Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of field observations (...) and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate. (shrink)

Multi-method research is any research that uses more than one research technique or strategy to study one or several closely related phenomena. This method is described by triangulation. This article examines the multi-method tradition in empirical legal research, defines basic concepts, discusses when and why multi-method research is useful, and how the different actions of research can provide unique approaches to the same questions. It explores examples of projects to demonstrate how research that employs multiple tactics for observing and understanding (...) is more reliable than a single study if the studies are of comparable quality. At the same time, multi-method research comes with great costs and risks that must be considered at the outset of such a project as well as during the project itself. However, it is speculated that multi-method research is perhaps the most effective way to understand the relationship between law and society. (shrink)

The essays in this volume are based on the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights. The essays are contributed by (...) political scientists, historians, lawyers, and sociologists. (shrink)