The ANNALS of the AAPSS 639

The ANNALS of the American Academy of Political and Social Science, January 2012: Volume 639

Gender and Race Inequality in Management: Critical Issues, New Evidence

Introduction: Gender, Race, and Management
Matt L. Huffman

Minority Vulnerability in Privileged Occupations: Why Do African American Financial Advisers Earn Less than Whites in a Large Financial Services Firm?
William T. Bielby

Managing Ambivalent Prejudices: Smart-but-Cold and Warm-but-Dumb Stereotypes
Susan T. Fiske

Power, Influence, and Diversity in Organizations
Jeffrey W. Lucas and Amy R. Baxter

Diversity within Reach: Recruitment versus Hiring in Elite Firms
Lauren A. Rivera

Developmental Practices, Organizational Culture, and Minority Representation in Organizational Leadership: The Case of Partners in Large U.S. Law Firms
Fiona M. Kay and Elizabeth H. Gorman

If You’re So Smart, Why Aren’t You the Boss? Explaining the Persistent Vertical Gender Gap in Management
Heather A. Haveman and Lauren S. Beresford

Women’s Mobility into Upper-Tier Occupations: Do Determinants and Timing Differ by Race?
George Wilson

Money, Benefits, and Power: A Test of the Glass Ceiling and Glass Escalator Hypotheses
Ryan A. Smith

Do Female Top Managers Help Women to Advance? A Panel Study Using EEO-1 Records
Fidan Ana Kurtulus and Donald Tomaskovic-Devey

Minorities in Management: Effects on Income Inequality, Working Conditions, and Subordinate Career Prospects among Men
David Maume

Female Leaders, Organizational Power, and Sex Segregation
Kevin Stainback and Soyoung Kwon

Checking the Pulse of Diversity among Health Care Professionals: An Analysis of West Coast Hospitals
Sheryl L. Skaggs and Julie A. Kmec

The Gender Gap in Executive Compensation: The Role of Female Directors and Chief Executive Officers
Taekjin Shin

Criminology 49(4)

Criminology, November 2011: Volume 49, Issue 4

Examining the Genetic Underpinnings to Moffitt's Developmental Taxonomy: A Behavioral Genetic Analysis
J.C. Barnes, Kevin M. Beaver and Brian B. Boutwell

In recent years, criminological research has observed an increase in studies examining different offending trajectories. Much of this research has been guided by Moffitt's (1993) developmental taxonomy of life-course persistent offenders, adolescence-limited offenders, and abstainers. Moffitt (1993) argued that the etiologies of these different pathways could be traced to several biosocial factors, including perhaps genetic factors. To date, research has failed to address this possibility directly. The current study addressed this gap in the literature by examining the extent to which genetic factors explain variance in different offending patterns. Analysis of sibling pairs (N = 2,284; ages spanned between 11 and 27 years) drawn from the National Longitudinal Study of Adolescent Health (Add Health) revealed that genetic factors contributed significantly to being classified in each of the different offending patterns. Specifically, genetic factors explained between 56 and 70 percent of the variance in being classified as a life-course persistent offender across different coding strategies, 35 percent of the variance in being classified as an adolescence-limited offender, and 56 percent of the variance in being classified as an abstainer. We discuss the importance of integrating genetics into future studies examining offending trajectories.

Ghettos, Thresholds, and Crime: Does Concentrated Poverty Really Have an Accelerating Increasing Effect on Crime?
John R. Hipp and Daniel K. Yates

Theories make varying predictions regarding the functional form of the relationship between neighborhood poverty and crime rates, ranging from a diminishing positive effect, to a linear positive effect, to an exponentially increasing or even threshold effect. Nonetheless, surprisingly little empirical evidence exists testing this functional form. This study estimates the functional form of the relationship between poverty and various types of serious crime in a sample of census tracts for 25 cities, and it finds that a diminishing positive effect most appropriately characterizes this relationship whether estimating the models nonparametrically or parametrically. Only for the crime of murder does some evidence exist of an accelerating effect, although this occurs in the range of 20 to 40 percent in poverty, with a leveling effect on crime beyond this point of very high poverty. Thus, no evidence is found here in support of the postulate of scholars extending William Julius Wilson's (1987) insight that neighborhoods with very high levels of poverty will experience an exponentially higher rate of crime compared with other neighborhoods.

The Cascading Effects of Adolescent Gang Involvement across the Life Course
Marvin D. Krohn, Jeffrey T. Ward, Terence P. Thornberry, Alan J. Lizotte and Rebekah Chu

The short-run deleterious effects of gang involvement during adolescence have been well researched. However, surprisingly little empirical attention has been devoted to understanding how gang involvement in adolescence influences life chances and criminal behavior in adulthood. Drawing on the life-course perspective, this study argues that gang involvement will lead to precocious transitions that, in turn, will have adverse consequences on the fulfillment of adulthood roles and statuses in the economic and family spheres. Moreover, problems fulfilling these conventional roles are hypothesized then to lead to sustained involvement in criminal behavior in adulthood. Using data from a sample of males from the Rochester Youth Development Study, results from structural equation models support the indirect link between gang membership and noncriminal and criminal outcomes in adulthood. Specifically, gang involvement leads to an increase in the number of precocious transitions experienced that result in both economic hardship and family problems in adulthood. These failures in the economic and family realms, in turn, contribute to involvement in street crime and/or arrest in adulthood. Implications for the criminal desistance process are discussed.

On Ambiguity in Perceptions of Risk: Implications for Criminal Decision Making and Deterrence
Thomas A. Loughran, Raymond Paternoster, Alex R. Piquero and Greg Pogarsky

Deterrence theorists and researchers have argued that the critical dimension of sanction certainty is its level—increasing the certainty of punishment from a lower to a higher level will inhibit criminal conduct. However, the true certainty of punishment is rarely known with much precision. Both Sherman (1990) and Nagin (1998) have suggested that ambiguity about the level of punishment certainty is itself consequential in the decision to commit or refrain from crime. Here, we investigate this proposition. We find some evidence that individuals are “ambiguity averse” for decisions involving losses such as criminal punishments. This finding means that a more ambiguous perceived certainty of punishment is a greater deterrent of some crimes than a nominally equivalent but less ambiguous one. However, this effect depends on how large an individual's risk certainty perception is initially. That is, we find evidence for “boundary effects” (Casey and Scholz, 1991a, 1991b) in which this effect holds for lower probabilities but reverses for higher ones. For higher detection probabilities, individuals become “ambiguity seeking” such that a less ambiguous detection probability has more deterrent value than a nominally equivalent but more ambiguous detection probability. Results are presented from two distinct, but complementary, analysis samples and empirical approaches. These samples include a survey to college students with several hypothetical choice problems and data from the Pathways to Desistance study, a longitudinal investigation of serious adolescent offenders transitioning from adolescence to young adulthood.

Neuropsychological Measures of Executive Function and Antisocial Behavior: A Meta-Analysis
James M. Ogilvie, Anna L. Stewart, Raymond C. K. Chan and David H. K. Shum

A meta-analysis was performed to quantify the association between antisocial behavior (ASB) and performance on neuropsychological executive functioning (EF) measures. This meta-analysis built on Morgan and Lilienfeld's (2000) meta-analysis of the same topic by including recently published studies and by examining a wider range of EF measures. A total of 126 studies involving 14,786 participants were included in the analyses. Antisocial groups performed significantly worse on measures of EF compared with controls, with a grand mean effect size of d= .44. Significant variation occurred in the magnitude of effect sizes calculated across studies. The largest effect sizes were found for criminality (d= .61) and externalizing behavior disorder (d= .54) ASB groups, whereas the smallest effect sizes were found for antisocial personality disorder (d= .19) groups. Larger differences in EF performance were observed across studies involving participants from correctional settings and with comorbid attention deficit and hyperactivity problems. Overall, the results indicated that a robust association exists between ASB and poor EF that held across studies with varied methodological approaches. The methodological issues in the research literature and the implications of the meta-analysis results are discussed, and the directions for future research are proposed.

Associations of Fathers' History of Incarceration with Sons' Delinquency and Arrest Among Black, White, and Hispanic Males in the United States
Michael E. Roettger and Raymond R. Swisher

Nearly 13 percent of young adult men report that their biological father has served time in jail or prison; yet surprisingly little research has examined how a father's incarceration is associated with delinquency and arrest in the contemporary United States. Using a national panel of Black, White, and Hispanic males, this study examines whether experiencing paternal incarceration is associated with increased delinquency in adolescence and young adulthood. We find a positive association with paternal incarceration that is robust to controls for several structural, familial, and adolescent characteristics. Relative to males not experiencing a father's incarceration, our results show that those experiencing a father's incarceration have an increased propensity for delinquency that persists into young adulthood. Using a national probability sample, we also find that a father's incarceration is highly and significantly associated with an increased risk of incurring an adult arrest before 25 years of age. These observed associations are similar across groups of Black, White, and Hispanic males. Taken as a whole, our findings suggest benefits from public policies that focus on male youth “at risk” as a result of having an incarcerated father.

Does the Time Cause the Crime? An Examination of the Relationship Between Time Served and Reoffending in the Netherlands
G. Matthew Snodgrass, Arjan A. J. Blokland, Amelia Haviland, Paul Nieuwbeerta and Daniel S. Nagin

This work uses a sample of Dutch offenders, serving an average of 6.7 months of confinement, to examine the relationship between time served in prison and future criminality. To overcome the selection issues inherent in this examination, this article introduces a new method to the criminological literature that relies on a generalization of the propensity score to control for observed differences in offenders sentenced to different periods of confinement. On the whole, very little evidence of a relationship between time served and future offending was found. In particular, 3-year reconviction rate and the proportion of offenders reconvicted in the next 3 years do not seem to depend on incarceration length. Although a relationship between time served and future sentence length was found, the evidence is modest.

The Effects of Employment on Longitudinal Trajectories of Offending: A Follow-Up of High-Risk Youth from 18 to 32 Years of Age
Victor R. Van Der Geest, Catrien C. J. H. Bijleveld and Arjan A. J. Blokland

This article analyzes the effects of employment on delinquent development from 18 to 32 years of age in 270 high-risk males. Prior to 18 years of age, all men had undergone residential treatment for serious problem behavior in a juvenile justice institution in the Netherlands. We use semiparametric group-based models to investigate the effect of employment on their offending, taking into account static personality and background characteristics. We examine the effect of being employed and further distinguish the effects of job quality (“on the payroll” or being employed through temporary work agencies) and job stability (duration). We find that employment is significantly related to delinquent development among most (active) offender groups. Among high-frequency chronic offenders, only temporary employment is significantly associated with a reduction in offending, whereas among high-frequency desisters, the association is significantly stronger with regular employment. Stability in employment was limited in our sample, and it did not have an additional effect on offending.

Decomposing the Peer Effect on Adolescent Substance Use: Mediation, Nonlinearity, and Differential Nonlinearity
Gregory M. Zimmerman and Bob Edward Vásquez

Although the correlation between peer delinquency and delinquency is one of the most consistently demonstrated findings in delinquency research, researchers have focused primarily on the direct, linear, and additive effects of peers in statistical models, rather than on empirically modeling mediating, nonlinear, and moderating processes that are specified by theory. To address these issues, we measure respondent delinquency and peer delinquency with illegal substance use and then decompose the effect of peer substance use on self-reported substance use. Logistic hierarchical models on a sample of adolescents from the Project on Human Development in Chicago Neighborhoods (PHDCN) indicate that the effect of peer substance use on self-reported substance use is partially mediated by perceptions of the health risks of substance use. In addition, the direct statistical effect of peers is nonlinear: On average, the peer effect decreases at higher values of peer substance use, which is consistent with a “saturation” effect. We also find that the functional form of the peer substance use/substance use relationship is dependent on the neighborhood context. In neighborhoods with more opportunities for crime, the peer effect is initially strong but decreases as peer substance use increases, which is consistent with a saturation effect. Conversely, in neighborhoods with fewer opportunities for crime, the effect of peers is initially small, but as delinquent peer associations increase, the peer effect increases multiplicatively.

British Journal of Criminology 52(1)

British Journal of Criminology, January 2012: Volume 52, Issue 1

Using ‘Turning Points’ to Understand Processes of Change in Offending: Notes from a Swedish Study on Life Courses and Crime
Christoffer Carlsson

Processes of within-individual change in offending and desistance from crime can be very complex, often involving multiple, context-specific processes. But even in a generous reading of much research on turning points, while this is theoretically stated or inferred, it is less often shown or illustrated in empirical cases. I explore processes of change in offending with the help of the concept of ‘turning points’, through life story interviews conducted in the Stockholm Project, trying to make use of the possibilities inherent in qualitative inquiry. I show how life course processes and the turning points that emerge within them are often interdependent on each other, emerging in very context-specific circumstances, and need to be studied and understood and such. Future research areas are suggested.

History And Global Criminology: (Re)Inventing Delinquency in Vietnam
Pamela Cox

How might historical analysis enrich global criminology? More specifically, could histories of European crime contribute to understandings of social change in present-day Asia? How can evidence bases generated through distinct research practices—those used by historians, criminologists and criminal justice consultants—be combined? This article explores these challenges through an analysis of contemporary Vietnamese concerns about youth crime and a critique of local and international policy makers’ efforts to address these. It argues that historically informed analysis can enrich understanding in four key ways. The first is that this kind of analysis suggests how French colonialism and its legacies have shaped Vietnamese criminal justice practice through (in)direct policy transfer. The second is that it can help to defuse current moral panics by locating Vietnam's rising youth crime within a familiar historical pattern. The third is that it can broaden the narrow evidence base available to those searching for youth justice interventions that ‘work’. Finally, a historical view can expand existing spaces for difficult but critical dialogues around human rights in a reforming authoritarian state with its own traumatic past.

Informers and the Transition in Northern Ireland
Ron Dudai

Though criminological literature has paid attention to the use of informers in ordinary law enforcement, there is a research gap regarding their usage in contexts of conflict and political violence. This article explores the social, political and security functions of IRA informers in the transition from conflict in Northern Ireland. Based on that experience, it develops four heuristic models regarding informers that the paper argues may be of direct relevance to other conflicted and transitional societies. These are the informer as folk devil, the informer as rumour, the informer as political manipulator, and the informer as celebrity. All these themes demonstrate the long-term effects of the use of informers during the Northern Ireland conflict—an important finding given the increasing prevalence of the use of informers in a political context.

E-Resistance and Technological In/Security in Everyday Life: The Palestinian Case
Nadera Shalhoub-Kevorkian

This paper analyses the roles played by Information Computer Technologies (ICT) and the internet in areas of conflict, with a specific focus on the Palestinian context in Jerusalem. In particular, it examines the way the politics of everydayness in Jerusalem constructs Palestinians as security threats and, in turn, subjects them to technologized surveillance and spatial control. Examining the effect of the politics of everydayness when juxtaposed with the effect of technologized surveillance on a group of young Palestinian college women from Jerusalem and surrounding areas, the paper considers the ‘double-edged’ nature of new information technologies and the internet. On the one hand, Palestinian women’s narratives demonstrate the emancipatory possibilities of such technologies, in that they allow for and forge spaces of resistance and contestation. On the other hand, women participants indicated that such technologies increased their vulnerability and victimization. Looking closely at the Palestinian case study, it is argued, enables us to shed light on broader issues related to criminology, surveillance and ICT in militarized/occupied areas.

Compstat and The New Penology: A Paradigm Shift in Policing?
James J. Willis and Stephen D. Mastrofski

Using fieldwork data collected at seven police agencies in the United States, this study asks ‘To what extent is the operation of Compstat, a recent and highly touted police management and accountability system, consistent with the new penology?’. Examining a multidimensional reform in an area (police innovation) that has been relatively neglected helps illuminate to what degree Compstat is part of a new trend in criminal justice, and it gives theoretical insight into how the applicability of the new penology's elements may vary across different institutional settings. Our findings suggested support for the new penology at a general level but this weakened significantly upon closer examination. This article then provides a broader theoretical explanation for this looseness of fit with our observations of Compstat's operation.

Using Jurors to Explore Public Attitudes to Sentencing
Kate Warner and Julia Davis

This paper reports the findings of an innovative method of ascertaining public opinion about sentencing—namely using jurors in actual cases to explore both the appropriateness of the sentence imposed in the juror's trial and more general views about sentencing levels. Contrasting images of public opinion emerged: a punitive public in relation to general perceptions of leniency and a more merciful public in relation to individual cases. The extent and reasons for this dichotomy are explored, as are differences in levels of satisfaction for different offence types.

Executions, Imprisonment and Crime in Trinidad and Tobago
David F. Greenberg and Biko Agozino

The effect of death sentences, executions and imprisonment on crime rates in the Republic of Trinidad and Tobago is assessed using annual time series data from 1955 to 2005. Policy implications of the research findings are drawn, and speculations are offered as to the reasons for the recent large increase in homicide rates.

Sentencing for Murder: Exploring Public Knowledge and Public Opinion in England and Wales
Barry Mitchell and Julian V. Roberts

In 1965, it was thought that nothing less than a mandatory sentence of life imprisonment would be an acceptable replacement for the death penalty for murder in England and Wales. It was assumed that anything else would have led to a significant loss of public confidence in the criminal justice system. The authors have recently conducted what is believed to be the first survey in this country that tests this assumption, as well as the extent of public knowledge and belief of the current system for sentencing convicted murderers. The survey casts doubt over the assumption and highlights the misunderstanding and lack of knowledge on which public opinion is based.

Homicide Law Reform in Victoria, Australia: From Provocation to Defensive Homicide and Beyond
Kate Fitz-Gibbon and Sharon Pickering

Homicide law reform surrounding the partial defences to murder currently animates legal stakeholders in Australia and the United Kingdom, particularly in relation to cases of lethal intimate partner violence. In 2005, the Victorian Government implemented a series of homicide law reforms, central to which was the abolition of the partial defence of provocation and the instatement of an offence of defensive homicide. This article, based on a larger qualitative research study with British, Victorian and New South Wales legal stakeholders, explores experiences and perceptions of reforms in Victoria. An analysis of the impact of homicide law reform, using Hudson's principles of discursiveness and reflectiveness as a framework for analysis, reveals some dissonance between the intent and outcomes of these legal reforms. This study concludes that reforms crafted to counter gender bias in the operation of homicide law have produced mixed results for female victims of intimate partner homicide and related case law.

Understanding Cooperation With Police in a Diverse Society
Kristina Murphy and Adrian Cherney

Past research has shown that procedural justice enhances an authority's legitimacy and encourages people to cooperate with them. However, this past research has examined legitimacy by focusing solely on the perceived legitimacy of authorities and has ignored how people may perceive the legitimacy of the laws and rules authorities enforce. This distinction has relevance to the policing of ethnic minority groups who may come from different cultures or countries where distrust in the law and legal institutions is prevalent. Using survey data collected from a random sample of 1,203 Australians, this paper explores how procedural justice and both institutional and legal legitimacy impact on people's willingness to cooperate with police. The findings will be explained using Braithwaite's (2003; 2010) social distancing framework.

Review Article

A Symposium of Reviews of Peculiar Institution: America’s Death Penalty in an Age of Abolition: By David Garland (Oxford University Press, Belknap Press, Harvard University Press, 417pp.) Reviews by Anette Ballinger, David Brown, Pat Carlen, Richard Garside and Magnus Hörnquist

Law & Society Review 45(4)

Law & Society Review, December 2011: Volume 45, Issue 4

How an Authoritarian Regime in Burma Used Special Courts to Defeat Judicial Independence
Nick Cheesman

Why do authoritarian rulers establish special courts? One view is that they do so to insulate the judiciary from politically oriented cases and allow it continued, albeit limited, independence. In this article I present a contrary case study of an authoritarian regime in Burma that used special courts not to insulate the judiciary but to defeat it. Through comparison to other Asian cases I suggest that the Burmese regime's composition and character better explain its strategy than does extant judicial authority or formal ideology. The regime consisted of war fighters for whom the courts were enemy territory. But absent popular support, the regime's leaders could not embark immediately on a radical project for legal change that might compromise their hold on power. Consequently, they used special courts and other strategies to defeat judicial independence incrementally, until they could displace the professional judiciary and bring the courts fully under executive control.

Political Liberalism and Political Embeddedness: Understanding Politics in the Work of Chinese Criminal Defense Lawyers
Sida Liu and Terence C. Halliday

This article examines the meanings of politics in everyday legal practice using the case of Chinese criminal defense lawyers. Based on 194 in-depth interviews with criminal defense lawyers and other informants in 22 cities across China, we argue that lawyers’ everyday politics have two faces: on the one hand, lawyers potentially can challenge state power, protect citizen rights, and pursue proceduralism in their daily work; on the other hand, they often have to rely on political connections with state agencies to protect themselves and to solve problems in their legal practice. The double meanings of politics—namely, political liberalism and political embeddedness—explain the complex motivations and coping tactics that are frequently found in Chinese lawyers’ everyday work. Our data show that the Chinese criminal defense bar is differentiated along these two meanings of politics into five clusters of lawyers: progressive elites, pragmatic brokers, notable activists, grassroots activists, and routine practitioners. They also suggest that a principal manifestation of political lawyering is not merely short-term mobilization or revolutionary struggle against arbitrary state power, but also an incremental everyday process that often involves sophisticated tactics to manage interests that often conflict.

Going beyond Ascribed Identities: The Importance of Procedural Justice in Airport Security Screening in Israel
Badi Hasisi and David Weisburd

Today, passengers at every major Western airport are subjected to heightened levels of security screening that not only are inconvenient, but also raise important questions about the treatment of members of specific groups that are seen as presenting special security risks. Our study examines the importance of ethnic identity in explaining perceptions of legitimacy in airport screening among a random sample of Jewish and Arab passengers in Israel. The main hypothesis of our study is that ethnicity will play a major role in predicting passengers’ attitudes toward the airport security process. In fact, our survey shows that Israeli Arab passengers are, on average, significantly more negative regarding the legitimacy of security checks than Israeli Jewish passengers are. However, using a multivariate model, we find that ethnicity (Arab versus Jew) disappears as a significant predictor of legitimacy when we included factors of procedural justice and controlled for specific characteristics of the security process. The results of our research indicate that differences in legitimacy perceptions are by and large the result of the processes used in airport screening and not a direct result of ethnic identity. In concluding, we argue that profiling strategies aimed at preventing terrorism, which often include embarrassing public procedures, may actually jeopardize passengers’ trust in airport security. Such security is dependent on the cooperation of citizens, and heightened security procedures focused on particular groups may compromise legitimacy evaluations and thus the cooperation of the public.

Talking Law in Times of Reform: Paradoxes of Legal Entitlement in Cameroon
José-María Muñoz

Based on ethnographic fieldwork carried out between 2003 and 2005, this article examines how legality is constructed in present-day Adamaoua Province, Cameroon. Focusing on an instance of a process locally referred to as la concertation, I analyze how state officials and cattle traders gather to discuss the practical fate of law. As a heightened moment of suspended enforcement, la concertation is productive for both officials, who work out the limits of their respective spheres of authority and imagine a trade based on business norms and practices that severely limit the scope of regulatory action, and traders, who manage to stave off the increased scrutiny that income tax law presupposes, while asserting their concern for the integrity and consistency of the law.

What's So Private about Private Ordering?
Tehila Sagy

Private ordering—i.e., development of extralegal forums and forms of dispute processing by nonhierarchical groups—has preoccupied legal economists for nearly three decades. According to the prevailing analysis, private orders grow in socially-flat market communities without any intervention by the state. This article challenges the received view on two fronts: First, it establishes a causal connection between the development of private orders and a social hierarchy. Second, the article demonstrates that the state often intentionally assumes a proactive role in the creation of these orders. To illustrate this two-pronged theory of private ordering, this article offers a detailed analysis of three well-known cases that have been considered prototypes of private ordering by market communities: the Diamond Dealers Club of New York, the kibbutz in Israel, and ranch owners in Shasta County, California. Finally, the article argues for a need to re-evaluate the feasibility and desirability of private ordering and privatization of law.

Paying for the Past: Redressing the Legacy of Land Dispossession in South Africa
Bernadette Atuahene

The constitution of South Africa mandates equitable redress for individuals and communities evicted from their properties during colonialism and apartheid. The Commission on Restitution of Land Rights' institution-wide assumption is that the financial awards given as equitable redress had no long-term economic impact on recipients because the money is gone and they are still in poverty, whereas if people had received land, the economic impact would have been lasting. Consequently, in recent years, the commission has adopted a policy of using its soft power to force claimants to choose land restitution instead of financial awards. However, the interviews I conducted with financial award recipients show that in 30 percent of the cases, the award did produce a long-term economic benefit because respondents invested in their homes. This empirical evidence suggests that the commission should rethink its recent shift in policy and not totally discount the potential of financial awards to produce a lasting economic benefit.

Multiple Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation
Rachel Kahn Best, Lauren B. Edelman, Linda Hamilton Krieger and Scott R. Eliason

A rich theoretical literature describes the disadvantages facing plaintiffs who suffer multiple, or intersecting, axes of discrimination. This article extends extant literature by distinguishing two forms of intersectionality: demographic intersectionality, in which overlapping demographic characteristics produce disadvantages that are more than the sum of their parts, and claim intersectionality, in which plaintiffs who allege discrimination on the basis of intersecting ascriptive characteristics (e.g., race and sex) are unlikely to win their cases. To date, there has been virtually no empirical research on the effects of either type of intersectionality on litigation outcomes. This article addresses that lacuna with an empirical analysis of a representative sample of judicial opinions in equal employment opportunity (EEO) cases in the U.S. federal courts from 1965 through 1999. Using generalized ordered logistic regression and controlling for numerous variables, we find that both intersectional demographic characteristics and legal claims are associated with dramatically reduced odds of plaintiff victory. Strikingly, plaintiffs who make intersectional claims are only half as likely to win their cases as plaintiffs who allege a single basis of discrimination. Our findings support and elaborate predictions about the sociolegal effects of intersectionality.

Justices and Legal Clarity: Analyzing the Complexity of U.S. Supreme Court Opinions
Ryan J. Owens and Justin P. Wedeking

Legal clarity is important to understand and measure because of its connection to the rule of law. We provide the first systematic examination of the clarity of Supreme Court opinions and discover five important results. First, certain justices systematically craft clearer opinions than others. Justices Scalia and Breyer write the clearest opinions, while Justice Ginsburg consistently writes the most complex opinions. Second, ideology does not predict clarity in majority or concurring opinions. Third, all justices write clearer dissents than majority opinions, while minimum winning coalitions produce the clearest majority opinions. Fourth, justices across the board write clearer opinions in criminal procedure cases than in any other issue area. Finally, opinions that formally alter Court precedent render less clear law, potentially leading to a cycle of legal ambiguity.

Sociological Theory 29(4)

Sociological Theory, December 2011: Volume 29, Issue 4

The Gift Revisited: Marcel Mauss on War, Debt, and the Politics of Reparations
Grégoire Mallard

This article offers a new interpretation of Marcel Mauss's The Gift. It situates Mauss's argument within his broader thinking on the politics of sovereign debt cancellation and the question of German reparations paid to the Allies after World War I. Mauss applauded the policies of reparation and debt cancellation proposed by the French “solidarist” activists who were responsible for inclusion of reparations provisions in the Versailles Treaty. But Mauss was also aware that their legal mobilization could not by itself restore a sense of solidarity among European peoples. Broader systems of political alliance and anthropological norms of gift-making were also necessary. In Mauss's writings on war reparations, as in The Gift, he described the legal, political, and macrostructural dynamics at work in the settlement of reparations and sovereign debts, which he differentiated from the dynamics at work in the speculative logics of financial capitalism. In doing so, Mauss provided insights into the settlement of sovereign debt crises, which still agitate the international community today.

The Jews, the Revolution, and the Old Regime in French Anti-Semitism and Durkheim's Sociology
Chad Alan Goldberg

The relationship between European sociology and European anti-Semitism in the nineteenth and early twentieth centuries is investigated through a case study of one sociologist, Émile Durkheim, in a single country, France. Reactionary and radical forms of anti-Semitism are distinguished and contrasted to Durkheim's sociological perspective. Durkheim's remarks about the Jews directly addressed anti-Semitic claims about them, their role in French society, and their relationship to modernity. At the same time, Durkheim was engaged in a reinterpretation of the French Revolution and its legacies that indirectly challenged other tenets of French anti-Semitism. In sum, Durkheim's work contains direct and indirect responses to reactionary and radical forms of anti-Semitism, and together these responses form a coherent alternative vision of the relationship between modernity and the Jews.

The Question of Moral Action: A Formalist Position
Iddo Tavory

This article develops a research position that allows cultural sociologists to compare morality across sociohistorical cases. In order to do so, the article suggests focusing analytic attention on actions that fulfill the following criteria: (a) actions that define the actor as a certain kind of socially recognized person, both within and across fields; (b) actions that actors experience—or that they expect others to perceive—as defining the actor both intersituationally and to a greater extent than other available definitions of self; and (c) actions to which actors either have themselves, or expect others to have, a predictable emotional reaction. Such a position avoids both a realist moral sociology and descriptive-relativism, and provides sociologists with criteria for comparing moral action in different cases while staying attuned to social and historical specificity.

The Eventfulness of Social Reproduction
Adam Moore

The work of William Sewell and Marshall Sahlins has led to a growing interest in recent years in events as a category of analysis and their role in the transformation of social structures. I argue that tying events solely to instances of significant structural transformation entails problematic theoretical assumptions about stability and change and produces a circumscribed field of events, undercutting the goal of developing an “eventful” account of social life. Social continuity is a state that is achieved just as much as are structural transformations, and events may be constitutive of processes of reproduction as well as change.

A Path to Understanding Guanxi in China's Transitional Economy: Variations on Network Behavior
Kuang-chi Chang

Current research on guanxi (Chinese social connections) suffers from conceptual confusion. This article presents a new theoretical framework for understanding guanxi in the face of China's economic and social transformations. Guanxi is viewed as a purposive network behavior that can take different “strategic” forms, such as accessing, bridging, and embedding. Pairing this conceptualization with a social-evolutionary framework, I argue that the emergence and increasing or decreasing prevalence of each form over time result from (1) a combination of factors at three analytical levels—microagency, mesonetwork, and macroinstitutional—and (2) endogenous processes of selection. By focusing on behavioral forms and their evolution, this framework is able to bridge divides in the guanxi literature, provide a foundation for comparative studies of network behavior across societies, and connect the study of guanxi with economic sociology more broadly.

Social Psychology Quarterly 74(4)

Social Psychology Quarterly, December 2011: Volume 74, Issue 4

Culture, Cooperation, and the General Welfare
Nick Berigan and Kyle Irwin

Job Burnout and Couple Burnout in Dual-earner Couples in the Sandwiched Generation
Ayala Malach Pines, Margaret B. Neal, Leslie B. Hammer, and Tamar Icekson

The Emergence of Embedded Relations and Group Formation in Networks of Competition
Shane R. Thye, Edward J. Lawler, and Jeongkoo Yoon

Managing Emotional Manhood: Fighting and Fostering Fear in Mixed Martial Arts
Christian A. Vaccaro, Douglas P. Schrock, and Janice M. McCabe

American Sociological Review 76(6)

American Sociological Review, December 2011: Volume 76, Issue 6

Revisiting the Gender Gap in Time-Use Patterns: Multitasking and Well-Being among Mothers and Fathers in Dual-Earner Families
Shira Offer and Barbara Schneider

This study suggests that multitasking constitutes an important source of gender inequality, which can help explain previous findings that mothers feel more burdened and stressed than do fathers even when they have relatively similar workloads. Using data from the 500 Family Study, including surveys and the Experience Sampling Method, the study examines activities parents simultaneously engage in and how they feel when multitasking. We find that mothers spend 10 more hours a week multitasking compared to fathers and that these additional hours are mainly related to time spent on housework and childcare. For mothers, multitasking activities at home and in public are associated with an increase in negative emotions, stress, psychological distress, and work-family conflict. By contrast, fathers’ multitasking at home involves less housework and childcare and is not a negative experience. We also find several similarities by gender. Mothers’ and fathers’ multitasking in the company of a spouse or children are positive experiences, whereas multitasking at work, although associated with an increased sense of productivity, is perceived as a negative experience.

How Mothers and Fathers Share Childcare: A Cross-National Time-Use Comparison
Lyn Craig and Killian Mullan

In most families today, childcare remains divided unequally between fathers and mothers. Scholars argue that persistence of the gendered division of childcare is due to multiple causes, including values about gender and family, disparities in paid work, class, and social context. It is likely that all of these factors interact, but to date researchers have not explored such interactions. To address this gap, we analyze nationally representative time-use data from Australia, Denmark, France, and Italy. These countries have different employment patterns, social and family policies, and cultural attitudes toward parenting and gender equality. Using data from matched married couples, we conduct a cross-national study of mothers’ and fathers’ relative time in childcare, divided along dimensions of task (i.e., routine versus non-routine activities) and co-presence (i.e., caring for children together as a couple versus caring solo). Results show that mothers’ and fathers’ work arrangements and education relate modestly to shares of childcare, and this relationship differs across countries. We find cross-national variation in whether more equal shares result from the behavior of mothers, fathers, or both spouses. Results illustrate the relevance of social context in accentuating or minimizing the impact of individual- and household-level characteristics.

"I Need Help!" Social Class and Children's Help-Seeking in Elementary School
Jessica McCrory Calarco

What role do children play in education and stratification? Are they merely passive recipients of unequal opportunities that schools and parents create for them? Or do they actively shape their own opportunities? Through a longitudinal, ethnographic study of one socioeconomically diverse, public elementary school, I show that children’s social-class backgrounds affect when and how they seek help in the classroom. Compared to their working-class peers, middle-class children request more help from teachers and do so using different strategies. Rather than wait for assistance, they call out or approach teachers directly, even interrupting to make requests. In doing so, middle-class children receive more help from teachers, spend less time waiting, and are better able to complete assignments. By demonstrating these skills and strategies, middle-class children create their own advantages and contribute to inequalities in the classroom. These findings have implications for theories of cultural capital, stratification, and social reproduction.

Social Environment, Genes, and Aggression: Evidence Supporting the Differential Susceptibility Perspective
Ronald L. Simons, Man Kit Lei, Steven R. H. Beach, Gene H. Brody, Robert A. Philibert, and Frederick X. Gibbons

Although gene by environment studies are typically based on the assumption that some individuals possess genetic variants that enhance their vulnerability to environmental adversity, the differential susceptibility perspective posits that these individuals are simply more susceptible to environmental influence than others. An important implication of this perspective is that individuals most vulnerable to adverse social environments are the same ones who reap the most benefit from environmental support. Using longitudinal data from a sample of several hundred African Americans, we found that relatively common variants of the dopamine receptor gene and the serotonin transporter gene interact with social conditions to predict aggression in a manner consonant with the differential susceptibility perspective. When social conditions were adverse, individuals with these genetic variants manifested more aggression than other genotypes, whereas when the environment was favorable they demonstrated less aggression than other genotypes. Furthermore, we found that these genetic variants interact with environmental conditions to foster schemas and emotions consistent with the differential susceptibility perspective and that a latent construct formed by these schemas and emotions mediates the gene by environment interaction on aggression.

The Enduring Association between Education and Mortality: The Role of Widening and Narrowing Disparities
Richard Miech, Fred Pampel, Jinyoung Kim, and Richard G. Rogers

This article examines how educational disparities in mortality emerge, grow, decline, and disappear across causes of death in the United States, and how these changes contribute to the enduring association between education and mortality over time. Focusing on adults age 40 to 64 years, we first examine the extent to which educational disparities in mortality persisted from 1989 to 2007. We then test the fundamental cause prediction that educational disparities in mortality persist, in part, by shifting to new health outcomes over time. We focus on the period from 1999 to 2007, when all causes of death were coded to the same classification system. Results indicate (1) substantial widening and narrowing of educational disparities in mortality across causes of death, (2) almost all causes of death with increasing mortality rates also had widening educational disparities, and (3) the total educational disparity in mortality would be about 25 percent smaller today if not for newly emergent and growing educational disparities since 1999. These results point to the theoretical and policy importance of identifying social forces that cause health disparities to widen over time.

Uncertainty and Fertility in a Generalized AIDS Epidemic
Jenny Trinitapoli and Sara Yeatman

Sociologists widely acknowledge that uncertainty matters for decision making, but they rarely measure it directly. In this article, we demonstrate the importance of theorizing about, measuring, and analyzing uncertainty as experienced by individuals. We adapt a novel probabilistic solicitation technique to measure personal uncertainty about HIV status in a high HIV prevalence area of southern Malawi. Using data from 2,000 young adults (ages 15 to 25 years), we demonstrate that uncertainty about HIV status is widespread and that it expands as young adults assess their proximate and distant futures. In conceptualizing HIV status as something more than sero-status itself, we gain insight into how what individuals know they don’t know influences their lives. Young people who are uncertain about their HIV status express desires to accelerate their childbearing relative to their counterparts who are certain they are uninfected. Our approach and findings show that personal uncertainty is a measurable and meaningful phenomenon that can illuminate much about individuals’ aspirations and behaviors.

Variance Function Regression in Hierarchical Age-Period-Cohort Models: Applications to the Study of Self-Reported Health
Hui Zheng, Yang Yang, and Kenneth C. Land

Two long-standing research problems of interest to sociologists are sources of variations in social inequalities and differential contributions of the temporal dimensions of age, time period, and cohort to variations in social phenomena. Recently, scholars have introduced a model called Variance Function Regression for the study of the former problem, and a model called Hierarchical Age-Period-Cohort regression has been developed for the study of the latter. This article presents an integration of these two models as a means to study the evolution of social inequalities along distinct temporal dimensions. We apply the integrated model to survey data on subjective health status. We find substantial age, period, and cohort effects, as well as gender differences, not only for the conditional mean of self-rated health (i.e., between-group disparities), but also for the variance in this mean (i.e., within-group disparities)—and it is detection of age, period, and cohort variations in the latter disparities that application of the integrated model permits. Net of effects of age and individual-level covariates, in recent decades, cohort differences in conditional means of self-rated health have been less important than period differences that cut across all cohorts. By contrast, cohort differences of variances in these conditional means have dominated period differences. In particular, post-baby boom birth cohorts show significant and increasing levels of within-group disparities. These findings illustrate how the integrated model provides a powerful framework through which to identify and study the evolution of variations in social inequalities across age, period, and cohort temporal dimensions. Accordingly, this model should be broadly applicable to the study of social inequality in many different substantive contexts.