Looking for law in all the wrong places

Looking for Law in All the Wrong Places Berkeley Forum in the Humanities Looking for Law in All the Wrong Places Justice Beyond and Between Marianne Constable, Leti Volpp, and Bryan Wagner, Editors Townsend Center for the Humanities University of California, Berkeley Fordham University Press New York Copyright 2019 © The Regents of the University of California All rights reserved No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means—electronic, mechanical, photocopy, recording, or any other—except for brief quotations in printed reviews, without the prior permission of the publisher The publishers have no responsibility for the persistence or accuracy of URLs for external or third-party Internet websites referred to in this publication and not guarantee that any content on such websites is, or will remain, accurate or appropriate The publishers also produce their books in a variety of electronic formats Some content that appears in print may not be available in electronic books Library of Congress Cataloging-in-Publication Data Names: Constable, Marianne, editor | Volpp, Leti, editor | Wagner, Bryan, editor | Doreen B Townsend Center for the Humanities, sponsoring body Title: Looking for law in all the wrong places : justice beyond and between / Marianne Constable, Leti Volpp, and Bryan Wagner, Editors ; Townsend Center for the Humanities, University of California, Berkeley Description: New York : Fordham University Press, 2019 | “The volume itself grew out of the Strategic Working Group on Law and the Humanities, which was funded by a Mellon Grant under the auspices of the Townsend Center for the Humanities, for which we are grateful.” | Includes bibliographical references and index Identifiers: LCCN 2018059011| ISBN 9780823283712 (cloth : alk paper) | ISBN 9780823283705 (pbk : alk paper) Subjects: LCSH: Sociological jurisprudence | Law and literature | Law—Social aspects—United States Classification: LCC K376 L66 2019 | DDC 340/.115—dc23 LC record available at https://lccn.loc.gov/2018059011 Printed in the United States of America 20 19 18 54321 First edition Contents Introduction Marianne Constable, Leti Volpp, and Bryan Wagner P laces The Wild Life of Law: Domesticating Nature in the Bering Sea, c 1893 Rebecca M McLennan 15 Before Emptiness: On the Destructiveness and Impotence of Law Samera Esmeir 37 Spun Dry: Mobility and Jurisdiction in Northern Australia Daniel Fisher 62 Signs of Authority in Indian Country Beth H Piatote 85 M eMbershiP Signs of Law Leti Volpp 103 After Obergefell: On Marriage and Belonging in Carson McCullers’s Member of the Wedding Sarah Song 131 Secularism, Family Law, and Gender Inequality Saba Mahmood 145 r eligion When Persons Become Firms and Firms Become Persons: Neoliberal Jurisprudence and Evangelical Christianity in Burwell v Hobby Lobby Stores, Inc Wendy Brown 169 Is There Jewish Law? The Case of Josephus Daniel Boyarin 189 10 The Protestant Power of Attorney of 1531: A Legalistic History of the Early Reformation in Germany Sara Ludin 201 vi CONTENTS 11 Looking for Law in The Confessions of Nat Turner Christopher Tomlins 225 P erforMance 12 A Vigil at the End of the World Kathryn Abrams 247 13 Invention and Process in Bilski Marianne Constable 258 14 “Erudite Curiosity”: The Trial of Jean-Jacques Pauvert, Publisher of the Complete Works of the Marquis de Sade, Paris 1958 Ramona Naddaff 273 15 The Trial of Romeo Rosebud Bryan Wagner 287 List of Contributors 299 Index 303 CONTENTS vii Looking for Law in All the Wrong Places accessible only when we look beyond the treatises, statutes, and decisions that have been the preferred sources for historians to consider the strange and spectacular ways in which knowledge of the law has been diffused If the law is often understood in relation to hypothetical individuals with capacities for intention and action, this approach is foreign to the minor judiciary just as it is also foreign to other legal arenas—such as plea bargaining and jailhouse hearings—where supplicants are always intelligible from the outset as a certain kind of person The only question in these cases is how the role is going to be played Notes 296 Robert C Toll, Blacking up: The Minstrel Show in Nineteenth Century America (New York: Oxford University Press, 1974), 25–64 George H Coes, The Police Court an Ethiopian Act in One Scene (Boston: W H Baker, 1895) Other examples of police court set-pieces from blackface minstrelsy and vaudeville include the following Leoni and Everett, Scenes in a Police Court: Leoni & Everett’s Comic Success (New York: M Witmark and Sons, 1893) Cal Stewart, Uncle Josh in a Police Court (Orange, NJ: National Phonograph Company, 1902) George Graham, Police Court Scene (Washington, DC: Berliner Gramophone, 1899) Harry L Newton, Good Mornin’, Judge: A Minstrel Afterpiece (Chicago: T S Denison, 1915) Coes, Police Court, “Performance,” Julie Stone Peters proposes, “makes authority visual, palpable, bodily” and therefore “accessible to the senses.” Performance “transcends the demand for rational justification,” undercutting the conventional understanding of law as based in reasoned deliberation Julie Stone Peters, “Legal Performance Good and Bad.” Law, Culture and the Humanities (2008): 180 See also Jonas Barish, The Antitheatrical Prejudice (Berkeley: University of California Press, 1966) Peters, “Legal Performance,” 179–200 Peter Goodrich, “Europe in America: Grammatology, Legal Studies, and the Politics of Transmission,” Columbia Law Review 101 (2001): 2033–84 Pierre Legendre, Le Désir Politique de Dieu: Étude su Les Montages de l’État et du Droit (Paris: Fayard, 1988) Coes, Police Court, 3–5 Paul Hammond and Patrick Hughes, Upon the Pun: Dual Meaning in Words and Pictures (London: W H Allen, 1978) Coes, Police Court, 3–5 bryaN WagNEr Laura F Edwards, The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (Chapel Hill: University of North Carolina Press, 2009) Michael Willrich, City of Courts: Socializing Justice in Progressive Era Chicago (Cambridge: Cambridge University Press, 2003) John R Wunder, Inferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853–1889 (Westport: Greenwood Press, 1979) Richmond Dispatch, January 1866 New Orleans Daily Picayune, April 1866 Atlanta Constitution, 17 March 1901 Mary Roberts Smith, “The Social Aspect of New York Police Courts,” American Journal of Sociology (1899): 145–54 Alexander Saxton, “Problems of Class and Race in the Origins of the Mass Circulation Press,” American Quarterly 36 (1984): 211–34 Nashville Daily Press, 28 February 1866 Savannah Daily Herald, 10 September 1867 The Inter-Ocean, 14 December 1887 Richmond Dispatch, 19 May 1866 Atlanta Daily Herald, October 1873 Atlanta Daily Herald, 19 June 73 Richmond Dispatch, August 1867 Nashville Daily Press, April 1865 Louisville Courier Journal, 29 December 1868 Atlanta Constitution, 26 August 1880 Guthrie Daily Leader, May 1900 Acadian Recorder, 23 November 1896 For examples, see G H Coes and H H Wheeler, Up-to-Date Minstrel Jokes: A Collection of the Latest and Most Popular Jokes, Talks, Stump-Speeches, Conundrums and Monologues (Boston: Up-to-Date Publishing Company, 1902), 5–36 10 “The Police Court,” Journal of the American Institute of Criminal Law and Criminology (1 November 1916): 627 Barbara Yngvesson, “Making Law at the Doorway: The Clerk, the Court, and the Construction of Community in a New England Town,” Law & Society Review (1988): 409–48 J M Mayer, “Administration of Criminal Law in the Inferior Courts,” The Annals of the American Academy of Political and Social Science 36 (1910): 169–74 11 Goodrich, “Europe in America,” 2077 Coes, Police Court, 3–4 12 Coes, Police Court, 3–5 The Trial of Romeo Rosebud 297 Contributors K A T H R Y N A B R A M S is the Herma Hill Kay Distinguished Professor of Law at the University of California, Berkeley Her scholarship focuses on feminist jurisprudence D A N I E L B O Y A R I N is the Hermann P and Sophia Taubman Professor of Talmudic Culture at the University of California, Berkeley His books include Imagine No Religion (2016), A Traveling Homeland (2015), and The Jewish Gospels (2013) W E N D Y B R O W N is Class of 1936 First Chair in the Department of Political Science at the University of California, Berkeley Brown’s recent books include Undoing the Demos: Neoliberalism, Democracy, Citizenship (2015), The Power of Tolerance (with Rainer Forst, 2014), and Walled States, Waning Sovereignty (2010) She is currently completing a book on the neoliberal origins of the recent hard-right and anti-democratic turn in Europe and the United States M A R I A N N E C O N S T A B L E is a professor of rhetoric at the University of California, Berkeley, with a broad interest in legal studies Her books include Our Word Is Our Bond: How Legal Speech Acts (2014) and Just Silences: The Limits and Possibilities of Modern Law (2004) Her current research focuses on law, language, and history Among other projects, she is working on a book about women who killed their husbands and ostensibly got away with it under something called the “new unwritten law.” S A M E R A E S M E I R is an associate professor of rhetoric at the University of California, Berkeley Her first book is Juridical Humanity: A Colonial History (2012) She is working on a book that examines the encounter between revolutions and different legal traditions since the eighteenth century D A N I E L F I S H E R is an associate professor of anthropology at the University of California, Berkeley He is the author of The Voice and Its Doubles: Music and Media in Northern Australia (2016) and is completing a second book addressed to questions of Indigenous urbanization in northern Australia and the predicaments of displacement and dispersal it entails S A R A L U D I N is a PhD candidate in the Jurisprudence and Social Policy Program at the University of California, Berkeley Her dissertation explores the Reformation via dispute resolution in the courts She argues that courts provided one setting in which various parties were called upon to articulate, in the course of settling mundane disputes, what counted as a “matter of religion.” S A B A M A H M O O D (1962–2018) was a professor of anthropology at the University of California, Berkeley Her work focused on questions of secularism, religion, gender, and embodiment. Her books include Politics of Piety: the Islamic Revival and the Feminist Subject 300 CONTribuTOrS (2004) and Religious Difference in a Secular Age: A Minority Report (2016) R E B E C C A M M C L E N N A N is an associate professor of history at the University of California, Berkeley Her research focuses on North America with an emphasis on nineteenth- and twentieth-century U.S legal, social, and, in more recent years, environmental history Her current book project, “The Wild Life of Law: The Bering Sea Crisis and the Legal Construction of Nature,” brings environmental, legal, and international history together via a study of the conflict between the U.S., Britain, Canada, Russia, and Japan over the legal status of the Bering Sea and its biota in the late nineteenth century R A M O N A N A D D A F F is an associate professor of rhetoric at the University of California, Berkeley, director of the Art of Writing at the Townsend Center of the Humanities, and an editor and director of Zone Books. Author of Exiling the Poets (2003), she is currently working on a book provisionally titled “A Writer’s Trials: On the Writing, Editing and Censorship of Madame Bovary.” B E T H H P I A T O T E is an associate professor of Native American studies and affiliated faculty in American studies and the Department of Linguistics at University of California, Berkeley She is the author of Domestic Subjects: Gender, Citizenship, and Law in Native American Literature (2013) Her current work focuses on the animation of Indigenous law in literature, Indigenous language revitalization, and Nez Perce language and literature S A R A H S O N G is a political theorist with a special interest in issues of membership and migration She teaches in the Jurisprudence and Social Policy Program at UC Berkeley Law School and is the author of Immigration and the Limits of Democracy (2018) Contributors 301 C H R I S T O P H E R T O M L I N S is the Elizabeth Josselyn Boalt Professor of Law at the University of California, Berkeley, and an affiliated research professor of the American Bar Foundation, Chicago His research concentrates on Anglo-American legal history from the sixteenth to the twentieth centuries His most recent book is Searching for Contemporary Legal Thought (2017), coedited with Justin Desautels-Stein, and he is currently working on a history of the Turner Rebellion and slavery in antebellum Virginia L E T I V O L P P is the Robert D and Leslie Kay Raven Professor of Law at the University of California, Berkeley, where she also serves as the director of the Center for Race & Gender. Her work focuses on questions of citizenship, migration, culture, and identity B R Y A N W A G N E R is an associate professor in the English Department at the University of California, Berkeley He has published Disturbing the Peace: Black Culture and the Police Power after Slavery (2009) and The Tar Baby: A Global History (2017) 302 CONTribuTOrS Index aboriginal peoples, 6, 62–84 See also specific groups Abrams, Kathryn, 9, 247–57 Absentee Property Law (Israeli), 44–58 abstract ideas (patentability of), 261–66, 269–70 Acadian Recorder, 292 actio, 259 Adalah (Legal Center for Arab Minority Rights in Israel), 50–51, 60n18, 61n22 affect, 9, 136–38, 155–59, 247–57, 288–90 See also emotion Affordable Care Act, 169–70, 178, 186n2, 186n4 Against Apion (Josephus), 190–99 Alaska Commercial Company, 15–16, 29, 31 Alito, Samuel, 176, 182–84, 261 Amir, Yehoshua, 198–99 Andrews, William M., 231–32 anguish, 9, 250–57, 256n7 animals, 4, 17–33, 35n22 annihilation, 37–61 Antoon, Sinan, 55, 160n12 Augsburg Diet, 201–2, 205–7, 217 Austin, J L., 261, 263–64 Banksy, 120–22, 126 Barclay, John, 194–95 Bataille, George, 273, 276, 278, 280–82, 284n7 belonging: kinship, 131–44; national, 103–30, 139–40, 247–57; power of attorney and, 202–16 See also kinship relations; membership Bennett, Jane, 19, 33n10 Bering Sea, 4, 15–36 Bilski v Kappos, 9–10, 258–72 blackface performances, 10–11, 287–95 body, the, 9, 109–14, 203–4, 208, 247–57 Border Protection, Anti-terrorism and Illegal Immigration Control Act of 2005, 118 Boyarin, Daniel, 8, 189–200 Breton, André, 276, 280, 285n20 Breyer, Stephen, 261–62, 265 British Mandate (Palestine), 5, 37–61 Brown, Wendy, 7–8, 169–88 Bureau of Indian Affairs, 85–86, 94–99 Burwell v Hobby Lobby, 7–8, 169–85 business methods (patentability of), 263–67, 269–71 Caltrans (California Department of Transportation), 103–6, 111, 114, 122, 127, 128n18 case files, 202–3, 217–18 caution signs, 103–30 censorship, 274–84 Chae Chan Ping v U.S., 111–12 citizenship: annexed territories and, 31–32; de facto, 254–55; DREAMers and, 248–57; Native Americans and, 87–88; neoliberal, 179–87; rights discourses and, 179–86; settler colonialism and, 44 See also belonging; law Citizens United v FEC, 173–74, 181, 185–86 claims-making, 10, 175–76, 209–10, 247–57, 259, 265–72 Cobb, Jeremiah, 232–33, 237–38 Cocteau, Jean, 276, 278–79, 285n16 Coes, George H., 287–90, 293 Comaroff, John and Jean, 64, 81 confessions, 9, 228–38 The Confessions of Nat Turner (Turner and Gray), 9, 227–40 conscience claims, 175–78, 181–82, 184 Constable, Marianne, 9, 258–72 contraception, 169–85 Coptic Christians, 145–65 304 INDEX corporations, 7–8, 168–86 See also specific corporations Custodian of Absentees’ Property, 45, 47–51, 53–54 Cutter v Wilkinson, 172 DACA (Deferred Action for Childhood Arrivals), 112–14 DAPA (Deferred Action for Parents of Americans), 112–14 Darwish, Mahmoud, 55–56 de Beauvoir, Simone, 276–77 deportations, 248–57 See also ICE (Immigration and Customs Enforcement); immigration and immigrants Development Authority, 50–52 Dick, Rosalie, 87, 90, 96 Dick, Sally, 87, 90, 96 Dictionary Act (1871), 170–71, 182, 187n6 dispositio, 259 Don Dale Juvenile Justice Center, 63–65 DREAM Act, 116–18, 248–49, 252, 256n1 ecological consciousness, 24–32, 92 Egypt, 7, 145–65, 163n29 Elliott, Henry Wood, 24, 29, 30, 32n2, 35n29 elocutio, 259 Emergency Regulations Laws See Israeli Absentee Property Laws emotion, 9, 247–57 See also affect Employment Division v Smith, 172 emptiness, 45–58 Esmeir, Samera, 5, 37–61 ethnography, 4, 6, 65–80 evidence (legal), 228–29, 234 “Exile” (Darwish), 55–56 extinction, 19, 22, 28–29 family law, 146–59 family separation, 250–57 Feige, Johannes, 205–7, 221n25 ferae naturae, 24–25, 27 fetishization, 39–40, 265 First Amendment (to the Constitution), 171–74, 182 Fisher, Daniel, 5, 62–84 Flatto, David, 194, 199n7 Foster, Sharon Ewell, 227, 241n37 France, 155–56, 159 Free Exercise Clause, 171–76, 182–83, 185 friendship, 142–43 “The Fur-Seal Industry” (Elliott), 24 Garỗon, Maurice, 27576, 283 gender: law and, 8692, 14565, 173–76, 248, 293; place and, 86–92; police courts and, 293 See also family law; kinship relations; sexual regulation; women genre, 230–31, 234–35, 274–84, 287–90 German Imperial Chamber Court, 8, 201–18 Ginsberg, Ruth Bader, 187n7, 261 Gottfried, Valentin, 212–14 Gray, Thomas Ruffin, 9, 226–40, 239n11 Griswold v Connecticut, 175–76 Habab v The Custodian of Absentee Property, 47 Haifa, 5, 37–61 Halley, Janet, 155, 158 Harris v McRae, 175 healthcare refusals, 176, 184 Helfmann, Johann, 208 Hermer, Joe, 106, 108 Hirter, Ludwig, 208, 212, 214–15, 223n50 Holy Roman Empire, 8, 201–18 Hosanna-Tabor Evangelical Lutheran Church and School v Equal Employment Opportunity Commission, 172 hunger strikes, 252–53 Hunt, Alan, 106, 108 Hurricane Katrina, 120–21 ICE (Immigration and Customs Enforcement), 250, 252 immigration and immigrants: assimilation narratives and, 249– 50, 254–55; bodily performance and, 247–57; death and, 105–6; as impossible subjects, 109; mobility of, 103–30; opposition to, 109–14, 123–24; policies governing, 111–19, 122–23 See also belonging; law; mobility Immigration Reform and Control Act (IRCA), 110 Imperial Chamber Court, 202–18 impotence (of the law), 55–59 Indian reservations, 6, 85–99 Indigenous persons, 6, 22, 24–26, 30, 62–99 See also specific groups INS (Immigration and Naturalization Service), 105 invention / inventio, 258, 260–65, 270–72 Islamic Society Boys School, 48–49 Israeli Absentee Property Laws, 5, 37–61 Israel Land Administration Law, 50 Jackson, Jack, 170, 174 Josephus, 8, 189–200 Judaeans, 192–99 Judaism, 8, 189–200 jurisdictional issues See place(s) Justinian, 25–26, 209–10 Kanafani, Ghassan, 37–39 kápin, 85–88, 91–93 Kennedy, Anthony, 131–32, 174, 181, 185, 259, 261–63, 265–71 Kilgore, John Mac, 231–32 kinship relations, 7, 131–46, 152–54, 158–59, 165n49, 173–77, 248–57 See also family law; marriage Kipling, Rudyard, 15, 18, 26 INDEX 305 Land Rights Act, 72, 79 language: addressees of, 6–7, 103–30; metaphysics of, 9–10, 265–72; obscenity and, 10, 273– 84; official graffiti and, 106–7; speech acts and, 9, 258–72; wordplay and, 289–91 Larrakia communities, 5, 62–84 Legal Center for Arab Minority Rights in Israel (Adalah), 50–51, 60n18, 61n22 legal pluralism, 18–19, 62–84, 86–99, 147–65 literature (vs philosophy), 10, 273–84 Litisconsorten, 207–14 long grassers, 70–82 Ludin, Sara, 8, 201–24 machine-or-transformation test, 263–64, 269 Mahmood, Saba, 7, 145–65 mare clausum, 21, 25 marriage, 7, 131–46, 152–54, 158–59, 165n49, 173–74, 176–77 McCullers, Carson, 7, 131–44 McLennan, Rebecca M., 4–5, 15–36 Member of the Wedding (film), 139 Member of the Wedding (McCullers), 7, 131–44 membership, 136–38 See also belonging memoria, 259 memory, 38–39 metaphysics, 9–10, 260, 265–72 minstrel shows, 10–11, 287–95 Mixed Tribunals, 157–58, 164n46 mobility: law and, 63–65, 70–82, 103–30; places and, 6, 62–84; policing of, 63–65, 70–82, 103– 30, 247–57 See also immigration and immigrants; policing modern era (of law), 2–3, 151–53 morality, 153–54, 177–86, 273–84 Muslims, 145–65 Must We Burn de Sade? (de Beauvoir), 276 306 INDEX Myriad decision, 268 Naddaff, Ramona, 10, 273–86 Native Title legislation, 72, 79 NeJaime, Douglas, 175, 184, 188n29 neoliberalism, 7–8, 169–88 New York Sun, 292 New York Times, 173 Nietzsche, Friedrich, 10, 260, 265, 270–72, 283 night patrols, 5, 62–84 1948 war, 43–44, 53–54 nomos, 8, 189–200 North American Commercial Company, 36n30 Northern Territory (Australia), 5, 62–84 North Pacific Fur Seal Convention (1911), 4–5, 18, 30, 35n29 Obamacare, 169–70 Obergefell v Hodges, 7, 131–44 Office of the Custodian, 46–47, 50, 53–54 See also Custodian of Absentees’ Property “Official Graffiti of the Everyday” (Hermer and Hunt), 106 Operation Chametz, 43 Operation Gatekeeper, 105, 109 Operation Misparayim, 43 Ottoman Empire, 156–58 Paris Arbitration Tribunal, 17, 19, 21, 28, 31 Parker, James W., 226, 234 Patent Act, 258, 263–66, 270 patent law, 9–10, 258–72 Paulhan, Jean, 275–76, 278, 282–83 Pauvert, Jean-Jacques, 10, 273–84 PEGIDA (Patriotische Europäer Gegen die Islamisierung des Abendlanes), 124–26 performance: definitions of, 295n3; of emotion, 9–10, 247–57; of police court procedures, 10 –11; speech acts as, 9–10, 260 –72; theatricality and, 289–95 philosophy (vs literature), 10, 273–84 Piatote, Beth H., 6, 85–99 place(s): emptiness and, 5, 37–61; gender and, 86–92; geography and, 1–2; jurisdictional issues and, 16–34, 62–99; legal pluralism and, 18–19, 24–28, 70–79, 87–89, 95; mobility and, 5–6, 62–84; practices and, 1–2; sovereignty and, 22, 67–72; unincorporated, 4, 15–36 See also law; sovereignty Planned Parenthood v Casey, 176 Planning and Construction Law, 56 Plato, 193, 282 Plyler v Doe, 117 The Police Court (Coes), 287–91, 293–94 police courts, 4, 10–11, 287–95 policing, 5; abuse and, 63–64; jurisdictional concerns and, 66–70, 78–79; of mobility, 63–65, 70–82, 103–30, 247–57; night patrols and, 65–70, 73–82 politeuma, 192–94 pornography, 274–84 power of attorney, 8, 201–18 present absentees, 46–47 “The Problems of Canon Formation and the ‘Example’ of Sade” (Hulbert), 278 processes (in patent law), 259–60, 263–64, 269–72 Proposition 187 (California), 128n18 Public Law 280, 95 Public Ministry v Jean-Jacques Pauvert, 274–84 Qustuntin, Wafa, 146–48, 161n16 racism, 68–70, 139, 225–38, 289–90, 294–95 Reformation, 8, 201–18 religion: confession and, 9, 225–38; definitions of, 190–98; exemptions and, 169–85; family law and, 146–65; Litisconsorten concept and, 207–16; metaphysics of, 267–68, 271–72; neoliberalism and, 7–8, 169–84; Nietzsche and, 260; nomos and, 8; power of attorney and, 201–18; profane power and, 232–38; redemption and, 236–38; sectarian relations and, 7–8, 145–65; secularism and, 145–65 Requisition of Property Law (Israeli), 44–45 The Resurrection of Nat Turner (Foster), 241n37 Returning to Haifa (Kanafani), 37–39 RFRA (Religious Freedom Restoration Act), 170–72 rights discourses, 172–73, 179–86 Rittich, Kerry, 155, 158 road signs, 4, 6–7, 85–99, 103–30 Roberts, John, 261 Roe v Wade, 175 ruins, 5, 37–61 Sade (Marquis de), 10, 273–84 Savannah Daily Herald, 292 Scabbyrobe, Louise Weaseltail, 87, 90, 96 Scales, Laura Thiemann, 231–32 Scalia, Antonin, 261–62, 267–69 Schmalkaldic League Recess, 205 science (law as), 19–21, 26–28 seal wars, 4, 15–36 secularism, 145–63, 232–38 Seigel, Reva, 175, 184, 188n29 settler colonialism, 5–6, 37–61, 68–69, 94–99, 151, 161n19 sexual regulation, 145–63 See also marriage Shehata, Camilia, 146–48, 161n16 Sherbert v Verner, 171 signs: audiences of, 6–7, 106–8; images of, 87, 104, 108, 111, 115– INDEX 307 16, 121; jurisdictional boundaries and, 16–34, 62–99, 103–30; official graffiti and, 106–7 Sim‛an, Habib Ibrahim, 45–46, 49–51, 53–54, 57, 59n1 Smith, Caleb, 232–33, 237–38, 241n34 Sonbol, Amira, 153, 163n28 Song, Sarah, 7, 131–44 Sotomayor, Sonia, 261 sovereignty: Indigenous, 69, 72, 79, 81, 95; place and, 22, 67–72; popular, 181; public vs private domain and, 153–54, 164, 180, 274 See also law speech acts, 258–72 Stanley-Brown, Joseph, 23, 34n15 Stanton Street (Haifa), 5, 37–61 Stevens, John Paul, 259, 261, 263–64, 266–67, 269–71 Strategic Working Group on Law and the Humanities, 1–11 Sundquist, Eric, 230–31 surveillance, 71–82 terra nullius, 25–26, 68–69, 79 theater scripts, 4, 10–11, 287–95 theocracy, 192–99 See also law; religion Thomas, Clarence, 261 Tomlins, Christopher, 9, 225–44 Torah, 190–99 308 INDEX Townsend Center for the Humanities, 11 “Trail to End Deportations” march, 247–49 translation, 189–99 The Treasure of the Sierra Madre (film), 113 Treaty of 1855, 85–86, 88–89, 96n1, 97n9 Trezvant, James, 226, 234, 242n39 Turner, Nat, 225–38, 244n52 Tuxámshish, 90, 92–93 Unangan peoples, 22–23, 30–31, 36n30 vigils, 9, 247–57 Vogelmann, Ludwig, 211, 215 Volpp, Leti, 6, 103–30 Wadi al-Salib neighborhood, 42–44, 47–50, 52 Wagner, Bryan, 10, 287–95 war, 37–58 Weidner, Wolfgang, 211–14 women, 87, 90, 96, 148–65 See also gender wordplay, 289–91 Yakama people, 6, 85–99 Yakima Tribal Council, 93 Ya Maryam (Antoon), 160n12 Zink, Wolfgang, 122–23 .. .Looking for Law in All the Wrong Places Berkeley Forum in the Humanities Looking for Law in All the Wrong Places Justice Beyond and Between Marianne... thank them and others for helping make UC Berkeley the “right place” for ? ?looking for law in all the wrong places? ??: Steven Best, Mark Brilliant, Judith Butler, Robin Einhorn, Mariane Ferme, Kinch... of the United States, the Americans, according to British counsel in Paris, were looking for law in all the wrong places But were they? Here it’s worth considering that, not coincidentally, the