New Books In Law

Corey Brettschneider is Professor of Political Science at Brown University, and Visiting Professor of Law at Fordham University. His work is focused in democratic theory and constitutional law. His most recent book is titled The Oath and the Office: A Guide to the Constitution for Future Presidents. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Thanks to the efforts of activists concerned that the problem of “battered women” was being ignored -- and treated as a private, family matter rather than a broader social problem -- since the 1980s interpersonal/domestic violence has been treated as a criminal act enforced by the institutions of American criminal justice. But too seldom have we asked if this approach has actually worked. In her powerful and provocative new book, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (University of California Press, 2018), Leigh Goodmark asks us to evaluate the effects of criminalizing domestic violence and to consider what might be gained by thinking about interpersonal violence as a problem of economics, public health, community, and human rights.Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peo

In his new book, Matthew Longo takes the reader on an unusual journey, at least within political theory, since his work combines a normative political theory approach with an ethnographic approach to understand both the conceptual and actual issue of borders as spaces that separate and distinguish states and nations, and individuals and citizens. The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11 (Cambridge University Press, 2017) is not simply about the border because, as the book makes clear, borders are in no way simple, and what Longo has pursued in his work is the complexity that encompasses the theoretical idea of the border but also how and why borders are more diverse in understanding than we often ascribe to them. Longo interrogates what a border actually is, noting that the space itself is not quite the thin line between states that we often assume it to be, but a physical area that is co-administered by bordering nations, often collaboratively, thus blurring the line or spac

In Sins Against Nature: Sex and Archives in Colonial New Spain (Duke University Press, 2018), Zeb Tortorici analyzes a vast corpus of documents in order to understand how sex acts that were considered out of the norm were understood for over three centuries of Spanish control. Men and women often engaged in ‘unnatural’ sexual acts that not only revealed the relations of power in colonial society, but also the close interaction that archivists and historians have had with their stories. Sodomy, bestiality, priests soliciting during confession, as well as masturbation induced by erotic fantasies with saints and other religious characters, all disclose the role that religious and ecclesiastical institutions, archives, and historical analysis have had in erasing subjects, misclassifying them, or openly discounting their importance. Tortorici’s analysis proves that in order to reconstruct the past it is central to understand how documents were kept and categorized.Pamela Fuentes is Assistant Professor in the Women

In her new book, Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe (University of Wisconsin Press, 2018), Dagmar Herzog examines the relationship between reproductive rights and disability rights in contemporary European history. In a study that appeared in the George L. Mosse Series in Modern European Cultural and Intellectual History, Herzog uncovers much that is unexpected. She analyzes Protestant and Catholic theologians that were pro-choice in the 1960s and 1970s; the ways in which some advocates of liberalized abortion access displayed hostility to the disabled; the current backlash against women’s reproductive rights in Europe fueled in part by activists presenting themselves as anti-eugenics and pro-disability; and the impressive advances in disability rights inspired by submerged, contrapuntal strands within psychoanalysis and Christianity alike. An outstanding contribution to the histories of religion, sexuality, and disability rights, this book is essential reading fo

Hidetaka Hirota is an Assistant Professor in the Institute for Advanced Study at Waseda University in Tokyo, Japan. Prior to his current position, he was a Mellon Research Fellow in the Society of Fellows in the Humanities at Columbia University and taught at the City University of New York-City College. Dr. Hirota’s book, Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (Oxford University Press, 2018) has received awards from the Immigration and Ethnic History Society, the New England American Studies Association, and the American Conference for Irish Studies, and Dr. Hirota’s book also received a special commendation for the Massachusetts Historical Society book prize.Dr. Hirota’s book focuses on state legislation policies of immigration control in New York and Massachusetts. Dr. Hirota asserts those laws come to act as a framework for subsequent federal policy. While most American Studies scholars have mostly aligned with the dominant theory tha

In his most new book Fight the Power: African Americans and the Long History of Police Brutality in New York City (NYU Press, 2018), Clarence Taylor, dean of the history of the civil rights movement in New York, looks at black resistance to police brutality in the city, and institutional efforts to hold the NYPD accountable, since the late 1930s and '40s.​“Many people think that police brutality is a recent phenomenon,” says Taylor, professor emeritus at Baruch College and The Graduate Center of City University of New York. But, in fact, it has a long, sordid history, going back even further than the years covered in this new book. And long before the era of cellphones, black newspapers did their own investigations when men, women, and children were beaten or killed by the police. (Louis Lomax, the first African-American journalist to appear regularly on television news, commented in the early 1960s that, if not for police brutality, the black press would have "considerable blank space.")Taylor also looks at

Peyote occupies a curious place in the United States and Mexico: though prohibited by law, its use remains permissible in both countries for ceremonial practices in certain religions. As Alexander S. Dawson reveals in The Peyote Effect: From the Inquisition to the War on Drugs (University of California Press, 2018), this anomalous position is nothing new, as it existed as far back as the prohibitions on the use of peyote by non-Indians imposed by the Inquisition in Mexico during the colonial period. Though this ban ended with Mexico’s independence, it was not until chemists in Germany and the United States began investigating peyote’s properties in the late 19th century that its usage spread outside of Native American communities. Fears of the drug’s psychoactive effects led to a succession of state-level U.S. bans in the early 20th century, yet these were usually fragmentary in their scope, allowing for its continued usage by Native American communities outside their jurisdictions. The broader use of peyote

John Witte, Jr.'s The Western Case for Monogamy over Polygamy (Cambridge University Press, 2018) is an extensively researched book showcasing the author's deep knowledge and experience in the field of family and religious law. It traces the legal origins of European monogamy from the classical period to the present. Originally conceived as a brief for an advisory opinion to a Canadian court, Witte transformed this assignment into a work that not only explores the history of European marital law, but argues that monogamy is positive for society. It considers not just the legal, but also the moral and religious arguments for this institution. He joins us from Atlanta.Jeffrey Bristol is a PhD candidate in Anthropology at Boston University and a JD candidate at the University of Michigan Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices

At a speech before the unveiling of the Freedman’s Monument in 1876, Fredrick Douglass stated, “You are the children of Abraham Lincoln. We are only at best his step-children; children by adoption, children of circumstances and necessity.” But who was Douglass referring to when he said "You are the children of Abraham Lincoln" and what did he mean? Dr. William Green investigates this statement in a case-study of four whites from Minnesota who fought hard and won rights for black Americans during and after the Civil War. By evaluating the actions of Morton Wilkinson, Thomas Montgomery, Daniel D. Merrill, and Sarah Burger Stearns, Dr. Green shows how black suffrage was earned in Minnesota, leading the so-called children of Lincoln to say, “We have done our part.” The Children of Lincoln: White Paternalism and the Limits of Black Opportunity in Minnesota, 1860–1876(University of Minnesota Press, 2018) is a fascinating, well-researched book about the limits of black opportunity in Minnesota with remarkable parall

How is it that “liberalism” is a word so ubiquitous and yet we can hardly seem to agree on its meaning? In her book The Lost History of Liberalism: From Ancient Rome to the Twenty-First Century (Princeton University Press, 2018), Helena Rosenblatt traces the history of the words “liberal” and “liberalism” in order to understand how liberals defined themselves, and what they meant when they spoke about liberalism. In recovering liberalism’s roots in the French Revolution, as well as highlighting the centrality of the German thinkers who transformed it, Rosenblatt debunks the myth of liberalism as an Anglo-American tradition centered on individual rights.Emily K. Crandall is a PhD candidate in Political Science at the Graduate Center, CUNY. She is a fellow at the Center for Global Ethics and Politics in the Ralph Bunche Institute for International Studies.Learn more about your ad choices. Visit megaphone.fm/adchoices

How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book w

How did the search for Nazi fugitives become a vehicle to oppose South American dictatorships? Daniel Stahl’s award-winning new book traces the story of three continents over the course of half a century in Hunt for Nazis: South America's Dictatorships and the Prosecution of Nazi Crimes (Amsterdam University Press, 2018). Through a rich transnational history, Daniel traces the ebb and flow of political will alongside the cooperation between far flung governments and civil society groups. The result is unique insight into how post-war justice became a battleground for the legitimacy of authoritarian regimes.Daniel Stahl is a research associate at the Friedrich Schiller University Jena. Hunt for Nazis was distinguished with the Opus Primum award from the Volkswagen Foundation. Stahl has also worked on the Independent Historian’s Commission on the History of the German Foreign Office and is currently researching a history of arms trade regulation in the 20th century.Ryan Stackhouse is a historian of Europe speci

Harkening back to the tribunal on Vietnam once convened by Bertrand Russell and Jean-Paul Sartre, the World Tribunal on Iraq (WTI) emerged in 2003 from the global antiwar movement that had mobilized against the invasion and subsequent occupation of Iraq by a US-led coalition.  This decentralized, transnational network of antiwar activists attempted to document and give grounds for the prosecution of war crimes committed by the allied forces.  Ayça Çubukçu's For the Love of Humanity: The World Tribunal on Iraq (University of Pennsylvania Press, 2018) is a remarkable investigation of the WTI, combining extensive ethnographic fieldwork with close readings of political and legal theory. Çubukçu provides on the ground accounts of the debates and discussions within the WTI, reading them with and as examples of political philosophy in action.  The book engages with urgent questions about the challenges and potentials of horizontal, network forms of political action, transnational politics across diffe

2018 has been a great year for books about sub-national government in the United States. The year ends with another to add to the list. Jessica Trounstine has written Segregation by Design: Local Politics and Inequality in American Cities(Cambridge University Press, 2018). Trounstine is associate professor of political science at the University of California, Merced.Segregation by Design draws on a century of data from thousands of American cities to explore how local governments design policies that create race and class segregation. Trounstine maps the historical development of segregation and the ways that suburbanization has fit with patterns of residential segregation. Zoning laws and public goods have been used to advance the goal of some residents for racially segregated neighborhoods. She argues that local governments have pursued these policies to enhance the wealth and resources of white property owners at the expense of people of color and the poor.Learn more about your ad choices. Visit megaphone.

McKenzie Wark’s new book offers 21 focused studies of thinkers working in a wide range of fields who are worth your attention. The chapters of General Intellects: Twenty-One Thinkers for the Twenty-First Century (Verso, 2017) introduce readers to important work in Anglophone cultural studies, psychoanalysis, political theory, media theory, speculative realism, science studies, Italian and French workerist and autonomist thought, two “imaginative readings of Marx,” and two “unique takes on the body politic.” There are significant implications of these ideas for how we live and work at the contemporary university, and we discussed some of those in our conversation. This is a great book to read and to teach with! Carla Nappi is the Andrew W. Mellon Chair in the Department of History at the University of Pittsburgh. You can learn more about her and her work here.Learn more about your ad choices. Visit megaphone.fm/adchoices

Criminal justice, policing, and mass incarceration have gained significant political attention recently, and the problems of these systems have drawn increasingly frequent calls for reform from the right and left. Historians have turned their attention to illuminating the roots of these institutions. While many historians have focused on the 20th century, others have examined the emergence of urban professional police departments in the 19th century. Adam Malka, an Assistant Professor of History at the University of Oklahoma, takes these questions to the antebellum period to illuminate how these new police forces emerged in an age of liberal ideals and emancipation. In The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation (University of North Carolina Press, 2018), Malka examines the development of the Baltimore police department in the years leading up to and following the Civil War. Malka highlights several unexpected features of this development. He shows the continuity and connecti

In her new book, historian Jennifer Altehenger, a Senior Lecturer in Contemporary Chinese History at King’s College London, grapples with the complex issue of how authorities and cultural workers attempted to create effective law propaganda.  Legal Lessons: Popularizing Laws in the People’s Republic of China, 1949-1989 (Harvard University Asia Center, 2018) traces the techniques used and challenges using a series of case studies including the 1953 Marriage Law mass campaign and the 1954 constitution national discussion. These efforts sought not only to inform Chinese citizens of the law but also involved them in such ways that they would feel obliged to then follow the laws in the future. Drawing from a wide variety of archival sources including government documents, periodicals, advice manuals, memoirs, and posters, Altehenger highlights the tension between the intention of the government to educate and the interpretations the people made themselves about new laws. She explores law dissemination into th

In Patent Politics: Life Forms, Markets, and the Public Interest in the United States and Europe (University of Chicago Press, 2017), Shobita Parthasarathy takes us through a thirty year history of the legal debates around patents. This is an understudied area of STS that Parthasarathy carefully navigates in order to understand how knowledge production interacts with law. The reader learns the differences in values, law and objects between US and European patent politics. This comparison brings into focus the role that law, biotechnology corporations, scientists, activists, and more play in deciding what knowledge deserves legal protection. Patent Politics is a fascinating read that will continue to be relevant for many years to come. Chad J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California, San Diego. His research interests include the history of the human sciences, the influence of the behavioral sciences on medical practice and health policy, and political ac

Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk: Indigenous and Arrivant Rights Theories (Dartmouth College Press, 2018), expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers’ attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi, American Studies Professor at Ben-Gurion University of the Negev, analyzes nativity’s unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explain