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Book
1 online resource (266 p.) : digital, PDF file(s).
  • 1. Race law cases in the American story Devon W. Carbado and Rachel Moran-- 2. Commentary: race law cases in the American story: Adoptive Couple v. Baby Girl Grace Lee-- 3. Race is evidence: (mis)characterizing blackness in the American civil rights story Montre D. Carodine-- 4. Montre D. Carodine's race is evidence of parenting in America: another civil rights story Tanya Asim Cooper-- 5. Blurring the color-blind line: eroding the dichotomy between color blindness and color consciousness in civil rights in the American story Mark Brilliant-- 6. What line? Fredrick Vars-- 7. Reframing the civil rights narrative: from compliance to collective impact Susan Sturm-- 8. Susan Sturm's reframing the civil rights narrative: from compliance to collective impact Steven Hobbs-- 9. Civil rights and the myth of moral progress Richard Thompson Ford-- 10. The best time of your life: reflections on the myth of moral progress and the continuing evolution of civil rights law Ronald Krotoszynski.
  • (source: Nielsen Book Data)9781107039292 20160612
Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.
(source: Nielsen Book Data)9781107039292 20160612
Book
273 pages ; 23 cm
  • The mere extinguishment of life? : technological efficiency, botched executions and the legitimacy of capital punishment in the United States
  • A clumsy, inefficient, inhuman thing : death by hanging
  • When science fails : electrocution
  • A short and unhappy history : the gas chamber
  • "How enviable a quiet death" : lethal injection
  • Botched executions and the struggle to end capital punishment.
"How enviable a quiet death by lethal injection, " wrote Justice Scalia, in a concurring opinion that denied review of a Texas death penalty case. But is it quiet? Renewed and vigorous debate over the death penalty has erupted as DNA testing has proven that many on death row are in fact innocent. In this debate, however, the guilty have been forgotten. In his new book, Gruesome Spectacles: Botched Executions and America's Death Penalty, renowned legal scholar Austin Sarat describes just how unquiet death by execution can be. If we assume a death row prisoner is guilty, how can we be sure that we are fulfilling the Supreme Court's mandate to ensure that his execution is "the mere extinguishment of life" and not a cruel and unusual punishment? Gruesome Spectacles is a history of botched, mismanaged, and painful executions in the U.S. from 1890-2010. Using new research, Sarat traces the evolution of methods of execution that were employed during this time, and were meant to improve on the methods that went before, from hanging or firing squad to electrocution to gas and lethal injection. Even though each of these technologies was developed to "perfect" state killing by decreasing the chance of a cruel death, an estimated three percent of all American executions went awry in one way or another. Sarat recounts the gripping and truly gruesome stories of some of these deaths - stories obscured by history and to some extent, the popular press.
(source: Nielsen Book Data)9780804789165 20160612
Law Library (Crown)
Book
273 pages ; 24 cm
  • The mere extinguishment of life? : technological efficiency, botched executions and the legitimacy of capital punishment in the United States
  • A clumsy, inefficient, inhuman thing : death by hanging
  • When science fails : electrocution
  • A short and unhappy history : the gas chamber
  • "How enviable a quiet death . . ." : lethal injection
  • Botched executions and the struggle to end capital punishment.
"How enviable a quiet death by lethal injection, " wrote Justice Scalia, in a concurring opinion that denied review of a Texas death penalty case. But is it quiet? Renewed and vigorous debate over the death penalty has erupted as DNA testing has proven that many on death row are in fact innocent. In this debate, however, the guilty have been forgotten. In his new book, Gruesome Spectacles: Botched Executions and America's Death Penalty, renowned legal scholar Austin Sarat describes just how unquiet death by execution can be. If we assume a death row prisoner is guilty, how can we be sure that we are fulfilling the Supreme Court's mandate to ensure that his execution is "the mere extinguishment of life" and not a cruel and unusual punishment? Gruesome Spectacles is a history of botched, mismanaged, and painful executions in the U.S. from 1890-2010. Using new research, Sarat traces the evolution of methods of execution that were employed during this time, and were meant to improve on the methods that went before, from hanging or firing squad to electrocution to gas and lethal injection. Even though each of these technologies was developed to "perfect" state killing by decreasing the chance of a cruel death, an estimated three percent of all American executions went awry in one way or another. Sarat recounts the gripping and truly gruesome stories of some of these deaths - stories obscured by history and to some extent, the popular press.
(source: Nielsen Book Data)9780804789165 20160612
Green Library
Book
1 online resource (322 p.) : digital, PDF file(s).
  • 1. The place of mercy in legal discourse Robert A. Ferguson-- 2. Commentary on Chapter 1: response to Professor Robert A. Ferguson's 'The place of mercy in legal discourse' Jamie Leonard-- 3. Mercy, crime control, and moral credibility Paul H. Robinson-- 4. Commentary on Chapter 3: thoughts on mercy and self-examination: a response to Paul Robinson William Brewbaker-- 5. Defending a role for mercy in a criminal justice system James Staihar and Stephen Macedo-- 6. Commentary on Chapter 5: commentary on defending a role for mercy in a criminal justice system Pamela Pierson-- 7. Actions of mercy Alice Ristroph-- 8. Commentary on Chapter 7: reflections on Alice Ristroph's 'Actions of mercy' Steven H. Hobbs-- 9. A feminist view of mercy, judgment, and the 'exception' in the context of transitional justice Susan H. Williams-- 10. Commentary on Chapter 9: the interpretative process: feminist reconstructions Timothy Hoff.
  • (source: Nielsen Book Data)9781107008434 20160612
Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.
(source: Nielsen Book Data)9781107008434 20160612
Book
1 online resource (250 p.) : digital, PDF file(s).
  • 1. The ethics of an alternative: counterfactuals and the tone of dissent Ravit Reichman-- 2. The role of counterfactual imagination in the legal system: misplaced judgment or inevitable dissent? Suzette M. Malveaux-- 3. American animus: dissent and disapproval in Bowers v. Hardwick, Romer v. Evans, and Lawrence v. Texas Susanna Lee-- 4. Animus-supported argument vs. animus-supported standing: a comment on Susanna Lee's American animus Heather Elliott-- 5. Dissent and authenticity in the history of American racial politics Kenneth W. Mack-- 6. Comment on Kenneth Mack, 'dissent and authenticity in the history of American politics' Tony A. Freyer-- 7. Dissent in the legal academy and the temptations of power: the difficulty of dissent Richard H. Pildes-- 8. Why dissent isn't free: a commentary on Pildes' the difficulty of dissent Bryan K. Fair-- 9. Why societies don't need dissent (as such) Mark Tushnet-- 10. Questioning the value of dissent and free speech more generally: American skepticism of government and the protection of low-value speech Ronald J. Krotoszynski.
  • (source: Nielsen Book Data)9781139013635 20160607
Dissenting Voices in American Society: The Role of Judges, Lawyers, and Citizens explores the status of dissent in the work and lives of judges, lawyers, and citizens, and in our institutions and culture. It brings together under the lens of critical examination dissenting voices that are usually treated separately: the protester, the academic critic, the intellectual, and the dissenting judge. It examines the forms of dissent that institutions make possible and those that are discouraged or domesticated. This book also describes the kinds of stories that dissenting voices try to tell and the narrative tropes on which those stories depend. This book is the product of an integrated series of symposia at the University of Alabama School of Law. These symposia bring leading scholars into colloquy with faculty at the law school on subjects at the cutting edge of interdisciplinary inquiry in law.
(source: Nielsen Book Data)9781139013635 20160607
Book
1 online resource (217 p.) : digital, PDF file(s).
  • 1. A history of ambivalence: how religion and US law have developed together Amanda Porterfield-- 2. Commentary on religion's accommodation to American law and culture Timothy Hoff-- 3. Against neutralism: faith based groups, discrimination, and state subsidy Corey Brettschneider-- 4. Commentary on freedom of speech, equal citizenship, and the anti-caste principle: a commentary on regulating hate speech Bryan Fair-- 5. Expanding the Bob Jones Compromise Caroline Mala Corbin-- 6. Commentary on religious practice and sex discrimination: a case for toleration? Meredith Render-- 7. Religious freedom and the nondiscrimination norm Richard W. Garnett-- 8. Commentary on religious freedom and the nondiscrimination norm Paul Horwitz-- 9. Freedom of religion or freedom of the church? Steven D. Smith-- 10. Commentary on government for the time being William Brewbaker.
  • (source: Nielsen Book Data)9781107023680 20160608
There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
(source: Nielsen Book Data)9781107023680 20160608
Book
1 online resource (312 p.) : digital, PDF file(s).
  • Introduction: toward new conceptions of the relationship of law and sovereignty under conditions of emergency Austin Sarat-- 1. The 'organic law' of 'ex parte milligan' David Dyzenhaus-- 2. Comment on 'the 'organic law' of 'ex parte milligan' Tony A. Freyer-- 3. Emergency, legality, sovereignty: Birmingham, 1963 Patrick O. Gudridge-- 4. Order in the court Paul Horwitz-- 5. The banality of emergency: on the time and space of 'political necessity' Leonard C. Feldman-- 6. Emergencies, body parts and price gouging J. Shahar Dillbary-- 7. The racial sovereign Sumi Cho and Gil Gott-- 8. Toward a nonracial sovereign Debra Lyn Bassett-- 9. Should constitutional democracies redefine emergencies and the legal regimes suitable for them? Michel Rosenfeld-- 10. Comment on 'should constitutional democracies redefine emergencies and the legal regimes suitable for them?' James Leonard.
  • (source: Nielsen Book Data)9780521112239 20160607
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
(source: Nielsen Book Data)9780521112239 20160607
Book
1 online resource (240 p.) : digital, PDF file(s).
  • Introduction: situating speech and silence Austin Sarat-- 1. 'Our word is our bond' Marianne Constable-- 2. Our word [or the lack thereof] is our bond: the regulation of silence under contract law Grace Lee-- 3. Powell's choice: the law and morality of speech, silence, and resignation by high government officials Louis Michael Seidman-- 4. Resignations, the (quasi) plural executive, and a critical assessment of the unitary executive theory Ronald Krotoszynski-- 5. Anonymous: on silence and the public sphere Danielle Allen-- 6. Silencing by exclusion: a reaction to 'anonymous: on silence and the public sphere' Heather Elliott-- 7. Freedom of expression, political fraud and the dilemma of anonymity Martin H. Redish-- 8. Anonymity, signaling, and silence as speech Paul Horwitz-- 9. Speech, silence, the body Peter Brooks-- 10. Torture and Miranda Frederick Vars.
  • (source: Nielsen Book Data)9780521113373 20160604
Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.
(source: Nielsen Book Data)9780521113373 20160604
Book
vii, 202 p. : ill. ; 23 cm.
  • Introduction: The challenge of crisis and catastrophe in law and politics / Austin Sarat, Lavier Lezaun
  • Crisis and catastrophe in science, law, and politics : mapping the terrain / Peter H. Schuck
  • The real third rail of American politics / Michele Landis Dauber
  • New Orleans everywhere : bureaucratic accountability and housing policy after Katrina / Susan M. Sterett
  • Emergency management and the courts in the wake of Hurricane Katrina / Thomas A. Birkland
  • Environmental right-to-know and the transmutations of law / Kim Fortun
  • Reintegration, or, the explosive remnants of war / Peter Redfield, Edward B. Rackley.
This book evaluates the impact of catastrophic events on social institutions. From 9/11 to Katrina, from Darfur to the Minnesota bridge collapse, ours is an 'age of catastrophe'. In this era, catastrophic events seem to have a revelatory quality: they offer powerful reminders of the fragility of our social and institutional architectures, making painfully evident vulnerabilities in our social organization that were otherwise invisible. By disrupting the operation of fundamental mechanisms and infrastructures of the social order, they lay bare the conditions that make our sense of normalcy possible. At a time when societies are directing an unprecedented level of resources and ingenuity to anticipating and mitigating catastrophic events, "Catastrophe: Law, Politics, and the Humanitarian Impulse" examines the tests that catastrophe poses to politics and humanitarianism as well as to the law. It explores legal, political, and humanitarian responses during times when the sudden, discontinuous, and disastrous event has become, perhaps paradoxically, a structural component of our political imagination. It asks whether law, politics, and humanitarianism live up to the tests posed by disaster, and the role all of them play in creating a more resilient world. Taken together the essays in this book ask us to see through and beyond the myths that surround catastrophe and our responses to it. They ask us to rethink our understanding of catastrophe and to imagine new legal, political, and humanitarian responses.
(source: Nielsen Book Data)9781558497382 20160528
Law Library (Crown)
Book
xii, 325 p.
Book
xii, 325 p. : ill. ; 24 cm.
  • Acknowledgments xi Chapter 1: Mercy, Clemency, and Capital Punishment 1 The Illinois Story Chapter 2: Capital Clemency in the Twentieth Century 33 Putting Illinois in Context Chapter 3: The Jurisprudence of Clemency 69 What Place for Mercy? Chapter 4: Governing Clemency 94 From Redemption to Retribution Chapter 5: Clemency without Mercy 116 George Ryan's Dilemma Chapter 6: Conclusion 143 On Mercy and Its Risks Appendix A: George Ryan: 163 "I Must Act" Appendix B: Capital Clemency, 1900-2004 181 Commutations by State Appendix C: Chronology of Capital Clemency, 1900-2004 189 Commutations by Governor Notes 259 Index 317.
  • (source: Nielsen Book Data)9780691121406 20160528
On January 11, 2003, Illinois Governor George Ryan - a Republican on record as saying that "some crimes are so horrendous ...that society has a right to demand the ultimate penalty" - commuted the capital sentences of all 167 prisoners on his state's death row. Critics demonized Ryan. For opponents of capital punishment, however, Ryan became an instant hero whose decision was seen as a signal moment in the "new abolitionist" politics to end killing by the state. In this compelling and timely work, Austin Sarat provides the first book-length work on executive clemency. He turns our focus from questions of guilt and innocence to the very meaning of mercy.Starting from Ryan's controversial decision, "Mercy on Trial" uses the lens of executive clemency in capital cases to discuss the fraught condition of mercy in American political life. Most pointedly, Sarat argues that mercy itself is on trial. Although it has always had a problematic position as a form of "lawful lawlessness, " it has come under much more intense popular pressure and criticism in recent decades. This has yielded a radical decline in the use of the power of chief executives to stop executions. From the history of capital clemency in the twentieth century to surrounding legal controversies and philosophical debates about when (if ever) mercy should be extended, Sarat examines the issue comprehensively. In the end, he acknowledges the risks associated with mercy - but, he argues, those risks are worth taking.
(source: Nielsen Book Data)9780691121406 20160528
Law Library (Crown)
Book
xii, 324 p. : ill. ; 24 cm.
  • Acknowledgments ix Chapter 1 Introduction: "If Timothy McVeigh Doesn't Deserve to Die, Who Does?" 3 PART ONE State Killing and the Politic of Vengeance 31 Chapter 2 The Return of Revenge: Hearing the Voice of the Victim in Capital Trials 33 Chapter 3 Killing Me Softly: Capital Punishment and the Technologies for Taking Life 60 PART TWO State Killing in the Legal Proce 85 Chapter 4 Capital Trials and the Ordinary World of State Killing 87 Chapter 5 The Role of the Jury in the Killing State 126 Chapter 6 Narrative Strategy and Death Penalty Advocacy: Attempting to Save the Condemned 158 PART THREE The Cultural Life of Capital Punishment 185 Chapter 7 To See or Not To See: On Televising Executions 187 Chapter 8 State Killing in Popular Culture: Responsibility and Representation in Dead Man Walking, Last Dance, and The Green Mile 209 Chapter 9 Conclusion: Toward New Abolitionism 246 Notes 261 Index 315.
  • (source: Nielsen Book Data)9780691007267 20160528
Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book. Austin Sarat seeks to change the therms of that debate. Capital punishment must be stopped. Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bomging in Oklahoma City. Aided by a series of unsetting color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking. The Lost Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.
(source: Nielsen Book Data)9780691007267 20160528
Law Library (Crown)
Book
xii, 324 p., [8] p. of plates : col. ill. ; 25 cm.
  • Acknowledgments ix Chapter 1 Introduction: "If Timothy McVeigh Doesn't Deserve to Die, Who Does?" 3 PART ONE State Killing and the Politic of Vengeance 31 Chapter 2 The Return of Revenge: Hearing the Voice of the Victim in Capital Trials 33 Chapter 3 Killing Me Softly: Capital Punishment and the Technologies for Taking Life 60 PART TWO State Killing in the Legal Proce 85 Chapter 4 Capital Trials and the Ordinary World of State Killing 87 Chapter 5 The Role of the Jury in the Killing State 126 Chapter 6 Narrative Strategy and Death Penalty Advocacy: Attempting to Save the Condemned 158 PART THREE The Cultural Life of Capital Punishment 185 Chapter 7 To See or Not To See: On Televising Executions 187 Chapter 8 State Killing in Popular Culture: Responsibility and Representation in Dead Man Walking, Last Dance, and The Green Mile 209 Chapter 9 Conclusion: Toward New Abolitionism 246 Notes 261 Index 315.
  • (source: Nielsen Book Data)9780691007267 20160528
Is capital punishment just? Does it deter people from murder? What is the risk that we will execute innocent people? These are the usual questions at the heart of the increasingly heated debate about capital punishment in America. In this bold and impassioned book. Austin Sarat seeks to change the therms of that debate. Capital punishment must be stopped. Sarat argues, because it undermines our democratic society. Sarat unflinchingly exposes us to the realities of state killing. He examines its foundations in ideas about revenge and retribution. He takes us inside the courtroom of a capital trial, interviews jurors and lawyers who make decisions about life and death, and assesses the arguments swirling around Timothy McVeigh and his trial for the bomging in Oklahoma City. Aided by a series of unsetting color photographs, he traces Americans' evolving quest for new methods of execution, and explores the place of capital punishment in popular culture by examining such films as Dead Man Walking. The Lost Dance, and The Green Mile. Sarat argues that state executions, once used by monarchs as symbolic displays of power, gained acceptance among Americans as a sign of the people's sovereignty. Yet today when the state kills, it does so in a bureaucratic procedure hidden from view and for which no one in particular takes responsibility. He uncovers the forces that sustain America's killing culture, including overheated political rhetoric, racial prejudice, and the desire for a world without moral ambiguity. Capital punishment, Sarat shows, ultimately leaves Americans more divided, hostile, indifferent to life's complexities, and much further from solving the nation's ills. In short, it leaves us with an impoverished democracy. The book's powerful and sobering conclusions point to a new abolitionist politics, in which capital punishment should be banned not only on ethical grounds but also for what it does to Americans and what we cherish.
(source: Nielsen Book Data)9780691007267 20160528
Green Library
Book
xii, 191 p. ; 24 cm.
Book
xii, 191 p. ; 25 cm.
Law Library (Crown)
Book
xi, 179 pages ; 24 cm
  • Introduction: Starting to think about finality in capital cases / Austin Sarat
  • Finality and the capital/non-capital punishment divide / Carissa Byrne Hessick
  • Following finality : why capital punishment is collapsing under its own weight / Corinna Barrett Lain
  • The time it takes to die and the "death" of the death penalty : untimely meditations on the end of capital punishment in the United States / Jennifer l. Culbert
  • Grand finality : post-conviction prosecutors and capital punishment / Daniel S. Medwed
  • Existential finality : dark empathy, retribution, and the decline of capital punishment in the United States / Daniel LaChance
  • Afterword: Death and the state / Jenny Carroll.
Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.
(source: Nielsen Book Data)9781107155480 20170821
Law Library (Crown)
Book
1 online resource : digital, PDF file(s).
  • Introduction: starting to think about finality in capital cases Austin Sarat-- 1. Finality and the capital/non-capital punishment divide Carissa Byrne Hessick-- 2. Following finality: why capital punishment is collapsing under its own weight Corinna Barrett Lain-- 3. The time it takes to die and the 'death' of the death penalty: untimely meditations on the end of capital punishment in the United States Jennifer L. Culbert-- 4. Grand finality: post-conviction prosecutors and capital punishment Daniel S. Medwed-- 5. Existential finality: dark empathy, retribution, and the decline of capital punishment in the United States Daniel LaChance-- Afterword: death and the state Jenny Carroll.
  • (source: Nielsen Book Data)9781107155480 20170508
Final Judgments: The Death Penalty in American Law and Culture explores the significance and meaning of finality in capital cases. Questions addressed in this book include: how are concerns about finality reflected in the motivations and behavior of participants in the death penalty system? How does an awareness of finality shape the experience of the death penalty for those condemned to die as well as for capital punishment's public audience? What is the meaning of time in capital cases? What are the relative weights according to finality versus the need for error correction in legal and political debates? And, how does the meaning of finality differ in capital and non-capital (LWOP) cases? Each chapter examines the idea of finality as a legal, political, and cultural fact. Final Judgments deploys various theories and perspectives to explore the death penalty's finality.
(source: Nielsen Book Data)9781107155480 20170508
Book
1 online resource (150 pages) : digital, PDF file(s).
  • Introduction: human rights in American law and politics Austin Sarat-- 1. Human rights, solitary confinement, and youth justice in the United States Cynthia Soohoo-- 2. The story of environmental justice and race in the United States: international human rights and equal environmental protection Erika George-- 3. Incorporation, federalism, and international human rights David Sloss-- 4. Why do international human rights matter in American decision-making? Stephen A. Simon-- Afterword: instrumental human rights William Brewbaker.
  • (source: Nielsen Book Data)9781107198302 20171127
Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries is an area of much study and debate. Focusing on the significance of human rights in American law and politics, this book seeks to understand when, where, and how American law recognizes and responds to claims made in the name of human rights. How are they used by social movements as they advance rights claims? When are human rights claims accommodated and resisted? Do particular kinds of human rights claims have greater resonance domestically than others? What cultural and psychological factors impede the development of a human rights culture in the United States? This is an exciting and engaging volume that will appeal to a broad range of scholars, practitioners, and students interested in the study of human rights.
(source: Nielsen Book Data)9781107198302 20171127
Book
1 online resource (158 pages) : digital, PDF file(s).
  • The relevance of rhetoric: an introduction Austin Sarat-- 1. From 'equality before the law' to 'separate but equal': legal rhetoric, legal history and Roberts v. Boston (1849) Eric Slauter-- 2. The civlizing hand of law: defending the legal process in the civil rights era Christopher W. Schmidt-- 3. The evolving rhetoric of gay rights and same-sex marriage debate Teresa Godwin Phelps-- 4. The rhetoric of precedent Bernadette Meyler-- 5. Alternative perspectives on legal rhetoric: persuasion, invitation and argument Linda L. Berger-- Afterword. Use your words: rhetoric as absence of law, rhetoric as essence of law Adam Steinman.
  • (source: Nielsen Book Data)9781107155503 20160823
Over the last several decades legal scholars have plumbed law's rhetorical life. Scholars have done so under various rubrics, with law and literature being among the most fruitful venues for the exploration of law's rhetoric and the way rhetoric shapes law. Today, new approaches are shaping this exploration. Among the most important of these approaches is the turn toward history and toward what might be called an 'embedded' analysis of rhetoric in law. Historical and embedded approaches locate that analysis in particular contexts, seeking to draw our attention to how the rhetorical dimensions of legal life works in those contexts. Rhetorical Processes and Legal Judgments seeks to advance that mode of analysis and also to contribute to the understanding of the rhetorical structure of judicial arguments and opinions.
(source: Nielsen Book Data)9781107155503 20160823

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