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Contents

Introduction: Mythologies, Mental Shortcuts, Rationalizations, Impressions

1. Mythologies of Racism

~ Fear, Loathing, and Myth I: The Japanese Internment and Manipulated Fear

~ Fear, Loathing, and Myth II: “Separate but Equal” and the Land Where Supreme Court Justices Dwell

~ The Last Gasp of “Separate but Equal”

~ The Persistence of Racist Mythologies

2. Mythologies of Criminal Justice

~ Palladiums and Citadels

~ Mass Incarceration and Social Control

~ The Mythology of Fair Trial

~ Plea Bargains: The Mythology of Consent

~ Point: Orlando Hall, the “Other,” and Ineffective Counsel

Objectively Ineffective

~ Counterpoint: Clarence Darrow Confronts Racist Mythology

~ Albert Camus’s The Stranger: Mythologies of Trial and Colonial Mentality

~ Battling for Defendant Rights

3. Mythologies of Free Expression

~ The Marketplace of Ideas

~ State Repression

~ Who Owns the Streets?

~ But for Colporteurs, Maybe Anything Goes

~ Abolishing “Feudalism”: A Mythology of Freedom

~ The Evanescence of Custom

~ SLAPP-Happy: Fries with That

~ A Lawsuit Lovely as a Tree

~ Radio Days: The Property Norm Devours the Mythology of Free Expression

~ As Seen on TV

~ The Pentagon Papers: Privatizing John Adams’s “General Knowledge”

4. Mythologies of Worker Rights

~ Who Is Intimidating Whom?

~ Contract, Conspiracy, and Worker Consent

~ The Nineteenth-Century Worker in the Courts

~Shakespeare on Worker Consent

~ Smithfield Redux: Community Organizing and Employer Consent

~ Sickening Opposition to Workers’ Rights

5. Mythologies of International Human Rights

~ The Kiobel Case: “United States Law … Does Not Rule the World”

~ O Tortured Workers, Won’t You Make Me a Mercedes-Benz

Notes

Index