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S TA N F O R D U N I V E R S I T Y P R E S S

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TABLE OF CONTENTS

Law and Society ...................... 2-3


Law and Culture .......................... 4
Constitutional Law ................. 4-5
Law and Politics........................ 6-7
Criminology................................. 8-9
Also of Interest ..............................9
Intellectual Property ............ 9-10
International and
Comparative Law......................... 11
Exam Copy Policy.......................??

O RDER ING
Use code S21LAW to receive Identity Capitalists Birthing a Movement
a 20% discount on all ISBNs
The Powerful Insiders Who Exploit Midwives, Law, and the Politics
listed in this catalog.
Diversity to Maintain Inequality of Reproductive Care
Visit sup.org to order online. Visit
sup.org/help/orderingbyphone/ Nancy Leong Renée Ann Cramer
for information on phone In this groundbreaking book, Nancy Midwives in the United States live and
orders. Books not yet published Leong coins the term “identity work in a complex regulatory environ-
or temporarily out of stock will be
capitalist” to label the powerful ment directly resulting from state and
charged to your credit card when
they become available and are in
insiders who derive social and eco- medical intervention into women’s
the process of being shipped. nomic value from people of color, reproductive capacity. In Birthing a
women, LGBTQ people, the poor, Movement, Renée Ann Cramer draws
and other outgroups. She contends on over a decade of ethnographic
EXAMINATION COPY POLICY that the national preoccupation with and archival research to examine
Examination copies of select titles diversity has, counterintuitively, the interactions of law, politics, and
are available on sup.org. allowed identity capitalists to infil- activism surrounding midwifery.
trate the legal system, educational
To request one, find the book you Framed by gripping narratives from
are interested in and click Request
institutions, the workplace, and the
midwives across the country, she
Review/Desk/Examination Copy. media. Using examples from law
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actors. She also uncovers a dire
their clients engage in various forms of
dilemma for outgroup members:
sometimes-inconsistent mobilization
do they play along and let their
@stanfordpress to facilitate access to care, autonomy
identity be used by others, or do
in childbirth, and the articulation of
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“A beautifully written narrative
“This book zeroes in on something weaving together passionate,
we’ve all experienced but no one sometimes harrowing stories from
before has named.” midwives, activists, and mothers.”
—Richard Ford,
author of Universal Rights —Eve Darian-Smith,
Down to Earth University of California, Irvine

240 pages, February 2021 288 pages, February 2021


9781503610132 Cloth $28.00  $22.40 sale 9781503614499 Paper $30.00  $24.00 sale

2 LAW AND SOCIETY


Tyranny of Greed Queer Alliances NOW IN PAPERBACK

Trump, Corruption, and the How Power Shapes Political Skimmed


Revolution to Come Movement Formation Breastfeeding, Race, and Injustice
Timothy K. Kuhner Erin Mayo-Adam Andrea Freeman
Democracy is being destroyed by Queer Alliances investigates coali- In 1946, Annie Mae Fultz, a Black-
an ancient evil and modernity is tion formation among LGBTQ, Cherokee woman, became the
in denial. In the Tyranny of Greed, immigrant, and labor rights activists mother of America’s first surviving
Timothy K. Kuhner reveals the in the United States, revealing how set of identical quadruplets. Their
United States to be a government these new alliances impact the inner White doctor sold the rights to use
by and for the wealthy, with workings of each respective political the sisters for marketing purposes
Trump—the spirit of infinite movement. Mayo-Adam examines to the highest-bidding formula
greed—at its helm. Taking readers the extent to which grassroots groups company. The girls lived in poverty,
on a tour through evolutionary bridged historic divisions based on while Pet Milk’s profits from a
biology, psychology, and biblical race, gender, class, and immigration previously untapped market of
sources, Kuhner explores how status through the development of Black families skyrocketed.
democracy emerged from religious coalitions around LGBTQ rights in Today, baby formula is a seventy-
and revolutionary awakenings. He Washington State and immigrant and billion-dollar industry and Black
argues that to overcome Trump’s migrant rights in Arizona. Detailed, mothers have the lowest breastfeed-
regime and establish real democ- in-depth interviews center local, ing rates in the country. Skimmed
racy, we must reconnect with that coalition-based mobilization across tells the riveting story of the Fultz
radical heritage. Our political and within multiple movements quadruplets while uncovering how
tradition demands a revolution rather than national campaigns and feeding America’s youngest citizens
against corruption. court cases. Mayo-Adam examines is awash in social, legal, and
the extent to which these coalitions cultural inequalities.
represent and serve intersectionally
marginalized communities— “This urgent book reveals the deadly
200 pages, August 2020 groups that are often absent within consequences of a health crisis that
9781503608504 Paper $14.00  $11.20 sale implicates race, gender, economic,
contemporary accounts of social food, and reproductive justice.”
movement formation.
—Dorothy Roberts,
“A must-read for anyone interested author of Killing the Black Body
in twenty-first century rights 304 pages, May 2021
formation and the future of the 9781503628960 Paper $20.00  $16.00 sale
LGBTQ movement.”
—Susan Burgess,
Ohio University
240 pages, July 2020
9781503612792 Paper $26.00  $20.80 sale

LAW AND SOCIETY 3


Dirty Works The Subject of Human Rights A Constitution for the Living
Obscenity on Trial in America’s Edited by Danielle Celermajer and Imagining How Five Generations
First Sexual Revolution Alexandre Lefebvre of Americans Would Rewrite the
Brett Gary Nation’s Fundamental Law
The Subject of Human Rights is
At the turn of the twentieth century, the first book to systematically Beau Breslin
the United States was experiencing address the “human” part of “hu- “The earth belongs...to the living,
an awakening. Victorian-era morality man rights.” Drawing on the finest the dead have neither powers nor
was being challenged by the intro- thinking in political theory, cultural rights over it.” These famous words
duction of sexual modernism and studies, history, law, anthropology, reflect Thomas Jefferson’s lifelong
women’s rights into popular culture, and literary studies, this volume belief that each generation ought to
the arts, and science. Dirty Works examines how human rights—as write its own Constitution. According
focuses on a series of significant discourse, law, and practice—shape to Jefferson each generation should
courtroom cases—all represented how we understand humanity and take an active role in endorsing,
by Morris L. Ernst. Over the course human beings. It asks how the renouncing, or changing the nation’s
of his remarkable career, Ernst humanness that the human rights fundamental law. History tells us
defended well-known European and idea seeks to protect and promote that Jefferson’s voice went unheeded.
American literati and sexual activists, is experienced. It suggests ways But what if he had prevailed? In A
among them Margaret Sanger, James in which we might reimagine Constitution for the Living, Beau
Joyce, and Alfred Kinsey. These cases the relationship between human Breslin reimagines American
provided courts with a powerful rights and subjectivity with a view history to answer that question.
body of precedents that recognized to benefitting human rights and By tracing the story from the 1787
women’s reproductive rights, and subjects alike. Constitutional Convention up to the
the legitimacy of sexual inquiry. The present, Breslin presents an engag-
legacy of this important, but largely “An indispensable rethinking of ing and insightful narrative account
unrecognized, moment in American the field of contemporary human of historical figures and how they
rights studies.”
history must be reckoned with, as might have shaped their particular
—James Loeffler,
many of the issues Ernst and his University of Virginia generation’s Constitution. This
colleagues defended are still under STANFORD STUDIES IN
book is, above all, a call for a more
attack today. HUMAN RIGHTS engaged American public at a time
“Well-researched and beautifully 336 pages, September 2020 when change seems close at hand, if
9781503613713 Paper $30.00  $24.00 sale we dare to imagine it.
written. Gary provides a compelling
account of the struggles over censor- “A fascinating work of counterfactual
ship, sex, and morality in an age of history.”
explosive change.” —Sanford Levinson,
—Janice Radway, coauthor of Fault Lines in
Northwestern University the Constitution
464 pages, August 2021 384 pages, April 2021
9781503627598 Cloth $35.00  $28.00 sale 9780804776707 Cloth $28.00  $22.40 sale

4 LAW AND CULTURE CONSTITUTIONAL LAW


The Specter of Dictatorship NOW IN PAPERBACK NOW IN PAPERBACK

Judicial Enabling of Our Non-Christian Nation The Cult of the Constitution


Presidential Power How Atheists, Satanists, Pagans, Mary Anne Franks
David M. Driesen and Others Are Demanding Their Winner of the 2020 PROSE Award in
Rightful Place in Public Life Legal Studies, sponsored by the As-
In The Specter of Dictatorship, David sociation of American Publishers
Driesen analyzes the chief executive’s Jay Wexler
The Cult of the Constitution reveals
role in the democratic decline Non-Christians have increasingly
how deep fundamentalist strains in
of Hungary, Poland, and Turkey been demanding their full par-
both conservative and liberal Ameri-
and argues that an insufficiently ticipation in public life, bringing
can thought keeps the Constitution in
constrained presidency is one of the their arguments all the way to the
the service of white male supremacy.
most important systemic threats to Supreme Court. Wexler travels the
democracy. Driesen urges the U.S. country to engage non-Christians Franks shows that as religious funda-
to learn from the mistakes of these who have called on us to maintain mentalists read their sacred scriptures,
failing democracies. Their experi- our ideals of inclusivity and constitutional fundamentalists read
ences suggest, Driesen shows, that diversity. With his characteristic the Constitution selectively and
the Court must eschew its reliance on sympathy and humor, Wexler self-servingly. The worship of guns,
and expansion of the “unitary execu- introduces us to these determined speech, and the Internet in the name
tive theory” recently endorsed by the champions of free religious expres- of the Constitution has blurred the
Court and apply a less deferential sion, and shows how anyone who boundaries between conduct and
approach to presidential authority, cares about pluralism, equality, speech and between veneration and
invoked to protect national security and fairness must support a public violence. The Cult of the Constitution
and combat emergencies, than it has square filled with a variety of lays bare the dark, antidemocratic
in recent years. Ultimately, Driesen religious and non-religious voices. consequences of constitutional
argues that concern about loss of The stakes are nothing short of fundamentalism and urges readers
democracy should play a major role long-term social peace. to take the Constitution seriously,
in the Court’s jurisprudence, because not selectively.
“Timely, trenchant, and tremen-
loss of democracy can prove irrevers- dously engaging, Our Non-Christian “Uncompromisingly critical, Franks
ible. As autocracy spreads throughout Nation is essential reading for anyone challenges both liberal and conservative
the world, maintaining our democ- interested in understanding the views of the Bill of Rights in the name
racy has become an urgent matter. contemporary battles over religion’s of equality...agree or disagree with
role in our national politics Franks’s conclusions, her arguments
“A book for our troubled times.” and culture.” require attention.”
—Richard Albert, —Phil Zuckerman, —Rebecca Tushnet,
The University of Texas at Austin author of Living the Secular Life Harvard Law School
STANFORD STUDIES IN LAW AND
POLITICS
272 pages, September 2020
216 pages, October 2020 9781503614987 Paper $20.00  $16.00 sale
272 pages, July 2021
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CONSTITUTIONAL LAW 5
Crossing Unauthorized Love Pursuing Citizenship in
How We Label and React Mixed-Citizenship Couples the Enforcement Era
to People on the Move Negotiating Intimacy, I
Ming Hsu Chen
Rebecca Hamlin mmigration, and the State
Pursuing Citizenship in the Enforcement
Today, the concept of “the refugee” Jane López Era examines the everyday perspec-
as distinct from other migrants For mixed-citizenship couples, tives of immigrants trying to integrate
looms large. Immigration laws have getting married is the easy part. into American society when immigra-
developed to reinforce a dichotomy The US Supreme Court has con- tion policy is focused on enforcement
between those viewed as voluntary, firmed the universal civil right to and exclusion. The law says that
often economically motivated, marry, guaranteeing every couple’s everyone who is not a citizen is an
migrants who can be legitimately ability to wed. But the Supreme alien, but Ming Hsu Chen argues that
excluded by potential host states, Court has denied that this right to the citizen/alien binary should be
and those viewed as forced, often marriage includes married couples’ reframed as a spectrum of citizenship,
politically motivated, refugees who right to life, liberty, and the pursuit of emphasizing continuities between the
should be let in. In Crossing, Rebecca happiness on US soil, creating a chal- otherwise distinct experiences of
Hamlin argues against advocacy lenge for mixed-citizenship couples membership and belonging for
positions that cling to this distinc- whose individual-level rights do not immigrants seeking citizenship. Bring-
tion. Drawing on cases of various
translate to family-level protections. ing together theories of citizenship
“border crises” across Europe,
In Unauthorized Love, Jane López with empirical data on integration
North America, South America, and
offers a comprehensive, critical look and analysis of contemporary policy,
the Middle East, Hamlin outlines
at US family reunification law and its Chen argues that formal citizenship
major inconsistencies and faulty
consequences as experienced by 56 matters more than ever during times
assumptions on which the binary
relies. The migrant/refugee binary mixed-citizenship American couples. of enforcement and that constructing
is not just an innocuous shorthand. These couples’ stories—of integration pathways to citizenship that enhance
In truth, the binary is a dangerous and alienation, of opportunity and both formal and substantive equality
legal fiction, politically constructed inequality, of hope and despair— of immigrants.
with the ultimate goal of making make tangible the consequences of “As much critique as corrective vision,
harsh border control measures more current US immigration laws that Ming Chen’s powerful book brings us
ethically palatable to the public. tend to favor Whiteness, wealth, revelatory conversations with immi-
and heteronormativity, as well as grants seeking to become citizens.”
“This is essential reading for anyone the individual rather than the family —Ian F. Haney López,
eager for a pathbreaking and surely University of California, Berkeley
influential perspective on migration unit, in awarding membership and
in the twenty-first century.” official belonging. 232 pages, August 2020
9781503612754 Paper $28.00  $22.40 sale
—Hiroshi Motomura, 264 pages, November 2021
UCLA School of Law 9781503629721 Paper $26.00  $20.80 sale
224 pages, May 2021
9781503627871 Paper $25.00  $20.00 sale

6 LAW AND POLITICS


Migranthood Court of Injustice Women as War Criminals
Youth in a New Era of Deportation Law Without Recognition in Gender, Agency, and Justice
Lauren Heidbrink U.S. Immigration Izabela Steflja and
Migranthood chronicles deportation J.C. Salyer Jessica Trisko Darden
from the perspectives of Indigenous Court of Injustice reveals how Women war criminals are far more
youth who migrate unaccompanied immigration lawyers work to common than we think. From the
from Guatemala to Mexico and achieve just results for their clients Holocaust to ethnic cleansing in the
the U.S. In communities of origin, in a system that has long denigrated Balkans to the Rwandan genocide,
zones of transit in Mexico, detention the rights of those they serve. J.C. women have perpetrated heinous
centers in the U.S., government Salyer’s ethnography specifically crimes. Few have been punished.
facilities receiving returned children investigates immigration enforce- These women’s very existence goes
in Guatemala, and communities ment in New York City, following against our assumptions about war
of return, young people share how individual migrants, their lawyers, and about women as peaceful and
they negotiate everyday violence and and the NGOs that serve them innocent, and these biases in turn
discrimination, how they and their into the immigration courtrooms prevent postconflict justice systems
families prioritize limited resources that decide their cases. Combining from assigning women blame. Women
and make difficult decisions, and anthropological and legal analysis, as War Criminals argues that women
how young people develop and Salyer demonstrates the economic, are just as capable as men of commit-
sustain relationships over time and historical, political, and social ting war crimes and crimes against
space. Lauren Heidbrink uncovers elements that go into constructing humanity. And women are uniquely
the transnational effects of the inequity under law for millions of adept at using gender instrumen-
securitized responses to migration non-citizens who live and work tally to fight for better conditions and
management and development on in the U.S. Salyer provides a new reduced sentences when war ends. The
individuals and families, across space, perspective to the study of migration book presents the postconflict legal
citizenship status, and generation. by focusing specifically on the laws, cases of four women—the President
“A must-read for anyone who cares courts, and people involved in U.S. (Biljana Plavšić), the Minister (Pauline
about migrant youth, and a wake-up immigration law. Nyiramasuhuko), the Soldier (Lynndie
call for policymakers recycling failed England), and the Student (Hoda
“This book is a unique, essential,
immigration and development policies.” urgent read for anyone who cares about Muthana)—whose identity influenced
—Victoria Sanford, City immigration and immigrants today.” their treatment by legal systems.
University of New York Justice, Steflja and Trisko Darden
—Cecilia Menjívar,
240 pages, April 2020 University of California, Los Angeles show, is not blind to gender.
9781503612075 Paper $25.00  $20.00 sale
216 pages, June 2020
9781503612488 Paper $26.00  $20.80 sale

180 pages, September 2020


9781503613430 Paper $14.00  $11.20 sale

LAW AND POLITICS 7


Conviction Policing Bodies Panic City
The Making and Unmaking Law, Sex Work, and Desire Crime and the Fear Industries
of the Violent Brain in Johannesburg in Johannesburg
Oliver Rollins I. India Thusi Martin J. Murray
Biological explanations for violence Sex work occupies a legally grey Despite the end of white minority rule
have existed for centuries, as has space in Johannesburg, South and the transition to parliamentary
criticism of this kind of deterministic Africa, and police attitudes democracy, Johannesburg remains
science, haunted by a long history of towards it are inconsistent and haunted by its history of racial
horrific abuse. Yet, this program has largely unregulated. As I. India segregation. Under these circumstances,
endured because of, and not despite, Thusi argues in Policing Bodies, this Johannesburg has become one of the
its notorious legacy. Today’s scientists results in, both, room for negotia- most dangerous cities in the world,
propose a nature and nurture, bio- tion that can benefit sex workers, as where the yawning gap between the
logical and social, stance that allows well as extreme precarity in which ‘haves’ and ‘have-nots’ has fueled a
them to avoid the pitfalls of the past. the security police officers provide turn toward redistribution through
In Conviction Oliver Rollins cautions can be offered and taken away crime. While wealthy residents have
against this optimism, arguing that at a moment’s notice. Sex work retreated into heavily fortified gated
the way these categories are imagined straddles the line between formal communities and upscale security
belies a dangerous continuity between and informal. Attitudes about estates, the less affluent have sought
past and present. beauty and subjective value are refuge in retrofitting their private
manifest in informal tasks, including homes into safe houses, closing
Rollins focuses on an often-ignored off public streets, and hiring the
strand of research, the neuroscience police activities, which are often
services of private security companies
of violence, which he argues became conducted in a seemingly ad hoc
to protect their suburban neighbor-
a key player in the larger conversation manner. However, high-level
hoods. Panic City is an exploration
about the biological origins of crimi- organizational directives intended
of urban fear and its impact on the
nal, violent behavior. Rollins warns of to regulate police obligations also
city’s evolving siege architecture,
the potentially devastating effects of influence police action and tilt the
the transformation of policing, and
a science that promises to “predict” exercise of discretion to the formal. obsession with security that has fueled
criminals in a world that already Challenging discourses about unprecedented private consumption
understands violence largely through sexuality and gender that inform of ‘protection services.’
a politic of inequality. its regulation, Thusi exposes the
limitations of dominant feminist “A must-read for all those who want
“An essential contribution to our to know how the future policing of
understanding of the promises and arguments regarding the legal
urban space in our dualized societies
pitfalls of biosocial science.” treatment of sex work. might look.”
—Dorothy Roberts, 248 pages, December 2021 —Lieven De Cauter,
author of Fatal Invention author ofThe Capsular Civilization
9781503629745 Paper $28.00  $22.40 sale
248 pages, July 2021 392 pages, March 2020
9781503627895 Paper $25.00  $20.00 sale 9781503611269 Paper $30.00  $24.00 sale

8 CRIMINOLOGY MERIDIAN: CROSSING


AESTHETICS
Trading Life Rocking Qualitative The Color of Creatorship
Organ Trafficking, Illicit Social Science Intellectual Property, Race,
Networks, and Exploitation An Irreverent Guide to and the Making of Americans
Seán Columb Rigorous Research Anjali Vats
Drawing on the experiences of Ashley T. Rubin The Color of Creatorship examines
African migrants, Trading Life brings Unlike other athletes, the rock how copyright, trademark, and
together five years of fieldwork climber tends to disregard estab- patent discourses work together to
charting the development of the lished norms of style and technique, form American ideals around race,
organ trade from an informal doing whatever she needs to do to citizenship, and property.
economic activity into a structured get to the next foothold. This figure Working through key moments in
criminal network operating within provides an apt analogy for the intellectual property history since
and between Egypt, Libya, Sudan, scholar at the center of this unique 1790, Anjali Vats reveals that even
Eritrea, and Europe. Ground-level book. In Rocking Qualitative Social as they have seemingly evolved,
analysis provides new insight into the Science, Ashley Rubin provides an
American understandings of who
operation of organ trading networks entertaining treatise, corrective
is a creator and who is an infringer
and the impact of current legal and vision, and rigorously informative
have remained remarkably racially
policy measures in response to the guidebook for qualitative research
conservative and consistent over
organ trade. Columb reveals how methods that have long been
time. Vats argues that once anti-
investing financial and administra- dismissed in deference to traditional
scientific methods. Recognizing racist activists grapple with the
tive resources into law enforcement underlying racial structures of
and border securitization at the the steep challenges facing many,
especially junior, social science intellectual property law, they can
expense of social services has led to better advocate for strategies that
the convergence of illicit smuggling scholars who struggle to adapt their
research models to narrowly defined resist the underlying drivers of
and organ trading networks in the racially disparate copyright, patent,
informal economy and the devel- notions of “right,” Rubin argues
that properly nourished qualitative and trademark policy.
opment of organized crime.
research can generate important, “Anjali Vats elevates the conversation
“A compelling and powerful look at creative, and even paradigm-shifting to important new registers, including
how law generates violence.” insights. This book is designed concerns of equitable distribution
—Audrey Macklin, to help people conduct good and post-racial identity claims.”
University of Toronto
qualitative research, talk about —Jessica Silbey,
224 pages, July 2020 Northeastern University
their research, and evaluate other
9781503612556 Paper $28.00  $22.40 sale 296 pages, September 2020
scholars’ work. Ultimately, this book
9781503610958 Paper $28.00  $22.40 sale
argues that rigorous research can be
anything but rigid.
328 pages, August 2021
9781503628236 Paper $28.00  $22.40 sale

ALSO OF INTEREST INTELLECTUAL 9


PROPERTY
Copy This Book! Digital Pirates #HumanRights
What Data Tells Us about Policing Intellectual Property The Technologies and Politics
Copyright and the Public Good in Brazil of Justice Claims in Practice
Paul J. Heald Alexander Sebastian Dent Ronald Niezen
In Copy This Book!, Paul J. Heald Digital Pirates examines the #HumanRights examines how
draws on a vast knowledge of unauthorized creation, distribution, new technologies interact with
copyright scholarship and a deep and consumption of movies and older models of rights claiming
sense of irony to explain what’s gone music in Brazil. Alexander and communication, influencing
wrong with copyright in the twenty- Sebastian Dent offers a new defini- and reshaping the modern-day
first century. Distilling extensive tion of piracy as indispensable pursuit of justice.
empirical data to clearly show the to current capitalism alongside
implications of copyright laws and Ronald Niezen argues that the
increasing global enforcement
doctrine for public welfare, he illus- impacts of information technologies
of intellectual property (IP).
trates his findings with lighthearted on human rights are not found in an
Complex and capricious laws may
references to familiar (and obscure) exclusive focus on sophisticated data
prohibit it, but piracy has become
works and their creators. Among management, but in considering
a core activity of the twenty-first-
the questions he tackles: How does how these technologies interact
century. Combining the tools of
copyright deter composers from with other, “traditional” forms of
linguistic and cultural anthropology
writing new songs? Why are so media to produce new avenues of
with models from media studies
many famous photographs unpro- expression, public sympathy, redress
and political economy, Digital
tected orphans, and how does Getty of grievances, and sources of the
Pirates reveals how the dynamics
Images get away with licensing self. #HumanRights paints a striking
of IP and piracy serve as strategies
them? What can the use of music panoramic picture of the contest
for managing the gaps between
in movies tell us about the proper between authoritarianism and the
texts—in this case, digital content.
length of the copyright term? How new tools people use to bring the
do publishers get away with claiming “Dent moves fluidly between theo- powerful to account.
rights in public domain works and retical and empirical registers to
weave a rich account of lived “A critical issue, and book, worthy
extracting unmerited royalties from of very close attention.”
experience in Brazil that illuminates
the public? This book equips read-
global cultural change.” —John and Jean Comaroff,
ers with the tools for judging past Harvard University
—Joe Karaganis,
and future copyright law. Columbia University STANFORD STUDIES IN HUMAN RIGHTS

“This book is so engaging and sensible. 208 pages, July 2020 280 pages, July 2020
9781503612976 Paper $26.00  $20.80 sale 9781503612631 Paper $28.00  $22.40 sale
This will sound ridiculous, but I
can’t put it down.”
—Saul Levmore,
University of Chicago
200 pages, November 2020
9781503614307 Paper $24.00  $19.20 sale

10 INTELLECTUAL PROPERTY
A History of False Hope Imagining the International The Legacy of Pluralism
Investigative Commissions Crime, Justice, and the Promise The Continental Jurisprudence
in Palestine of Community of Santi Romano, Carl Schmitt,
Lori Allen Nesam McMillan and Costantino Mortati
This book offers a provocative Imagining the International inter- Mariano Croce and
retelling of Palestinian political his- rogates mainstream understandings of Marco Goldoni
tory through an examination of the international crime and international How should the state face the
international commissions that have justice to tease out their ethical limits challenge of radical pluralism?
investigated political violence and and possibilities. Through an analysis How can constitutional orders be
human rights violations. Drawing of archival and contemporary data, the changed when they prove unable
on debates in the press, previously book provides a sustained picture of to regulate society? Santi Romano,
unexamined UN reports, historical how ideas about international crime Carl Schmitt, and Costantino
archives, and ethnographic and justice are given content and the Mortati, the leading figures of
research, Allen explores six key global interrelations they enable and Continental legal institutionalism,
investigative commissions over the foreclose. Nesam McMillan argues that provided three responses that
last century. She highlights how dominant approaches to conceptual- deserve our full attention
Palestinians’ persistent demands for izing distinctly international crime and today. Mariano Croce and Marco
independence have been routinely international justice are problematic Goldoni introduce and analyze
translated into the numb language because they disconnect these phe- these three towering figures for
of reports and resolutions. These nomena from the everyday, fostering a modern audience. The Legacy
commissions, Allen argues, operat- distance between those who have of Pluralism explores the conver-
ing as technologies of liberal global experienced international crime and gences and divergences of these
governance, yield no justice—only those who have not. This book power- important jurists to take stock of
the oppressive status quo. A History fully underscores the importance of their ground-breaking analyses of
of False Hope issues a biting critique the ideas of international crime the origin of the legal order and to
of the captivating allure and cold and justice and their significant show how they can help us cope
impotence of international law. limits, cautioning against their with the current crisis of national
“Allen has produced a fascinating, continued valorization. constitutional systems.
engaging, and innovative scholarly “This book is a compelling call for “An indispensable book.”
assessment of how international inclusiveness and a powerful —John P. McCormick,
commissions have failed to exhortation for globality to University of Chicago
deliver political results to the transcend post-coloniality.” JURISTS: PROFILES IN
Palestinian people.” —Mark A. Drumbl, LEGAL THEORY
—Richard Falk Washington and Lee University 264 pages, August 2020
432 pages, December 2020 THE CULTURAL LIVES OF LAW 9781503612112 Cloth $70.00  $56.00 sale
9781503614185 Paper $30.00  $24.00 sale 224 pages, September 2020
9781503612815 Paper $26.00  $20.80 sale

INTERNATIONAL AND COMPARATIVE LAW 11


S TA N F O R D U N I V E R S I T Y P R E S S
485 Broadway, First Floor, Redwood City, CA 94063-8460

20%  D I S C O U N T O N A L L T I T L E S

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