Paisley Currah
University of Minnesota Press, 2006
Hinton, Alexander Laban
Rutgers University Press, 2011
Austin Sarat
University of Alabama Press, 2012
Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society.
Benjamin Steiner
University of Alabama Press, 2025
A groundbreaking exploration of the Jewish marriage contract and its evolution in English translation
Translating the Ketubah offers a fresh perspective on the ketubah, the Jewish marriage contract. Traditionally composed in Aramaic, ketubot have been examined in other books within the frameworks of Jewish law and Jewish art. Here, however, Benjamin Steiner shows how translations of the ketubah into English helped Jews adapt to changing social and economic circumstances across more than two centuries.
Steiner uses ketubot to trace the intricate relationship between religious law and secular law, the changing status of women within and outside Judaism, and the complex desire of Jews to be both authentically Jewish and fully acculturated. Steiner further shows how ketubah translation aided Jews to achieve different cultural goals. It has been used to uphold rabbinic law in communities where religious affiliation was voluntary to ensure women's economic security. It has also facilitated socialization with non-Jews and addressed perceived crises within the Jewish family.
Through a nuanced analysis of ketubah translations from England and various regions of the United States from the late eighteenth century to the present, Steiner offers a detailed look at how Jews have adapted ancient tradition to meet the challenges and opportunities of different historical contexts. His work sheds new light on the rich history of American and British Jewry.
Cox, Alexandra
Rutgers University Press, 2018
Paul M. Pruitt Jr., David I. Durham, and Sally E. Hadden
University of Alabama Press, 2013
Haidy Geismar
Duke University Press, 2013
Thomas Aquinas
St. Augustine's Press, 2009
John Hanson Mitchell
University Press of New England, 2015
Brian J Ostrom, Charles W Ostrom, Jr., Roger A Hanson and Matthew Kleiman
Temple University Press, 2007
Court administrators and judges have long acknowledged that culture plays an important role in the function of trial courts. Trial Courts as Organizations provides a comprehensive framework for understanding this organizational culture, along with a set of steps and tools to assess and measure the current and preferred culture.
The authors examine how courts operate, what characteristics they may display, and how they function as a unit to preserve judicial independence, strengthen organizational leadership, and influence court performance. They identify four different types of institutional cultures using a systematic analysis of alternative values on how work is done. Each culture is shown to have its own strengths and weaknesses in achieving values, such as timely case resolution, access to court services, and procedural justice. Accordingly, the authors find judges and administrators prefer a definite pattern of different cultures, called a "mosaic," to guide how their courts operate in the future.
Edited by Austin Sarat, Jessica Silbey, and Martha Merrill Umphrey
University of Alabama Press, 2019
Mary Ellen Stitt
University of Chicago Press, 2025
A troubling account of the unexpected impacts of treatment-based alternatives to criminal punishment.
Every year, courts send hundreds of thousands of people to treatment-based programs as alternatives to traditional punishment. These alternatives—known as ‘diversion programs’—are widely celebrated as reforms that reduce the punishment of the mentally ill. But in Trial by Treatment, Mary Ellen Stitt shows that they have, in fact, expanded the reach of the criminal legal system and its power over the lives of the most vulnerable.
The inner workings of diversion programs are obscure, partially by design, and data on outcomes is hard to come by. Stitt draws on two years of fieldwork in criminal courtrooms and court-mandated treatment sessions, as well as an original national dataset, in-depth interviews, and experimental survey data, to document the hidden impacts of diversion. She shows that placing mental healthcare under the control of the courts has helped to legitimize the criminalization of illness, warped treatment environments, and amplified inequalities in punishment. In vivid and humanizing detail, Trial by Treatment shows how reforms that keep power and discretion in the same hands can entrench the very problems they promised to solve.
Mary Ellen Stitt
University of Chicago Press, 2025
This is an auto-narrated audiobook version of this book.
A troubling account of the unexpected impacts of treatment-based alternatives to criminal punishment.
Every year, courts send hundreds of thousands of people to treatment-based programs as alternatives to traditional punishment. These alternatives—known as ‘diversion programs’—are widely celebrated as reforms that reduce the punishment of the mentally ill. But in Trial by Treatment, Mary Ellen Stitt shows that they have, in fact, expanded the reach of the criminal legal system and its power over the lives of the most vulnerable.
The inner workings of diversion programs are obscure, partially by design, and data on outcomes is hard to come by. Stitt draws on two years of fieldwork in criminal courtrooms and court-mandated treatment sessions, as well as an original national dataset, in-depth interviews, and experimental survey data, to document the hidden impacts of diversion. She shows that placing mental healthcare under the control of the courts has helped to legitimize the criminalization of illness, warped treatment environments, and amplified inequalities in punishment. In vivid and humanizing detail, Trial by Treatment shows how reforms that keep power and discretion in the same hands can entrench the very problems they promised to solve.
Peter A. Alces
University of Chicago Press, 2023
A thought-provoking examination of how insights from neuroscience challenge deeply held assumptions about morality and law.
As emerging neuroscientific insights change our understanding of what it means to be human, the law must grapple with monumental questions, both metaphysical and practical. Recent advances pose significant philosophical challenges: how do neuroscientific revelations redefine our conception of morality, and how should the law adjust accordingly?
Trialectic takes account of those advances, arguing that they will challenge normative theory most profoundly. If all sentient beings are the coincidence of mechanical forces, as science suggests, then it follows that the time has come to reevaluate laws grounded in theories dependent on the immaterial that distinguish the mental and emotional from the physical. Legal expert Peter A. Alces contends that such theories are misguided—so misguided that they undermine law and, ultimately, human thriving.
Building on the foundation outlined in his previous work, The Moral Conflict of Law and Neuroscience, Alces further investigates the implications for legal doctrine and practice.
Rebecca M. Webster
Michigan State University Press, 2022
Peter Brooks
University of Chicago Press, 2000
Rob Warden
Northwestern University Press, 2009
Editors Rob Warden and Steven Drizin—leaders in the field of wrongful convictions—have gathered articles about some of the most critical accounts of false confessions in the U.S. justice system from more than forty authors, including Sydney H. Schanberg, Christine Ellen Young, Alex Kotlowitz, and John Grisham. Many of the pieces originally appeared in leading magazines and newspapers, including the New York Times, The Nation, the New Yorker, and the Los Angeles Times.
By grouping the cases into categories—including brainwashing, fabrication, mental fragility, police force, and unrequited innocence—the editors demonstrate similarities between cases, thereby refuting the perception that false confessions represent individual tragedies rather than a systemic flaw in the justice system. These incidents are not isolated; they are, in fact, related, and more shocking for it. But the authors of the articles excerpted, adapted, and reprinted in this collection want more for their subjects than outrage; they want to fuel change in the practices and standards that illicit false confessions in the first place. To this end, Warden and Drizin include an illuminating introduction to each category and recommendations for policy changes that would reduce false confessions. They also include a postscript for each case, providing legal updates and additional information.
Maeva Marcus
Duke University Press, 1994
Steven P. Brown
University of Alabama Press, 2004
The first scholarly treatment of the strategies employed by the New Christian Right in redefining religious freedom in the courtroom.
Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel.
Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.
Tom R. Tyler
Russell Sage Foundation, 2002
Michael Lynch, Simon A. Cole, Ruth McNally, and Kathleen Jordan
University of Chicago Press, 2008
DNA profiling—commonly known as DNA fingerprinting—is often heralded as unassailable criminal evidence, a veritable “truth machine” that can overturn convictions based on eyewitness testimony, confessions, and other forms of forensic evidence. But DNA evidence is far from infallible. Truth Machine traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. Ultimately, Truth Machine presents compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.
Adam R. Shapiro
University of Chicago Press, 2013
Kathryn Hendley
University of Michigan Press, 1996
Douglas Dion
University of Michigan Press, 2001
Judith Armatta
Duke University Press, 2010
Pierre Schlag
University of Michigan Press, 2023
Finalist: 2024 Order of the Coif Book Award | March 3, 2025
The sudden emergence of the Trump nation surprised nearly everyone, including journalists, pundits, political consultants, and academics. When Trump won in 2016, his ascendancy was widely viewed as a fluke. Yet time showed it was instead the rise of a movement—angry, militant, revanchist, and unabashedly authoritarian.
How did this happen? Twilight of the American State offers a sweeping exploration of how law and legal institutions helped prepare the grounds for this rebellious movement. The controversial argument is that, viewed as a legal matter, the American state is not just a liberal democracy, as most Americans believe. Rather, the American state is composed of an uneasy and unstable combination of different versions of the state—liberal democratic, administered, neoliberal, and dissociative. Each of these versions arose through its own law and legal institutions. Each emerged at different times historically. Each was prompted by deficits in the prior versions. Each has survived displacement by succeeding versions. All remain active in the contemporary moment—creating the political-legal dysfunction America confronts today.
Pierre Schlag maps out a big picture view of the tribulations of the American state. The book abjures conventional academic frameworks, sets aside prescriptions for quick fixes, dispenses with lamentations about polarization, and bypasses historical celebrations of the American Spirit.