New Books In Law

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them?  Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes vi

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA). Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unvei

The processes of secularization and desegregation were among the two most radical transformations of the American public school system in all its history. Many regard the 1962 and 1963 US Supreme Court rulings against school prayer and Bible-reading as the end of religion in public schools. Likewise, the 1954 Brown v. Board of Education case is seen as the dawn of school racial equality. Yet, these two major twentieth-century American educational movements are often perceived as having no bearing on one another. Without a Prayer: Religion and Race in New York City Public Schools (New York University Press, 2024) by Dr. Leslie Beth Ribovich redefines secularization and desegregation as intrinsically linked. Using New York City as a window into a national story, the volume argues that these rulings failed to successfully remove religion from public schools, because it was worked into the foundation of the public education structure, especially how public schools treated race and moral formation. Moreover, even

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Isla

In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual

Today’s book is: Witchcraft: A History in 13 Trials (Scribner, 2024), by Dr. Marion Gibson, which explores the global history of witch trials across Europe, Africa, and the Americas, told through thirteen distinct trials that illuminate a pattern of demonization and conspiratorial thinking that has profoundly shaped human history. Some of them are famous like the Salem witch trials, and some lesser-known, like the 1620s witch trial on Vardø island, Norway, where an indigenous Sami woman was accused of murder; the last witch trial in France in 1731, where a young woman was pitted against her confessor and cult leader; and a trial in Lesotho in 1948, where British colonial authorities executed local leaders. Exploring how witchcraft was feared, then decriminalized, and then reimagined as gendered persecution, Witchcraft takes on the intersections between gender and power, indigenous spirituality and colonial rule, political conspiracy and individual resistance. Offering a striking, dramatic journey unspooling o

Today I talked to Mie Nakachi about Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union (Oxford UP, 2021) In 1920, the Soviet Union became the first country in the world to legalize abortion on demand. But in 1936, the Soviet leadership criminalized abortion: the collectivization of the early 1930s was followed by famine that took the lives of millions of people, and the government grew eager to recover the population. Drawing on an amazing wealth of archival material, Nakachi traces the dynamic of Soviet reproductive policies that were invariably guided by pronatalist goals but almost always had damaging consequences. The 1944 Family Law, aimed at making up for the enormous human losses of World War II (27 million people died, 20 million of them men), relieved men of parental responsibilities, legal or financial, thereby encouraging them to father children out of wedlock. Given the devastation of the war and inadequate levels of government support, many women sought to avoid such bir

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so? Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that

Mexico is at the center of the global battle over abortion. In 2007, a watershed reform legalized the procedure in the national capital, making it one of just three places across Latin America where it was permitted at the time. Abortion care is now available on demand and free of cost through a pioneering program of the Mexico City Ministry of Health, which has served hundreds of thousands of women. At the same time, abortion laws have grown harsher in several states outside the capital as part of a coordinated national backlash. In Lawful Sins: Abortion Rights and Reproductive Governance in Mexico (Stanford University Press, 2022), Dr. Elyse Ona Singer argues that while pregnant women in Mexico today have options that were unavailable just over a decade ago, they are also subject to the expanded reach of the Mexican state and the Catholic Church over their bodies and reproductive lives. By analyzing the moral politics of clinical encounters in Mexico City's public abortion program, Lawful Sins offers a crit

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as we

In this compelling and informative interview, Carrie N. Baker discusses her newest book, Abortion Pills: US History and Politics (Amherst College Press, 2024). This book is the first comprehensive history of abortion pills in the United States, and Baker examines the actions of scientists, policy-makers, pharmaceutical companies, pro-abortion rights activists and anti-abortion forces as the abortion pill was developed in France in 1980, and subsequently brought to market in the United States. She carefully investigates the fight for FDA approval of the abortion pill, and reproductive rights advocates’ work to expand access. She pays particular attention to the critical period of 2020-2024 when in the midst of the COVID-19 pandemic telemedicine abortion became a possibility. Baker ends exploring attempts to restrict abortion pills and self-managed abortions in the wake of the Dobbs v. Jackson Women's Health Organization Supreme Court decision. In this thoroughly researched history, Baker draws on interviews wi

California has more unrecognized Native tribes than any other state - what led to this strange state of affairs, and what does this mean in practice?  In Unrecognized in California: Federal Acknowledgment and the San Luis Rey Band of Mission Indians (U Washington Press, 2024), San Diego State associate professor Olivia Chilcote answers these questions through the history and experience of her own tribe. Despite the inherent tribal sovereignty of the San Luis Rey Band, and indeed, of all Native tribes and nations, the long and difficult past of colonialism in California - from the Spanish, to the Mexican, to the American empires - has provided an array of obstacles to the acquisition of land and tribal recognition for the San Luis Rey Band and others. This unrecognized status has kept them from accessing several programs and protections, including NAGPRA. Yet, despite these headwinds, the San Luis Rey Band and other unrecognized California tribes nonetheless practice sovereignty in other ways, and in doing so

The redistribution of political and economic rights is inherently unequal in autocratic societies. Autocrats routinely divide their populations into included and excluded groups, creating particularistic citizenship through granting some groups access to rights and redistribution while restricting or denying access to others. This book asks: why would a government with powerful tools of exclusion expand access to socioeconomic citizenship rights? And when autocratic systems expand redistribution, whom do they choose to include? In Manipulating Authoritarian Citizenship: Security, Development, and Local Membership in China (Stanford UP, 2024), Samantha A. Vortherms examines the crucial case of China—where internal citizenship regimes control who can and cannot become a local citizen through the household registration system (hukou)—and uncovers how autocrats use such institutions to create particularistic membership in citizenship. Vortherms shows how local governments explicitly manipulate local citizenship m

Political Scientists Dan Mallinson and Lee Hannah, both experts on state-level politics and the policy making process, have a new book that focuses on the state-level process of legalization of medical cannabis across the United States. Green Rush: The Rise of Medical Marijuana in the United States (NYU Press, 2024) is a book that needed to be written, since it is an important exploration not only of the continuing policy conflicts and tensions around marijuana in the United States, but it specifically focuses on how states have taken up this issue and what they each did in moving towards medical marijuana’s accessibility. The marijuana question in in the United States remains a fascinating federalism dynamic, with national laws in conflict with state laws, and state laws operating in different ways, around both medical marijuana and legalized recreational use of cannabis. Mallinson and Hannah provide the reader with an excellent overview of policymaking designs and theories since their analysis takes up so m

Kitty Calavita, Chancellor’s Professor Emerita of Criminology, Law and Society at the University of California, Irvine, discuss the historical context and implications of Operation Wetback, a 1954 U.S. mass deportation of Mexican immigrants, and its relevance to President-elect Donald Trump's proposed mass deportation plans. Calavita explains that Operation Wetback aimed to address the economic utility of undocumented workers and political backlash against them, particularly during a recession and Cold War rhetoric. She highlights the logistical challenges of such operations, including the integration of immigrants into various industries and the legal protections against random stops. Calavita suggests that while high-profile roundups may occur, a massive deportation campaign is unlikely due to economic and logistical obstacles. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anticolonial movements of the twentieth century generated audacious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task.  In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge UP, 2024) traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions – parliament, judiciary, rights, property – were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a criti

On July 22, 1847, a group of about forty refugees entered the Salt Lake Valley. Among them were three enslaved men, two of whom shared the religion, Mormonism, that had caused them to flee. The valley was also home to members of the Ute tribe, who would sometimes barter captive women and children to Spanish colonizers. Thus, the question of whether the Latter-day Saints would accept or reject slavery in their new Zion confronted them on the day they first arrived. Five years later, after Utah had become an American territory, its legislature was prodded to take up the question then roiling the nation: would they be slave or free? George D. Watt, the official reporter for the 1852 legislative session, reported debates and speeches in Pitman shorthand. They remained in their original format, virtually untouched, for more than one hundred and fifty years, until LaJean Purcell Carruth transcribed them. In this eye-opening volume This Abominable Slavery: Race, Religion, and the Battle over Human Bondage in Antebe

Football is the national game in the United States – and many families and friends bond over their love of the sport. While few people play professional football, many participate in tackle football as children and adolescents. In the last decades, more attention has been paid to the dangers of playing tackle football, including traumatic brain injury and the degenerative brain disease, CTE (chronic traumatic encephalopathy). As more former players donated their brains, the rate of CTE surprised even those already concerned with traumatic brain injury. If the risks are so great, why do more than two million American children under the age of 18 continue to play tackle football? Is it the opportunity to contribute to a team? Overcome adversity? Test personal limits? In Tackle Football and Traumatic Brain Injuries: Law, Ethics, and Public Health (Johns Hopkins UP, 2024), Dr. Daniel S. Goldberg asks readers to think about American tackle football as an industry – like the American tobacco industry – that sells a

How can we protect diverse cultural expressions in an era of huge technological change? In Technology, Intellectual Property Law and Culture: The Tangification of Intangible Cultural Heritage (Routledge, 2024), Megan Rae Blakely, a lecturer in law at Lancaster University, examines the contemporary international legal context for heritage. The book uses three detailed case studies of Scotland, Ireland, and Wales, considering heritage in many different forms, from tourism and nation branding through to language and clothing. Rich in detail, but accessible for a those who are not specialists in law, technology, or heritage, the book is essential reading across the humanities and social sciences, as well as for anyone interested in how best to support and preserve the past. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the beginning of the twentieth century, two British inventors, Arthur Pollen and Harold Isherwood, became fascinated by a major military question: how to aim the big guns of battleships. These warships—of enormous geopolitical import before the advent of intercontinental missiles or drones—had to shoot in poor light and choppy seas at distant moving targets, conditions that impeded accurate gunfire. Seeing the need to account for a plethora of variables, Pollen and Isherwood built an integrated system for gathering data, calculating predictions, and transmitting the results to the gunners. At the heart of their invention was the most advanced analog computer of the day, a technological breakthrough that anticipated the famous Norden bombsight of World War II, the inertial guidance systems of nuclear missiles, and the networked “smart” systems that dominate combat today. Recognizing the value of Pollen and Isherwood’s invention, the British Royal Navy and the United States Navy pirated it, one after the oth