Chapter 1 : Reichman, Ravit Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is Professor of Law, Jurisprudence & Social Thought, Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence & Social Thought, Amherst College. Edited by Austin Sarat, Catherine O. Frank, Matthew Anderson Teaching Law and Literature This volume provides a resource for teachers interested in learning about the field of law and literture and shows how to bring its insights to bear in their classrooms, both in the liberal arts and in law schools. Who Deserves to Die? Examining Constitutional Functionality University of Massachusetts Press Austin Sarat When Law Fails Reveals the dramatic consequences as well as the daily realities of breakdowns in the laws ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. The empirical focus of these essays enables the reader to delve into both the history and the theoretical complexities of the pain-death-law relationships. This volume will fundamentally alter the terms of the debate about the right to live or die. 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 his bold and impassioned book, Austin Sarat seeks to change the terms of that debate. In this book, a group of leading interdisciplinary legal scholars seeks to map the inexorable but unstable relationships of law to violence. In this fascinating collection, leading law and society scholars argaue that the study of law raises basic moral, philosophical, and political questions. They offer provocative ideas about where and how law should fit into a liberal arts education. This book is essential reading for anyone seeking a new perspective on liberal arts education or the possibilities of education in the law. Dissent in Dangerous Times examines the role of political opposition in our times, the nature of political repression in liberal societies, the political and legal implications of fear, and how past generations responded to similar situations. It is also a reminder of the fragility and enduring power of freedom, and will inspire readers to think about, and beyond, September 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. Most pointedly, Sarat argues that mercy itself is on trial. 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 mercyâ but, he argues, those risks are worth taking. Comparative Perspectives How does the way we think and feel about the world around us affect the existence and administration of the death penalty? What role does capital punishment play in defining our political and cultural identity? After centuries during which capital punishment was a normal and self-evident part of criminal punishment, it has now taken on a life of its own in various arenas far beyond the limits of the penal sphere. Reading, Healing, and Making Law Cultural Sitings Trauma and Memory explores different dimensions of trauma, both its relationship to the social sphere and to group identity, in order to open up new approaches to trauma from a healing perspective. Trauma and Memory reflects the ways in which, over the last several decades, a growing interest in the social and cultural contexts of law and medicine has transformed the study of both these professions. The authors provide new readings of social and political phenomenaâ such as immigration, public health, gender discrimination, and transitional justiceâ in terms of trauma. Finally, they address the therapeutic dimensions of trauma and their relationship to reconciliation via alternative processes such as mediation, truth committees, and other new forms of justice. Such questions are useful for a continued and vital debate about how, and to Page 1
what extent, these powers should be used at all. From Lynch Mobs to the Killing State: This is a must read for anyone who cares about fairness in application of the death penalty and respect for the rule of law in our modern society. The professors astutely note that the death penalty is often used as a club to keep poor and desperate minorities in line in the larger white society. Stanford University Press Austin Sarat and Stuart Scheingold The Cultural Lives of Cause Lawyers This book seeks to illuminate what we call the cultural lives of cause lawyers by examining their representation in various popular media including film, fiction, mass-marketed non-fiction, television, and journalism, the work they do as creators of cultural products, and the way those representations and products are received and consumed by various audiences. By attending to media representations and the culture work done by cause lawyers, we can see what material is available for citizens and others to use in fashioning understandings of those lawyers. This book also provides a vehicle for determining whether, how, and to what extent cause lawyering is embedded in the discourses and symbolic practice around which ordinary citizens organize their understanding of social, political, and legal life. This book brings together research on the legal profession with work that takes up the analysis of popular culture. Contributors to this work include scholars of popular culture who turn their attention to cause lawyers and experts on cause lawyering who in turn focus their attention on popular culture. This is a joining of perspectives that is both long overdue and fruitful for both kinds of scholarship. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions. It presents to the reader a witty and often engaging group of literary essays that dissect various guises of how law and catastrophe interpenetrate. There has never been a more urgent need for such a work on catastrophe and law. Indeed, this very act of reassertion is revealed to be the basis of legal authority itself. This book is a must read for any scholar interested in seeing the performance of law when its veneer of total control and stability have been stripped away. The result is a rich and innovative look at the routines of truth seeking and fact finding. The authors reveal that the establishment and organized use of legal facts is varied, historical, and amenable to a rich and diverse set of methods of inquiry. Indeed, the authors expand well beyond simple categories of law and religion to explore the more interesting and novel nuances of laws of the sacred and the sacrilization of law. Exploring topics as diverse as Islamic legal theory, the U. At a time when power relentlessly promotes a generic version of the rule of law as a mandatory salvation for all peoples and places, The Place of Law offers a vital rejoinder. The essays range from the Stalinist Soviet Union to the scientific laboratory, from the Internet to the nation-state and back; they explore why places and metaphors of places seem to matter so much to law, and how new structures of freedom may produce new forms of control. Mass-mediated images are as powerful, pervasive, and important as are other early twenty-first-century social forcesâ e. Yet scholars have only recently begun to examine how law works in this new arena and to explore the consequences of the representation of law in the moving image. Law on the Screen advances our understanding of the connection between law and film by analyzing them as narrative forms, examining film for its jurisprudential contentâ that is, its ways of critiquing the present legal world and imagining an alternative oneâ and expanding studies of the representation of law in film to include questions of reception. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force. Stanford University Press Page 2
Chapter 2 : The Place of Law Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College. Martha Merrill Umphrey is Associate Professor of Law, Jurisprudence, and Social Thought at Amherst College. He has written, co-written, or edited more than fifty books in the fields of law and political science. Professor Sarat received a B. D from the University of Wisconsin-Madison in and, respectively. He also received a J. His most recent book, Gruesome Spectacles: His earlier book, Mercy On Trial: Due to his extensive knowledge on this subject, he was widely consulted by the popular media during the coverage of the Stanley Williams execution in His research more broadly studies the intersection of law and culture and the ways in which law may be said to be socially organized. Naming, Blaming, Claiming," Publications[ edit ] Gruesome Spectacles: Accommodation and its Limits. Legal Problems, Legal Possibilities. Cambridge University Press, Transitions: When Law Meets Popular Culture. University of Alabama Press, Options for Teaching: Prosecuting the Bush Administration, with Nasser Hussain. Cambridge University Press, Law and the Humanities: New York University Press. Making Sense of Miscarriages of Justice. Race and The Death Penalty in America, ed. Stanford University Press, Mercy on Trial: Stanford University Press, Law on the Screen, ed. Moving Beyond Legal Realism, ed. Time, Memory, and Change, ed. Capital Punishment and the American Condition. Page 3
Chapter 3 : Law and War - Stanford Scholarship Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey The Limits of Law. This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. Political scientist, lawyer, educator, writer, editor, and consultant. Amherst College, Amherst, MA, associate professor of political science to William Nelson Cromwell professor of jurisprudence and political science, â. Yale University, research associate, ; University of Wisconsin â Madison, senior staff civil litigation research project,, research associate, Member of staff of U. Visiting faculty member at numerous colleges and universities, including Yale University,,,, Johns Hopkins University,, University of Indiana,, Cornell University,, Georgetown Law Center,, Massachusetts Institute of Technology,, and Harvard University, Freeman San Francisco, CA, Editor, with Thomas R. Felstiner Divorce Lawyers and Their Clients: Editor, with Dana R. Villa Liberal Modernism and Democratic Individuality: Race, Law, and Culture: Reflections on Brown v. Editor, with Stuart Scheingold Cause Lawyering: Editor, with others Crossing Boundaries: Editor, with Bryant G. Garth How Does Law Matter? Editor Rose Blue and Corrine J. Editor The Killing State: When the State Kills: Editor, with Bryant Garth and Robert A. Editor Social Organization of Law: Scheingold Something to Believe In: Editor The Death Penalty: Editor, with Stuart A. Editor, with Charles J. From Lynch Mobs to the Killing State: Bedau and Chester M. Gardiner, Praeger, ; State Courts: Contributor to periodicals and professional journals, including Los Angeles Times and the American Prospect. Austin Sarat is a political science and law professor who has written and edited numerous books focusing on law and culture. Among his titles on the subject are The Killing State: What It Means to Stop an Execution. Sarat edited The Killing State, which contains essays discussing how capital punishment impacts society, everyday culture, and the workings of democracy. For example, a Publishers Weekly contributor wrote: In the process, he comments on various instances of clemency, including the incident of Illinois Governor George Ryan pardoning four death row inmates and commuting the sentences of death row inmates just prior to the end of his term. Sarat also explores such issues as the declining use of clemency due to political pressures and public controversy. A Harvard Law Review contributor noted that the author "provides an arresting account of mercy â that will engage readers on all sides of the debate. For example, the author served as coeditor with Stuart Scheingold of Cause Lawyering: Political Commitments and Professional Responsibilities. The book includes essays and articles by lawyers, political scientists, and sociologists about lawyers who align their professional careers with their own moral beliefs. Among the issues discussed are the kinds of people who become cause lawyers, how practices are organized, how cause lawyers use the law to bring about change, and cause lawyering in various counties throughout the world. Saffell in Perspectives on Political Science. Scheingold of Something to Believe In: Politics, Professionalism, and Cause Lawyering. The authors discuss how cause lawyers differ from conventional lawyers who view the law dispassionately. Ayoub, writing in the Chronicle of Higher Education, commented that the authors define "cause lawyering â [as] using legal skills to pursue ends and ideals that transcend client service," adding that cause lawyers place "moral and political commitments to the center of professional life. Structure and Agency in Legal Practice, Sarat and coeditor Scheingold present fourteen papers that explore how lawyers work for causes, where they work, how they make decisions, and how they impact society. Capital Punishment and the American Condition, p. Flemming, review of Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process, p. George Katab and the Practice of Politics, p. Slotnick, review of Race, Law, and Culture: Board of Education, p. Race and the Death Penalty in America, p. Ayoub, review of Something to Believe In: What It Means to Stop an Execution, p. Bienen, review of The Killing State: Capital Punishment in Law, Politics, and Culture, p. Logan, review of When the State Kills, p. National Journal, May 19,, Carl M. Cannon, review of When the State Kills, p. Perspectives on Political Science, summer,, Francis M. Wilhoit, review of Liberal Modernism and Democratic Individuality, Page 4
p. Saffell, review of Cause Lawyering, p. Structure and Agency in Legal Practice, p. Kaufman-Osborn, review of When the State Kills, p. Yale Law School Web site, http: Cite this article Pick a style below, and copy the text for your bibliography. Retrieved November 08, from Encyclopedia. Then, copy and paste the text into your bibliography or works cited list. Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia. Page 5
Chapter 4 : Martha Merrill Umphrey Martha Merrill Umphrey Amherst College The Limits of Law (The Amherst Series in Law, Jurisprudence, and Social Thought) [Austin Sarat, Lawrence Douglas, Martha Merrill Umphrey] on theinnatdunvilla.com *FREE* shipping on qualifying offers. Research Research Overview Ravit Reichman works on the 20th-century British novel; law and literature; modernism; literary theory; psychoanalysis; literature and the emotions; narrative and memory; and literary responses to war. Jessica Berman Wiley-Blackwell, Counterfactuals and the Tone of Dissent. The Role of Judges, Lawyers, and Citizens, ed. Austin Sarat Cambridge University Press, Reading the Supreme Court with Joseph Conrad. Austin Sarat, Cathrine O. Frank, and Matthew Anderson New York: The Modern Language Association of America, Constructing the Executable Subject, eds. The Cautious Imagination," Subjects of Responsibility: Framing Personhood in Modern Bureaucracies, eds. The Affective Life of Law: Republished in States of Violence: War, Capital Punishment, and Letting Die, ed. Austin Sarat and Jennifer Culbert Cambridge: Toward a Critique of Guilt: Perspectives from Law and the Humanities The Trifles of Legal Pleasure. The Colonial Subject of Law. A Review of International English Literature Law, Literature, Postcoloniality January-April Woolf and the Lesson of Torts. The Strange Character of Law. On the Unknowable and Representation. Chapter 5 : Law and War Edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey Terrorism and the Limits of Law: A View From Transitional Justice. Laura Dickinson - - In Lawrence Douglas, Austin Sarat & Martha Merrill Umphrey (eds.), The Limits of Law. Stanford University Press. Chapter 6 : Austin Sarat - Wikipedia Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. Lawrence Douglas is James J. Grosfeld Professor of Law, Jurisprudence, and Social Thought at Amherst College. Chapter 7 : Law and War : Martha Merrill Umphrey : Law as Punishment / Law as Regulation. Austin Sarat, Lawrence Douglas and Martha Merrill Umphrey, editors Stanford, CA: Stanford University Press, p. Reviewer: Ana Aliverti May This book is a collection of essays examining the relationship between regulation and punishment from different perspectives. Chapter 8 : Law and War (ebook) by Austin Sarat At the limits of law / Lawrence Douglas, Austin Sarat, and Martha Merrill Umphrey --Terrorism and the limits of law: a view from transitional justice / Laura Dickinson --Legalism and its discontents: the case of reparations for Black Americans / John Torpey --The dilemma of legality and the moral limits of law / David Dyzenhaus --The. Chapter 9 : Lives in the Law The Limits of Law, ed. with Lawrence Douglas and Martha Umphrey. Stanford University Press, ; Law on the Screen, ed. with Lawrence Douglas and Martha Umphrey. Stanford University Press, ; Dissent in Dangerous Times ed., University of Michigan Press, ; Something to Believe In: Politics, Professionalism, and Cause Lawyers, with Stuart Scheingold. Page 6