New Books In Law

It has become a truism that work has become less secure and more precarious for a widening swath of American workers. Why and how this has happened, and what workers can and should do about it, is the subject of a wide-ranging new book, Temp: How American Work, American Business, and the American Dream became Temporary (Viking, 2018). In Temp, Louis Hyman, Professor of History at the Industrial and Labor Relations School of Cornell University, presents a detailed history of the unraveling of steady work. Hyman acknowledges that secure, lucrative, meaningful work has never been equally available to all Americans, even amidst the prosperity of the post-WWII era. He also argues compellingly that the shift toward privileging shareholders over employees and short-term profit over long-term prosperity was not inevitable, nor is it irreversible. Jobs are less secure today not because the market demanded it but because, starting as early as the 1950s, executives, consultants, and policy makers decided to make them th

In Rethinking Human Enhancement: Social Enhancement and Emergent Technologies (Palgrave Macmillan, 2014), Laura Cabrera discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Philip M. Napoli has been thinking about algorithmic news and social media feed curation for quite some time, as he acknowledges in his new book, Social Media and the Public Interest: Media Regulation in the Disinformation Age (Columbia University Press, 2019). Initially this topic was not as pressing as it now seems to be, but Napoli has been exploring this issue and and trying to figure out how it might work in terms of regulation – self, governmental, or otherwise – for a while. Social Media and the Public Interest approaches this complex and multi-layered issue from a host of perspectives, leading the reader into the broader discussion through a history of social media, but that history itself is positioned within a brief but important history of the internet and the world wide web. At the same time, the book covers a lot of important ground in thinking about the First Amendment, how journalism operates in the age of social media and an otherwise fluid and changing environment for traditional media. Napol

What happens to families and communities after immigration raids? William D. Lopez answers this question and more in his new book Separated: Family & Community in the Aftermath of an Immigration Raid (Johns Hopkins UP, 2019). Using ethnographic methods and interviews to deep dive into the aftermath of a local immigration raid, Lopez provides the stories of community members affected by the event and how their lives are changed forever after. The book provides a robust background of information regarding policy issues relevant to the current immigration climate, like the REAL ID act, as well as experiences from a myriad of perspectives. Lopez also draws on lessons from the Black Lives Matter movement and provides a rich discussion of his positionality (called "reflexivity" in research methods). Overall, this book provides a powerful testimony to events happening in our communities and neighborhoods and is written to a wide audience. This book would align well with graduate level courses on policy, families, ra

Today I talked to David H. McIntyre about How to Think about Homeland Security; Volume 1: The Imperfect Intersection of National Security and Public Safety and Volume 2: Risk, Threats, and the New Normal (Rowman & Littlefield, 2019). The next evolution in improving homeland security is to analyze and evaluate various theories of bureaucratic change against the national-level catastrophic threats we are most likely to face. This synthesis provides the bridge between volume 1 (understanding homeland security) and the next in the series (understanding the risk and threats to domestic security). Volume 1: The Imperfect Intersection of National Security and Public Safety explains homeland security as a struggle to meet new national security threats with traditional public safety practitioners. It offers a new solution that reaches beyond training and equipment to change practitioner culture through education. This first volume represents a major new contribution to the literature by recognizing that homeland secur

We’ve all heard that a picture is worth a thousand words, but what if we don’t understand what we’re looking at? Social media has made charts, infographics, and diagrams ubiquitous―and easier to share than ever. We associate charts with science and reason; the flashy visuals are both appealing and persuasive. Pie charts, maps, bar and line graphs, and scatter plots (to name a few) can better inform us, revealing patterns and trends hidden behind the numbers we encounter in our lives. In short, good charts make us smarter―if we know how to read them. However, they can also lead us astray. Charts lie in a variety of ways―displaying incomplete or inaccurate data, suggesting misleading patterns, and concealing uncertainty―or are frequently misunderstood, such as the confusing cone of uncertainty maps shown on TV every hurricane season. To make matters worse, many of us are ill-equipped to interpret the visuals that politicians, journalists, advertisers, and even our employers present each day, enabling bad actors

Jürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work. James Gordon Finlayson, reader in philosophy and director of the Centre for Social and Political Thought at the University of Sussex, examines and contextualizes The Habermas-Rawls Debate (Columbia University Press, 2019). He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to l

Jana Byars talks with Elizabeth Bernstein, Professor of Women’s, Gender, and Sexuality Studies at Barnard College about her newest book, Brokered Subjects: Sex, Trafficking and the Politics of Freedom (University of Chicago, 2018). This book provides an overview of feminist discourse on sex trafficking from its earliest incarnations, through its present form, noting the ongoing, and occasionally uneasy partnership between radical feminists and evangelical Christians. This lively discussion, the author explains the capitalist, neo-liberal, often religious groups spearheading the global anti-trafficking movement. We talk about “carceral feminism,” reality tourism, and the corporations who make money through the women they “save.” Bernstein’s book, in her own words, reveals, “the complex intertwining of gender and sexuality with state and metastate interests.” Learn more about your ad choices. Visit megaphone.fm/adchoices

In Creating the Law: State Supreme Court Opinions and The Effect of Audiences (Routledge, 2019), Michael Romano and Todd Curry examine whether judges tailor their language in order to avoid retribution during their retention elections. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry examine the connection between retention incentives and legal language choices. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to appeal to diverse audiences that may be paying attention. Michael Romano is an assistant professor of political science at Shenandoah University; Todd Curry is an associate professor of political science at the University of Texas, El Paso. Learn more about your ad choices. Visit megaphone.fm/adchoices

The First Amendment and a strong Fourth Estate are essential to a healthy democracy. David McCraw spends his days making sure that journalists can do their work in the United States and around the world. This includes responding to libel suits and legal threats, reviewing stories that are likely to be the subject of a lawsuit, helping reporters who run into trouble abroad, filing Freedom of Information Act requests, and much more. Today we talk to McCraw, the Deputy General Counsel of the New York Times and author of Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts (All Points Books, 2019). Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station. Learn more about your ad choices. Visit megaphone.fm/adchoices

We Americans are defined by our Constitution and we cherish especially the First and Second Amendments. But like all texts, the Constitution can be read to empower and protect our individual rights, but it can also be used selectively, self-servingly, and in bad faith. And the Constitution guarantees two things: our own personal liberties, unfettered by threats from the government, and equal treatment before the law. So is online harassment, assault weapons in every hand, and hate speech the price we all pay for the freedoms we enjoy? Or is is the price that certain people pay and others don't? Professor Mary Anne Franks, author of The Cult of the Constitution (Stanford University Press, 2019) is an expert on the First and Second Amendments and the author of several legislative bills that now govern the nonconsensual pictures of intimacy distributed online (also called "revenge porn"). She asks whether our country's faith and belief in the Constitution amounts to something like a cult, where unquestioning bel

In this episode of Talking Legal History, Siobhan talks with William P. Hustwit about his book Integration Now: Alexander v. Holmes and the End of Jim Crow Education (UNC Press, 2019). Hustwit is the Associate Professor of History and Chair of the History Department at Birmingham-Southern College. Fifty years after the Supreme Court decision, Integration Now explores how studying the case Alexander v. Holmes (1969) enhances understandings of the history underlying school desegregation. This episode is part of a series featuring legal history works from UNC Press. Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes require

Today I talked to S. Deborah Kang about her book The INS on the Line: Making Immigration Law on the US-Mexico Border, 1917-1954, published by Oxford University Press in 2017. The INS on the Line explores the history behind Immigration and Naturalization Service throughout the 20th Century, interrogating how this agency was critical to the creation and re-creation of immigration law during this time period. Kang shows that the INS did not just think of itself as a law enforcement agency, but through numerous legal innovations and interpretations, embraced an identity as a lawmaking body responsible for balancing the money competing interests in local, regional, and national geographies. S. Deborah Kang is an Associate Professor of history at California State University San Marcos. She is currently studing the relationship between law and society on both the United States’ southern and northern borders. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about

Can justice heal? Must there be justice in order to heal? Is there such a thing as justice, something to be striven for regardless of context? Alexander L. Hinton thinks through these questions in a pair of new books. The two are companion pieces, each using Cambodia in a different way as a lens through which to look at the notion of transitional justice. In The Justice Facade: Trials of Transition in Cambodia (Oxford University Press, 2018), he argues there is something deeply mistaken in the way thinkers and practitioners have imagined and employed transitional justice in the past half-century. Justice, Hinton argues, is much more deeply embedded in localities and particularity than conventional notions of transitional justice allow. Rather than striving toward a universal notion of justice, what is needed is a deeply rooted sense of the way local actors, organizations and values understand and respond to calls for justice. Transitional justice requires a thorough understanding of local societies, of the wa

As you may know, university presses publish a lot of good books. In fact, they publish thousands of them every year. They are different from most trade books in that most of them are what you might called "fundamental research." Their authors--dedicated researchers one and all--provide the scholarly stuff upon which many non-fiction trade books are based. So when you are reading, say, a popular history, you are often reading UP books at one remove. Of course, some UP books are also bestsellers, and they are all well written (and, I should say, thoroughly vetted thanks to the peer review system), but the greatest contribution of UPs is to provide a base of fundamental research to the public. And they do a great job of it. How do they do it? Today I talked to Kathryn Conrad, the president of the Association of University Presses, about the work of UPs, the challenges they face, and some terrific new directions they are going. We also talked about why, if you have a scholarly book in progress, you should talk to

Founded in 1919 along with the League of Nations, the International Labour Organization (ILO) establishes labor standards and produces knowledge about the world of work, serving as a forum for nations, unions, and employer associations. Before WWII, it focused on enhancing conditions for male industrial workers in Western, often imperial, economies, while restricting the circumstances of women's labors. Over time, the ILO embraced non-discrimination and equal treatment. It now promotes fair globalization, standardized employment and decent work for women in the developing world. In Making the Woman Worker: Precarious Labor and the Fight for Global Standards, 1919-2019 (Oxford University Press, 2019), Eileen Boris illuminates the ILO's transformation in the context of the long fight for social justice. Boris analyzes three ways in which the ILO has classified the division of labor: between women and men from 1919 to 1958; between women in the global south and the west from 1955 to 1996; and between the earning

While monarchs throughout history used their power to make laws as a tool for governing their realms, rarely did they undertake the long and detailed work of drawing up an entire legal code. One of the few who did so was the Castilian king Alfonso X, and as Joseph F. O'Callaghan explains in his book Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile (Cornell University Press, 2019) this legal code provides insights into both his reign and the larger issues facing his kingdom in the Middle Ages. As O’Callaghan details, many of its provisions were drawn up in response to the problems Alfonso dealt with as king, and the laws that formed the code reflected his means for addressing them. Yet this was just one factor shaping a comprehensive civil and criminal code that covered everything for the responsibilities of the crown to the legal processes available to his subjects. While the code reflected the many concerns of Alfonso’s age O’Callaghan demonstrates how its legacy is still fe

Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. W. Caleb McDaniel's book is an ep

From 1931 to 1945, leaders of the SS sought to transform their organization into a racially-elite family community that would serve as the Third Reich’s new aristocracy. They utilized the science of eugenics to convince SS men to marry suitable wives and have many children. In her new book entitled Marriage and Fatherhood in the Nazi SS (University of Toronto Press, 2018), Amy Carney assesses the role of SS men as husbands and fathers during the Third Reich. The family community, and the place of men in this community, started with one simple order issued by SS leader Heinrich Himmler. He and other SS leaders continued to develop the family community throughout the 1930s, and not even the Second World War deterred them from pursuing their racial ambitions. Carney’s insight into the eugenic-based measures used to encourage SS men to marry and to establish families sheds new light on their responsibilities not only as soldiers, but as husbands and fathers as well. Michael E. O’Sullivan is Professor of History a

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely. Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality a