New Books In Law

Verónica Martínez-Matsuda about her book Migrant Citizenship: Race, Rights, and Reform in the U.S. Farm Labor Camp Program (University of Pennsylvania Press). Migrant Citizenship exams the Farm Security Administration’s Migratory Labor Camp Program, and its role in the daily lives of a diverse number of farmworker families. Martínez-Matsuda thoroughly investigates the way public policy was used to intervene in the lives of migrant workers, and how these workers sought to transform their own lives and the country around them through appealing to American democratic principles and forming movements to pursue social justice and civil rights. Martínez-Matsuda’s study showcase the many ways that the FAS’s history, and these migrant workers, is integral to understanding both historical and modern struggles in farm labor relations. Verónica Martínez-Matsuda is an Associate Professor at Cornell University’s ILR School. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn m

Before Ronald Reagan appointed Sandra Day O’Connor to the Supreme Court in 1981, nine highly qualified women were on the shortlist. What do the stories of these women tell us about the judiciary? Gender? Feminism? Race? In Shortlisted: Women in the Shadows of the Supreme Court (NYU Press, 2020), Renee Knake Jefferson (professor at the University of Houston Law Center) and Hannah Brenner Johnson (Vice Dean and a law professor at California Western School of Law in San Diego) demonstrate how highly (and often overly) qualified woman are shortlisted by presidents -- from Herbert Hoover to Donald Trump -- to create the appearance of diversity before a (white) man is selected to preserve the status quo. Short-listing isn’t success but symptom of a problem. Jefferson and Johnson’s research in presidential libraries, private papers, oral histories, the Nixon tapes, and biographies reveals that presidents as early as Herbert Hoover began discussing female candidates – though presidents set aside overly qualified wome

In The Movement for Reproductive Justice: Empowering Women of Color through Social Activism (NYU Press, 2020), Pat Zavella shows how reproductive justice organizations' collaborative work across racial lines provides a compelling model for other groups to successfully influence change. In the context of the war on women's reproductive rights and its disproportionate effect on women of color, and increased legal violence toward immigrants, The Movement for Reproductive Justice demonstrates that a truly intersectional movement built on grassroots organizing, culture shift work, and policy advocating can offer visions of strength, resiliency, and dignity for all. Dr. Pat Zavella is Professor Emerita in the Department of Latin American and Latino Studies at the University of California, Santa Cruz. She is also the author of I’m Neither Here nor There: Mexicans’ Quotidian Struggles with Migration and Poverty and coauthor of Telling to Live: Latina Feminist Testimonios. Dr. Isabel Machado is a Postdoctoral Fellow i

Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evaluating the interwoven trajectories of the people, like itinerant ship-workers and colonial magistrates, who built France’s first empire in the Atlantic and Indian Oceans in the long eighteenth century. Imperial subjects like these sought political and legal influence via law courts, with strategies that reflected local and regional priorities, especially in regards to slavery, war, and trade. Courts became liaisons between France and new colonial possessions. Byline: Dr. Julia M. Gossard is assistant professor of history and distinguished assistant professor of honor’s education at Utah State University. A historian of

In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous detective and others hid their violence, and the arduous struggle to get Burge fired and win reparations for survivors. He blends legal and social history with ethnography to chronicle the labyrinthine legal system that concealed this torture, and the challenges of political coalition-building across class, race, and prison walls. The result is a history of the fraying reform discourse with which we live. Andrew S. Baer is assistant professor of history with a secondary appointment in African American studies at the University of Alabama at Birmingham. Patrick Reilly studies US history, race, and civilian cooperation wi

To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law: The Last Two and a Half Millennia (Harvard UP, 2019), Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identifying what European law was, where its iterations could be found, who was allowed to make and implement it, and what the results were, she ties legal norms to their historical circumstances, and allows readers to grasp their malleability and fragility. Herzog describes how successive European legal systems built upon one another, from ancient times through the establishment and growth of the European Union. Roman law formed the backbone of each configuration, though the way it was understood, used, and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and Eng

Abolitionism and the Persistence of Slavery in Italian States 1750–1850 (Palgrave MacMillian, 2019) offers a pioneering study of slavery in the Italian states. Documenting previously unstudied cases of slavery in six Italian cities—Naples, Caserta, Rome, Palermo, Livorno and Genoa—Giulia Bonazza investigates why slavery survived into the middle of the nineteenth century, even as the abolitionist debate raged internationally and most states had abolished it. She contextualizes these cases of residual slavery from 1750–1850, focusing on two juridical and political watersheds: after the Napoleonic period, when the Italian states (with the exception of the Papal States) adopted constitutions outlawing slavery; and after the Congress of Vienna, when diplomatic relations between the Italian states, France and Great Britain intensified and slavery was condemned in terms that covered only the Atlantic slave trade. By excavating the lives of men and women who remained in slavery after abolition, this book sheds new li

Undocumented youth activists are at the forefront of the present-day immigrant rights movement. This is especially true surrounding the activism of the recent SCOTUS decision on DACA issued on June 18, 2020. Professor Kevin Escudero’s book, Organizing While Undocumented: Immigrant Youth’s Political Activism Under the Law (New York University Press, 2020), depicts just how undocumented immigrant youth have utilized their identities for political action between 2010-2019. By developing what he calls the “Identity Mobilization Model,” Escudero studies the intersectional collective identity formation of undocumented immigrant communities by focusing on how micro-level processes interact with macro-level legal structures.   Escudero uses intimate narrative accounts of individual experiences, community gatherings, and organizer meetings to show how undocumented immigrant youth activists emphasized the heterogeneity of the movement while also forming coalitions with other movements. Escudero drew on ethnographic par

The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities. Taking a long historical perspective, the book compares the political trajectory in the three regions from the 1970s until the present. Key political events are analyzed for their strategies, tactics, success and lessons learned. An assessment is made as to how these significant political events have informed the key actor’s struggles for democracy, and also the wider democracy trajectory. Crucially, by drawing on key events, Andreas Fulda demonstrates how the Chinese Communist Party uses “sharp power” to penetrate the political and information environments in Western democracies, and manipulate debate and suppress dissenters living both inside and outside China – with the intent of strengthening its own political positi

Juries are a cornerstone of the criminal trial, but what happens when the jury engages in its own kind of mischief? In this book, Jeremy Gans delves into the case of R v Young, where a newly married couple was murdered in cold blood. At trial, some jurors turned to a Ouija board for guidance. One of the appeal judges, Sir Ronald Waterhouse described the case as ‘the most bizarre appeal that I sat on… The whole episode had the flavour of a television play rather than a real-life (and very grave) criminal trial.’ These seemingly salacious details conceal deeper issues encountered by jurors, and the criminal justice system at large. What are the ramifications of requiring twelve lay people to bear the burden of decision making in the criminal process? How can we, and should be trust juror deliberations? What should be the consequences if things go wrong? In The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System (Waterside Press, 2017), Gans considers these, and other issues which challenge the m

How did an authoritarian regime help lay the cornerstones of human rights and international law? Soviet Judgement at Nuremberg: A New History of the International Military Tribunal  (Oxford University Press, 2020) argues that Anglo-American dominated histories capture the moment while missing the story. Drawing upon secret archives open for a few brief years during Russia’s liberalization, Francine Hirsch takes readers behind the scenes to private parties and late-night deliberations where the Nuremberg Principles took shape. A vital corrective told through the messy and all too human negotiations behind a trial that changed everything and almost never happened. Francine Hirsch is the Vilas Distinguished Achievement Professor of History at University of Wisconsin-Madison. Her first book Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (Cornell UP, 2005) received the Herbert Baxter Adams, Wayne S. Vucinich, and Council for European Studies book prizes. She specializes in Russian and

In his new book Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring (Sarah Crichton Books, 2019), District Judge Richard M. Gergel asks pertinent questions for the Summer of 2020. How do tragic events awaken white people to the violence of structural racism? What do white people do about it? How do black leaders shape their agendas? Unexampled Courage connects the stories of Isaac Woodard, Harry Truman, and J. Waties Waring to illustrate how one incident fits into the larger history of civil rights. On February 12, 1946, Sergeant Isaac Woodard was discharged from the United States military after serving in World War II. While traveling home by bus, Woodard, one of the 900,000 African American men to serve in WWII, was pulled off the bus and arrested for speaking disrespectfully to the white bus driver. While in the custody of police in Batesburg, South Carolina, Sergeant Woodard was beaten and blinded. Viewed in isolation, the blindi

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present. Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Go

What kind of discrimination do Black women face in the legal profession? Tsedale Melaku explores this question and more in her new book: You Don’t Look Like a Lawyer: Black Women and Systemic Gendered Racism (Rowman & Littlefield, 2019). Using in-depth interviews with Black women about their lived experiences working in elite law firms, Melaku explores topics including double burden, system gendered racism, and color-blind ideology. She also pushes our thinking further about these issues through discovery of issues including the invisible labor clause and inclusion tax. Her respondents elaborate on their experiences of having their appearances and positions continually scrutinized, leading to hypervisibility and invisibility. Melaku also explores women’s experiences of isolation, exclusion, and ultimately attrition through daily experiences as well as through important relationships within professional networks. This book will be of interest to many readers inside and outside of Sociology. Scholars of race, g

People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework. Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework.

In this episode, Siobhan talks with Robert T. Chase about his book, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America (UNC Press, 2020). In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Chase

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Adam McNeil is a third year Ph.D

Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia. In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison. We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists. Dr. Dean also introduces the Human Trafficking Policy Index -

When Americans think about trials of Holocaust perpetrators, they generally think of the Nuremberg Trials or the trial of Adolf Eichmann or perhaps of the Frankfort trials of perpetrators from Auschwitz. If they think of Polish trials at all, they likely assume these were show trials driven by political goals rather than an interest in justice. Gabriel Finder and Alexander Prusin's book Justice behind the Iron Curtain: Nazis on Trial in Communist Poland (University of Toronto Press, 2018) shows that the truth was considerably more nuanced. The book is a comprehensive account of the trials of Nazi perpetrators conducted in liberated and postwar Poland. But it’s more than that—it’s a reflection on how politics impact justice, on what trials can teach us about perpetrator behavior, and on the ways in which ordinary Poles responded to the Holocaust. Finder and Prusin show that the trials were shaped by their political context. But this context allowed and sometimes encouraged the participation of a variety of act

Legislative Development in Africa: Politics and Postcolonial Legacies (Cambridge University Press, 2019) examines the development of African legislatures from their colonial origins through independence, autocracy and the transition to multi-party rule. In it, Ken Ochieng’ Opalo seeks to explain the different trajectories that African legislatures have taken, why some have become stronger than others, and what are the conditions that allow for democratic institutions to emerge from an autocratic system. The book combines a broad historical analysis of legislatures throughout Africa with the comparative case studies of Kenya and Zambia. It employs both quantitative and qualitative data to support the argument that despite the limitations imposed by autocratic rulers, the seeds for the development of strong legislatures can be planted during periods of non-democratic rule. The author presents a dynamic and well-argued model for the study of legislatures in post-colonial states, and argues for a more nuanced and