law

One of the most important cases the Supreme Court reviewed this year was United States v. Texas, which ruled on challenges to two Obama administration initiatives – Deferred Action for Parents of Americans and Lawful Permanent Residents and an expanded Deferred Action for Childhood Arrivals program – that would have affected up to five million people. In November 2014, President Obama announced Executive Actions that included additional temporary protections for immigrants who arrived as children (also referred to as “DREAMERS”) and a new program for parents of U.S. citizens or lawful permanent residents. The programs would allow them to remain in the country and apply for work permits if they have been here for at least five years and have not committed felonies or repeated misdemeanors. These actions have been on hold since early 2015, when a district court issued a preliminary injunction in response to a challenge brought by Republican authorities in Texas and ultimately joined by 25 other states. The actual focus of the case was quite mundane: Texas argued that it would suffer significant financial damages if required to subsidize the cost of driver’s licenses to those qualifying for the s new programs. However, the larger context was an unwillingness to allow the President to enact policy change following years of blocked and failed efforts at immigration reform at other governmental levels.In November 2014, Obama announced Executive Actions that included temporary protections for immigrants who arrived as children and a new program for parents of U.S. citizens and lawful permanent residents to apply for work permits. These actions have been on hold since early 2015.

The Supreme Court was unable to reach a decision in June. The case resulted in a 4-4 tie, an unusual but not unexpected result given the current makeup of the court following the death of Justice Antonin Scalia and reflecting the politically divisive nature of the case. This means that the decisions of the lower courts remain in place and the two initiatives are blocked, for now. more...

Title IX, the U.S. civil rights law that prohibits sex discrimination in federally funded education programs, is one of the most significant steps toward gender equality in the last century. By requiring schools to provide equal opportunities regardless of sex, the law intervenes to ameliorate disparities at the institutional level. President Obama concisely summarizes Title IX’s importance: “From addressing inequality in math and science education to preventing sexual assault on campus to fairly funding athletic programs, Title IX ensures equality for our young people in every aspect of their education.”

Despite the law’s importance – as well as the fact that it has been on the books for over 40 years – we have insufficient information about patterns of alleged violations and ultimate dispositions. Existing research has tracked the changing scope of the law and its overall effects on higher education. For example, how have issues like peer harassment come to be defined as forms of discrimination subject to Title IX enforcement? And how has Title IX affected the U.S. educational system and student experiences – for example, by creating new athletic opportunities for women, fostering gender parity in science and math programs, and mandating that colleges and universities set up procedures for handling sexual harassment allegations?Complaints and costs are skyrocketing. more...

On May 23, 2014, at Isla Vista near the University of California at Santa Barbara, Elliot Rodger embarked on a violent spree that killed six students and injured 13 others, before killing himself. Police later uncovered a 137-page manifesto titled “My Twisted World,” in which Rodger expressed his desire to punish women for rejecting him on what he called a “Day of Retribution.” For weeks after the event, the nation was transfixed by the horror of Rodger’s actions. The family members of the victims called for gun law reform while others highlighted the gender themes this violent gunman invoked.

Indeed, this highly publicized tragedy links two devastating challenges the United States faces: violence against women and deadly gun crimes. Gun violence in America – including mass shootings like the Rodger case – often falls on women the gunman knows. Despite decades of efforts to reduce the threats, American women continue to be at heightened risk for death or harm by gun violence. My research explores why existing policies fall short of remedying this problem, in part because of gaps in background checks for would-be gun buyers and the proliferation of unlicensed firearms sellers. I also consider why the political environment makes it hard for advocates to advance legislation to reduce gun violence. In the course of my research, the gender disparities have become evident.In the year 2011, of all the women murdered with guns in cases where relationships to the offender were known, 70% were shot to death by a current or former intimate partner.

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In recent decades, the United States has seen a spectacular rise in deportations, with local police forces authorized by the federal government to identify undocumented immigrants for summary removal. More than 11 million undocumented people across the country – including up to one in ten adult workers in the state of California – faced this threat in their daily lives.

To assuage the human costs, President Barack Obama outlined a plan in November 2014 to provide temporary protection to many undocumented migrants. Building on his earlier efforts to set priorities, the President specified that officials would henceforth seek to deport “felons, not families,” “criminals, not children,” “gang members, not a mom who’s working hard to provide for her kids.” In short, under the new policy, various kinds of immigrants deemed good would be protected from deportation. Well-intentioned city leaders, bureaucrats, and police would need to sort out the good immigrants from those vilified as criminals.

These well-intended steps are meant to alleviate the trauma that the threat of deportation has imposed on millions of law-abiding migrants. But how do the binary divisions work out in practice? My research, based on a year of observations in southern California plus 75 in-depth interviews with undocumented Mexican migrants, suggests that efforts to divide good from bad people in migrant communities can have pernicious as well as helpful effects.Efforts to divide good from bad people in migrant communities can have pernicious effects. more...

Are children and adolescents who break the law fated to become lifelong offenders? To answer this important question, we started in the 1980s to track the lives of 1000 disadvantaged males born in Boston during the Great Depression era. We were able to build on data collected during offenders’ boyhoods for a classic mid-twentieth-century study, Unraveling Juvenile Delinquency, conducted by Sheldon and Eleanor Glueck at Harvard Law School. We used early waves of data from this study, and then tracked down males included in it to collect further information on their histories of criminal offending through old age. Over the last 25 years, we have used this rich, long-term trove of information for two books and dozens of journal articles and chapters. This brief summarizes our core ideas and major findings.

The Importance of Tracking and Explaining Lives

The idea that adult criminality is the inexorable result of childhood traits and troubles is a dominant theme in the science of criminology and media coverage of crime. Connections between childhood and adult behavior certainly do exist, but our research has been premised on the realization that findings about crime can be distorted when scholars start with adult offenders and then ask about their childhoods. In this retrospective approach, adult criminals regularly turn out to have been troubled children with early histories of delinquency. It is easy to jump to the simple, seductive conclusion that “bad boys grow up to become bad men.”

But if we start with children and follow lives forward for many years, we find considerable heterogeneity in adult outcomes. For example, although it is easy to presume that most antisocial children will become involved in delinquency as adolescents and then graduate to adult offending, in fact most antisocial children cease offending by adulthood. Although long-term research is challenging to carry out, only what scholars call “longitudinal prospective data”—that is, information repeatedly collected as particular children become adolescents and then younger and older adults—can allow researchers to shed full light on complex causal processes playing out over many years in people’s lives. Yet even repeatedly collected data are not sufficient. Also needed is a life-course theory of crime to make sense of the underlying patterns. more...

Fights over the laws governing voting rights are nothing new – but 2014 is shaping up to be a big year for court decisions that will determine whether millions of Americans will face new and unnecessary barriers at the polls. Since the disputed 2000 elections, states have increasingly moved to change voting rules, and litigation on these issues has more than doubled. In June 2013, the United States Supreme Court decided in Shelby County v. Holder to strike down a key provision of the 1965 Voting Rights Act that had long required states with a history of discrimination to “pre-clear” proposed voting rule changes with the U.S. Department of Justice. Republican-led states have since redoubled efforts to restrict voting – and civil rights groups and the Justice Department have responded by filing new challenges. In 2014, the courts will weigh in, revealing what role, if any, U.S. judges will play in checking moves to make voting harder. more...

Members of Congress are typically identified by party affiliation, perhaps with modifiers such as “moderate” or “tea party.” Journalists describe legislators that way; so do political scientists, albeit with more precise measures of ideological positions. When citizens enter the voting booth to choose their representatives, they rely on party identification, biographical snippets, and perhaps positions on high-profile issues. But when the election is over, the main responsibility of members of Congress goes beyond being a partisan or an ideologue. First and foremost, members are lawmakers. Unless representatives write laws and push them forward in committees and on the floor of the legislature, national policies do not change. more...

Across the United States, tens of millions of residents have been arrested for violating marijuana laws. Arrests for offenses related to marijuana have increased dramatically since 1992. In 2010 alone, there were 853,838 arrests. Remarkably, more than half of all drug-related arrests that year involved marijuana alone. And almost nine of every ten people apprehended for marijuana offenses are charged with mere possession, not sales or distribution.

America’s efforts to reduce marijuana use over the past four decades have largely depended on arrest, imprisonment, incarceration—and, recently, the seizure of private property through asset forfeiture laws. The aim of such heavy legal firepower is to deter potential consumers, reduce marijuana use, limit availability, and increase the price of the drug. But existing research suggests that these goals have not been achieved. Instead, prices have declined and increasingly potent marijuana has become more readily available to growing numbers of users—even as arrests have climbed. Developments are not the same in all states and localities, but overall there is no clear indication that intensified enforcement decreases marijuana use. more...