"Law and War" explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war--a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn.
In examining this fraught, contested, and evolving relationship, "Law and War" investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?

Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains--the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

It doesn't require a strong imagination to get a sense of the mayhem Trump will unleash if he loses a closely contested election. It is no less disturbing to imagine Trump still insisting that he is the rightful leader of the nation. With millions of diehard supporters firmly believing that their revered president has been toppled by malignant forces of the Deep State, Trump could remain a force of constitutional chaos for years to come. WILL TRUMP GO? addresses such questions as: How might Trump engineer his refusal to acknowledge electoral defeat? What legal and extra-legal paths could he pursue in mobilizing a challenge to the electoral outcome? What legal, political, institutional and popular mechanisms can be used to stop him? What would be the fallout of a failure to remove him from office? What would be the fallout of a successful effort to unseat him? Can our democracy snap back from Trump? Trump himself has essentially told the nation he will never accept electoral defeat. A book that prepares us for Trump's refusal to concede, then, is hardly speculative; it is a necessary precaution against a coming crisis.

An analysis of how problematic laws ought to be framed and considered From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be-whether Dred Scott v. Sanford or Plessy v. Ferguson-the stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law's complicity in evil.

In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk's legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was twice stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka--only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler's SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk's bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law's effort to bring legal closure to the most horrific chapter in modern history.

Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence.
This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations.
This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, "Law without Nations" offers sharp analyses of the fraught relationship between the nation and the state--and the legal forms and practices that they require, constitute, and violently contest.

Law calls communities into being and constitutes the "we" it governs. This act of defining produces an outside as well as an inside, a border whose crossing is guarded, maintaining the identity, coherence, and integrity of the space and people within. Those wishing to enter must negotiate a complex terrain of defensive mechanisms, expectations, assumptions, and legal proscriptions. Essentially, law enforces the boundary between inside and outside in both physical and epistemological ways.
"Law and the Stranger" explores the ways law identifies and responds to strangers within and across borders. It analyzes the ambiguous place strangers occupy in communities not their own and reflects on how dealing with strangers challenges the laws and communities that invite or parry them. As the book reveals, strangers are made through law, rather than born through accidents of geography.

The proliferation of images of law, legal processes, and officials on television and in film is a phenomenon of enormous significance. Mass-mediated images are as powerful, pervasive, and important as are other early twenty-first-century social forces - e.g. globalization, neo-colonialism, and human rights - in shaping and transforming legal life. Yet scholars have only recently begun to examine how law works in this new arena and to explore the consequences of the representation of law in the moving image. Law on the Screen advances our understanding of the connection between law and film by analyzing them as narrative forms, examining film for its jurisprudential content - that is, its ways of critiquing the present legal world and imagining an alternative one - and expanding studies of the representation of law in film to include questions of reception. The Amherst Series in Law, Jurisprudence, and Social Thought

Oliver Vice, forty-one, prominent philosopher, scholar, and art collector, is missing and presumed dead, over the side of "Queen Mary 2."Troubled by his friend's possible suicide, the unnamed narrator of Lawrence Douglas' new novel launches an all-consuming investigation into Vice's life history. Douglas, moving backward through time, tells a mordantly humorous story of fascination turned obsession, as his narrator peels back the layers of the Vice family's rich and bizarre history. At the heart of the family are Francizka, Oliver's handsome, overbearing, vaguely anti-Semitic Hungarian mother, and his fraternal twin brother, Bartholomew, a gigantic and troubled young man with a morbid interest in Europe's great tyrants. As the narrator finds himself drawn into a battle over the family's money and art, he comes to sense that someone--or perhaps the entire family--is hiding an unsavory past. Pursuing the truth from New York to London, from Budapest to Portugal, he remains oblivious to the irony of the search: that in his need to understand Vice's life, he is really grappling with ambivalence about his own.

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

"Law and the Utopian Imagination" seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet--who writes seriously on the idea of utopia today?
The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.

An analysis of how problematic laws ought to be framed and considered From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be-whether Dred Scott v. Sanford or Plessy v. Ferguson-the stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law's complicity in evil.

The study of catastrophe is a growth industry. Today, cosmologists scan the heavens for asteroids of the kind that smashed into earth some ninety million years ago, leading to the swift extinction of the dinosaurs. Climatologists create elaborate models of the chaotic weather and vast flooding that will result from the continued buildup of greenhouse gases in the planet's atmosphere. Terrorist experts and homeland security consultants struggle to prepare for a wide range of possible biological, chemical, and radiological attacks: aerated small pox virus spread by a crop duster, botulism dumped into an urban reservoir, a dirty bomb detonated in a city center.
Yet, strangely, law's role in the definition, identification, prevention, and amelioration of catastrophe has been largely neglected. The relationship between law and other limiting conditions2;such as states of emergency2;has been the subject of rich and growing literature. By contrast, little has been written about law and catastrophe. In devoting a volume to the subject, the essays' authors sketch the contours of a relatively fresh, yet crucial, terrain of inquiry. "Law and Catastrophe" begins the work of developing a "jurisprudence" of catastrophe.

The specter of the sacred always haunts the law, even in the most resolute of contemporary secular democracies. Indeed, the more one considers the question of the relation between law and the sacred, the more it appears that endless debate over the proper relationship of government to religion is only the most quotidian example of a problematic that lies at the heart of law itself. And currently, as some in the United States grapple with the seeming fragility of secular democracy in the face of threatening religious fundamentalisms, the question has gained a particular urgency. This book explores questions about the fundamental role of the sacred in the constitution of law, historically and theoretically. It examines contemporary efforts to separate law from the sacred and asks: How did the division of law and sacred come to be, in what ways, and with what effects? In doing so, it highlights the ambivalent place of the sacred in the self-image of modern states and jurisprudence. For if it is the case that, particularly in the developed West, contemporary law posits a fundamental conceptual divide between sacred and secular, it nevertheless remains true that the assertion of that divide has its own history, one that defines Western modernity itself.

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law's relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.

In 2009, Harper's Magazine sent war-crimes expert Lawrence Douglas to Munich to cover the last chapter of the lengthiest case ever to arise from the Holocaust: the trial of eighty-nine-year-old John Demjanjuk. Demjanjuk's legal odyssey began in 1975, when American investigators received evidence alleging that the Cleveland autoworker and naturalized US citizen had collaborated in Nazi genocide. In the years that followed, Demjanjuk was twice stripped of his American citizenship and sentenced to death by a Jerusalem court as "Ivan the Terrible" of Treblinka--only to be cleared in one of the most notorious cases of mistaken identity in legal history. Finally, in 2011, after eighteen months of trial, a court in Munich convicted the native Ukrainian of assisting Hitler's SS in the murder of 28,060 Jews at Sobibor, a death camp in eastern Poland. An award-winning novelist as well as legal scholar, Douglas offers a compulsively readable history of Demjanjuk's bizarre case. The Right Wrong Man is both a gripping eyewitness account of the last major Holocaust trial to galvanize world attention and a vital meditation on the law's effort to bring legal closure to the most horrific chapter in modern history.

When citizens think about law's ways of knowing and about how legal officials gather information, assess factual claims, and judge people and situations, they are often confused by the seemingly arcane and constrained quality of the information-gathering, fact-evaluating procedures that legal officials employ or impose. Yet, law's ways of knowing are as varied as the institutions and officials who populate any legal system. From the rules of evidence to the technologies of risk management, from the practices of racial profiling to the development of trade knowledge, from the generation of independent knowledge practices to law's dependence on outside expertise, even a brief survey shows that law knows in many different ways, that its knowledge practices are contingent and responsive to context, and that they change over time.

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

Meet Daniel Wellington: art historian, academic star, devoted husband, and total basket case. Although Daniel has known nothing but success, he's convinced the future promises nothing but disaster. When his wife, known simply as R., presents him with a tiny, size-XXS Yale sweatshirt, Daniel is seized by the impulse to bolt; the specter of imminent fatherhood sends him into a full-blown existential crisis. Soon this well-intentioned young professor finds himself plotting bigamy, lying about his past, imagining his pregnant wife in the arms of an androgynous grad student, and explaining to the dean his obscene e-mail to the lead in a student production of Miss Julie. From an idyllic New England campus to the rarefied art worlds of Berlin and London, The Catastrophist charts the rise and fall and partial rebound of an ambivalent but endearing Everyman and heralds the appearance of a major new comedic voice in American fiction..

At last, the thinking person's answer to the life of the mind in today's increasingly mindless, anti-intellectual age. SENSE AND NONSENSIBILITY pokes fun at everyone from self-important scholars to pompous professors; from anally-retentive authors to plagiarising poets; from snake-oil therapists to the cyber-speaking cognoscenti. This singular collection by professors Lawrence Douglas and Alexander George brings together some of their most popular pieces, along with several all-new-ones, including: - The Academy Awards for novels - with categories for 'Best Female Protagonist, Doomed', 'Best Narrator, Unreliable', and 'Best Novel, Unfinishable by a Reader' - Home Shopping University - offering the greatest ideas in western history at rock-bottom prices - The best in 'Self-helplessness' books - I'M OKAY, I'M OKAY: ACCEPTING NARCISSISM - THE PENIS ORATIONS - literature's answer to THE VAGINA MONOLOGUES From pay-per-call phone lines that cater to cerebral fetishes to behind-the-scenes reports on what happens when Hollywood takes on Kant, SENSE AND NONSENSIBILITY is for anyone looking for a good read, a good laugh and life beyond Harry Potter.

This powerful book offers the first detailed examination of the law's response to the crimes of the Holocaust. In vivid prose it offers a fascinating study of five exemplary proceedings-the Nuremberg trial of the major Nazi war criminals, the Israeli trials of Adolf Eichmann and John Demjanjuk, the French trial of Klaus Barbie, and the Canadian trial of Holocaust denier Ernst Zundel. These trials, the book argues, were "show trials" in the broadest sense: they aimed to do justice both to the defendants and to the history and memory of the Holocaust. With insight Lawrence Douglas explores how prosecutors and jurors struggled to submit unprecedented crimes to legal judgment, and in so doing, to reconcile the interests of justice and pedagogy. Against the attacks of such critics as Hannah Arendt, Douglas defends the Nuremberg and Eichmann trials as imaginative, if flawed, responses to extreme crimes. By contrast, he shows how the Demjanjuk and Zundel trials turned into disasters of didactic legality, obfuscating the very history they were intended to illuminate. In their successes and shortcomings, Douglas contends, these proceedings changed our understandings of both the Holocaust and the legal process-revealing the value and limits of the criminal trial as a didactic tool.