1917 books match the query 'Law' and 180 start with c

cover of Crime and Justice, Volume 49: Organizing Crime: Mafias, Markets, and Networks

Crime and Justice, Volume 49

Organizing Crime: Mafias, Markets, and Networks

Edited by Michael Tonry and Peter Reuter

University of Chicago Press Journals, 2021

For most Americans, The Godfather, The Sopranos, and the Cosa Nostra exemplify organized crime. In Asia the term conjures up images of Japanese yakuza and Chinese triads, in Italy the Cosa Nostra and ‘Ndrangheta, in Latin America Mexican narco-gangs and Colombian drug cartels, in the Netherlands transnational drug and human trafficking, and in Scandinavia outlaw motorcycle gangs. Some but not all those organizations are “mafias” with centuries-long histories, distinctive cultures, and complicated relationships with local communities and governments. Others are new, large but transitory and with no purpose other than maximizing profits from illegal markets.

Organized crime organizations have existed for centuries. Serious scholarly, as opposed to journalistic or law enforcement, efforts to understand them, however, date back only a few decades. Authoritative overviews were, until very recently, impossible. Rigorous, analytically acute, and methodologically sophisticated literatures did not exist. They have begun to emerge. They have developed in many countries, involve work in different languages and disciplines, and deploy a wide range of methods. 

Organizing Crime: Mafias, Markets, and Networks provides the most exhaustive overview ever published of knowledge about organized crime. It provides intensive accounts of American, Italian, and Dutch developments, covers both national mafias and transnational criminality, and delves in depth into gender, human capital, and money laundering issues. The writers are based in seven countries. To a person they are, or are among, the world’s most distinguished specialists in their subjects. At last, credible explanations and testable hypotheses are available concerning when, why, and under what circumstances mafias and other organized crime organizations come into being, what makes them distinctive, what they do and with what effects, and how to contain them.
 

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cover of Crime and Justice, Volume 50: A Review of Research

Crime and Justice, Volume 50

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2021

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
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cover of Crime and Justice, Volume 51: Prisons and Prisoners

Crime and Justice, Volume 51

Prisons and Prisoners

Edited by Michael Tonry and Sandra Bucerius

University of Chicago Press Journals, 2022

Volume 51 is a thematic volume on Prisons and Prisoners.

Since 1979, the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the occasional thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.

Volume 51 of Crime and Justice is the first to reprise a predecessor, Prisons (Volume 26, 1999), edited by series editor Michael Tonry and the late Joan Petersilia. In Prisons and Prisoners, editors Michael Tonry and Sandra Bucerius revisit the subject for several reasons.
In 1999, most scholarly research concerned developments in Britain and the United States and was published in English. Much of that was sociological, focused on inmate subcultures, or psychological, focused on how prisoners coped with and adapted to prison life. Some, principally by economists and statisticians, sought to measure the crime-preventive effects of imprisonment generally and the deterrent effects of punishments of greater and lesser severity. In 2022, serious scholarly research on prisoners, prisons, and the effects of imprisonment has been published and is underway in many countries. That greater cosmopolitanism is reflected in the pages of this volume. Several essays concern developments in places other than Britain and the United States. Several are primarily comparative and cover developments in many countries. Those primarily concerned with American research draw on work done elsewhere.
The subjects of prison research have also changed. Work on inmate subcultures and coping and adaptation has largely fallen by the wayside. Little is being done on imprisonment’s crime-preventive effects, largely because they are at best modest and often perverse. An essay in Volume 50 of Crime and Justice, examining the 116 studies then published on the effects of imprisonment on subsequent offending, concluded that serving a prison term makes ex-prisoners on average more, not less, likely to reoffend.
In 1999, little research had been done on the effects of imprisonment on prisoners’ families, children, or communities, or even—except for recidivism— on ex-prisoners’ later lives: family life, employment, housing, physical and mental health, or achievement of a conventional, law-abiding life. The first comprehensive survey of what was then known was published in the earlier Crime and Justice: Prisons volume. An enormous literature has since emerged, as essays in this volume demonstrate. Comparatively little work had been done by 1999 on the distinctive prison experiences of women and members of non-White minority groups. That too has changed, as several of the essays make clear.
What is not clear is the future of imprisonment. Through more contemporary and global lenses, the essays featured in this volume not only reframe where we are in 2022 but offer informed insights into where we might be heading.

 
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cover of Crime and Justice, Volume 52: A Review of Research

Crime and Justice, Volume 52

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2024

Volume 52 is an annual survey of cutting-edge issues by preeminent criminology scholars.
 
Since 1979, Crime and Justice has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
 
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cover of Crime and Justice, Volume 53: Crime and Justice in Historical Perspective

Crime and Justice, Volume 53

Crime and Justice in Historical Perspective

Edited by Michael Tonry

University of Chicago Press Journals, 2024

Presents cutting-edge scholarship by preeminent criminology scholars.

Since 1979, Crime and Justice has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cures. In both the review and the thematic volumes, Crime and Justice offers an interdisciplinary approach to address core issues in criminology.
 
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cover of Crime and Justice, Volume 54: A Review of Research

Crime and Justice, Volume 54

A Review of Research

Edited by Michael Tonry

University of Chicago Press Journals, 2025

Critical state-of-the-art reviews exploring a range of subjects concerning crime, its causes, and its cures.

Since 1979, Crime and Justice: A Review of Research has presented reviews of the latest international research in criminology and criminal justice, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, criminologists, and political scientists. Volume 54 publishes first-rate review essays by leading scholars that summarize what is known about both cutting-edge and enduring subjects, what needs to be known, and how that might be accomplished. The wide-ranging, multidisciplinary topics covered include crime trends, immigration and crime, mass incarceration, money laundering, penal policy in Eastern and Central Europe, criminal frauds, the concept of lesser eligibility, and W. E. B. Du Bois’s unheralded contributions to criminology.
 
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cover of Crime and Punishment in the Jim Crow South

Crime and Punishment in the Jim Crow South

Edited by Amy Louise Wood and Natalie J. Ring

University of Illinois Press, 2019

Policing, incarceration, capital punishment: these forms of crime control were crucial elements of Jim Crow regimes. White southerners relied on them to assert and maintain racial power, which led to the growth of modern state bureaucracies that eclipsed traditions of local sovereignty. Friction between the demands of white supremacy and white southern suspicions of state power created a distinctive criminal justice system in the South, elements of which are still apparent today across the United States.

In this collection, Amy Louise Wood and Natalie J. Ring present nine groundbreaking essays about the carceral system and its development over time. Topics range from activism against police brutality to the peculiar path of southern prison reform to the fraught introduction of the electric chair. The essays tell nuanced stories of rapidly changing state institutions, political leaders who sought to manage them, and African Americans who appealed to the regulatory state to protect their rights.

Contributors: Pippa Holloway, Tammy Ingram, Brandon T. Jett, Seth Kotch, Talitha L. LeFlouria, Vivien Miller, Silvan Niedermeier, K. Stephen Prince, and Amy Louise Wood

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cover of Crime in the Public Mind

Crime in the Public Mind

Kathlyn Taylor Gaubatz

University of Michigan Press, 1995

Crime in the Public Mind explores the politics of crime and criminal justice, examining in depth what Americans think about penalties for criminal offenders. While some are resigned, others are desperate; a few are hopeful and forgiving, but most are frustrated and angry. In fact, fully eighty percent of the population believes that the court system should deal more harshly with criminal offenders. In this readable account, Kathlyn Taylor Gaubatz makes use of intensive interviews with Americans from varied walks of life in order to reveal the fascinating nuances in the public's views on criminal justice, and in their motivations for holding these views. She questions our easy acceptance of the very existence of a public consensus around such a complex, intractable issue as crime. Why do Americans support harsh penal policies when crime rates are actually falling? How does this attitude square with our increasingly liberal social ideas? What logic is there to support stiff sentencing when the vast majority of the public acknowledges that prisons have been powerless to reduce crime in our nation to an acceptable level? The author powerfully weaves narratives from those she interviewed to construct an in-depth theory about who joins and who spurns the consensus on criminal justice. She explores the complex relationship between our political beliefs and our attitudes toward crime, revealing in some cases a telling dissonance. Through careful argumentation and demonstration, Crime in the Public Mind concludes that Americans have become harsher on crime not in spite of becoming more liberal on a variety of other social issues, but at least in part because we have done so. At a time when crime has been called the political issue of the decade, Crime in the Public Mind forces us to confront our assumptions, to sort through our fear. It gives us an opportunity to balance our desire for safety and our desire to see justice done with our innate compassion and understanding. By exposing the paradoxes of our beliefs, the author pushes us to reconsider whether incarceration really is the answer to every criminal offense and invites us to contemplate saner and perhaps more effective approaches to criminal justice. "In the great tradition of Robert Lane's Political Ideology, Gaubatz has discovered that what the 'common man' (and woman) believes about crime and punishment is more complicated than the polling numbers would allow. While clearly in sympathy with those who dissent from get-tough approaches, she offers a balanced, insightful, and timely understanding of public attitudes about criminal justice. Experts, policymakers, students, and concerned citizens should read this fine book."- John J. DiIulio, Jr., Princeton University and Director, Brookings Institution Center for Public Management Kathlyn Taylor Gaubatz holds a Ph.D. in politics from Princeton University and is Executive Director of a non profit agency that provides housing, counseling, child-care, and other services to homeless families and individuals in San Franciso.
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cover of Crime, Punishment, and Mental Illness: Law and the Behavioral Sciences in Conflict

Crime, Punishment, and Mental Illness

Law and the Behavioral Sciences in Conflict

Erickson, Patricia

Rutgers University Press, 2008

Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures.

In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.
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cover of Crimes Against Feeling: Piracy, Sympathy, and Ocean Politics in Antebellum American Legal Culture

Crimes Against Feeling

Piracy, Sympathy, and Ocean Politics in Antebellum American Legal Culture

Mark B. Kelley

University of Massachusetts Press, 2026

Demonstrating how emotion became central to the legal and literary meanings of piracy in nineteenth-century America

Pirates have long occupied a central yet unstable place in American law and national identity. In the decades leading up to and including the U.S. Civil War, the charge of piracy was leveled against an unusually wide range of figures: foreign heads of state, imperial filibusters, transoceanic enslavers, enslaved mutineers, radical abolitionists, and others who challenged established forms of authority. Early American literature reflects this instability, portraying pirates who vary dramatically in politics, race, gender, and allegiance. As Mark B. Kelley shows, these characters are united less by ideology than by their challenge to landed social norms and fixed national belonging. The pirate, in both law and literature, emerges as an individual defined by multiplicity rather than political coherence. 

Crimes Against Feeling examines how Americans made sense of this ambiguous figure by turning to emotion. Drawing on legal materials including treaties, trial transcripts, congressional debates, and U.S. Supreme Court decisions, as well as popular sentimental fiction (often written by women), Kelley argues that piracy was codified as an offense against moral feeling rather than being a singular political position. Legal thinkers and writers such as John Quincy Adams, Abraham Lincoln, Jefferson Davis, Catharine Maria Sedgwick, Harriet Beecher Stowe, and Maria S. Cummins relied on shared affective frameworks—sympathy, sentiment, and domestic vulnerability—to render piracy legible and punishable. American pirate law, Kelley demonstrates, was shaped by the same emotional logics that structured the era’s popular fiction. 

By tracing piracy across debates over domestic sovereignty, global enslavement and abolition, imperial expansion, postbellum reparations, and international copyright, Crimes Against Feeling reveals the pirate as a key figure for understanding gender, home, family, and nation in early America. Reading law and literature together, the book shows how emotional judgment—not political consensus—became a foundational tool for managing oceanic violence and transnational disorder in the nineteenth-century United States. 

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cover of Crimes of Writing: Problems in the Containment of Representation

Crimes of Writing

Problems in the Containment of Representation

Susan Stewart

Duke University Press, 1994

From the origins of modern copyright in early eighteenth-century culture to the efforts to represent nature and death in postmodern fiction, this book explores a series of problems regarding the containment of representation. Stewart focuses on specific cases of "crimes of writing"—the forgeries of George Psalmanazar; the production of "fakelore"; the "ballad scandals" of the eighteenth and nineteenth centuries; the imposture of Thomas Chatterton; and contemporary legislation regarding graffiti and pornography. She emphasizes the issues that arise once language is seen as a matter of property, and authorship is viewed as a matter of originality. Finally, Stewart demonstrates that crimes of writing are delineated by the law because they specifically undermine the status of the law itself: the crimes illuminate the irreducible fact that law is written and therefore subject to temporality and interpretation. This valuable and pioneering work, originally published in 1991 (Oxford University Press), will be of interest to literary and legal theorists, folklorists, anthropologists, and scholars of eighteenth-century and postmodern culture.
[more]
cover of Criminalized Lives: HIV and Legal Violence

Criminalized Lives

HIV and Legal Violence

Alexander McClelland

Rutgers University Press, 2024

POZ Best in Literature Award 

Canada has been known as a hot spot for HIV criminalization where the act of not disclosing one’s HIV-positive status to sex partners has historically been regarded as a serious criminal offence. Criminalized Lives describes how this approach has disproportionately harmed the poor, Black and Indigenous people, gay men, and women in Canada. In this book, people who have been criminally accused of not disclosing their HIV-positive status, detail the many complexities of disclosure, and the violence that results from being criminalized. 
 
Accompanied by portraits from artist Eric Kostiuk Williams, the profiles examine whether the criminal legal system is really prepared to handle the nuances and ethical dilemmas faced everyday by people living with HIV. By offering personal stories of people who have faced criminalization first-hand, Alexander McClelland questions common assumptions about HIV, the role of punishment, and the violence that results from the criminal legal system’s legacy of categorizing people as either victims or perpetrators. 

Note: A regrettable error appears on page 22. The number 240 should be 206 when referring to the number of people prosecuted in relation to allegations of HIV nondisclosure. This will be fixed in future reprints.
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cover of Criminals and Enemies

Criminals and Enemies

Austin Sarat

University of Massachusetts Press, 2019

Key binaries like public/private and speech/conduct are mainstays of the liberal legal system. However, the pairing of criminal/enemy has received little scholarly attention by comparison. Bringing together a group of distinguished and disciplinarily diverse scholars, Criminals and Enemies, the most recent volume in the Amherst Series in Law, Jurisprudence, and Social Thought, addresses this gap in the literature. Drawing on political philosophy, legal analysis, and historical research, this essential volume reveals just how central the criminal/enemy distinction is to the structure and practice of contemporary law.

The editors' introduction situates criminals and enemies in a theoretical context, focusing on the work of Thomas Hobbes and Carl Schmitt, while other essays consider topics ranging from Germany's denazification project to South Africa's pre- and post-apartheid legal regime to the complicating factors introduced by the war on terror. In addition to the editors, the contributors include Stephen Clingman, Jennifer Daskal, Sara Kendall, Devin Pendas, and Annette Weinke.
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cover of Crippled Justice: The History of Modern Disability Policy in the Workplace

Crippled Justice

The History of Modern Disability Policy in the Workplace

Ruth O'Brien

University of Chicago Press, 2001

Crippled Justice, the first comprehensive intellectual history of disability policy in the workplace from World War II to the present, explains why American employers and judges, despite the Americans with Disabilities Act, have been so resistant to accommodating the disabled in the workplace. Ruth O'Brien traces the origins of this resistance to the postwar disability policies inspired by physicians and psychoanalysts that were based on the notion that disabled people should accommodate society rather than having society accommodate them.

O'Brien shows how the remnants of postwar cultural values bogged down the rights-oriented policy in the 1970s and how they continue to permeate judicial interpretations of provisions under the Americans with Disabilities Act. In effect, O'Brien argues, these decisions have created a lose/lose situation for the very people the act was meant to protect. Covering developments up to the present, Crippled Justice is an eye-opening story of government officials and influential experts, and how our legislative and judicial institutions have responded to them.
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cover of Critical Geographies of Youth: Law, Policy, and Power

Critical Geographies of Youth

Law, Policy, and Power

Gloria Howerton

West Virginia University Press, 2023

Young people will bear the brunt of the impacts of present and emerging crises occurring at all scales, from the national to the global. This volume brings together scholars and activists from various backgrounds to analyze youth interactions with law and politics, focusing specifically on the US legal landscape. It uses the lens of youth geographies to consider how legal and political systems shape our spaces, and provides leading-edge perspectives through case studies of child labor, compulsory education, asylum claims, criminalization of youth, youth activism, and more.

Of special interest in this volume is the tension between young people as both objects of law and policy and creative agents of change. Despite being directly affected by law and policy, young people are denied access to many legally sanctioned paths to shape them. Yet youth find ways to work within and mold the social, political, and legal spheres and set the stage for alternative futures.

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cover of Critical Race Theory: The Cutting Edge

Critical Race Theory

The Cutting Edge

Richard Delgado

Temple University Press, 2013

Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century-one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem-race.

The contributions, from a stellar roster of established and emerging scholars, address new topics, such as intersectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education.

Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.

[more]
cover of Cross Purposes: Pierce v. Society of Sisters and the Struggle over Compulsory Public Education

Cross Purposes

Pierce v. Society of Sisters and the Struggle over Compulsory Public Education

Paula Abrams

University of Michigan Press, 2009

"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."
---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law

"A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens."
---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School

"A well-written, well-researched blend of law, politics, and history."
---Joan DelFattore, Professor of English and Legal Studies, University of Delaware

In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.

In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.

Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.

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cover of Crossing Boundaries: Traditions and Transformations in Law and Society Research

Crossing Boundaries

Traditions and Transformations in Law and Society Research

Austin Sarat

Northwestern University Press, 1998

Perhaps no idea is more emblematic of the field of law and society than crossing boundaries. From the founding of the Law and Society Association in the early 1960s, participating scholars aspired to create a field that crossed boundaries in at least two senses: by undertaking research that questioned and often bridged traditional methodological and disciplinary divisions, and by using nontraditional approaches to explore the interconnections between law and its social context. These essays reflect both aspirations.
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cover of Crossing over the Line: Legislating Morality and the Mann Act

Crossing over the Line

Legislating Morality and the Mann Act

David J. Langum

University of Chicago Press, 1994

Crossing over the Line describes the folly of the Mann Act of 1910—a United States law which made travel from one state to another by a man and a woman with the intent of committing an immoral act a major crime. Spawned by a national wave of "white slave trade" hysteria, the Act was created by the Congress of the United States as a weapon against forced prostitution.

This book is the first history of the Mann Act's often bizarre career, from its passage to the amendment that finally laid it low. In David J. Langum's hands, the story of the Act becomes an entertaining cautionary tale about the folly of legislating private morality.

Langum recounts the colorful details of numerous court cases to show how enforcement of the Act mirrored changes in America's social attitudes. Federal prosecutors became masters in the selective use of the Act: against political opponents of the government, like Charlie Chaplin; against individuals who eluded other criminal charges, like the Capone mobster "Machine Gun" Jack McGurn; and against black men, like singer Chuck Berry and boxer Jack Johnson, who dared to consort with white women. The Act engendered a thriving blackmail industry and was used by women like Frank Lloyd Wright's wife to extort favorable divorce settlements.

"Crossing over the Line is a work of scholarship as wrought by a civil libertarian, and the text . . . sizzles with the passion of an ardent believer in real liberty under reasonable laws."—Jonathan Kirsch, Los Angeles Times

[more]
cover of Crossroads, Directions and A New Critical Race Theory

Crossroads, Directions and A New Critical Race Theory

edited by Francisco Valdes, Jerome McCristal Culp and Angela P. Harris

Temple University Press, 2002

Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory.

But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future.

Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad.

The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.
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cover of Cry Rape: The True Story of One Woman's Harrowing Quest for Justice

Cry Rape

The True Story of One Woman's Harrowing Quest for Justice

Bill Lueders

University of Wisconsin Press, 2007

Cry Rape dramatically exposes the criminal justice system’s capacity for error as it recounts one woman’s courageous battle in the face of adversity. In September 1997, a visually impaired woman named Patty was raped by an intruder in her home in Madison, Wisconsin. The rookie detective assigned to her case came to doubt Patty’s account and focused the investigation on her. Under pressure, he got her to recant, then had her charged with falsely reporting a crime. The charges were eventually dropped, but Patty continued to demand justice, filing complaints and a federal lawsuit against the police. All were rebuffed. But later, as the result of her perseverance, a startling discovery was made. Even then, Patty’s ordeal was far from over.
     Other books have dealt with how police and prosecutors bend and break the law in their zeal to prevail. This one focuses instead on how the gravest injustice can be committed with the best of intentions, and how one woman’s bravery and persistence finally triumphed.
 
Courage Award Winner, Wisconsin Coalition against Sexual Assault
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cover of Cultural Analysis, Cultural Studies, and the Law: Moving Beyond Legal Realism

Cultural Analysis, Cultural Studies, and the Law

Moving Beyond Legal Realism

Austin Sarat and Jonathan Simon, eds.

Duke University Press, 2003

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power.

Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts.

Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

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cover of Cultural Pluralism, Identity Politics, and the Law

Cultural Pluralism, Identity Politics, and the Law

Austin Sarat and Thomas R. Kearns, Editors

University of Michigan Press, 2001

We are witnessing in the last decade of the twentieth century more frequent demands by racial and ethnic groups for recognition of their distinctive histories and traditions as well as opportunities to develop and maintain the institutional infrastructure necessary to preserve them. Where it once seemed that the ideal of American citizenship was found in the promise of integration and in the hope that none of us would be singled out for, let alone judged by, our race or ethnicity, today integration, often taken to mean a denial of identity and history for subordinated racial, gender, sexual or ethnic groups, is often rejected, and new terms of inclusion are sought. The essays in Cultural Pluralism, Identity Politics, and the Law ask us to examine carefully the relation of cultural struggle and material transformation and law's role in both. Written by scholars from a variety of disciplines and theoretical inclinations, the essays challenge orthodox understandings of the nature of identity politics and contemporary debates about separatism and assimilation. They ask us to think seriously about the ways law has been, and is, implicated in these debates. The essays address questions such as the challenges posed for notions of legal justice and procedural fairness by cultural pluralism and identity politics, the role played by law in structuring the terms on which recognition, accommodation, and inclusion are accorded to groups in the United States, and how much of accepted notions of law are defined by an ideal of integration and assimilation.
The contributors are Elizabeth Clark, Lauren Berlant, Dorothy Roberts, Georg Lipsitz, and Kenneth Karst.
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cover of Culture and the Law, Volume 100

Culture and the Law, Volume 100

Gaurav Desai

Duke University Press, 0

[more]
cover of Culture as Judicial Evidence: Expert Testimony in Latin America

Culture as Judicial Evidence

Expert Testimony in Latin America

Edited by Leila Rodriguez

University of Minnesota Press, 2020

In Latin America, as early as 1975 testimony given under oath by anthropologists has been applied in the civil law systems in a number of Latin American countries.  Called peritajes antropológicos culturales, this testimony can come in the form of written affidavits and/or oral testimony. These experts build bridges of intercultural dialogue, which overcome language and cultural barriers that have historically limited equal access to justice for indigenous and ethnic people all over the word. 

Culture as Judicial Evidence in Latin America summarizes the current state of this work in six countries: Mexico, Costa Rica, Peru, Chile, Colombia, and Uruguay, and lays out the challenges and dilemmas involved in the creation and use of cultural expert testimony. Organized into three sections, the book advances a framework for the use of cultural evidence, and presents readers with nine case studies based on trials in six individual countries.  These countries have implemented legal reform, constitutional amendments and the adoption of international legislation to create the legal frameworks that enable this new form of legal evidence to be admissible in Latin American courts.  The contributing authors are cultural anthropologists with vast experience researching the impact of cultural expert witness testimony. A forward-looking final section examines the dilemmas and challenges of this work that remain to be solved.
[more]
cover of Curating Community: Museums, Constitutionalism, and the Taming of the Political

Curating Community

Museums, Constitutionalism, and the Taming of the Political

Stacy Douglas

University of Michigan Press, 2017

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.

 
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cover of Cutting Across Media: Appropriation Art, Interventionist Collage, and Copyright Law

Cutting Across Media

Appropriation Art, Interventionist Collage, and Copyright Law

Kembrew McLeod and Rudolf Kuenzli, eds.

Duke University Press, 2011

In this collection of essays, leading academics, critics, and artists historicize collage and appropriation tactics that cut across diverse media and genres. They take up issues of appropriation in the popular and the avant-garde, in altered billboards and the work of the renowned painter Chris Ofili, in hip-hop and the compositions of Béla Bartók and Zoltán Kodály, and in audio mash-ups, remixed news broadcasts, pranks, culture jamming, and numerous other cultural forms. The borrowing practices that they consider often run afoul of intellectual property regimes, and many of the contributors address the effects of copyright and trademark law on creativity. Among the contributors are the novelist and essayist Jonathan Lethem, the poet and cultural critic Joshua Clover, the filmmaker Craig Baldwin, the hip-hop historian Jeff Chang, the ’zine-maker and sound collage artist Lloyd Dunn, and Negativland, the infamous collective that was sued in 1991 for sampling U2 in a satirical sound collage. Cutting Across Media is both a serious examination of collage and appropriation practices and a celebration of their transformative political and cultural possibilities.

Contributors. Craig Baldwin, David Banash, Marcus Boon, Jeff Chang, Joshua Clover, Lorraine Morales Cox, Lloyd Dunn, Philo T. Farnsworth, Pierre Joris, Douglas Kahn, Rudolf Kuenzli, Rob Latham, Jonathan Lethem, Carrie McLaren, Kembrew McLeod, Negativland, Davis Schneiderman, David Tetzlaff, Gábor Vályi, Warner Special Products, Eva Hemmungs Wirtén

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cover of Cutting Life Short: A Second Look at Life Sentences

Cutting Life Short

A Second Look at Life Sentences

Dan Fetsco

University of Wyoming Press, 2026

Cutting Life Short challenges the idea that people who commit murder or other serious crimes are incapable of rehabilitation. The book tracks the growing population of people serving life in Wyoming and the US and explores research that indicates that much of the public, including victims of violent crime, support second chances for people who are serving excessive sentences.

Just over 200,000 Americans are now serving life sentences—more than the entire US prison population in 1970—in a cruel and fiscally irresponsible system, even though many inmates have demonstrated sustained rehabilitation over decades. Through individual case studies of Wyoming inmates, ranging from those who deserve release to rare cases like Matthew Shepard’s killer, who should remain imprisoned, the book explores themes of punishment, redemption, and justice reform while examining issues like prosecutorial misconduct, three-strike penalties, and restorative justice programs. Cases include the stories of Darla Rouse (one of Wyoming’s few commutation recipients), Russell Harrison (who claims he had an early release deal), and James Koester (whose investigating detective became his advocate). Drawing from a decade of experience on the Wyoming parole board, where he witnessed hundreds of rehabilitated inmates denied release despite widespread support from corrections officials and sometimes even victims, author Daniel Fetsco advocates creating systematic review processes for lengthy sentences that remove elected officials from clemency decisions, alongside broader reforms like restoring voting rights for former felons and promoting responsible crime reporting over fear-mongering sensationalism.

This forward-looking book argues that most of the people sentenced to life in prison can be, and should have been, safely released into the community and offers recommendations to help alleviate the problems associated with life sentences in Wyoming and across the US criminal justice system. It is of significance to students, scholars, professionals, and the general public invested in law, criminal justice and social justice.

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cover of Cybering Democracy: Public Space And The Internet

Cybering Democracy

Public Space And The Internet

Diana Saco

University of Minnesota Press, 2002

Reconceptualizes the relationship between participatory democracy, technology, and space

The Internet has been billed by some proponents as an "electronic agora" ushering in a "new Athenian age of democracy." That assertion assumes that cyberspace’s virtual environment is compatible with democratic practice. But the anonymous sociality that is intrinsic to the Internet seems at odds with theories of democracy that presuppose the possibility, at least, of face-to-face meetings among citizens. The Internet, then, raises provocative questions about democratic participation: Must the public sphere exist as a physical space? Does citizenship require a bodily presence?

In Cybering Democracy, Diana Saco boldly reconceptualizes the relationship between democratic participation and spatial realities both actual and virtual. She argues that cyberspace must be viewed as a produced social space, one that fruitfully confounds the ordering conventions of our physical spaces. Within this innovative framework, Saco investigates recent and ongoing debates over cryptography, hacking, privacy, national security, information control, and Internet culture, focusing on how different online practices have shaped this particular social space. In the process, she highlights fundamental issues about the significance of corporeality in the development of civic-mindedness, the exercise of citizenship, and the politics of collective action.
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cover of Czech Law in Historical Contexts

Czech Law in Historical Contexts

Jan Kuklík

Karolinum Press, 2015

The legal system of the present-day Czech Republic cannot be understood without sufficient knowledge of its historical roots and evolution. Kuklík traces the development of Czech law from its origins as a form of Slavic law to its current position, reflecting the influence of both Roman law and the legal systems of neighboring countries. The twentieth century is of particular importance due to the establishment of an independent Czechoslovakia in 1918 and its split in 1993 into the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes, and major political, ideological, economic, and social changes, making Czech Law in Historical Context an ideal case study for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.
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