New Books In Law

How does the world of book reviews work? In Inside the Critics’ Circle: Book Reviewing in Uncertain Times (Princeton University Press, 2020), Phillipa Chong, assistant professor in sociology at McMaster University, provides a unique sociological analysis of how critics confront the different types of uncertainty associated with their practice. The book explores how reviewers get matched to books, the ethics and etiquette of negative reviews and ‘punching up’, along with professional identities and the future of criticism. The book is packed with interview material, coupled with accessible and easy to follow theoretical interventions, creating a text that will be of interest to social sciences, humanities, and general readers alike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court’s Brown v. Board of Education decision. In Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement (NewSouth Books, 2020), Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and p

In her intimidatingly brilliant new book Law and Politics Under the Abbasids: An Intellectual Portrait of al-Juwayni (Cambridge University Press, 2019), Sohaira Siddiqui conducts a masterful analysis of how conditions of political change and fragmentation generate intellectual debates and fermentation on the often-conflictual interaction of certainty, continuity, and community in Muslim thought and practice. Focused on the thought and career of the prominent 11th-century Muslim scholar al-Juwayni (d. 1085), Siddiqui examines the hermeneutical choices, operations, and conundrums that go into the negotiation of epistemic certainty in the realms of law and theology with the imperative of historical change and dynamism. The distinguishing hallmark of this book is the way it conducts a thoroughly interdisciplinary examination of early Muslim intellectual thought by putting Islamic law, theology, and politics into a productive and rather profound conversation. The outcome is a study that combines philological prowe

Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic (University of Alabama Press, 2020) traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children. Erika Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scho

The State of Indiana denies one million applications for healthcare, foodstamps and cash benefits in three years―because a new computer system interprets any mistake as “failure to cooperate.” In Los Angeles, an algorithm calculates the comparative vulnerability of tens of thousands of homeless people in order to prioritize them for an inadequate pool of housing resources. In Pittsburgh, a child welfare agency uses a statistical model to try to predict which children might be future victims of abuse or neglect. Since the dawn of the digital age, decision-making in finance, employment, politics, health and human services has undergone revolutionary change. Today, automated systems―rather than humans―control which neighborhoods get policed, which families attain needed resources, and who is investigated for fraud. While we all live under this new regime of data, the most invasive and punitive systems are aimed at the poor. In Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (St. M

Eric Lomazoff has written a kind of detective novel about the national bank controversy during the early years of the new republic. Lomazoff poses, in the introduction, and at the start of each chapter, the general understanding that many scholars and citizens have about the bank controversy itself and the constitutional decision in McCulloch vs. Maryland. And Lomazoff notes that these contours are generally accurate but that they elide significant components of the controversy that is actually spread out over an extended period of time. Given this more extensive time frame, Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic (University of Chicago Press, 2018) does exactly what the title promises, in compiling different aspects of our understanding of the controversy, and integrating key shifts in the political and economic landscape that also changed parts of the actual controversy itself. Lomazoff takes the reader through the general understanding of the National B

Robin Pickering-Iazzi’s Dead Silent: Life Stories of Girls and Women Killed by the Italian Mafias, 1878-2018 is the first history of its kind in English. An open access ebook, this study literally “unburies” the identities of over two-hundred girls and women who lived in Italy between 1878 and 2018, and were killed by members of the organized crime from different regions of Italy, including the camorra (Naples), Cosa Nostra (Sicily), ’ndrangheta (Calabria), and the United Sacred Crown (Puglia). By providing their background, the circumstances of their deaths, and the often unsatisfactory (if any) legal conclusions of their stories, this impressive counter-archive of the past raises several related questions on the women of Dead Silent. Some played a role within the clan, others were simply mafiosis’ daughters or wives, many had no relationship at all with the mafia and were killed accidentally, others were kidnapped for a ransom, and, finally, some were well known antimafia judges or journalists. How are the

Law and Self-Knowledge in the Talmud (Cambridge UP, 2018) examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffman Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information, a process that included the rabbis’ willingness to limit their own power. Hoffman examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their

In 2015, University of Toronto professor Julie MacArthur decided to follow a couple more leads in the search for the long-missing, feared-lost transcript of the trial of legendary Mau Mau leader Dedan KImathi. She found herself amidst the papers of an anti-colonial London lawyer Ralph Millner who assisted the august barrister Dingle Foot in defending Kimathi before the Court of Appeals in colonial Kenya. There she found the full file of not only the appellate case, but the original trial as well, transcripts, exhibits, and police reports. The file showed that a dubious file of the trial transcript in the Kenyan National Archives to be a forgery, but its discovery prompted the release of further files in Kenya. This momentous discovery not only sheds light on this key figure in Kenyan history, and the trauma and the Mau Mau rebellion, but also unstable nature of archives and historical memory. Dedan Kimathi on Trial: Colonial Justice and Popular Memory in Kenya’s Mau Mau Rebellion (Ohio University Press, 2017)

Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. The book I’m looking at today is Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others Are Demanding Their Rightful Place in Public Life, by Jay Wexler. In it, he travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality,

In her new book Broke: Hardship and Resilience in a City of Broken Promise (St. Martin's Press, 2019), Jodie Adams Kirshner tells the story of the people of Detroit before, during, and after its bankruptcy, offering lessons about urban governance, post-industrial economics, development, and the usefulness of bankruptcy itself as a tool to aid U.S. cities. Join us to hear the fascinating, infuriating, and heartbreaking stories of Detroiters struggling to build better lives for themselves and their neighborhoods. 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 People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices

On this episode of the New Books Network, Dr. Lee Pierce (she/they)--Asst. Prof. of Rhetoric and Communication at the State University of New York at Geneseo--interviews Dr. Kate Lockwood Harris (she/they)--Department of Communication Studies at the University of Minnesota -on the courageous new book Beyond the Rapist: Title IX and Sexual Violence on US Campuses (Oxford University Press, 2019). Beyond the Rapists asks how and to what end scholars of communication and the public at large might look “beyond the rapist”--beyond the individuals who perpetuate violence and toward the organizations through whom violence is authorized and distributed. Dr. Lockwood Harris makes the provocative claim that organizations communicate differently but no less impactfully than direct action and advocates for a new perspective on what it means for an organization to do violence along raced and gendered lines in today’s higher education climate. Learn more about your ad choices. Visit megaphone.fm/adchoices

It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course: The Everyday Struggle to Get an Abortion in America (University of California Press, 2020) tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote l

Michael Bobelian has written a history of the nomination of Abe Fortas to be Chief Justice of the U.S. Supreme Court in 1968. In Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court (Schaffner, 2019), he reminds us of the intense political battle over Lyndon Johnson’s legacy nomination of then-associate justice Abe Fortas to the chief justiceship. Bobelian’s account, relying upon a wealth of archival materials, including primary sources from presidential libraries, Senate hearings, and interviews, recreates the political world of Washington, D.C. in the 1960s, during the height of the Warren Court’s influence. Bobelian assesses the motives for various actors, such as segregationist Strom Thurmond, moderate Robert Griffin, and liberals Abe Fortas and Earl Warren, in their roles in the nomination process. He makes the argument that the politicization of the nomination process did not begin with Robert Bork’s nomination in 1987, but trul

Three years after the withdrawal of the Open Internet Order – then-President Barack Obama’s attempt at codifying network neutrality by prohibiting internet service providers from discriminating between content – by the Federal Communications Commission, a need to holistically understand the net neutrality debates still exists. How can we make sense of the intensification of controversy, the advocacy and protests, and the political and corporate wrangling? In his new book, The Paradoxes of Network Neutralities (MIT Press, 2019), Russell A. Newman, an assistant professor at Emerson College, sets out to provide an explication of the debates surrounding network neutrality. To do this, Newman critically examines the narratives put forth that erase elements foundational for interpreting the trajectory of open internet regulation, as well as comprehending the systems and impacts of internet advocacy, and the disparate rhetorics involved in this cause. Learn more about your ad choices. Visit megaphone.fm/adchoices

America has the largest incarcerated population in the world. This staggering and troubling fact has driven a great deal of scholarship. Much of this research has shown that mass incarceration in America is facilitated by systemic racial discrimination, which disproportionately affects African-American and Latinx communities. Only recently have scholars focused on the role of religion in American prisons. In American Prisons: A Critical Primer on Culture and Conversion to Islam (First Edition Design, 2017), SpearIt, Professor in the Thurgood Marshall School of Law at Texas Southern University, brings the subject of incarcerated Muslims into focus. The collection of essays synthesizes SpearIt’s legal and academic work on issues of conversion, radicalization, and Muslim prisoner rights. Overall, the collection demonstrates that prisons are a crucial space for understanding the history of Muslims in America. In our conversation we discussed how Muslims have shaped religious life in prisons, the everyday challeng

If you’re a grad student facing the ugly reality of finding a tenure-track job, you could easily be forgiven for thinking about a career change. However, if you’ve spent the last several years working on a PhD, or if you’re a faculty member whose career has basically consisted of higher ed, switching isn’t so easy. PhD holders are mostly trained to work as professors, and making easy connections to other careers is no mean feat. Because the people you know were generally trained to do the same sorts of things, an easy source of advice might not be there for you. Thankfully, for anybody who wishes there was a guidebook that would just break all of this down, that book has now been written. Going Alt-Ac: A Guide to Alternative Academic Careers (Stylus Publishing, 2020) by Kathryn E. Linder, Kevin Kelly, and Thomas J. Tobin offers practical advice and step-by-step instructions on how to decide if you want to leave behind academia and how to start searching for a new career. If a lot of career advice is too vague

Much of the confusion about a central event in United States history begins with the name the "Civil War." In reality, the Civil War was not merely civil--meaning national--and not merely a war, but instead an international conflict of ideas as well as armies. Its implications transformed the U.S. Constitution and reshaped a world order, as political and economic systems grounded in slavery and empire clashed with the democratic process of republican forms of government. And it spilled over national boundaries, tying the United States together with Cuba, Spain, Mexico, Britain, and France in a struggle over the future of slavery and of republics. In The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic (University of North Carolina Press, 2019), Gregory P. Downs argues that we can see the Civil War anew by understanding it as a revolution. More than a fight to preserve the Union and end slavery, the conflict refashioned a nation, in part by remaking its

Why do even successful clean energy policies fail to create momentum for more renewable energy? In her new book Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy and Climate Policy in the American States (Oxford University Press, 2020), Leah Stokes analyzes policy-making in Texas, Kansas, Arizona, and Ohio to understand the dynamics of clean energy policy. This remarkably ambitious work urges political scientists to refocus on the manner in which interest groups prevent or reverse clean energy policies. Her case studies reveal the particular conditions and mechanisms through which interest groups “short circuit” policy by undermining and obscuring policy feedback. This rich and nuanced qualitative study of several cases yields insights on the role that ambiguity plays in policy change. The “fog of enactment” (the gap between actors expectations and the policy’s actual outcome) helps explain why it is so difficult to implement clean energy policy. Because ambiguity shrinks after impleme

It is often said that with the election of Donald Trump nativism was raised from the dead. After all, here was a president who organized his campaign around a rhetoric of unvarnished racism and xenophobia. Among his first acts on taking office was to issue an executive order blocking Muslim immigrants from entering the United States. But although his actions may often seem unprecedented, they are not as unusual as many people believe. This story doesn’t begin with Trump. For decades, Republicans and Democrats alike have employed xenophobic ideas and policies, declaring time and again that “illegal immigration” is a threat to the nation’s security, wellbeing, and future. The profound forces of all-American nativism have, in fact, been pushing politics so far to the right over the last forty years that, for many people, Trump began to look reasonable. As Daniel Denvir argues, issues as diverse as austerity economics, free trade, mass incarceration, the drug war, the contours of the post 9/11 security state, and