Congratulations to the 2014 Law and Society Association Award Winners!

The awards will be presented at the LSA Annual Meeting Welcome Reception
in Minneapolis on Thursday, May 29 at 6:45pm

Congratulations to all of the prize winners, including Issa Kohler-Hausmann who is being recognized for two awards!

Award

Winners and Basis for Award

Harry J. Kalven, Jr. Award 

For empirical scholarship that has contributed to the advancement of research in law and society.

 

 

eisenbergTheodore Eisenberg
Cornell University

Ted Eisenberg was known for his insatiable curiosity, immense creativity, and unbounded energy.  His work—his approach, his questions, his style—was in the tradition of the scholarship of the late Harry Kalven, and so it is particularly appropriate that the Association honor him with the Kalven Prize. The range of Eisenberg’s scholarship (several books, and one hundred or so articles) is awesome, but what unites all of it was his insistence on examining the law in action—how legal rules and regimes operate in fact, how well they fare, what anticipated by-products they produce, how they might operate more effectively.  His empirically based scholarship covered a host of important  issues:  class action, bankruptcy, civil rights cases, prisoner petitions, products liability, punitive damages, jury behavior, judge-jury agreement (replicating Kalven and Zeisel), negotiated settlements, capital punishment, arbitration, affirmative action, and attorney fee systems.  Like most good scholars, once Eisenberg worked in an area, he could not let go, and so his portfolio of concerns mushroomed as he kept circling back to expand on issues he had dealt with earlier.  Along the way he picked up colleagues, often junior scholars who benefited immensely from the collaboration. Eisenberg was not content to explore only the American legal system;  he extended his work well beyond American borders, making contributions and working with co-authors on studies of the legal process in Israel, Japan, Taiwan, and elsewhere.   He also served as founding editor of the Journal of Empirical Legal Studies. Professor Eisenberg passed away on February 23rd, 2014.

scheppeleKim Lane Scheppele
Princeton University

Kim Lane Scheppele’s visionary and brave scholarship moves across the fields of comparative law, sociology, human rights and international affairs.  Working in the vein of constitutional ethnography, she has explored a range of topics at the intersection of constitutional and international law, looking both at jurisdictions in transition to democracy and at established democracies and their security-based responses to events such as 9/11.  Scheppele has a particular expertise on and love for the place of constitutional law in Hungary and Russia, having studied those cultures over two decades and, in part, from a resident’s point of view.  She has recently researched the rise of global security law, drawing on and making connections with her earlier work on secrecy.  Her research is creative, rigorous and widely cited.  Not shy to draw the connection from her scholarship to the world of policy, she has had an influence far beyond scholarly networks.   Her work is alive to the overlapping political, symbolic, comparative and cultural contexts in which constitutional law thrives and her scholarship is socio-legal in the finest sense.”

J. Willard Hurst
Award
 

For the best book in Socio-Legal History published within last two years.

parrilloNicholas Parrillo
Yale Law School

Against the Profit Motive: The Salary Revolution in American Government, 1780-1940
Yale University Press 2013

Against the Profit Motive traces the transformation between the late eighteenth century and the early twentieth century in the way public officials were paid. During this period, set salaries, divorced from the profit motive, supplanted alternative forms of income dependent on the delivery of services or the achievement of output.  Through exhaustive and creative archival research, Parrillo uncovers the prevalence in antebellum America of recipients of government services paying government officers a fee (what Parrillo calls a facilitative payment) for the service; in the early period the fees were negotiated by the officer and recipient of services but later were set by statute. He also shows widespread reliance by government on payment of bounties to officials to enforce criminal and civil law and to collect taxes.  Parrillo reveals that facilitative payments fell from favor because the notion that officers should serve their customers was inconsistent with mass democratic politics and interest-group rivalry.  Governments abandoned bounties because they were excessively coercive, failed to secure mass voluntary cooperation, and undercut state legitimacy.  This is a thought-provoking, novel, and magisterial account of the theory and practice of compensation of government officials and public servants and shows how practices that were once considered legitimate and, indeed, desirable to induce careful service became discredited as corrupt.    

The book both recovers and reconstructs an unfamiliar historical world and persuasively explains the emergence of key features of modern governance. Weaving together exhaustive archival research with sophisticated theoretical engagement, the book draws our attention to something familiar -- payment of government officials – and makes the familiar seem surprising.  It shows us how to think anew about this familiar topic by reconstructing the profit motive model of payment.  It explores how our revised understanding of this specialized but important topic sheds light on some of the largest issues in political and legal history, particularly the development of institutional legitimacy in American state-building.  Parrillo easily moves back and forth from the particular to the general.   With mastery over impressive swaths of secondary literature in history, political science, and law, Parrillo judiciously and effectively draws on other disciplines to bring insight to historical developments.  This is a book filled with smart observations and insights; it is sprawling in its coverage and its use of archival materials, yet it is meticulously organized and constructed so as to carry the reader through a long period of time and a wide array of government operations. 

Herbert Jacob
Book Award

For the best book in Law and Society scholarship published within last two years.

massoudMark Fathi Massoud
University of California, Santa Cruz

Law's Fragile State
Colonial, Authoritarian, and Humanitarian Legacies in Sudan

Cambridge University Press May 2013

The Committee found this book to represent a remarkable piece of socio-legal scholarship.  Massoud manages to bring together very rich data grounded in longstanding debates in law and society (e.g. the politics of rights and social change) and make it into an incredibly readable story.  The book deals with one of the thorniest socio-legal debate of our time--namely, the limits of international human rights campaigns to bring about democratic reforms in authoritarian states--but in this book we see it through the rich historical archive and interviews with hundreds of NGOs and persons living in the camps-- an elegant and sweeping account of South Sudan's stubborn colonial present.  Massoud presents not simply a critique of international human rights law.  He is able to advance a very persuasive case for what he calls "framing and shaming" as an epistemological lens for understanding the possibility of change in authoritarian states.  Massoud has positioned his findings to provide a rigorous political analysis of dispute/change processes that extend Felstiner et al's classic work in exciting ways.

Honorable Mention:
Rachel Stern
, UC Berkeley School of Law
Environmental Litigation in China: A Study in Political Ambivalence (Cambridge UP)
Nominated by Calvin Morrill and Vincent Satkovski

John Hope Franklin
Prize

For the best article on Race, Racism and the Law, published within last two years.

desmondMatthew Desmond
Sociology and Social Studies, Harvard University

Eviction and the Reproduction of Urban Poverty
American Journal of Sociology 118 (2012): 88-133

In his article, Professor Desmond combines a rich array of empirical evidence to generate novel insights into the role of civil law and procedure (housing law) in reproducing racial inequality and deepening urban poverty. This study combines statistical and ethnographic analyses based on court records of roughly 30,000 eviction cases, in-person surveys of 251 tenants appearing in eviction court, and a year of ethnographic fieldwork among evicted tenants and their landlords in Milwaukee, Wisconsin to assess the frequency, mechanisms, and consequences of eviction. Recent research on race, racism and law emphasizes the impact of criminalization and incarceration on the life chances of men from impoverished black neighborhoods, yet Desmond’s study illustrates that eviction has become the corollary, common-place and socially disintegrative sanction facing women from these same neighborhoods. This richly layered analysis is impressive for both its analytic rigor and practical contributions. His findings compel us to "think differently about old problems," including the role of civil law and legal processes in reproducing racial inequality and generational urban poverty. As he writes, “even laws intended to protect the city’s most defenseless renters can have unintended negative consequences and are rendered impotent against the cold face of severe deprivation in the low-income housing sector.” Viewed alongside the more documented and inter-twined consequences of racialized criminal sanctions, this study provides a deeper and rather daunting but ultimately constructive understanding of the role of law in the social organization of enduring inequality. 

Law and Society
Association
Article Award

For exceptional scholarship in Socio-Legal studies published as an article.

kohler-hausmannIssa Kohler-Hausmann
New York University

Managerial Justice and Mass Misdemeanor

Nominated by Professor David Greenberg

“Managerial Justice and Mass Misdemeanors” offers an important and innovative contribution to interdisciplinary scholarship in the field of criminal law.  Using extensive original qualitative and quantitative data from a multi-year study, Kohler-Hausmann tracks an underappreciated phenomenon in the treatment of low-level criminal offenders in New York City, which she terms the “managerial model” of criminal administration.  Kohler-Hausmann’s managerial model examines the ways in which the intensive enforcement of low-level offenses by urban police forces enables the criminal process to regulate populations through their engagement with the criminal justice system over time.  This framework challenges widely held notions about the criminal justice system as concerned primarily with adjudicating guilt and punishment in specific cases.  In so doing, this sophisticated modelallows for a deeper understanding of the broader political and cultural trends that influence the operation of courts and criminal justice institutions.

Honorable Mentions:

Co-authors:
Michael McCann, University of Washington
William Haltom, University of Puget Sound
Shauna Fisher, Western Virginia University
Criminalizing Big Tobacco: Legal Mobilization and the Politics of Responsibility for Health Risks in the United States, 38 Law & Social Inquiry 288 (2013);

Co-authors:
Michael Campbell, University of Missouri
Heather Schoenfeld,
Northwestern University
The Transformation of America’s Penal Order: A Historicized Politicized Sociology of Punishment, 118 American Journal of Sociology 1375 (2013). 

Law and Society
Association
International Award

For significant contributions to the advancement of knowledge in the field of law and society.

miyazawaSetsuo Miyazawa
Aoyama Gakuin University Law School

Setsuo Miyazawa's contribution to law and society scholarship and pedagogy in Japan and around the world is truly astounding. Prof. Miyazaway holds LL.B., LL.M., and S.J.D. degrees from Hokkaido University, and M.A., M.Phil., and Ph.D. (soc) degrees from Yale University. He has taught at numerous institutions in Japan and elsewhere. One of the astounding features of Prof. Miyazawa's law and society scholarship is its versatility; his research ranges from policing and criminal justice to corporate lawyering, and he has written extensively about public interest lawyering as well. He has written or edited more than a dozen books in Japanese and English. His first English book, Policing in Japan (SUNY Press 1992), received the 1993 Distinguished Book Award of the Division of International Criminology of the American Society of Criminology. He has also authored the first Japanese casebook on legal ethics. 

Prof. Miyazawa's scholarship is not merely abstract and academic; he has been an influential and courageous voice in promoting judicial reform in Japan, and has had a significant role in reforming legal education in Japan. Prof. Miyazawa's contributions to the Law and Society Association have also been remarkable. He served twice on the LSA Board of Trustees, and was the co-founder of CRN 33 -- East Asian Law and Society -- now the largest CRN at LSA. For these major contributions in scholarship, practice, and legal reform, we believe Prof. Miyazawa would be a worthy and deserving recipient of the International Prize.

Stanton Wheeler
Mentorship Award

As an outstanding mentor for graduate, professional or undergraduate students who are working on issues of law and society.

CommailleJacques Commaille
Ecole Normale Superieure de Cachan

Jacques Commaille is an extraordinary mentor.   As a pioneer in interdisciplinary studies he dedicated his career to building a field “from scratch” in which his students and colleagues could thrive.   Jacques inspired students to follow his lead, nurturing their scholarship and love of research while guiding and supporting development of their careers.  Former students described Jacque’s “contagious enthusiasm,”  “deeply passionate” engagement with their work, and “empathy and intelligence” that made him “an unparalleled mentor.”  One said, “He has the desire—and skill—needed to help students articulate that which they themselves want to do and then to help them bring this to fruition.”  Another wrote, “Jacques is the role-model who most often comes to my mind.”  All are qualities shared by the best mentors, but Jacques has given his students much more.  Over many years of effort Jacques has established research institutes, secured teaching positions, created publications and funded research projects, winning the hearts of students within his own country and from abroad while welcoming collaboration with colleagues across the globe to enrich these opportunities.  He and his former students have played an important part in establishing law and society in France as an internationally recognized field of teaching and scholarship.   For his extraordinary dedication to mentoring, Jacques Commaille is winner of the Law and Society Association’s Stanton Wheeler Mentorship Award for 2014.

Ronald Pipkin
Service Award

For sustained and extraordinary service to the Association.

saratAustin Sarat
Amherst College

Professor Austin Sarat’s service to the Law and Society Association has been extraordinarily generous.  Beginning in 1981, he was Chair of Local Arrangements for the Amherst Meeting; over the next decades he continued to serve the Association as he willingly and generously chaired multiple committees and served in many offices, including President in 1998-1999. Along the way, Professor Sarat informally mentored many scholars as they launched their careers. Indeed, Professor Sarat is often remembered for more than just mentoring: through his inquiring intellect he pushed these young scholars to think harder and better about theira work while, at the same time building the future of the Law & Society Association. Among these many contributions, one in particular reflects the spirit of the Pipkin Award.  Complementing his commitment to mentoring emerging scholars, Professor Sarat played a leading role in launching the Graduate Student Workshop and Summer Institute.  These programs continue today, if in slightly different guise.  Through these transformative programs, the Law and Society Association introduces new generations of socio-legal scholars to our field in a hospitable and supportive environment of intellectual and collegial exchange. 

krislovSamuel Krislov
University of Minnesota

As a member of the founding generation of the Law and Society Association, Professor Samuel Krislov played a leading role in the challenging steps required of institution building.  Professor Krislov was the second editor of the Law & Society Review, following founding editor Richard Schwartz, and it was during his term that the Review was institutionalized.  In addition to the duties of editor, Professor Krislov secured a long-term publishing agreement and worked with his home department at the University of Minnesota to provide support for the fledging Review.  Through his efforts, he helped to establish the credibility of the review and put it on a firm financial footing.  That the review is today a recognized and respected journal throughout the world is in no small part due to Professor Krislov’s early efforts.  As the fifth President of the Law and Society Association, Professor Krislov established the tradition of an annual meeting, the first of which was held at the University of Minnesota.  As we return to Minneapolis for the fiftieth anniversary of our founding, with approximately 1800 in attendance, it is more than fitting that we recognize Professor Samuel Krislov with the Pipkin Award for his enormous service on behalf of the Law and Society Association. 

Dissertation
Prize
 

For the dissertation that best represents outstanding work in law and society research in 2013.

BerkHillary Berk
Jurisprudence and Social Policy, University of California, Berkeley

The Legalization of Emotion:  Risk, Gender, and the Management of Feeling in Contracts for Surrogate Labor

Nominated by Professor Lauren Edelman

Hillary Berk‘s imaginative dissertation “The Legalization of Emotion:  Risk, Gender, and the Management of Feeling in Contracts for Surrogate Labor” is an engaging socio-legal study of surrogacy contracts and their impact. The committee was struck by its originality and innovative methodology.  The dissertation is a creative, clever, and comprehensive multijurisdictional investigation of surrogacy in the United States and the effects of contractual provisions on the lives of the women who are “surrogate” mothers.  Berk considers the laws governing surrogacy contracts in twenty states, discerns patterns in the regulations, and analyzes their consequences for the individuals and families affected by them.  She also discussions the implications of the varying rules for future policy making. The committee was struck by the study’s careful research design, her expert use of multiple methods, and the massive multi-site data collection. Berk’s beautifully written dissertation makes a significant contribution to the study of the role of emotion in legal processes.  The committee believes it will interest scholars in many fields because of its combination of contract theory with gender studies and the provocative treatment of law and emotions.  It is a superb empirical study with important theoretical aspects that is highly deserving of the Law and Society Dissertation Prize.

rohitRohit De
Department of History, Princeton University

The Republic of Writs:  Litigious Citizens,  Constitutional Law, and Everyday Life in India (1947-1964)

Nominated by Professor Hendrik Hartog

Rohit De’s brilliant dissertation ““The Republic of Writs:  Litigious Citizens,  Constitutional Law, and Everyday Life in India (1947-1964)”” is a fascinating, interdisciplinary study of the role of diverse parties in the Indian legal system and their legal consciousness in the period from colonial times to the post-colonial era.  With unusual access to Indian Supreme Court archives, De provides a captivating account of litigation surrounding such issues as commodity controls (e.g., alcohol prohibition laws in Bombay), the cow protection laws in Bitar,  and laws regulating sex work.   This study affords insights into the legal process in India by moving beyond doctrinal analysis to the investigation of how law influences the ways of life of diverse cultural communities.  This magnificent legal history deals with subaltern communities and their ability to maneuver in legal processes, and provides this incisive analysis with great clarity.  It shows that important jurisprudence was sometimes a consequence not of the work of legal elites but rather of diverse marginalized communities seeking justice through legal institutions.  For its scintillating and eloquent cultural analysis, the committee recommends that Rohit De receive the Law and Society dissertation prize.

Undergraduate
Student Paper Prize
 

For the undergraduate paper that best represents outstanding work in law and society research.

gockeAlison Gocke
Princeton University

Visions of the Land: Cartography and Environmental Philosophy in the Old Northwest

Nominated by Professor Hendrik Hartog

Gocke’s paper begins with a simple research question: where did U.S. land policy come from? Comparing the birch bark scrolls of the Ojibwe (Chippewa) to the township maps of the early Americans, she provides an erudite examination of maps in shaping early American ideas about land, property, and the environment. The comparison of these two – offering two very different conceptualizations and literal mappings of the same lands – provides a provocative way of understanding approaches to land, land use, and zoning. As one committee member wrote, “I learned a lot from the paper, and found myself making new sense out of the squares and grids I routinely view out of planes. The view below now made sense in a new way and reflected a legacy of expansion, regulation, and commercialization that I never fully appreciated.” 

Honorable mention:
Heather Richard,
Amherst College
“Beyond Blind Justice”
Nominated by Austin Sarat

Graduate Student
Paper Prize
 

For the graduate paper that best represents outstanding work in law and society research.

kohler-hausmannIssa Kohler-Hausmann
New York University

Misdemeanor Justice: Control without Conviction

Nominated by David Greenberg and Malcom Feeley

Kohler-Hausmann’s article, published in the September 2013 volume of The American Journal of Sociology, examines how misdemeanors are handled in the criminal courts in New York City.  She notes that although there has been a dramatic decline in crime throughout the United States over the past twenty years, and especially in New York City, there has been a massive increase in the numbers of arrests, and especially arrests of those charged with misdemeanors. How have New York City’s criminal justice officials dealt with the high volume of low-stakes offenses, many of which are “quality of life” violations? Her data collection process was spectacularly thorough (combining ethnographic and personal experience, interviews, and quantitative data) and the article provides a major re-orientation for the punishment literature, in fact, she demonstrates a real shift in the way we think about an entire system of law. She argues that elements of the managerial model of justice are not just the product of institutional pressures overwhelming the system as is commonly argued, but are rather strategic decisions made to increase social control through observation. She thus does more than incrementally add to the existing literature—she reveals a new layer of understanding of misdemeanors and “quality of life” policing.