The Law Is a White Dog - How Legal Rituals Make and Unmake Persons

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons

Author: Colin Dayan

Publisher: Princeton University Press

Published: 2013-03-03

Total Pages: 364

ISBN-13: 0691157871

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A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.


The Global Evolution of Clinical Legal Education

The Global Evolution of Clinical Legal Education

Author: Richard J. Wilson

Publisher: Cambridge University Press

Published: 2018

Total Pages: 361

ISBN-13: 1107025613

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Clinical legal education has revolutionized legal education, from its deepest origins in the nineteenth century to its now-global reach.


The Indian Legal Profession in the Age of Globalization

The Indian Legal Profession in the Age of Globalization

Author: David B. Wilkins

Publisher: Cambridge University Press

Published: 2017-05-23

Total Pages:

ISBN-13: 110821102X

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This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.


Social Justice and Legal Education

Social Justice and Legal Education

Author: Chris Ashford

Publisher: Cambridge Scholars Publishing

Published: 2019-01-15

Total Pages: 332

ISBN-13: 1527525643

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Recent years have seen social justice emerge as a powerful driver for work, both in law schools and the legal services sector. However, questions remain about how that term is understood and given meaning within the legal academy and beyond. This edited collection explores the meanings that have emerged and might subsequently be developed, together with a practical exploration of projects that have sought to bring the social justice agenda to life in law schools and in communities around the world. Over the course of eighteen chapters, this volume engages with a range of social justice and legal education themes, including clinical legal education, innocence projects, access to justice, cause lawyering, LGBTQ identities, and sustainability in law schools. In addition, it also explores themes of ethics and values in contemporary legal education in Africa, Australia, North America, and the UK.


Law and the Unconscious

Law and the Unconscious

Author: Anne C. Dailey

Publisher: Yale University Press

Published: 2017-01-01

Total Pages: 304

ISBN-13: 0300188838

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How do we bring the law into line with people's psychological experience? How can psychoanalysis help us understand irrational actions and bad choices? Our legal system relies on the idea that people act reasonably and of their own free will, yet some still commit crimes with a high likelihood of being caught, sign obviously one-sided contracts, or violate their own moral codes--behavior many would call fundamentally irrational. Anne Dailey shows that a psychoanalytic perspective grounded in solid clinical work can bring the law into line with the reality of psychological experience. Approaching contemporary legal debates with fresh insights, this original and powerful critique sheds new light on issues of overriding social importance, including false confessions, sexual consent, threats of violence, and criminal responsibility. By challenging basic legal assumptions with a nuanced and humane perspective, Dailey shows how psychoanalysis can further our legal system's highest ideals of individual fairness and systemic justice.


The Global Clinical Movement

The Global Clinical Movement

Author: Frank S. Bloch

Publisher:

Published: 2011

Total Pages: 427

ISBN-13: 0195381149

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Clinical legal education is playing an increasingly important role in educating lawyers worldwide. In The Global Clinical Movement: Educating Lawyers for Social Justice, editor Frank S. Bloch and contributors describe the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. With chapters written by leading clinical legal educators from every region of the world, The Global Clinical Movement demonstrates how the emerging global clinical movement can advance social justice through legal education. Professor Bloch and the contributors also examine the influence of clinical legal education on the legal academy and the legal profession and chart the global clinical movement's future role in educating lawyers for social justice. The Global Clinical Movement consists of three parts. Part I describes clinical legal education programs from every region of the world and discusses those qualities that are unique to a particular country or region. Part II discusses the various ways that clinical programs and the clinical methodology advance the cause of social justice around the world. Part III analyzes the current state of the global clinical movement and sets out an agenda for the movement to advance social justice through socially relevant legal education.


Liquidated

Liquidated

Author: Karen Ho

Publisher: Duke University Press

Published: 2009-07-13

Total Pages: 390

ISBN-13: 0822391376

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Financial collapses—whether of the junk bond market, the Internet bubble, or the highly leveraged housing market—are often explained as the inevitable result of market cycles: What goes up must come down. In Liquidated, Karen Ho punctures the aura of the abstract, all-powerful market to show how financial markets, and particularly booms and busts, are constructed. Through an in-depth investigation into the everyday experiences and ideologies of Wall Street investment bankers, Ho describes how a financially dominant but highly unstable market system is understood, justified, and produced through the restructuring of corporations and the larger economy. Ho, who worked at an investment bank herself, argues that bankers’ approaches to financial markets and corporate America are inseparable from the structures and strategies of their workplaces. Her ethnographic analysis of those workplaces is filled with the voices of stressed first-year associates, overworked and alienated analysts, undergraduates eager to be hired, and seasoned managing directors. Recruited from elite universities as “the best and the brightest,” investment bankers are socialized into a world of high risk and high reward. They are paid handsomely, with the understanding that they may be let go at any time. Their workplace culture and networks of privilege create the perception that job insecurity builds character, and employee liquidity results in smart, efficient business. Based on this culture of liquidity and compensation practices tied to profligate deal-making, Wall Street investment bankers reshape corporate America in their own image. Their mission is the creation of shareholder value, but Ho demonstrates that their practices and assumptions often produce crises instead. By connecting the values and actions of investment bankers to the construction of markets and the restructuring of U.S. corporations, Liquidated reveals the particular culture of Wall Street often obscured by triumphalist readings of capitalist globalization.


Marriage Markets

Marriage Markets

Author: June Carbone

Publisher: Oxford University Press

Published: 2014-04-01

Total Pages: 267

ISBN-13: 0199916594

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There was a time when the phrase "American family" conjured up a single, specific image: a breadwinner dad, a homemaker mom, and their 2.5 kids living comfortable lives in a middle-class suburb. Today, that image has been shattered, due in part to skyrocketing divorce rates, single parenthood, and increased out-of-wedlock births. But whether it is conservatives bewailing the wages of moral decline and women's liberation, or progressives celebrating the result of women's greater freedom and changing sexual mores, most Americans fail to identify the root factor driving the changes: economic inequality that is remaking the American family along class lines. In Marriage Markets, June Carbone and Naomi Cahn examine how macroeconomic forces are transforming our most intimate and important spheres, and how working class and lower income families have paid the highest price. Just like health, education, and seemingly every other advantage in life, a stable two-parent home has become a luxury that only the well-off can afford. The best educated and most prosperous have the most stable families, while working class families have seen the greatest increase in relationship instability. Why is this so? The book provides the answer: greater economic inequality has profoundly changed marriage markets, the way men and women match up when they search for a life partner. It has produced a larger group of high-income men than women; written off the men at the bottom because of chronic unemployment, incarceration, and substance abuse; and left a larger group of women with a smaller group of comparable men in the middle. The failure to see marriage as a market affected by supply and demand has obscured any meaningful analysis of the way that societal changes influence culture. Only policies that redress the balance between men and women through greater access to education, stable employment, and opportunities for social mobility can produce a culture that encourages commitment and investment in family life. A rigorous and enlightening account of why American families have changed so much in recent decades, Marriage Markets cuts through the ideological and moralistic rhetoric that drives our current debate. It offers critically needed solutions for a problem that will haunt America for generations to come.


Building on Best Practices

Building on Best Practices

Author: Deborah Maranville

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781630443207

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Building on Best Practices is a follow-up to Best Practices for Legal Education, a project of the Clinical Legal Education Association (CLEA), authored primarily by Roy Stuckey. With contributions from more than 50 legal educators, this new volume is not a second edition, but is intended to be used in conjunction with the original volume, as the core content of Best Practices remains just as useful as when it was originally published. In the wake of new ABA Accreditation Standards, the MacCrate Report, and other changes, legal education is called upon today to respond to a broader view of what lawyers must be trained to do. Building on Best Practices identifies ten such areas and provides guidance on what and how to teach them. The demand to teach a broader range of knowledge, skills, and values presents difficult trade-offs, however, that are also considered. "To demonstrate that law schools can still add value to careers and society, legal educators must grapple with structural changes that affect every aspect of teaching, learning and researching. Building on Best Practices provides diverse expertise and useful guidance on approaching these challenges and on improving and expanding the enterprise of legal education." - Jeffrey R. Baker, Journal of Legal Education