Case 5:14-cv-00905-HE Document 21 Filed 10/07/14 Page 1 of 42

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

(1.) The Oklahoma Observer, (2.) Arnold Hamilton, (3.) Guardian US, (4.) Katie Fretland,

Plaintiffs, Civil Case No. 14-905-HE -v- DECLARATION OF (1.) Robert Patton in his capacity as AUSTIN D. SARAT Director, Oklahoma Department of Corrections; (2.) Anita Trammell, in her capacity as Warden of the Oklahoma State Penitentiary,

Defendants.

I, Austin D. Sarat, declare as follows:

1. I am the Associate Dean of Faculty and William Nelson Cromwell Professor of

Jurisprudence and Political Science at Amherst College. My capital punishment

research focuses on race and fairness, the penological justifications for the death

penalty, the role of discretion in prosecutorial decisions and executive clemency, and

pain and its proper place in state-sponsored killing. In this declaration, I discuss key

findings and conclusions about public oversight over executions in America and the

role of “botched” executions, and reactions thereto, in efforts to modernize execution

methods and procedures. The information in this declaration is based upon my

personal knowledge and sources of the type on which researchers in my field regularly

rely. If called to testify, I could and would competently testify thereto.

Summary of Declaration

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2. My research shows that public and press oversight of the execution process is a

fundamental feature of the death penalty’s evolution in America. In particular, my

research allows me to conclude that publicity concerning “botched” executions—

where execution processes and timelines go awry, causing prolonged pain and agony

for the condemned—has contributed to the modernization of execution methods and

practices over time. My research also allows me to conclude that efforts to suppress

journalistic coverage of botched lethal injections undermine the public accountability

that has traditionally fueled this change. Based on these findings, I believe that

Oklahoma’s actions that curtailed and thereby influenced media accounts of Clayton

Lockett's execution on April 29, 2014, prevented the kind of public awareness of the

details of an execution that have historically contributed to changes to punishment

policy and protocols of death penalty methods.

Background and Qualifications

3. I received my Ph.D. in political science from the University of Wisconsin in 1973 and

my law degree from Yale Law School in 1988. I joined the faculty of Amherst

College in 1974 where I am now Associate Dean of the Faculty and William Nelson

Cromwell Professor of Jurisprudence and Political Science. I am also Hugo L. Black

Visiting Senior Scholar at the University of Alabama School of Law. A true and

correct copy of my resume is attached as Exhibit A to this declaration.

4. Over the past fifteen years, I have authored or edited numerous books on issues

relating to capital punishment, including Mercy on Trial: What It Means To Stop an

Execution (Princeton University Press, 2005); When the State Kills: Capital

Punishment and the American Condition (Princeton University Press, 2001); Who

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Deserves to Die, with Karl Shoemaker (University of Massachusetts Press, 2011); Is

the Death Penalty Dying?: European and American Perspectives, with Jürgen

Martschukat (Cambridge University Press, 2011); The Road to Abolition, with Charles

Ogletree (New York University Press, 2009); When Law Fails: Making Sense of

Miscarriages of Justice, with Charles Ogletree (New York University Press, 2009);

States of Violence: War, Capital Punishment, and Letting Die, with Jennifer Culbert

(Cambridge University Press, 2009); From Lynch Mobs to the Killing State: Race and

The Death Penalty in America, with Charles Ogletree (New York University Press,

2006); The Cultural Life of Capital Punishment: Comparative Perspectives, with

Christian Boulanger (Stanford University Press, 2005); and The Killing State: Capital

Punishment in Law, Politics, and Culture, (Oxford University Press, 1999).

5. In recent years, I have studied and written about trends in “botched” executions. This

year, I published Gruesome Spectacles: Botched Executions and America’s Death

Penalty (Stanford University Press, 2014), a history of botched executions in the

United States. This book represents the culmination of my studies and publications on

the subject of botched executions over the past four years. Those studies and

publications include: “Botched Executions and the Struggle to End Capital

Punishment: A Twentieth-Century Story,” with Katherine Blumstein, Aubrey Jones,

Madeline Sprung-Keyser, Heather Richard, and Robert Weaver, in Law & Social

Inquiry (2013); “Gruesome Spectacles: The Cultural Reception of Botched Executions

in America, 1890–1920,” with Aubrey Jones, Katherine Blumstein, Heather Richard,

Madelin Sprung-Keyser, and Robert Weaver, in British Journal of American Legal

Studies (2012); and “Gruesome Spectacles: Botched Executions and the Abolitionist

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Struggle in America,” with Aubrey Jones, Katherine Blumstein, Heather Richard,

Madeline Sprung-Keyser, and Robert Weaver, in Courrier de l'ACAT, la revue

chrétienne des droits de l'homme (2011).

6. Many of the source materials I rely on in my research are eyewitness accounts of

“botchings” published by journalists and reported in the popular press. Some of this

source material provided the bases upon which my conclusions herein rest.

Press Reports and Public Reactions to “Botched” Executions

7. As part of my ongoing research on capital punishment and botched executions, I have

studied newspaper coverage of “botchings” and the significance of that coverage in the

debate about various execution methods and procedures. I examined newspaper

coverage of every botched execution from 1890 to 2010. During the relevant period

on average, 3 percent of all executions in the United States were botched. Since the

widespread adoption of lethal injection in the United States, executions are now more

than twice as likely to be botched, with an average rate of 7 percent of lethal injections

botched.1

8. Historically, executions in the United States have been characterized by transparency

and public participation: The local sheriff typically served as executioner; scaffolds

were usually built anew in the town square or another public setting capable of

accommodating crowds. Surviving accounts by eyewitnesses tend to report favorably

on the spectacle of pain and suffering on the part of the condemned. After death, the

hanging rope and the wooden gallows frequently were cut up and given or sold to the

public as souvenirs.

1 Sarat, Gruesome Spectacles: Botched Executions and America’s Death Penalty, supra 1, at Appendix A.

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9. Throughout the nineteenth and twentieth centuries, the development of humanitarian

sentiment among the middle class and constant advances in the medical fields lessened

societal tolerance for pain in any circumstance, even during a judicially sanctioned

killing. Growing public unease with pain and suffering put pressure on states to seek

to remove the appearance of suffering and the spectacle of a violent death from the

execution process. Concurrently, the late nineteenth-century press was, for the first

time, capable of mass-produced reports of executions as a substitute for public

attendance. It is no exaggeration to say that the history of executions since the demise

of public hangings is, for the most part, a history of media witness accounts of

executions. Newspaper headlines from this period tell of a remarkable transformation

in America’s use of the death penalty.

10. Journalistic accounts of botched executions have played a central role in the

incremental modernization of killing methods through American history—from

hanging to electrocution, from the gas chamber to lethal injection—due to the

resulting pressure on policy makers charged with enforcing the penalty humanely.

While newspaper accounts have not historically fueled the debate about whether we

should retain the death penalty, they have highlighted the pain and indignity

associated with botched executions and in so doing have played a significant role in

public debate about the adequacy of particular methods of execution. However, to

the extent that corrections departments are moving increasingly towards a model of

secrecy and information control surrounding the lethal injection process, such secrecy

prevents a fully-informed public debate about lethal injection.

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Reports of “Botchings” and the Search for a More Humane Death Penalty

11. Today, as in the past, press reports about botched executions fuel the search for

increasingly humane and “modernized” methods of execution. Objective reporting

on the sights and sounds of botched executions have traditionally led to legislative or

administrative reforms that change or update the method of execution, such that the

death penalty generally remains responsive to public opinion. In the following

paragraphs, I describe how journalistic reporting of botched executions has

historically enabled policy makers to ensure that the death penalty keeps pace with

public opinion in America.

12. Throughout history, journalistic accounts of botched executions have focused on,

and lent themselves to efforts to modernize, the technological administration of the

death penalty in America.

13. At the end of the nineteenth century, newspaper coverage of botched hangings

played an important role in galvanizing public opposition to that method of

execution and in leading policymakers to advocate for the adoption of the electric

chair as a more humane killing method. In the late 1870s and early 1880s,

newspaper accounts of the gallows were growing evermore critical. Newspapers

published increasingly vivid, gruesome and sensationalist stories about botched

hangings. “The New York Times,” Craig Brandon argues, “which was far from the

worst exploiter of this trend, published fifty long and graphic descriptions of

hangings in 1882 and another forty-one in 1883.”2 These stories related the sights

and the sounds of hangings in such a way as to bring their readers to the very foot of

2 Craig Brandon, The Electric Chair: An Unnatural American History 32 (1999).

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the scaffold. In all of their melodrama, the articles underscored one central,

unavoidable truth about hangings: a significant percentage of them were botched.

14. In 1885, the newly elected Governor of New York, David Bennett-Hill, declared:

“The present mode of executing criminals by hanging has come down to us from the

dark ages.” “[I]t may well be questioned,” he added, “whether the science of the

present day cannot provide a means for taking the life of such as condemned to die

in a less barbarous manner.”3 He denounced hanging as “barbarous” and as a relic

of “the dark ages.”4 In this, Bennett-Hill reflected the beliefs of many citizens: that

the noose was outdated and gruesome, and that in the new age of science and

invention there must be a better alternative. He went on to call for the creation of a

commission to explore more modern instrumentalities of execution. Three years

later, the members of that commission said that the gallows “is the only piece of

machinery that has stood stock still in this era of progress. There it stands, the same

clumsy, inefficient, inhuman thing it was when it first lifted its ghastly framework

into the air of the dark ages.”5 The gallows soon disappeared from the Town Square,

and were replaced by electric chairs in death chambers on jailhouse grounds.

15. Just as the images of pain associated with botched hangings led, at least in part, to

the gallows’ demise, the suffering of prisoners who died in botched electrocutions

led to the phasing out of the electric chair in the early 2000s. This development is

particularly salient in a review of press reports from the state of Florida.

3 David B. Hill, Governor of New York, Initial Gubernatorial Address (1885), in Messages from the Governors: Comprising Executive Communications to the Legislature and Other Papers Relating to Legislation from the Organization of the First Colonial Assembly in 1683 to and Including the Year 1906 (Charles Z. Lincoln ed., 1909). 4 Id. 5 Brandon, supra note 1, at 54.

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Controversy surrounding electrocution came to a head in Florida with the botched

executions of Jesse Joseph Tafero in 1990, Pedro Medina in 1997, and Allen Lee

Davis in 1999.

16. In response to the botched electrocution of Allen Lee Davis, his defense attorney

was paraphrased in the St. Petersburg Times as claiming: “Corrections officials had

once again botched an execution by failing to deliver enough voltage needed to kill a

prisoner, especially one of Davis’ large size, quickly and painlessly.”6 Florida

officials unequivocally denied the allegation: “DOC spokesman Morris, while

declining to specify exact voltage levels, said corrections officers followed their

electrocution procedures ‘to the letter.’”7 Newspapers treated the Davis execution as

yet another chapter in the problematic history of Florida’s electric chair. In his own

analysis of the coverage of Davis’ botched execution, Chris Greer concludes: “Thus,

whilst most expressed horror at the barbarity of the spectacle, and many called for a

suspension of all further executions by electric chair, the vast majority of responses

were reported in a manner which criticized the technological administration of state

killing, but remained silent about its wider practice.”8

17. Abolitionists and proponents of the death penalty alike called on Florida to replace

its execution method. Florida death penalty proponents denounced electrocution as

an out-of-date, unreliable technology and called for its replacement by lethal

injection. As one judge observed, commenting on the continuing use of

electrocution in Florida, “other less cruel methods of execution are available; lethal

6 Sydney Freedberg, Bloody Execution Leads to Stay for 2nd Inmate, St. Petersburg Times. July 9, 1999, available at http://www.sptimes.com/News/70999/State/Bloody_execution_lead.shtml. 7 Id. 8 Chris Greer, Delivering Death: Capital Punishment, Botched Executions and the American News Media, in Captured by the Media: Prison Discourse in Popular Culture 84, 95 (Paul Mason ed., 2006).

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injection is readily available . . . and is generally considered more humane.”9 In a

similar vein, the Florida Corrections Commission recommended switching from

electrocution to lethal injection. It noted that, “Florida has an obligation to ensure

that modern technologies keep pace with the level of competence in this area, and,

just as changes have occurred in Florida’s past in carrying out the death penalty,

changes should again occur.”10 Several months after the Medina execution, Florida

enacted legislation providing that if “electrocution is held to be unconstitutional . . .

all persons sentenced to death for a capital crime shall be executed by lethal

injection.”11

18. Proponents of the death penalty advocated for the adoption of lethal injection as a

safer, more medically humane, and more “visually palatable” killing method. On

May 10, 1977, one year after the Supreme Court’s Gregg v. Georgia decision,

Oklahoma became the first state to authorize the use of lethal injection. Oklahoma’s

adoption of lethal injection resulted from the particular efforts of state

Representative Bill Wiseman and state Senator Bill Dawson to find an alternative to

the “inhumanity, visceral brutality, and cost” of the electric chair.12 Wiseman and

Dawson decided to leave the statutory language vague in order to accommodate the

development of new and better drug technologies in the future. Their legislation

contained no specific instructions regarding the types or amounts of drugs that

should be used in executions and no specifications regarding record-keeping or

9 Provenzano v. Moore, 744 So. 2d 413, 436 (Fla. 1999). 10 Id. at 436 (Shaw. J., dissenting). 11 Fla. Stat. § 922.105 (1999) (current version at Fla. Stat. Ann. § 922.105 (West)). 12 Brief for the Fordham University School of Law, Louis Stein Center for Law as Amicus Curiae Supporting Petitioners at 17, Baze v. Rees, 553 U.S. 35 (2009) (No. 07-5439), 2007 WL 3407041, at *17.

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reporting. In other words, the legislation provided for “no oversight of any kind.”13

The result was to delegate “to Oklahoma prison officials all critical decisions

regarding the implementation of lethal injection.” Across the country, supporters of

lethal injection applauded its ease of administration and claimed, in addition, that it

“appeared more humane and visually palatable relative to other methods.”14 It was

enough that lethal injection seemed a quicker, more humane and sterile method of

state killing.

Suppression of Press Reports of Botched Lethal Injection

20. Despite the effort to medicalize executions, the history of lethal injections has been

anything but smooth, sterile, and predictable. In fact, of the approximately one

thousand executions carried out from 1980 to 2010 by lethal injection, more than 7

percent were botched.15 Although less gruesome and dramatic perhaps than botched

hangings or electrocutions, the lethal injection process has had its own distinctive

mishaps. It is not uncommon for executioners to have trouble finding a vein into

which they can insert a line to deliver the lethal combination of drugs, especially in

overweight inmates or inmates with a history of drug abuse. The pain and suffering

of prisoners who die during botched executions has been dramatically reported in the

press. As with earlier killing methods, the image of a painless death by euthanasia is

disrupted when reporters observe a prisoner suffering during a botched injection.

13 Id. at 22, 2007 WL 3407041 at *22. 14 Deborah Denno, The Future of Execution Methods, in The Future of America’s Death Penalty, An Agenda for the Next Generation of Capital Punishment Research 483, 490 (Charles S. Lanier et al. eds., 2009). 15 Sarat, Gruesome Spectacles: Botched Executions and America’s Death Penalty, supra 1, at Appendix A.

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This is part of the traditional process by which states respond to public debate on the

death penalty’s administration.

21. The ability of state lawmakers, courts, and administrations to adapt lethal injection

procedures and protocols in response to botched executions depends entirely on the

ability of the press to publicly report on the details of each execution proceeding.

Conversely, restrictions on press and public access create a risk that state execution

methods will fail to keep pace with current moral standards.

22. Based on my historic review of the public reaction to execution methods in the

United States, I conclude that Oklahoma’s use of secrecy and information control

surrounding the execution process prevents the type of thorough and critical

journalism that has enabled policy makers to adapt the process and ensure it is

humanely administered. Specifically, I conclude that the department’s actions during

the aborted execution of Clayton Lockett on April 29, 2014, in dropping the viewing

curtain and cutting off access to the witness room, prevented the press and public

from accessing the kind of detailed information about the death penalty’s

administration that has historically fueled changes to policy or protocol.

23. On the basis of my research, I further conclude that Oklahoma’s failure to have a

policy preventing the ad hoc withdrawal of access to witness the execution process

undermines the state’s ability to provide assurance to the public that it will

competently perform an injection and minimize the risk of error in the next-

scheduled execution.

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I declare, pursuant to 28 U.s.c. §1746, under penalty of perjury under the laws of the United States, that tiw foregoing is true and correct to th’best of my knowIede and be’

n D. Sara? Date: flO (

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EXHIBIT A Case 5:14-cv-00905-HE Document 21 Filed 10/07/14 Page 14 of 42

Austin D. Sarat

Vita

CURRENT POSITION

Associate Dean of the Faculty, William Nelson Cromwell Professor of Jurisprudence and Political Science, Director, Mellon Project on Undergraduate Research in the Humanities and Social Sciences, and Director, Global Classroom Project Amherst College, Amherst, Massachusetts 01002 Telephone: (413) 542-2308/542-2318

EDUCATION

B.A. Providence College 1969 (Political Science) M.A. University of Wisconsin 1970 (Political Science) Ph.D. University of Wisconsin 1973 (Political Science) J.D. Yale Law School 1988

AMHERST COLLEGE ADMINISTRATIVE POSITIONS, COMMITTEE SERVICE, AND FUND RAISING EXPERIENCE

Administrative

Associate Dean of the Faculty, 2013- Senior Advisor to the Dean of the Faculty, 2007-2009 Director, Mellon Project on Student-Faculty Research, 2011- Director, Global Classroom Project, 2012- Chair, Department of Political Science (numerous times) Chair, Department of Law, Jurisprudence, and Social Thought (numerous times)

History of Committee Service:

Chair, Dean of Students Search Committee Chair, College Council

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Member, Humanities Center Planning Committee Member, Education and Athletics Ad Hoc Committee on MOOCs Chair, Future of the Humanities Working Group Chair, Working Group on the Sciences and Humanities Chair, Working Group on the Flipped Classroom Member, Faculty Lecture Committee Member, Long Range Planning Committee Member, Judicial Board and Discipline Committee Member, Student Fellowships Committee Member, Presidential Advisory Committee on the First Year Member, Committee on Expository Writing Chair, Ad Hoc Faculty Committee on Research and Scholarship Member, Committee on Admissions and Financial Aid Convener, Faculty Workshop Committee Member, Committee on Admissions and Financial Aid Chair, Colloquium on the Constitution and the Imagining of America

Fund Raising Experience:

Frequent Appearances Before Amherst Alumni Associations Frequent Appearances at Amherst Tables (small groups of substantial donors) Speaker for President’s Circle (donors of $1,000,000 or more) Alumni and Foundation Fund Raising for LJST

EMPLOYMENT HISTORY

Amherst College, 1974-(leave of absence 1976-1978) Assistant Professor, Department of Political Science, Yale University, 1976-77 Staff Social Scientist, Office for Improvements in the Administration of Justice, United States Department of Justice, 1977-78 Assistant Professor, Department of Political Science, Johns Hopkins University, 1977-78

Visiting Appointments

Justice Hugo L. Black Visiting Senior Faculty Scholar, School of Law, University of Alabama, 2007-2014 Visiting Professor, Department of Political Science, Yale University, Spring 2009 Visiting Professor, Yale Law School, Spring, 2007 Visiting Professor, School of Law, University of Alabama, January, 2007 Visiting Professor, School of Law, University of Virginia, Spring, 2010, Spring, 2008, Spring, 2006,

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The FIPSE Distinguished Visiting Professor of Punishment, Politics, and Society, Bard College, Fall, 2005 Visiting Professor, Committee on Degrees in Social Studies, Harvard University, Fall, 2007, Fall, 2006, Fall, 2004 Visiting Professor, Department of Government, Harvard University, Fall, 2007 Visiting Professor of Political Science, Massachusetts Institute of Technology, Spring, 2004; Fall, 2003; Fall, 2002 Visiting Lecturer, Yale Law School, Spring, 2008, Spring, 2003; Spring, 1996; Spring, 1993 Visiting Professor, Georgetown Law Center, Spring, 2002 Lecturer in Law, School of Law, University of Connecticut, Spring, 2006, Fall, 2001 Visiting Professor, UCLA Law School, Spring, 2001 Visiting Professor, Cornell Law School, Fall, 2000 O’Bryne Distinguished Visiting Professor of Law and Society, School of Law, University of Indiana, 1998-99

PROFESSIONAL ACTIVITIES AND HONORS (partial list)

Awards, Fellowships, and Grants

Ronald Pipkin Service Award, awarded annually to a Law and Society Association member who has demonstrated sustained and extraordinary service to the Association, 2014 Lasting Contribution Award, awarded by the American Political Science Association’s Section on Law and Courts “for a book or journal article, 10 years or older, that has made a lasting impression on the field of law and courts.” Recognizing "The Emergence of Transformation of Disputes: Naming, Blaming, Claiming," 2011 Best Books 2010, The Huffington Post for When Government Breaks the Law: Prosecuting the Bush Administration Hugo Adam Bedau Award, given to honor significant contributions to death penalty scholarship by the Massachusetts Coalition Against the Death Penalty, 2009. Stan Wheeler Prize. Awarded by the Law & Society Association, for distinguished teaching and mentoring of undergraduate, graduate, or professional students working on issues of law and society, 2009 Honorary Doctor of Law, Providence College, 2008. Awarded for being an “internationally renowned scholar of capital punishment and for pioneering work in the development of legal study in the liberal arts” Five Colleges 40th Anniversary Professor, 2006-2008 James Boyd White Prize, Awarded by the Association for the Study of Law, Culture, and the Humanities for “distinguished scholarly achievement” and in recognition of “outstanding and innovative” contributions to the humanistic study of law, 2006

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Reginald Heber Smith Book Award, Awarded by the National Equal Justice Library to “honor scholarship on the subject of equal access to justice” for Cause Lawyering: Political Commitments and Professional Responsibilities and Cause Lawyering and the State in a Global Era, 2004 Distinguished Alumnus, Liberal Arts Honors Program, Providence College, 2001. Harry Kalven Prize, Awarded by the Law & Society Association in recognition of a distinguished body of scholarly work that has contributed most effectively to the advancement of research in law and society, 1997 Co-recipient, Center for Public Resources 1989 Award for Excellence and Innovation in Alternative Dispute Resolution--Book Prize, for contribution to Quality of Dispute Resolution Symposium Issue (66 DENVER UNIVERSITY LAW REVIEW) National Science Foundation Research Grants, Law and Social Sciences Program, 1999, 1996, 1994, 1985, and 1981 Amherst College Faculty Research Grants, 2012, 2009, 2006, 2003, 2001, 1997, 1991, 1989, and 1987 Seelbach Fellow, University School, Cleveland, Ohio, April, 1996 Fellow in Ethics, Program on Ethics in the Professions, Harvard University, 1995-96(declined) Visiting Scholar, Baldy Center for Law & Social Policy, State University of New York at Buffalo, 1994 Keck Fellow, School of Law, University of California-Berkeley, March, 1992 Fellowship-Designate, Center for Advanced Study in the Behavioral Sciences (declined) Visiting Senior Research Fellow, American Bar Foundation, 1987-88 Visiting Fellow, Center for Sociolegal Studies, Oxford University, 1985-86 Karl Loewenstein Fellow in Political Science and Jurisprudence, 1985-86 National Endowment for the Humanities, Summer Stipends, 1985 and 1978 Russell Sage Fellowship in Law and Social Science, 1973-74, Yale Law School National Science Foundation, Dissertation Research Grant, 1972-73 Woodrow Wilson Fellow, 1969-70

Named Lectures

Albert Gallatin Lcture, New York University, October, 2014 Centennial Lecture, Chicago-Kent School of Law, April, 2012 Hon. Gordon A Martin, Jr Public Service Lecture, Roxbury Latin School, Spring, 2011 Aldrich Lecture, Albion College, October, 2009 Convocation Address, Providence College, September, 2007 Scholar-in-Residence Lecture, School of Law, Hofstra University, Spring, 2007 George J. Beto Distinguished Lecture, Sam Houston State University, Spring, 2007 Schwartz Lecturer, School of Law, Ohio State University, Spring, 2005 Henry Adams Lecturer, Collegiate School, New York, May, 2002 Henry Steele Commager Lecturer, Greenfield Community College, 2002

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Clason Lecturer, Western New England Law School, 1999 1998-99 Access to Justice Lecturer, Faculty of Law, University of Windsor Corry Lecturer, Queen’s University, Kingston, Canada, 1997 Butterworth Lecturer, Queen Mary and Westfield College, University of London, March, 1996 Braun Memorial Distinguished Lecture and Symposium, John Marshall Law School, 1996 Earl and Edna Stice Lecturer in Social Science, University of Washington, 1995

Editorial Positions

Journals

Editor, Law, Culture, and the Humanities, 2004- Editor, Studies in Law, Politics and Society, 2004- Editorial Board. The British Journal of American Legal Studies , 2011- Co-Editor, 1990-2004, North American Editor, Social and Legal Studies: An International Journal, 1992-1996 Associate Editor, Justice Quarterly, 1986-1988 Senior Editor, Yale Law Journal, 1987-88 Co-editor, Special Issue of Law/Text/Culture, 2001 Co-editor, Special Issue of Yale Journal of Law & the Humanities, “A New Legal Realism? Cultural Studies and Law,” 2001 Co-editor, Special Issue of Social and Legal Studies: An International Journal on Jurisprudence & Social Policy: Interdisciplinary Approaches in Sociolegal Scholarship, 1994 Co-editor, Special Issue of Social and Legal Studies: An International Journal on Power, Ethics & Justice, 1994 Co-editor, Special Issue of Law and Society Review on Law and Ideology, 1988

Book Series

Editor, Series on the Cultural Lives of Law, Stanford University Press, 2004- Princeton University Press,1999-2003 Co-editor, with Martha Minow and Elaine Scarry, Series on Law, Meaning and Violence, University of Michigan Press, 1991- Co-editor, with Lawrence Douglas and Martha Umphrey, Amherst Series on Law, Jurisprudence & Social Thought, Stanford University Press, 2004- , with Lawrence Douglas and Martha Umphrey, University of Michigan Press, 2001-2003; with Thomas Kearns, 1991-2001 Editor, Series on Law, Justice and Power, Dartmouth/Ashgate Press, 1998- General Editor, The International Library of Essays in Law and Society, Dartmouth/Ashgate, 2004-

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Co-editor, with Bryant Garth, Fundamental Issues in Law and Society, Northwestern University Press, 1998-1999 General Editor, Series on Crime, Justice & Punishment, Chelsea House Publishers, 1995-2002 Consulting Editor, Duxbury Press, 1978-80

Editorial Advisory Boards

Editorial Advisory Board, Edinburgh Critical Studies in Law, Literature and the Humanities, 2014- Editorial Board, British Journal of American Legal Studies, 2012- Editorial Board, Law & Culture, SSRN, 2006- International Editorial Advisory Committee, Series on Critical Approaches to Law, Glass House Press, 2005- Editorial Board, Law and Society Review, 2000-2003; 1995-99; 1977-78 Editorial Advisory Board, Yale Journal of Law & the Humanities, 1988- Editorial Board, Social and Legal Studies: An International Journal, 1996- Editorial Advisory Board, Insights on Law & Society, 2001-2003 Editorial Board, Balayi: Culture, Law and Colonialism, 2001- Editorial Advisory Board, Lexicon: A Journal of Law and Society, 2004- Editorial Advisory Board, Series on Rhetoric, Culture, and Social Critique, University of Alabama Press, 2000- Advisory Board, Encyclopedia of Law and Society: American and Global Perspectives, Sage Publications, 2000-2003 External Advisory Board, Northeastern University Press, 1993-2003 Editorial Board, Series on Philosophy, Social Theory, and the Rule of Law, University of California Press, 1999-2002

Professional Association Memberships and Activities

Law and Society Association, Member Since 1973

Offices Held

President, 1998-1999 President-Elect, 1997-1998 Past-President, 1999-2000 Secretary and Member of the Executive Committee of the Board of Trustees, 1993-1995 Executive Committee of the Board of Trustees, 1986-88 Board of Trustees, 1986-88, 1978-81

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Committee Service

Member, Committee on Endowment Expenditures, 2011-2012 Co-Chair, Program Committee for the Annual Meeting of the Law & Society Association, 2010 Co-Chair, Law and Society 40th Anniversary Development Campaign, 2003-2004 Co-Chair, Campaign Leadership Council, Chair, Committee on Development and External Relations, 2004-25, 1997-99 Member, Committee on Development and External Relations, 2002-04 Member, Advisory Board, LSA Minority Student Fellowships, 2004- Chair, Graduate Student Workshop Committee, 2000-2001 Member, Committee on Graduate Student Workshops, 2005, 1993, 1991 Chair, Organizing Committee for Law & Society Association Summer Institute in Sociolegal Studies, 1994-95. Member, Organizing Committee for Law & Society Association Summer Institute in Sociolegal Studies, 1992-1993. Chair, Program Committee for the Annual Meeting of the Law and Society Association, 1992 Member, Program Committee for the Annual Meeting of the Law and Society Association, 1996, 2003 Chair, Ad Hoc Committee on Development and External Relations, 1996-97 Chair, Ad Hoc Committee on Interdisciplinary Law Related Scholarly Associations, 1999-2000 Chair, Student Prize Committee, 1995-96 Chair, Committee on Education in Law and Society, 1985-1990 Chair, Local Arrangements 1981 Annual Meeting

Association for the Study of Law, Culture, and the Humanities, Member Since 1997

Founder, first established as Working Group on Law, Culture, and the Humanities

Offices Held

President, 2001-2004 Member, Organizing Committee of the Association, 2004- Chair, Organizing Committee for the Working Group on Law, Culture and the Humanities, 1997-2001 Chair, Program Committee, 2008 Member, Graduate Student Workshop Planning Committee, 2011-2012

Consortium of Undergraduate Law and Justice Programs, 2003-

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Offices Held

Board of Directors, 2003-2005 President, 2005-2007

American Political Science Association, Member Since 1973

Committee Service

Chair, C. Herman Pritchett Award Committee, 2002-03 Chair, American Judicature Society Prize Committee for the Best Paper Presented at the 1994 A.P.S.A. Meeting in the Field of Law and Courts, 1995 Chair, Corwin Award Committee, 1990 Member, Corwin Award Committee, 1981, 1987, 2005 tee on the Status of Public Law, Organized Section on Courts, Law and Judicial Process, American Political Science Association, 1989-1990

Other Professional Activities and Affiliations

Advisory Board, Life of the Law Project, Open Society Institute, 2012- Lecturer, One Day University, Spring 2012, Fall, 2012 International Advisory Board, Centre for Law and the Humanities, Birkbeck College, 2010- International Advisory Board, Socio-Legal Research Center, Griffiths University, Australia, 2010- Director, Summer Workshop on Law, Justice, and Morality, Springfield Public Schools, 2009, 2008, 2007 Director, National Endowment for the Humanities Summer Seminar for College Teachers, 2004, 2002, 1986 Director, National Endowment for the Humanities Summer Seminar for School Teachers, 2014, 2012 , 2011, 2010 , 2006, 2005, 2003, 2001, 2000, 1999, 1997, 1995 Member, Program Advisory Board of the Feinberg Institute for the Comparative Study of Human Value and Public Life, University of Massachusetts, 2003–2007 Co-chair, Colloquium on Cause Lawyering, Working Group on the Comparative Study of the Legal Profession, International Sociological Association, 1992- Social Science Research Council Committee on Ethnic Customs, Assimilation and American Law, 1998- American Bar Association, Public Education Advisory Commission, 2001-2003; Beyond Ethics Task Force, ABA Section on Litigation, 1995-1998; Task Force on Outreach to the Public, 1989 Consultant, Brennan Center Project on Legal Services, 2002-2003 President, AAUP, Amherst College, 1998-2000

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Convener, Bellagio Center Conference (Rockefeller Foundation) on Cause Lawyering and the State in Global Perspective, June, 1999 Advisory Board, Effective Lawyer-Client Communications: An International Project, 1998- Summer Seminar in Jurisprudence & Constitutional Theory, School of Law, New York University, July, 1994 Data Collection Discussion Group, Carnegie Commission Task Force on Science and Technology in Judicial and Regulatory Decision-Making, August, 1992 Member, Council for the Fund for Dispute Resolution, 1987-1991 Consultant, Porter, Morris, Arthur and Wright, Columbus, Ohio, 1984; Yankelovich, Skelley & White, 1980; Modern Media Institute, Ethics for Journalists, 1983-84; Vermont Law School Program on Dispute Resolution, 1983; Hampshire College Program in Civil Liberties and Public Policy, 1983; National Academy of Sciences, Committee on Law Enforcement and Criminal Justice, 1979 National Center for State Courts, 1977-78; Public Management Services, 1977-78; Law Enforcement Assistance Administration, 1977-78; Research Associate, Dispute Processing Research Program, University of Wisconsin, School of Law, 1981-83 Senior Staff, Civil Litigation Research Project, University of Wisconsin School of Law, 1979-81 Research Associate, Yale Studies in White Collar Crime, Yale Law School, 1976-81 National Advisory Commission on Small Claims Courts, 1976-77

PUBLICATIONS

Books:

Authored

Hollywood’s Law: Film, Fatherhood, and The Legal Imagination (advance contract, Oxford University Press) Gruesome Spectacles: Botched Executions and America’s Death Penalty (Stanford University Press, 2014) Mercy on Trial: What It Means To Stop an Execution (Princeton University Press, 2005) Something to Believe In: Politics, Professionalism, and Cause Lawyers, with Stuart Scheingold, (Stanford University Press, 2004) When the State Kills: Capital Punishment and the American Condition (Princeton University Press, 2001) Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process, with William Felstiner (New York: Oxford University Press, 1995)

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Sitting in Judgment: The Sentencing of White Collar Criminals, with Stan Wheeler and Ken Mann (New Haven: Yale University Press, 1988) The Policy Dilemma: Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-78, with Malcolm Feeley (Minneapolis: University of Minnesota Press, 1980) Civil Litigation Research Project, Final report to the National Institute of Justice, with David Trubek and others (1983)

Edited

Law and Lies ((Cambridge University Press, advance contract) Law’s Mistakes (under review) Trial Films on Trial (under review) Civility, Justice and the Limits of Law (Cambridge University Press, 2014) Law and Society Handbook, with Patricia Ewick (advance contract, Wiley) Civil Rights in the American Story (Cambridge University Press, 2014) Punishment in Popular Culture, with Charles Ogletree (forthcoming, NYU Press) Law and Mourning, with Lawrence Douglas and Martha Umphrey (under development for Stanford University Press) Law and the Utopian Imagination, with Lawrence Douglas and Martha Umphrey (Stanford University Press, 2014) Law and War with Lawrence Douglas and Martha Umphrey (Stanford University Press, 2014). The Punitive Imagination (forthcoming, University of Alabama Press, 2014) Knowing the Suffering of Others: Legal Perspectives on Pain and Its Meanings (University of Alabama Press, 2014) Re-imagining To Kill a Mockingbird: Family, Community, and the Possibility of Equal Justice under Law (University of Massachusetts Press, 2013) Legal Responses to Religious Practices in the United States: Accommodation and its Limits (Cambridge University Press, 2012) The Secrets of Law, with Lawrence Douglas and Martha Umphrey (Stanford University Press, 2012) Imaging New Legalities: Privacy and its Possibilities in the Twenty First Century, with Lawrence Douglas and Martha Umphrey (Stanford University Press, 2011) Life Without Parole: America’s New Death Penalty?, with Charles Ogletree (NYU Press, 2012) Dissenting Voices in American Society: the Role of Judges, Lawyers, and Citizens (Cambridge University Press, 2012)

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Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities (Cambridge University Press, 2011) Transitions: Legal Changes, Legal Meanings (University of Alabama Press, 2012) Who Deserves to Die, with Karl Shoemaker (University of Massachusetts Press, 2011) Imagining Legality: When Law Meets Popular Culture (University of Alabama Press., 2011) Options for Teaching: Teaching Literature and Law, Cathrine Frank and Matthew Anderson (Modern Language Association, 2011) Law as Punishment/Law as Regulation (Stanford University Press, 2011) Is the Death Penalty Dying?: European and American Perspectives (Cambridge University Press, 2011) Subjects of Responsibility (Fordham University Press, 2011) Law Without Nations (Stanford University Press, 2011) Performances of Violence, with Carleen Basler and Tom Dumm (University of Massachusetts Press, 2011) When Government Breaks the Law: Prosecuting the Bush Administration, with Nasser Hussain (New York University Press, 2010) Law and the Stranger (Stanford University Press, 2010) Speech and Silence in American Law (Cambridge University Press, 2010) Sovereignty, Emergency, Legality (Cambridge University Press, 2010) Law and the Humanities: An Introduction, with Cathrine Frank and Matthew Anderson (Cambridge University Press, 2009) The Road to Abolition, with Charles Ogletree (New York University Press, 2009) Crisis and Catastrophe: Political, Legal, and Humanitarian Responses, with Javier Lezaun (University of Massachusetts Press, 2009) When Law Fails: Making Sense of Miscarriages of Justice, with Charles Ogletree (New York University Press, 2009) States of Violence: War, Capital Punishment, and Letting Die, with Jennifer Culbert (Cambridge University Press, 2009) The Cultural Lives of Cause Lawyering, with Stuart Scheingold (Cambridge University Press, 2008) Trauma and Memory - Reading, Healing and Making Law, with Michal Alberstein and Nadav Davidovitch (Palo Alto: Stanford University Press, 2008) Law and Catastrophe, with Lawrence Douglas and Martha Umphrey (Stanford University Press, 2007) Forgiveness, Mercy, Clemency, with Nasser Hussain (Palo Alto: Stanford University Press, 2007) Law and the Sacred, with Lawrence Douglas and Martha Umphrey (Palo Alto: Stanford University Press, 2007)

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How Does Law Know, with Lawrence Douglas and Martha Umphrey (Palo Alto: Stanford University Press, 2007) From Lynch Mobs to the Killing State: Race and The Death Penalty in America, with Charles Ogletree (New York: New York University Press, 2006) Cause Lawyers and Social Movements, with Stuart Scheingold (Palo Alto: Stanford University Press, 2006) The Cultural Life of Capital Punishment: Comparative Perspectives, with Christian Boulanger (Palo Alto: Stanford University Press, 2005) The Limits of Law, with Lawrence Douglas and Martha Umphrey, (Palo Alto: Stanford University Press, 2005) Law on the Screen, with Lawrence Douglas and Martha Umphrey, (Palo Alto: Stanford University Press, 2005) The Worlds That Cause Lawyers Make: Structure and Agency in Legal Practice, with Stuart Scheingold (Palo Alto: Stanford University Press, 2005) Dissent in Dangerous Times, (Ann Arbor: University of Michigan Press, 2005) Law in the Liberal Arts, (Ithaca: Cornell University Press, 2004) Blackwell Companion to Law and Society, (Boston: Blackwell Publishing, 2004) The Place of Law, with Lawrence Douglas and Martha Umphrey (Ann Arbor: University of Michigan Press, 2003) Law’s Madness, with Lawrence Douglas and Martha Umphrey (Ann Arbor: University of Michigan Press, 2003) Cultural Analysis, Cultural Studies and the Law: Moving Beyond Legal Realism, with Jonathan Simon (Durham: Duke University Press, 2003) Looking Back At Law’s Century: Time, Memory, and Change, with Bryant Garth and Robert Kagan (Ithaca: Cornell University Press, 2002) Lives in the Law, with Lawrence Douglas and Martha Umphrey ((Ann Arbor: University of Michigan Press, 2002) Law, Violence, and the Possibility of Justice, (Princeton: Princeton University Press, 2001) Cause Lawyering and the State in a Global Era, with Stuart Scheingold (New York: Oxford University Press, 2001) Pain, Death, and the Law, (Ann Arbor: University of Michigan Press, 2001) Human Rights: Concepts, Contests, Contingencies, with Thomas Kearns (Ann Arbor: University of Michigan Press, 2001) Cultural Pluralism Identity Politics and the Law, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1999) Social Science, Social Policy and the Law, with Patricia Ewick and Robert Kagan (New York; Russell Sage, 1999) History, Memory, and the Law with Thomas Kearns (Ann Arbor: University of Michigan Press, 1999) The Killing State: Capital Punishment in Law, Politics, and Culture, (New York: Oxford University Press, 1999)

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Crossing Boundaries: Traditions and Transformations in Law and Society Research, with Marianne Constable, David Engel, Valerie Hans, and Susan Lawrence (Evanston: Northwestern University Press, 1998) How Does Law Matter? with Bryant Garth (Evanston: Northwestern University Press, 1998) Everyday Practices and Trouble Cases, with Marianne Constable, David Engel Valerie Hans, and Susan Lawrence (Evanston: Northwestern University Press, 1998) Law in the Domains of Culture, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1998) Justice and Power in Sociolegal Studies, with Bryant Garth (Evanston: Northwestern University Press, 1998) Cause Lawyering: Political Commitments and Professional Responsibilities, with Stuart Scheingold (New York: Oxford University Press, 1998) New Perspectives on American Law: An Introduction to Private Law in Politics and Society, with Lief Carter, Mark Silverstein, William Weaver (Carolina Academic Press, 1997) Race, Law and Culture: Reflections on Brown v. Board of Education, New York: Oxford University Press, 1997) Justice and Injustice in Law and Legal Theory, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1996) Liberal Modernism and Democratic Individuality: George Kateb and the Practice of Political Theory, with Dana Villa (Princeton: Princeton University Press, 1996) Legal Rights: Philosophical and Historical Perspectives, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1996) Identities, Politics, and Rights, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1995) The Rhetoric of Law, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1994) Law in Everyday Life, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1993) Narrative, Law, and Violence: The Essays of Robert Cover, with Martha Minow and Michael Ryan (Ann Arbor: University of Michigan Press, 1992) Law’s Violence, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1992) The Fate of Law, with Thomas Kearns (Ann Arbor: University of Michigan Press, 1991)

Anthologies

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Intergenerational Justice (International Debate Education Association, 2014) The Death Penalty: Influences and Outcomes, 2 volumes, anthology for The International Library of Criminology (Dartmouth/Ashgate, 2005) Capital Punishment, 2 volumes, anthology for The International Library of Law and Society (Dartmouth/Ashgate, 2005) The Social Organization of Law: Introductory Readings, edited (Roxbury Publishing, 2004) American Court Systems, edited and co-authored with Sheldon Goldman (San Francisco: W.H. Freeman, 1978); 2nd edition (New York: Longman, 1988)

Articles and Review Essays (partial list)

Journals

“The Humanities in Question: An Introduction,” with Adam Sitze and Boris Wolfson, College Literature: A Journal of Critical Literary Studies (forthcoming, 2014) “From Movement to Mentality, From Paradigm to Perspective, From Action to Performance: Law and Society at Mid-Life,” Law and Social Inquiry (2014) “Scenes of Execution: Spectatorship, Political Responsibility, and State Killing in American Film,” Law and Social Inquiry (2014) “Botched Executions and the Struggle to End Capital Punishment: A Twentieth-Century Story,” with Katherine Blumstein, Aubrey Jones, Madeline Sprung-Keyser, Heather Richard, Robert Weaver , Law & Social Inquiry (2013) “Temporal Horizons: The Possibilities of Law and Fatherhood in To Kill a Mockingbird, with Martha Umphrey, Cultural Studies (2013) “Gruesome Spectacles: The Cultural Reception of Botched Executions in America, 1890-1920," with Aubrey Jones, Katherine Blumstein, Heather Richard, Madeline Sprung-Keyser, and Robert Weaver, British Journal of American Legal Studies (2012) “Gruesome Spectacles: Botched Executions and the Abolitionist Struggle in America,” with Aubrey Jones, Katherine Blumstein, Heather Richard, Madeline Sprung-Keyser, and Robert Weaver, le Courrier de l'ACAT, la revue chrétienne des droits de l'homme (2011) “The Justice of Jurisdiction: Policing/Breaching Boundaries in Film Noir,” with Martha Umphrey, English Language Notes (2010) “Introduction: Killing States: Lethal Decisions/Final Judgments,” with Jennifer Culbert, South Atlantic Quarterly (2008)

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“Beyond Discretion: Prosecution, The Logic of Sovereignty, and the Limits of Law,” with Conor Clarke, Law and Social Inquiry (2008) “Memorializing Miscarriages of Justice: Clemency Petitions in the Killing State,” Law & Society Review (2008) “Fathers in Law: Violence and Reason in Twelve Angry Men,” Chicago-Kent Law Review (2007) “The Literary Life of Clemency: (With Apologies to Natalie Zemon Davis) Pardoners and Their Tales in the Contemporary United States,” with Nasser Hussain, TriQuarterly, Issue 124(2006) “Getting Beyond Innocence: On the Situation of Capital Clemency,” Amicus Journal (December, 2005) “Mercy, Clemency, and Capital Punishment: Two Accounts,” Ohio State Journal of Criminal Law (2005) “At The Boundaries of Law: Executive Clemency, Sovereign Prerogative and the Dilemma of American Legality” American Quarterly (2005) “Innocence, Error, and the “New Abolitionism”: A Commentary,” Criminology & Public Policy (2005) “Something to Believe In,” with Stuart Scheingold, Voir Dire (2004) “Hidden in Plain View: Murray Edelman in the Law and Society Tradition,” with Patricia Ewick, Law and Social Inquiry (2004) “History and Memory, “Law, Memory & Literature (2004) “On Lawful Lawlessness: George Ryan, Executive Clemency, and the Rhetoric of Sparing Life,” with Nasser Hussain, Stanford Law Review (2004) “Putting A Square Peg in A Round Hole: Victims, Retribution, and George Ryan’s Clemency,” North Carolina Law Review (2004) “Presentist Preoccupations: Reflections on State Killing in the Contemporary United States,” Historical Reflections (2003) “Integrating Law and Social Epidemiology,” Journal of Law, Medicine, and Ethics (2002), with Scott Burris and Ichiro Kawachi “America as a Killing State: On the Persistence of Capital Punishment in the United States,” Bridges: An interdisciplinary Journal of Theology, Philosophy, History, and Science (Spring/Summer, 2002) “The Profession versus the Public Interest: Reflections on Two Reifications,” Stanford Law Review (2002) “Can Liberals Fight Crime?” The American Prospect (July, 2001) “The `New Abolitionism’ and the Possibilities of Legislative Action: The New Hampshire Experience,” Ohio State University Law Review (2002)

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“When Memory Speaks: Remembrance and Revenge in Unforgiven,” Indiana Law Journal (2002). Also in Griffith Law Review (2001) and Breaking the Cycles of Hatred, edited by Nancy Rosenblum (Princeton University Press, 2002) “Beyond Legal Realism? Cultural Analysis, Cultural Studies, and The Situation of Legal Scholarship,” Yale Journal of Law & the Humanities (2001), with Jonathan Simon. Also in Cultural Analysis, Cultural Studies and the Law: Moving Beyond Legal Realism, edited collection, with Jonathan Simon (Durham: Duke University, 2003) “The Micropolitics of Identity/Difference: Recognition and Accommodation in Everyday Life,” Daedalus (2000) “Capital Punishment in the Movies,” The American Prospect (January, 2000) “Toward Something New or Maybe Something Not So New: Is There Room for Legal Scholarship In Law Schools?” Yale Journal of Law & the Humanities (2000) “Imaging the Law of the Father: Loss, Dread, and Mourning in The Sweet Hereafter,” Law & Society Review (2000) “Exploring The Hidden Domains of Civil Justice: “Naming, Blaming and Claiming” in Popular Culture,” DePaul Law Review (2000) “Pain, Powerlessness, and the Promises of Interdisciplinary Legal Scholarship: An Idiosyncratic, Autobiographical Account of Conflict and Continuity,” Windsor Yearbook of Access to Justice (2000) “Living in a Copernican Universe: Law and Fatherhood in A Perfect World,” New York Law School Law Review (1999-2000) Also published as “Rethinking Law and Fatherhood: Male Subjectivity in the Film A Perfect World,” Genders (1999) “Rhetoric and Remembrance: Trials, Transcription, and The Politics of Critical Reading,” Legal Studies Forum (1999) “The Cultural Life of Capital Punishment: Responsibility and Representation in Dead Man Walking and Last Dance,” Yale Journal of Law & the Humanities (1999) Also published in The Killing State: Capital Punishment in Law, Politics, and Culture (1999) “Folk Knowledge As Legal Action: Death Penalty Judgments and the Tenet of Early Release in a Culture of Mistrust and Permissiveness” Law & Society Review (1999), with Benjamin Steiner and William Bowers

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“Recapturing the Spirit of Furman: The American Bar Association and the New Abolitionist Politics,” Law and Contemporary Problems (1998) “Bringing Legal Realism to the Study of Ethics and Professionalism: An Introduction,” with Douglas Frenkel and Robert Nelson, Fordham Law Review (1998) “Enactments of Professionalism: A Study of Judges’ and Lawyers’ Accounts of Ethics and Civility in Litigation,” Fordham Law Review (1998) “Traditions and Trajectories in Law and Humanities Scholarship,” Yale Journal of Law & the Humanities (1998) “Vengeance, Victims and the Identities of Law,” Social and Legal Studies: An International Journal (1997) “Abolitionism as Legal Conservatism: the American Bar Association, the Death Penalty, and Our Continuing Anxiety About Law’s Violence,” Theory & Event (1997) “Bearing Witness and Writing History in the Struggle Against Capital Punishment,” Yale Journal of Law & the Humanities (1996) “Narrative Strategy and Death Penalty Advocacy,” Harvard Civil Liberties-Civil Rights Law Review (1996) “A Prophecy of Possibility: Metaphorical Explorations of Postmodern Legal Subjectivity,” Law & Society Review (1995) “To See Or Not To See: Television, Capital Punishment, and Law’s Violence,” Yale Journal of Law & the Humanities (1995), with Aaron Schuster “Doing Death: Violence, Responsibility and the Role of the Jury in Capital Trials,” Indiana Law Review (1995) “Beyond Criticism: Law, Power and Ethics,” Social and Legal Studies: An International Journal, with Alison Young (1994) “Leading Law Into the Abyss: What (If Anything) Has Sociology Done to Law,” Law & Social Inquiry (1994) “Disorderly Differences: Recognition, Accommodation and American Law,” Yale Journal of Law & the Humanities (1994), with Roger Berkowitz Also published in Democracy and Ethnography: Constructing Identities in Multicultural Liberal States, ed. Carol Greenhouse (1998) “(De) mythologizing Jurisprudence: Speaking the ‘Truth’ About ‘Myth,’” Law & Social Inquiry (1994), with Lawrence Douglas “Law’s Two Lives: Humanist Visions and Professional Education,” Yale Journal of Law & the Humanities (Winter, 1993)

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“Moving From Scientific Detachment to Critical Engagement: Authority, Anxiety and Procedural Justice,” Law & Society Review (1993) “Speaking of Death: Narratives of Violence in Capital Trials,” Law & Society Review (1993) “Enactments of Power: Negotiating Reality and Responsibility in Lawyer-Client Interactions,” Cornell Law Review (1992), with William Felstiner “Beyond the Law School: Teaching Law in Political Science,” Perspectives on Political Science (1992) “Lawyers and Clients: Putting Professional Service on the Agenda of Legal Education,” Journal of Legal Education (March, 1991) “‘The Law Is All Over...’ Power, Resistance and the Legal Consciousness of the Welfare Poor,” Yale Journal of Law and the Humanities (1990) “Off to Meet the Wizard: Beyond Validity and Reliability in the Search for a Post-Empiricist Sociology of Law,” Law & Social Inquiry (1990) “Donald Black Discovers Legal Realism: From Pure Science to Policy Science in the Sociology of Law,” Law & Social Inquiry, (1989) “Lawyers and Legal Consciousness: Law Talk in the Divorce Lawyer’s Office,” Yale Law Journal (1989), with William Felstiner “Dispute Processing in Law and Legal Scholarship: From Institutional Critique to the Reconstitution of the Juridical Subject,” University of Denver Law Review (1989), with Susan Silbey “D’une demarche conestataire a un savoir meritocratique,” Actes De La Recherche (1989), with Yves Dezalay and Susan Silbey “Law and Social Relations: Vocabularies of Motive in Lawyer/Client Interaction” Law and Society Review (1988), with William Felstiner “Alternative Dispute Resolution and the Liability Crisis,” Annals of the American Academy of Political Science (1988) “The Pull of the Policy Audience” with Susan Silbey, Law and Policy (1988) “The ‘New Formalism’ in Disputing and Dispute Processing”, Law and Society Review (1988) “Critical Traditions in Law and Society Research,” with Susan Silbey, Law and Society Review (1987) “Law and Strategy in the Divorce Lawyer’s Office,” with William Felstiner, Law and Society Review (1986) “The Impact of Fee Arrangement on Lawyer Effort,” with Herbert Kritzer and others, Law and Society Review (1985) “Legal Effectiveness and Social Studies of Law,” Legal Studies Forum (1985)

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“The Litigation Explosion, Access to Justice and Court Reform,” Rutgers Law Review (1985) “Understanding the Costs of Litigation,” with Herbert Kritzer and others, American Bar Foundation Research Journal (1984) “Courts and Litigation Investment,” with Herbert Kritzer and others, Justice System Journal (1984) “The Costs of Ordinary Litigation,” U.C.L.A. Law Review, with David Trubek and others (October, 1983) “Whither Political Jurisprudence,” with Harry Stumpf and others, Western Political Quarterly (December 1983) “Dimensions of Institutional Participation: A Tale From Five Courts,” with Joel Grossman and others, Journal of Politics (1982) “The Evolution of Litigation in the Federal Courts of Appeals,” with Larry Baum and Sheldon Goldman, Law and Society Review (1981) “Grievances, Claims and Disputes: Assessing the Adversary Culture,” with Richard Miller, Law and Society Review (1980-81) “Review of Access to Justice,” Harvard Law Review (June 1981) “The Emergence of Transformation of Disputes: Naming, Blaming, Claiming,” with William Felstiner and Richard Abel, Law and Society Review (1980-81) “Access to Justice and the Limits of Law,” with Joel Grossman, Law and Policy Quarterly (April 1981) “The Role of Courts and the Logic of Court Reform,” Judicature (February 1981) “Thinking About Courts: Toward and Beyond a Jurisprudence of Judicial Competence,” with Ralph Cavanagh, Law and Society Review (Winter 1980) “Sentencing the White Collar Offender,” with Stan Wheeler and Ken Mann, American Criminal Law Review (Spring 1980) “Constitutionalism and American Politics,” Polity (Summer 1979) “Incrementalism and Justice: Bargaining for Justice,” Law and Society Review (1979) “Informalism, Delegalization and the Future of the American Legal Profession: Review of The Politics of Informal Justice,” Stanford Law Review (July 1983) “Re-examining the Nature and Function of Trial Courts,” Judicature (February 1978) “Deterrence and the Constitution: On the Limits of Capital Punishment,” Journal of Behavioral Economics (Summer 1977)

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“Judging in Trial Courts: An Exploratory Study,” Journal of Politics (May 1977) “Studying American Legal Culture: An Assessment of Survey Evidence,” Law and Society Review (Spring 1977) “Legal Obligation: A Survey Study,” Polity (Winter 1976) “Choice of Legal Procedure: Litigation in Small Claims Courts,” Law and Society Review (Spring 1976) “The Public and the Death Penalty: Testing the Marshall Hypothesis,” Wisconsin Law Review (Spring 1976) “Courts and Conflict Resolution: Problems in the Mobilization of Adjudication,” American Political Science Review, with Joel Grossman (December 1975) “Litigation in the Federal Courts: A Comparative Perspective,” Law and Society Review, with Joel Grossman (Winter 1975) “Reasoning in Politics: The Social, Psychological and Political Bases of Principled Thought,” American Journal of Political Science (May 1975) “Support for the Legal System: An Analysis of Knowledge, Attitudes and Behavior,” American Politics Quarterly, (January 1975) “Political Culture and Judicial Research,” Washington University Law Quarterly, with Joel Grossman (Spring 1971)

Chapters in Books

“The Legal Treatment of Mistakes: An Introduction,” with Lawrence Douglas and Martha Umphrey, in Law’s Mistakes (under review) “Law and the Utopian Imagination: An Introduction,” with Lawrence Douglas and Martha Umphrey, in Law and the Utopian Imagination (Stanford University Press, 2014) “Introduction: the Meaning and Uses of Civility,” in Civility, Legality, and Justice in America (Cambridge University Press, 2014) “Examining Assumptions: An Introduction to Punishment, Imagination, and Possibility,” in The Punitive Imagination (University of Alabama Press, forthcoming, 2014

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“Introduction: Pain and Death as Facts of Legal Life,” in Knowing the Suffering of Others (University of Alabama Press, forthcoming, 2014) “Law and War: An Introduction,” with Lawrence Douglas and Martha Umphrey, in Law and War (Stanford University Press, forthcoming, 2014) “Re-imagining To Kill A Mockingbird: An Introduction,” in Reimagining To Kill a Mockingbird: Family, Community, and the Possibility of Equal Justice under Law (2013)) “Keeping Civility In Its Place: Dissent, Injustice, and the Lessons of History,” in Civility and American Democracy: Nine Scholars Explore the History, Challenges and Role of Civility in Public Discourse (Center for Civil Discourse, 2012). Also in Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell, Richard Nobles and David Schiff, eds. (Ashgate, forthcoming, 2014) “Introduction: The Sacred and the Profane in American Law,” in Legal Responses to Religious Practices in the United States: Accommodation and its Limits (Cambridge University Press, 2012) “Capital Punishment in the United States: Prospects and Possibilities” in Handbook of Punishment and Society, (2012) “What Transitions Mean To and For Law: An Introduction,” in Transitions: Legal Change and Legal Meaning (2012) “Introduction: Lives on the Line: From Capital Punishment to Life Without Parole,” in Life Without Parole: America’s New death Penalty? with Charles Ogletree (2012) “Opacity and Transparency in the Law: An Introduction,” in The Secrets of Law, with Martha Umphrey and Lawrence Douglas (2012) “Dissent and the American Story: An Introduction,” in Dissenting Voices in American Society: the Role of Judges, Lawyers, and Citizens (2012) “Introduction: Determining Who Deserves to Die,” in Who Deserves to Die? with Karl Shoemaker (2011) “When Can or Should Legal Judgments Be Merciful: an Introduction,” in Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities (2011) “Introduction; Transatlantic Perspectives on Capital Punishment: National Identity, the Death Penalty, and the Prospects for Abolition,” in Is the Death Penalty Dying, with Juergen Martschukat (2011) “What Popular Culture Does For, and To, Law: An Introduction,” in Imagining Legality: Where Law Meets Popular Culture (2011) “Introduction: Law Without Nations,” in Law Without Nations with Lawrence Douglas and Martha Umphrey (2011) “Introduction: How Does Violence Perform?” in The Performances of Violence with Carleen Basler and Thomas Dumm (2011)

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“Introduction: On the Blurred Boundaries of Punishment and Regulation,” in Law as Punishment/Law as Regulation, with Lawrence Douglas and Martha Umphrey (2011) “Introduction,” Options for Teaching: Teaching Literature and Law, Cathrine Frank and Matthew Anderson (Modern Language Association, 2011) “Responding to Government Lawlessness: What Does the rule of Law Require?” in When Governments Break the Law, with Nasser Hussain (2010) “Subjects of Responsibility: An introduction,” in Subjects of Responsibility, with Andrew Parker and Martha Umphrey (2011) “Introduction: Situating Speech and Silence,” in Speech and Silence in American Law (2010) “Negotiating (with) Strangers,” in Law and the Stranger with Lawrence Douglas and Martha Umphrey (2010) “Introduction: Toward New Conceptions of the Relationship of Law and Sovereignty Under Conditions of Emergency,” in Sovereignty, Emergency, Legality (2010) “Introduction: On the Origins and Prospects of the Humanistic Study of Law, “ in Law and the Humanities:” An introduction, with Matthew Anderson and Cathrine Frank (2009) “Introduction: On the Prospects for Abolition,” in The Road to Abolition? with Charles Ogletree (2009) “Introduction: Making Sense of Miscarriages of Justice,” in When Law Fails: Making Sense of Miscarriages of Justice with Charles Ogletree (2009) “Introduction: Interpreting the Violent State,” in States of Violence: War, Capital Punishment, and Letting Die with Jennifer Culbert (2009) “The Challenge of Crisis and Catastrophe in Law and Politics,” in Catastrophe: Law, Politics, and the Humanitarian Impulse with Javier Lezaun (2009) “The Story of Payne v. Tennessee: Victims Triumphant,” in Death Penalty Stories, John Blume and Jordan Steiker eds. (forthcoming, 2009) “Toward a New Perspective on Clemency in the Killing State,” in The Future of America’s Death Penalty: An Agenda for the Next Generation of Capital Punishment Research, Charles Lanier, William Bowers, James Acker, eds. (Carolina Academic Press, 2009) “Contested Terrain: Visions of Multiculturalism in an American Town,” in Schoolyard Fights, Martha Minow et. al. eds. (2008)) “Pardon Tales in the Killing State: Narrating the Present, Remembering the Future” in When Law Fails: Making Sense of Miscarriages of Justice (2009) “Bringing Cultural Analysis to the Study of Cause Lawyers,” with Stuart Scheingold, in The Cultural Lives of Cause Lawyers (2008) “A Jurisprudence of Catastrophe,” with Lawrence Douglas and Martha Umphrey, in Law and Catastrophe (2007) “Toward New Theoretical Perspectives on Forgiveness, Mercy, and Clemency: An Introduction,” with Nasser Hussain, in Forgiveness, Mercy, and Clemency (2007)

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“The Sacred in Law: An Introduction,” with Lawrence Douglas and Martha Umphrey, in Law and the Sacred (2007) “Complexity, Contingency, and Change in Law’s Knowledge Practices: An Introduction,” with Lawrence Douglas and Martha Umphrey, in How Does Law Know (2007) “On ‘Missed Encounter(s)’: Law’s Relationship to Violence, Death, and Disaster,” in The Claims of Literature: A Shoshana Felman Reader, Ulrich Baer, et. al. eds., (Fordham University Press, 2007) “Putting a Square Peg in a Round Hole: Victims, Retribution, and George ryan’s Clemency,” in Wounds That Do Not Bind: Victim-Based Perspectives on the Death Penalty, James Acker and David Karp, eds. (Carolina Academic Press, 2006) “What Cause Lawyers Do For and To Social Movements: An Introduction,” with Stuart Scheingold, in Cause Lawyers and Social Movements (2006) “Race and the Death Penalty: History, Process, Politics,” with Charles Ogletree, in From Lynch Mobs to the Killing State: Race and the Death Penalty in America (2006) “The Rhetoric of Race in the ‘New Abolitionism,’” in From Lynch Mobs to the Killing State: Race and the Death Penalty in America (2006) “At the Limits of Law: An Introduction,” with Lawrence Douglas and Martha Umphrey, in The Limits of Law, (2005) “Putting Culture Into the Picture: Toward a Comparative Analysis of State Killing,” with Christain Boulanger, in The Cultural Lives of Capital Punishment: Comparative Perspectives (2005) “The Dynamics of Cause Lawyering: Constraints and Opportunities,” with Stuart Scheingold, in The Worlds That Cause Lawyers Make: Structure and Agency in Legal Practice, (2005) “On Film and Law: Broadening the Focus,” with Lawrence Douglas and Martha Umphrey in Law on the Screen, (2005) “Terrorism, Dissent, and Repression: An Introduction,” in Dissent in Dangerous Times (2005) “Vitality Amidst Fragmentation: On the Emergence of Post-Realist Law and Society Scholarship,” in The Blackwell Handbook of Law and Society, Austin Sarat, ed. (2004) “Cause (Public Interest) Lawyers,” Encyclopedia of Law and Society: American and Global Perspectives, David Clark, ed. (2004) “Law” in Social Science Encyclopedia, Jessica Kuper and Adam Kuper, eds. (2004) “Legal Scholarship in the Liberal Arts: An Introduction” in Law in the Liberal Arts (2004) “Where (or What) Is the Place of Law? An Introduction,” with Martha Umphrey and Lawrence Douglas, in The Place of Law (2003) “Madness in Law: An Introduction,” with Martha Umphrey and Lawrence Douglas, in Law’s Madness (2003) “Cruel and Unusual Punishment,” in The Oxford Companion to American Law, Kermit Hall, ed. (2002)

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“Theoretical Approaches to Lives in the Law: an Introduction,” with Lawrence Douglas and Martha Umphrey in Lives in the Law (2002) “Democracy, Capitalism, and Law’s Double Role in the Twentieth Century,” in Looking Back At Law’s Century: Time, Memory, and Change, edited with Bryant Garth and Robert Kagan (2002) “Situating Law Between the Realities of Violence and the Claims of Justice: An Introduction,” in Law, Violence, and the Possibility of Justice (2001) “Introduction: Pain and Death as Facts of Legal Life,” in Pain, Death, and the Law, (2001) “State Transformation, Globalization, and the Possibilities of Cause Lawyering: An Introduction,” in Cause Lawyering and the State in a Global Era, with Stuart Scheingold, (2001) “State Transformation and The Struggle for Symbolic Capital: Cause Lawyers, The Organized Bar, and Capital Punishment In the United States,” in Cause Lawyering and the State in a Global Era (2001) “The Unsettled Condition of Human Rights: An Introduction,” in Human Rights: Concepts, Contests, Contingencies, with Thomas R. Kearns (2001) “Popular Culture,” in The Encyclopedia of Crime and Justice, Joshua Dressler, ed. (2001) “Death Penalty,” in International Encyclopedia of the Social and Behavioral Sciences, Neil Smelser and Paul Baltes, eds. (2001) “Injustice,” in International Encyclopedia of the Social and Behavioral Sciences, Neil Smelser and Paul Baltes, eds. (2001) “Ethics in Litigation: Rhetoric of Crisis, Realities of Practice” Ethics in Practice, Deborah Rhode, ed. (2000) “Remorse, Responsibility, and Criminal Punishment: An Analysis of Popular Culture,” in The Emotions of Law, Susan Bandes, ed. (2000) “Social Science and Constitutional Law,” in Encyclopedia of the American Constitution, Supplement II, eds. Leonard Levy, et. al. (1999) “Killing Me Softly: Capital Punishment and the Technologies for Taking Life,” in Courting Death: The Legal Construction of Mortality, Desmond Manderson, ed. (1999) “Social Science, Social Policy, and the Law: An Introduction,” with Patricia Ewick and Robert Kagan, in Social Science, Social Policy, and the Law (1999) “Writing History and Registering Memory in Legal Decisions and Legal Practices: An Introduction,” with Thomas R. Kearns, in History, Memory, and the Law, Austin Sarat and Thomas R. Kearns, eds. (1999) “Responding to the Demands of Difference: An Introduction,” with Thomas Kearns, in Cultural Pluralism, Identity Politics, and the Law, Austin Sarat and Thomas Kearns, eds. (1999) “Capital Punishment As a Fact of Political, Legal and Cultural Life: An Introduction,” in The Killing State: Capital Punishment in Law, Politics, and Culture, Austin Sarat, ed. (1999) “The Concept of Boundaries in the Practices and Products of Sociolegal Scholarship: An Introduction,” in Crossing Boundaries: Traditions and Transformations in Law

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and Society Research, with Marianne Constable, David Engel, Valerie Hans, and Susan Lawrence (1998) “Studying How Law Matters: An Introduction,” in How Does Law Matter? with Bryant Garth (1998) “Going to Court: Access, Autonomy, and the Contradictions of Liberal Legality,” in The Politics of Law, David Kairys, ed. (1998) “Justice, Power, and Law and Society Research: On the Contested Careers of Core Concepts,” in Justice and Power in Sociolegal Studies, eds. Bryant Garth and Austin Sarat (1998), with Bryant Garth “The Cultural Lives of Law,” in Law and the Domains of Culture, eds. Austin Sarat and Thomas Kearns (1998), with Thomas Kearns “Ideas of the ‘Everyday’ and the ‘Trouble Case’ in Law and Society Scholarship: An Introduction,” in Everyday Practices and Trouble Cases, with Marianne Constable, David Engel, Valerie Hans, and Susan Lawrence (1998) “Between (The Presence of) Violence and (The Possibility of) Justice: Lawyering Against Capital Punishment,” in Cause Lawyering: Political Commitments and Professional Responsibilities, eds. Austin Sarat and Stuart Scheingold (1998) “Cause Lawyering and the Reproduction of Professional Authority: An Introduction,” in Cause Lawyering: Political Commitments and Professional Responsibilities (1998), with Stuart Scheingold. Also in Christian Boulanger / Vera Heyes / Philip Hanfling (eds.), The Topicality of Death Penalty: Interdisciplinary and International Perspectives. Second, revised and enlarged edition. Berlin: Berlin Verlag Arno Spitz, 2002 “Criminal Law” in New Perspectives on American Law: An Introduction to Private Law in Politics and Society, Lief Carter et. al. eds. (1997) “The Continuing Contest About Race in American Law and Culture: Reading the Meaning of Brown,” in Race, Law, and Culture: Reflections on Brown v. Board of Education (1997) “Editorial Introduction,” in Legal Rights: Philosophical and Historical Perspectives, with Thomas Kearns (1996) “Liberalism, Modernism, and the Political Theory of George Kateb: An Introduction,” in Liberal Modernism and Democratic Individuality (1996), with Dana Villa “Legal Justice and Injustice: Toward A Situated Perspective” in Justice and Injustice in Law and Legal Theory, with Thomas Kearns (1996) “Editorial Introduction,” in Identities, Politics, and Rights, with Thomas Kearns (1995) “Editorial Introduction” in The Rhetoric of Law, with Thomas Kearns (1994) “Patrick Phear: Control, Commitment, and Minor Miracles in Family and Divorce Mediation,” in When Talk Works: Profiles of Mediators, Deborah Kolb, ed. (1994) “Beyond the Great Divide: Theoretical Perspectives on Law in Everyday Life,” with Thomas Kearns, in Law in Everyday Life, eds. Austin Sarat and Thomas Kearns (1993) “Editorial Introduction,” in Law in Everyday Life, with Thomas Kearns “Making Peace With Violence,” with Thomas Kearns, in Law’s Violence, eds. Austin Sarat and Thomas Kearns (1992)

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“Editorial Introduction,” in Law’s Violence, with Thomas Kearns “Crossing Boundaries: Teaching Law in the Liberal Arts,” in Teaching What We Do, ed. Peter Pouncey (1991). Also in Law in the Liberal Arts, Austin Sarat, ed. (forthcoming, 2004) “A Journey Through Forgetting: Toward A Jurisprudence of Violence,” with Thomas Kearns, in The Fate of Law, eds. Austin Sarat and Thomas Kearns (1991) “Editorial Introduction,” in The Fate of Law (1991), with Thomas Kearns “Legal Realism in Lawyer-Client Communications,” in Language in the Judicial Process, eds. Judith Levi and Anne Walker (1990), with William Felstiner “Reconstituting the Sociology of Law: Beyond Science and the State” in The Politics of Field Research, eds. J. Gurbrium and D. Silverman (Sage Publications, 1989), with Susan Silbey “Beyond Rehabilitation,” in Crime and Punishment, ed. Fred Baumann and Kenneth Jensen (University of Virginia Press, 1989) “Negotiation Between Lawyer and Client in An American Divorce” with William Felstiner in Divorce Mediation and the Legal Process, eds. Dingwall and Eekelar (Oxford U. Press, 1988) “Access to Justice: Citizen Participation and the American Legal Order,” in The Handbook of Law and Society, eds. Leon Lipson and Stanton Wheeler (Russell Sage Foundation, 1987) “Alternatives to Formal Adjudication,” in Encyclopedia of the American Judicial System (1987) “In The Shadow of Originalism,” in Authority Revisited, eds. J. Roland Pennock and John Chapman (1987) “Abortion and the Supreme Court,” in Policy and Politics in America, ed. Allan Sindler “Judicial Capacity: Courts, Court Reform and the Limits of the Judicial Process,” in The Analysis of Judicial Reform, P. Dubois, ed. “Doing the Dirty Business of Coping With Crime,” in New Perspectives on Criminal Courts, ed. Peter Nardulli “The Courts and the Public,” in State Courts: A Blueprint for the Future, ed. Theodore Fetter, with Barry Mahoney and Steve Weller (Williamsburg: National Center for State Courts, 1978) “Implementing the Safe Streets Act: The Role of State Planning Agencies in the Development of Criminal Justice Federalism,” Public Law and Public Policy, ed. John A. Gardiner, with Malcolm Feeley (New York: Praeger, 1977)

Brief Book Reviews

Constitutional Redemption: Political Faith in an Unjust World, by Jack Balkin, Choice (2012) Cheaper By the Hour: Temporary Lawyers and the Deprofessionalization of Law,

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by Robert Brooks, Choice (2011) Wrongful Death Sentences: Rethinking Justice in Capital Cases, by Cathleen Burnett, Choice (2010) “The Politics of the Death Penalty,” Perspectives on Politics (December, 2009) Law and the Contradictions of the Disability Rights Movement, by Samuel Bagenstos, Choice (December, 2009) No Winners Here Tonight: Race, Politics, and Geography in One of the Country’s, Busiest Death Penalty States, by Andrew Welsh-Huggins, Choice (December, 2009) Democratic Rights: The Substance of Self-Government, by Corey Brettschneider, Choice (2009) Law as a Moral Idea by Nigel Simmonds, Choice (2008) Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, ed. by Scott Hershovitz, Choice (2008) Punishment and Inequality in America by Bruce Western, Patterns of Prejudice (2007) General Ashcroft: Attorney at War by Nancy Baker, Choice (2006) Evolving Standards of Decency: Popular Culture and Capital Punishment, by Mary Welek Atwell, Law and Politics Book Review (2006) Private Lives: Families, Individuals, and the Law, by Lawrence Friedman, Choice (2005) Success Without Victory: Lost Battles and the Long Road to Justice in America, by Jules Lobel, American Historical Review (December, 2004) Brown v. Bosrd of Education: Caste, Culture, and the Constitution, by Robert Cottrol, et. al., Choice (2004) Welfare & The Constitution, by Sotirios Barber, Choice (2004) Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom, by Cynthia Lee, Choice (2004) The Cultural Defense, by Alison Dundes Renteln, Choice (2004) Beyond Repair: The Death Penalty in America, Stephen Garvey, ed. Justice System Journal (2003) Death is That Man Taking Names: Intersections of American Medicine, Law, and Culture, by Robert Burt, Law and Politics Book Review (2002) The Juridical Unconscious: Trials and Trauma in the Twentieth Century, by Shoshana Felman, Law and Politics Book Review (2002). Also reviewed for Choice (2003) Lawyers, Lawsuits, and Legal Rights: The Battle Over Litigation in American Society, by Thomas Burke, Choice (2002) The Death Penalty: An American History, Stuart Banner, Punishment and Society (2002) Habeas Corpus: Rethinking the Great Writ of Liberty, Eric Freedman, Choice (2002) The Rule of Rules: Morality, Rules, & The Dilemmas of Law, Larry Alexander and Emily Sherwin, Choice (2002) Freedom and Time: A Theory of Constitutional Self-Government, Jeb Rubenfeld, Choice (2001) Law and Social Norms, Eric Posner, Choice (2000) Troubling Confessions: Speaking Guilt in Law and Literature, Peter Brooks, Journal of Criminal Justice and Popular Culture (2000)

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Proximity to Death, William McFeely, Punishment and Society (2000) Legally Speaking: Contemporary American Culture and the Law, Helle Porsdam, Choice (2000) The Trial Lawyer’s Art, Sam Schrager, Choice (1999) Moral Combat, Heidi Hurd, Choice (1999) Law and the Arts, edited by Susan Tiefenbrun, Choice (1999) Freedom of Association, edited by Amy Gutmann, Journal of Politics (1999) The Structure of Liberty: Justice and the Rule of Law, by Randy Barnett, Choice (1999) Prison Writing in 20th-Century America, edited by H. Bruce Franklin, Amherst Magazine (1999) TV or Not TV: Television, Justice, and the Courts, by Ronald Goldfarb, Choice (1998) Justification Defenses and Just Convictions, by Robert Schopp, Choice (1998) America’s Experiment with Capital Punishment: Reflections on the Past, Present, and Future of the Ultimate Penal Sanction, by James Acker, Robert Bohm, and Charles Lanier, Law and Politics Book Review (1998) Our Elusive Constitution: Silences, Paradoxes, Priorities, by Daniel Hoffman, American Political Science Review (1998) Bodies of Law, by Alan Hyde, Choice (1998) The Least of These: Race, Law, and Religion in American Culture, by Anthony Cook, Law and Politics Book Review (1997) Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind, by Pierre Schlag, Choice (1997) The Business of Practicing Law: The Work Lives of Solo and Small Firm Attorneys, by Carroll Seron, Contemporary Sociology (1997) Urban Excess and the Law: Capital, Culture & Desire, by Christopher Stanley, Social and Legal Studies: An International Journal (1997) The High Priests of American Politics: The Role of Lawyers in American Political Institutions, by Mark Miller, Choice (May, 1996) Unpopular Cultures: The Birth of Law and Popular Culture, by Steve Redhead, Social and Legal Studies: An International Journal (1995) The Rope, The Chair and the Needle: Capital Punishment in Texas, 1923-1990, by James Marquart et. al., Law and Politics Book Review (1994) Punishment and Modern Society, by David Garland, Social And Legal Studies: An International Journal (1993) Legal Hermeneutics: History, Theory, and Practice, Gregory Leyh ed., Law and Politics Book Review (1992) Rules Versus Relationships: The Ethnography of Legal Discourse, by John Conley and William O’Barr, Law and Politics Book Review (1991) Country Lawyers: The Impact of Context on Professional Practice, by Donald Landon, American Journal of Sociology (1991) Shadow Justice, by Christine Harrington, Contemporary Sociology (1987) “Court and Court Reform: A Review of Court Reform on Trial by Malcolm Feeley,” American Association of Legal Studies Forum (1984)

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U.S. v. Crime in the Streets, by Thomas Cronin et. al., Journal of Politics (1983) “The Logic of Judicial Legitimacy: A Review of Courts by Martin Shapiro,” Judicature (June-July 1982) Social Justice in the Liberal State, by Bruce Ackerman, Crime and Delinquency (July, 1982) Counsel for United States by James Eisenstein, Political Science Quarterly (Winter 1978-79) Justice and Presidents, by Henry Abraham, Journal of Politics (May 1976) The Crimes of Politics, by Francis Allen, American Political Science Review (September 1975)

August , 2014

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