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Inmate labor fuels prisons. The incarcerated work in prison industries that collaborate with private corporations. Fair labor laws do not apply to prisons, where it is common for inmates to earn less than one dollar per hour. But involvement with the criminal justice system continues to shape and hinder the future employment and earnings of the formerly incarcerated long after they have been released. In this issue of RSF, edited by sociologist Sandra Susan Smith and legal scholar Jonathan Simon, an interdisciplinary group of scholars analyze how the criminal justice system acts as a de facto labor market institution by compelling or coercing labor from the justice-involved. 

The social and economic effects of criminal justice involvement are widespread, with almost seven million people under some form of direct supervision. The contributors to this issue examine how the criminal justice system affects the livelihood and families of both the incarcerated and formerly incarcerated. Cody Warner, Joshua Kaiser, and Jason Houle explore how “hidden sentences” --restricted access to voting rights, public housing, and professional licensing--negatively impact labor market outcomes for young adults with criminal records. Michele Cadigan and Garbriela Kirk look at the burden of court fees and fines, or legal financial obligations, that place a strain on the work commitments and resources of low-income people. Joe LaBriola sheds new light on how employment affects recidivism; he shows that parolees who find high-quality jobs, such as in the manufacturing industry, are less likely to return to prison than those employed in low-quality jobs. Noah Zatz and Michael Stoll demonstrate how the threat of imprisonment for nonpayment of child support coerces labor among noncustodial fathers, particularly African-American men. Allison Dwyer Emory and her coauthors show that previously incarcerated fathers are less likely to pay either formal or informal cash child support or offer in-kind assistance to their children’s mothers.

This issue of RSF is a timely contribution to the field of scholarly literature that illuminates the far and often destructive reach that the criminal justice system has on those whose lives it touches. It advances our understanding of how the system functions as a labor market institution and the price it extracts from those involved with it. 

This is an auto-narrated audiobook edition of this book.

A rich history of the development of American minimum wage policy with lessons for today.

Despite broad popular support for robust minimum wage policy, the federal minimum wage is now worth less—in real, inflation-adjusted terms—than at any time since 1949. While some state and local governments have stepped in to fill this void, others have declined to set any minimum wage standard at all. Traversing more than 100 years of history, Raising the Floor examines how interest groups have navigated the highly decentralized American political system to shape the development of federal, state, and local minimum wage laws.

In her analysis, Shanna Rose highlights the importance of American federalism. She argues that because federalism creates multiple arenas for policy change, interest groups have sought out the sites most conducive to their goals, shifting their lobbying efforts as new obstacles and opportunities emerge. Federalism has facilitated minimum wage policymaking by fostering policy experimentation, learning, and diffusion across states and by allowing state and local governments to overcome gridlock and status-quo biases at the national level. Yet, federalism has also been an instrument for containment, enabling those opposed to minimum wage increases to litigate and preempt local-level laws.

With rich historical chapters that illuminate different phases in the development of today’s patchwork of wage standards, Raising the Floor is a deep examination of the past, present, and future of American minimum wage law.

The Credible Messenger Mentoring Initiative (CMMI), launched in New York City in 2012, is a transformative program where adults who had been in the justice system serve as mentors, role models, and life coaches for 16- to 24-year-olds. The program socializes and empowers these at-risk and formerly incarcerated youth offenders, diverting them from juvenile justice institutions and rehabilitation centers. It aims to build trust, deepen their ties to their community and family, and help them become peacemakers and role models for other youths.

Real Recognizes Real is the first in-depth study of the CMMI, focusing on the Washington, DC branch of the program, which is becoming a model for a new movement of anti-violent interventions. It shows the advantages of the CMMI being built on the love that members of a community have for one another rather than on outside intervention. The authors also explain how this state-run, non-profit program reduced recidivism rates and helped its participants, youth and mentors alike, develop more meaningful and lasting relationships.

Featuring interviews with youths and their mentors, Real Recognizes Real evaluates the successes, challenges, failures, and lessons of the CMMI, while emphasizing its value in the campaign for juvenile justice reform.

In the series Studies in Transgression

An indispensable introduction to legal reasoning, updated for today’s political and legal environment.

Since it was first published nearly five decades ago, Reason in Law has become the starting point for understanding legal reasoning, a critical component of the rule of law. The editors show how judges can integrate all the elements of a case to persuasively explain their rulings—and, even more importantly, why they sometimes fail to do so. Drawing on cases old and new, Reason in Law enables readers to become sophisticated “judges of judging.”

Now in its tenth edition, Reason in Law includes a new chapter on the increasingly contentious and politically consequential field of administrative law and addresses recent developments in the American legal landscape, including growing conservatism in the federal judiciary and the flood of lawsuits brought against the second Trump administration. It also analyzes new cases on the First Amendment rights of high schoolers, transgender civil rights, the responsibilities universities have for student safety, Donald Trump’s sweeping claims of executive power, and historic Supreme Court decisions expanding the rights of gun owners and allowing states to criminalize abortion. As always, Reason in Law connects legal theory with empirical research on the American judicial system, showing how trustworthy legal reasoning helps preserve social peace and the rule of law.

This book publishes for the first time the complete text of Dring’s handwritten manuscript, a major primary-source document, in which he describes the horrible conditions, treatment by guards, and experiences that he and others endured during captivity. Recollections of Life on the Prison Ship Jersey is a plea not to forget but instead to remember the inhumanity of the captors and the sacrifices of the captives—a message that continues to resonate today. Editor David Swain has provided an introductory essay and extensive notes that contain background information and historical documentation to accompany and illuminate the original manuscript.

Is the language of rights enough to foster real social and political change? Nivedita Menon explores the relationship between law and feminist politics by examining the contemporary Indian women's movement with comparisons to France and the United States. She argues that the intersection of feminist politics, law, and the state often paradoxically and severely distorts important ethical and emancipatory impulses of feminism.

Menon reviews historical challenges to the liberal notion of rights from Marxist, feminist, postcolonial, and critical legal scholars, and analyzes current Indian debates on topics including abortion, sexual violence, and Parliamentary quotas for women. Far from being a call to withdraw from the arena of law, Recovering Subversion instead urges feminists everywhere to recognize the limits of "rights discourse" and pleads for a politics that goes beyond its boundaries.

Tracing identity, law, and legacy in an inheritance dispute that reveals the intersection of two cultural and legal systems: Creek Indian and Euro-American.

In 1846, in the Chancery Court of Mobile, Alabama, William “Red Eagle” Weatherford’s son, by the Indian woman Supalamy, sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.

Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past events that complement the narratives of professional historians.
 

CONTRIBUTORS: David I. Durham / Robbie Ethridge / Judith Knight / J. Anthony Paredes / Paul M. Pruitt Jr. / Nina Gail Thrower / Robert Thrower / Gregory A. Waselkov
 

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents.
 

Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.