Law, Meaning, and Violence – serie

Can Israel be both Jewish and democratic?Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism. Leora Bilsky is Professor of Law, Tel Aviv University.

Thorough and unbiased, Among the Lowest of the Dead is a gripping narrative that provides an unprecedented journalistic look into the actual workings of the capital punishment system. "Has all the tension of the best true crime stories . . . This is journalism at its best." --Library Journal"A compelling argument against capital punishment. . . . Examining politicians, judges (including Supreme Court Justices), prosecutors, defense attorneys and the condemned themselves, the author makes an effective case that, despite new laws, execution is no less a lottery than it has always been."--Publishers Weekly"In a fine and important book, Von Drehle writes elegantly and powerfully. . . . Anyone certain of their opinion about the death penalty ought to read this book." -- Booklist"An extremely well-informed and richly insightful book of great value to students of the death penalty as well as intelligent general readers with a serious interest in the subject, Among the Lowest of the Dead is also exciting reading. The book is an ideal guide for new generations of readers who want to form knowledgeable judgments in the continuing--and recently accelerating--controversies about capital punishment."--Anthony Amsterdam, New York University"Among the Lowest of the Dead is a powerfully written and meticulously researched book that makes an invaluable contribution to the growing public dialogue about capital punishment in America. It's one of those rare books that bridges the gap between mass audiences and scholarly disciplines, the latter including sociology, political science, criminology and journalism. The book is required reading in my Investigative Journalism classes--and my students love it!"--David Protess, Northwestern University"Among The Lowest of the Dead deserves a permanent place in the literature as literature, and is most relevant to today's death penalty debate as we moderate advocates and abolitionists search for common ground."--Robert Blecker, New York Law SchoolDavid Von Drehle is Senior Writer, The Washington Post and author of Triangle: The Fire that Changed America.

"Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate."-New York Law Journal "Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry."-Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union"The source for anyone interested in a balanced analysis of the lawsuits against the gun industry."-David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health"Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers."-James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work?"In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries."-Philip J. Cook, Duke University"An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism."-Paul Blackman, retired pro-gun criminologist and advocateGun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others.Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control.Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues.Contributors:Tom BakerDonald BramanBrannon P. DenningTom DiazHoward M. ErichsonThomas O. Farrish Shannon FrattaroliJohn GastilDan M. KahanDon B. KatesTimothy D. LyttonJulie Samia MairRichard A. NagaredaPeter H. SchuckStephen D. SugarmanStephen TeretWendy Wagner

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

Black males are disproportionately "in trouble" and suspended from the nation’s school systems. This is as true now as it was when Ann Arnett Ferguson’s now classic Bad Boys was first published. Bad Boys offers a richly textured account of daily interactions between teachers and students in order to demonstrate how a group of eleven- and twelve-year-old males construct a sense of self under adverse circumstances. This new edition includes a foreword by Pedro A. Noguera, and an afterword and bibliographic essay by the author, all of which reflect on the continuing relevance of this work nearly two decades after its initial publication.

In Sacred Violence, the distinguished political and legal theorist Paul W. Kahn investigates the reasons for the resort to violence characteristic of premodern states. In a startling argument, he contends that law will never offer an adequate account of political violence. Instead, we must turn to political theology, which reveals that torture and terror are, essentially, forms of sacrifice. Kahn forces us to acknowledge what we don't want to see: that we remain deeply committed to a violent politics beyond law.Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and Director of the Orville H. Schell, Jr. Center for International Human Rights.Cover Illustration: "Abu Ghraib 67, 2005" by Fernando Botero. Courtesy of the artist and the American University Museum.

The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC’s first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP’s involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda’s term thus offers the perfect opportunity to examine the first Prosecutor’s singular efforts to strengthen international justice, in all its facets.

In Curating Community: Museums, Constitutionalism, and the Taming of the Political, Stacy Douglas challenges the centrality of sovereignty in our political and juridical imaginations. Creatively bringing together constitutional, political, and aesthetic theory, Douglas argues that museums and constitutions invite visitors to identify with a prescribed set of political constituencies based on national, ethnic, or anthropocentric premises. In both cases, these stable categories gloss over the radical messiness of the world and ask us to conflate representation with democracy. Yet the museum, when paired with the constitution, can also serve as a resource in the production of alternative imaginations of community. Consequently, Douglas’s key contribution is the articulation of a theory of counter-monumental constitutionalism, using the museum, that seeks to move beyond individual and collective forms of sovereignty that have dominated postcolonial and postapartheid theories of law and commemoration. She insists on the need to reconsider deep questions about how we conceptualize the limits of ourselves, as well as our political communities, in order to attend to everyday questions of justice in the courtroom, the museum, and beyond.Curating Community is a book for academics, artists, curators, and constitutional designers interested in legacies of violence, transitional justice, and democracy.

The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.

Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time.Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.

Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.

Biblical Judgments invites readers to consider today's timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible. By focusing on biblical narratives and literature rather than on traditional interpretations of biblical law, Daphne Barak-Erez is able to look beyond specific legal norms to concentrate on what the stories can reveal about the "big" issues. She discusses questions such as: What can modern-day governmental regulation learn from the exercise of food rationing in Egypt as a response to Pharaoh's dream of a future famine? How does social distancing in the time of Covid-19 compare with people sent outside the camp as a precautionary measure against bible-era plagues? What can promoters of social justice glean from the demands made to Moses that daughters should also inherit from their father when biblical law did not recognize inheritance rights of women? Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn from them and with them about legal dilemmas today.

Sierra Leone is often sensationalized as a place of extreme violence and suffering—of blood diamonds, child soldiers, war amputations, and Ebola and now the highly addictive drug Kush. Before Before captures daily life in a different country, one Betsy Small first encountered as a Peace Corps worker between 1984–1987, and then rediscovered when she returned decades later with her daughter. Living in Tokpombu, a remote community of forty rice-farming families, the author faced struggles that changed her forever and witnessed the growing tensions in this rainforest village—between the young and old, between the traditions of oral history and honoring the ancestors valued by the elders and the siren call of the illicit diamond mines faced by the youth. Before Before offers a rare portrait of everyday people, with particular focus on the lives of women and girls, before the brutal war of 1991 tore the country apart. Through Small’s account of immersion in another world as she witnessed injustice and was welcomed as a friend, readers are invited to explore the shared ground of our humanity.

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

In a society increasingly dominated by zero-tolerance thinking, Punishing Schools argues that our educational system has become both the subject of legislative punishment and an instrument for the punishment of children. William Lyons and Julie Drew analyze the connections between state sanctions against our schools (the diversion of funding to charter schools, imposition of unfunded mandates, and enforcement of dubious forms of teacher accountability) and the schools' own infliction of punitive measures on their students-a vicious cycle that creates fear and encourages the development of passive and dependent citizens. "Public schools in the United States are no longer viewed as a public good. On the contrary, they are increasingly modeled after prisons, and students similarly have come to mirror the suspicions and fears attributed to prisoners. Punishing Schools is one of the most insightful, thoughtful, and liberating books I have read on what it means to understand, critically engage, and transform the present status and state of schools from objects of fear and disdain to institutions that value young people, teachers, and administrators as part of a broader vision of social justice, freedom, and equality. William Lyons and Julie Drew have done their homework and provide all the necessary elements for understanding and defending schools as public spheres that are foundational to a democracy. This book should be required reading for every student, teacher, parent, and concerned citizen in the United States. In the end, this book is not just about saving schools, it is also about saving democracy and offering young people a future that matters."--Henry Giroux, McMaster University"This is an important book . . . a distinctive contribution. The authors move back and forth convincingly between the micropolitics of school discipline and the 'politics writ large' of the liberal left and the utopian right. The result is an expansive, idealistic, and well-grounded book in the spirit of the very best of social control literature." --Stuart Scheingold, Professor Emeritus, Political Science, University of WashingtonWilliam Lyons is Director of Center for Conflict Management and Associate Professor of Political Science, University of Akron. Julie Drew is Associate Professor of English, University of Akron.

The past two decades have seen profound changes in the legal profession. Lives of Lawyers Revisited extends Michael Kelly’s work in the original Lives of Lawyers, offering unique insights into the nature of these changes, examined through stories of five extraordinarily varied law practices. By placing the spotlight on organizations as phenomena that generate their own logic and tensions, Lives of Lawyers Revisited speaks to the experience of many lawyers and anticipates important issues on the professional horizon."Michael Kelly has done it again! His Lives of Lawyers Revisited is a very easy read about some very difficult notions like 'litigation blindness' and law as a business. It presents some fascinating perspectives on our profession."—J. Michael McWilliams, Past President, American Bar Association"The best single book about the American realities and possibilities of the American legal profession, combining an empathic and insightful account of law practice with a penetrating analysis of the wider context of professional work."—Marc Galanter, University of Wisconsin"Michael Kelly believes that professional values and conduct are not realized in codes, but in the experiences of practice, and that practice draws its routines and ideals from organizations. Through his studies of lawyers in various firms, closely observed and sympathetically described, Kelly reveals how differently organizations adapt to the intense pressures of today's practice environment. His method of linking individual life-experiences to organizational strategies and the external constraints of competition and client demands infuses realism and richness into the concept of professionalism and makes this one of the most interesting and original books on professions and professionalism to appear in years."—Robert W. Gordon, Yale Law School"In his two volumes of Lives of Lawyers, Michael Kelly explores legal ethics in an unusual, and unusually rewarding, way. Rather than focusing on rules or arguments, Kelly looks at the kind of lives lawyers lead. Ethics, Socrates thought, is about how to live one's life, and Kelly takes the Socratic question to heart. He explores the institutions lawyers work in and the choices they make. He writes with intelligence, great insight, and above all with heart. This is a superb book."—David Luban, Georgetown UniversityMichael J. Kelly is President and Chairman of the Board of the National Senior Citizens Law Center, an advocacy group for older Americans of limited means.

Most of us think of punishment as an ugly display of power. But punishment also tells us something about the ideals and aspirations of a people and their government. How a state punishes reveals whether or not it is confident in its own legitimacy and sovereignty. Punishment and Political Order examines the questions raised by the state’s exercise of punitive power—from what it is about human psychology that desires sanction and order to how the state can administer pain while calling for justice. Keally McBride's book demonstrates punishment's place at the core of political administration and the stated ideals of the polity."From start to finish this is a terrific, engaging book. McBride offers a fascinating perspective on punishment, calling attention to its utility in understanding political regimes and their ideals. She succeeds in reminding us of the centrality of punishment in political theory and, at the same time, in providing a framework for understanding contemporary events. I know of no other book that does as much to make the subject of punishment so compelling."—Austin Sarat, Amherst College"Punishment and Political Order will be welcome reading for anyone interested in understanding law in society, punishment and political spectacle, or governing through crime control. This is a clear, accessible, and persuasive examination of punishment—as rhetoric and reality. Arguing that punishment is a complex product of the social contract, this book demonstrates the ways in which understanding the symbolic power and violence of the law provides analytical tools for examining the ideological function of prison labor today, as well as the crosscutting and contingent connections between language and identity, legitimation and violence, sovereignty and agency more generally."—Bill Lyons, Director, Center for Conflict Management, University of Akron"Philosophical explorations of punishment have often stopped with a theory of responsibility. McBride's book moves well beyond this. It shows that the problem of punishment is a central issue for any coherent theory of the state, and thus that punishment is at the heart of political theory. This is a stunning achievement."—Malcolm M. Feeley, University of California at BerkeleyKeally McBride is Assistant Professor of Politics at the University of San Francisco.

The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.

Making Endless War is built on the premise that any attempt to understand how the content and function of the laws of war changed in the second half of the twentieth century should consider two major armed conflicts, fought on opposite edges of Asia, and the legal pathways that link them together across time and space. The Vietnam and Arab-Israeli conflicts have been particularly significant in the shaping and attempted remaking of international law from 1945 right through to the present day. This carefully curated collection of essays by lawyers, historians, philosophers, sociologists, and political geographers of war explores the significance of these two conflicts, including their impact on the politics and culture of the world’s most powerful nation, the United States of America. The volume foregrounds attempts to develop legal rationales for the continued waging of war after 1945 by moving beyond explaining the end of war as a legal institution, and toward understanding the attempted institutionalization of endless war.

Biblical Judgments invites readers to consider today's timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible. By focusing on biblical narratives and literature rather than on traditional interpretations of biblical law, Daphne Barak-Erez is able to look beyond specific legal norms to concentrate on what the stories can reveal about the "big" issues. She discusses questions such as: What can modern-day governmental regulation learn from the exercise of food rationing in Egypt as a response to Pharaoh's dream of a future famine? How does social distancing in the time of Covid-19 compare with people sent outside the camp as a precautionary measure against bible-era plagues? What can promoters of social justice glean from the demands made to Moses that daughters should also inherit from their father when biblical law did not recognize inheritance rights of women? Rather than offering a historical study, Barak-Erez draws upon famous court decisions from around the world to root her analysis in modern law. Organized by subject matter, Biblical Judgments analyzes how the themes of law and government, judging and judges, human rights and social justice, criminal law, private law, and family and inheritance law are presented through a number of different stories. In recounting the compelling narratives of the Hebrew Bible, Biblical Judgments exposes their inherent legal tensions and what we can learn from them and with them about legal dilemmas today.

Sierra Leone is often sensationalized as a place of extreme violence and suffering—of blood diamonds, child soldiers, war amputations, and Ebola and now the highly addictive drug Kush. Before Before captures daily life in a different country, one Betsy Small first encountered as a Peace Corps worker between 1984–1987, and then rediscovered when she returned decades later with her daughter. Living in Tokpombu, a remote community of forty rice-farming families, the author faced struggles that changed her forever and witnessed the growing tensions in this rainforest village—between the young and old, between the traditions of oral history and honoring the ancestors valued by the elders and the siren call of the illicit diamond mines faced by the youth. Before Before offers a rare portrait of everyday people, with particular focus on the lives of women and girls, before the brutal war of 1991 tore the country apart. Through Small’s account of immersion in another world as she witnessed injustice and was welcomed as a friend, readers are invited to explore the shared ground of our humanity.

Employee drug testing is an invasive and controversial new social control policy that burst into the American work place during the war on drugs of the 1980s. Workers, judges, and politicians divided over whether it was an unnecessary and unconstitutional program of surveillance or an effective and appropriate new weapon in the anti-drug arsenal. When the dust had settled, the new technique was widely used and had been strongly approved by the United States Supreme Court. This raises the fundamental question: Why was the momentum behind testing so strong and the opposition to testing so ineffective? Drawing on theories of ideological hegemony and legal mobilization, John Gilliom begins the search for answers with an examination of how the imagery of a national drug crisis served as the legitimating context for the introduction of testing. Surveillance, Privacy, and the Law then moves beyond the specific history of testing and frames the new policy within a broader transformation of social control policy seen by students of political economy, society, and culture. The book cites survey research among skilled workers and analyzes court opinions to highlight the sharply polarized opinions in the workplaces and courthouses of America. Although federal court decisions show massive and impassioned disagreement among judges, the new conservative Supreme Court comes down squarely behind testing. Its ruling embraces surveillance technology, rejects arguments against testing, and undermines future opposition to policies of general surveillance. Surveillance, Privacy, and the Law portrays the apparent triumph of testing policies as a victory for the conservative law-and-order movement and a stark loss for the values of privacy and autonomy. As one episode in a broader move toward a surveillance society, the battle over employee drug testing raises disturbing questions about future struggles over revolutionary new means of surveillance and control. John Gilliom is Professor of Political Science, Ohio University.

Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice.Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism.". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --ChoiceDavid Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.

"War stories" is the phrase used by academic lawyers to disparage the ways practicing lawyers talk about their experiences. Gary Bellow and Martha Minow in Law Stories have gathered a group of stories that explore the actual experiences of clients and lawyers in concrete legal contexts.The essays in Law Stories are all first-person accounts of law problems and the way they were handled, written by lawyers involved in the problems. They offer the voice and insight of the self-reflective practitioner. As such they provide us with a dimension missing from many third-person accounts of cases, a layer of emotion and perspective on legal institutions experienced by people caught or working within them.Focusing on cases arising in public interest practices, the stories deal with problems arising from child custody, parental rights in a Head Start program, the consequences of large corporate bankruptcy for the corporation's retirees, juvenile crime, unemployment benefits, the rights of a victim of crime, the rights of welfare recipients, and the rights of small shareholders. These stories raise a variety of questions, including the nature and extent of the lawyer's role, the way the system listens to certain kinds of stories told in certain ways and refuses to hear other stories, how participation in the legal system affects the identity of those who are involved in it and how the popular image of law and legal processes differs from the reality depicted in these cases. This book will appeal to both practitioners and teachers of law as well as social scientists interested in studying the role and place of law in the system.The contributors include Anthony Alfieri, Gary Bellow, Lenora M. Lapidus, Alice and Staughton Lynd, Martha Minow, Nell Minow, Charles Ogletree, Abbe Smith, Lynne Weaver, and Lucie E. White."[Law Stories will] enlighten not only law students but the general and professional public who will find these accounts as compelling as any work of popular fiction. Unhappily, these accounts of law's inadequacy as a vehicle for social justice are not fictions. . . ." --Law and Politics Book ReviewGary Bellow and Martha Minow are Professors of Law, Harvard Law School.

In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation. Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative. This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society.Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.

In this in-depth examination of community policing in Seattle, William T. Lyons, Jr. explores the complex issues associated with the establishment and operation of community policing, an increasingly popular method for organizing law enforcement in this country. Stories about community policing appeal to a nostalgic vision of traditional community life. Community policing carries with it the image of a safe community in which individual citizens and businesses are protected by police they know and who know them and their needs. However, it also carries an image of community based in partnerships that exclude the least advantaged, strengthen the police, and are limited to targeting those disorders feared by more powerful parts of the community and most amenable to intervention by professional law enforcement agencies. The author argues that the politics of community policing are found in the construction of competing and deeply contested stories about community and the police in environments characterized by power inbalances. Community policing, according to the author, colonizes community life, increasing the capacity of the police department to shield itself from criticism, while manifesting the potential for more democratic forms of social control as evidenced by police attention to individual rights and to impartial law enforcement. This book will be of interest to sociologists and political scientists interested in the study of community power and local politics as well as criminologists interested in the study of police.William T. Lyons, Jr. is Assistant Professor of Political Science, University of Akron. He previously worked for the Seattle Police Department.

Carol Weisbrod uses a variety of stories to raise important questions about how society, through law, defines relationships in the family. Beginning with a story most familiar from the opera Madame Butterfly, Weisbrod addresses issues such as marriage, divorce, parent-child relations and abuses, and non-marital intimate contact. Each chapter works with fiction or narratives inspired by biography or myth, ranging from the Book of Esther to the stories of Kafka. Weisbrod frames the book with running commentary on variations of the Madame Butterfly story, showing the ways in which fiction better expresses the complexities of intimate lives than does the language of the law.Butterfly, the Bride looks at law from the outside, using narrative to provide a fresh perspective on the issues of law and social structure---and individual responses to law. This book thoroughly explores relationships between inner and public lives by examining what is ordinarily classified as the sphere of private life---the world of family relationships.Carol Weisbrod is Ellen Ash Peters Professor of Law at the University of Connecticut. Her other books include The Boundaries of Utopia and Emblems of Pluralism.

Ever-more-frequent calls for the establishment of a rule of law in the developing world have been oddly paralleled by the increasing use of "exceptional" measures to deal with political crises. To untangle this apparent contradiction, The Jurisprudence of Emergency analyzes the historical uses of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. Nasser Hussain focuses on the relationship between "emergency" and the law to develop a subtle new theory of those moments in which the normative rule of law is suspended.The Jurisprudence of Emergency examines British colonial rule in India from the late eighteenth to the early twentieth century in order to trace tensions between the ideology of liberty and government by law, which was used to justify the British presence, and the colonizing power's concurrent insistence on a regime of conquest. Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality.The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation and delineation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

"The HIV+ men incarcerated in Limestone Prison's Dorm 16 were put there to be forgotten. Not only do Benjamin Fleury-Steiner and Carla Crowder bring these men to life, Fleury-Steiner and Crowder also insist on placing these men in the middle of critical conversations about health policy, mass incarceration, and race. Dense with firsthand accounts, Dying Inside is a nimble, far-ranging and unblinking look at the cruelty inherent in our current penal policies." ---Lisa Kung, Director, Southern Center for Human Rights"The looming prison health crisis, documented here at its extreme, is a shocking stain on American values and a clear opportunity to rethink our carceral approach to security."---Jonathan Simon, University of California, Berkeley"Dying Inside is a riveting account of a health crisis in a hidden prison facility."---Michael Musheno, San Francisco State University, and coauthor of Deployed"This fresh and original study should prick all of our consciences about the horrific consequences of the massive carceral state the United States has built over the last three decades."---Marie Gottschalk, University of Pennsylvania, and author of The Prison and the Gallows"An important, bold, and humanitarian book."---Alison Liebling, University of Cambridge"Fleury-Steiner makes a compelling case that inmate health care in America's prisons and jails has reached the point of catastrophe." ---Sharon Dolovich, University of California, Los Angeles"Fleury-Steiner's persuasive argument not only exposes the sins of commission and omission on prison cellblocks, but also does an excellent job of showing how these problems are the natural result of our nation's shortsighted and punitive criminal justice policy."---Allen Hornblum, Temple University, and author of Sentenced to ScienceDying Inside brings the reader face-to-face with the nightmarish conditions inside Limestone Prison's Dorm 16---the segregated HIV ward. Here, patients chained to beds share their space with insects and vermin in the filthy, drafty rooms, and contagious diseases spread like wildfire through a population with untreated---or poorly managed at best---HIV.While Dorm 16 is a particularly horrific human rights tragedy, it is also a symptom of a disease afflicting the entire U.S. prison system. In recent decades, prison populations have exploded as Americans made mass incarceration the solution to crime, drugs, and other social problems even as privatization of prison services, especially health care, resulted in an overcrowded, underfunded system in which the most marginalized members of our society slowly wither from what the author calls "lethal abandonment."This eye-opening account of one prison's failed health-care standards is a wake-up call, asking us to examine how we treat our forgotten citizens and compelling us to rethink the American prison system in this increasingly punitive age.