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Title Law's infamy : understanding the canon of bad law / edited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey
Published New York : New York University Press, [2021]
©2021

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Description 1 online resource (277 pages)
Contents Telling the story of law's infamy : an introduction / Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey -- After law's infamy : judicial self-legitimation in the aftermath of judicial evil / Justin Collings -- "The courts of the conqueror" : colonialism, the Constitution, and the time of redemption / Sherally Munshi -- Supreme Court precedent and the politics of repudiation / Robert L. Tsai -- Law's infamy in the U.S. "War on Terror" / Richard L. Abel -- Law's infamy : Ashker v. Governor of California and the failures of solitary confinement reform / Keramet Reiter -- Fame, infamy, and canonicity in American constitutional law / Paul Horwitz
Summary An analysis of how problematic laws ought to be framed and consideredFrom the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be--whether Dred Scott v. Sanford or Plessy v. Ferguson--the stories we tell of the law's failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens' conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other. Law's Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists to label them as such. They highlight the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. The authors ask when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law's complicity in evil
Bibliography Includes bibliographical references and index
Subject United States. Supreme Court.
SUBJECT United States. Supreme Court fast
Subject Justice, Administration of -- United States
Judicial process -- United States
Political questions and judicial power -- United States
Law reform -- United States
Constitutional law -- United States -- Cases.
LAW -- Legal History.
Constitutional law
Judicial process
Justice, Administration of
Law reform
Political questions and judicial power
United States
Genre/Form Trials, litigation, etc.
Form Electronic book
Author Sarat, Austin, editor.
Douglas, Lawrence, editor.
Umphrey, Martha Merrill, editor.
LC no. 2021014001
ISBN 9781479812110
1479812110