New Books In Law

In his book, The Second Creation: Fixing the American Constitution in the Founding Era (Harvard University Press, 2018), Jonathan Gienapp revisits the Founding Era to retell the story of America’s favorite document. Looking at the Constitution’s creation, Gienapp makes a compelling case for why we should reconceptualize just what this document meant to early Americans. By examining the debates which gripped Congress immediately following the ratification of the Constitution, and throughout the 1790s, Gienapp illustrates how the very meaning of the Constitution, both as an idea and a text, was forged through partisan politics. If most Americans think of the Constitution as a fixed document, Gienapp shows how “fixing” the Constitution turned it into a “fixed” document. The Second gives us a new starting point for how to interpret the constitutional politics of the Early Republic, and the enduring image of the Constitution to our own day.Jonathan Gienapp is an assistant professor in History at Stanford Universit

Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the intersections of race and ethnicity, borderlands studies, as well as the intersecting histories of citizenship, popular politics, national identity, emancipation, and labor. In the book, Dr. Miki explores the quandaries of citizenship in a multiracial society and challenges the idea that citizenship is an equally important and equally valued goal for everyone. The book not only demonstrates otherwise, but really helps the reader challenge these widely held assumptions in a compelling and grounded manner.Learn more about your ad choices. Visit megaphone.fm/adchoices

Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention.  In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell undertakes this critical analysis.  While there is a robust scientific consensus that there is no meaningful genetic basis for race, Russell’s analysis of the role of race in ARTs reveals that when it comes to producing kinship, race is still doing a great deal of work. Further, by arguing that race itself is a technology, Russell shows how race is both produced and productive, historically, as well as in everyday practices, techniques, and choices.  While this analysis focuses on what race does in the contemporary realm of ARTS, it illuminates the role of race, in the past and now, in constructing social

Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States.  She portrays the witness in non-traditional genocide court trials as the moral compass.  In fact, many of these “moral witnesses” were not utilized for their testimony to identify perpetrators or mass murder, but rather a symbolic voice for survivor’s that would not normally be admissible in traditional legal proceedings.Dr. Dean is the Charles J. Still Professor of History and French at Yale University and is the author of several other books focused on morality and genocide.  The Moral Witness is part of the Cornell University Press’s series Corpus Juris: The Humanities in Politics and Law.Learn more about your ad choices. Visit megaphone.fm/adchoices

In her debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational sources, including a burgeoning migrant press, police records, passports, forged travel documents, memoirs, and diplomatic cables, Fahrenthold uncovers ethnic associations and transnational networks of migrants who sought to contribute to the betterment of their homeland. Between the Ottomans and the Entente shows how mahjar (diaspora) communities grappled with a series of enormous changes to their homeland from the Young Turk Revolution (1908), to the dissolution of the Ottoman Empire after World War I, and the imposition of the French Mandate in 1920. The book vividly illustrates the precarious position Syrians an

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Blac

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. In her book, “Trash,” Censorship, and National Identity in Early Twentieth-Century Germany (Cambridge University Press, 2016), Kara Ritzheimer explains how both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these law

Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (University of Chicago Press, 2019).Ben Merriman’s new book explores what he calls uncooperative federalism. He finds a deliberate conservative strategy to use the courts and state executive power to resist federal influence in state affairs. He focuses especially on Kansas and the activity of far-right conservatives in the state who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid.Merriman — a sociologist by training — is an assistant professor at the School of Public Affairs & Administration at the Unive

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” fat

The Vory: Russia’s Super Mafia (Yale University Press, 2018) by Mark Galeotti is an engrossing read about a topic mainstream scholarship has largely ignored: Russia’s criminal underworld. With Galeotti as our guide, we delve into the colorful world of the vory v zakone or “thieves of the code,” with their flamboyant nicknames, esoteric rituals, and vibrant body tattoos, which Galeotti explains are very much a gangster’s CV.The Vory traces the development of the Russian underworld  from the horse bandits and bank robbers of the nineteenth century, through the chaos of the Revolution and the Civil, when, as Galeotti says, “… the Bolsheviks won the war but lost their souls.”  Galeotti’s scholarship shines through the section on the vast sea change that takes place when during The Terror as the gangsters are co-opted by the State to help regulate the Gulag system.  The resulting “turf war” creates a new post-war type of gangster, the “avtorityet,” who adapt to service the needs of a society in chao

In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treat

Demetra Kasimis’s new book, The Perpetual Immigrant and the Limits of Athenian Democracy (Cambridge University Press, 2018) interrogates the role and unstable place of the metics (metoikoi) in Athenian society.  The book focuses on three different presentations and discussions of the metics, in Euripides’ Ion, in Plato’s Republic, and in Demosthenes’ Against Euboulides. The metic, as Kasimis explores, is a classification of individuals within Athenian democracy for those who do not have Athenian blood—they are neither insiders nor outsiders. This whole class of people, who were free and enjoyed certain rights within the society, were, nonetheless, in a kind of liminal space, on the border between citizenship and those excluded from citizenship, like slaves, children, and others.  The Perpetual Immigrant, which is the kind of position that metics found themselves in, since neither they nor their offspring could become citizens, exposes the “fraught and shifting meaning of the democratic citizen itsel

We’re all familiar with the ways in which speech can cause harm. For example, speech can incite wrongful acts. And I suppose we’re also familiar with contexts in which a person who occupies a position of authority can harm others simply by speaking – as when a boss announced and thereby institutes a discriminatory office policy. In such cases, the announcement is itself a harm in addition to the harm of the instituted policy – the boss’s announcement constitutes a harm and does not only cause harm. Once we’ve see the ways in which authoritative speech can constitute harm, we might look for mechanisms other than speaker authority by means of which speech can be constitutively harmful.In her new book, Just Words: On Speech and Hidden Harm (Oxford University Press, 2019), Mary Kate McGowan identifies a previously overlooked mechanism by which speech can be harm. On her analysis, one needn’t be positioned in an authoritative role to speak in ways that constitute harm. Rather, everyday communicative acts can const

Practical Terrorism Prevention: Reexamining U.S. National Approaches to Addressing the Threat of Ideologically Motivated Violence (RAND Corporation, 2019), examines past countering-violent-extremism (CVE) efforts, evaluates Department of Homeland Security (DHS) and interagency efforts to respond to ideological radicalization to violence, and recommends strengthening programs focused on non-law enforcement means to address the threat of terrorism.The authors (Brian A. Jackson, Ashley L. Rhoades, Jordan R. Reimer, Natasha Lander, Katherine Costello, and Sina Beaghley) found that current terrorism prevention capabilities are relatively limited. Most initiatives are implemented locally or outside government, and only a subset receive federal support. Among interviewees in law enforcement, government, and some community organizations, there is a perceived need for a variety of federal efforts to help strengthen and broaden local and nongovernmental capacity. However, doing so will be challenging, since concerns ab

Outsiders: Why Difference is the Future of Civil Rights(Oxford University Press, 2019) by Zachary Kramer (Oxford University Press, 2019) sets forth an imaginative critique of the way that civil rights law currently fulfills its mission. Using stories that lucidly illustrate the gap between the aspiration of civil rights law and the lived reality, Professor Kramer proposes a new approach. Drawing on existing protections for disability and for religious practice, Professor Kramer outlines the way that a right to personality, combined with an accommodation-focused inquiry, could update and refresh our approach to civil rights.Zachary Kramer is Associate Dean of Faculty, Professor of Law, and Willard H. Pedrick Distinguished Research Scholar at the Sandra Day O'Connor College of Law at Arizona State University.Künga Tenje is an independent librarian in Virginia.Learn more about your ad choices. Visit megaphone.fm/adchoices

Ballot initiatives offer voters the chance to directly determine the outcome of state policy change. Do Americans who vote on initiatives grow in political efficacy and participate more in the future? Or is the initiative process ultimately undemocratic in the sense that those who participate grow less interested in participating over time? Ultimately, are there spillover effects of direct democracy?Joshua Dyck and Edward Lascher take on these questions in Initiatives without Engagement: A Realistic Appraisal of Direct Democracy’s Secondary Effects (University of Michigan Press 2019). Dyck is Associate Professor of Political Science and Co-Director of the Center for Public Opinion at the University of Massachusetts Lowell; Lascher, Jr is Professor of Public Policy and Administration at California State University, Sacramento.Initiatives without Engagement challenges what democratic reformers have thought about the initiative process since the Progressive Era. The findings suggest that ballot initiatives lead

The development of a whole suite of new reproductive technologies in recent decades has contributed to broad cultural conversations and controversies over the meaning of family in the United States. In Romancing the Sperm: Shifting Biopolitics and the Making of Modern Families (Rutgers University Press, 2018), Diane Tober analyzes how sperm donation fits into this larger landscape of reproductive choices, politics, and policies. Drawing on a rich body of interviews conducted in the 1990’s with people who worked at sperm banks, people who donated sperm, and people who sought to become pregnant by using donated sperm, she illuminates the many motivations that lead people to become involved in alternative processes of family formation. She also demonstrates that a certain kind of “romance” – that is, the imaginative creation of a romantic ideal – can still permeate people’s ideas and experiences of creating children with donor sperm, despite the medicalization of the process. This book will be useful not only fo

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford University Press, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is b

Campaigns against prostitution of young people in the United States have surged and ebbed multiple times over the last fifty years. Carrie Baker's Fighting the US Youth Sex Trade: Gender, Race, and Politics (Cambridge University Press, 2018) examines how politically and ideologically diverse activists joined together to change perceptions and public policies on youth involvement in the sex trade over time, reframing 'juvenile prostitution' of the 1970s as 'commercial sexual exploitation of children' in the 1990s, and then as 'domestic minor sex trafficking' in the 2000s. Based on organizational archives and interviews with activists, Baker shows that these campaigns were fundamentally shaped by the politics of gender, race and class, and global anti-trafficking campaigns. The author argues that the very frames that have made these movements so successful in achieving new laws and programs for youth have limited their ability to achieve systematic reforms that could decrease youth vulnerability to involvement

In this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019). The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class. “There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College. In the podcast, Theoharis shows ho