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This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts’ autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.
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Closing Open Government: Grassroots Policy Conversion of China’s Open Government Information Regulation and Its Aftermath
How and when do opportunities for political participation through courts change under authoritarianism? Although China is better known for tight political control than for political expression, the 2008 Open Government Information (OGI) regulation ushered in a surge of political-legal activism. We draw on an original dataset of 57,095 OGI lawsuits, supplemented by interview data and government documents, to show how a feedback loop between judges and court users shaped possibilities for political activism and complaint between 2008 and 2019. Existing work suggests that authoritarian leaders crack down on legal action when they feel politically threatened. In contrast, we find that courts minted, defined, and popularized new legal labels to cut off access to justice for the super-active litigants whose lawsuits had come to dominate the OGI docket. This study underscores the power of procedural rules and frontline judges in shaping possibilities for political participation under authoritarianism.
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- Award ID(s):
- 1738411
- PAR ID:
- 10312081
- Date Published:
- Journal Name:
- Comparative Political Studies
- ISSN:
- 0010-4140
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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- Free Publicly Accessible Full Text
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Accepted Manuscript1.0
- Journal Article:
- https://doi.org/10.1177/00104140211024314
