Half 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.

Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

A[a�?The notion . . . that miscarriages of justice are not simply idiosyncratic instances, but are rather part of the ordinary machinery of law, is a crucial insight, one that deserves this kind of book-length treatment.A[a�?
--James MaMartell, author of "Subverting the Leviathan: Reading Thomas Hobbes as a Radical Democrat"

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system.

The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion.

When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in thelawA[a�a[s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system.

Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

This book seeks to illuminate what we call the cultural lives of cause lawyers by examining their representation in various popular media (including film, fiction, mass-marketed non-fiction, television, and journalism), the work they do as creators of cultural products, and the way those representations and products are received and consumed by various audiences. By attending to media representations and the culture work done by cause lawyers, we can see what material is available for citizens and others to use in fashioning understandings of those lawyers. This book also provides a vehicle for determining whether, how, and to what extent cause lawyering is embedded in the discourses and symbolic practice around which ordinary citizens organize their understanding of social, political, and legal life. This book brings together research on the legal profession with work that takes up the analysis of popular culture. Contributors to this work include scholars of popular culture who turn their attention to cause lawyers and experts on cause lawyering who in turn focus their attention on popular culture. This is a joining of perspectives that is both long overdue and fruitful for both kinds of scholarship.

"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."

Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama's seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration's harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time.

Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they "should."

When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis.

Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.

Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are, Who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.

This special volume of "Studies in Law, Politics, and Society" takes up a subject of an enormous import for law and legal scholarship, Guilt. At the center of our belief in law is the hope and expectation that law can differentiate the guilty from the innocent. But as the articles in this volume show law's relationship to guilt is more complex and vexed than that. Law constitutes us as guilty subjects and law itself is a guilty subject. The articles in this volume explore law's guilt about literature, various domains in which bodies of guilt appear, and historical perspectives on the subject of guilt. Taken together they exemplify the way interdisciplinary scholarship opens up new questions and new avenues of inquiry about the social and cultural life of law.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family. The articles published here exemplify the exciting and innovative work being done in interdisciplinary legal scholarship.

Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. Their work examines the complex intersections of sovereignty, legality, and power, the relationship between legal theory and critique, and the way identity politics shapes public policy. The articles published here illuminate some of the exciting and innovative work being done in interdisciplinary legal scholarship.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work spans the social sciences, humanities, and the law. Those scholars examine the nature of family and the intersection of family and law, the way contexts shape legal actors, and the nature of rights and resistance. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

DESCRIPTION: This volume of Studies in Law, Politics, and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on the relationship of law and values and race and the law. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship. TABLE OF CONTENTS: List of contributors; Law and Values: Interpretive freedom and divine law: early rabbinic renderings of divine justice (C. Halberstam); Rawls' law of peoples: an expansion of the prioritization of political over religious values (E. Carpenter); Post modernity and the fading of individual responsibility (J. Krapp); Race in Law; Passing phantasms/sanctioning perfomativities: (re)reading white masculinity in Rhinelander v. Rhine lander (N. Hers); Tortious race, race torts: hate speech, intentional infliction, and the problem of harm (P.L. Rivers); Before or against the law? Citizens' legal beliefs and experiences as death penalty jurors (B. Steiner).

This volume presents articles by an interdisciplinary and international group of scholars spanning the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family.

Beginning with an overview of the history and philosophy of punishment, these articles explore penal practices in the modern state and the deeper philosophical and social aspects of retributive justice.

Volume 22 of "Studies in Law, Politics and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law, and examines the law's violence, law in literature and film, family life and family policy, and new perspectives in sociolegal theory. Together these articles demonstrate the work being done in interdisciplinary legal scholarship.

Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law and examines new perspectives on legal relationships and events, punishment as a literary and philosophical issue, and custom and experience in law and society. The articles published here illuminate some of the exciting work being done in interdisciplinary legal scholarship.

This 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.

Volume 37 of "Studies in Law, Politics, and Society" presents a special issue devoted to exploring humanistic perspectives on the subject of punishment. Drawing together a distinguished group of interdisciplinary scholars, it explores the way "deviant" subjects are constructed and made available for punishment, the philosophical context within which decisions about punishment are made, and the inner workings of the penal apparatus. Diverse in their theoretical inspirations and approaches, the articles published here represent a significant advance in our understanding of the complex intersections of punishment, politics, and culture.

This volume presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines the many ways citizens learn about law, law beyond the nation-state and the relationship of law and labour.

It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.

Hardbound. This volume of Studies in Law, Politics and Society presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. Their work examines the legal regulation of dangerous intimacies, the way the body is represented in legal discourse and practice, disputes about images, and new perspectives in sociolegal theory. Together these articles illuminate some of the exciting and innovative work being done in interdisciplinary legal scholarship.

View the Table of Contents. Read the Introduction.

aExpertly dissects the racist underpinnings of capital punishment while pushing some intellectual boundaries.a
--"International Socialist Review"

aThe authors give the nation an unflinching view of the shameful influence of racism in death penalty cases. This is a must read for anyone who cares about fairness in application of the death penalty and respect for the rule of law in our modern society.a
--Senator Edward M. Kennedy

aOgeltree and Sarat combine the most severe criminal punishment with the bugaboo of racial class and prejudice in their book From Lynch Mobs to the Killing State. The professors astutely note that the death penalty is often used as a club to keep poor and desperate minorities in line in the larger white society.a
--"Black Issues Book Review"

aAn elegant compendium of essays written by sociologists, historians, criminologists, and lawyers. The essays starkly reveal how this countryas death penalty has its roots in lynchings, and how it operates to sustain a racist agenda.a
--"The Federal Lawyer"

"This book offers thoughtful and wide-ranging assessments of how America's most dramatic punishment intersects with America's deepest and most divisive social problem. These essays go far beyond the obvious and offer much of interest both for those with a particular interest in the death penalty and for those who seek to understand and to ameliorate our country's shameful legacy of racial inequality. This is the rare book that will be helpful to the student, the scholar, and the activist alike."
--Carol Steiker, Harvard Law School

"Essential reading for all who are seeking to understand thecontemporary American death penalty or to imagine an America without one."
--Jonathan Simon, School of Law-Boalt Hall, University of California, Berkeley

"A major contribution."
--Randy A. Hertz, NYU School of Law

"Riveting and very timely. Remarkably, the book creatively assembles social history, demographic and statistical analysis, experimental psychology, and legal history and finds a common truth: the death penalty may be one of the most persistent, self-reinforcing ways we uphold racial division."
--Robert Weisberg, Stanford University Law School

"The book is bound to influence the thinking of many who tolerate if not actively support the death penalty because of the way it shows how deeply entrenched are the shameful racist attitudes and practices in our nation's dominant (white) culture."
--Hugo Adam Bedau, editor of "The Death Penalty in America"

"This is the first recent volume to address race and capital punishment in such a broad, systematic, and--perhaps most importantly--multi-disciplinary fashion."
--David R. Dow, University of Houston Law Center

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment.

In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essaysapproach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.

From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.