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 All Judges Table of Contents
Are Political— U.S. Law and Policy. . . . . . 2-4
Except When International and
They Are Not Comparative Law . . . . . . . . 5-7
Acceptable Hypo- Law and Crime. . . . . . . . . . . . 7-8
crisies and the
Rule of Law Law and Society. . . . . . . . 9-10
Keith J. Bybee Jurisprudence and
We live in an age where Legal History. . . . . . . . . . . . . . . . 11
one person’s judicial
“activist” legislating from
the bench is another’s Examination Copy Policy . . . 3
impartial arbiter fairly interpreting the law. After the Ordering. . . . . . . . . . . . . . . . . . . . . 10
2 Supreme Court ended the 2000 Presidential election
with its decision in Bush v. Gore, many critics claimed
that the justices had simply voted their political pref- 20% discount
erences. But Justice Clarence Thomas, among many on all titles
others, disagreed and insisted that the Court had acted
according to legal principle, stating: “I plead with you,
Use promo code:
that, whatever you do, don’t try to apply the rules of S11Law
the political world to this institution; they do not apply.”

www.sup.org
“Between costly partisan judicial elections and a Su-
preme Court that appears frozen in an ideological
5-4 split, there has never been a more apt time to
answer conclusively the question of whether judges
are apolitical oracles or ideological politicians. Bybee’s
answer—they are both—sounds at first like a dis-
comfiting one. But in this fascinating book he shows
that the courts’ very survival in fact rests on the white
lie of this fundamental tension.”
—Dahlia Lithwick, Senior Editor, Slate.com

“Judicial authority is not in grave danger, at least in the

terms that some alarmists imagine. In conversation
with mainstream approaches to judicial practice, this
remarkably original work contends that law's deceits
sustain order and moderate conflict, all the while sus-
taining hierarchy. A major accomplishment.”
—Michael W. McCann, University of Washington

The Cultural Lives of Law

192 pp., 2010
9780804753128 Paper $19.95  $15.96 sale
9780804753111 Cloth $55.00  $44.00 sale

Cover photo: by Tim Green

U.S. Law and Policy

Examination
Copy Policy
Stanford University Press will
be glad to send you an ex-
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you wish to consider for
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Presidential
Prerogative
Imperial Power in
an Age of Terrorism
Michael A. Genovese
“This well-researched and
elegantly written manuscript
makes a significant contribu-
tion to understanding the
sources and limits of presiden-
tial power in the twenty-first
century. It combines historical
overview with contemporary
analysis to present a compre-
hensive study of the meaning
of prerogative power and its
application in the American
Presidency in an age of terror-
ism. It will contribute greatly
to our knowledge of the
underpinnings of presidential
authority.”
—Meena Bose,
Hofstra University
“Genovese provides an excellent
critique of all broad claims of
presidential prerogative, de-
molishing the argument that
there is some sort of basis for
prerogative powers within the
constitution itself. This book
deserves a wide reading.”
—J. David Fairbanks,
University of Houston
216 pp., 1 table, 2010
9780804762977 Paper $19.95  $15.96 sale
9780804762960 Cloth $55.00  $44.00 sale
Taking Local
Control 3
Immigration Policy
Activism in U.S. Cities
and States
Edited by Monica W.
Varsanyi
“This is the first collection to bring
together scholars from the full
spectrum of the social sciences
to consider the novel challenge
of state and local action relating
to immigration. The contributions
are refreshingly balanced, with
many recognizing the integrative
as well as exclusionary possibili-
ties of immigration policy making
on the ground. The breadth of
approaches represented here
will make this an invaluable re-
source for those interested in this
important subject. The book will
enhance our understanding of
the new landscapes of immigra-
tion federalism.”
—Peter Spiro,
Temple University Law School
Published in association with the Center for
Comparative Immigration Studies at the
University of California, San Diego
320 pp., 13 tables, 5 figures, 3 maps, 2010
9780804770279 Paper $24.95  $19.96 sale
9780804770262 Cloth $65.00  $52.00 sale
U.S. Law and Policy
 Privacy in Context
Technology, Policy,
4 and the Integrity of
Social Life
Helen Nissenbaum
“This book provides a refreshing,
contemporary look at informa-
tion privacy in the twenty-first
century. Nissenbaum persua-
sively argues that privacy must
be understood in its social
context, and she provides an
insightful and illuminating
account of how to do so. For
anyone considering the bur-
geoning problems of informa-
tion privacy, Privacy in Context is
essential reading.”
—Daniel J. Solove,
George Washington University
Law School and author of
Understanding Privacy
304 pp., 2009
9780804752374 Paper $24.95  $19.96 sale
9780804752367 Cloth $70.00  $56.00 sale
Harboring Data
Information Security,
Law, and the
Corporation
Edited by Andrea M.
Matwyshyn
368 pp., 3 tables, 1 figure, 2009
9780804760089 Cloth $39.95  $31.96 sale
U.S. Law and Policy
Virtual Freedom AVAILABLE IN MAY 2011
Net Neutrality and Pollution Limits
Free Speech in the and Polluters’
Internet Age Efforts to Comply
Dawn C. Nunziato The Role of Govern-
“Dawn Nunziato has written a ment Monitoring
first rate critique of the law’s and Enforcement
failure to address the ways in
which control of digital net-
Dietrich H. Earnhart and
works may threaten our speech Robert L. Glicksman
freedoms. With careful explica- 368 pp., 5 figures, 2011
tion of the First Amendment Paper $29.95  $23.96 sale
case law as it has developed Cloth $80.00  $64.00 sale
over the past century, Profes-
sor Nunziato makes a strong The Soul of
argument for changing the way Creativity
courts currently deal with free-
dom of expression in the digital
Forging a Moral
environment. This book will be Rights Law for the
of great value to anyone who is United States
interested in the First Amend-
Roberta Rosenthal Kwall
ment, media law, or cyberlaw
and is of relevance to anyone 272 pp., 2009
9780804763677 Paper $24.95  $19.96 sale
who uses the Internet.” 9780804756433 Cloth $70.00  $56.00 sale
—Ellen Goodman,
Rutgers University
Framing Equal
216 pp., 2009
9780804763851 Paper $22.95  $18.36 sale Opportunity
9780804755740 Cloth $65.00  $52.00 sale Law and the Politics
of School Finance
Reform
Michael Paris
336 pp., 2010
9780804763547 Paper $27.95  $22.36 sale
9780804763530 Cloth $75.00  $60.00 sale
Stanford Studies in Human Rights A series edited by Mark Goodale
Stones of Hope
How African Activists
Reclaim Human
Rights to Challenge
Global Poverty
Edited by Lucie E.
White and Jeremy
Perelman
Stones of Hope engages
with the work of remark-
able African advocates who
have broken out of the
conventional boundaries Localizing Trans- 5
of human rights practice to challenge radical poverty.
Through a sequence of case studies and interpretive es-
itional Justice
says, it illustrates how human rights can be harnessed to Interventions and
generate democratic institutional innovations. Ultimate-
Priorities after Mass
ly, this book brings the reader down from the heights
Violence
of official human rights forums to the ground level of Edited by Rosalind Shaw
advocacy. It is a must-read for human rights advocates, and Lars Waldorf, with
Pierre Hazan
development practitioners, students, educators, and all
368 pp., 2010
others interested in an equitable global society. 9780804761505 Paper $27.95  $22.36 sale
9780804761499 Cloth $75.00  $60.00 sale
“This remarkably timed, methodologically innovative,
and illuminating collection of case studies and essays Judging War,
by leading activists and scholars in the socio-eco- Judging History
nomic rights field, demonstrates how human rights Behind Truth and
strategies can have a sustainable impact on the liveli- Reconciliation
hoods and well-being of the world’s most marginal- Pierre Hazan
ized people. The volume is a must-read for all of those
Translated by Sarah Meyer
interested in making rights real and working towards
de Stadelhofen
an ethical globalization.”
240 pp., 2010
—Mary Robinson, President of Realizing Rights: The Ethical Globalization
9780804769563 Paper $21.95  $17.56 sale
Initiative, former United Nations High Commissioner for Human Rights and
9780804769556 Cloth $60.00  $48.00 sale
President of the Republic of Ireland

“A breakthrough text. This important work profoundly Human Rights for

alters the way scholars and lawyers conceive of strate- the 21st Century
gies for economic and social rights practice.” Sovereignty, Civil
—Caroline Elkins, Harvard University, author of Imperial Reckoning: The Society, Culture
Untold Story of Britain's Gulag in Kenya
Helen M. Stacy
280 pp., 2010
280 pp., 2009
9780804769204 Paper $24.95  $19.96 sale 9780804760959 Paper $21.95  $17.56 sale
9780804769198 Cloth $70.00  $56.00 sale 9780804745390 Cloth $60.00  $48.00 sale

International and Comparative Law

 Between Law The Fog of Law Raising the
6 and Diplomacy Pragmatism, Security, Global Floor
The Social Contexts and International Law Dismantling the
of Disputing at Michael J. Glennon Myth That We
the World Trade “No defender of legal universal-
Can’t Afford Good
Organization ism can afford to ignore the Working Conditions
Joseph A. Conti challenge of this book.” for Everyone
—Pierre Hassner, Jody Heymann and
Between Law and Diplomacy Research Director Emeritus,
crafts an insider’s look at Sciences Po, Paris Alison Earle
international trade disputes at “Raising the Global Floor is
Copublished with the Woodrow Wilson
the World Trade Organization. Center Press among the most persuasive,
Drawing on interviews with 224 pp., 2010 eye-opening, and timely
trade lawyers, ambassadors, 9780804771757 Cloth $40.00  $32.00 sale books I’ve ever read. Every
trade delegations, and trade employer, activist, and policy
jurists, this book details how Bankrupt maker should read this re-
trade has become increasingly Global Lawmaking markable book!”
legalized and the implications
of that for power relations be-
and Systemic —John de Graaf,
Executive Director,
tween rich and poor countries. Financial Crisis Take Back Your Time

“Conti not only enables readers

Terence C. Halliday and 256 pp., 2009
to understand how practitio- Bruce G. Carruthers 9780804768900 Cloth $35.00  $28.00 sale
ners in the trade field operate, 536 pp., 9 tables, 2 figures, 2009
9780804760751 Paper $29.95  $23.96 sale new in paperback
but he also provides the big
picture, including potential 9780804760744 Cloth $90.00  $72.00 sale
Engaging the
lines of reform that would
make the WTO more legitimate The Common Law Law in China
and friendly to developing in Two Voices State, Society,
countries. More theoretically,
Language, Law, and and Possibilities
this inside look at daily deal-
the Postcolonial for Justice
ings with the WTO points to an
increasing legalization that will Dilemma in Edited by Neil J.
resonate with lawyers, political Hong Kong Diamant, Stanley B.
scientists, and sociologists.” Lubman, and Kevin J.
Kwai Hang Ng
—Bryant G. Garth, O’Brien
Southwestern Law School 352 pp., 5 tables, 2 figures, 3 illustrations, 2009
9780804761659 Paper $24.95  $19.96 sale 256 pp., 6 tables, 9 figures, 2005
264 pp., 3 tables, 4 figures, 2010 9780804761642 Cloth $70.00  $56.00 sale 9780804771801 Paper $22.95  $18.36 sale
9780804771436 Cloth $50.00  $40.00 sale

International and Comparative Law


AVAILABLE IN JUNE 2011
Law and Long-
Term Economic
Change
A Eurasian Perspective
Edited by Debin Ma and
Jan Luiten van Zanden
“Through fascinating country
narratives and comparative
analyses, the book brings non-
European legal systems and
historical experience into the
debate on the relationship
between law and economic
development.”
—Curtis J. Milhaupt,
Columbia Law School
368 pp., 6 tables, 7 figures, 2011
9780804772730 Cloth $65.00  $52.00 sale
AVAILABLE IN MAY 2011
Gender and Islam
in Africa
Rights, Sexuality,
and Law
Edited by Margot Badran
Copublished with the Woodrow
Wilson Center Press
336 pp., 2011
9780804774819 Cloth $60.00  $48.00 sale
International and Comparative Law | Law and Crime
Critical Perspectives on Crime and Law
A series edited by Markus Dubber
Knowledge
as Power
Criminal
Registration
and Community
Notification Laws
in America
Wayne A. Logan
“Provides critical analysis of
problems with popular criminal
registration and community
notification laws. Its compre-
hensive inquiry confirms that
legislation based on fear and
anger wastes valuable energy
and resources when contrasted
with a more rational approach.
This book credibly debunks the
myth that harsh reactionary
laws enhance public safety and
crime prevention.”
—Rafael E. Silva,
The Champion
312 pp., 2009
9780804761369 Paper $24.95  $19.96 sale
9780804757102 Cloth $70.00  $56.00 sale
7
Sunbelt Justice
Arizona and the
Transformation of
American Punishment
Mona Lynch
“Full of colorful characters who
do not hesitate to express their
devotion to discipline and to
express their resentment of
outsiders who meddle in their
institutions.... It effectively shows
that Arizona and the other new
states of the American South-
west were always more dubious
about rehabilitative approaches
to imprisonment than the North-
east and Midwest.”
—Doris Marie Provine,
The Law and Politics Book Review
280 pp., 2 tables, 1 figure, 12 illustrations, 2009
9780804762854 Paper $24.95  $19.96 sale
9780804762847 Cloth $70.00  $56.00 sale
Victims’ Rights and
Victims’ Wrongs
Comparative Liability
in Criminal Law
Vera Bergelson
248 pp., 2009
9780804755382 Cloth $50.00  $40.00 sale
 The Handbook
of Comparative
Criminal Law
Edited by Kevin Jon
Heller and Markus D.
Dubber
This handbook explores
criminal law systems from
around the world, with the
express aim of stimulating
comparison and discussion.
General principles of crimi-
nal liability receive prominent coverage in each essay— AVAILABLE IN MAY 2011
including discussions of rationales for punishment, the Criminals and
8 role and design of criminal codes, the general struc- Victims
ture of criminal liability, accounts of mens rea, and the W. David Allen
rights that criminal law is designed to protect—before
Criminals and Victims presents
the authors turn to more specific offenses like homicide, an economic analysis of deci-
theft, sexual offenses, victimless crimes, and terrorism. sions made by criminals and
victims of crime before, during,
This key reference covers all of the world’s major le- and after a crime or victimiza-
gal systems—common, civil, Asian, and Islamic law tion occurs. Its main purpose is
to illustrate how the application
traditions—with essays on sixteen countries on six dif-
of analytical tools from econom-
ferent continents. The introduction places each country ics can help us to understand
within traditional distinctions among legal systems and the causes and consequences
explores noteworthy similarities and differences among of criminal and victim choices,
aiding efforts to deter or reduce
the countries covered, providing an ideal entry into the
the consequences of crime. By
fascinating range of criminal law systems in use the examining these decisions along
world over. a logical timeline over which
crimes take place, we can begin
“The selection of countries for this handbook re- to think more clearly about how
ally provides an overview of criminal law systems policy effects change when it
is targeted at specific decisions
throughout the world and the book is definitely a within the body of a crime.
must have! It’s a real challenge to gather information
about criminal law in countries like Iran or China, and “Allen demonstrates how
economic theory can provide
such information makes this book especially valuable.” valuable insight into relatively
—Tatjana Hoernle, Ruhr-Universität Bochum understudied aspects of crimi-
nal and victim decision making,
“The tightly integrated chapters, by leading scholars offering clear examples of how
in their respective countries, invite us to ask why that theory can be empirically
countries are harmonizing their criminal law in some tested. He lays the foundation
respects, while preserving major differences in others.” of a new research agenda for so-
—Mark J. Osiel, University of Iowa cial scientists interested in crime.”
—Emily Owens,
672 pp., 2010 Cornell University
9780804757584 Cloth $90.00  $72.00 sale
324 pp., 14 tables, 2011
Cloth $55.00  $44.00 sale

Law and Crime


Law without
Nations
Edited by Austin Sarat,
Lawrence Douglas, and
Martha Merrill Umphrey
“There is a great deal of novelty
and insight in Law without Na-
tions. The essays push thinking on
the subject beyond simple trade-
offs between international and
national legal systems. The book
draws on a dazzlingly diverse
array of works and I find the in-
terconnection of the contributors’
arguments particularly engaging.”
—David Mednicoff,
University of Massachusetts
The Amherst Series in Law, Jurisprudence, and
Social Thought
256 pp., 2010
9780804771696 Cloth $65.00  $52.00 sale
Law and the
Stranger
Edited by Austin Sarat,
Lawrence Douglas, and
Martha Merrill Umphrey
“This is a brilliant and instructive
book on the role of the stranger
in law and culture. An amazing
achievement.”
—Nan Goodman,
University of Colorado at Boulder
The Amherst Series in Law, Jurisprudence, and
Social Thought
264 pp., 2010
9780804771542 Cloth $65.00  $52.00 sale
AVAILABLE IN APRIL 2011
Law in Many
Societies
A Reader
Edited by Lawrence
M. Friedman, Rogelio
Pérez-Perdomo, and
Manuel A. Gómez
This law and society reader
taps a rich and diverse
literature to compare and
contrast the legal experi-
ence of many different
cultures and nations. Drawing on a variety of meth-
odological approaches, the selections allow students 9
to evaluate whether there are general patterns that
explain how legal systems work (or fail to work) and
how these patterns relate to the structural and cultural
facts of society.
Every country, of course, has its own legal system, and
no two systems are the same. But in teaching law and
society, texts have focused nearly exclusively on Ameri-
can readings to the neglect of comparative and interna-
tional work. This reader fills an obvious gap. It recog-
nizes that law is increasingly global and cross-national,
and shows how law relates to society in different times
and places, the world over.
“This stimulating volume is a real winner. With smart
ideas, sharp editors, and top-rate scholarly contribu-
tions, it shines as an important contribution to the law
and society and comparative law literature.”
—Eric Feldman, University of Pennsylvania
“An exciting and unique cross-national collaboration
reflecting current global concerns and influences. Dis-
tinctive in its presentation of materials that highlight
law and society organizations, networks, and publica-
tions around the world, it promises to make a strong
impact within the United States and beyond.”
—David M. Engel, University at Buffalo, SUNY
368 pp., 2011
9780804763745 Paper $29.95  $23.96 sale
9780804763738 Cloth $80.00  $64.00 sale
Law and Society
 The Cultural Lives of Law

Ordering
A series edited by Austin Sarat

10
Riding the
Black Ram
Law, Literature,
and Gender
Susan Sage Heinzelman
“A solid resource for those inter-
ested in the rise of the novel,
gender studies, or literature of
the period.”
—V.A. Murrenus Pilmaier,
University of Wisconsin Sheboygan
“By bringing ‘law’ and ‘literature’
into dialogue under the sign
of ‘the feminine’, her new book
prosecutes a knock-down case
for a feminist literary jurispru-
dence with pure barristerial
brio. Step aside Stanley Fish,
Peter Goodrich and James
Boyd White: there’s a new law-
and-literrateuse abroad, and rid-
ing her black ram into the very
heart of cultural legal studies!”
—William P. MacNeil,
Griffith University
200 pp., 2010
9780804756808 Cloth $50.00  $40.00 sale
Tort, Custom,
and Karma
Globalization and
Legal Consciousness Between now and June 30,
in Thailand 2011, receive a 20% discount
David M. Engel and (sale price) on all cloth and
Jaruwan S. Engel paperback titles listed in this
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208 pp., 1 table, 3 figures, 14 illustrations, 800-621-2736
2010
9780804763820 Paper $21.95  $17.56 sale Phone orders are accepted
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Ruth A. Miller published or temporarily out of stock will be charged to

248 pp., 2009
9780804762564 Cloth $60.00  $48.00 sale
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Law and Society


AVAILABLE IN FEBRUARY 2011
Woman Lawyer
The Trials of
Clara Foltz
Barbara Babcock
Woman Lawyer tells the story
of Clara Foltz, the first woman
lawyer on the Pacific Coast and
one of the first in the country.
Famous in her time as a pub-
lic intellectual, leader of the
women’s movement, and legal
reformer, Foltz faced terrific
prejudice and well-organized
opposition to women lawyers
as she tried cases in front of
all-male juries, raised five
children as a single mother,
and stumped for political
candidates. The book uncovers
the legal reforms and societal
contributions of a woman cel-
ebrated in her day, but lost to
history until now.
“Unflinching in its assessment of
the temptations of demagogu-
ery to the pioneering Clara
Foltz, Barbara Babcock has
produced a compelling book
of enormous and enduring in-
sight into how even gifted and
visionary individuals navigate,
shape, and reflect political and
social contests.”
—Martha Minow,
Dean of Harvard Law School
448 pp., 13 figures, 2011
9780804743587 Cloth $45.00  $36.00 sale
Jurists: Profiles in
Legal Theory
A series edited by
William Twining
The Politics of
Trafficking
The First
11
International
Movement to AVAILABLE IN MAY 2011
Combat the Sexual Habermas
Exploitation of The Discourse Theory
Women of Law and Democracy
Stephanie A. Limoncelli
Hugh Baxter
The Politics of Trafficking
provides a unique look at the “A clear, well-judged, and cool
history of that first anti-traf- assessment of Jürgen Habermas
ficking movement, illuminat- and his debates with Niklas Luh-
ing the role gender, sexuality, mann, two giants of twentieth-
and national interests play in century social theory.”
international politics. —Tim Murphy,
The London School of Economics and
“Limoncelli provides a neces- Political Science
sary and enlightening history “A must read for all those inter-
for understanding the present ested in an exposition of Jürgen
world of women’s sex work Habermas’s fundamental contri-
and for thinking about the role bution to legal scholarship.”
transnational non-governmen- —David M. Rasmussen,
tal organizations play in making Boston College
policy in conjunction with
both states and the United Na- 360 pp., 2011
9780804769129 Cloth $60.00  $48.00 sale
tions. No one interested in the
fraught struggles over sex work
new in paperback
and trafficking can afford to
ignore this history.” Sir Edward
—Leila J. Rupp,
University of California,
Coke and the
Santa Barbara Elizabethan Age
232 pp., 4 tables, 2010 Allen D. Boyer
9780804762946 Cloth $39.95  $31.96 sale
344 pp., 2003
9780804776592 Paper $24.95  $19.96 sale
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