Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities has become a necessary practice in the context of the so-called interlegal communication (Vogt, 2004). To comprehend the differences and subtleties regarding legal communication between the Common law and the Continental law countries (and, more specifically, Spain), involves unveiling some essential clues for their translation and application in the global scope of professional interactions. This paper attempts a pragmatic, but also generic, analysis at textual, cognitive and formal, or superficial, strata, of two types of genre within the domain of public and private law, namely wills and tenancy agreements or leases. The outcome of the current study endeavours to further enlightening the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the said translation, application and eventual training in those genres, within the context of these specialist communities in both languages, English and Spanish.

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Past research by legal scholars and practitioners, including the American Bar Association, has found lower income people must deal with a broad array of laws and legal processes that directly impact their daily lives and, for more than those with greater means, often determined their very ability to survive. Researchers at the Poverty Research Institute of Legal Services of New Jersey have conducted an independent study of the legal needs of lower income New Jersey residents. The study addresses the overarching question of whether lower income New Jersey residents are receiving the legal assistance they need to help them face legal problems and concludes that a significant gap in services exists.

The New Jersey Legal Problems, Legal Needs study consists of analysis from 1013 interviews with lower income residents. Survey methodology incorporated a statewide random digit dial sampling strategy, the next birthday method for within household randomized selection, and participant income screening. Survey field period lasted 4 months and attempts were made to screen for eligibility at least 12 times per telephone number. When AAPOR’s RR3 formula is utilized, the survey has a response rate of 50 percent-.

Key findings include that one third of New Jersey’s English or Spanish speaking residents with incomes at or below 200 percent- of the federal poverty level experience the occurrence of at least one new civil legal problem each year. The most frequently occurring civil legal problems are related to housing and neighborhood issues. Less than one third (31 percent-) of lower income adults who experience new civil legal problems will obtain legal assistance during just one year. Those who do not seek to resolve legal problems rate outcome satisfaction lower than those who seek legal assistance. Only 8 percent- of lower income residents are aware of lawyer referral services and only 26 percent- are aware of agencies in their counties that provide free legal services in civil matters to individuals otherwise unable to afford legal assistance.

The full report was recently released, but has not yet been presented at an academic conference. It is available at http://www.lsnj.org under publications and then under reseach and substative

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The monocultural legal thinking of Western modernity is being being confronted by a new ecology of legal knowledges whereby the terms of legal/political inclusion and exclusion are reconfigured. A new critical theory of law is called for.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper examines people’s knowledge, perception and attitudes towards anti-discrimination law in the Netherlands. It draws on a recent evaluation study of this legislation which included a large survey, several case-studies and extensive open-ended interviews. The analysis of these empirical data is based on a critical discussion of the legal consciousness literature. Unlike most previous studies, this study is not limited to the knowledge and opinions of ‘ordinary citizens’, but includes the views of several legal professionals as well. Moreover, in this study special attention will be paid to the social and personal context of people’s perceptions of anti-discrimination law.

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The legal socialization model proposes that legal attitudes mediate the relation between legal reasoning and rule-violating behavior. The purpose of the current study was to determine if the legal socialization model was the same for young adolescents and old adolescents. A cohort of sixth graders (n=453) (young adolescents) and a cohort of ninth graders (n=473) (old adolescents) answered a questionnaire which had demographic questions, a legal reasoning scale, a rule-violating behavior scale, a scale that measured normative status (how much they approved of rule-violating behavior) and enforcement status (how much they approved of enforcing rules against rule-violating behaviors). For old adolescents, there was a direct as well as an indirect relation between legal reasoning and rule-violating behavior for assault, stealing, and substance behaviors. For young adolescents, normative status (approval of the behaviors) and enforcement status (approval of enforcing rules against the behaviors) mediate the relation between legal reasoning and rule-violating behavior for assault and substance rule-violating behavior. In contrast, for young adolescents, normative status mediates the relation between legal reasoning and rule-violating behavior for stealing. The predicted mediating model worked only for young adolescents but not for old adolescents. The implications for interventions will be discussed.