New Books In Law

What standard should be used to assess presidential misconduct during the Trump presidency? How should the public, press, Congress, and bureaucracy resist and punish executive misconduct? Presidential Misconduct: From George Washington to Today (The New Press, 2019) insists we must look back to look forward. The book provides a comprehensive study of American presidents' misconduct and their response to charges against them. The book provides a unique context by which to understand and evaluate the impeachment of Donald Trump. The origins of the book are unique. During the 1974 Nixon impeachment hearings, committee leaders ask a group of historians to catalogue presidential misconduct – in 8 weeks. This updated edition provides case studies through the presidency of Barack Obama as well as an excellent introduction by James M. Banner, Jr. (one of the original authors of the 1974 study who also provides chapters on Jefferson, Madison, and Monroe). Jeremi Suri’s analysis of Ronald Reagan’s presidency (EPA, HUD,

Over the course of less than a century, the U.S. transformed from a nation that excluded Asians from immigration and citizenship to one that receives more immigrants from Asia than from anywhere else in the world. Yet questions of how that dramatic shift took place have long gone unanswered. In Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion (University of North Carolina Press, 2019), Jane H. Hong unearths the transpacific movement that successfully ended restrictions on Asian immigration. The mid-twentieth century repeal of Asian exclusion, Hong shows, was part of the price of America's postwar empire in Asia. The demands of U.S. empire-building during an era of decolonization created new opportunities for advocates from both the U.S. and Asia to lobby U.S. Congress for repeal. Drawing from sources in the United States, India, and the Philippines, Opening the Gates to Asia charts a movement more than twenty years in the making. Positioning repeal at the intersection of U.S. civi

In The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), Joseph Blocher and Darrell A.H. Miller insist that the Second Amendment is widely recognized but fundamentally misunderstood by the public and public officials. Misconceptions about what the amendment allows, forbids, and how it function as law distort American debates and public policy. Blocher and Miller provide a nuanced synthesis of politics, history, and legal arguments to recover a more balanced discourse – what they call a “positive” Second Amendment” – that accommodates both a right to bear arms and reasonable regulation. Blocher and Miller begin with a puzzle. After the Sandy Hook shootings, 90% of the public and 74% of NRA members supported background checks for guns purchased at gun shows and online – yet the Manchin-Toomey Amendment failed in the Senate. The power of interest groups, Blocher and Miller insist, does not fully explain the disconnect between public opinion and policy. Ex

One of the central pillars of US counterterrorism policy is that capturing or killing a terrorist group's leader is effective. Yet this pillar rests more on a foundation of faith than facts. In Leadership Decapitation: Strategic Targeting of Terrorist Organizations (Stanford University Press, 2019), Jenna Jordan examines over a thousand instances of leadership targeting—involving groups such as Hamas, al Qaeda, Shining Path, and ISIS—to identify the successes, failures, and unintended consequences of this strategy. As Jordan demonstrates, group infrastructure, ideology, and popular support all play a role in determining how and why leadership decapitation succeeds or fails. Taking heed of these conditions is essential to an effective counterterrorism policy going forward. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices

How did Muslims respond to foreign goods in an age characterized by global exchange and European imperial expansion? What sort of legal reasoning did scholars apply in order to appropriate – or reject – items like the synthetic toothbrush, toilet paper, gramophones, photographs, railway lines, banknotes, hats, and other commodities? What role did laypeople play in shaping the contours of the scholarly debates around these items and projects? How did the entanglements of imperial power plays affect the decisions made by these scholars and laypersons? In Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935 (Columbia University Press, 2019), Leor Halevi tackles these questions by exploring how Muslim reformers employed sophisticated legal reasoning rooted in textual sources as well as social context to account for the introduction of these new commodities, technologies, and laws in their rapidly changing societies. By focusing on the works of Rashid Rida – the Syrian-Egyp

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. In Adcreep: The Case Against Modern Marketing (Stanford Law Books, 2017), Mark Bartholomew journeys through the curious and sometimes troubling world of modern advertising. Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thou

In his provocative new book, Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris (Temple University Press, 2019), Dr. Andrew Israel Ross maps out the intersection between histories of sexualities and the urban history of Paris in the 1800s. He examines how the regulation of public sex created new ways of understanding the relationship between individuals and the spaces they inhabited. In this interview, he discusses the policing of prostitution through government-sanctioned brothels, efforts to regulate male same-sex sexual activity at the city’s public urinals, Haussmannization and the creation of new sites for public sex, and the emergence of new sexual identities in the Third Republic. Beth Mauldin is an Associate Professor of French at Georgia Gwinnett College in Lawrenceville, Georgia. Her research interests include French cultural studies, film, and the social and cultural history of Paris. Learn more about your ad choices. Visit megaphone.fm/adchoices

Stanley Fish is a well-known scholar regarding the First Amendment and free speech. In his latest book, The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-truth, and Donald Trump (One Signal, 2019), Professor Fish discusses the popular and legal meanings of the First Amendment’s speech and religion clauses. He argues that speech is not an apolitical concept, but is in fact often invoked for political purposes. Although he favors a robust zone of free speech, he is careful to note what speech law does and should protect versus what it does not, or should not, protect. He makes distinctions between freedom of inquiry in an academic setting and the claims of absolutists regarding free speech on campuses. He is also concerned with what he considers the “poor fit” of the modern interpretation of the religion clauses (Free Exercise and Establishment Clauses) with the Constitution’s concerns with individual liberty. In addition to the Constitution, Professor Fish discusses th

Immigration is one of the most complex issues of our time in the United States and around the world. Enforcing immigration law in the U.S. involves a mix of courts and executive agencies with lots of opportunities for confusion, miscommunication, and changes in approach from administration to administration. While these things are nothing new, they take on a new dimension when the lives of undocumented immigrants and asylum seekers are at stake. Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, is an expert in immigration law and joins us this week to discuss how discretion, checks and balances, and the rule of law figure into immigration enforcement — particularly in the Trump administration. Her new book, Banned: Immigration Enforcement in the Time of Trump (New York University Press, 2019), includes interviews with former immigration officials and people impacted by the Trump administration’s immigra

“The things that are happening to North Korea are happening to all of us…they are part of the human community. To say that this is just a problem for North Korea is to say that North Koreans are not part of the human community.” In her new book, Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record (Columbia University Press, 2019), Sandra Fahy gives a thorough and compelling analysis of testimonies and reports on North Korea. Fahy explores the United Nation’s report as well as North Korea’s response to the report. The book also tackles issues of famine and hunger, information control, movement within the country and outside it, in addition to other pertinent issues. The book is full of detailed reporting on the issues but is still written in an accessible way in order to help readers understand more about North Korea and its people. Sarah E. Patterson is a Postdoctoral Fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by

Professor Talitha LeFlouria, a fellow at the Carter G. Woodson Institute at the University of Virginia, discusses her book, Chained in Silence: Black Women and Convict Labor in the New South (University of North Carolina Press, 2016) and the lives, labors, and legacies of incarcerated black women and the convict lease system in the early 20th century South. In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating

Long-term solitary confinement meets the legal definition of torture, and yet solitary confinement is used in every state in the United States. People are placed in solitary confinement for a variety of reasons, and long-term solitary confinement can have a harmful effect on mental and physical health. Reform is happening, but the use of solitary confinement is still a problem in the US. Taylor Pendergrass, a lawyer who works on criminal justice reform for the ACLU, has spent over a decade collecting stories of people who have been impacted by the criminal justice system. Along with Mateo Hoke, he has co-edited the book Six by Ten: Stories from Solitary (Haymarket, 2018). In addition to a primer and brief history of solitary confinement, the book consists of personal history narratives. The stories are by people who have spent time in solitary confinement, family members, and people who have worked in prison systems. Voices of people who are, or have been, in solitary confinement are rare to hear, because the

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford UP, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the S

What happens when a religion is demonized to such an extent that it is no longer deemed a religion – but an ideology? What effect does such a political refashioning of a religion have on the rights to free expression of its adherents? What are the implications of politicizing and secularizing a religion as it concerns religious liberty and diversity? How does this treatment of one religion set a precedent for treatment of them all? In When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom (Pegasus Books, 2019), Asma T. Uddin grapples precisely with these questions. Through weaving personal narrative, legal training, and historical grounding into her book, Asma breaks down prevailing stereotypes about Muslims and Islam, details the various mechanisms and consequences of religious bigotry and animus, and underscores the importance of religious liberty for all communities in a highly accessible and graceful language. Asad Dandia is a graduate student of Islamic Studies at Columbia University.

In this latest book, Stephen F. Knott continues his extensive research of the American presidency, from the Founders’ concept of the office to the current office holder. In The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (University of Kansas Press, 2019), Knott guides the reader through more than 200 years of presidents and the changes that these individuals have brought to the office itself. Knott—a scholar of the founding period, and, in particular, of Alexander Hamilton and the role that he played in establishing the Executive branch in the constitutional system—explores the foundational ideas for the presidency and the ways in which Hamilton and George Washington, as the first inhabitant in that office, tried to establish the office as one that was imbued with dignity while still remaining accessible to the people. The Lost Soul of The American Presidency traces, essentially, what happened next, after Washington left office, and how the pressures and t

It has become a truism that work has become less secure and more precarious for a widening swath of American workers. Why and how this has happened, and what workers can and should do about it, is the subject of a wide-ranging new book, Temp: How American Work, American Business, and the American Dream became Temporary (Viking, 2018). In Temp, Louis Hyman, Professor of History at the Industrial and Labor Relations School of Cornell University, presents a detailed history of the unraveling of steady work. Hyman acknowledges that secure, lucrative, meaningful work has never been equally available to all Americans, even amidst the prosperity of the post-WWII era. He also argues compellingly that the shift toward privileging shareholders over employees and short-term profit over long-term prosperity was not inevitable, nor is it irreversible. Jobs are less secure today not because the market demanded it but because, starting as early as the 1950s, executives, consultants, and policy makers decided to make them th

In Rethinking Human Enhancement: Social Enhancement and Emergent Technologies (Palgrave Macmillan, 2014), Laura Cabrera discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices

Philip M. Napoli has been thinking about algorithmic news and social media feed curation for quite some time, as he acknowledges in his new book, Social Media and the Public Interest: Media Regulation in the Disinformation Age (Columbia University Press, 2019). Initially this topic was not as pressing as it now seems to be, but Napoli has been exploring this issue and and trying to figure out how it might work in terms of regulation – self, governmental, or otherwise – for a while. Social Media and the Public Interest approaches this complex and multi-layered issue from a host of perspectives, leading the reader into the broader discussion through a history of social media, but that history itself is positioned within a brief but important history of the internet and the world wide web. At the same time, the book covers a lot of important ground in thinking about the First Amendment, how journalism operates in the age of social media and an otherwise fluid and changing environment for traditional media. Napol

What happens to families and communities after immigration raids? William D. Lopez answers this question and more in his new book Separated: Family & Community in the Aftermath of an Immigration Raid (Johns Hopkins UP, 2019). Using ethnographic methods and interviews to deep dive into the aftermath of a local immigration raid, Lopez provides the stories of community members affected by the event and how their lives are changed forever after. The book provides a robust background of information regarding policy issues relevant to the current immigration climate, like the REAL ID act, as well as experiences from a myriad of perspectives. Lopez also draws on lessons from the Black Lives Matter movement and provides a rich discussion of his positionality (called "reflexivity" in research methods). Overall, this book provides a powerful testimony to events happening in our communities and neighborhoods and is written to a wide audience. This book would align well with graduate level courses on policy, families, ra

Today I talked to David H. McIntyre about How to Think about Homeland Security; Volume 1: The Imperfect Intersection of National Security and Public Safety and Volume 2: Risk, Threats, and the New Normal (Rowman & Littlefield, 2019). The next evolution in improving homeland security is to analyze and evaluate various theories of bureaucratic change against the national-level catastrophic threats we are most likely to face. This synthesis provides the bridge between volume 1 (understanding homeland security) and the next in the series (understanding the risk and threats to domestic security). Volume 1: The Imperfect Intersection of National Security and Public Safety explains homeland security as a struggle to meet new national security threats with traditional public safety practitioners. It offers a new solution that reaches beyond training and equipment to change practitioner culture through education. This first volume represents a major new contribution to the literature by recognizing that homeland secur