Books by Austin Sarat

Book SynopsisThis volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live. The articles in the symposium show the different ways the complex politics of rights play out in Latin American nations. They ask us to consider the way context is reflected in the political and legal life of indigenous peoples, and they consider various theoretical paradigms for understanding rights.Table of ContentsTable of Contents Part I: SYMPOSIUM: NEGOTIATING RIGHTS BETWEEN INDIGENOUS PEOPLES AND STATES IN LATIN AMERICA INTRODUCTION Kathleen M. Sullivan & Sandra Brunnegger INDIGENOUS PEOPLES IN CHILE: THE QUEST TO BECOME A CONSTITUTIONAL ENTITY Jorge Contesse, Universidad Diego Portales, Santiago, Chile BUILDING MAYAN AUTHORITY AND AUTONOMY: THE RECOVERYA" OF INDIGENOUS LAW IN POST-PEACE GUATEMALA Rachel Sieder, Centro de Investigaciones y Estudios Superiores en Antropologia Social (CIESAS), Mexico City and Michelsen Institute, Bergen LEGAL IMAGINARIES: RECOGNIZING INDIGENOUS LAW IN COLOMBIA Sandra Brunnegger, St Edmund's College, University of Cambridge, UK REORGANIZING INDIGENOUS-STATE RELATIONS IN CHILE: PROGRAMA ORAiGENES AND PARTICIPATORY GOVERNANCE Kathleen M. Sullivan, California State University Los Angeles, California, USA Part II: GENERAL ARTICLES RACIAL SPECTACLES: PROMOTING A COLORBLIND AGENDA THROUGH DIRECT DEMOCRACY Angelique M. Davis and Rose Ernst, Seattle University, Washington, USA NORBERTO BOBBIO (1909-2004) AND LAW: A CENTENNIAL TRIBUTE Teresa Chataway, Griffith University, Queensland, Australia

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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 SynopsisThis special issue of Studies in Law, Politics, and Society focuses on the discourse of judging and the "language of judging" within many diverse legal scenarios. The volume features chapters specifically on: the "language of rights" within the context of abortion and same-sex marriage cases; discourses within the European Court of Justice; the modern-day place of politics in the US Supreme Court; and discussions on the two-court crisis which lead to the US Constitutional Convention of 1849. The chapters question the complex and conflicting relationship between politics and the law, understanding judicial independence, and offer an analysis of how the literary narrative of law plays a significant part in the delivery of legal judgement.Table of ContentsList of Contributors. EDITORIAL BOARD. Judging Without Rights: Public Reason and the Counter-Majoritarian Difficulty. On Politics and Law: Recovering the Pritchett Synthesis. “Don't they Understand Judicial Independence?” Discourses of Judging in Undergraduate Legal Studies Classrooms: Judicial Retention and Same-Sex Marriage Rulings. Kentucky's Constitutional Crisis and the Many Meanings of Judicial Independence. Nomos and Form: Reading A Jury of Her Peers. Talking about the European Court: Discourses of Judging in the European Union. Special Issue: The Discourse of Judging. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisThis special issue of Studies in Law, Politics, and Society is dedicated to the life and work of beloved legal scholar Stuart Scheingold. The articles brought together in this volume articulate the inspiring contribution Scheingold made to political science and law and society. The final chapter "Rights, Community, and Democracy: A Socio-Legal Critique of the Neoconservative Case against Rights" is a work authored by Stuart Scheingold which has been completed by his co-author and is published here for the first time. This volume shows how Scheingold helped to bridge the differences between how rights are expressed within the law, and how they are actually put into practice. Centering on the theme of "the myth of rights" the chapters discuss diverse aspects of society, crime, politics, and law; most specifically street crime, immigration and crime control policies, political criminology and urban social control, race and "displaced anxiety" within communities in the US, and animal rights.Table of ContentsList of Contributors. EDITORIAL BOARD. Introduction: Stuart Scheingold, a Personal Reflection. The Myth of the Myth of Rights. “A Madman Full of Paranoid Guile”: The Myth of Rights in the Modern American Mind. Novelty and the Politics of Rights. Political Criminology, the Plural State, and the Politics of Affect. Phantom Racism and the Myth of Crime and Punishment. Putting Politics in its Place: Reflections on Political Criminology, Immigration and Crime. Imagining Otherness: The Political Novel and Animal Rights. Scheingold's Failure: His Finest Book. Rights, Community, and Democracy: A Sociolegal Critique of the Neoconservative Case Against Rights. Special Issue: The Legacy of Stuart Scheingold. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisThe 60th volume of Studies in Law, Politics, and Society edited by Austin Sarat, is an essential text for legal scholars with a unique focus on the disciplines of sociology, politics and the humanities. This special issue interrogates how law defines identity. It addresses the key themes of immigration and citizenship, and examines the criteria that produces the label of "American". Articles discuss birthright citizenship and immigrant membership in the US, early immigration histories, sovereignty, and citizenship policies with current examples from Europe. Are all those born or naturalized in the US "American" and all those born or naturalized elsewhere not? How does law identify and decide who belongs? How does dealing with "outsiders" challenge the law? This volume answers these questions and explores how citizens are not born through accidents of geography but are made through law.Table of ContentsList of Contributors. EDITORIAL BOARD. Introduction from Series Editor. Sovereignty and Its Alternatives: On the Terms of (Illegal) Alienage in U.S. Law. Interrogating Birthright Citizenship. Being American/Becoming American: Birthright Citizenship and Immigrants’ Membership in the United States. Extending Hospitality? History, Courts, and the Executive. Evaluating and Explaining the Restrictive Backlash in Citizenship Policy in Europe. Special Issue: Who Belongs? Immigration, Citizenship, and the Constitution of Legality. 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 brings together an international spread of legal scholars, presenting a varied collection of chapters. Chapters include: child abduction during the military dictatorship in Argentina; a novel approach to empirical research on legal framing from the University of California, Berkeley; the role of silence in law and film from Israel; a chapter from Sweden on the use of video in the court of appeal; and finally two chapters on the supreme court in the USA, one looking at influences through social capital on supreme court decision makers and the second looking at the self-perception and public perception of the supreme court.Table of ContentsList of Contributors. EDITORIAL BOARD. Redefining the Abduction of Children: Legal Truth in Post-Dictatorial Argentine Courts of Law. Legal Framing. The Silent Defendant: Some thoughts on Law and Film. A Modern Trial: A Study of the Use of Video-Recorded Testimonies in the Swedish Court of Appeal. “It’s the Network”: The Federalist Society as a Supplier of Intellectual Capital for the Supreme Court. The Supreme Court: An Autobiography. 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 SynopsisThis volume of Studies in Law, Politics and Society brings together the work of scholars of several different generations and several different national contexts. The articles published here feature both cutting edge issues of major interest to policy makers and activists as well as those that address venerable issues in the interdisciplinary study of law. They illuminate family law, the way law deals with children, international human rights, and the way law deals with injury and damages claims.Table of ContentsWhere injury or damage is feared: Peace bonds as counter-law?. The gracious spaces of children’s law: Innocence and culpability in the construction of a children’s court. The dialectics of wrongful life and wrongful birth claims in Israel: A disability critique. Human rights in context: International law and spatial injustice in New Orleans, Louisiana. Mitigation versus individualism: Examining judges’ capital sentencing decisions. EDITORIAL BOARD. List of Contributors. Studies in law, politics, and society. “Families in all their subversive variety”: Overrepresentation, the ethnic child protection penalty, and responding to diversity while protecting children. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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Book SynopsisIn The Beautiful Prison incarcerated Americans and prison critics seek to imagine the prison as something better than a machinery of suffering. From personal testimony to theoretical meditation these writers explore and confront the practical and cultural limits the prison places on its transformation into a socially constructive institution. Long-term prisoner Kenneth E. Hartman engages the reader in his struggle to find beauty inside the increasingly bleak and sterile confines of the California Department of Corrections. Chuck Jackson releases his imagination on Houston's notorious Harris County Jail to envision a jailhouse transformed into a university, community, and arts center. Between the grip of the CDC and utopian vision, Leder, Ginsburg, Pinkert, and Brown report on their practical and theoretical work to understand what the prison has been and might be. The Beautiful Prison suggests that any passage from 'ugly prisons' into institutions serving the greater good will only be possible when the will and intellectual capital of their inhabitants are met by free-world critics ready to challenge assumptions of the prison acting solely as an apparatus of punishment.Table of ContentsSearching for the beautiful prison. Introduction. The enlightened prison. Knowing that we are making a difference: A case for critical prison programming. Rethinking the humanities through teaching the holocaust in prison. Of prisons, gardens, and the way out. What blooms: The jailhouse, inside out. Special Issue: The beautiful prison. List of Contributors. Studies in law, politics, and society. EDITORIAL BOARD. Special Issue: The beautiful prison. Copyright page. Searching for the beautiful prison. Introduction. The enlightened prison. Knowing that we are making a difference: A case for critical prison programming. Rethinking the humanities through teaching the holocaust in prison. Of prisons, gardens, and the way out. What blooms: The jailhouse, inside out. Special Issue: The beautiful prison. List of Contributors. Studies in law, politics, and society. EDITORIAL BOARD. Special Issue: The beautiful prison. Copyright page.

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Book SynopsisThis special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's direct relationship with the American liberal state. John P. Anderson defends John Rawl's pragmatism; Adelaide Villmoare and Peter Stillman consider the 'Janus faces of law', a double vision of law where both sides of the face adhere to one another through neoliberalism; and Timothy Delaune examines jury nullification. The remaining chapters then go on to consider specific applications of the law within society. Susan Burgess provides a critical account of what implications the inclusion of gays in the US military has for understanding the means by which the liberal state uses law to include the previously excluded. Daniel Skinner then problematizes the body politics of American liberalism, as viewed through the lens of health policy and the final chapter from Beau Breslin and Katherine Cavanaugh explores how various legal and judicial policies have highlighted the clash between the state's imperial authority and Native American narratives.Table of ContentsThe Neoliberal State’s Janus Faces of Law. Trading Truth for Legitimacy in the Liberal State: Defending John Rawls’s Pragmatism. Jury Nullification: An Illiberal Defense of Liberty. Gays in the Military: Toward a Critical Civil Rights Account. Health Care and the Disembodied Politics of American Liberalism. Nomos and Native American Narratives: The Duality of Law in the Liberal State. Special Issue: Law and the Liberal State. Studies in law, politics and society. Special Issue: Law and the Liberal State. Copyright page. List of Contributors. EDITORIAL BOARD.

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Book Synopsis"The articles in this volume of Studies in Law, Politics, and Society cover an exciting and diverse range of topics relating to law's relationship with and impact on society. Two articles cover immigration, but from very different perspectives. One examines the legal-cultural attitude of immigrants from the former Soviet Union to Israel while the other investigates US Immigration Policy and the notion of 'child saving'. Other articles cover the institutional dynamics of same-sex marriage debates in America; the anti-strip mining movement in central Appalachia; an analysis of the death penalty in Maricopa County, Arizona, one of the most active death penalty locales in the contemporary U.S; and affirmative defenses at the International Criminal Court."Table of ContentsRights Discourse and the Mobilization of Bias: Exploring the Institutional Dynamics of the Same-Sex Marriage Debates in America. Unearthing a Network of Resistance: Law and the Anti-Strip Mining Movement in Central Appalachia. Racist Localisms and the Enduring Cultural Life of America’s Death Penalty: Lessons from Maricopa County, Arizona. Toward Justice: Neuroscience and Affirmative Defenses at the ICC. While in Rome, Do as Romans Do? Persistence of Legal Culture: The Case of Immigrants from the Former Soviet Union to Israel. US Immigration Policy and the 21st Century Conundrum of “Child Saving”: A Human Rights, Law and Social Science, Political, Economic, and Philosophical Inquiry. Copyright page. EDITORIAL BOARD. Studies in law, politics, and society. List of Contributors. Studies in law, politics, and society. Studies in law, politics, and society.

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Book SynopsisThis special issue of Studies in Law, Politics, and Society focuses on the issue of copyright. The papers contain critical analysis and investigation into existing copyright law and provide insight for policymakers and commentators. The papers contain a range of analyses on issues of copyright. Highlights of the volume include the an examination of three difference aspects of the 1976 Copyright Act, focusing on fair use, statutory damage and formalities; an interesting analysis of the distinction between authentic and 'inauthentic' drawing on the examples of authenticated artwork and counterfeit luxury goods; and an everyday narrative of copyright by examining the laymen understanding of the term, based on comments sections of websites where users post their reactions to copyright-related stories.Table of ContentsTales of the Unintended in Copyright Law. Dialogues of Authenticity. Subject Matter, Scope, and User Rights in Copyright Law. Property without Bounds and the Mythology of Common Law Copyright. The Everyday Lives of Copyright. EDITORIAL BOARD. List of Contributors. Copyright page. Special Issue: Thinking and Rethinking Intellectual Property. Special Issue: Thinking and Rethinking Intellectual Property. Studies in law, politics, and society.

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Book SynopsisThis special issue of Studies in Law, Politics, and Society examines the relationship between law and disasters. The papers come from members of the Collaborative Research Network on the Jurisprudence of Disasters within the Law and Society Association. This network was formed in 2012 at a conference held by the International Institute for the Sociology of Law, titled "Workshop on Disasters and Sociolegal Studies." The volume addresses the 'myths' of contemporary disaster law and policy, such as that of society's "invincibility". The papers examine specific cases such as the Fukushima Nuclear Disaster, bushfire management in Australia and wildfire prevention in the Mediterranean, as well as providing broader analysis and comment on global disaster law and policy.Table of ContentsIntroduction: The Myths We Live (And Die) By. The “Cassandra Zone” and Law’s Moral Purpose. Foreseeable Disaster Mismanagement in a Changing Climate. Disaster Assistance and Legal Accountability: Care and Surveillance. Cassandra, Prometheus, and Hubris: The Epic Tragedy of Fukushima. The Multi-Level Prevention and Control of Catastrophic Wildfires in Mediterranean Europe: The European Union, Spain, and Catalonia. Bushfires and Australian Emergency Management Law and Policy: Adapting To Climate Change and the New Fire and Emergency Management Environment. Epilogue. Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters. Studies in law, politics, and society. Special Issue Cassandra’s Curse: The Law and Foreseeable Future Disasters. Copyright page. List of Contributors. EDITORIAL BOARD. Symbolic, Cognitive, and Structural Obstacles to Formulating Disaster Policy.

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Book SynopsisHalf a century after the beginning of the second wave, feminist legal theorists are still writing about many of the subjects they addressed early on: money, sex, reproduction, and jobs. What has changed is the way that they talk about these subjects. Specifically, these theorists now posit a more complex and nuanced conception of power. Recent scholarship recognizes the complexities of power in contemporary society, the ways in which these complexities entrench sex inequality, and the role that law can play in reducing inequality and increasing agency. The feminist legal theorists in this volume are emblematic of this effort. They carefully examine the relationship between gender, equality, and power across an array of realms: sex, reproduction, pleasure, work, money. In doing so they identify social, political, economic, developmental, and psychological and somatic forces, operating both internally and externally, that complicate the expression and constraint of power. Finally, they give sophisticated thought to the possibilities for legal interventions in light of these more complex notions of power.Trade ReviewIn this collection of essays, legal scholars and feminist legal theorists examine the relationship among gender, equality, and power in realms including sex, reproduction, pleasure, work, and money. They pay special attention to relevant social, political, economic, and psychological forces, in an effort to establish models for analyzing sex and gender inequality. Areas of concern include legal regulation of sexuality, reproductive decision-making, women’s sexual agency and the law of rape in the 21st century, feminism and therapy culture, and women’s entry into the paid workplace. -- Annotation ©2016 * (protoview.com) *Table of ContentsIntroduction - Maxine Eichner and Clare Huntington Going Wild: Law and Literature and Sex - Susan Frelich Appleton and Susan Ekberg Stiritz Women’s Sexual Agency and the Law of Rape In the 21st Century - Katharine K. Baker and Michelle Oberman Care and Danger: Feminism and Therapy Culture - Angela P. Harris Market-Cautious Feminism - Maxine Eichner Unequal Terms: Gender, Power, and The Recreation of Hierarchy - June Carbone and Naomi Cahn Schrodinger’s Child: Non-Identity and Probabilities in Reproductive Decision-Making - Jennifer S. Hendricks

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Book SynopsisThe scholars who contribute to this issue utilize diverse research methods to examine the lived experiences of people engaged in prostitution and the people and institutions that process them. They look at the production of knowledge about prostitution and trafficking by institutional stakeholders, and how legal responses to prostitution and trafficking are affected by class, race, ethnicity, and migration. Drawing on data derived from innovative research methods including auto-ethnography, re-calculation of historical data, and participatory methods, the authors challenge us to re-examine the pro-sex/abolitionist divide, the historical theories of prostitution and ethical concerns around research with people engaged in prostitution. Instead our authors offer new configurations of sex, gender, and prostitution to better inform future scholarship, policy, and programming.Trade ReviewThe editors present a collection of academic essays and scholarly articles investigating various aspects of prostitution from a variety of critical and research perspectives. The seven contributions are devoted to legitimization and master status in academia, women’s experiences prostituting women and girls, relationships among stigmatized women engaged in street-level prostitution, and a wide variety of other related subjects. Austin Sarat is a faculty member of Amherst College in Massachusetts. Katie Hail-Jares is a faculty member of American University in Washington D.C. Chrysanthi Leon is a faculty member of the University of Delaware. Corey Shdaimah is a faculty member of the University of Maryland. -- Annotation ©2016 * (protoview.com) *Table of ContentsSex Worker or Student? Legitimation and Master Status in Academia - Jenny Heineman “In My Head, I Didn’t Feel Like I Had Done Anything Wrong”: Women’s Experiences Prostituting Women and Girls - Mahri Irvine Relationships Among Stigmatized Women Engaged in Street-Level Prostitution: Coping with Stigma and Stigma Management - Corey Shdaimah and Chrysanthi S. Leon Reform or Remand? Race, Nativity, and the Immigrant Family in the History of Prostitution - Anne E. Bowler, Terry G. Lilley and Chrysanthi S. Leon Inevitably Violent? Dynamics of Space, Governance, and Stigma in Understanding Violence Against Sex Workers - Teela Sanders Bad Dates: How Prostitution Strolls Impact Client-Initiated Violence - Katie Hail-Jares Unionizing Sex Workers: The Karnataka Experience - Subadra Panchanadeswaran, Gowri Vijayakumar, Shubha Chacko and Andy Bhanot

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Book SynopsisStudies in Law, Politics, and Society (SLPS) provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship; the articles in this volume cover a diverse range of topics relating to law's relationship with and impact on society. Topics covered include: coverage of capital punishment in the mainstream and radical press; the landmark Roe vs. Wade case and the Republican Party's relationship with abortion law; an exploration of the legal politics of temporality in emergencies; gendered racialization and White supremacy in the US, specifically related to Muslim women; conflict resolution and legal theory; and self-determination for indigenous peoples in the Pacific.Trade ReviewIn this book, editor Austin Sarat presents readers with a collection of academic essays and scholarly articles investigating various aspects of the intersection of law, politics, and contemporary society throughout the world. The six contributions that make up the main body of the text are devoted to comparing accounts of capital punishment in the radical and mainstream press; abortion law, the Supreme Court, and the Republican regime; the legal politics of time in emergencies; gendered racialization and Muslim Americans; and a variety of other related subjects. The editor is a faculty member of Amherst College in Massachusetts. -- Annotation * (protoview.com) *Table of ContentsA Twice-Told Story: Comparing Accounts of Capital Punishment in the Radical and Mainstream Press - Austin Sarat, Kyra Ellis-Moore, Abraham Kanter, Christina Won and Abigail Xu Why Roe Still Stands: Abortion Law, the Supreme Court, and the Republican Regime - Thomas M. Keck and Kevin J. McMahon The Legal Politics of Time in Emergencies: Ticking-Time in the Israeli High Court of Justice - Karin Loevy Between Society and the State: Gendered Racialization and Muslim Americans - Hajer Al-Faham with Rose Ernst The “Law of Alternatives”: Conflict Resolution as the Art of Reconstruction – Michal Alberstein Decolonization and the Right of Self-Determination for the Pacific - Valmaine Toki

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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, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: an analysis of Charles Reznikoff’s autobiography and its implications for residential lease law; a classification of condominium crime; an historical and developmental account of judicial activism; a reconceptualization of the legal approach to the reproductive rights of adolescents; an examination of the stories told by foster care youth to legislatures, courts and policymakers; an account of the role of maturity, policy, and parental authority in legal standards for minor’s rights; and the debate surrounding transgender children and teaching gender identity in schools. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewLaw scholars explore a number of issues in interactions between the law and the rest of society. They cover commercial leases and family reality in Charles Reznikoff's Family Chronicles; condo crimes and legal prospects for confronting the unusual suspects; the nursery years of "judicial activism:" from a historian's shorthand to media catchphrase; teenage pregnancy, parenting, and abortion: legal limits on adolescents' reproductive rights; "letting kids be kids:" youth voice and activism to reform foster care and promote "normalcy," teen health care decisions: how maturity and social policy affect four hard cases; and transgender children, teaching early acceptance, and the heckler's veto. -- Annotation ©2017 Ringgold Inc. * (protoview.com) *Table of ContentsCommercial Leases and Family Realities in Charles Reznikoff's Family Chronicle - Stan Apps and Tova CooperCondo Crimes and Legal Prospects for Confronting the Unusual Suspects - Randy K. Lippert, Stefan Treffers, and Thomas Bud The Nursery Years of 'Judicial Activism': From a Historian’s Shorthand to Media Catchphrase 1947-1963 - Tanya Josev SYMPOSIUM ON CHILDREN AND THE LAW Teenage Pregnancy, Parenting, and Abortion: Legal Limits on Adolescents' Reproductive Rights - Maya Manian "Letting Kids Be Kids": Youth Voice and Activism To Reform Foster Care and Promote "Normalcy" - Bernard P. Perlmutter Teen Health Care Decisions: How Maturity and Social Policy Affect Four Hard Cases - Leslie Joan Harris Transgender Children, Teaching Early Acceptance, and the Heckler's Veto - Dara E. Purvis

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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, articles examine a diverse range of legal issues and their impact on and intersections with society. Topics covered include: marriage equality and the demise of civil unions; the LGBTQ community in the 1980s; the landscape of choice regarding reproductive rights and vaccine refusal; the rights of unvaccinated children; a socio-legal framework for understanding the social control of pleasure; and a data re-use and its impact on group identity. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewThis year's volume contains four papers from the symposium Health and the Law: Protection, Promotion, Paternalism. They cover reproductive justice, vaccine refusal, and the uneven landscape of choice; rights of the un-vaccinated child; policing pleasure: the socio-legal framework for understanding the social control of desire; and data refusal and the problem of group identity. Two general papers discuss the emergence of marriage equality and the sad demise of civil unions, and "community voices" and "speaking out:" rights talk and the LGBTQ community in the 1980s. -- Annotation ©2017 * (protoview.com) *Table of Contents1. The Emergence of Marriage Equality and the Sad Demise of Civil Unions; Cyril Ghosh2. Community Voices and Speaking Out: Rights Talk and the LGBTQ Community in the 1980s; Erin M. Adam 3. Reproductive Justice, Vaccine Refusal, and the Uneven Landscape of Choice; Jennifer A. Reich 4. Rights of the Unvaccinated Child; Dorit Rubenstein Reiss 5. Policing Pleasure: A Socio-Legal Framework for Understanding the Social Control of Desire; Elizabeth Chiarello 6. Data Re-Use and the Problem of Group Identity; Leslie P. Francis and John G. Francis

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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 is a collection of chapters exploring expert witnessing in Asylum Cases. Topics covered include: judicial ethnocentrism, political asylum, race identity and cultural defense. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewAnthropologists explore the use of cultural expert testimony as evidence in legal conflicts that invoke cultural difference. They address knowing the role of expert testimony in a cultural defense, reconciling the job of expert witness with other professional roles, relating to defendants versus informants, employing legal concepts that have little anthropological acceptance, producing testimony in changing historical and political contexts, and helping judges understand culture. -- Annotation ©2018 * (protoview.com) *Table of ContentsIntroduction; Leila Rodriguez 1. Expert Witnessing in Honduran Asylum Cases: What Difference Can Twenty Years Make?; James Phillips 2. Judicial Ethnocentrism vs Expert Witnesses in Asylum Cases; Murray J. Leaf 3. Guilt, Innocence, Informant; Jeffrey Cohen and Lexine Trask 4. Traversing Boundaries: Anthropology, Political Asylum and The Provision of Expert Witness; Kathleen Gallagher 5. Proving "Race" Identity of Chinese Indonesian Asylum Seekers; ChorSwang Ngin 6. State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation; Heather Crabbe, Esq.

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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 focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewContributed by law and disability studies scholars from the US and drawn from the symposium on Law and the Imagining of Difference, the five essays in this volume address how law responds to the claims of difference, how and when it recognizes difference and accommodates it, and when and why this recognition and accommodation are resisted. Specifically, they discuss law in relation to disability, same-sex marriage, and gender equality, including the Americans with Disabilities Act. -- Annotation ©2018 * (protoview.com) *Table of Contents1. Differentiating Assimilation; Douglas NeJaime 2. Embodying the Law: Negotiating Disability Identity and Civil Rights; Megan A. Conway 3. Being Exceptional; Zanita E. Fenton 4. Feminist Constitutionalism and the Entrenchment of Motherhood; Julie C. Suk 5. Comment: Differences and (In)equalities; Mark E. Brandon

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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 law and disability. The chapters examine issues of HIV, obesity, disability rights, assisted suicide and prenatal testing. Other papers included in this important volume address the right to education for migrant children in the United States and the rights to citizenship of British children. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewThree of this volume's five essays are from the Symposium on Law and Disability. They cover HIV/AIDS, obesity, and stigma: a new era for non-discrimination law; putting the "right to die" in its place: disability rights and physician-assisted suicide in the context of US end-of-life care; and prenatal testing and disability rights: challenging the "genetic suicide." The other topics are the extent to which Pyler v. Doe is an effective protection for the right to education for irregular migrant children in the contemporary US, and a brave new British citizenry: reconceptualizing children's acquisition of British citizenship. -- Annotation ©2018 * (protoview.com) *Table of Contents1. To What Extent is Pyler v. Doe an Effective Protection for the Right to Education for Irregular Migrant Children in Contemporary US?; Robbie Eyles 2. A Brave New British Citizenry? Reconceptualising the Acquisition of British Citizenship by Children; Devyani Prabhat and Jessica Hambly 3. Symposium on Law and Disability HIV/AIDS, Obesity and stigma: a new era for non-discrimination law?; Peter McTigue, Stuart W. Flint and Jeremé Snook 4. Putting the "Right to Die" in its Place: Disability Rights and Physician-Assisted Suicide in the Context of US End-of-Life Care; Harold Braswell 5. Prenatal Testing and Disability Rights: Challenging "Genetic Genocide"; Katharina Heyer

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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 of Studies in Law, Politics, and Society aims to foster a dialogue that is inclusive, constructive, and innovative in order to lay the basis for evaluating the usefulness and impact of cultural expertise in modern litigation. It investigates the scope of cultural expertise as a new socio-legal concept that broadly concerns the use of social sciences in connection with rights and the solution of conflicts. While the definition of cultural expertise is new, the conflicts it applies to are not, and these range from criminal law to civil law, including international human rights. In this special issue, socio-legal scientists with interdisciplinary backgrounds scrutinize the applicability of the notion of cultural expertise in Europe and the rest of the World. Cases include murder, female genital mutilation, earthquake claims, Islamic law, underage marriages, child custody, adoption, land rights, and asylum. The authors debate on a variety of themes, such as legal pluralism, ethnicity, causal determinism, reification of culture, and the "culturalization" of defendants. The volume concludes with an overview of the ethical implications of the definition of cultural expertise and suggestions for a way forward.Trade ReviewThe research project "Cultural Expertise in Europe: What is it Useful For?" held its first conference in Oxford during December 2016. Scholars specializing in law and culture in civil and common law traditions both inside and outside Europe present nine papers on cultural expertise with(out) cultural experts, sites of cultural expertise, comparative perspectives on cultural expertise, cultural expertise in non-European contexts, and suggestions for a way forward. Their topics include from invisible to visible: locating cultural expertise in the law courts of two Finnish cities; assessing cultural expertise in Portugal: challenges and opportunities; between norms, facts, and stereotypes: the place of culture and ethnicity in Belgian and French family justice; cultural expertise in Australia: colonial laws, customs, and emergent legal pluralism; and beyond anthropological expert witnessing: toward an integrated definition of cultural expertise. -- Annotation ©2019 * (protoview.com) *Table of ContentsIntroduction; Livia HoldenPart I. Cultural Expertise with(out) Cultural Experts From Invisible to Visible: Locating Cultural Expertise in the Law Courts of Two Finnish Cities; Taina Cooke Cultural Expertise in Italian Courts: Contexts, Cases and Issues; Antonello Ciccozzi and Giorgia Decarli Part II. Sites of Cultural Expertise Assessing Cultural Expertise in Portugal: Challenges and Opportunities; João Teixeira Lopes, Anabela Leão and Ligia Ferro Cultural Expertise in Asylum Granting Procedure in Greece: Evaluating the Experiences and the Prospects; Helen Rethimiotaki Part III. Comparative Perspectives on Cultural Expertise Court Cases, Cultural Expertise, and FGM in Europe; Ruth Mestre and Sara Johnsdotter Between Norms, Facts and Stereotypes: The Place of Culture and Ethnicity in Belgian and French Family Justice; Caroline Simon, Barbara Truffin and Anne Wyvekens Part IV. Cultural Expertise in Non-European Contexts Cultural Expertise in Australia: Colonial Laws, Customs, and Emergent Legal Pluralism; Ann Black The Role and Use of Cultural Expertise in Litigation in South Africa. Can the Western World Learn Anything from a Mixed, Pluralistic Legal System? Christa Rautenbach Part V. Suggestions for a Way Forward Beyond Cultural Expert Witnessing: Toward an Integrated Definition of Cultural Expertise; Livia Holden

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Book SynopsisThis special issue of Studies in Law, Politics and Society contains two sections. In the first, 'Religious Inspirations and Legal Responses', contributors examine the interaction between law and religion. They consider the liberal tradition in which the law stands in stark opposition to religion, as well as traditions in which the law is inseparable from the sacred, revealing the complex and often controversial relationship between law and religion. Case studies include religious education, Sharia debates in Australia, Canada and the U.K., and same-sex marriage in the U.S.The second section, 'Law and Social Change: Old Questions, New Answers', examines the ways in which the law simultaneously enhances and inhibits projects of social change. The varied ways in which legal institutions respond to social movements are analyzed, along with the cultural contingencies associated with law's ability to promote change, and what we can learn about law and social change by examining societies across the globe. Case studies include refugee and asylum seeker detention and the political risks of litigation in the U.S.Trade ReviewThis volume brings together seven essays contributed by political science, law, and religion scholars from Europe, Australia, Israel, and the US, who consider law in the context of religion and social change. In the first section, they examine the interaction between law and religion in terms of religious schools and equality in education in various countries; the Obergefell v. Hodges decision and religious free exercise in the era of Donald Trump; male circumcision, Jewish difference, and German law; and the Sharia debates, religious accommodation, and informal institutional norms in Australia, Canada, and the UK. The second section focuses on how the law enhances and inhibits projects of social change, with discussion of the role of legal intermediaries, the political risks of litigation in American policymaking, and the use of law and legal institutions by the social movement seeking to end Australia's policy of mandatory detention for refugees and asylum seekers. -- Annotation ©2019 * (protoview.com) *Table of ContentsSection I: Law and ReligionChapter 1. For God's Sake, Don't Segregate! Two Kinds of Religious Schools and Equality in Education; Tammy Harel Ben Shahar Chapter 2. "Honorable Religious Premises" and Other Affronts: Disputing Free Exercise in the Era of Trump; Jenna Reinbold Chapter 3. An Uneasy Encounter: Male circumcision, Jewish difference, and German law; Mareike Riedel Chapter 4. Religious Accommodation in the Secular State: The Sharia Debates in Australia; Canada, and the United Kingdom; Amira Aftab Section II: Law and Social Change: Old Questions, New Answers Chapter 5. How Legal Intermediaries Facilitate or Inhibit Social Change; Shauhin Talesh and Jérôme Pélisse Chapter 6. The Politics of Litigation; Jeb Barnes Chapter 7. But is it a harm and who is responsible? Refugees and asylum seeker detention: law, courts and social change; Jennifer Balint

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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 SynopsisThis volume of Studies in Law, Politics and Society explores issues around hatred and the law. Built on contributions from an interdisciplinary and expert collection of scholars, topics covered in this volume include the patterns of death penalty bill introductions across all active death penalty states in the USA from 1999 to 2018 (the so-called 'era of abolition'); the myriad factors contributing to America's limited police and persecutorial response to bias-motivated hate crimes; the complex ways in which the Batman and Joker graphic novels legitimize and challenge the countersubversive politics of American law and order through their portrayal of vigilante justice; the role of social media companies in the regulation of online hate speech; and a socio-legal analysis of gender-based victimization, misogyny and the 'hate crime paradigm' in England and Wales. Through its valuable contribution to our understanding of the nexus between hatred and the law, this volume is essential reading for legal scholars worldwide.Table of ContentsSection I: General Article Chapter 1. Same Procedure as Last Year? Patterns of Death Penalty Bill Introductions in the Era of Abolition 1999-2018; Emma Ricknell Section II: Hatred and the Law: A Symposium Chapter 2. Lack of punishment doesn’t fit the crime; America’s tepid response to bias-motivated crime; Jeannine Bell Chapter 3. “You Complete Me”: Batman, Joker, and the Countersubversive Politics of American Law and Order; Jeffrey R. Dudas Chapter 4. The role of social media companies in the regulation of online hate speech; Chara Bakalis and Julia Hornle Chapter 5. A Socio-Legal Analysis of Gender Based Victimisation, Misogyny and the Hate Crime Paradigm in England and Wales; Marian Duggan

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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 SynopsisThis special issue is part one of a two-part edited collection on interrupting the legal person, and what this means. Should we think of the legal person as a technical and grammatical question that varies across different legal traditions and jurisdictions? Does this cut across different ways of living and speaking law? The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions. This volume is an appealing read for anyone interested in rich contemporary conversations around legal personhood, and in interrupting and interrogating assumptions which we may take for granted.Table of ContentsChapter 1. Reframing Colonial Law's Criminally Accused Persons; George Pavlich Chapter 2. Gitxsan Legal Personhood: Gendered; Val Napoleon Chapter 3. Foucault's Perhaps: Madness, Suffering and the Interruption of Legal Personality in Foucault, Supiot and Hegel; Johan Van Der Walt Chapter 4. Interrupting the Legal Person: Thinking Responsibility with Hannah Arendt; Jennifer L. Culbert Chapter 5. The Role of the Person in Modern Constitutional Law: How State-Inflicted Harms Become Personal; Richard Mailey Chapter 6. The Biopolitics of Settler Colonialism and the Limits of Foucault’s Historical Method; Amy Swiffen and Shoshana Paget Chapter 7. Interrupted by Death: The Legal Personhood and Non-Personhood of Corpses; James R. Martel

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Book SynopsisThis special issue is part two of a two-part edited collection on interrupting the legal person, and what this means. Should we think of the legal person as a technical and grammatical question that varies across different legal traditions and jurisdictions? Does this cut across different ways of living and speaking law? The chapters in this volume interrogate the role of the person and personhood in different contexts, jurisdictions, and legal traditions. This volume is an appealing read for anyone interested in rich contemporary conversations around legal personhood, and in interrupting and interrogating assumptions which we may take for granted.Table of ContentsChapter 1. My Story, Whose Memory: Notes on the Autonomy and Heteronomy of Law; Stewart Motha Chapter 2. The Ship, the Slave, the Legal Person; Renisa Mawani Chapter 3. Working for the Man in the 21st Century: Algorithms, Employment Regulation and the Market; Keally McBride Chapter 4. Revelation and Legal Personhood; Linda Ross Meyer Chapter 5. Sovereign Images and Contested Jurisdictions: Legal Personhood in BC Colonial Law and Through the Writ of Habeas Corpus; Matthew Unger Chapter 6. Trial Personae and the Opacity of the Past; Martha Merrill Umphrey Chapter 7. Interrupting the Legal Person: On Techniques and Grammars of Law?; Mark Antaki and Alexandra Popovici

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Book SynopsisThis special issue investigates the meaning of justice and dignity and how they have changed over time. What do we mean by human dignity? How do we understand and interpret that meaning? How has it evolved? Showcasing a selection of papers responding to this critical central question, the authors delve into issues such as the foundational roles of justice and dignity in practical philosophy and the idea that human dignity must be understood as the right to be recognized as a participant in the institutional practice of human and fundamental rights, analysing how this modern conception was incorporated into the practice of human rights after Auschwitz as a response to a crisis in the modern model of the practice of rights. Furthermore, the authors study examples of misinterpretation of the philosophical term and historical concept of human dignity in contemporary legal theory and practice alongside Kant’s notion of human dignity, that is understood as a novel ‘care of the self’. Self-violation of dignity and the exposure to violation by others – thoughtlessly or intentionally – gives way to an exploration of the language of anti-violence activists, university coordinators, and due process activists concerned with Title IX and campus sexual violence. Providing a comprehensive look at historic and contemporary meanings of human dignity, this edited collection is an appealing read for scholars interested in the intersection of dignity with philosophy, law, human rights, legal theory, social theory, and more.Table of ContentsChapter 1. ‘Care of the Self’ & Political Resistance in Kant’s Notion of Human Dignity: A ‘Critical’ & Novel Explanation; Antonio Pele Chapter 2. ‘Do Not Make Yourself a Worm’ – Reconsidering Dignity as a Duty to Oneself; Katharina Bauer Chapter 3. A New Point of View on Pico's and Kant's Concept of Dignity; Olga Rosenkranzová Chapter 4. Justice or Dignity? Reconciling Foundational Concepts in Practical Philosophy; Stephen Riley Chapter 5. Human Dignity After Auschwitz: Some Animating Ideas; Saulo Monteiro Martinho de Matos Chapter 6. Are There Scientific Grounds for Human Dignity?; Szymon Mazurkiewicz General Article Chapter 7. Whose Campus Culture? Cultural Change and Discursive Frameworks of Title IX; Sarah Cote Hampson and Jamie Huff

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Book SynopsisThis special issue offers an academic analysis of the television series The Americans as a reflection of current social and political trends across the United States. Uncovering the inseparability of the political and the personal through the lives of the central characters, authors consider how their performance challenges our ability to differentiate between the authentic family, the legitimate source of social reproduction and the counterfeit one that disrupts the social order. Focusing on how television’s shift away from the traditional nuclear family is crucial to understanding the relatively rapid acceptance of same-sex marriage in mainstream politics, authors invite consideration and acceptance of alternative family forms that are often represented within LGBTQ communities. Pairing the series with scholarship on criminal law, contributors also delve into how The Americans provides an opportunity to reconsider the significance of the “pro-family” label to New Right organizing, the importance of mothering to this narrative and the relationship between this account of mothering and democratic citizenship more broadly. Drawing on the concept of legal consciousness to examine the relationship between identity and hegemony, chapters also consider how the enactment of legal beliefs and values help individuals to form identities, as well as how these are constrained by popular ideology. Interpreting this television series through a socially charged lens, Law, Politics and Family in ‘The Americans’ offers a compelling insight into the legal and cultural undertones of family dynamics, as well as those at the heart of conservative American politics.Table of ContentsChapter 1. Crimes of The Americans; Richard H. McAdams Chapter 2. Practicing Americans: Foodways, Capitalism and Marriage in The Americans; Anna-Maria Marshall Chapter 3. The Americans Blows the Nuclear Family’s Legal and Political Cover; Susan Burgess Chapter 4. Til’ Death Do Us Part: The Americans and the Domestic Politics of a Queer Family; Claire Rasmussen Chapter 5. "I'm not done with them yet!": Good Mothering in The Americans and the New Right; Mary J. Dudas General Article Chapter 6. Fighting Crime or Needless Time? Disentangling the Reciprocal Effects of Life Without Parole and Violent Crime Using Structural Equation Models; Jeremiah Coldsmith and Ross Kleinstuber

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Book SynopsisThis volume of Studies in Law, Politics and Society examines the contribution of ethnography to our understanding of contemporary legal and political phenomena, with a particular focus on how it enables us to make sense of modern life under conditions of post-colonialism and globalization. Through the examination of case studies such as affirmative action at the University of Michigan, the US government and tribal consultations, the California Current Large Marine Ecosystem, and freedom of speech on campus, this edited volume demonstrates the value of ethnography as a method of scholarly investigation within law and politics. Written by an impressive group of interdisciplinary scholars, this book will prove invaluable to students and researchers in the fields of law and politics.Trade ReviewThis volume consists of five essays by scholars working in anthropology, political science, and liberal studies in the US, who apply ethnography to contemporary societal, legal, and political phenomena. They provide case studies of affirmative action at the U. of Michigan; the H-2 visa and adversarial legalism; legal language in the context of the US government and tribal consultations, particularly with the Hopi Tribe and the US Forest Service; place-based governance identity among the civil servants responsible for the California Current large marine ecosystem; and freedom of speech on college campuses, from the perspectives of legal and public policy and using the example of a talk given by Milo Yiannopoulos at the U. of Washington. -- Copyright 2019 * Portland, OR *Table of ContentsSection I: General Articles Chapter 1. By Other Means: The Continuation Of Affirmative Action Policy At The University Of Michigan; Lauren Foley Chapter 2. Making "Adversarial Legalism" The H-2 Way of Law; Gabrielle E. Clark Section II: Ethnographic Investigations: Perspectives on Contemporary Law and Politics Chapter 3. Ethnography, Jurisdiction and The Meaning of Meaningful Tribal Consultations; Justin B. Richland Chapter 4. Governing Futures: Oceanic Possibilities, Uncertainties, and Expertise; Kathleen M. Sullivan Chapter 5. When Hate Circulates on Campus to Uphold Free Speech; Jessica Johnson

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Book SynopsisThis volume of Studies in Law, Politics and Society considers the crucial role played by intermediaries, such as companies and lawyers, in the legal system.In this special issue, scholars from different disciplines find that, in some instances, legal intermediation can succeed in fulfilling the initial goals of regulation. However, in re-evaluating the role of the legal devices that organizations set up to comply with regulation, this volume also illustrates their diverse impact on legality and legal consciousness in organizations and in economic life.With a broad range of case studies covering anti-discrimination law, financial rules, competition law, labour law and health and safety procedures, this European-focused volume makes an important contribution to the scholarship in this field.Trade ReviewThis volume presents seven essays by business and other researchers from Europe, who discuss legal intermediation using a contingent and processual approach that challenges the current portrayal of legal intermediaries by studying actors who are neither legal professionals nor corporate managers but influence the interpretation of the law; emphasizes the multiple roles of legal devices in shaping compliance or noncompliance; uses an intra-organizational and intra-industry perspective, rather than a field-based perspective; and investigates the relationship between law and economic activity within countries outside of the US and in areas of regulation other than anti-discrimination law. Essays address how activists can move corporate laws beyond compliance, using the example of LGBT and Muslim activists in French corporations; the devices professionals use to rely on the law in terms of tax rebates in French real estate and how this creates distrust toward the law; the 12-hour work legal mechanism of derogation in French public hospitals; nonlegal professionals acting as legal intermediaries; the relationship between the law’s ambiguity and organizational complexity; and contracts as compliance mechanisms in French retail regulation. -- Copyright 2019 * Portland, OR *Table of ContentsIntroduction: The Microfoundations of Legal Intermediation in Organizational Contexts; Sebastian Billows, Lisa Butcher and Jérôme Pélisse Chapter 1. "Companies Can Do Better Than the Law" Securing Rights for Minorities as an Insider Activist in French Corporations; Lisa Butcher Chapter 2. When Legal Intermediation Creates Distrust of the Law: The Market for Tax Rebates in French Real Estate; Camille Herlin-Giret and Alexis Spire Chapter 3. A Multi-level Approach To Legal Intermediation: The Case Of The 12-hour Work Derogation In French Public Hospitals; Fanny Vincent Chapter 4. Varieties of Legal Intermediaries. When Non-Legal Professionals Act as Legal Intermediaries; Jérôme Pélisse Chapter 5. Dismantling Managerial Values. When Law's Ambiguity Meets Organizational Complexity; Alina Surubaru Chapter 6. Contracts as Compliance Mechanisms: Legal Intermediation and the Failure of French Retail Regulation; Sebastian Billows

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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 on the cutting edge of socio-legal research. They consider the complex connections of liberal democracy, human rights, governance in and through courts, the challenges terrorism poses to criminal law, and the problematics of global governance. Taken together, the chapters in this volume point to exciting new directions for legal scholars.Table of ContentsChapter 1. Overcoming Liberal Democracy: 'Threat Governmentality' and the Empowerment of Intelligence in the UK Investigatory Powers Act; Christos Boukalas Chapter 2. Judicial Reform and Legal Opportunity Structure: The Emergence of Strategic Litigation Against Femicide in Mexico; Verónica Michel Chapter 3. Avoiding International Human Rights Law in the Pursuit of Peace; Chris Kendall Chapter 4. Criminalization and the rights bearing subject: Considering the lived experiences of governance in the juvenile court; Elizabeth Brown and Amy Smith Chapter 5. Claiming Food Sovereignty: Legal Mobilization in an Era of Global Governance; Matthew C. Canfield Chapter 6. How Entrapment Still Matters: Partial Successes of Entrapment Claims in Terrorism Prosecutions; Jesse J. Norris

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Book SynopsisThis special issue of Studies in Law, Politics, and Society examines how law understands the past. Topics covered include the use of legal language to dehumanize slaves in the eighteenth century, the use of history by lawyers and judges to justify existing law or make changes to the law during the nineteenth and twentieth centuries, a study of deportation in the context of the evolution of civil rights and civil liberties in the United States, and a re-examination of the significance of the Supreme Court decision Muller v Oregon in 1908. Through its valuable contribution to our understanding of the relationship between law and history, this special issue is essential reading for legal scholars worldwide.Table of ContentsChapter 1. Lawyers and Judges Utilizing History: A Multifaceted Tool for the Profession, 1840–1960; Richard. F. Hamm Chapter 2: Law and Laundry: White Laundresses, Chinese Laundrymen, and the Origins of Muller v. Oregon; Emily A. Prifogle Chapter 3. Mercy Redux: A Genealogy of Special Consideration of Indigenous Circumstances at Sentencing in Canada, from Indian Agents to Gladue and Ipeelee; Jacqueline Briggs Chapter 4. Deportation in the Evolution of Civil Rights and Civil Liberties; Torrie Hester Chapter 5. “Negroes Goods and Merchandizes”: Legal Language and the Dehumanization of Slaves in British Vice Admiralty Courts, 1700–1763; Lee B. Wilson

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Book SynopsisThis volume of "Studies in Law, Politics, and Society" features a symposium on law and film as well as two articles of general interest. It brings together the work of scholars from several disciplines, work which usefully illuminates central questions in the operation of law and legal systems. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.Table of ContentsWhat screen do you have in mind? Contesting the visual context of law and film studies. Strange encounters: Exploring law and film in the affective register. A witness to justice. Projecting the judge: A case study in the cultural lives of the judiciary. Law, Hollywood and the European experience. The location of resistance: Understanding tactics of resistance in the welfare office. Ethics, aesthetics, and law: The Third Man. List of Contributors. EDITORIAL BOARD. 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 a Special Issue on crime and criminal justice. It brings together the work of scholars whose work usefully illuminates central questions in about how we define and process those who violate the criminal law and about the technologies of policing and punishment. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.Table of ContentsList of Contributors. EDITORIAL BOARD. Zoning out disorder: assessing contemporary practices of urban social control. Aspects of non-democratic policing: the rise of the NAZI policing system. Protecting due process in a punitive era: an analysis of changes in providing counsel to the poor. Judicial discretion and the unfinished agenda of American bail reform: lessons from Philadelphia's evidence-based judicial strategy. Understanding mass incarceration as a grand social experiment. Supermax prisons and the trajectory of exception. Studies in law, politics, and society. Studies in law, politics, and society volume 47. Copyright page.

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Book SynopsisRights and rights talk have a long and storied history and have occupied a crucial place in the ideology of liberal legalism. With the development of Critical Legal Studies in the 1970s and 80s, rights were subject to extensive critique. Yet not long after that critique rights were rehabilitated by feminists and Critical Race Theorists. Today, scholars are investigating the role of rights in social movements, in legal consciousness, in organizations, in the international arena, etc. This volume of "Studies in Law, Politics, and Society" contains a Special Issue on rights. It brings together the work of leading scholars to think about the nature, utility and limits of rights. This work takes stock of the field, charts its progress and points the way for its future development.Table of ContentsList of Contributors. EDITORIAL BOARD. Much ado about nothing? The emptiness of rights’ claims in the twenty-first century United States. The right's revolution?: Conservatism and the meaning of rights in modern America. Is there an empirical literature on rights?. Rights at risk: why the right not to be tortured is important to you. Revisiting rights across contexts: Fat, health, and antidiscrimination law. Genocidal rights. Studies in law, politics, and society. Special Issue Revisiting Rights. Copyright page.

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Book SynopsisTrials are well known as paradigmatic legal events. Some attract wide attention; others mostly escape notice. Indeed in the United States trials have recently become rare, with some scholars bemoaning the death of the trial. This issue of "Studies in Law, Politics and Society" contains, along with two general interest articles, a symposium on the past, present, and future of the trial. It brings together the work of leading scholars to think about the nature, utility, and limits of trials. This work takes stock of the field, charts its progress, and points the way for its future development.Table of ContentsList of Contributors. EDITORIAL BOARD. A critical appreciation of the American trial in (current) decline. Stories from the jury room: How jurors use narrative to process evidence. “We had never jumped fences before”: The city, the woman, and the drifter in the Yaakobowitz case. A trial in the life of the environmental justice movement: USA v. Citgo. Legalizing public reason: The American dream, same-sex marriage, and the management of radical disputes. Little monsters, wild animals, and welfare queens: Ronald Reagan and the legal constitution of American politics. 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" brings together research on law's cultural life and on institutions and actors who translate interests, preferences, and values into legal policy. It offers perspectives from an interdisciplinary and international community and contains contributions from scholars of theology, political science, criminology, bio-ethics, and law in the United States, Israel, and Canada.Table of ContentsList of Contributors. EDITORIAL BOARD. “They come against them with the power of the Torah”: rabbinic reflections on legal fiction and legal agency. From Paratroopers. Shifting social norms: Genetic privacy and the spillover effect. Punishment, purpose, and place: A case study of Arizona's prison siting decisions. Human, not too human: Why is mediation a profound alternative to the legal proceedings?. It takes all kinds: Observations from an event-centered approach to cause lawyering. 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 brings together research by graduate students from universities in the United States and the United Kingdom. The work of these students was singled out by their teachers and advisors as showing unusual promise and marking out directions for the next generation of interdisciplinary legal scholars. The research collected here is often comparative. It is theoretically informed and rigorous in its methods. Taken together it shows breadth and excellence, and it signals the continuing vibrancy of interdisciplinary legal studies.Table of ContentsList of Contributors. EDITORIAL BOARD. “Hybrid” justice at the special court for Sierra Leone. Surviving property: Resistance against urban housing nationalization during the transition to communism (Romania, 1950–1965). Disciplinary evolution of Turkish prisons, 1980. “I'm gonna call my lawyer:” shifting legal consciousness at the intersection of inequality. A more global court? A call for a new perspective on judicial globalization and its effect on the U.S. Supreme Court. The sovereign city?: Negotiating self-determination in an American military enclave. Technique and Technology in the Kitchen: Comparing Resistance to Municipal Trans. Indigeneity: Before and beyond the law. Studies in law, politics, and society. Studies in law, politics, and society. Copyright page.

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