The Legal Process and the Promise of Justice

Rosann Greenspan is Executive Director of the Center for the Study of Law and Society at the University of California, Berkeley. She is the author of The Transformation of Criminal Due Process in the Administrative State (2014) and co-editor of the Law Section of the International Encyclopedia of the Social and Behavioral Sciences (Second edition, 2015). She was a US Supreme Court Fellow at the US Sentencing Commission and Stanford University's Postdoctoral Fellow in Law and Politics. She received the Western Society of Criminology's Fellows Award for important contributions to the field of criminology. Hadar Aviram is the Miller Professor of Law at the University of California, Hastings College of Law. Professor Aviram's research focuses on the criminal justice system and examines policing, courtroom practices, and corrections through social science perspectives. She is author of Cheap on Crime: Recession-Era Politics and the Transformation of American Punishment (2015) and the former President of the Western Society of Criminology. Jonathan Simon is the Adrian A. Kragen Professor of Law at the University of California, Berkeley. He is the author of several books on emerging trends in crime control and the role of crime in contemporary governance. Among these books include Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (2006) and Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America (2014).

'Malcolm Feeley’s writings about America’s contradictory crime wars and criminal justice reform efforts are essential elements of modern criminology. The contributors to this volume take Feeley’s thinking in new and innovative directions that no student or scholar of our continuing predicament will want or can afford to miss. A guide to a futuristic Feeleyian criminology!' John Hagan, John D. MacArthur Professor Professor of Sociology and Law, Northwestern University, Illinois

• Introduction Jonathan Simon, Hadar Aviram and Rosann Greenspan; Part I. The Process is the Punishment: 1. Adversarial bias and the criminal process: infusing the organizational perspective on criminal courts with insights from behavioral science Hadar Aviram; 2. Malcolm Feeley's concept of law Issa Kohler-Hausmann; 3. Process as intergenerational punishment: are children casualties of parental court experiences? Kay Levine and Volkan Topalli; 4. The process is the problem Shauhin Talesh; Part II. Court Reform on Trial: 5. Vaping on trial: e-cigarettes, law, and society Eric Feldman; 6. Japanese court reform on trial David T. Johnson and Setsuo Miyazawa; 7. Court reform and comparative criminal justice David Nelken; 8. The birth of the penal organization: why prisons were born to fail Ashley T. Rubin; 9. The misbegotten: infanticide in Victorian England Lawrence M. Friedman; Part III. Judicial Policymaking and the Modern State: 10. Judicial deference in the modern state Lauren B. Edelman; 11. Judges, labor, and economic inequality Paul Frymer; 12. Administrative 'states' of judicial policy on gender-motivated violence Christine B. Harrington; 13. Can courts abolish mass incarceration? Jonathan Simon; 14. Policy making by out-of-court settlements: intelligence informers at the Israeli High Court of Justice Menachem Hofnung; Part IV. Political Liberalism and the Legal Complex: 15. The international legal complex: Wang Yu and the global response to repression of China's political lawyers Terence C. Halliday; 16. The legal profession's promise of justice: choices and challenges in legal and socio-legal work Mark Fathi Massoud; 17. The varieties of judicial independence and the judiciary's role in political reform Edward L. Rubin; 18. The legal complex and lawyers-in-chief Kim Lane Scheppele.