Austin D. Sarat

Vita

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Education

Employment History

• Amherst College, 1974-
• Visiting 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
• Visiting Assistant Professor, Department of Political Science, Johns Hopkins University, 1977-78
• Visiting Lecturer, Yale Law School, Spring, 1993; Spring, 1996
• O'Bryne Distinguished Visiting Professor of Law and Society, School of Law, University of Indiana, 1998-99
• Visiting Professor, Cornell Law School, Fall, 2000
• Visiting Professor, UCLA Law School, Spring, 2001
• Visiting Professor, School of Law, University of Connecticut, Fall, 2001
• Visiting Professor, Georgetown Law Center, Spring, 2002
• Visiting Professor of Political Science, Massachusetts Institute of Technology, Fall, 2002; Fall, 2003; Spring, 2004
• Visiting Professor, Social Studies Program, Harvard University, Fall, 2004

Professional Activities and Honors (Partial List)

• Awards and Fellowships
  • Woodrow Wilson Fellow, 1969-70
  • National Science Foundation, Dissertation Research Grant, 1972-73
  • Russell Sage Fellowship in Law and Social Science, 1973-74, Yale Law School
  • National Endowment for the Humanities, Summer Stipend, 1978 and 1985
  • Visiting Fellow, Center for Sociolegal Studies, Oxford University, 1985-86
  • Karl Loewenstein Fellow in Political Science and Jurisprudence, 1985-86
  • National Science Foundation Research Grant, Law and Social Sciences Program, 1981, 1985, 1994, 1996, and 1999
  • Visiting Senior Research Fellow, American Bar Foundation, 1987-88
  • Amherst College Faculty Research Grant, 1987, 1989, 1991, 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)
  • Keck Fellow, School of Law, University of California-Berkeley, March, 1992
  • Visiting Scholar, Baldy Center for Law & Social Policy, State University of New York at Buffalo, 1994
  • Earl and Edna Stice Lecturer in Social Science, University of Washington, 1995
  • Fellowship-Designate, Center for Advanced Study in the Behavioral Sciences
  • Fellow in Ethics, Program on Ethics in the Professions, Harvard University, 1995-96 (declined)
  • Butterworth Lecturer, Queen Mary and Westfield College, University of London, March, 1996
  • Seelbach Fellow, University School, Cleveland, Ohio, April, 1996
  • Braun Memorial Distinguished Lecture and Symposium, John Marshall Law School, 1996
  • Corry Lecturer, Queen's University, Kingston, Canada, 1997
  • 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
  • Access to Justice Lecturer, Faculty of Law, University of Windsor, 1998-99
  • Clason Lecturer, Western New England Law School, 1999
  • Henry Adams Lecturer, Collegiate School, New York, May, 2002
  • Henry Steele Commager Lecturer, Greenfield Community College, 2002
• Editorial Positions
  • Consulting Editor, Duxbury Press, 1978-80
  • Editorial Board, Law and Society Review, 1977-78, 1995-99, 2000-
  • Associate Editor, Justice Quarterly, 1986-1988
  • Editorial Advisory Board, Yale Journal of Law and the Humanities
  • Editorial Board, Balayi: Culture, Law and Colonialism
  • Senior Editor, Yale Law Journal, 1987-88
  • North American Editor, Social and Legal Studies: An International Journal
  • Co-editor (with Patricia Ewick), Studies in Law, Politics and Society
  • Co-editor, Special Issue of Law and Society Review on Law and Ideology, 1988
  • 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 (with Martha Minow and Elaine Scarry), Series on Law, Meaning and Violence, University of Michigan Press
  • Co-editor (with Thomas Kearns), Amherst Series on Law, Jurisprudence & Social Thought, University of Michigan Press
  • Co-editor (with Bryant Garth), Fundamental Issues in Law and Society, Northwestern University Press
  • Editor, Series on Law, Justice and Power, Dartmouth/Ashgate Press
  • External Advisory Board, Northeastern University Press, 1993-
  • 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-
  • General Editor, Series on Crime, Justice & Punishment, Chelsea House Publishers, 1995-
  • Editorial Board, Series on Philosophy, Social Theory, and the Rule of Law, University of California Press
  • Editor, Series on the Cultural Lives of Law, Princeton University Press
  • 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
  • Editor, Law, Culture, and the Humanities , 2004-
  • General Editor, The Intewrnational Library of Essays in Law and Society , Dartmouth/Ashgate, 2004-
• Professional Association Memberships and Activities
  • Member, Law and Society Association
    • Board of Trustees, 1978-81, 1986-88
    • Executive Committee of the Board of Trustees, 1986-88
    • Chair, Local Arrangements 1981
    • Annual Meeting Secretary and Member of the Executive Committee of the Board of Trustees, 1993-95
    • Member, Program Committee for the 1986 Annual Meeting of the Law and Society Association
    • Chair, Program Committee for the 1992 Annual Meeting of the Law and Society Association
    • Chair, Committee on Education in Law and Society, 1985-1990
    • Member, Committee on Graduate Student Workshops, 1991, 1993
    • Member, Organizing Committee for Law & Society Association Summer Institute in Sociolegal Studies, 1992-1993
    • Chair, Organizing Committee for Law & Society Association Summer Institute in Sociolegal Studies, 1994-95
    • Chair, Student Prize Committee, 1995-96
    • Chair, Ad Hoc Committee on Development and External Relations, 1996-97
    • Chair, Committee on Development and External Relations, 1997-98
    • President-Elect, 1997-1998
    • President, 1998-1999
    • Past-President, 1999-2000
    • Chair, Ad Hoc Committee on Interdisciplinary Law Related Scholarly Associations, 1999-2000
    • Chair, Graduate Student Workshop Committee, 2000-2001
    • Co-Chair, Campaign Leadership Council, Law and Society 40 th Anniversary Development Campaign, 2003-2004
    • Member, Advisory Board, LSA Minority Student Fellowships, 2004-
      
  • Member, American Political Science Association
    • Member, Corwin Award Committee, 1981, 1987
    • Chair, Corwin Award Committee, 1990
    • Chair, Committee on the Status of Public Law, Organized Section on Courts, Law and Judicial Process, American Political Science Association, 1989-1990
    • 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, C. Herman Pritchett Award Committee, 2002-03
  • Co-chair, Colloquium on Cause Lawyering, Working Group on the Comparative Study of the Legal Profession, International Sociological Association, 1992-
  • Chair, Organizing Committee for the Working Group on Law, Culture and the Humanities, 1997-2001
  • Chair, Colloquium on the Constitution and the imagining of America, Amherst College, 2002-
  • President, Association for the Study of Law, Culture, and the Humanities, 2001- 2004
• Other Professional Activities and Affiliations
  • Research Associate, Yale Studies in White Collar Crime, Yale Law School, 1976-81
  • Senior Staff, Civil Litigation Research Project, University of Wisconsin School of Law, 1979-81
  • Research Associate, Dispute Processing Research Program, Univer-sity of Wisconsin, School of Law, 1981-83
  • Consultant, National Academy of Sciences, Committee on Law Enforcement and Criminal Justice, 1979
  • Consultant, Law Enforcement Assistance Administration, 1977-78
  • Consultant, Modern Media Institute, Ethics for Journalists, 1983-84
  • Consultant, Hampshire College Program in Civil Liberties and Public Policy, 1983
  • Consultant, Vermont Law School Program on Dispute Resolution, 1983
  • Consultant, National Center for State Courts, 1977-78
  • Consultant, Public Management Services, 1977-78
  • Consultant, Yankelovich, Skelley & White, 1980
  • Consultant, Porter, Morris, Arthur and Wright, Columbus, Ohio, 1984
  • National Advisory Commission on Small Claims Courts, 1976-77
  • Council for the Fund for Dispute Resolution, 1987-1991
  • American Bar Association, Task Force on Outreach to the Public, 1989
  • Data Collection Discussion Group, Carnegie Commission Task Force on Science and Technology in Judicial and Regulatory Decision-Making, August, 1992
  • Summer Seminar in Jurisprudence & Constitutional Theory, School of Law, New York University, July, 1994
  • Director, National Endowment for the Humanities Summer Seminar for College Teachers, 1986, 2002
  • Director, National Endowment for the Humanities Summer Seminar for School Teachers, 1995, 1997, 1999, 2000 and 2001
  • Beyond Ethics Task Force, ABA Section on Litigation, 1995-1998
  • President, AAUP, Amherst College, 1998-2000
  • 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-
  • Social Science Research Council Committee on Ethnic Customs, Assimilation and American Law, 1998-
  • American Bar Association, Public Education Advisory Commission, 2001-2003
  • Consultant, Brennan Center Project on Legal Services, 2002-2003
  • Board of Directors, Consortium of Undergraduate Law and Justice Programs, 2003-
  • Member, Program Advisory Board of the Feinberg Institute for the Comparative Study of Human Value and Public Life, University of Massachusetts, 2003-

Publications

• Books:
  • The Limits of Law , edited with Lawrence Douglas and Martha Umphrey, under review
  • The Death Penalty , anthology for The International Library of Criminology (advance contract, Dartmouth/Ashgate)
  • Race and The Death Penalty , edited with Charles Ogletree (advance contract, Northeastern University Press)
  • The Cultural Life of Capital Punishment: Comparative Perspectives , edited with Christian Boulanger (adavance contract, Stanford University Press)
  • Law on the Screen , edited with Lawrence Douglas and Martha Umphrey, (Stanford University Press, forthcoming, 2005)
  • The Worlds That Cause Lawyers Make: Structure and Agency in Legal Practice , edited with Stuart Scheingold (forthcoming, 2005, Stanford University Press)
  • Mercy on Trial: Clemency in the Killing State (advance contract, Princeton University Press)
  • Hollywood ' s Law: What Movies Do For Democracy , (advance contract, Oxford University Press)
  • Something to Believe In: Politics, Professionalism, and Cause Lawyers , with Stuart Scheingold, (Stanford University Press, forthcoming, 2004)
  • Law in the Liberal Arts , edited (Cornell University Press, forthcoming, 2004)
  • Dissent in Dangerous Times , edited (University of Michigan Press, forthcoming, 2004)
  • Blackwell Companion to Law and Society , edited (Blackwell Publishing, 2004)
  • The Social Organization of Law: Introductory Readings , edited (RoxburyPublishing, 2004)
  • The Place of Law, edited collection with Lawrence Douglas and Martha Umphrey (forthcoming, 2003)
  • Law's Madness, edited collection with Lawrence Douglas and Martha Umphrey (Ann Arbor: University of Michigan Press, forthcoming, 2002)
  • Cultural Studies and Law: Beyond Legal Realism in Interdisciplinary Legal Scholarship, edited collection, with Jonathan Simon (Duke University Press, forthcoming, 2003)
  • Blackwell Companion to Law and Society, edited collection (advance contract, Blackwell Publishing)
  • Looking Back At Law's Century: Time, Memory, and Change, edited with Bryant Garth and Robert Kagan (Cornell University Press, forthcoming, 2002)
  • The Social Organization of Law: An Introduction, edited collection (advance contract, Roxbury Publishing)
  • The Cultural Life of Law (advance contract University of California Press)
  • Lawyers for the Condemned (advance contract Oxford University Press)
  • Lives in the Law, edited with Lawrence Douglas and Martha Umphrey ((Ann Arbor: University of Michigan Press, forthcoming, 2002)
  • Law, Violence, and the Possibility of Justice, edited collection, (Princeton: Princeton University Press, 2001)
  • Cause Lawyering and the State in a Global Era, edited with Stuart Scheingold (New York: Oxford University Press, 2001)
  • Pain, Death, and the Law, edited collection, (Ann Arbor: University of Michigan Press, 2001)
  • When the State Kills: Capital Punishment and the American Condition (Princeton University Press, 2001)
  • Human Rights: Concepts, Contests, Contingencies, edited with Thomas R. Kearns (Ann Arbor: University of Michigan Press, 2001)
  • Cultural Pluralism. Identity Politics and the Law, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1999)
  • Social Science, Social Policy and the Law, edited with Patricia Ewick and Robert Kagan (New York; Russell Sage, 1999)
  • History, Memory, and the Law edited with Thomas Kearns (Ann Arbor: University of Michigan Press,1999)
  • The Killing State: Capital Punishment in Law, Politics, and Culture, edited collection (New York: Oxford University Press, 1999)
  • Crossing Boundaries: Traditions and Transformations in Law and Society Research, edited with Marianne Constable, David Engel, Valerie Hans, and Susan Lawrence (Evanston: Northwestern University Press, 1998)
  • How Does Law Matter?, edited with Bryant Garth (Evanston: Northwestern University Press, 1998)
  • Everyday Practices and Trouble Cases, edited with Marianne Constable, David Engel Valerie Hans, and Susan Lawrence (Evanston: Northwestern University Press, 1998)
  • Law in the Domains of Culture, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1998)
  • Justice and Power in Sociolegal Studies, edited with Bryant Garth (Evanston: Northwestern University Press, 1998)
  • Cause Lawyering: Political Commitments and Professional Responsibilities, edited 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 , edited collection (New York: Oxford University Press, 1997)
  • Justice and Injustice in Law and Legal Theory, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1996)
  • Liberal Modernism and Democratic Individuality: George Kateb and the Practice of Political Theory, edited with Dana Villa (Princeton: Princeton University Press, 1996)
  • Legal Rights: Philosophical and Historical Perspectives, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1996)
  • Identities, Politics, and Rights, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1995)
  • Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process, with William Felstiner (New York: Oxford University Press, 1995)
  • The Rhetoric of Law, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1994)
  • Law in Everyday Life, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1993)
  • Narrative, Law, and Violence: The Essays of Robert Cover, edited with Martha Minow and Michael Ryan (Ann Arbor: University of Michigan Press, 1992)
  • Law's Violence, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1992)
  • The Fate of Law, edited with Thomas Kearns (Ann Arbor: University of Michigan Press, 1991)
  • Sitting in Judgment: The Sentencing of White Collar Criminals, with Stan Wheeler and Ken Mann (New Haven: Yale University Press, 1988)
  • Civil Litigation Research Project, Final report to the National Institute of Justice, with David Trubek and others (1983)
  • The Policy Dilemma: Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-78, with Malcolm Feeley (Minneapolis: University of Minnesota Press, 1980)
  • 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)
  • “ At the Limits of Law: An Introduction, ” with Lawrence douglas and Martha Umphrey, in the Limits of Law , under review
  • “ Putting Culture Into the Picture: Toward a Compasrative Analysis of State Killing, ” with Christain Boulanger, in The Cultural Lives of Capital Punishmnent: Comparative Perspectives (forthcoming)
  • “ The Dynamics of Cause Lawyering: Constraints and Opporunities, ” with Stuart Scheingold, in The Worlds That Cause Lawyers Make: Structure and Agency in Legal Practice , (under review)
  • “ On Film and Law: Broadening the Focus, ” with Lawrence Douglas and Martha Umphrey in Law on the Screen , (forthcoming)
  • “ Hidden in Plain View: Murray Edelman in the Law and Society Tradition, ” with Patricia Ewick, Law and Social Inquiry (forthcoming, 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 Geroge Ryan ' s Clemency, ” North Carolina Law Review(2004)
  • “ 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)
  • “ Terrorism, Dissent, and Repression: An Introduction, ” in Dissent in Dangerous Times (forthcoming, 2004)
  • “ Legal Scholarship in the Liberal Arts: An Introduction ” in Law in the Liberal Arts (forthcoming, 2004)
  • “ Cause (Public Interest) Lawyers, ” Encyclopedia of Law and Society: American and Global Perspectives , David Clark, ed. (forthcoming, 2004)
  • “ Law ” in Social Science Encyclopedia , Jessica Kuper and Adam Kuper, eds. (forthcoming, 2004)
  • “ Presentist Preoccupations: Reflections on State Killing in the Contemporary United States, ” Historical Reflections (2003)
  • “ 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)
  • “ 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 (forthcoming, 2002)
  • "Where (or What) Is the Place of Law?: An Introduction," with Martha Umphrey and Lawrence Douglas, in The Place of Law (forthcoming, 2003)
  • "Can Liberals Fight Crime?" The American Prospect (July, 2001)
  • "Madness in Law: An Introduction," with Martha Umphrey and Lawrence Douglas, in Law's Madness (forthcoming, 2002)
  • "When Memory Speaks: Remembrance and Revenge in Unforgiven," in Breaking the Cycles of Hatred, edited by Nancy Rosenblum (Princeton University Press, forthcoming, 2002)
  • "Cruel and Unusual Punishment," in The Oxford Companion to American Law, Kermit Hall, ed. (forthcoming, 2002)
  • "Beyond Legal Realism?: Cultural Analysis, Cultural Studies, and The Situation of Legal Scholarship," Yale Journal of Law & the Humanities (forthcoming, 2001), with Jonathan Simon
    Also in Cultural Studies and Law: Beyond Legal Realism in Interdisciplinary Legal Scholarship, edited collection, with Jonathan Simon (Duke University Press, forthcoming, 2003)
  • "Theoretical Approaches to Lives in the Law: An Introduction," with Lawrence Douglas and Martha Umphrey in Lives in the Law (forthcoming, 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 (forthcoming, 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)
  • "The Micropolitics of Identity/Difference: Recognition and Accommodation in Everyday Life," Daedalus (2000)
  • "Capital Punishment in the Movies," The American Prospect (January, 2000)
  • "Popular Culture," in The Encyclopedia of Crime and Justice, Joshua Dressler, ed. (2001)
  • "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)
  • "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)
  • "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)
    Also to be published as "Why Can't We Just Get Along": An Idiosyncratic, Autobiographical Account of One Person's Engagement With Interdisciplinary Legal Scholarship," in A Guide to Contemporary Legal Theory, eds. Robert Gordon and Margaret Radin (forthcoming, 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)
  • "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).
  • "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 of Death," 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)
  • "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)
  • "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)
  • "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
  • "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)
  • "The Concept of Boundaries in the Practices and Products of Sociolegal Scholarship: An Introduction," in Crossing Boundaries: Traditions and Transformations in Law 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).
  • "Traditions and Trajectories in Law and Humanities Scholarship," Yale Journal of Law & the Humanities (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.
  • "Abolitionism as Legal Conservatism: the American Bar Association, the Death Penalty, and Our Continuing Anxiety About Law's Violence," Theory & Event (1997).
  • "Criminal Law" in New Perspectives on American Law: An Introduction to Private Law in Politics and Society, Lief Carter et. al. eds.(1997).
  • "Vengeance, Victims and the Identities of Law," Social and Legal Studies: An International Journal (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)
  • "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).
  • "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).
  • "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)
  • "Editorial Introduction," in Identities, Politics, and Rights, with Thomas Kearns (1995)
  • "Beyond Criticism: Law, Power and Ethics," Social and Legal Studies: An International Journal, with Alison Young (1994)
  • "Editorial Introduction" in The Rhetoric of Law, with Thomas Kearns (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 Ethography: 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
  • "Patrick Phear: Control, Commitment, and Minor Miracles in Family and Divorce Mediation," in When Talk Works: Profiles of Mediators, Deborah Kolb, ed. (1994)
  • "Law's Two Lives: Humanist Visions and Professional Education," Yale Journal of Law & the Humanities (Winter, 1993)
  • "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
  • "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)
  • "Making Peace With Violence," with Thomas Kearns, in Law's Violence, eds. Austin Sarat and Thomas Kearns (1992)
  • "Editorial Introduction," in Law's Violence, with Thomas Kearns
  • "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)
  • "Crossing Boundaries: Teaching Law in the Liberal Arts," in Teaching What We Do, ed. Peter Pouncey (1991)
  • "Lawyers and Clients: Putting Professional Service on the Agenda of Legal Education," Journal of Legal Education (March, 1991)
  • "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
  • "'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
  • "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
  • "D'une demarche conestataire a un savoir meritocratique," Actes De La Recherche(1989), with Yves Dezalay and Susan Silbey
  • "Beyond Rehabilitation," in Crime and Punishment, ed. Fred Baumann and Kenneth Jensen (University of Virginia Press, 1989)
  • "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)
  • "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)
  • "Critical Traditions in Law and Society Research," with Susan Silbey, Law and Society Review (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)
  • "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)
  • "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)
  • "Informalism, Delegalization and the Future of the American Legal Profession: Review of The Politics of Informal Justice," Stanford Law Review (July 1983)
  • "Whither Political Jurisprudence," with Harry Stumpf and others, Western Political Quarterly (December 1983)
  • "Abortion and the Supreme Court," in Policy and Politics in America, ed. Allan Sindler
  • "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)
  • "Judicial Capacity: Courts, Court Reform and the Limits of the Judicial Process," in The Analysis of Judicial Reform, P. Dubois, ed.
  • "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)
  • "Doing the Dirty Business of Coping With Crime," in New Perspectives on Criminal Courts, ed. Peter Nardulli
  • "Constitutionalism and American Politics," Polity (Summer 1979)
  • "Incrementalism and Justice: Bargaining for Justice," Law and Society Review (1979)
  • "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)
  • "Re-examining the Nature and Function of Trial Courts," Judicature (February 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)
  • "Deterrence and the Constitution: On the Limits of Capital Punishment," Journal of Behavioral Economics (Summer 1977)
  • "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)
• Brief Book Reviews
  • Brown v. Bosrd of Education: Caste, Culture, and the Constitution , by Robert Cottrol, et. al., Choice (forthcoming)
  • Welfare & The Constitution , by Sotirios Barber, Choice (forthcoming)
  • Murder and the Reasonable Man: Passion and Fear in the Criminal Courtroom , by Cynthia Lee, Choice (forthcoming)
  • 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)
  • 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 20^th-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: Eace, 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)
  • 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)