Books by Austin Sarat

Book SynopsisTrade ReviewBob Cover was and remains the dominant voice of his generation among legal scholars. These essays, each one magnificent in itself, are, when taken together, even more important. The wisdom they impart is forever." —Guido Calabresi, Dean and Sterling Professor of Law, Yale University"Robert Cover drew his sources for the authority of law —for its violence, but also for its paideic potential— from the structuring stories that spark our communal imaginations. Literally until the day of his untimely death, his irreplaceably restless spirit was binding itself with the pages of the Midrash, of The Brothers Karamazov, of Billy Budd, Sailor. It is for us now to work also with these--Bob Cover's stories." —Richard Weisberg, Benjamin N. Cardozo Law School, Yeshiva University"The writings of Robert Cover were usually provocative, sometimes exasperating, but always relevant. In his last years, he concentrated on Jewish sources as well as mystical and Messianic thought. This collection of his articles is a thesaurus of some of his finest writings." —Robert F. Drinan, S.J., Georgetown University Law Center

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Book SynopsisWeapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants ""mistrust the people and deprive them of their arms."" Today ownership of weapons - whether handguns or military-grade assault weapons - poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights.The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.

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Book SynopsisThis volume of Studies in Law, Politics, and Society brings together an international and interdisciplinary array of scholars to explore issues around citizenship and the law. Topics covered include the constitutive nature of citizenship laws and the often complex and unsettled evolutionary journeys such laws take, how undocumented migrants in the United States have coped with being 'unlawful', the close connection between immigration enforcement and citizenship rights in the United States, a sociological and historical reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and a study of the expressive components of humanitarian activism in the context of immigration enforcement on the border between the United States and Mexico. Through its valuable contribution to our understanding of the relationship between law and citizenship, this volume is essential reading for legal scholars worldwide.Table of ContentsChapter 1. Constituting citizenship – the evolution of Australian citizenship law; Elisa Arcioni Chapter 2. Discovering Yourself a Stranger; John S.W. Park Chapter 3. Denying Citizenship: Immigration Enforcement and Citizenship Rights in the United States; Emily Ryo and Ian Peacock Chapter 4. Citizenship, Democracy and the Transformation of Public Law; Christopher Thornhill Chapter 5. All the Border’s a Stage: Humanitarian Aid as Expressive Dissent Protected by the First Amendment; Jason A. Cade

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Book SynopsisLawyers in the US are frequently described as hired guns, willing to fight for any client or advance any interest. But there are others, those the authors call cause lawyers, who refuse to put aside their own convictions while they do their legal work. This book explores their work and the role of moral and political commitment in their practiceTrade Review"This superb new book . . . is a rich synthesis of several decades of research on cause lawyers and cause lawyering. . . . [It] is a must-read for all scholars and students interested in cause lawyers and the intersection between law and politics in the U.S."—The Law and Politics Book Review"Scheingold and Sarat have produced an excellent synthesis of the existing research on cause lawyers and lawyering. They have done us all a great service in writing this new book."—Law and Politics Book Review"Something To Believe In is a thoughtful and intellectual study of an approach to practicing law that elevates principle over pragmatic self-interest."—TRIAL"Two political scientists provide a brief and fascinating overview of 'cause lawyering,' or the use of legal skills to pursue ideological goals that transcend traditional client service."—California LawyerTable of ContentsContents Acknowledgments 1. Cause Lawyering and Conventional Lawyering: Professional and Political Perspectives 2. Cause Lawyering, Civic Professionalism, and the Organized Legal Profession: A Brief History 3. Beating the Odds: Cause Lawyering and Legal Education 4. Careers in Cause Lawyering: Risks and Rewards 5. Cause Lawyers and Liberal Democracy: On the Possibilities of Democratic Advocacy 6. Conclusion: Cause Lawyering in Compoarative and Global Perspective Notes References Index Library of Congress Subject Headings for this publication: Public interest law United States, Practice of law Political aspects United States, Practice of law United States Moral and ethical aspects

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Book SynopsisThe essays assembled in How Law Knows provide a sample of the diversity, responsiveness, and influence that law's knowledge practices have on legal outcomes and the world beyond law.Trade Review"This work raises new questions while also reexamining standard socio-legal issues in refreshing ways. The result is a rich and innovative look at the routines of truth seeking and fact finding."—Patricia Ewick, Clark University"How Law Knows is a useful and interesting collection addressing law's ways of knowing. The authors reveal that the establishment and organized use of legal facts is varied, historical, and amenable to a rich and diverse set of methods of inquiry."—Jon Goldberg-Hiller, University of Hawaii, ManoaTable of ContentsContents contributors000 Complexity, Contingency, and Change in Law's Knowledge Practices: An Introduction000 austin sarat, lawrence douglas, and martha merrill umphrey with connor clarke "Fact" and the Proof of Fact in Anglo American Law c. 1500-1850000 barbara j. shapiro Theoretical and Methodological Issues in the Study of Legal Knowledge Practices000 mariana valverde Legal Realism as Psychological and Cultural (Not Political) Realism000 Donald Braman and Dan M. Kahan How Law Knows in the American Trial Court000 robert p. burns Fact-Finding in Constitutional Cases000 david l. faigman index000

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Book SynopsisThe study of catastrophe is a growth industry. Today, cosmologists scan the heavens for asteroids of the kind that smashed into earth some ninety million years ago, leading to the swift extinction of the dinosaurs. Climatologists create elaborate models of the chaotic weather and vast flooding that will result from the continued buildup of greenhouse gases in the planet''s atmosphere. Terrorist experts and homeland security consultants struggle to prepare for a wide range of possible biological, chemical, and radiological attacks: aerated small pox virus spread by a crop duster, botulism dumped into an urban reservoir, a dirty bomb detonated in a city center.Yet, strangely, law''s role in the definition, identification, prevention, and amelioration of catastrophe has been largely neglected. The relationship between law and other limiting conditionssuch as states of emergencyhas been the subject of rich and growing literature. By contrast, little has been written about law andTrade Review"Law and Catastrophe is an edited collection that explores this inextricable and symbiotic relationship between these two concepts in the short span of five chapters. It presents to the reader a witty and often engaging group of literary essays that dissect various guises of how law and catastrophe interpenetrate."—Law and Politics Book Review"Law and Castastrophe offers a diverse and fascinating set of essays. There has never been a more urgent need for such a work on catastrophe and law." —Anthony J. Sebok, Brooklyn Law School"This cogent work is based on the insight that, even when it proves itself palpably unable to deal with catastrophe, law can yet reassert itself, reproducing the bases of its authority over and over again. Indeed, this very act of reassertion is revealed to be the basis of legal authority itself. This book is a must read for any scholar interested in seeing the performance of law when its veneer of total control and stability have been stripped away." —James R. Martel, San Francisco State UniversityTable of ContentsContents Acknowledgments 000 Contributors 000 A Jurisprudence of Catastrophe: An Introduction 000 Lawrence Douglas, Austin Sarat, Martha Umphrey Catastrophe: Plowing Up the Ground of Reason 000 Linda Ross Meyer Catastrophes and Humanitarian Corporate Responsibility: A Conceptual Critique 000 Ronen Shamir Political Catastrophe and Liberal Legal Desire: Two Stories of Revolution, Remediation, and Return from the French Nineteenth Century 000 Sylvia Schafer Committed to Memory: Rebecca West's Nuremberg 000 Ravit Pe'er-Lamo Reichman Mandating the National Memory of Catastrophe 000 James E. Young Index 000

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Book SynopsisThe subject of rights occupies a central place in liberal political thought. This tradition posits that rights are entitlements of individuals by virtue of their personhood and that rights stand apart from politics. These essays question these assumptions and examine how rights constitute us as subjects and are implicated in political struggles.Trade Review...Sarat and Kearns have compiled a formidable collection. The essays are varied, theoretically sophisticated, nuanced, cogently written and generally accessible."" —Carl F. Stychin, Social & Legal Studies

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Book SynopsisThe Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty--three original essays by an international group of expert scholars examine a wide range of critical questions.Trade Review"This collection of law and society scholarship fills a gap that many of us in the field have lamented for years. Encyclopedic in scope, it manages to represent the rich diversity of the field while still making a strong case for a law and society "canon". It is bound to become a classic." Kitty Calavita, University of California, Irvine "Austin Sarat and his contributors have compiles a valuable and authoritative introduction to a substantial body of scholarship and reflection on the relationship between law and society. this will be an essential resource for both novice and experienced workers in this field." Robert Dingwall, University of NottinghamTable of ContentsPreface. List of Contributors. 1. Vitality Amidst Fragmentation: On the Emergence of Post-Realist Law and Society Scholarship:. Austin Sarat (Amherst College). Part I: Perspectives on the History and Significance of Law and Society Research:. 2. Law in Social Theory, And Social Theory in the Study of Law: Roger Cotterrell (University of London). 3. Profession, Science, and Culture: An Emergent Canon of Law and Society Research: Carroll Seron (Baruch College of the City University of New York) and Susan S. Silbey (M.I.T). Part II: The Cultural Life of Law:. 4. The Work of Rights and the Work Rights Do: A Critical Empirical Approach: Laura Beth Nielsen (American Bar Foundation). 5. Consciousness and Ideology: Patricia Ewick (Clark University). 6. Law in Popular Culture: Richard Sherwin (New York Law School). 7. Comparing Legal Cultures: David Nelken (University of Macerata). Part III. Institutions and Actors:. 8. The Police and Policing: Jeannine Bell (Indiana University). 9. Professional Power: Lawyers and the Constitution of Professional Authority: Tanina Rostain (New York Law School). 10. Courts and Judges: Lee Epstein (Washington University) and Jack Knight (Washington University). 11. Jurors and Juries: Valerie P. Hans (University of Delaware) and Neil Vidmar (Duke University). 12. Regulators and Regulatory Processes: Robert Kagan (University of California, Berkeley). 13. The Legal Lives of Private Organizations: Lauren B. Edelman (University of California-Berkeley). Part IV. Domains of Policy:. 14. Legal Regulation of Families in Changing Societies: Susan Boyd (University of British Columbia). 15. Culture, “Kulturkampf” and Beyond: The Antidiscrimination Principle Under the Jurisprudence of Backlash: Francisco Valdes (University of Miami). 16. The Government of Risk: Pat O’Malley (Carleton University). 17. Thinking About Criminal Justice: Socio-Legal Expertise and the Modernization of American Criminal Justice: Jonathan Simon (University of California, Berkeley). 18. Rights in the Shadow of Class: Poverty, Welfare, and the Law: Frank Munger (New York Law School). 19. Immigration: Susan Sterett (University of Denver). 20. Commodity Culture, Private Censorship, Branded Environments, and Global Trade Politics: Intellectual Property as a Topic of Law and Society Research: Rosemary J. Coombe (York University). 21. Legal Categorizations and Religion: On Politics of Modernity, Practices, Faith, and Power: Gad Barzilai (Tel-Aviv University). 22. The Role of Social Science in Legal Decisions: Jonathan Yovel (University of Haifa) and Elizabeth Mertz (University of Wisconsin). Part V. How Does Law Matter?. 23. Procedural Justice: Tom Tyler (New York University). 24. A Tale of Two Genres: On the Real and Ideal Links Between Law & Society and Critical Race Theory: Laura Gomez (UCLA). 25. The Constitution of Identity: Gender, Feminist Legal Theory and the Law and Society Movement: Nicola Lacey (Australian National University). 26. Sexuality, Law and Society: Leslie J. Moran (Birkbeck College, University of London). 27. Law and Social Movements: Michael McCann (University of Washington). 28. “The Dog That Didn’t Bark:” A Soci0-Legal Tale of Law, Democracy and Elections: Stuart Scheingold (University of Washington). Part VI. Studying Globalization: Past, Present, Future:. 29. Ethnographies of Law: Eve Darian-Smith (University of California, Santa Barbara). 30. Colonial and Post-Colonial Law: Sally Merry (Wellesley College). 31. Human Rights: Lisa Hajjar (University of California-Santa Barbara). 32. The Rule of Law and Economic Development in a Global Era: Kathryn Hendley (University of Wisconsin). 33. Economic Globalization and the Law in the 21st Century: Francis Snyder (Université d'Aix-Marseille III, Centre d'Etudes et de Recherches Internationales et Communautaires). Index

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Book SynopsisThe Worlds Cause Lawyers Make examines the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.Trade Review"The research Sarat and Scheingold present here substantially transforms our understanding of cause lawyering and the legal profession and makes an important contribution to the field. The essays in this volume represent a wide variety of cause lawyering settings, in terms of political orientation, nationality, and structure of practice." -Richard Abel, UCLA School of Law "Yet again, Sarat and Scheingold advance the cause of cause lawyering as surely the most successful collective project on the legal profession. This volume of illuminating case studies from across the world will inspire a new generation of morally and politically committed lawyers to recognize their prospects of bringing justice to an unjust world." -Terence C. Halliday, Northwestern University and Research Fellow for the American Bar FoundationTable of ContentsContents Contributors Introduction: The Dynamics of Cause Lawyering: Constraints and Opportunities 1 Austin Sarat and Stuart Scheingold Section I: Causes and the Lawyers Who Serve Them: How Do Causes Make Their Lawyers and Lawyers Make Their Causes 1. Corporate Responsibility and the South African Drug Wars: New Frontier for Cause Lawyers 37 Ronen Shamir 2. A Political-Professional Commitment? French Workers' and Unions' Lawyers as Cause Lawyers 000 Laurent Willemez 3. Professional Identities and Political Commitment among Lawyers for Conservative Causes 000 Ann Southworth 4. Economic Libertarians, Property, and Institutions: Linking Activism, Ideas, and Identities among Property Rights Advocates 000 Laura Hatcher 5. From Cause Lawyering to Resistance: French Communist Lawyers in the Shadow of History (1929-1945) 000 Liora Israel Section II: Making a Practice: Balancing Professionalism and Activism 6. Supporting a Cause, Developing a Movement, and Consolidating a Practice: Cause Lawyers and Sexual Orientation Litigation in Vermont 000 Scott Barclay and Anna-Maria Marshall 7. Exploring the Sources of Cause and Career Correspondence among Cause Lawyers 000 Lynn C. Jones 8. Dilemmas of "Progressive" Lawyering: Empowerment and Hierarchy 000 Corey S. Shdaimah 9. Negotiating Cause Lawyering Potential in the Early Years of Corporate Practice 000 Douglas Thomson Section III. Strategy and Social Capital 10. Cause Lawyers and Judicial Community in Israel: Legal Change in a Diffuse, Normative Community 000 Patricia J. Woods 11. Transgressive Cause Lawyering in the Developing World: The Case of India 000 Jayanth K. Krishnan 12. Cause Lawyering for Collective Justice: A Case Study of the Amparo Colectivo in Argentine 000 Stephen Meili 13. Asylum Law Practice in the United Kingdom after the Human Rights Act 000 Richard J. Maiman 14. ATLA Shrugged: Why Personal Injury Lawyers Are Not Public Defenders of Their Own Causes 000 Michael McCann and William Haltom AFTERWORD: In the End, or the Cause of Law 000 Peter Fitzpatrick Index

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Book SynopsisHow does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity?After centuries during which capital punishment was a normal and self-evident part of criminal punishment, it has now taken on a life of its own in various arenas far beyond the limits of the penal sphere. In this volume, the authors argue that in order to understand the death penalty, we need to know more about the cultural livespast and presentof the state's ultimate sanction. They undertake this cultural voyage comparativelyexamining the dynamics of the death penalty in Mexico, the United States, Poland, Kyrgyzstan, India, Israel, Palestine, Japan, China, Singapore, and South Koreaarguing that we need to look beyond the United States to see how capital punishment lives or dies in the rest of the world, how images of state killing are produced and consumed elseTrade Review"In fifteen chapters, they [Sarat and Boulanger] take the reader on a capital punishment odyssey through not only the US, but also central and south Asia, the Middle East, Kyrgyzstan, India, Israel, Palestine, Japan, Singapore, and South Korea. In a nutshell, this is a book well worth reading for those interested in exploring cross-cultural treatments of the death penalty."—CHOICETable of ContentsContents Contributors 000 1. Putting Culture into the Picture: Toward a Comparative Analysis of State Killing 000 Christian Boulanger and Austin Sarat Part I: Civilization and Punishment: Self and Other in Europe and the Americas 2. Nineteenth-Century Executions as Performances of Law, Death, and Civilization 000 Jurgen Martschukat 3. Seed of Abolition: Experience and Culture in the Desire to End Capital Punishment in Mexico, 1841-1857 000 Patrick Timmons 4. The Cultural Lives of Capital Punishment in the United States 000 Judith Randle 5. European Identity and the Mission Against the Death Penalty in the United States 000 Evi Girling 6. Crime and Punishment/Self versus Other: The Cultural Life of Capital Punishment Comparative Perspective of European and American Film 000 Louise Tyler 7. Capital Punishment in Poland: An Aspect of the "Cultural Life" of the Death Penalty Discourse 000 Agata Fijalkowski Part II: State Killing and State Violence in Central and South Asia and the Middle East 8. Capital Punishment in Kyrgyzstan: Between the Past, "Other" State Killings and Social Demands 000 Botagoz Kassymbekova 9. Death and the Nation: State Killing in India 000 Julia Eckert 10. Imagining the Death Penalty in Israel: Punishment, Violence, Vengeance, and Revenge 000 Shai J. Lavi 11. The Palestinian Culture of Death: Shariah and Siyasah: Justice, Political Power, and Capital Punishment in the Palestinian National Authority 000 Judith Mendelsohn Rood Part III: Paternal States, "Asian Values," and Visions of Social Order: Capital Punishment in East and Southeast Asia 12. Saving State Face: Capital Punishment in Japan 000 David T. Johnson 13. What Is Wrong with Capital Punishment? Official and Unofficial Attitudes Toward Capital Punishment in Modern and Contemporary China 000 Virgil K. Y. Ho 14. Capital Punishment and the Culture of Developmentalism in Singapore 000 Alfred Oehlers and Nicole Tarulevicz 15. Ending State Killing in South Korea: Challenging the Asian Capital Punishment Status Quo 000 Sangmin Bae Index

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Book SynopsisLaw and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and wara connection that has long vexed the jurisprudential imagination. Historically the term war crime struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under tTrade Review"Enhanced with the inclusion of a comprehensive index, Law and War is a collective work of outstanding scholarship and a highly recommended addition to academic library Judicial Studies reference collections and supplemental reading lists."—Midwest Book Review"Law and War offers deep, rigorous, and diverse reflections on the potential, and peril, for law's efforts to humanize war. This is a valuable addition in a field of growing significance to legal, political, and policy scholars, and beyond."—David Mednicoff, University of Massachusetts, Amherst

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Book SynopsisTakes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governmentsTrade ReviewIf, as all the authors in this volume concede, Bush Administration violations can be prosecuted for their alleged crimes, shouldnt we, in accordance with the rule of law, proceed with such prosecutions. This, however, is just the jumping off point. This is a great book precisely because the authors clearly succeed in demonstrating the complexity and problems with each seemingly simple solution. Neither solution, prosecuting or not prosecuting, will leave the reader completely satisfied, but this is exactly the point... Using law to legalize something which cannot be legalized raises the question of what, exactly, is the role that law plays in its own subversion. The essays in this volume take a meaningful and helpful step in the direction of answering this question. * Concurring Opinions *While we think of the crimes of the Bush-Cheney administration as lying somewhere in the past, the aggressive wars, warrantless spying, lawless imprisonment, and torture continue. This collection looks deeply into one likely way to end these crimes, namely enforcing the laws against them. Included are serious and informed voices both for and against prosecution. -- David Swanson,author of Daybreak: Undoing the Imperial Presidency and Forming a More Perfect UnionTable of ContentsAcknowledgments Introduction: Responding to Government Lawlessness: What Does the Rule of Law Require? Nasser Hussain and Austin Sarat 1 Vindicating the Rule of Law: Prosecuting Free Riders on Human Rights Claire Finkelstein 2 Guantanamo in the Province of The Hague? Daniel Herwitz 3 Universal Jurisdiction as Praxis: An Option to Pursue Legal Accountability for Superpower Torturers Lisa Hajjar 4 The Spider's Web: How Government Lawbreakers Routinely Elude the Law Stephen Holmes 5 Democracy as the Rule of Law Paul Horwitz 6 Justice Jackson, the Memory of Internment, and the Rule of Law after the Bush Administration Stephen I. Vladeck About the Contributors Index

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Book SynopsisDiscusses how the death penalty might be abolished, with particular emphasis on the debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.Trade ReviewA thoughtful discussion that is timely, well written, and deeply relevant to current public policy and law. * Library Journal *The essays, organized into three sections, are as compelling in their analyses as those in the first two collections. * Choice *Road to Abolition? makes a convincing case that there is a spreading consensus, both internationally and on our own soil, that the death penalty is an outmoded and barbaric practice. -- Ben Pesta * The Daily Journal Corporation *The Road to Abolition is a collection of work by some of the best researchers on capital punishment assessing the prospects of a future without the death penalty."- -- Aaron Lorenz * H-Humanitarian Rights *The Road to Abolition? may well become a history of the future, bringing together an impressive group of scholars who analyze the myriad social, legal, and political conditions that suggest that the end of the death penalty in America may be near. This collection of essays is provocative, creative, and deeply insightful, linking the problem of capital punishment to a series of larger debates of our time. It is a must read for anyone interested in the death penaltys past, present, and future in the United States. -- Mona Lynch,author of Sunbelt Justice: Arizona and the Transformation of American PunishmentIn this era of national rethinking of the death penalty, The Road to Abolition? makes a singular contribution. From start to finish this is a compelling book. Bringing together a series of insightful essays by distinguished scholars, Ogletree and Sarat help us take stock of the progress weve made and what remains to be done to end capital punishment. For death penalty scholars as well as activists and policy makers this is a must read. -- Sister Helen Prejean, CSJ,author of Dead Man WalkingThis timely book should be read by anyone who has a personal or professional interest in capital punishment. The chapters in this volume vividly capture both the current state and the future of the abolition movement in the United States. -- John Blume,Professor of Law, Director of the Cornell Death Penalty Project, Cornell Law SchoolTable of ContentsAcknowledgments IntroductionCharles J. Ogletree, Jr., and Austin SaratPart I 1 The Executioner's Waning Defenses Michael L. Radelet 2 Blinded by Science on the Road to Abolition? Simon A. Cole and Jay D. Aronson 3 Abolition in the United States by 2050: On Political Capital and Ordinary Acts of ResistanceBernard E. Harcourt 4 The Beginning of the End? Carol S. Steiker and Jordan M. Steiker 5 Rocked but Still Rolling: The Enduring Institution of Capital Punishment in Historical and Comparative PerspectiveMichael McCann and David T. JohnsonPart II 6 For Execution Methods Challenges, the Road to Abolition Is Paved with ParadoxDeborah W. Denno 7 Perfect Execution: Abolitionism and the Paradox of Lethal InjectionTimothy V. Kaufman-Osborn 8 "No Improvement over Electrocution or Even a Bullet": Lethal Injection and the Meaning of Speed and Reliability in the Modern Execution ProcessJurgen MartschukatPart III 9 Torture, War, and Capital Punishment: Linkages and Missed ConnectionsRobin Wagner-Pacifici 10 Making Difference: Modernity and the Political Formations of Death Peter FitzpatrickAbout the ContributorsIndex

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Book SynopsisExplores the structure of life without parole sentences and the impact they have on prisonersTrade ReviewThe authors arguments are valid and strong. * Criminal Law and Criminal Justice Book Review *Life without Paroleshould play a critical role in the discussion of crime and punishment in the United States. It should stimulate debate over the severity of life without parole sentencing, demanding that we not regard it as an automatic alternative to the death penalty, and that we scrutinize each sentence for consistency with American ideals of fairness and compassion. * Journal of African American History *An essential title for students of criminal justice. * Library Journal *An essential title for students of criminal justice. -- Frances Sandiford * Library Journal *Life Without Parole raises fundamental concerns both about the justice and the wisdom of this uniquely American phenomenon. It also poses uncomfortable questions for the reform community about the complex intersection between the death penalty and life without parole. If we hope to produce a justice system premised on human rights, we will have to find ways to respond to these challenges. Life Without Parole does a masterful job of pointing us in the right direction to begin that process. -- Marc Mauer,Executive Director, The Sentencing ProjectA timely and engaging wake-up call, Life Without Parole is the first sustained attempt to understand the meaning of the newest weapon in the American punitive armory. This provocative collection, clear-sighted in its prophetic potential, questions whether LWOP is a humane alternative to the death penalty or a fate worse than death. A must-read for all who want to understand the dark underside of twenty-first century democracy in a country where ever more citizens are condemned to a vast penal complex that redefines death as it expands criminality. -- Colin Dayan,author of The Law is a White DogOne frightening by-product of the American struggle over capital punishment is the proliferation of Life Without Parole as its bastard offspring. LWOP is embraced without scrutiny by abolitionists who assume that anything is better than execution. It is enshrined as a prosecutorial consolation prize when cases meet the technical standards for 'capital' murder but defendants lack blameworthiness. The unqualified condemnation of LWOP comes from a crazy displacement of distrust that puts extra suffering on offenders because citizens dont trust those who govern. Fighting capital punishment must be a central concern in the United States. But threats to human rights rarely develop one at a time, so injustice must be fought on multiple fields of engagement. Ogletree, Sarat, and their distinguished contributors perform an important public service by taking a sustained look at yet another dangerous punitive excess. -- Franklin Zimring,William G. Simon Professor of Law, University of California, BerkeleyTable of ContentsAcknowledgments Introduction: Lives on the Line: From Capital Punishment to Life without Parole Charles J. Ogletree, Jr., and Austin Sarat Part I: Life without Parole in Context 1 Mandatory Life and the Death of Equitable Discretion Josh Bowers 2 Death-in-Prison Sentences: Overutilized and Underscrutinized Jessica S. Henry 3 Creating the Permanent Prisoner Sharon Dolovich 4 Life without Parole under Modern Theories of Punishment Paul H. Robinson Part I I : Prospects for Reform 5 Defending Life I. Bennett Capers 6 Life without Parole and the Hope for Real Sentencing Reform Rachel E. Barkow 7 No Way Out? Life Sentences and the Politics of Penal Reform Marie Gottschalk 8 Dignity and Risk: The Long Road from Graham v. Florida to Abolition of Life without Parole Jonathan Simon About the Contributors Index

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Book SynopsisIllustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society.

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Book SynopsisFrom the Gospel of Matthew to numerous US Supreme Court justices, many literary and legal sources have observed that how a society metes out punishment reveals core truths about its character. The Punitive Imagination is a collection of essays that engages and contributes to debates about the purposes and meanings of punishment in the US.

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Book SynopsisThe first book to focus exclusively on the significance of trial films for both film and legal studies. Chapters cover a variety of topics, such as how and why film audiences adopt the role of the jury, the narrative and visual conventions employed by directors, and the ways trial films offered insights into the events of the late 20th century.Trade ReviewTrial Films on Trial successfully brings together distinguished and emerging scholars to engage important questions about law's representation in film and, fascinatingly, film's law-like logic."" - Daniel LaChance, author of Executing Freedom: The Cultural Life of Capital Punishment in the United States""A marvelously generative text which will, I am certain, stand as an important and defining contribution to the field of law and film."" - Patricia Ewick, coauthor of The Common Place of Law: Stories from Everyday LifeTable of Contents Acknowledgments Introduction: The Pleasures and Possibilities of Trial Films by Austin Sarat, Jessica Silbey, Martha Merrill Umphrey Chapter 1. Law and the Order of Popular Culture by Carol J. Clover Chapter 2. Knowing It When We See It: Realism and Melodrama in American Film Since The Birth of a Nation by Ticien Marie Sassoubre Chapter 3. Reasonable Doubts, Unspoken Fears: Reassessing the Trial Film's ""Heroic Age"" by Barry Langford Chapter 4. Disorder in Court: Representations of Resistance to Law in Trial Film Dramas by Norman W. Spaulding Chapter 5. ""I Am Here. I Was There."": Haunted Testimony in The Memory of Justice and The Specialist by Katie Model Chapter 6. The Appearance of Truth: Juridical Reception and Photographic Evidence in Standard Operating Procedure by Jennifer Petersen Works Cited Contributors Index

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Book SynopsisSocial movements provide the engine of legal change and law itself spurs social movement activity. This issue includes articles on social movements in several different nations, including France, South Africa and Canada, asking us to consider the way context is reflected in movement activities.Table of ContentsList of Contributors. EDITORIAL BOARD. Two spinning wheels: Studying law and social movements. Decolonizing the law: LGBT organizing in Namibia and South Africa. Social movements and the state's construction of identity: The case of Muslims in France. Rejecting rights: The disability critique of physician assisted suicide. Social movements lashing back: Law, social change and intra-social movement backlash in Canada. Protest arrests and future protest participation: The 2004 republican national convention arrestees and the effects of repression. Convincing elites, controlling elites. After 9/11: Guantánamo and the mobilization of lawyers. Special Issue Social Movements/Legal Possibilities. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisHow have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it. At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today. Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor

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Book SynopsisHow have prospects for abolishing the death penalty changed since the 1972 Supreme Court decision, Furman v Georgia? The editor and contributors to Death Penalty in Decline? assess the contemporary death penalty landscape and look at the trends in and attitudes toward capital punishment and its abolition. They highlight factors that are propelling alternatives to the death penalty as well as the obstacles to ending it. At a time when the United States is undertaking an unprecedented national reconsideration of the death penalty, Death Penalty in Decline? seeks to evaluate how abolitionists might succeed today. Contributors: John Bessler, Corinna Barrett Lain, James R. Martel, Linda Ross Meyer, Carol S. Steiker, Jordan M. Steiker, and the editor

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Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade Review"A compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field." -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the Movement"An excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. " -- Linda R. Meyer, Quinnipiac University"Contributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously." * Law and Social Inquiry *

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Book SynopsisThe way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America's distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both high and popular culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives.Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these faTrade Review[] [T]his collection will reward students who seek insight into the conceptions of justice that animate the ghost in the popular culture machine. * Choice *[T]here is much to appreciate in this work.Punishment in Popular Cultureis the most recent of the five books Ogletree and Sarat have edited in their series on race and justice. That subject remains possibly the most important area of inquiry in the fields of criminal justice and legal studies. One hopes they will continue toencourage the scholarship that contributes to our understanding of race and justice. * Criminal Law and Criminal Justice Books *This is a necessary and important addition to the literature of legal studies. Tackling one of the most salient issues of our day, the authors use the most sophisticated interdisciplinary methodologies to tease out the many subtle strands underlying the debates around capital punishment. -- Elayne Rapping,University at Buffalo, The State University of New YorkA fluid merging of cultural theory, media studies, and the social facts of mass incarceration, Punishment in Popular Culture is an unprecedented assembly of exceptional and emergent interdisciplinary scholars who take on the cultural life of punishment against the backdrop of the U.S. carceral regime. Disturbing, original, and provocative, this volume reveals how deeply and broadly punishment is enmeshed in the imaginary of everyday life in American society. From the contemporary perspective and across time, we see how punitive images, often overlooked, carry profound cultural force in our socio-political landscape. -- Michelle Brown,University of TennesseeEloquently portray[s] the ways in which popular culture and the criminal justice system influence and feed off each other in a way that both impacts and shapes popular opinion but also various laws. * Metapsychology *The essays in this VERY creative and thought-provoking book force us to think about what movie depictions of punishment represent, how we receive them, and how our consciousness is shaped by them. Highly recommended! -- James B. Jacobs,Warren E. Burger Professor of Law, New York UniversityTable of ContentsContents Acknowledgments ix Imaging Punishment: An Introduction 1 Charles J. Ogletree, Jr., and Austin Sarat part I. The Popularity of Punishment 1. Redeeming the Lost War: Backlash Films and the Rise of the Punitive State 23 Lary May 2. Better Here than There: Prison Narratives in Reality Television 55 Aurora Wallace part II. Popular Culture's Critique of Punishment 3. The Spectacle of Punishment and the "Melodramatic Imagination" in the Classical-Era Prison Film: I Am a Fugitive from a Chain Gang (1932) and Brute Force (1947) 79 Kristen Whissel 4. "Deserve Ain't Got Nothing to Do with It": The Deconstruction of Moral Justifications for Punishment through The Wire 117 Kristin Henning 5. Rehabilitating Violence: White Masculinity and Harsh Punishment in 1990s Popular Culture 161 Daniel LaChance part III. The Reception and Impact of Punishment in Popular Culture 6. Scenes of Execution: Spectatorship, Political Responsibility, and State Killing in American Film 199 Austin Sarat, Madeline Chan, Maia Cole, Melissa Lang, Nicholas Schcolnik, Jasjaap Sidhu, and Nica Siegel viii | Contents 7. The Pleasures of Punishment: Complicity, Spectatorship, and Abu Ghraib 236 Amy Adler 8. Images of Injustice 257 Brandon L. Garrett About the Contributors 287 Index 289

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Book SynopsisThe work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race and especially the black/white divide in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. ChaptTrade ReviewFor critical readers wondering whether racial reconciliation is possible in the United States, whether many in the country are committed to curing the nations racial divisions, and what strategies might move the nation towards healing, Ogletree and Sarats new volume presents an extraordinary collection of modern essayists, looking back at de Tocqueville and Myrdal and forward to myriad lingering barriers to equal citizenship in American life. This compelling book lays bare the many challenges to and opportunities for reconciliation in this age of systemic racial disadvantage. -- Bryan K. Fair,author of Notes of a Racial Caste BabyAt a time when we sorely need it, this book challenges us not only to confront the painful state of race relations in this country but also to do the difficult work necessary to heal the deep wounds caused by our divisions. This collection of essays, written by a dynamic group of preeminent scholars, tackles some of the toughest social problems of our day, from discrimination and mistreatment of black and brown youth in public schools and in the criminal justice system to seemingly impenetrable segregation in the pews of churches across the country on Sunday morning. -- Montré D. Carodine,Professor of Law, The University of Alabama School of Law

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Book SynopsisWith a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today. Trade Review"This book does more to unmask lethal injection's everyday cruelty than any other book that I know. Sarat writes with clarity and compassion, and anyone interested in justice would be well advised to read his words."—Sister Helen Prejean, author of Dead Man Walking"Macabre and painstakingly detailed, this book puts to rest any illusions that lethal injection is clean, safe or painless. This little book doesn't let us get away with abstract debates and intellectual complacency. It lands like a gut punch."—Congressman Jamie Raskin (MD-8),"This enormously readable book uncovers the troubled history and failed promise of lethal injection, and is sure to help change our national conversation about capital punishment."—Harlan Coben, #1 New York Times-bestselling author"Sarat vividly delineates the historical, social, legal, and ideological forces governing capital punishment and their implications and ramifications for individuals, the criminal justice system, and society. In a highly charged political era, this book is a timely education in capital punishment, executions, law, race relations, and social and legal reform—a must-read for all people interested in better understanding the application of the death penalty and those vested in positive transformation. Highly recommended."—M. G. Urbina, CHOICE"Lethal Injection and the False Promise of Humane Executionchronicles a significant, comprehensive, and insightful analysis of the history and evolutionary process of lethal injection executions in the United States, as well as the false promise of the perceived humanity of this method of execution. This ground-breaking book provides a thoughtful analysis including: the origins of lethal injection in this country, collapse of the original protocol of three-drugs (at issue in theBaze v. Reescase), a decade of botched executions from 2010-2020, state responses to these flagrant errors, and implications for futile reform and the future of capital punishment itself."—Talia Roitberg Harmon, Criminal Law and Criminal Justice BooksTable of Contents1. One Week in the World of Lethal Injection 2. The Origins of Lethal Injection 3. The Collapse of the Original Paradigm 4. A Decade of Mishaps 5. State Responses 6. Failure, Reform, and the Future

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Book SynopsisDoes the law shield citizens from authoritarian regimes? Are the core beliefs of classical liberalism—namely the rights of all individuals and constraints on state power—still protected by law? Liberalism and its expansion of rights could not exist without the legal system, and unsurprisingly, many scholars have explored the relationship between law and liberalism. However, the study of law and illiberalism is a relatively recent undertaking, a project that takes on urgency in light of the rise of authoritarian powers, among them Donald Trump's administration, Viktor Orban's Hungary, Recep Erdogan's Turkey, and Jair Bolsanoro's Brazil.In this volume, six penetrating essays explore the dynamics of the law and illiberal quests for power, examining the anti-liberalism of neoliberalism; the weaponization of "free speech"; the role of the administrative state in current crises of liberal democracy; the broad and unstoppable assault on facts, truth, and reality; and the rise of conspiracism leading up to the Capitol insurrection. In addition to the editors, contributors include Sharon Krause, Elizabeth Anker, Jeremy Kessler, Lee McIntyre, and Nancy Rosenblum.

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Book SynopsisVolume 56 of "Studies in Law, Politics, and Society" presents the latest scholarship on human rights. The work contained in this volume examines both the theoretical dimensions and dilemmas of human rights in the modern world and particular cases in which the problems and possibilities of human rights are examined. Taken together the contributions point to a need for more searching examination of the way human rights work and highlight the contribution of human rights to the advancement of claims for justice. "Studies in Law, Politics, and Society" is a leading socio-legal publication that truly embraces innovative, theoretically informed, interdisciplinary legal scholarship.Table of ContentsList of Contributors. EDITORIAL BOARD. Self-Ownership and Self-Alienation: Three Case Studies. Constitutive Paradoxes of Human Rights: An Interpretation in History and Political Theory. Finding a Place for Marginal Migrants in the International Human Rights System. Why the Underutilization of Child Rights in Global Mobilization? The Cases of Female Genital Cutting Practices and User Fees for Education. The Bottom up Journey of “Defamation of Religion” from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas. The State Action Doctrine in International Law. Special Issue Human Rights: New Possibilities/New Problems. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisThis volume of "Studies in Law, Politics, and Society" contains an international and interdisciplinary array of legal scholarship. Presenting diverse theoretical perspectives and methodological approaches, this work illuminates the law's response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.Table of ContentsList of Contributors. EDITORIAL BOARD. It's not about Race, It's about Rights. Legislative Abolition of the Death Penalty: A Qualitative Analysis. The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960–2006. Return of the Wrongly Convicted: The Test for Post-Conviction Executive References in Australia. Measuring Legal Formalism: Reading Hard Cases with Soft Frames. On Law's Promise: Thinking about how we Think about Law's Limits. Studies in law, politics, and society. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume features a special section with papers dedicated to life after imprisonment. The chapters examine issues around offender rehabilitation, mass incarceration, and overcriminalization. Other papers included in this important volume address the shift in attitudes to solitary confinement (and the prospect of moving beyond solitary confinement measures) and private prison services. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewSeven studies offer sociological perspectives on life after imprisonment in the US. They cover after solitary confinement: a new era of punishment; planning for precarity: experiencing the carceral continuum of imprisonment and reentry; banking on rehab: private prison vendors and the reconfiguration of mass incarceration; the collateral consequence conundrum: comparative genealogy, current trends, and future scenarios; background check laws and the endogenous construction of criminal risk; churning through the system: how people engage with the criminal justice system when faced with short sentences; and maximizing charges: over-criminalization and prosecutorial practices during the crime decline. -- Annotation ©2019 * (protoview.com) *Table of ContentsAfter Solitary Confinement: A New Era of Punishment Keramet Reiter Planning for Precarity? Experiencing the Carceral Continuum of Imprisonment and Re-entry Gillian Balfour, Kelly Hannah-Moffat, and Sarah Turnbull Banking on Rehab Private Prison Vendors and the Reconfiguration of Mass Incarceration; Jill A. McCorkel The Collateral Consequence Conundrum: Comparative Genealogy, Current Trends, and Future Scenarios; Alessandro Corda "$40 to Make Sure": Background Check Laws and the Endogenous Construction of Criminal Risk; David McElhattan Churning through the System: How People Engage with the Criminal Justice System when Faced with Short Sentences; Andrea Leverentz Maximizing Charges: Overcriminalization and Prosecutorial Practices During the Crime Decline; Heather Schoenfeld, Rachel M. Durso, and Kat Albrecht

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Book SynopsisThis special issue is the second of a two-part edited collection on the privatisation of migration. The central thrust of the special issue is a critical analysis of modern day manifestations of private participation in immigration control such as through companies which run detention and deportation programmes and individual landlords, medical professionals and employers who become part of immigration enforcement. In the chapters the authors examine the role of private stakeholders and the political economy in migration control.Table of ContentsIntroduction; Devyani Prabhat SECTION 1: PRIVATE STAKEHOLDERS IN MIGRATION CONTROL Chapter 1. How are Migrants, Especially Male Asylum Seekers, Deterred from Safe Journeys and Lawful Entry into the UK through Carrier Sanctions?; Aleksandra Wegera Chapter 2. By What Means are Medical Professionals Able to Reject Hostile Environment Policy Within the NHS?; Isabella Bertolini Chapter 3. Twenty-two years of Employer Sanctions: To What Extent has Deputising Employers Woven Ethnocentrism into the United Kingdom’s Approach to Controlling Irregular Migration?; Emily Rigler Gillingham Chapter 4. In the Context of the Agricultural Industry, To What Extent does the UK Government’s ‘Hostile Environment’ Agenda Outweigh the Impact of the Modern Slavery Act 2015 on Irregular Workers?; Harriet Parfitt SECTION 2 : THE POLITICAL ECONOMY AND COMMODIFICATION OF MIGRATION Chapter 5. To What Extent did the Private Hybridity of The East India Company Result in Lack of Accountability?; Akosua-Rose Oppon Chapter 6. Migration as a Commodity: Do You Possess the ‘Golden Ticket...?’ An Assessment of the Tier 1 (Investor) Visa’s Social and Economic Effect on the UK’s Migration System; Isobel Kamber

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Book SynopsisA glimpse into the complexities of governance during extraordinary times, this collection contributes to a nuanced understanding and exploration of state of exception and emergency rule in the context of the Covid-19 pandemic.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisInvestigating the attitudes about capital punishment in contemporary America, this book poses the question: can ending the death penalty be done democratically? How is it that a liberal democracy like the United States shares the distinction of being a leading proponent of the death penalty with some of the world''s most repressive regimes? Reporting on the first study of initiative and referendum processes used to decide the fate of the death penalty in the United States, this book explains how these processes have played an important, but generally neglected, role in the recent history of America''s death penalty. While numerous scholars have argued that the death penalty is incompatible with democracy and that it cannot be reconciled with democracy''s underlying commitment to respect the equal dignity of all, Professor Austin Sarat offers the first study of what happens when the public gets to decide on the fate of capital punishment.Trade Review'From Arizona in 1918 to California in 2016, death penalty abolitionists have chronically failed to convince American voters to abolish capital punishment. In their groundbreaking study of these losses at the ballot box, Austin Sarat, John Malague, and Sarah Wishloff offer important insights about the place of punishment in American politics and culture. Through a series of fascinating case studies, they argue that abolition of the death penalty won't occur until human dignity becomes integral to the meaning of American democracy. With lessons for activists and academics alike, The Death Penalty on the Ballot is a provocative and compelling study of the demand for the punishment of death in the only western democracy that still permits it.' Daniel LaChance, Emory University, Atlanta'Sarat and his collaborators bring deep expertise on the American death penalty to bear in this fascinating and comprehensive exploration of ballot questions regarding the abolition or retention of capital punishment over the past century. They uncover a treasure trove of materials that span quite different political moments - a rich historical record that sheds light on both the grisly practice of state executions and on the promise and perils of democracy itself.' Carol S. Steiker, Henry J. Friendly Professor of Law, Harvard UniversityTable of Contents1. Introduction: when the death penalty goes public; 2. Retention, abolition, and restoration in the early days of the death penalty referendum process; 3. The people versus their representatives: going to the polls to support capital punishment; 4. Targeting the courts; 5. A tool for abolition?; 6. Conclusion: democracy and the fate of capital punishment.

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Book SynopsisAn analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might bewhether Dred Scott v. Sanford or Plessy v. Fergusonthe stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself actsTrade ReviewA compelling examination by a diverse group of scholars on the historical, political, cultural and social meanings of ‘legal infamy.’ No one in the field of interdisciplinary law and culture studies has had more success than Austin Sarat at using the thematic essay anthology as a platform for robust, and rigorous, intellectual engagement. Law’s Infamy is poised to become a significant contribution to the field. -- Kendall Thomas, co-editor of Critical Race Theory: The Key Writings That Founded the MovementAn excellent, challenging, and thought-provoking book whose essays position many instances of complicity and ‘infamy’ into thoughtful, compelling, and unusual juxtaposition. The move to discuss the ‘anti-canon’ of ‘infamous’ cases is a brilliant approach to the problem of judicial complicity. -- Linda R. Meyer, Quinnipiac UniversityContributors to Sarat, Douglas, and Umphrey’s volume ask when and why the word ‘infamy’ should be used to characterize legal decisions or actions. They consider how legal institutions themselves engage in infamous actions, and they urge that scholars and activists identify infamous decisions that are worthy of repudiation and label them as such, highlighting the damage done when law itself acts infamously. * Law and Social Inquiry *

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Book SynopsisLaw and Mourning brings together a distinguished group of scholars to explore the many and complex ways that law both regulates and gives meaning to our experience of loss. The essays in this volume illuminate how law helps us to absorb and contend with loss and its reverberations, channeling the powerful emotions associated with death and protecting those vulnerable to them. At the same time, law creates a regulatory framework for death as it establishes the necessity for a clear demarcation of the boundary between life and death, defines what we can and cannot do with the remains of the dead, and creates both privileges and disabilities for survivors. The contributors to the volume also explore how mourning generates critiques of existing legal and political orders which seem compelled by calls from the dead, unleashing an indifference to legal consequences in survivors that can undermine or destroy law. In addition to the editors, the contributors include Andrea Brady, Catherine Kellogg, Shai Lavi, Ray Madoff, Ann Pelligrini, and Mark Sanders.Trade Review“These essays lead the reader progressively deeper into the relationship between law and mourning, considering last testaments that restrict a beneficiary’s marriage, sperm preservation, public rituals of mourning (and their suppression), melancholic judges, and the lamentations of scholars who mourn the loss of justice itself.” — Linda Ross Meyer, author of The Justice of Mercy“This volume demonstrates how varied and extensive the conjunction of mourning and law is, and it also makes a powerful case for how this intersection needs to be examined through an interdisciplinary lens. The contributors, all impressive and productive scholars, come from a broad range of fields, speaking across methodological and scholarly divides and opening avenues for further inquiry by inviting scholars to think creatively and ambitiously about our critical practices.” — Ravit Reichman, author of The Affective Life of Law: Legal Modernism and the Literary Imagination

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Book SynopsisLaw punishes violence, yet law depends on violence. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationship of law to violence. What does it mean to talk about the violence of law? Do high incarceration rates and increased reliance on capital punishment indicate that U.S. law is growing more violent at a time when violence is being restrained in other legal systems? How is the violence of law represented in popular culture and does this affect law''s actual legitimacy? Does violence express or distort the essence of law? Does law''s violence serve justice? In deeply original essays, the authors build on the seminal work of Robert Cover--one of the few legal scholars ever to consider the question of law and violence. In striving to situate his insights within current political, social, economic, and cultural contexts, they contemplate diverse and interrelated subjects surrounding the theme of law and violenceTrade Review"This volume performs an important function. It is an extremely worthwhile and timely project that raises issues of grave concern to anyone interested in the realities of legal practice, including sociologists, anthropologists, philosophers, political scientists, legal theorists, and practicing lawyers."—Eve Darian-Smith, University of California, Santa Barbara"These elegant critical reflections on violence and law—mostly in the United States—focus on the paradoxes of violence as an object and means of the law's control, as well as place of violence among the conditions and complications of law's legitimacy and efficacy. The collection is compelling, even haunting, and profoundly enriching. The volume illuminates contemporary debates about law's violence, and makes engaging reading for academics in law and the human sciences, as well as others interested in the future of law as a social endeavor."—Carol Greenhouse, Indiana UniversityTable of ContentsCHAPTER ONE: Situating Law Between the Realities of Violence and the Claims of Justice: An Introduction by Austin Sarat 3 CHAPTER TWO: The Vicissitudes of Law's Violence by Jonathan Simon 17 CHAPTER THREE: Making Peace with Violence: Robert Cover on Law and Legal Theory by Austin Sarat and Thomas R. Kearns 49 CHAPTER FOUR: The Silence of the Laws: Justice in Cover's "Field of Pain and Death" by Marianne Constable 85 CHAPTER FIVE: A Judgment Dwelling in Law: Violence and the Relations of Legal Thought by Shaun McVeigh, Peter Rush, and Alison Young 101 CHAPTER SIX: Why the law Is Also Nonviolent by Peter Fitzpatrick 142 The Contributors 175 Index 177

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