New Books In Law

Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here's the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do: A Legal Guide to Marriage, Gay and Otherwise (New Press, 2016), leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations any couple should address before tying the knot. She explains the rights married couples have--and those they do not. With cameos from some of the most prominent LGBTQ+ professionals, Schwartz explores all of the implications of marriage from name changes and getting a license to taxes, insurance, Social Security, and much more. Chapters on estate planning, pre- and post-nuptial agreements, and organizing finances make Before I Do a crucial handbook for anyone considering marriage--because, as Schwa

Lynching is often viewed as a narrow form of violence: either the spontaneous act of an angry mob against accused individuals, or a demonstration of white supremacy against an entire population considered subhuman. However, in this new treatise, historian Guy Lancaster exposes the multiple forms of violence hidden beneath the singular label of lynching. Lancaster, who has written extensively on racial violence, details several lynchings of Blacks by white posses in post-Reconstruction Arkansas. Drawing from the fields of history, philosophy, cognitive science, sociology, and literary theory, and quoting chilling contemporary accounts, he argues that the act of lynching encompasses five distinct but overlapping types of violence. This new framework reveals lynching to be even more of an atrocity than previously understood: that mobs did not disregard the humanity of their victims but rather reveled in it; that they were not simply enacting personal vengeance but manifesting an elite project of subjugation. Lan

California was born "under the shadow of slavery," writes Lynn Hudson, professor of history at the University of Illinois at Chicago. In West of Jim Crow: The Fight Against California's Color Line (U of Illinois Press, 2020), Hudson argues that despite its reputation as a land of opportunity and freedom, California's deeply racist past extended well into the twentieth century. As one Black Californian put it, the only difference between California and Mississippi was the way they were spelled. Yet, African Americans in the state nonetheless resisted Jim Crow in the West at every turn, from founding all Black communities to struggling to integrate public facilities such as swimming pools. West of Jim Crow is a fascinating look at how the myths about where Jim Crow segregation began and ended hide important truth's about segregation and discrimination's extent. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megap

Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture (Cornell UP, 2022), Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the divide. The Inquisition's scribes recorded every torment, every scream, and every confession in the torture chamber. Their transcripts reveal that Inquisitors used torture deliberately and meticulously, unlike the rash, improvised methods used by the United States after 9/11. In their relentless pursuit of underground Jewish communities in Spain and Mexico, the Inquisition tortured in cold blood. But they treated any information extracted with caution: torture was used to test information provided through other means, not to uncover startling new evidence. Hassner's findings in Anatomy of Torture have important implica

An alienated society divided into groups and classes suspicious of one another does not pose an especially great problem for an authoritarian regime that does not legitimize itself through fair elections. In contrast, democratic institutions presuppose a consensus about obeying common “rules of the game” and rely on a culture of trust and reciprocity. For democratic consolidation, citizens must respect and participate in shared democratic institutions. For instance, they should trust courts as the final arbiters in adjudicating disputes and respect judicial decisions even if they disagree with them. They should also recognize results of elections, even if their favorite candidate loses. – Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (2010) This book tackles three puzzles of pacted transitions to democracy. First, why do autocrats ever step down from power peacefully if they know that they may be held accountable for their involvement in the ancien régime? Second, when

Content Warning: discussion of execution gets a bit gruesome.  Jennifer Lodine-Chaffey, A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England (University of Alabama Press, 2022) provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part of the execution spectacle-one used to assess the victim's proper acceptance of death and godly repentance-was the final speech offered at the foot of the gallows or before the pyre. To ensure that their words on the scaffold held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. Just as important as their words, though, were the depictions of women's bodies. Drawing on a wide range of genres, from accounts of martyrdom to dramatic works, this study explores not only the words of women executed in Tudor and Stuart England, but also the ways that w

Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers’ best intentions result

Dr Lucy Series Deprivations of Liberty in The Shadows of the Institution (Bristol University Press, 2022) is one that I have long been looking forward to reading, and it did not disappoint. Series provides a rich historical and socio-legal context to bring new understanding of the post-carceral era, and the legacies of the institutions which continue to shape the contemporary era of social care detention. She provides an in-depth analysis of the very odd legal landscape that has been imported into the British care system, to draw out the specific logics, locus and temporality of a complex social problem, for which the legal solution has produced anomalous results. Her key concern goes beyond bringing new understanding of the ways that individuals are regulated and controlled. Crucially, Series delves into what we should be aiming for.  Dr Lucy Series is a lecturer in the school for policy studies at the University of Bristol. She also writes a fabulous blog, The Small Places. Learn more about your ad choices.

In this episode, our host Mariela Morales Suárez discusses the book Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022) by Dr. Larisa Kingston Mann. You’ll hear about: Dr. Mann’s intellectual trajectory and how she became interested in the topic of copyright in Jamaican popular music; The concept of “rude citizenship” through the Jamaican music world; What it means to be “original” from the perspective of copyrights, language, and diverse modes of cultural production in Jamaica; Dr. Mann’s writing process as a form of translation from fieldwork notes, archival materials, and music contents into ethnography; How to make the classroom a meaningful pedagogical space by learning from marginal voices and practices; What constitutes the exilic spaces, namely, the reimagining of marginalized spaces as sites of agency and sovereignty through music and cultural production; The transnational networks of the local music production in Jamaica and global f

As a deafblind woman with partial vision in one eye and bilateral hearing aids, Elsa Sjunneson lives at the crossroads of blindness and sight, hearing and deafness--much to the confusion of the world around her. While she cannot see well enough to operate without a guide dog or cane, she can see enough to know when someone is reacting to the visible signs of her blindness and can hear when they're whispering behind her back. And she certainly knows how wrong our one-size-fits-all definitions of disability can be. As a media studies professor, she's also seen the full range of blind and deaf portrayals on film, and here she deconstructs their impact, following common tropes through horror, romance, and everything in between. Part memoir, part cultural criticism, part history of the Deafblind experience, Being Seen: One Deafblind Woman's Fight to End Ableism (Simon Element, 2021) explores how our cultural concept of disability is more myth than fact, and the damage it does to us all. Learn more about your ad ch

What happens to the cultural politics of human rights when atrocities are rendered calculable, abuses are transformed into data, and victims become vectors? As human rights organizations have increasingly embraced information technologies this ‘datafication’ of rights has become both a reality and a pressing concern, one inextricably tangled up with questions regarding the broader political valences of human rights. In The Informational Logic of Human Rights (Edinburgh UP, 2022), Josh Bowsher resituates recent critiques of human rights within ongoing theoretical discussions concerning informational capitalism, digital culture and the politics of data. Critically analysing the contemporary human rights movement as an informational politics, Bowsher provides a new conceptual agenda for both exploring and overcoming the limits of human rights in an era shaped by the data flows, network infrastructures and informational logic of late capitalism. Louisa Hann recently attained a PhD in English and American studies

In Global Norms and Local Action: The Campaigns to End Violence against Women in Africa (Oxford UP, 2020), Peace A. Medie studies the domestic implementation of international norms by examining how and why two post-conflict states in Africa, Liberia and Côte d'Ivoire, have differed in their responses to rape and domestic violence. Specifically, she looks at the roles of the United Nations and women's movements in the establishment of specialized criminal justice sector agencies, and the referral of cases for prosecution. She argues that variation in implementation in Liberia and Côte d'Ivoire can be explained by the levels of international and domestic pressures that states face and by the favorability of domestic political and institutional conditions. Medie's study is based on interviews with over 300 policymakers, bureaucrats, staff at the UN and NGOs, police officers, and survivors of domestic violence and rape — an unprecedented depth of research into women's rights and gender violence norm implementatio

In 2015, the anonymous leak of the Panama Papers brought to light millions of financial and legal documents exposing how the superrich hide their money using complex webs of offshore vehicles. Spiderweb Capitalism: How Global Elites Exploit Frontier Markets (Princeton UP, 2022) takes you inside this shadow economy, uncovering the mechanics behind the invisible, mundane networks of lawyers, accountants, company secretaries, and fixers who facilitate the illicit movement of wealth across borders and around the globe. Kimberly Kay Hoang traveled more than 350,000 miles and conducted hundreds of in-depth interviews with private wealth managers, fund managers, entrepreneurs, C-suite executives, bankers, auditors, and other financial professionals. She traces the flow of capital from offshore funds in places like the Cayman Islands, Samoa, and Panama to special-purpose vehicles and holding companies in Singapore and Hong Kong, and how it finds its way into risky markets onshore in Vietnam and Myanmar. Hoang reveals

A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” —Title IX’s first thirty-seven words By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. Sherry Boschert's book 37 Words: Title IX and Fifty Years of Fighting Sex Discrimination (New Press, 2022) is the story of Title IX. Filled with rich characters—from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild—the story of Title IX is a legislative and legal drama with conflicts

Treason and Masculinity in Medieval England: Gender, Law and Political Culture (Boydell Press, 2020) by Dr. E. Amanda McVitty presents a groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender. Conflicts over treason tormented English political society in the later Middle Ages. As legal and political historians have shown, treason was always a constitutional matter as well as a legal one because it was pivotal in mediating the relationship between English kings, their political subjects and the abstraction of the crown. However, despite renewed interest in constitutional history, there has been no extended examination of treason in medieval England since the 1970s. This pioneering study presents a new interpretation of treason, not only as a legal construct, a political weapon and a tool for constitutional thinking, but also as a cultural category, aligning it with questions of gender, vernacularity and national identity. It examines cases from the

In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron (Duke University Press, 2022) Dr. Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an

The global war on drugs began some 150 years before US President Richard Nixon launched the current chapter of America’s drug war in 1971. In Opium’s Orphans: The 200-Year History of the War on Drugs (Reaktion Books, 2022), P. E. Caquet tells the story of “how an ever-larger group of mind-altering products came to be prohibited throughout the world, for what reasons, and with what effects.” The story opens with Britain’s two Opium Wars against the Chinese. Caquet shows how policies based on the properties of opium have been applied to disparate substances. The book describes how a worldwide effort, long led by the United States, to eliminate drugs at their sources has had unplanned consequences – economic, social, and political – while falling far short of the drug war’s stated goals. Finally, Caquet describes how “the last decade has seen an increasingly direct challenge to the international drug-control system.” Opium’s Orphans is a wide-ranging account of a profoundly consequential history whose origins, r

U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, even if he is often remembered for his four wives, as a potential vice-presidential nominee, as a target of impeachment proceedings, and for his tenure as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment. Douglas was the spiritual heir to early twentieth-century conservation pioneers such as Teddy Roosevelt and John Muir. His personal spiritual mantra embraced nature as a place of solitude, sanctuary, and refuge. Caught in the giant expansion of America's urban and transportation infrastructure after World War II, Douglas became a powerful leader in forging the ambitious goals of today's environmental movement. And, in doing so, Douglas became a true citizen justice. In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues w

Though relatively short, the 2022 book The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy (UP of Kansas, 2022) by Andrew Porwancher, Austin Coffey, Taylor Jipp, and Jake Mazeitis, is jam-packed with information about late 19th and early 20th Century legal history and the professionalization of American legal education. This is a moving tale of a professor whose acolytes included some of the giants of American jurisprudence (e.g., the judges and justices Oliver Wendell Holmes, Louis Brandeis, Learned Hand and the legal scholars John Henry Wigmore and Roscoe Pound). Even those not directly taught by Thayer, such as Felix Frankfurter, lauded him as an intellectual influence. You may be thinking, “Why should I take the time to read a book about a long-dead Harvard law professor?” Well, because many of the issues that James Bradley Thayer (1831-1902) and his students grappled with have shaped almost every encounter Americans have with the law and affect our rights from the workplace to the schoo

Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts: The Administration of Justice by Armed Insurgents (Oxford University Press, 2021) by Dr. Réne Provost offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups.