial knowledge of law, or ignore the law. Scholars have also questioned whether lay participation has any real impact on legal system outcomes or whether it is serves only a legitimacy function.
This CRN will help facilitate the exchange of research findings and comparative research about lay involvement in legal decision making. What are the strengths and drawbacks of different forms of lay participation as practiced in different countries? How do a country's historical and contextual factors shape the forms of lay participation? To what extent does lay participation fulfill its multiple functions?
13. Regulation
Organizers: Cary Coglianese, Harvard University, and Joe Rees, Virginia Polytechnic Institute
The CRN on Regulation will focus on the study
of regulatory instruments, institutions, and actors. The network is
concerned with how law interacts with economic activity and with the
challenges that emerging social trends, such as privatization and
globalization, pose for regulatory and administrative institutions. It
examines how traditional as well as emerging regulatory instruments --
such as self-regulation, covenants, management systems, and market-based
regulation -- work in theory and in practice. It also explores the
behavior, culture, and design of regulatory institutions and actors,
with particular attention to the varied demands of accountability,
rationality, and legitimacy. The network seeks to build a dialogue
among researchers focusing on regulation in domestic and international
settings and across a variety of regulatory domains.
14. The Governance of Urban Safety: Insecurity, Community Efficacy and Public Policy
Organizers: Tim Hope, Susanne Karstedt, and Richard Sparks, Keele University
This Collaborative Research Network (CRN) will focus on a set of theoretical and empirical issues related to urban safety. Though the prevention of crime is a core issue, it will be embedded in a range of security problems that communities face: pressures of globalized markets, the influx of immigrants from all over the world, and an increasing sense of insecurity and consciousness of risk among citizens. Problems of security are related to welfare as well as they are redefining welfare. In particular in Western and Eastern Europe, medium-sized and even smaller cities are increasingly confronted with these problems. Processes associated with globalization and the extra-territorial movement of capital and influence in particular hit those communities where until recently citizens mostly felt secure and safe. Urban communities are the centres of social change, its impact is felt on this level most urgently, and demands for action are most pressing. The demand for safety in particular from crime and violence, but as well from "incivilities" has been widely and decisively articulated by citizens during the last decade, and local governments have increasingly responded to these fears.
The prevention of crime and the provision of a certain level of security for citizens are acknowledged and even defining obligations of public authorities. At the community level, the lack of such provisions becomes most visible, and affects the daily life of citizens. Globalization is accompanied by a process of localization in the provision of mundane security and prevention. Notwithstanding, that these are tasks of public authorities, the role of communities, and strategies of citizens in dealing with these problems are more and more acknowledged as vital factors in providing a range of security measures. The vitality and vigour of community life, the ‘efficacy' of communities thus has become a major target of research and measures of crime prevention. Obviously, a balance is needed between public policies on the one hand and those processes within communities that produce "social capital" like solidarity, trust and efficacy. Wether and in what ways this balance is achieved and how public policies can contribute to the production of social capital will be one of the core questions in the CRN.
The urgent needs and demands for public safety and security on the community level have triggered international exchange between social scientists, policy makers, particularly on the level of policing. Crime prevention measures have been im- and exported, adopted and adapted without checking if they suit the specific situation and needs of communities in different cultures and with different forms of governance. Even less exchange exists on regimes of urban and community security , and strategies of how to produce necessary "social capital" and a suitable balance between public policies and community efficacy. The dominance of crime prevention measures seems to be highly questionable, given the scope and range of related security problems and citizens' consciousness of the risks of urban life.
The CRN is designed to establish a forum of exchange for those who work on these problems and in particular want to approach the problems of urban safety within a broader perspective and with a multi-level approach, starting (a) from the experiences and consciousness of risk of citizens, (b)analysing local policies and regimes and (c) finally relating these to the embeddedness of communities in national regimes and cultures. At the conference in Budapest it will center on the exchange on research projects and will offer an opportunity to start collaborations and design comparative research projects. At the conference it will in addition promote the dissemination of research designs and methods to colleagues in Eastern Europe, Asia and South America.
15. Family Law and Family Policy
Organizers: Mavis Maclean, Oxford University, and Benoit Bastard, CNRS, Paris
This Collaborative Research Network (CRN) is organized by the Family Lawyers Subgroup of the RCSL Working Group in the Legal Profession and is open to all interested persons.
The CRN is to take forward the work of the WG on the Politique of Law and Family, examining the social policies and pressures which influence the legal framework that regulate personal obligations. This includes the development of law reform, both its forms and implementation or lack of implementation, and the emergence of new forms of professional intervention and the falling away of earlier mechanisms. The CRN will focus on developing a theoretical framework for analysis of the role of regulation in the sphere of personal relationships and the relationship of family law to other aspects of social policy.
16. Moralising and Legal Control of Economy
Organizer: Kai Bussman, Martin Luther Universitat, Halle-Wittenberg
17. RCSL Working Groups
WG Comparative Studies of Legal Professions
Chair: Benoit BastardThe WG was formed in 1980. Under the leadership of Richard L. Abel and Philip S.C. Lewis, it developed a detailed comparative study of the legal profession, incorporated in the three volume of "Lawyers in Society". Since then the group has continued to discuss theoretical approaches and to collect information on legal professions. It is now made up of sub-groups developing more specific comparative studies on lawyers and other professionals. The sub-groups include such topics as cultural histories of legal professions, deontology, the judiciary, large law firms, lawyers and clients, legal aid, legal education, legal professions and the family, mediation, regulatory reform, women lawyers and cause lawyering. These sub-groups will be represented at the Budapest meeting and most will organize sessions.WG Comparative Legal Culture
Chair: David NelkenWG Law and Politics
Contact: Maria Angelica Cuellar VasquezWG Human Rights
Contact: Stephan ParmentierWG Gender and Equality
Contact: Fanny TabakWG Social and Legal Systems
Contact: Vittorio OlgiatiWG Law and Urban Space
Chair: Antonio Azuela de la CuevaWG Sociology of Regional Integration
Contact: Francis SnyderWG Transformation of Law in Post-Communist Countries
Contact: Adam Czarnota