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"This book explores the complex ways in which political debates and legal reforms regarding the criminalization of racial violence have shaped the development of American racial history. Spanning previous campaigns for criminalizing slave abuse, lynching, and Klan violence and contemporary debates about the legal response to hate crimes, this book reveals both continuity and change in terms of the political forces underpinning the enactment of new laws regarding racial violence in different periods and of the social and institutional problems that hinder the effective enforcement of these laws. A thought-provoking analysis of how criminal law reflects and constructs social norms, this book offers a new historical and theoretical perspective for analyzing the limits of current attempts to use criminal legislation as a weapon against racism"--

There is a crack in everything — that's how the light gets in Leonard Cohen, Anthem In an era often characterized as one of growing convergence of the laws governing criminal activities in different countries, the issue-area of cannabis policy undergoes processes of fragmentation and polarization. Some countries continue to criminalize all forms of medical and recreational uses of cannabis. Others have sought to "separate the market" for cannabis from that of other drugs by decriminalizing the possession of small amounts of marijuana, authorizing its use for medical purposes, and establishing administrative measures for taxing and regulating the commercial sale of the drug. This Article explores the causes and consequences of the decline of the transnational legal order of cannabis prohibition. It shows how the erosion of the regulatory capacities of this transnational legal order reflects deepseated political conflicts over the legitimacy of prohibition norms in this field. It analyzes the ways in which conflicting regulatory approaches become institutionalized as a consequence of the structural mismatch between the actors framing the meaning of cannabis prohibition norms at the international level and the actors implementing these norms in national and local contexts. Finally, the Article shows how this transnational legal order has created path-dependent trajectories of legal change that continue to shape domestic drug policies.

The Transnational Legal Ordering of Criminal Justice Legal Ordering of Criminal Justice / Ely Aaronson and Gregory Shaffer -- Why Do Transnational Legal Orders Persist? : The Curious Case of Money Laundering / Terence Halliday, Michael Levi and Peter Reuter -- Transnational Criminal Law or the Transnational Legal Ordering of Corruption? : Theorizing Australian Foreign Bribery Reforms / Radha Ivory -- Transnational Criminal Law in a Globalized World : The Case of Trafficking / Prabha Kotiswaran -- The Criminalization of Migration : A Regional Transnational Legal Order or the Rise of a Meta-TLO? / Vanessa Barker -- The Strange Career of the Transnational Legal Order of Cannabis Prohibition / Ely Aaronson -- The Anti-Impunity Transnational Legal Order for Human Rights : Formation, Institutionalization, Consequences, and the Case of Darfur / Joachim J. Savelsberg -- Colombian Transitional Justice and the Political Economy of the Anti--impunity Transnational Legal Order / Manuel Iturralde -- International Prison Standards and Transnational Criminal Justice / Dirk van Zyl Smit -- The Transnational Legal Ordering of the Death Penalty / Stefanie Neumeier and Wayne Sandholtz -- Performance, Power, and Transnational Legal Ordering : Addressing Sexual Violence as a Human Rights Concern / Ioana Sendroiu and Ron Levi -- Conclusions : A Processual Approach to Transnational Legal Orders / Sally Engle Merry.

AbstractRecent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory‐building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long‐standing patterns of using drug law as a means for racialized social control.