STANFORD
UNIVERSITY PRESS
  

Law and Society Association: A Virtual Exhibit


Please enjoy our Virtual Book Exhibit and receive a 30% discount on the books listed below using the discount code S24XLSA at checkout, good 6/6/24 through 7/9/24.


cover for American Apocalypse: The Six Far-Right Groups Waging War on Democracy | Rena Steinzor
American Apocalypse
The Six Far-Right Groups Waging War on Democracy
Rena Steinzor
2024

A thorough analysis of the right-wing interests contributing to the downfall of American democracy The war on American democracy is at a fever pitch. Such a corrosive state of affairs did not arise spontaneously up from the people but instead was pushed, top-down, by six private sector special interest groups—big business, the House Freedom Caucus, the Federalist Society, Fox News, white evangelicals, and armed militias. In American Apocalypse Rena Steinzor argues that these groups are nothing more than well-financed armies fighting a battle of attrition against the national government, with power, money, and fame as their central motivations. The book begins at the end of Lyndon Johnson's presidency, when the modern regulatory state was born. Agencies like the Environmental Protection Agency and the Food and Drug Administration ensured that everything from our air to our medicine was safe. But efforts to thwart this "big government" agenda began swiftly, albeit in the shadows. Business leaders built a multi-billion dollar presence in the Capitol, and the rest of the six interest groups soon followed. While the groups do not coordinate their attacks, and sometimes their short-term goals even conflict, their priorities fall within a surprisingly tight bullseye: the size and power of the administrative state. In the near-term, their campaigns will bring the crucial functions of government to a halt, which will lead to immediate suffering by the working classes, and a rapid deterioration of race relations. Over the long-term, as the prevalence of global pandemics and climate crises increase, an incapacitated national government will usher in unimaginable harm. This book is the first to conceptualize these groups together, as one deconstructive and awe-inspiring force. Steinzor delves into each of their histories, mapping the strategies, tactics, and characteristics that make them so powerful. She offers the most comprehensive story available about the downfall of American democracy, reminding us that only by recognizing what we are up against can we hope to bring about change.

cover for Liberating the United Nations: Realism with Hope | Richard Falk and Hans von Sponeck
Liberating the United Nations
Realism with Hope
Richard Falk and Hans von Sponeck
2024

The United Nations (UN) has always loomed large in international conflicts, but today accepted wisdom declares that the organization has lost its way. Liberating The United Nations is a thorough review of its founding and history that tracks critical junctures that obscured or diverted the path to a powerful and just UN that abides by international law. Based on the extensive expertise of two former UN-insiders, Richard Falk and Hans von Sponeck, the book goes beyond critique and diagnosis, proposing ways to achieve a more effective and legitimate UN. The historical sweep of the book offers a uniquely broad perspective on how the UN has evolved from the time of its establishment, and how that evolution reflects, and was defined by, world politics. The book explores these themes through the specific cases of intervention in Palestine, Iraq, and Syria. Liberating The United Nations hopes to reinvigorate the original vision of the UN by asserting its place in a world of amplifying chauvinistic nationalism. Falk and von Sponeck argue for how important the UN has become, and could be, in aiding with the transnational and global challenges of the present and future, including pandemics, environmental crises, and mass migration.

cover for Pot for Profit: Cannabis Legalization, Racial Capitalism, and the Expansion of the Carceral State | Joseph Mello
Pot for Profit
Cannabis Legalization, Racial Capitalism, and the Expansion of the Carceral State
Joseph Mello
2024

The United States has experienced a dramatic shift in attitudes towards cannabis use from the 1970s, when only 12% of Americans said that they thought that cannabis should be legal, to today. What once had been a counterculture drug supplied for the black market by socially marginal figures like drug smugglers and hippies has become a big business, dominated by a few large corporations. Pot for Profit, traces the cultural, historical, political, and legal roots of these changing attitudes towards cannabis. The book also showcases interviews with dispensary owners, bud tenders, and other industry employees about their experience working in the legal cannabis industry, and cannabis reform activists working towards legalization. Mello argues that embracing the profit potential of this drug has been key to the success of cannabis reform, and that this approach has problematic economic and racial implications. The story of cannabis reform shows that neoliberalism may not be an absolute barrier to social change, but it does determine the terrain on which these debates must occur. When activists capitulate to these pressures, they may make some gains, but those gains come with strings attached. This only serves to reinforce the totalizing power of the neoliberal ethos on American life. The book concludes by meditating on what, if anything, can be done to move the cannabis legalization movement back onto a more progressive track.

cover for Dictatorship on Trial: Coups and the Future of Justice in Thailand | Tyrell Haberkorn
Dictatorship on Trial
Coups and the Future of Justice in Thailand
Tyrell Haberkorn
2024

In 2014, after a decade of political turmoil, the National Council for Peace and Order (NCPO) carried out Thailand's 13th coup since the country's transformation from absolute to constitutional monarchy in 1932. Though the NCPO promised to restore the rule of law, justice—long tenuous in Thailand—disappeared entirely. The legal system was used to criminalize the thoughts and actions of democratic dissidents, facilitate extrajudicial violence, and guarantee impunity for the coup and crimes by state officials. Combining legal and historical scholarship and long-term courtroom observation, Dictatorship on Trial traces the legal, social, and political impacts of authoritarianism, and foregrounds court decisions as both a history of repression and a site in which to imagine future justice. Organized chronologically across the five years of the NCPO regime, each chapter takes up a different political case and enumerates the ways in which political activists were made vulnerable rather than protected by the state's interpretations of the law, and the mechanisms through which perpetrators evaded accountability. Inspired by feminist legal scholars, the substantive analysis in each chapter is followed by new, rewritten judgments created in collaboration with Thai human rights activists. In plotting these alternative logics, interpretations of evidence, and conclusions, Tyrell Haberkorn outlines what true justice might look like, and assesses the legal and political transformations necessary to realize it.

cover for The Structure of Ideas: Mapping a New Theory of Free Expression in the AI Era | Jared Schroeder
The Structure of Ideas
Mapping a New Theory of Free Expression in the AI Era
Jared Schroeder
2024

In his historic 1919 dissent, Justice Oliver Wendell Holmes named, and thus catalyzed the creation of, the marketplace of ideas. This conceptual space has, ever since, been used to give shape to American constitutional notions of the freedom of expression. It has also eluded clear definition, as jurists and scholars have contested its meaning for more than a century. In The Structure of Ideas, Jared Schroeder takes on the task of mapping the various iterations of the marketplace, from its early foundations in Enlightenment beliefs in universal truths and rational actors, to its increasingly expansive parameters for protecting expression in the arenas of commercial, corporate, and online speech. Schroeder contends that in today's information landscape, marked by the rapid emergence of artificial intelligence, the marketplace is failing to provide a space where truths succeed and falsity fails. AI and networked technologies have thoroughly overpowered all traditional pictures of the marketplace up to now. Schroeder proposes various theoretical interventions that would revise the marketplace for the current moment, and concludes by describing a new space built around algorithms, AI, and virtual communication.

cover for Fragile Hope: Seeking Justice for Hate Crimes in India | Sandhya Fuchs
Fragile Hope
Seeking Justice for Hate Crimes in India
Sandhya Fuchs
2024

Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA). Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes.

cover for Cyber Sovereignty: The Future of Governance in Cyberspace | Lucie Kadlecová
Cyber Sovereignty
The Future of Governance in Cyberspace
Lucie Kadlecová
2024

Governments across the globe find themselves in an exploratory phase as they probe the limits of their sovereignty in the cyber domain. Cyberspace is a singular environment that is forcing states to adjust their behavior to fit a new arena beyond the four traditional domains (air, sea, space, and land) to which the classic understanding of state sovereignty applies. According to Lucie Kadlecová, governments must implement a more adaptive approach to keep up with rapid developments and innovations in cyberspace in order to truly retain their sovereignty. This requires understanding the concept of sovereignty in a more creative and flexible manner. Kadlecová argues that the existence of sovereignty in cyberspace is the latest remarkable stage in the evolution of this concept. Through a close study of the most advanced transatlantic cases of state sovereignty in cyberspace—the Netherlands, the US, Estonia, and Turkey—Cyber Sovereignty reveals how states have pursued new methods and tactics to fuel the distribution of authority and control in the cyber field, imaginatively combining modern technologies with legal frameworks. In times of booming competition over cyber governance between democracies and authoritarian regimes worldwide, cyber sovereignty is a major topic of interest, and concern, for the international community.

cover for Legal Education in the Western World: A Cultural and Comparative History | Rogelio Pérez-Perdomo
Legal Education in the Western World
A Cultural and Comparative History
Rogelio Pérez-Perdomo
2024

Legal Education in the Western World provides an encompassing history of legal education from Ancient Rome to present day Europe and the Americas. Legal education is considered the locus of the formation of professional culture, and in this book Rogelio Pérez-Perdomo contributes to our understanding of its formation by paying attention to how legal knowledge is conceived, the way it is created and transmitted, and the social status of masters, professors, teachers, apprentices and students. He focuses on historical periods and societies that have influenced the current state of legal education. While these are established touchpoints used by historians and supported by a vast bibliographies in English, Spanish, French, Italian and Portuguese, this book also includes material often overlooked by historians. Ultimately, this concise and accessible history presents a panoramic view that highlights the strengths and weaknesses of approaches to legal education in different societies, and an examination of the shared idea of law manifested in them. This historical and comparative perspective will be useful to comparative legal scholars and legal historians interested in a more informed general approach to improving legal education.

Paper $24.00 9781503639041
Cloth $95.00 9781503637207
cover for Belonging without Othering: How We Save Ourselves and the World | john a. powell and Stephen Menendian
Belonging without Othering
How We Save Ourselves and the World
john a. powell and Stephen Menendian
2024

The root of all inequality is the process of othering – and its solution is the practice of belonging We all yearn for connection and community, but we live in a time when calls for further division along the well-wrought lines of religion, race, ethnicity, caste, and sexuality are pervasive. This ubiquitous yet elusive problem feeds on fears – created, inherited – of the "other." While the much-touted diversity, equity, and inclusion initiatives are undeniably failing, and activists narrowly focus on specific and sometimes conflicting communities, Belonging without Othering prescribes a new approach that encourages us to turn toward one another in unprecedented and radical ways. The pressures that separate us have a common root: our tendency to cast people and groups in irreconcilable terms – or the process of "othering." This book gives vital language to this universal problem, unveiling its machinery at work across time and around the world. To subvert it, john a. powell and Stephen Menendian make a powerful and sweeping case for adopting a paradigm of belonging that does not require the creation of an "other." This new paradigm hinges on transitioning from narrow to expansive identities – even if that means challenging seemingly benevolent forms of community-building based on othering. As the threat of authoritarianism grows across the globe, this book makes the case that belonging without othering is the necessary, but not the inevitable, next step in our long journey toward creating truly equitable and thriving societies. The authors argue that we must build institutions, cultivate practices, and orient ourselves toward a shared future, not only to heal ourselves, but perhaps to save our planet as well. Brimming with clear guidance, sparkling insights, and specific examples and practices, Belonging without Othering is a future-oriented exploration that ushers us in a more hopeful direction.

cover for Not My Type: Automating Sexual Racism in Online Dating | Apryl Williams, with a Foreword by Safiya Noble
Not My Type
Automating Sexual Racism in Online Dating
Apryl Williams, with a Foreword by Safiya Noble
2024

In the world of online dating, race-based discrimination is not only tolerated, but encouraged as part of a pervasive belief that it is simply a neutral, personal choice about one's romantic partner. Indeed, it is so much a part of our inherited wisdom about dating and romance that it actually directs the algorithmic infrastructures of most major online dating platforms, such that they openly reproduce racist and sexist hierarchies. In Not My Type: Automating Sexual Racism in Online Dating, Apryl Williams presents a socio-technical exploration of dating platforms' algorithms, their lack of transparency, the legal and ethical discourse in these companies' community guidelines, and accounts from individual users in order to argue that sexual racism is a central feature of today's online dating culture. She discusses this reality in the context of facial recognition and sorting software as well as user experiences, drawing parallels to the long history of eugenics and banned interracial partnerships. Ultimately, Williams calls for, both a reconceptualization of the technology and policies that govern dating agencies, and also a reexamination of sociocultural beliefs about attraction, beauty, and desirability.

cover for The Incarcerated Modern: Prisons and Public Life in Iran | Golnar Nikpour
The Incarcerated Modern
Prisons and Public Life in Iran
Golnar Nikpour
2024

Iran's prison system is a foundational institution of Iranian political modernity. The Incarcerated Modern traces the transformation of Iran from a decentralized empire with few imprisoned persons at the turn of the twentieth century into a modern nation-state with over a quarter million prisoners today. In policing the line between "bad criminal" and "good citizen," the carceral system has shaped and reshaped Iranian understandings of citizenship, freedom, and political belonging. Golnar Nikpour explores the interplay between the concrete space of the Iranian prison and the role of prisons in producing new public cultures and political languages in Iran. From prison writings of 1920s leftist prisoners and communiqués of 1950s militant Islamists, to paintings of 1970s revolutionary guerrillas and mapping projects organized by contemporary dissident prisoners, carceral confinement has shaped modern Iranian political movements. Today, mass incarceration is a global phenomenon. The Incarcerated Modern connects Iranian history to transnational carceral histories to illuminate the shared architectures, economies, and techniques of modern punishment.

Paper $32.00 9781503637634
Cloth $130.00 9781503636699
cover for Legal Phantoms: Executive Action and the Haunting Failures of Immigration Law | Jennifer M. Chacón, Susan Bibler Coutin, and Stephen Lee
Legal Phantoms
Executive Action and the Haunting Failures of Immigration Law
Jennifer M. Chacón, Susan Bibler Coutin, and Stephen Lee
2024

The 2012 Deferred Action for Childhood Arrivals (DACA) program was supposed to be a stepping stone, a policy innovation announced by the White House designed to put pressure on Congress for a broader, lasting set of legislative changes. Those changes never materialized, and the people who hoped to benefit from them have been forced to navigate a tense and contradictory policy landscape ever since, haunted by these unfulfilled promises. Legal Phantoms tells their story. After Congress failed to pass a comprehensive immigration bill in 2013, President Obama pivoted in 2014 to supplementing DACA with a deferred action program (known as DAPA) for the parents of citizens and lawful permanent residents and a DACA expansion (DACA+) in 2014. But challenges from Republican-led states prevented even these programs from going into effect. Interviews with would-be applicants, immigrant-rights advocates, and government officials reveal how such failed immigration-reform efforts continue to affect not only those who had hoped to benefit, but their families, communities, and the country in which they have made an uneasy home. Out of the ashes of these lost dreams, though, people find their own paths forward through uncharted legal territory with creativity and resistance.

cover for Totalitarianism: A Borderline Idea in Political Philosophy | Simona Forti
Totalitarianism
A Borderline Idea in Political Philosophy
Simona Forti
2024

In the last decade, we have witnessed the return of one of the most controversial terms in the political lexicon: totalitarianism. What are we talking about when we define a totalitarian political and social situation? When did we start using the word as both adjective and noun? And, what totalitarian ghosts haunt the present? Philosopher Simona Forti seeks to answer these questions by reconstructing not only the genealogy of the concept, but also by clarifying its motives, misunderstandings, and the controversies that have animated its current resurgence. Taking into account political theories and historical discussions, Totalitarianism especially focuses on philosophical reflections, from the question of totalitarian biopolitics to the alleged totalitarian drifts of neoliberalism. The work invites the relentless formulation of a radical question about the democratic age: the possibilities it has opened up, the voids it leaves behind, the mechanisms it activates, and the "voluntary servitude" it produces. Forti argues that totalitarianism cannot be considered an external threat to democracy, but rather as one of the possible answers to those questions posed by modernity which democracies have not been able to solve. Her investigation of the uses and abuses of totalitarianism as one of the fundamental categories of the twentieth and twenty-first centuries promises to provoke much-needed discussion and debate among those in philosophy, politics, ethics, and beyond.

cover for Proud to Punish: The Global Landscapes of Rough Justice | Gilles Favarel-Garrigues and Laurent Gayer, Translated by Cynthia Schoch and Trista Selous
Proud to Punish
The Global Landscapes of Rough Justice
Gilles Favarel-Garrigues and Laurent Gayer, Translated by Cynthia Schoch and Trista Selous
2024

A magisterial comparative study, Proud to Punish recenters our understanding of modern punishment through a sweeping analysis of the global phenomenon of "rough justice": the use of force to settle accounts and enforce legal and moral norms outside the formal framework of the law. While taking many forms, including vigilantism, lynch mobs, people's courts, and death squads, all seekers of rough justice thrive on the deliberate blurring of lines between law enforcers and troublemakers. Digital networks have provided a profitable arena for vigilantes, who use social media to build a following and publicize their work, as they debase the bodies of the accused for purposes of edification and entertainment. It is this unabashed pride to punish, and the new punitive celebrations that actualize, publicize, and commercialize it, that this book brings into focus. Recounted in lively prose, Proud to Punish is both a global map of rough justice today and an insight into the deeper nature of punishment as a social and political phenomenon.

cover for Hereditary: The Persistence of Biological Theories of Crime | Julien Larregue
Hereditary
The Persistence of Biological Theories of Crime
Julien Larregue
2024

Since the 1990s, a growing number of criminal courts around the world have been using expert assessments based on behavioral genetics and neuroscience to evaluate the responsibility and dangerousness of offenders. Despite this rapid circulation, however, we still know very little about the scientific knowledge underlying these expert evaluations. Hereditary traces the historical development of biosocial criminology in the United States from the 1960s to the present, showing how the fate of this movement is intimately linked to that of the field of criminology as a whole. In claiming to identify the biological and environmental causes of so-called "antisocial" behaviors, biosocial criminologists are redefining the boundary between the normal and the pathological. Julien Larregue examines what is at stake in the development of biosocial criminology. Beyond the origins of delinquency, Larregue addresses the reconfiguration of expertise in contemporary societies, and in particular the territorial struggles between the medical and legal professions. For if the causes of crime are both biological and social, its treatment may call for medical as well as legal solutions.

cover for Liquid Asset: How Business and Government Can Partner to Solve the Freshwater Crisis | Barton H. Thompson, Jr.
Liquid Asset
How Business and Government Can Partner to Solve the Freshwater Crisis
Barton H. Thompson, Jr.
2023

A sweeping, policy-oriented account of the private and public management of the world's essential natural resource. Governments dominated water management throughout the twentieth century. Tasked with ensuring a public supply of clean, safe, reliable, and affordable water, governmental agencies controlled water administration in most of the world. They built the dams, reservoirs, and aqueducts that store water when available and move that water to areas with increasing populations and economies. Private businesses sometimes played a part in managing water, but typically in a supporting position as consultants or contractors. Today, given the global need for innovative new technologies, institutions, and financing to solve the freshwater crisis, private businesses and markets are playing a rapidly expanding role, bringing both new approaches and new challenges to a historically public field. In Liquid Asset, Barton H. Thompson, Jr. examines the growing position of the private sector in the "business of water." Thompson seeks to understand the private sector's involvement in meeting the water needs of both humans and the environment, looks at the potential risks that growing private involvement poses to the public interest in water, and considers the obstacles that private organizations face in trying to participate in a traditionally governmental sector. Thompson provides a richly detailed analysis to foster both improved public policy and responsible business behavior. As the book demonstrates, the story of private businesses and water offers a window into the serious challenges facing freshwater today, and their potential solutions.

cover for Becoming a Public Benefit Corporation: Express Your Values, Energize Stakeholders, Make the World a Better Place | Michael B. Dorff
Becoming a Public Benefit Corporation
Express Your Values, Energize Stakeholders, Make the World a Better Place
Michael B. Dorff
2023

There are now over 10,000 benefit corporations and public benefit corporations in the United States, including at least fifteen public companies. This is the authoritative guide for leaders, advisors, and board members. Entrepreneurs and leaders often have an inspiring vision for how their business can not only make money for shareholders, but also benefit society. In recent years a new legal structure has emerged, the "Benefit Corporation" or "Public Benefit Corporation," which helps organizations make this ethical vision a legally authorized and protected reality. Companies like Patagonia, Kickstarter, Warby Parker, Danone North America, Allbirds, and King Arthur Baking have become benefit corporations to help advance both their business and their broader mission. Rather than narrowly maximizing profits, they consider their businesses' impacts on employees, customers, suppliers, the environment and others. The goal of benefit corporations like these is to foster a new, more humane, and sustainable capitalism by pursuing both profits and mission. Benefit corporation status helps protect the company mission even when leadership changes—and in the face of pressure from investors, shareholders, bankers and lenders. Becoming a Public Benefit Corporation explains this exciting new type of corporation, when it makes sense, and how becoming a benefit corporation can help leaders and organizations balance the tradeoffs between profits and mission. Law professor and corporate governance expert Michael B. Dorff also covers the weaknesses of benefit corporations, arguing that the enforcement mechanisms around benefit corporations are currently too weak to prevent "purpose washing." With examples from top companies, the book shows mission-driven leaders, board members, and advisors how to use the benefit corporation structure to make the world a better place.

cover for Judging Insanity, Punishing Difference: A History of Mental Illness in the Criminal Court | Chloé Deambrogio
Judging Insanity, Punishing Difference
A History of Mental Illness in the Criminal Court
Chloé Deambrogio
2023

In Judging Insanity, Punishing Difference, Chloé Deambrogio explores how developments in the field of forensic psychiatry shaped American courts' assessments of defendants' mental health and criminal responsibility over the course of the twentieth century. During this period, new psychiatric notions of the mind and its readability, legal doctrines of insanity and diminished culpability, and cultural stereotypes about race and gender shaped the ways in which legal professionals, mental health experts, and lay witnesses approached mental disability evidence, especially in cases carrying the death penalty. Using Texas as a case study, Deambrogio examines how these medical, legal, and cultural trends shaped psycho-legal debates in state criminal courts, while shedding light on the ways in which experts and lay actors' interpretations of "pathological" mental states influenced trial verdicts in capital cases. She shows that despite mounting pressures from advocates of the "rehabilitative penology," Texas courts maintained a punitive approach towards defendants allegedly affected by severe mental disabilities, while allowing for moralized views about personalities, habits, and lifestyle to influence psycho-legal assessments, in potentially prejudicial ways.

cover for Supreme Bias: Gender and Race in U.S. Supreme Court Confirmation Hearings | Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand
Supreme Bias
Gender and Race in U.S. Supreme Court Confirmation Hearings
Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand
2023

In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.

cover for Reform Nation: The First Step Act and the Movement to End Mass Incarceration | Colleen P. Eren
Reform Nation
The First Step Act and the Movement to End Mass Incarceration
Colleen P. Eren
2023

How one law tells the story of America's modern criminal justice movement In late 2018, the First Step Act was signed into law by President Donald Trump just hours before a government shutdown. It was one of few major pieces of federal criminal justice reform since the 1970s to move toward reversing the incarceration frenzy that had characterized United States policy. While it did not amount to revolutionary reform, in Reform Nation, Colleen P. Eren investigates it as a symbol for the larger movement's trajectory. Its unlikely passage during a period of political polarization was testament to the power of a new constellation of advocates, stakeholders, and strange bedfellow alliances. These intriguing and complex dynamics are indicative of a longer, twenty-year shift in which the movement became nationalized and mainstreamed. Using in-depth interviews with major players in the national movement, formerly incarcerated activists, celebrities, and donors, this is the first book to turn the mirror back on the criminal justice reform movement itself—the frames used, the voices heard, the capital activated among elite participants, and the bitter controversies. This snapshot in time raises much larger questions about how our democratic processes inform criminal justice policy, and where we are going in the decades to come.

cover for Rights Refused: Grassroots Activism and State Violence in Myanmar | Elliott Prasse-Freeman
Rights Refused
Grassroots Activism and State Violence in Myanmar
Elliott Prasse-Freeman
2023

For decades, the outside world mostly knew Myanmar as the site of a valiant human rights struggle against an oppressive military regime, predominantly through the figure of Nobel Peace Prize winner Aung San Suu Kyi. And yet, a closer look at Burmese grassroots sentiments reveals a significant schism between elite human rights cosmopolitans and subaltern Burmese subjects maneuvering under brutal and negligent governance. While elites have endorsed human rights logics, subalterns are ambivalent, often going so far as to refuse rights themselves, seeing in them no more than empty promises. Such alternative perspectives became apparent during Burma's much-lauded decade-long "transition" from military rule that began in 2011, a period of massive change that saw an explosion of political and social activism. How then do people conduct politics when they lack the legally and symbolically stabilizing force of "rights" to guarantee their incursions against injustice? In this book, Elliott Prasse-Freeman documents grassroots political activists who advocate for workers and peasants across Burma, covering not only the so-called "democratic transition" from 2011-2021, but also the February 2021 military coup that ended that experiment and the ongoing mass uprising against it. Taking the reader from protest camps, to flop houses, to prisons, and presenting practices as varied as courtroom immolation, occult cursing ceremonies, and land reoccupations, Rights Refused shows how Burmese subaltern politics compel us to reconsider how rights frameworks operate everywhere.

cover for Free to Judge: The Power of Campaign Money in Judicial Elections | Michael S. Kang and Joanna M. Shepherd
Free to Judge
The Power of Campaign Money in Judicial Elections
Michael S. Kang and Joanna M. Shepherd
2023

The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. Free to Judge is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system.

cover for Rules of the Road: The Automobile and the Transformation of American Criminal Justice | Spencer Headworth
Rules of the Road
The Automobile and the Transformation of American Criminal Justice
Spencer Headworth
2023

A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.

cover for Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942–1962 | Kalyani Ramnath
Boats in a Storm
Law, Migration, and Decolonization in South and Southeast Asia, 1942–1962
Kalyani Ramnath
2023

For more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.

cover for Involuntary Consent: The Illusion of Choice in Japan’s Adult Video Industry | Akiko Takeyama
Involuntary Consent
The Illusion of Choice in Japan’s Adult Video Industry
Akiko Takeyama
2023

The popularity of pornography is predicated on the idea that those participating have given their consent. That is what allows the porn industry to dominate the media economy today, generating staggering sums of money. Looking at behind-the-scenes negotiations and abuses in Japan's adult video industry, author Akiko Takeyama challenges this pervasive notion with the idea of "involuntary consent." This phenomenon, she argues, is ubiquitous, not only in the porn industry, but in our everyday lives. And yet modern society, built on beliefs of autonomy, free choice, and equality, renders it all but invisible. Japan's AV industry alone generates a conservatively estimated $5 billion a year. In recent years, it has drawn public attention, and criticism, because of a series of arrests and trials of former talent agency owners and executives. This led to a report calling for a systematic investigation of the industry over the issue of "forced performance." This report has had ripple effects beyond Japan, as the US Department of State subsequently also cited forced performance as a human rights violation. Using this moment as an entry point, Takeyama argues that contract-making writ large is based on fundamentally dualistic terms, implying consent and pleasure on the one hand, and coercion and pain on the other. Because sex workers are employed on a contract basis, they fall outside of the purview of standard labor and employment laws. As a result, they are frequently pressured to comply with what production companies (mostly run by men) expect and often demand. In this ethnography of Japan's porn industry, Akiko Takeyama investigates the paradox of involuntary consent in modern liberal democratic societies. Taking consent as her starting point, Takeyama illustrates the nuances of contract making and the legal structures, or lack thereof, that govern Japan's adult video and sex entertainment industries.

cover for When Misfortune Becomes Injustice: Evolving Human Rights Struggles for Health and Social Equality, Second Edition | Alicia Ely Yamin, Foreword by Sakiko Fukuda-Parr
When Misfortune Becomes Injustice
Evolving Human Rights Struggles for Health and Social Equality, Second Edition
Alicia Ely Yamin, Foreword by Sakiko Fukuda-Parr
2023

When Misfortune Becomes Injustice surveys the progress and challenges in deploying human rights to advance health and social equality over recent decades. Alicia Ely Yamin weaves together theory and firsthand experience in a compelling narrative of how evolving legal norms, empirical knowledge, and development paradigms have interacted in the realization of health rights, and challenges us to consider why these advances have failed to produce greater equality within and between nations. In this revised and expanded second edition, Yamin incorporates crucial lessons learned about the state of global health equity and public health systems during the COVID-19 pandemic, demonstrating just how incompatible the current institutionalized world order—based on neoliberal, financialized capitalism—is with one in which the rights of diverse people around the globe can be realized. COVID-19 struck a world that had been shaped by decades of disinvestment in public health, health systems, and social protection, as well as privatization of wealth and gaping social inequalities within and between countries, and the evident crisis of confidence in the capacity of democratic political institutions and global governance was deepened by the pandemic. Yamin argues that transformative human rights praxis in health calls for addressing issues of structural inequality and political economy, and working across disciplinary silos through networks and social movements.

cover for Feel the Grass Grow: Ecologies of Slow Peace in Colombia | Angela Jill Lederach
Feel the Grass Grow
Ecologies of Slow Peace in Colombia
Angela Jill Lederach
2023

On November 24, 2016, the Colombian government and the Revolutionary Armed Forces of Colombia signed a revised peace accord that marked a political end to over a half-century of war. Feel the Grass Grow traces the far less visible aspects of moving from war to peace: the decades of campesino struggle to defend life, land, and territory prior to the national accord, as well as campesino social leaders' engagement with the challenges of the state's post-accord reconstruction efforts. In the words of the campesino organizers, "peace is not signed, peace is built." Drawing on nearly a decade of extensive ethnographic and participatory research, Angela Jill Lederach advances a theory of "slow peace." Slowing down does not negate the urgency that animates the defense of territory in the context of the interlocking processes of political and environmental violence that persist in post-accord Colombia. Instead, Lederach shows how the campesino call to "slowness" recenters grassroots practices of peace, grounded in multigenerational struggles for territorial liberation. In examining the various layers of meaning embedded within campesino theories of "the times (los tiempos)," this book directs analytic attention to the holistic understanding of peacebuilding found among campesino social leaders. Their experiences of peacebuilding shape an understanding of time as embodied, affective, and emplaced. The call to slow peace gives primacy to the everyday, where relationships are deepened, ancestral memories reclaimed, and ecologies regenerated.

cover for The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas | Daniel Kiel
The Transition
Interpreting Justice from Thurgood Marshall to Clarence Thomas
Daniel Kiel
2023

Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.

cover for Laboring for Justice: The Fight Against Wage Theft in an American City | Rebecca Berke Galemba
Laboring for Justice
The Fight Against Wage Theft in an American City
Rebecca Berke Galemba
2023

Laboring for Justice highlights the experiences of day laborers and advocates in the struggle against wage theft in Denver, Colorado. Drawing on more than seven years of research that earned special recognition for its community engagement, this book analyzes the widespread problem of wage theft and its disproportionate impact on low-wage immigrant workers. Rebecca Galemba focuses on the plight of day laborers in Denver, Colorado—a quintessential purple state that has swung between some of the harshest and more welcoming policies around immigrant and labor rights. With collaborators and community partners, Galemba reveals how labor abuses like wage theft persist, and how advocates, attorneys, and workers struggle to redress and prevent those abuses using proactive policy, legal challenges, and direct action tactics. As more and more industries move away from secure, permanent employment and towards casualized labor practices, this book shines a light on wage theft as symptomatic of larger, systemic issues throughout the U.S. economy, and illustrates how workers can deploy effective strategies to endure and improve their position in the world amidst precarity through everyday forms of convivencia and resistance. Applying a public anthropology approach that integrates the experiences of community partners, students, policy makers, and activists in the production of research, this book uses the pressing issue of wage theft to offer a methodologically rigorous, community-engaged, and pedagogically innovative approach to the study of immigration, labor, inequality, and social justice.

cover for Political Children: Violence, Labor, and Rights in Peru | Mikaela Luttrell-Rowland
Political Children
Violence, Labor, and Rights in Peru
Mikaela Luttrell-Rowland
2023

Grounded in extensive interviews, longitudinal methods, historical analysis, and archival work, Mikaela Luttrell-Rowland shows how two distinct groups of working young people in Lima, Peru have become political protagonists, resisting and critiquing the daily inequality and injustice they face. She details the ways these young people interpret and address a range of issues affecting their lives—from environmental degradation to second-rate public facilities, gender-based violence to dangerous working conditions—and reveals a range of ways they make sense of their systematic marginalization and their own labor, and in doing so, how they navigate everyday state violence. By attending to the affect, longing, and desires that animate these young people's politics, Luttrell-Rowland conveys the meaning of their lives and work in an economy that invokes their subjectivity and rights while rendering them non-participatory subjects. Though the lives of young people are often imagined as far from politics, these "political children" expose the contradictions of public policy narratives in which the Peruvian state is cast as a neutral site for engagement and action. Through their criticism and activism, the young people in this book demonstrate that such narratives divorce state power from the very places in which it is experienced as structural violence.

cover for Forbidden Intimacies: Polygamies at the Limits of Western Tolerance | Melanie Heath
Forbidden Intimacies
Polygamies at the Limits of Western Tolerance
Melanie Heath
2023

A poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love.

cover for Shadow Negotiators: How UN Organizations Shape the Rules of World Trade for Food Security | Matias E. Margulis
Shadow Negotiators
How UN Organizations Shape the Rules of World Trade for Food Security
Matias E. Margulis
2023

Shadow Negotiators is the first book to demonstrate that United Nations (UN) organizations have intervened to influence the discourse, agenda, and outcomes of international trade lawmaking at the World Trade Organization (WTO). While UN organizations lack a seat at the bargaining table at the WTO, Matias E. Margulis argues that these organizations have acted as "shadow negotiators" engaged in political actions intended to alter the trajectory and results of multilateral trade negotiations. He draws on analysis of one of the most contested issues in global trade politics, agricultural trade liberalization, to demonstrate interventions by four different UN organizations—the Food and Agriculture Organization (FAO), the World Food Programme (WFP), the Office of the High Commissioner for Human Rights (OHCHR), and the Special Rapporteur on the Right to Food (SRRTF). By identifying several novel intervention strategies used by UN actors to shape the rules of global trade, this book shows that UN organizations chose to intervene in trade lawmaking not out of competition with the WTO or ideological resistance to trade liberalization, but out of concerns that specific trade rules could have negative consequences for world food security—an outcome these organizations viewed as undermining their social purpose to reduce world hunger and protect the human right to food.

cover for Perpetrators: Encountering Humanity's Dark Side | Antonius C.G.M. Robben and Alexander Laban Hinton
Perpetrators
Encountering Humanity's Dark Side
Antonius C.G.M. Robben and Alexander Laban Hinton
2023

Perpetrators of mass violence are commonly regarded as evil. Their violent nature is believed to make them commit heinous crimes as members of state agencies, insurgencies, terrorist organizations, or racist and supremacist groups. Upon close examination, however, perpetrators are contradictory human beings who often lead unsettlingly ordinary and uneventful lives. Drawing on decades of on-the-ground research with perpetrators of genocide, mass violence, and enforced disappearances in Cambodia and Argentina, Antonius Robben and Alex Hinton explore how researchers go about not just interviewing and writing about perpetrators, but also processing their own emotions and considering how the personal and interpersonal impact of this sort of research informs the texts that emerge from them. Through interlinked ethnographic essays, methodological and theoretical reflections, and dialogues between the two authors, this thought-provoking book conveys practical wisdom for the benefit of other researchers who face ruthless perpetrators and experience turbulent emotions when listening to perpetrators and their victims. Perpetrators rarely regard themselves as such, and fieldwork with perpetrators makes for situations freighted with emotion. Research with perpetrators is a difficult but important part of understanding the causes of and creating solutions to mass violence, and Robben and Hinton use their expertise to provide insightful lessons on the epistemological, ethical, and emotional challenges of ethnographic fieldwork in the wake of atrocity.

cover for Shaping the Bar: The Future of Attorney Licensing | Joan W. Howarth
Shaping the Bar
The Future of Attorney Licensing
Joan W. Howarth
2022

The comprehensive source on attorney licensing and how to reform it. In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers—unfocused law degrees and obsolete bar exams—are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession.

cover for The Ends of Paradise: Race, Extraction, and the Struggle for Black Life in Honduras | Christopher A. Loperena
The Ends of Paradise
Race, Extraction, and the Struggle for Black Life in Honduras
Christopher A. Loperena
2022

The future of Honduras begins and ends on the white sand beaches of Tela Bay on the country's northeastern coast where Garifuna, a Black Indigenous people, have resided for over two hundred years. In The Ends of Paradise, Christopher A. Loperena examines the Garifuna struggle for life and collective autonomy, and demonstrates how this struggle challenges concerted efforts by the state and multilateral institutions, such as the World Bank, to render both their lands and their culture into fungible tourism products. Using a combination of participant observation, courtroom ethnography, and archival research, Loperena reveals how purportedly inclusive tourism projects form part of a larger neoliberal, extractivist development regime, which remakes Black and Indigenous territories into frontiers of progress for the mestizo majority. The book offers a trenchant analysis of the ways Black dispossession and displacement are carried forth through the conferral of individual rights and freedoms, a prerequisite for resource exploitation under contemporary capitalism. By demanding to be accounted for on their terms, Garifuna anchor Blackness to Central America—a place where Black peoples are presumed to be nonnative inhabitants—and to collective land rights. Steeped in Loperena's long-term activist engagement with Garifuna land defenders, this book is a testament to their struggle and to the promise of "another world" in which Black and Indigenous peoples thrive.

cover for Data Cartels: The Companies That Control and Monopolize Our Information | Sarah Lamdan
Data Cartels
The Companies That Control and Monopolize Our Information
Sarah Lamdan
2022

In our digital world, data is power. Information hoarding businesses reign supreme, using intimidation, aggression, and force to maintain influence and control. Sarah Lamdan brings us into the unregulated underworld of these "data cartels", demonstrating how the entities mining, commodifying, and selling our data and informational resources perpetuate social inequalities and threaten the democratic sharing of knowledge. Just a few companies dominate most of our critical informational resources. Often self-identifying as "data analytics" or "business solutions" operations, they supply the digital lifeblood that flows through the circulatory system of the internet. With their control over data, they can prevent the free flow of information, masterfully exploiting outdated information and privacy laws and curating online information in a way that amplifies digital racism and targets marginalized communities. They can also distribute private information to predatory entities. Alarmingly, everything they're doing is perfectly legal. In this book, Lamdan contends that privatization and tech exceptionalism have prevented us from creating effective legal regulation. This in turn has allowed oversized information oligopolies to coalesce. In addition to specific legal and market-based solutions, Lamdan calls for treating information like a public good and creating digital infrastructure that supports our democratic ideals.

cover for Conflicted Care: Doctors Navigating Patient Welfare, Finances, and Legal Risk | Hyeyoung Oh Nelson
Conflicted Care
Doctors Navigating Patient Welfare, Finances, and Legal Risk
Hyeyoung Oh Nelson
2022

An eye-opening and compelling ethnography about how doctors make decisions The oath that doctors take to "do no harm" suggests that patient welfare is at the center of what it means to be a successful medical professional. It is also understood, however, that hospitals are not only vessels for medical care—they are businesses, educational institutions, and complex bureaucracies with intricate codes of etiquette that dictate how each staff member should approach situations with patients. In Conflicted Care, Hyeyoung Oh Nelson provides an in-depth look at the decision-making processes of physicians at a large, prestigious academic medical center—that she calls Pacific Medical Center—and finds that more often than not patient wellbeing is only one of several factors governing day-to-day decisions. The steps physicians take reveal a kind of hidden curriculum of the medical world, one that is guided by status and hierarchy, bureaucracy, norms for consulting with third-parties, regulations for interactions with patients, and medical uncertainty. While at an institutional and individual level patient care continues to be integral to everything the physicians do, they are forced to reconcile that vow with these other, often-conflicting internal logics. Harm, Nelson argues, is thus built into the practice of medicine in the United States. This harm can take the form of unnecessary treatments and consultations or inadequate treatment for pain to motivate specialist intervention that would otherwise be resisted. These and other practices have the overall consequence of significantly driving up inpatient care costs, which then results in patients forgoing needed, ongoing treatment once they receive their medical bills. Drawing on a deep ethnography of physicians in the Internal Medicine Service unit, Nelson offers a sharp assessment of current policies aimed at alleviating medical costs and explains why they are ineffective. She concludes by offering novel policy and practice recommendations for health care practitioners, policy makers, and healthcare institutions.

cover for Marriage Unbound: State Law, Power, and Inequality in Contemporary China | Ke Li
Marriage Unbound
State Law, Power, and Inequality in Contemporary China
Ke Li
2022

China after Mao has undergone vast transformations, including massive rural-to-urban migration, rising divorce rates, and the steady expansion of the country's legal system. Today, divorce may appear a private concern, when in fact it is a profoundly political matter—especially in a national context where marriage was and has continued to be a key vehicle for nation-state building. Marriage Unbound focuses on the politics of divorce cases in contemporary China, following a group of women seeking judicial remedies for conjugal grievances and disputes. Drawing on extensive archival and ethnographic data, paired with unprecedented access to rural Chinese courtrooms, Ke Li presents not only a stirring portrayal of how these women navigate divorce litigation, but also a uniquely in-depth account of the modern Chinese legal system. With sensitive and fluid prose, Li reveals the struggles between the powerful and the powerless at the front lines of dispute management; the complex interplay between culture and the state; and insidious statecraft that far too often sacrifices women's rights and interests. Ultimately, this book shows how women's legal mobilization and rights contention can forge new ground for our understanding of law, politics, and inequality in an authoritarian regime.

cover for The Souls of White Jokes: How Racist Humor Fuels White Supremacy | Raúl Pérez
The Souls of White Jokes
How Racist Humor Fuels White Supremacy
Raúl Pérez
2022

A rigorous study of the social meaning and consequences of racist humor, and a damning argument for when the joke is not just a joke. Having a "good" sense of humor generally means being able to take a joke without getting offended—laughing even at a taboo thought or at another's expense. The insinuation is that laughter eases social tension and creates solidarity in an overly politicized social world. But do the stakes change when the jokes are racist? In The Souls of White Jokes Raúl Pérez argues that we must genuinely confront this unsettling question in order to fully understand the persistence of anti-black racism and white supremacy in American society today. W.E.B. Du Bois's prescient essay "The Souls of White Folk" was one of the first to theorize whiteness as a social and political construct based on a feeling of superiority over racialized others—a kind of racial contempt. Pérez extends this theory to the study of humor, connecting theories of racial formation to parallel ideas about humor stemming from laughter at another's misfortune. Critically synthesizing scholarship on race, humor, and emotions, he uncovers a key function of humor as a tool for producing racial alienation, dehumanization, exclusion, and even violence. Pérez tracks this use of humor from blackface minstrelsy to contemporary contexts, including police culture, politics, and far-right extremists. Rather than being harmless fun, this humor plays a central role in reinforcing and mobilizing racist ideology and power under the guise of amusement. The Souls of White Jokes exposes this malicious side of humor, while also revealing a new facet of racism today. Though it can be comforting to imagine racism as coming from racial hatred and anger, the terrifying reality is that it is tied up in seemingly benign, even joyful, everyday interactions as well— and for racism to be eradicated we must face this truth.

cover for Academic Outsider: Stories of Exclusion and Hope | Victoria Reyes
Academic Outsider
Stories of Exclusion and Hope
Victoria Reyes
2022

Many enter the academy with dreams of doing good; this is a book about how the institution fails them, especially if they are considered "outsiders." Tenure-track, published author, recipient of prestigious fellowships and awards—these credentials mark Victoria Reyes as somebody who has achieved the status of insider in the academy. Woman of color, family history of sexual violence, first generation, mother—these qualities place Reyes on the margins of the academy; a person who does not see herself reflected in its models of excellence. This contradiction allows Reyes to theorize the conditional citizenship of academic life—a liminal status occupied by a rapidly growing proportion of the academy, as the majority white, male, and affluent space simultaneously transforms and resists transformation. Reyes blends her own personal experiences with the tools of sociology to lay bare the ways in which the structures of the university and the people working within it continue to keep their traditionally marginalized members relegated to symbolic status, somewhere outside the center. Reyes confronts the impossibility of success in the midst of competing and contradictory needs—from navigating coded language, to balancing professional expectations with care-taking responsibilities, to combating the literal exclusions of outmoded and hierarchical rules. Her searing commentary takes on, with sensitivity and fury, the urgent call for academic justice.

cover for Lethal Injection and the False Promise of Humane Execution:  | Austin Sarat
Lethal Injection and the False Promise of Humane Execution
Austin Sarat
2022

With a history marked by incompetence, political maneuvering, and secrecy, America's "most humane" execution method is anything but. From the beginning of the Republic, this country has struggled to reconcile its use of capital punishment with the Constitution's prohibition of cruel punishment. Death penalty proponents argue both that it is justifiable as a response to particularly heinous crimes, and that it serves to deter others from committing them in the future. However, since the earliest executions, abolitionists have fought against this state-sanctioned killing, arguing, among other things, that the methods of execution have frequently been just as gruesome as the crimes meriting their use. Lethal injection was first introduced in order to quell such objections, but, as Austin Sarat shows in this brief history, its supporters' commitment to painless and humane death has never been certain. This book tells the story of lethal injection's earliest iterations in the United States, starting with New York state's rejection of that execution method almost a century and half ago. Sarat recounts lethal injection's return in the late 1970s, and offers novel and insightful scrutiny of the new drug protocols that went into effect between 2010 and 2020. Drawing on rare data, he makes the case that lethal injections during this time only became more unreliable, inefficient, and more frequently botched. Beyond his stirring narrative history, Sarat mounts a comprehensive condemnation of the state-level maneuvering in response to such mishaps, whereby death penalty states adopted secrecy statutes and adjusted their execution protocols to make it harder to identify and observe lethal injection's flaws. What was once touted as America's most humane execution method is now its most unreliable one. What was once a model of efficiency in the grim business of state killing is now marked by mayhem. The book concludes by critically examining the place of lethal injection, and the death penalty writ large, today.

cover for Crossing a Line: Laws, Violence, and Roadblocks to Palestinian Political Expression | Amahl Bishara
Crossing a Line
Laws, Violence, and Roadblocks to Palestinian Political Expression
Amahl Bishara
2022

Palestinians living on different sides of the Green Line make up approximately one-fifth of Israeli citizens and about four-fifths of the population of the West Bank. In both groups, activists assert that they share a single political struggle for national liberation. Yet, obstacles inhibit their ability to speak to each other and as a collective. Geopolitical boundaries fragment Palestinians into ever smaller groups. Crossing a Line enters these distinct environments for political expression and action of Palestinians who carry Israeli citizenship and Palestinians subject to Israeli military occupation in the West Bank, and considers how Palestinians are differently impacted by dispossession, settler colonialism, and militarism. Amahl Bishara looks to sites of political practice—journalism, historical commemorations, street demonstrations, social media, in prison, and on the road—to analyze how Palestinians create collectivities in these varied circumstances. She draws on firsthand research, personal interviews, and public media to examine how people shape and reshape meanings in circumstances of constraint. In considering these different environments for political expression and action, Bishara illuminates how expression is always grounded in place—and how a people can struggle together for liberation even when they cannot join together in protest.

cover for Genres of Privacy in Postwar America:  | Palmer Rampell
Genres of Privacy in Postwar America
Palmer Rampell
2022

With this incisive work, Palmer Rampell reveals the surprising role genre fiction played in redefining the category of the private person in the postwar period. Especially after the Supreme Court established a constitutional right to privacy in 1965, legal scholars, judges, and the public scrambled to understand the scope of that right. Before and after the Court's ruling, authors of genre fiction and film reformulated their aliens, androids, and monsters to engage in debates about personal privacy as it pertained to issues like abortion, police surveillance, and euthanasia. Triangulating novels and films with original archival discoveries and historical and legal research, Rampell provides new readings of Patricia Highsmith, Dorothy B. Hughes, Philip K. Dick, Octavia Butler, Chester Himes, Stephen King, Cormac McCarthy, and others. The book pairs the right of privacy for heterosexual sex with queer and proto-feminist crime fiction; racialized police surveillance at midcentury with Black crime fiction; Roe v. Wade (1973) with 1960s and 1970s science fiction; the Child Abuse Prevention and Treatment Act (1974) with horror; and the right to die with westerns. While we are accustomed to defenses of fiction for its capacity to represent fully rendered private life, Rampell suggests that we might value a certain strand of genre fiction for its capacity to theorize the meaning of the protean concept of privacy.

cover for Sextarianism: Sovereignty, Secularism, and the State in Lebanon | Maya Mikdashi
Sextarianism
Sovereignty, Secularism, and the State in Lebanon
Maya Mikdashi
2022

The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common—they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state. With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live.

cover for Street-Level Governing: Negotiating the State in Urban Turkey | Elise Massicard
Street-Level Governing
Negotiating the State in Urban Turkey
Elise Massicard
2022

Muhtars, the lowest level elected political position in Turkey, hold an ambiguously defined place within the administrative hierarchy. They are public officials, but local citizens do not always associate them with the central government. Street-Level Governing is the first book to investigate how muhtars carry out their role—not only what they are supposed to do, but how they actually operate—to provide an ethnographic study of the state as viewed from its margins. It starts from the premise that the seeming "margin" of state administration is not peripheral at all, but instructive as to how it functions. As Elise Massicard shows, muhtars exist at the intersection of everyday life and the exercise of power. Their position offers a personalized point of contact between citizens and state institutions, enabling close oversight of the citizenry, yet simultaneously projecting the sense of an accessible state to individuals. Challenging common theories of the state, Massicard outlines how the position of the muhtar throws into question an assumed dichotomy between domination and social resistance, and suggests that considerations of circumvention and accommodation are normal attributes of state-society functioning.

cover for Against Progress: Intellectual Property and Fundamental Values in the Internet Age | Jessica Silbey
Against Progress
Intellectual Property and Fundamental Values in the Internet Age
Jessica Silbey
2022

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

cover for Crimesploitation: Crime, Punishment, and Pleasure on Reality Television | Daniel LaChance and Paul Kaplan
Crimesploitation
Crime, Punishment, and Pleasure on Reality Television
Daniel LaChance and Paul Kaplan
2022

"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America.

Paper $25.00 9781503631731
Cloth $100.00 9781503613683
cover for Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance | Matthew C. Canfield
Translating Food Sovereignty
Cultivating Justice in an Age of Transnational Governance
Matthew C. Canfield
2022

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.

cover for Global Burning: Rising Antidemocracy and the Climate Crisis | Eve Darian-Smith
Global Burning
Rising Antidemocracy and the Climate Crisis
Eve Darian-Smith
2022

How extreme-right antidemocratic governments around the world are prioritizing profits over citizens, stoking catastrophic wildfires, and accelerating global climate change. Recent years have seen out-of-control wildfires rage across remote Brazilian rainforests, densely populated California coastlines, and major cities in Australia. What connects these separate events is more than immediate devastation and human loss of life. In Global Burning, Eve Darian-Smith contends that using fire as a symbolic and literal thread connecting different places around the world allows us to better understand the parallel, and related, trends of the growth of authoritarian politics and climate crises and their interconnected global consequences. Darian-Smith looks deeply into each of these three cases of catastrophic wildfires and finds key similarities in all of them. As political leaders and big business work together in the pursuit of profits and power, anti-environmentalism has become an essential political tool enabling the rise of extreme right governments and energizing their populist supporters. These are the governments that deny climate science, reject environmental protection laws, and foster exclusionary worldviews that exacerbate climate injustice. The fires in Australia, Brazil and the United States demand acknowledgment of the global systems of inequality that undergird them, connecting the political erosion of liberal democracy with the corrosion of the environment. Darian-Smith argues that these wildfires are closely linked through capitalism, colonialism, industrialization, and resource extraction. In thinking through wildfires as environmental and political phenomenon, Global Burning challenges readers to confront the interlocking powers that are ensuring our future ecological collapse.

cover for Tyrants on Twitter: Protecting Democracies from Information Warfare | David L. Sloss
Tyrants on Twitter
Protecting Democracies from Information Warfare
David L. Sloss
2022

A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system—if implemented by legislation in the United States—would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.

cover for Reinventing Human Rights:  | Mark Goodale
Reinventing Human Rights
Mark Goodale
2022

A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in order to give priority to the "practice of human rights." Rather than a priori claims to universality, he calls for a working theory of human rights defined by "translocality," a conceptual and ethical grounding that invites people to form alliances beyond established boundaries of community, nation, race, or religious identity. This book will serve as both a concrete blueprint and source of inspiration for those who want to preserve human rights as a key framework for confronting our manifold contemporary challenges, yet who agree—for many different reasons—that to do so requires radical reappraisal, imaginative reconceptualization, and a willingness to reinvent human rights as a cross-cultural foundation for both empowerment and social action.

cover for Surviving Solitary: Living and Working in Restricted Housing Units | Danielle S. Rudes, with Shannon Magnuson and Angela Hattery
Surviving Solitary
Living and Working in Restricted Housing Units
Danielle S. Rudes, with Shannon Magnuson and Angela Hattery
2022

Twenty to forty percent of the US prison population will spend time in restricted housing units—or solitary confinement. These separate units within prisons have enhanced security measures, and thousands of staff control and monitor the residents. Though commonly assumed to be punishment for only the most dangerous behaviors, in reality, these units may also be used in response to minor infractions. In Surviving Solitary, Danielle S. Rudes offers an unprecedented look inside RHUs—and a resounding call to more vigorously confront the intentions and realities of these structures. As the narratives unfold we witness the slow and systematic damage the RHUs inflict upon those living and working inside, through increased risk, arbitrary rules, and strained or absent social interactions. Rudes makes the case that we must prioritize improvement over harm. Residents uniformly call for more humane and dignified treatment. Staff yearn for more expansive control. But, as Rudes shows, there also remains fierce resilience among residents and staff and across the communities they forge—and a perpetual hope that they may have a different future.

Paper $26.00 9781503631236
Cloth $105.00 9781503614673
cover for Solidarity in Conflict: A Democratic Theory | Rochelle DuFord
Solidarity in Conflict
A Democratic Theory
Rochelle DuFord
2022

Democracy has become disentangled from our ordinary lives. Mere cooperation or ethical consumption now often stands in for a robust concept of solidarity that structures the entirety of sociality and forms the basis of democratic culture. How did democracy become something that is done only at ballot boxes and what role can solidarity play in reviving it? In Solidarity in Conflict, Rochelle DuFord presents a theory of solidarity fit for developing democratic life and a complementary theory of democracy that emerges from a society typified by solidarity. DuFord argues that solidarity is best understood as a set of relations, one agonistic and one antagonistic: the solidarity groups' internal organization and its interactions with the broader world. Such a picture of solidarity develops through careful consideration of the conflicts endemic to social relations and solidarity organizations. Examining men's rights groups, labor organizing's role in recognitional protections for LGBTQ members of society, and the debate over trans inclusion in feminist praxis, DuFord explores how conflict, in these contexts, becomes the locus of solidarity's democratic functions and thereby critiques democratic theorizing for having become either overly idealized or overly focused on building and maintaining stability. Working in the tradition of the Frankfurt School, DuFord makes a provocative case that the conflict generated by solidarity organizations can address a variety of forms of domination, oppression, and exploitation while building a democratic society.

cover for Counterrevolution: The Crusade to Roll Back the Gains of the Civil Rights Movement | Stephen Steinberg
Counterrevolution
The Crusade to Roll Back the Gains of the Civil Rights Movement
Stephen Steinberg
2022

In Black Reconstruction W.E.B. Du Bois wrote, "The slave went free; stood for a brief moment in the sun; then moved back again toward slavery." His words echo across the decades as the civil rights revolution, marked by the passage of landmark civil rights laws in the '60s, has seen those gains steadily and systematically whittled away. As history testifies, revolution nearly always triggers its antithesis: counterrevolution. In this book Steinberg provides an analysis of this backlash, tracing the reverse flow of history that has led to the current national reckoning on race. Steinberg puts counterrevolution into historical and theoretical perspective, exploring the "victim-blaming" and "colorblind" discourses that emerged in the post-segregation era and undermined progress toward racial equality, and led to the gutting of affirmative action. This book reflects Steinberg's long career as a critical race scholar, culminating with his assessment of our current moment and the possibilities for political transformation.

cover for Policing Bodies: Law, Sex Work, and Desire in Johannesburg | I. India Thusi
Policing Bodies
Law, Sex Work, and Desire in Johannesburg
I. India Thusi
2021

Sex work occupies a legally gray space in Johannesburg, South Africa, and police attitudes towards it are inconsistent and largely unregulated. As I. India Thusi argues in Policing Bodies, this results in both room for negotiation that can benefit sex workers and also extreme precarity in which the security police officers provide can be offered and taken away at a moment's notice. Sex work straddles the line between formal and informal. Attitudes about beauty and subjective value are manifest in formal tasks, including police activities, which are often conducted in a seemingly ad hoc manner. However, high-level organizational directives intended to regulate police obligations and duties toward sex workers also influence police action and tilt the exercise of discretion to the formal. In this liminal space, this book considers how sex work is policed and how it should be policed. Challenging discourses about sexuality and gender that inform its regulation, Thusi exposes the limitations of dominant feminist arguments regarding the legal treatment of sex work. This in-depth, historically informed ethnography illustrates the tension between enforcing a country's laws and protecting citizens' human rights.

cover for Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State | Jane Lilly López
Unauthorized Love
Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State
Jane Lilly López
2021

A rich, narrative exploration of the ways love defies, survives, thrives, and dies as lovers contend with US immigration policy. For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love, Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.

cover for Unfree: Migrant Domestic Work in Arab States | Rhacel Salazar Parreñas
Unfree
Migrant Domestic Work in Arab States
Rhacel Salazar Parreñas
2021

A stirring account of the experiences of migrant domestic workers, and what freedom, abuse, and power mean within a vast contract labor system. In the United Arab Emirates, there is an employment sponsorship system known as the kafala. Migrant domestic workers within it must solely work for their employer, secure their approval to leave the country, and obtain their consent to terminate a job. In Unfree, Rhacel Salazar Parreñas examines the labor of women from the Philippines, who represent the largest domestic workforce in the country. She challenges presiding ideas about the kafala, arguing that its reduction to human trafficking is, at best, unproductive, and at worst damaging to genuine efforts to regulate this system that impacts tens of millions of domestic workers across the globe. The kafala system technically renders migrant workers unfree as they are made subject to the arbitrary authority of their employer. Not surprisingly, it has been the focus of intense scrutiny and criticism from human rights advocates and scholars. Yet, contrary to their claims, Parreñas argues that most employers do not abuse domestic workers or maximize the extraction of their labor. Still, the outrage elicited by this possibility dominates much of public discourse and overshadows the more mundane reality of domestic work in the region. Drawing on unparalleled data collected over 4 years,this book diverges from previous studies as it establishes that the kafala system does not necessarily result in abuse, but instead leads to the absence of labor standards. This absence is reflected in the diversity of work conditions across households, ranging from dehumanizing treatment, infantilization, to respect and recognition of domestic workers. Unfree shows how various stakeholders, including sending and receiving states, NGOs, inter-governmental organizations, employers and domestic workers, project moral standards to guide the unregulated labor of domestic work. They can mitigate or aggravate the arbitrary authority of employers. Parreñas offers a deft and rich portrait of how morals mediate work on the ground, warning against the dangers of reducing unfreedom to structural violence.

cover for Dirty Works: Obscenity on Trial in America’s First Sexual Revolution | Brett Gary
Dirty Works
Obscenity on Trial in America’s First Sexual Revolution
Brett Gary
2021

Gold Medal (tie) in the 2022 Independent Publisher Book Awards (IPPYs) - History (U.S.) Category. A rich account of 1920s to 1950s New York City, starring an eclectic mix of icons like James Joyce, Margaret Sanger, and Alfred Kinsey—all led by an unsung hero of free expression and reproductive rights: Morris L. Ernst. At the turn of the twentieth century, the United States was experiencing an awakening. Victorian-era morality was being challenged by the introduction of sexual modernism and women's rights into popular culture, the arts, and science. Set during this first sexual revolution, when civil libertarian-minded lawyers overthrew the yoke of obscenity laws, Dirty Works focuses on a series of significant courtroom cases that were all represented by the same lawyer: Morris L. Ernst. Ernst's clients included a who's who of European and American literati and sexual activists, among them Margaret Sanger, James Joyce, and Alfred Kinsey. They, along with a colorful cast of burlesque-theater owners and bookstore clerks, had run afoul of stiff obscenity laws, and became actors in Ernst's legal theater that ultimately forced the law to recognize people's right to freely consume media. In this book, Brett Gary recovers the critically neglected Ernst as the most important legal defender of literary expression and reproductive rights by the mid-twentieth century. Each chapter centers on one or more key trials from Ernst's remarkable career battling censorship and obscenity laws, using them to tell a broader story of cultural changes and conflicts around sex, morality, and free speech ideals. Dirty Works sets the stage, legally and culturally, for the sexual revolution of the 1960s and beyond. In the latter half of the century, the courts had a powerful body of precedents, many owing to Ernst's courtroom successes, that recognized adult interests in sexuality, women's needs for reproductive control, and the legitimacy of sexual inquiry. The legacy of this important, but largely unrecognized, moment in American history must be reckoned with in our contentious present, as many of the issues Ernst and his colleagues defended are still under attack eight decades later.

cover for Rocking Qualitative Social Science: An Irreverent Guide to Rigorous Research | Ashley T. Rubin
Rocking Qualitative Social Science
An Irreverent Guide to Rigorous Research
Ashley T. Rubin
2021

Unlike other athletes, the rock climber tends to disregard established norms of style and technique, doing whatever she needs to do to get to the next foothold. This figure provides an apt analogy for the scholar at the center of this unique book. In Rocking Qualitative Social Science, Ashley Rubin provides an entertaining treatise, corrective vision, and rigorously informative guidebook for qualitative research methods that have long been dismissed in deference to traditional scientific methods. Recognizing the steep challenges facing many, especially junior, social science scholars who struggle to adapt their research models to narrowly defined notions of "right," Rubin argues that properly nourished qualitative research can generate important, creative, and even paradigm-shifting insights. This book is designed to help people conduct good qualitative research, talk about their research, and evaluate other scholars' work. Drawing on her own experiences in research and life, Rubin provides tools for qualitative scholars, synthesizes the best advice, and addresses the ubiquitous problem of anxiety in academia. Ultimately, this book argues that rigorous research can be anything but rigid.

cover for The Specter of Dictatorship: Judicial Enabling of Presidential Power | David M. Driesen
The Specter of Dictatorship
Judicial Enabling of Presidential Power
David M. Driesen
2021

Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

cover for Refusing Death: Immigrant Women and the Fight for Environmental Justice in LA | Nadia Y. Kim
Refusing Death
Immigrant Women and the Fight for Environmental Justice in LA
Nadia Y. Kim
2021

The industrial-port belt of Los Angeles is home to eleven of the top twenty oil refineries in California, the largest ports in the country, and those "racist monuments" we call freeways. In this uncelebrated corner of "La La Land" through which most of America's goods transit, pollution is literally killing the residents. In response, a grassroots movement for environmental justice has grown, predominated by Asian and undocumented Latin@ immigrant women who are transforming our political landscape—yet we know very little about these change makers. In Refusing Death, Nadia Y. Kim tells their stories, finding that the women are influential because of their ability to remap politics, community, and citizenship in the face of the country's nativist racism and system of class injustice, defined not just by disproportionate environmental pollution but also by neglected schools, surveillance and deportation, and political marginalization. The women are highly conscious of how these harms are an assault on their bodies and emotions, and of their resulting reliance on a state they prefer to avoid and ignore. In spite of such challenges and contradictions, however, they have developed creative, unconventional, and loving ways to support and protect one another. They challenge the state's betrayal, demand respect, and, ultimately, refuse death.

cover for Crossing: How We Label and React to People on the Move | Rebecca Hamlin
Crossing
How We Label and React to People on the Move
Rebecca Hamlin
2021

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand—indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.

cover for Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care | Renée Ann Cramer
Birthing a Movement
Midwives, Law, and the Politics of Reproductive Care
Renée Ann Cramer
2021

Rich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike.

cover for A History of False Hope: Investigative Commissions in Palestine | Lori Allen
A History of False Hope
Investigative Commissions in Palestine
Lori Allen
2020

This book offers a provocative retelling of Palestinian political history through an examination of the international commissions that have investigated political violence and human rights violations. More than twenty commissions have been convened over the last century, yet no significant change has resulted from these inquiries. The findings of the very first, the 1919 King-Crane Commission, were suppressed. The Mitchell Committee, convened in the heat of the Second Intifada, urged Palestinians to listen more sympathetically to the feelings of their occupiers. And factfinders returning from a shell-shocked Gaza Strip in 2008 registered their horror at the scale of the destruction, but Gazans have continued to live under a crippling blockade. Drawing on debates in the press, previously unexamined UN reports, historical archives, and ethnographic research, Lori Allen explores six key investigative commissions over the last century. She highlights how Palestinians' persistent demands for independence have been routinely translated into the numb language of reports and resolutions. These commissions, Allen argues, operating as technologies of liberal global governance, yield no justice—only the oppressive status quo. A History of False Hope issues a biting critique of the captivating allure and cold impotence of international law.

cover for The Color of Creatorship: Intellectual Property, Race, and the Making of Americans | Anjali Vats
The Color of Creatorship
Intellectual Property, Race, and the Making of Americans
Anjali Vats
2020

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

cover for Dispute System Design: Preventing, Managing, and Resolving Conflict | Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith
Dispute System Design
Preventing, Managing, and Resolving Conflict
Lisa Blomgren Amsler, Janet K. Martinez, and Stephanie E. Smith
2020

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.

Cloth $75.00 9780804771764
cover for Court of Injustice: Law Without Recognition in U.S. Immigration | J.C. Salyer
Court of Injustice
Law Without Recognition in U.S. Immigration
J.C. Salyer
2020

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

cover for The Cult of the Constitution:  | Mary Anne Franks
The Cult of the Constitution
Mary Anne Franks
2019

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

cover for Copyright's Highway: From the Printing Press to the Cloud, Second Edition | Paul Goldstein
Copyright's Highway
From the Printing Press to the Cloud, Second Edition
Paul Goldstein
2019

In Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the "celestial jukebox," to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.

cover for Justice for Some: Law and the Question of Palestine | Noura Erakat
Justice for Some
Law and the Question of Palestine
Noura Erakat
2019

Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.

cover for How to Be Sort of Happy in Law School:  | Kathryne M. Young
How to Be Sort of Happy in Law School
Kathryne M. Young
2018

Each year, over 40,000 new students enter America's law schools. Each new crop experiences startlingly high rates of depression, anxiety, fatigue, and dissatisfaction. Kathryne M. Young was one of those disgruntled law students. After finishing law school (and a PhD), she set out to learn more about the law school experience and how to improve it for future students. Young conducted one of the most ambitious studies of law students ever undertaken, charting the experiences of over 1000 law students from over 100 different law schools, along with hundreds of alumni, dropouts, law professors, and more. How to Be Sort of Happy in Law School is smart, compelling, and highly readable. Combining her own observations and experiences with the results of her study and the latest sociological research on law schools, Young offers a very different take from previous books about law school survival. Instead of assuming her readers should all aspire to law-review-and-big-firm notions of success, Young teaches students how to approach law school on their own terms: how to tune out the drumbeat of oppressive expectations and conventional wisdom to create a new breed of law school experience altogether. Young provides readers with practical tools for finding focus, happiness, and a sense of purpose while facing the seemingly endless onslaught of problems law school presents daily. This book is an indispensable companion for today's law students, prospective law students, and anyone who cares about making law students' lives better. Bursting with warmth, realism, and a touch of firebrand wit, How to Be Sort of Happy in Law School equips law students with much-needed wisdom for thriving during those three crucial years.

cover for What Is a Border?:  | Manlio Graziano
What Is a Border?
Manlio Graziano
2018

The fall of the Berlin Wall, symbol of the bipolar order that emerged after World War II, seemed to inaugurate an age of ever fewer borders. The liberalization and integration of markets, the creation of vast free-trade zones, the birth of a new political and monetary union in Europe—all seemed to point in that direction. Only thirty years later, the tendency appears to be quite the opposite. Talk of a wall with Mexico is only one sign among many that boundaries and borders are being revisited, expanding in number, and being reintroduced where they had virtually been abolished. Is this an out-of-step, deceptive last gasp of national sovereignty or the victory of the weight of history over the power of place? The fact that borders have made a comeback, warns Manlio Graziano, in his analysis of the dangerous fault lines that have opened in the contemporary world, does not mean that they will resolve any problems. His geopolitical history and analysis of the phenomenon draws our attention to the ground shifting under our feet in the present and allows us to speculate on what might happen in the future.

cover for The Poverty of Privacy Rights:  | Khiara M. Bridges
The Poverty of Privacy Rights
Khiara M. Bridges
2017

The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

cover for Raised Right: Fatherhood in Modern American Conservatism | Jeffrey R. Dudas
Raised Right
Fatherhood in Modern American Conservatism
Jeffrey R. Dudas
2017

How has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"—the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in—and therein lies its timeless appeal.

Paper $26.00 9781503601727
Cloth $105.00 9781503600188
cover for Wild Life: The Institution of Nature | Irus Braverman
Wild Life
The Institution of Nature
Irus Braverman
2015

Wild Life documents a nuanced understanding of the wild versus captive divide in species conservation. It also documents the emerging understanding that all forms of wild nature—both in situ (on-site) and ex situ (in captivity)—may need to be managed in perpetuity. Providing a unique window into the high-stakes world of nature conservation, Irus Braverman describes the heroic efforts by conservationists to save wild life. Yet in the shadows of such dedication and persistence in saving the life of species, Wild Life also finds sacrifice and death. Such life and death stories outline the modern struggle to define what conservation should look like at a time when the long-established definitions of nature have collapsed. Wild Life begins with the plight of a tiny endangered snail, and ends with the rehabilitation of an entire island. Interwoven between its pages are stories about golden lion tamarins in Brazil, black-footed ferrets in the American Plains, Sumatran rhinos in Indonesia, Tasmanian devils in Australia, and many more creatures both human and nonhuman. Braverman draws on interviews with more than one hundred and twenty conservation biologists, zoologists, zoo professionals, government officials, and wildlife managers to explore the various perspectives on in situ and ex situ conservation and the blurring of the lines between them.