Law& Social Inquiry & Social Inquiry

Journal of the American Bar Foundation Dedicated to the Study of Law, Legal Institutions, and Legal Processes Published by Blackwell Publishing, Inc.

Editors John P. Heinz Christopher Tomlins ReviewSection Editor Howard S. Erlanger Associate Editors Bonnie Honig Joanne Martin Tracey Meares Editorial Coordinator Lila M. Stromer

Editorial Board

Richard Brooks, Law and , Yale University Ronit Dinovitzer, , University of Toronto Phoebe C. Ellsworth, , University of Michigan David Engel, Law, New York University William Forbath, Law and , University of Texas School of Law David Garland, Sociology, New York University Robert W. Gordon, History, Yale Law School, Yale University Joel Grossman, and Law, Johns Hopkins University Gillian Hadfield, Law and Economics, University of Southern California Christine Harrington, Political Science, New York University School of Law Milton Heumann, Sociology, Political Science, Rutgers University Wolf Heydebrand, Sociology, New York University Heinz Klug, Law, University of Wisconsin, Madison Lewis A. Kornhauser, Economics, New York University School of Law Edward o. Laumann, Sociology, University of Mindie Lazarus-Black, Criminal Justice and , University of Illinois at Chicago . MacCoun, Law and Public Policy, University of Califorrnia, Berkeley Anne M. Piehl, Economics, Harvard University Robert Post, Law, Yale Law School, Yale University Annelise Riles, International Law, Cornell University Mary Rose, Psychology, University of Texas at Austin Rebecca L. Sandefur, Sociology, Stanford University Ann Southworth, Law, Case Western Reserve University David Tanenhaus, History, University of Nevada, Las Vegas Mariana Valverde, Criminology, University of Toronto Barbara Yngvesson, Anthropology, Hampshire College Albert H. Yoon, Law, Law & Social Inquiry

Volume 31, Number 1, Winter 2006

ARTICLES

Definitions of the Family as an Impetus for Legal Change in Custody Decision Making: Suggestions from an Empirical Case Study Mellisa Holtzman

"Jurisdictional Politics" in the Occupied West Bank: Territory, 39 Community, and Economic Dependency in the Formation of Legal Subjects Tobias Kelly Beyond Global Convergence: Conflicts of Legitimacy in a Chinese 75 Lower Court Sida Liu Through the Back Door: Applying Theories of Legal Compliance to 109 Illegal Immigration During the Chinese Exclusion Era Emily Ryo

REVIEW ESSAYS 147

American Exceptionalism and Racialized Inequality in American 149 Capital Punishment Paul J. Kaplan Constitutions and Empires 177 Lauren Benton The Law, Religion, and State Making in the Early Modern World: 199 Protestant Revolutions in the Works of Berman, Gorski, and Witte A. G. Roeber

Communities and Culture: Enriching Legal Consciousness and 229 Legal Culture Anna..Maria Marshall

BOOK NOTES 251 Publication Policy

The purpose of Law and Social Inquiry is to promote research and writing dedicated to the study of law, legal institutions, legal processes and individuals' interactions with legal systems, undertaken from a socio­ legal perspective. The editors invite the submission of manuscripts that make original contributions to the understanding of sociolegal processes. Law & Social Inquiry considers both empirical analyses and theoretical studies without restriction as to time or place. Law & Social Inquiry embraces the broad range of perspectives current in contemporary social science and humanities disciplines. Law & Social Inquiry is a refereed journal that practices double-blind peer review. Manuscripts deemed appropriate for the journal are evaluated by two or more referees with expertise in the relevant subject matter and methodology. Manuscripts are rendered anonymous prior to review; referees are not identified to authors. The American Bar Foundation (ABF) is an independent, nonprofit national research institute committed to objective empirical research on law and legal institutions. The Foundation's program of sociolegal research is conducted by an interdisciplinary staff of Research Fellows trained in such diverse fields as law, sociology, psychology, political science, economics, history, and anthropology. The American Bar Foundation is the preeminent resource for lawyers, scholars, and policy makers seeking analyses of the theory and functioning of law, legal institutions, and the legal profession. The Foundation's work is supported by the American Bar Endowment, by The Fellows of the American Bar Foundation, and by grants for particular research projects from private foundations and government agencies. The Foundation (Director Robert L. Nelson) is located at 750 North Lake Shore Drive, Suite 400, Chicago, Illinois 60611. Further information about Foundation programs and activities can be found at: www.abf-sociolegal.org. For information specific to Law & Social Inquiry choose the publications menu on the ABF website or go directly to www.abf,sociolegal.org/lawsoc.html. Manuscripts submitted to Law & Social Inquiry by ABF Research Fellows are evaluated in the same fashion as all other manuscripts received, and are accorded no special privilege or priority in publication. ARTICLES: Send article manuscripts and general correspondence to: lsi,[email protected]. The mailing address: Editor, Law and Social Inquiry, The American Bar Foundation, 750 North Lake Shore Drive, Suite 400, Chicago, Illinois 60611. Telephone: 312,988,6517. Fax: 312,988,6611. ARTICLES should be submitted via e...mail attachment. REVIEW ESSAYS: Send books for review and inquiries regarding review essays to: Howard S. Erlanger, Review Section Editor, Law & Social Inquiry, Institute for Legal Studies, Law School, University of Wisconsin, Madison, WI 53706. Telephone: 608,263,7405. Fax: 608,238,8003. Evmail: [email protected]. Please note that Law & Social Inquiry publishes review essays and short book notes but not traditional book reviews. Law & Social Inquiry will not consider any manuscript concurrently submitted for publication elsewhere. Submission of a manuscript commits the author to publish the manuscript in Law& Social Inquiry if accepted for publication by the Editors. Manuscript Preparation and Submission Guidelines: Manuscripts submitted to Law& Social Inquiry should be prepared using MSWord or Corel WordPerfect. Please use Times New Roman 12pt font. Article manu, scripts should be double-spaced throughout, including footnotes/endnotes. Article manuscripts must be accompanied by an abstract of no more than 150 words. Please provide a title page as a separate document, including all author,identifying and contact information. Article manuscripts in excess of 80 pages (20,000 words) inclusive of notes and citations will be considered only in exceptional circumstances. For complete submissions instructions, please see www.blackwellpublishing.comfLSI. Accepted Manuscripts: Manuscripts that are accepted for publication must be brought into full conformity with Law & Social Inquiry style. Detailed instructions can be found at www.blackwellpublishing.com/l.Sl and http://www.blackwellpublishing.com/pdf/Manuscript_Guide.pdf. Accepted manuscripts are copy-edited for style but not substance; authors remain responsible for citation accuracy and for all statements of fact or opinion. Authors are given an opportunity to review edited manuscripts and/or proofs. Off..Prints to Authors: The Publisher provides each contributor with one free PDF offprint of his/her article. 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Any permission fees will be retained by the Journal. All requests to adapt substantial parts of the Article in another publication (including publication by Blackwell Publishing) will be subject to the author's approval. Law & Social Inquiry (lSSN 0897..6546 [print], ISSN 1747 ..4469 [onlinej) is published quarterly for the American Bar Foundation by Blackwell Publishing, with offices at 350 Main Sr., Malden, MA 02148 USA, and PO Box 1354, 9600 Garsington Road, Oxford OX4 2DQ, UK and PO Box 378 Carlton South, 3053 Victoria, Australia. 2006 Subscription Rates The Americas** Rest of the World*** Institutional premium rate* $198 £ 118 Personal print + online $42 £27/$40 University faculty print + online $37 £24/$36 Students print + online $29 £21/$32 *Includes online access to full-text articles from 1997 to present where available. Other print and online only rates are also available. 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The Editors wish to thank the following reviewers whose careful evaluations and helpful recommendations have greatly assisted us in selecting manuscripts during the previous year for Law & Social Inquiry. We are grateful for their willing contri... but ions for expertise and judgment, which help to maintain LSI's high standards for scholarly work in sociolegal studies.

Ajzenstat, Mimi Fernandes, Leela Heimer, Karen Macklin, Audrey Albiston, Catherine Fikes, Kesha Heydebrand, Wolf Malaby, Thomas Albonetti, Celesta Fiske, Susan Heyer, Katharina Mark, Gregory Alter, Karen Fleury-Steiner, Hicks, James Marshall, Anna, Banner, Stuart Benjamin Ho, Engseng Maria Barnes, Mario Forbath, William Huang, Peter Martin, Andrew Beisel, Nicola Ford, Richard Hull, Kathleen Mather, Lynn Blomley, Nicholas Gessner, Volkmar Hulsebosch, Daniel Matoesian, Gregory Bosniak, Linda Gillman, Howard [oerges, Christian Maurer, William Braithwaite, John Gilsenan, Michael Kahan, Dan McAdams, Richard Brinig, Margaret Ginsburg, Tom Kamin, Sam McCaffery, Edward Brinks, Daniel Glasius, Marlies Kamir,Orit McCann, Michael Buntin, Jennifer Goldberg,Hiller, Kelemen, Daniel McCoy, Candace Caldwell, Roslyn Jonathan Kelly, Erin Meeker, James Canady, Margot Goldman, Sheldon Kersch, Ken Meidinger, Errol Carp, E. Wayne Goldsmith, Jack Kirkland, Anna Michelson, Ethan Chanock, Martin Goluboff, Risa Klug, Heinz Miyazaki, Hiro Clarkson, Gavin Gorman, Elizabeth Knop, Karen Monsma, Karl Coles, Kimberley Gouws, Amanda Koppelman, Andrew Moran, Rachel Coutin, Susan Graber, Mark Kornbluh, Felicia Moustafa, Tamir Crosby, Faye Greene, Kyra Koskenniemi, Martti Nelken, David Cunningham, Clark Greenhouse, Carol Krieger, Linda Nielsen, Laura Beth Dempsey, Michelle Greenstone, Michael Kumm, Mattias Oberman, Michelle Dinovitzer, Ronit Greer, Scott Lahav, Pnina Oomen, B.M. Dixon, Jo Gross, Ariela Landau, Simha Paul, Jeremy Drassinower, Gross, Samuel Lazarus,Black, Perry, Richard Abraham Grossman, Joel Mindie Pottage, Alain Dubber, Markus Hale, Charles R. Leo, Richard Powe, Lucas Duxbury, Neil Haney Lopez, Ian Levine, Murray Price, Bruce Eisenberg, Theodore Harrington, Lindau, Stacey Rachlinski, Jeffrery EI,Haj, Nadia Christine Liu, Sida Radford, Gail Erez, Edna Hayden, Robert Lynch, Mona Razack, She rene Farmer, Lindsay Heimer, Carol Lyon, Thomas Reichman, Nancy

© 2006 American Bar Foundation. LAW & SOCIAL INQUIRY

Reskin, Barbara Savelsberg, Joachim Spindelman, Marc Twining, William Riles, Annelise Schlegel, John Sterling, Joyce Tyler, Tom Roberts, Dorothy Schor, Miguel Stevens, Mitchell Venkatesh, Sudhir Robinson, Paul Sebba, Leslie Stinchcombe, Arthur Weisberg, Robert Rosenberg, Gerald Seron, Carroll Strange, Carolyn Whitford, William Rostain, Tanina Shamir, Ronen Sturm, Susan Wilson, Steve Sandefur, Rebecca Sheridan, Clare Toope, Steven Wu, Frank Sanger, Carol Silbey, Susan Torgler, Benno Young, Mary Santos, Boaventura Simpson, Brian Trubek, David Yurako, Kim Sarat, Austin Spera, James Turkel, Gerald