Michael R. Marrus; Foreword by William A. Schabas
University of Wisconsin Press, 2009
Mary Astell. Introduction by John A. Dussinger
University of Illinois Press, 2015
Stefan Vogler
University of Chicago Press, 2021
David J. Carlson
University of Illinois Press, 2005
Carlson argues that by drawing on the conventions of early colonial treaty-making, nineteenth- and early twentieth-century Indian autobiographers sought to adapt and redefine the terms of Indian law as a way to assert specific property-based and civil rights. Focusing primarily on the autobiographical careers of two major writers (William Apess and Charles Eastman), Sovereign Selves traces the way that their sustained engagement with colonial legal institutions gradually enabled them to produce a new rhetoric of "Indianness."
John G. Butcher and R. E. Elson
National University of Singapore Press, 2017
George Edmondson and Kalus Mladek, editors
Duke University Press, 2017

Eric Cheyfitz
Duke University Press, 0
This wide-ranging collection addresses the political possibilities of Western law and the international meanings of sovereignty and Indigeneity. One essay analyzes the autonomous government through which local citizens in Indigenous Zapatista communities in Mexico hope to dissolve systems of top-down sovereignty altogether. Another explores narratives of Native American law and the treatment of sovereignty in contemporary Mohawk visual culture. Several essays discuss the legal and political implications of the field’s pivotal public documents, including the 2007 U.N. Declaration on the Rights of Indigenous Peoples.
Eric Cheyfitz is the Ernest I. White Professor of American Studies and Humane Letters in the Department of English at Cornell University. N. Bruce Duthu is the Samson Occom Professor of Native American Studies and Chair of the Native American Studies Program at Dartmouth College. Shari M. Huhndorf is Associate Professor of English at the University of Oregon.
Contributors: Christine Black, Eric Cheyfitz, Gordon Christie, Chris Cunneen, Jonathan Goldberg-Hiller, Lorie M. Graham, Roy M. Huhndorf, Shari M. Huhndorf, Forrest Hylton, Mara Kaufman, Alvaro Reyes, Jolene Rickard, Carlos Salinas, Noenoe K. Silva, Cheryl Suzack, Siegfried Wiessner
Jon B. Gould
University of Chicago Press, 2005
Mignette Y. Patrick Dorsey
University of Alabama Press, 2010
"Patrick did not intend to become a civil rights pioneer, but a minor dispute over a parking spot led to his arrest, beating while in custody, and eventual legal tribulations. His daughter's account of his ordeal is well researched, beautifully narrated, and extremely informative." —Journal of Southern History
On December 11, 1954, Charles Patrick drove to downtown Birmingham to buy a Boy Scout uniform for his son. Christmas traffic around the downtown department stores was heavy, and Patrick circled unsuccessfully until at last a streetside spot opened up and he began to pull in. As he did so, he was cut off by a woman who ordered him out of the way, as she was the wife of a city police officer. Patrick pulled away, remarking, "Ma’am, he doesn’t own the streets of Birmingham."
Normal low-level urban hassle? Not in 1954 Birmingham, when the woman was white and Patrick black. The woman reported to her husband that a black man had sassed her, and Patrick was summarily arrested, charged with disorderly conduct, and placed in a cell where he was beaten by the husband and another police officer.
Usually that would have been the end of it, but Patrick was not the sort of man to meekly endure an injustice. He found an attorney, went to court to fight the charges, and brought his assailants to justice--as whites, blacks, politicians and the press offered public support.
This book tells the story of Patrick’s quest for justice in segregated Alabama on the eve of the civil rights movement and represents a telling instance of the growing determination of African Americans to be treated fairly, part of the broadening and deepening stream of resolve that led to the widespread activism of the civil rights movement.
Susan P. Shapiro
University of Chicago Press, 2019
Lawrence M. Solan and Peter M. Tiersma
University of Chicago Press, 2004
Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales
University of Chicago Press, 2025
An essential introduction to the use and misuse of language within the criminal justice system, updated for a new generation.
Does everyone understand the Miranda warning? Why do people confess to a crime they did not commit? Can linguistic experts identify who wrote an anonymous threatening letter? Since its first publication, Speaking of Crime has been answering these questions. Introducing major topics and controversies at the intersection of language and law, Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales apply multidisciplinary insights to examine the complex role of language within the US justice system.
The second edition features in-depth discussions of recent cases, new legislation, and innovative research advances, and includes a new chapter on who interprets the laws governing linguistic contexts. Thoroughly updated and approachable, Speaking of Crime is a state-of-the-art survey that will be useful to scholars, students, and practitioners throughout the criminal justice system.
Lawrence Baum
University of Chicago Press, 2010
Most Americans think that judges should be, and are, generalists who decide a wide array of cases. Nonetheless, we now have specialized courts in many key policy areas. Specializing the Courts provides the first comprehensive analysis of this growing trend toward specialization in the federal and state court systems.
Lawrence Baum incisively explores the scope, causes, and consequences of judicial specialization in four areas that include most specialized courts: foreign policy and national security, criminal law, economic issues involving the government, and economic issues in the private sector. Baum examines the process by which court systems in the United States have become increasingly specialized and the motives that have led to the growth of specialization. He also considers the effects of judicial specialization on the work of the courts by demonstrating that under certain conditions, specialization can and does have fundamental effects on the policies that courts make. For this reason, the movement toward greater specialization constitutes a major change in the judiciary.
Marieke de Goede
University of Minnesota Press, 2012
Since the terrorist acts of September 11, 2001, finance and security have become joined in new ways to produce particular targets of state surveillance. In Speculative Security, Marieke de Goede describes how previously unscrutinized practices such as donations and remittances, especially across national borders, have been affected by security measures that include datamining, asset freezing, and transnational regulation. These “precrime” measures focus on transactions that are perfectly legal but are thought to hold a specific potential to support terrorism. The pursuit of suspect monies is not simply an issue of financial regulation, she shows, but a broad political, social, and even cultural phenomenon with profound effects on everyday life.
Speculative Security offers a range of examples that illustrate the types of security interventions employed today, including the extralegal targeting and breaking up of the al-Barakaat financial network that was accompanied by raids in the United States, asset freezes in Sweden, and the incarceration of a money remitter at Guantánamo Bay. De Goede develops the paradigm of “speculative security” as a way to understand the new fusing of finance and security, denoting the speculative nature of both the means and the ends of the war on terrorist financing.
Ultimately, de Goede reveals how the idea of creating “security” appeals to multiple imaginable—and unimaginable—futures in order to enable action in the present.
Jean-Jacques Aubert and Boudewijn Sirks, Editors
University of Michigan Press, 2002
Franklyn S. Haiman. Foreword by Abner J. Mikva
Southern Illinois University Press, 1993
What can a democratic society reasonably do about the perplexing problems of racial intolerance, sexual harassment, incitements to violence, and invasions of privacy? Is it possible to preserve the constitutional ideal of free expression while protecting the community from those who would trample on the rights of others?
Franklyn S. Haiman critically examines the reasoning behind recent efforts to prohibit certain forms of speech and explores the possible consequences to democracy of such moves.
Speech act theory, well known to scholars of rhetoric, communication, and language, underlies this emerging trend in judicial and legislative thinking. The idea that "words are deeds," first articulated in language philosophy by Wittgenstein and elaborated by J. L. Austin and John Searle, is being invoked by some members of the legal community to target objectionable speech. For example, speech codes on some college campuses prohibit racist, sexist, and homophobic expression, and attempts have been made through local laws to classify pornography as a form of sex discrimination. By defining certain kinds of arguably immoral symbolic behavior such as hate speech, obscenity, or portrayals of violence as acts rather than as pure speech, speech act advocates make it easier to argue that such conduct should be subject to social control through the law.
Unlike totalitarian or theocratic societies that see no difference between their concept of morality and the law, however, a democracy must make a distinction between what it regards as immoral and what it makes illegal. Haiman maintains that in the realm of symbolic behavior the line between them should be drawn as closely as possible to expression that results in the most serious, direct, immediate, and physical harm to others. Thus, he joins with former Supreme Court Justice Louis Brandeis in concluding that, absent an emergency, more speech, not enforced silence, should be the aim of a free society.
Laura Stein
University of Illinois Press, 2005
The First Amendment is the principle guarantor of speech rights in the United States. But the Supreme Court's interpretations of it often privilege the interests of media owners over those of the broader citizenry.
Laura Stein argues that such rulings alienate citizens from their rights, corrupt the essential workings of democracy, and prevent the First Amendment from performing its critical role as a protector of free speech. Drawing on the best of the liberal democratic tradition, Stein demonstrates that there is a significant gap between First Amendment law and the speech rights necessary to democratic communication, and proposes an alternative set of principles to guide future judicial, legislative, and cultural policy on old and new media.

Hannah Manshel
Duke University Press, 2027
Samuel O. Regalado
University of Arkansas Press, 2014
Lawrence E. Mitchell
Temple University Press, 1998
Robin Bartram
University of Chicago Press, 2022
Ritu Birla
Duke University Press, 2009
Birla reveals how the categories of public and private infiltrated colonial commercial law, establishing distinct worlds for economic and cultural practice. This bifurcation was especially apparent in legal dilemmas concerning indigenous or “vernacular” capitalists, crucial engines of credit and production that operated through networks of extended kinship. Focusing on the story of the Marwaris, a powerful business group renowned as a key sector of India’s capitalist class, Birla demonstrates how colonial law governed vernacular capitalists as rarefied cultural actors, so rendering them illegitimate as economic agents. Birla’s innovative attention to the negotiations between vernacular and colonial systems of valuation illustrates how kinship-based commercial groups asserted their legitimacy by challenging and inhabiting the public/private mapping. Highlighting the cultural politics of market governance, Stages of Capital is an unprecedented history of colonial commercial law, its legal fictions, and the formation of the modern economic subject in India.
Alex Leidholdt
University of Alabama Press, 2007
A southern journalist campaigns for racial understanding during the
struggle over school desegregation in Virginia.
In 1958 the nation's attention was focused on Norfolk,
Virginia, where nearly ten thousand students were locked out of their schools.
Rather than comply with the desegregation mandate of Brown v. Board
of Education, Governor J. Lindsay Almond, supported by the powerful
political machine of Senator Harry F. Byrd, Sr., had closed Norfolk's white
secondary schools.
Massive resistance to integration transformed Norfolk
into a civil rights arena. Although the process by which Norfolk's schools
were integrated was far from orderly, the transition was characterized
by debate, political maneuvering, and judicial action--not violence. Lenoir
Chambers, editor of the Norfolk Virginian-Pilot, conducted a five-year
editorial campaign supporting the peaceful implementation of the Court's
order. The Pilot was Virginia's only white newspaper to take this
position. Chambers was later awarded a Pulitzer Prize for his editorials.
Utilizing a wide range of primary and secondary sources,
Standing before the Shouting Mob examines Chambers's campaign, explores
the influences that shaped his racial views, and places him within the
context of southern journalism. The book also provides a detailed analysis
of Virginia's massive resistance and Norfolk's school closing.
Edited by Natalie Mears and Krista Kesselring
University of London Press, 2021
John Dinan
University of Chicago Press, 2018
Thomas Cottier and Petros C. Mavroidis, Editors
University of Michigan Press, 1998
Mark J. Tenhundfeld
University of Alabama Press, 2026
A revealing legal journey through Alabama’s civil rights battles, exposing systemic discrimination and the enduring fight for justice via landmark Supreme Court cases
State of Segregation: America’s Freedom Rights Struggles, as Told by Alabama by Mark J. Tenhundfeld offers a compelling exploration of Alabama’s civil rights and civil liberties history through the lens of thirty-two pivotal US Supreme Court cases. Each case, rooted in Alabama’s social and legal conflicts, reveals the persistent struggle to fulfill the Constitution’s promises of equal protection and due process. From early twentieth-century challenges to the Alabama Constitution of 1901 to contemporary battles over gerrymandering, Tenhundfeld traces how discrimination was embedded in the state’s institutions—and how it was contested.
State of Segregation uniquely blends legal analysis, historical narrative, and social commentary to expose the deep-rooted systems of racial, gender, and class-based discrimination in Alabama. Tenhundfeld argues that while discrimination is the most defining feature of Alabama’s past, it remains the most difficult to confront. By illuminating the legal strategies used to uphold and dismantle injustice, State of Segregation contributes to the broader understanding of how historical inequities continue to shape modern society.
Accessible to general readers and scholars alike, this work stands apart by combining Alabama history, civil rights struggles, and Supreme Court jurisprudence into a single, powerful narrative. It offers both cautionary tales about the fragility of freedom and enduring lessons for today’s social justice advocates.
Nevzat Soguk
University of Minnesota Press, 1999
Looks at the role of refugees in international relations.
Refugees may flee their country, but can they escape the confining, defining logic of all the voices that speak for them? As refugees multiply in our troubled world, more and more scholars, studies, and pundits focus on their plight. Most of these analyses, says Nevzat Soguk, start from a model that shares the assumptions manifested in traditional definitions of citizen, nation, and state. Within this hierarchy, he argues, a refugee has no place to go. States and Strangers questions this paradigm, particularly its vision of the territoriality of life.
A radical retheorization of the refugee from a Foucauldian perspective, the book views the international refugee regime not as a simple tertiary response, arising from the practice of states regarding refugee problems, but as itself an aspect of the regimentation of statecraft. The attendant discourse negates the multiplicity of refugee events and experience; by assigning the refugee an identity-someone without the citizen’s grounding within a territorial space-the state renders him voiceless and deprives him of representation and protection. States and Strangers asks how this happens and how it can be avoided.Using historical, archival research and interpretive strategies drawn from a genealogical approach, Soguk considers the role of the refugee in the emergence and maintenance of the sovereign territorial state from the late seventeenth century to contemporary times. ISBN 0-8166-3166-2 Cloth/jacket £00.00 $62.95x340 Pages 5 7/8 x 9 MarchBorderlines Series, volume 11Translation inquiries: University of Minnesota PressEdited by Gary Gerstle and Joel Isaac
University of Chicago Press, 2020
William D. Popkin
Duke University Press, 1999
Anthony D. Cooling
University of Michigan Press, 2022
The U.S. Supreme Court increasingly matters in American political life when those across the political spectrum look at the Court for relief from policies they oppose and as another venue for advancing their own policy agendas. However, the evidence is mounting, to include this book in a big way, that courts are more of a sideshow to the culture war. While court decisions, especially Supreme Court decisions, do have importance, the decisions emanating from the Court reflect social, cultural, and political change that occurred long prior to their decision ever being made.
This book tests how much political and social change has been made primarily through Gerald Rosenberg’s framework from his seminal work, The Hollow Hope: Can Courts Bring About Social Change, but it also utilizes Daniel Elazar’s Political Culture Theory to explain state level variations in political and social change. The findings indicate that while courts are not powerless institutions, reformers will not have success unless supported by the public and the elected branches, and most specifically, that preexisting state culture is a determining factor in the amount of change courts make. In short, federalism still matters.
Lisa Keen and Suzanne B. Goldberg
University of Michigan Press, 2000

Lisa Keen and Suzanne B. Goldberg
University of Michigan Press, 1998
Susan M. Reinhart
University of Michigan Press, 2007
Mark Kelman
University of Michigan Press, 1999
Rebecca Kolins Givan and Amy Schrager Lang, Editors
University of Michigan Press, 2020
In February 2018, 35,000 public school educators and staff walked off the job in West Virginia. More than 100,000 teachers in other states—both right-to-work states, like West Virginia, and those with a unionized workforce—followed them over the next year. From Arizona, Kentucky, and Oklahoma to Colorado and California, teachers announced to state legislators that not only their abysmal wages but the deplorable conditions of their work and the increasingly straitened circumstances of public education were unacceptable. These recent teacher walkouts affirm public education as a crucial public benefit and understand the rampant disinvestment in public education not simply as a local issue affecting teacher paychecks but also as a danger to communities and to democracy.
Strike for the Common Good gathers together original essays, written by teachers involved in strikes nationwide, by students and parents who have supported them, by journalists who have covered these strikes in depth, and by outside analysts (academic and otherwise). Together, the essays consider the place of these strikes in the broader landscape of recent labor organizing and battles over public education, and attend to the largely female workforce and, often, largely non-white student population of America’s schools.
William D. Green
University of Minnesota Press, 2022
When viewed from our turbulent times, the Minneapolis of fifty years ago might seem serene, but Minneapolis schoolteachers of the day remember it quite differently. It was, author William D. Green said of their recollections, as if they’d been through war. This book recreates twenty days in April 1970 when a then-illegal strike by Minneapolis’s public school teachers marked a singular moment of cultural upheaval—and forever changed the city’s politics, labor law, educational climate, and the right to collective bargaining.
Since the inception of public education in Minnesota, teachers were expected to pursue their vocation out of civic spirit, with low wages, no benefits, and no job security. Strike! describes the history and circumstances leading to the teachers’ extraordinary action, which pitted the progressive and conservative teachers’ unions against each other—and both against the all-powerful school district, a hostile governor and state legislature, and a draconian Minnesota law. Capturing the intense emotions and heated rivalries of the strike, Green profiles the many actors involved, the personal and professional stakes, and the issues of politics, law, and the business of education.
Informed by interviews, firsthand accounts, news reports, and written records, Strike! brings to life a pivotal moment not just for Minneapolis’s teachers but for the city itself, whose government, school system, and culture would, in a complex but inexorable way, change course for good.
Brian Craig
University of Michigan Press, 2020
Thomas Strong
University of Missouri Press, 2012
In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or the negligence of others.

David Renton
Pluto Press, 2012
Every year, over a hundred thousand workers bring claims to an Employment Tribunal. The settling of disputes between employers and unions has been exchanged by many for individual litigation.
In Struck Out, barrister David Renton gives a practical and critical guide to the system. In doing so he punctures a number of media myths about the Tribunals. Far from bringing flimsy cases, two-thirds of claimants succeed at the hearing. And rather than paying lottery-size jackpots, average awards are just a few thousand pounds – scant consolation for a loss of employment and often serious psychological suffering. The book includes a critique of the present government’s proposals to reform the Tribunal system.
Employment Tribunals are often seen by workers as the last line of defence against unfairness in the workplace. Struck Out shows why we can't rely on the current system to deliver fairness and why big changes are needed.
Edited by Virginia Mantouvalou and Jonathan Wolff
University College London, 2024
Lara Montesinos Coleman
Duke University Press, 2024
Donald S. Moore
Duke University Press, 2005
Moore makes a significant contribution to postcolonial theory with his conceptualization of “entangled landscapes” by articulating racialized rule, situated sovereignties, and environmental resources. Fusing Gramscian cultural politics and Foucault’s analytic of governmentality, he enlists ethnography to foreground the spatiality of power. Suffering for Territory demonstrates how emplaced micro-practices matter, how the outcomes of cultural struggles are contingent on the diverse ways land comes to be inhabited, labored upon, and suffered for.

Frank A. Sloan, Penny B. Githens, Ellen Wright Clayton, Gerald B. Hickson, Dougl
University of Chicago Press, 1993
Timothy D. Lytton
University of Michigan Press, 2005
Donald G. Gifford
University of Michigan Press, 2010
Jillian Berman
University of Chicago Press, 2025
John Gilliom and Torin Monahan
University of Chicago Press, 2012
We live in a surveillance society. Anyone who uses a credit card, cell phone, or even search engines to navigate the Web is being monitored and assessed—and often in ways that are imperceptible to us. The first general introduction to the growing field of surveillance studies, SuperVision uses examples drawn from everyday technologies to show how surveillance is used, who is using it, and how it affects our world.
Norman Vieira and Leonard Gross
Southern Illinois University Press, 1998
Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees.
President Ronald Reagan’s nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. Lasting longer than any other Supreme Court confirmation battle, the Senate hearings dragged on for eighty-seven hours over a twelve-day period. Bork personally testified for more than thirty hours, outlining his legal philosophy in greater detail than had ever before been required of a Supreme Court nominee. Nor had any previous Supreme Court nominee faced the number of witnesses who testified at the Bork hearings.
Deriving their material from hundreds of in-depth interviews with those who participated in the confirmation hearings, Vieira and Gross present a firsthand account of the behind-the-scenes pressure on senators to oppose Bork. Special-interest groups, they note, attempted to control the confirmation process, with both the media and public-opinion polls playing major roles in the defeat of the nomination. Both liberal and conservative groups used the Bork debate to raise money for political war chests.
This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees. They also analyze the Supreme Court nominations made after the Bork hearings, including an extensive examination of the controversial Clarence Thomas nomination.
Edited by Cornell W. Clayton and Howard Gillman
University of Chicago Press, 1998