New Books In Law

America has the largest incarcerated population in the world. This staggering and troubling fact has driven a great deal of scholarship. Much of this research has shown that mass incarceration in America is facilitated by systemic racial discrimination, which disproportionately affects African-American and Latinx communities. Only recently have scholars focused on the role of religion in American prisons. In American Prisons: A Critical Primer on Culture and Conversion to Islam (First Edition Design, 2017), SpearIt, Professor in the Thurgood Marshall School of Law at Texas Southern University, brings the subject of incarcerated Muslims into focus. The collection of essays synthesizes SpearIt’s legal and academic work on issues of conversion, radicalization, and Muslim prisoner rights. Overall, the collection demonstrates that prisons are a crucial space for understanding the history of Muslims in America. In our conversation we discussed how Muslims have shaped religious life in prisons, the everyday challeng

If you’re a grad student facing the ugly reality of finding a tenure-track job, you could easily be forgiven for thinking about a career change. However, if you’ve spent the last several years working on a PhD, or if you’re a faculty member whose career has basically consisted of higher ed, switching isn’t so easy. PhD holders are mostly trained to work as professors, and making easy connections to other careers is no mean feat. Because the people you know were generally trained to do the same sorts of things, an easy source of advice might not be there for you. Thankfully, for anybody who wishes there was a guidebook that would just break all of this down, that book has now been written. Going Alt-Ac: A Guide to Alternative Academic Careers (Stylus Publishing, 2020) by Kathryn E. Linder, Kevin Kelly, and Thomas J. Tobin offers practical advice and step-by-step instructions on how to decide if you want to leave behind academia and how to start searching for a new career. If a lot of career advice is too vague

Much of the confusion about a central event in United States history begins with the name the "Civil War." In reality, the Civil War was not merely civil--meaning national--and not merely a war, but instead an international conflict of ideas as well as armies. Its implications transformed the U.S. Constitution and reshaped a world order, as political and economic systems grounded in slavery and empire clashed with the democratic process of republican forms of government. And it spilled over national boundaries, tying the United States together with Cuba, Spain, Mexico, Britain, and France in a struggle over the future of slavery and of republics. In The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic (University of North Carolina Press, 2019), Gregory P. Downs argues that we can see the Civil War anew by understanding it as a revolution. More than a fight to preserve the Union and end slavery, the conflict refashioned a nation, in part by remaking its

Why do even successful clean energy policies fail to create momentum for more renewable energy? In her new book Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy and Climate Policy in the American States (Oxford University Press, 2020), Leah Stokes analyzes policy-making in Texas, Kansas, Arizona, and Ohio to understand the dynamics of clean energy policy. This remarkably ambitious work urges political scientists to refocus on the manner in which interest groups prevent or reverse clean energy policies. Her case studies reveal the particular conditions and mechanisms through which interest groups “short circuit” policy by undermining and obscuring policy feedback. This rich and nuanced qualitative study of several cases yields insights on the role that ambiguity plays in policy change. The “fog of enactment” (the gap between actors expectations and the policy’s actual outcome) helps explain why it is so difficult to implement clean energy policy. Because ambiguity shrinks after impleme

It is often said that with the election of Donald Trump nativism was raised from the dead. After all, here was a president who organized his campaign around a rhetoric of unvarnished racism and xenophobia. Among his first acts on taking office was to issue an executive order blocking Muslim immigrants from entering the United States. But although his actions may often seem unprecedented, they are not as unusual as many people believe. This story doesn’t begin with Trump. For decades, Republicans and Democrats alike have employed xenophobic ideas and policies, declaring time and again that “illegal immigration” is a threat to the nation’s security, wellbeing, and future. The profound forces of all-American nativism have, in fact, been pushing politics so far to the right over the last forty years that, for many people, Trump began to look reasonable. As Daniel Denvir argues, issues as diverse as austerity economics, free trade, mass incarceration, the drug war, the contours of the post 9/11 security state, and

What standard should be used to assess presidential misconduct during the Trump presidency? How should the public, press, Congress, and bureaucracy resist and punish executive misconduct? Presidential Misconduct: From George Washington to Today (The New Press, 2019) insists we must look back to look forward. The book provides a comprehensive study of American presidents' misconduct and their response to charges against them. The book provides a unique context by which to understand and evaluate the impeachment of Donald Trump. The origins of the book are unique. During the 1974 Nixon impeachment hearings, committee leaders ask a group of historians to catalogue presidential misconduct – in 8 weeks. This updated edition provides case studies through the presidency of Barack Obama as well as an excellent introduction by James M. Banner, Jr. (one of the original authors of the 1974 study who also provides chapters on Jefferson, Madison, and Monroe). Jeremi Suri’s analysis of Ronald Reagan’s presidency (EPA, HUD,

Over the course of less than a century, the U.S. transformed from a nation that excluded Asians from immigration and citizenship to one that receives more immigrants from Asia than from anywhere else in the world. Yet questions of how that dramatic shift took place have long gone unanswered. In Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion (University of North Carolina Press, 2019), Jane H. Hong unearths the transpacific movement that successfully ended restrictions on Asian immigration. The mid-twentieth century repeal of Asian exclusion, Hong shows, was part of the price of America's postwar empire in Asia. The demands of U.S. empire-building during an era of decolonization created new opportunities for advocates from both the U.S. and Asia to lobby U.S. Congress for repeal. Drawing from sources in the United States, India, and the Philippines, Opening the Gates to Asia charts a movement more than twenty years in the making. Positioning repeal at the intersection of U.S. civi

In The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), Joseph Blocher and Darrell A.H. Miller insist that the Second Amendment is widely recognized but fundamentally misunderstood by the public and public officials. Misconceptions about what the amendment allows, forbids, and how it function as law distort American debates and public policy. Blocher and Miller provide a nuanced synthesis of politics, history, and legal arguments to recover a more balanced discourse – what they call a “positive” Second Amendment” – that accommodates both a right to bear arms and reasonable regulation. Blocher and Miller begin with a puzzle. After the Sandy Hook shootings, 90% of the public and 74% of NRA members supported background checks for guns purchased at gun shows and online – yet the Manchin-Toomey Amendment failed in the Senate. The power of interest groups, Blocher and Miller insist, does not fully explain the disconnect between public opinion and policy. Ex

One of the central pillars of US counterterrorism policy is that capturing or killing a terrorist group's leader is effective. Yet this pillar rests more on a foundation of faith than facts. In Leadership Decapitation: Strategic Targeting of Terrorist Organizations (Stanford University Press, 2019), Jenna Jordan examines over a thousand instances of leadership targeting—involving groups such as Hamas, al Qaeda, Shining Path, and ISIS—to identify the successes, failures, and unintended consequences of this strategy. As Jordan demonstrates, group infrastructure, ideology, and popular support all play a role in determining how and why leadership decapitation succeeds or fails. Taking heed of these conditions is essential to an effective counterterrorism policy going forward. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices

How did Muslims respond to foreign goods in an age characterized by global exchange and European imperial expansion? What sort of legal reasoning did scholars apply in order to appropriate – or reject – items like the synthetic toothbrush, toilet paper, gramophones, photographs, railway lines, banknotes, hats, and other commodities? What role did laypeople play in shaping the contours of the scholarly debates around these items and projects? How did the entanglements of imperial power plays affect the decisions made by these scholars and laypersons? In Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935 (Columbia University Press, 2019), Leor Halevi tackles these questions by exploring how Muslim reformers employed sophisticated legal reasoning rooted in textual sources as well as social context to account for the introduction of these new commodities, technologies, and laws in their rapidly changing societies. By focusing on the works of Rashid Rida – the Syrian-Egyp

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. In Adcreep: The Case Against Modern Marketing (Stanford Law Books, 2017), Mark Bartholomew journeys through the curious and sometimes troubling world of modern advertising. Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thou

In his provocative new book, Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris (Temple University Press, 2019), Dr. Andrew Israel Ross maps out the intersection between histories of sexualities and the urban history of Paris in the 1800s. He examines how the regulation of public sex created new ways of understanding the relationship between individuals and the spaces they inhabited. In this interview, he discusses the policing of prostitution through government-sanctioned brothels, efforts to regulate male same-sex sexual activity at the city’s public urinals, Haussmannization and the creation of new sites for public sex, and the emergence of new sexual identities in the Third Republic. Beth Mauldin is an Associate Professor of French at Georgia Gwinnett College in Lawrenceville, Georgia. Her research interests include French cultural studies, film, and the social and cultural history of Paris. Learn more about your ad choices. Visit megaphone.fm/adchoices

Stanley Fish is a well-known scholar regarding the First Amendment and free speech. In his latest book, The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-truth, and Donald Trump (One Signal, 2019), Professor Fish discusses the popular and legal meanings of the First Amendment’s speech and religion clauses. He argues that speech is not an apolitical concept, but is in fact often invoked for political purposes. Although he favors a robust zone of free speech, he is careful to note what speech law does and should protect versus what it does not, or should not, protect. He makes distinctions between freedom of inquiry in an academic setting and the claims of absolutists regarding free speech on campuses. He is also concerned with what he considers the “poor fit” of the modern interpretation of the religion clauses (Free Exercise and Establishment Clauses) with the Constitution’s concerns with individual liberty. In addition to the Constitution, Professor Fish discusses th

Immigration is one of the most complex issues of our time in the United States and around the world. Enforcing immigration law in the U.S. involves a mix of courts and executive agencies with lots of opportunities for confusion, miscommunication, and changes in approach from administration to administration. While these things are nothing new, they take on a new dimension when the lives of undocumented immigrants and asylum seekers are at stake. Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, is an expert in immigration law and joins us this week to discuss how discretion, checks and balances, and the rule of law figure into immigration enforcement — particularly in the Trump administration. Her new book, Banned: Immigration Enforcement in the Time of Trump (New York University Press, 2019), includes interviews with former immigration officials and people impacted by the Trump administration’s immigra

“The things that are happening to North Korea are happening to all of us…they are part of the human community. To say that this is just a problem for North Korea is to say that North Koreans are not part of the human community.” In her new book, Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record (Columbia University Press, 2019), Sandra Fahy gives a thorough and compelling analysis of testimonies and reports on North Korea. Fahy explores the United Nation’s report as well as North Korea’s response to the report. The book also tackles issues of famine and hunger, information control, movement within the country and outside it, in addition to other pertinent issues. The book is full of detailed reporting on the issues but is still written in an accessible way in order to help readers understand more about North Korea and its people. Sarah E. Patterson is a Postdoctoral Fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by

Professor Talitha LeFlouria, a fellow at the Carter G. Woodson Institute at the University of Virginia, discusses her book, Chained in Silence: Black Women and Convict Labor in the New South (University of North Carolina Press, 2016) and the lives, labors, and legacies of incarcerated black women and the convict lease system in the early 20th century South. In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating

Long-term solitary confinement meets the legal definition of torture, and yet solitary confinement is used in every state in the United States. People are placed in solitary confinement for a variety of reasons, and long-term solitary confinement can have a harmful effect on mental and physical health. Reform is happening, but the use of solitary confinement is still a problem in the US. Taylor Pendergrass, a lawyer who works on criminal justice reform for the ACLU, has spent over a decade collecting stories of people who have been impacted by the criminal justice system. Along with Mateo Hoke, he has co-edited the book Six by Ten: Stories from Solitary (Haymarket, 2018). In addition to a primer and brief history of solitary confinement, the book consists of personal history narratives. The stories are by people who have spent time in solitary confinement, family members, and people who have worked in prison systems. Voices of people who are, or have been, in solitary confinement are rare to hear, because the

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford UP, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the S

What happens when a religion is demonized to such an extent that it is no longer deemed a religion – but an ideology? What effect does such a political refashioning of a religion have on the rights to free expression of its adherents? What are the implications of politicizing and secularizing a religion as it concerns religious liberty and diversity? How does this treatment of one religion set a precedent for treatment of them all? In When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom (Pegasus Books, 2019), Asma T. Uddin grapples precisely with these questions. Through weaving personal narrative, legal training, and historical grounding into her book, Asma breaks down prevailing stereotypes about Muslims and Islam, details the various mechanisms and consequences of religious bigotry and animus, and underscores the importance of religious liberty for all communities in a highly accessible and graceful language. Asad Dandia is a graduate student of Islamic Studies at Columbia University.

In this latest book, Stephen F. Knott continues his extensive research of the American presidency, from the Founders’ concept of the office to the current office holder. In The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (University of Kansas Press, 2019), Knott guides the reader through more than 200 years of presidents and the changes that these individuals have brought to the office itself. Knott—a scholar of the founding period, and, in particular, of Alexander Hamilton and the role that he played in establishing the Executive branch in the constitutional system—explores the foundational ideas for the presidency and the ways in which Hamilton and George Washington, as the first inhabitant in that office, tried to establish the office as one that was imbued with dignity while still remaining accessible to the people. The Lost Soul of The American Presidency traces, essentially, what happened next, after Washington left office, and how the pressures and t