New Books In Law

A shattering account of the crack cocaine years from award-winning American historian David Farber, Crack: Rock Cocaine, Street Capitalism, and the Decade of Greed (Cambridge University Press, 2019) tells the story of the young men who bet their lives on the rewards of selling 'rock' cocaine, the people who gave themselves over to the crack pipe, and the often-merciless authorities who incarcerated legions of African Americans caught in the crack cocaine underworld. Based on interviews, archival research, judicial records, underground videos, and prison memoirs, Crack explains why, in a de-industrializing America in which market forces ruled and entrepreneurial risk-taking was celebrated, the crack industry was a lucrative enterprise for the 'Horatio Alger boys' of their place and time. These young, predominately African American entrepreneurs were profit-sharing partners in a deviant, criminal form of economic globalization. Hip Hop artists often celebrated their exploits but overwhelmingly, Americans - acro

Few doctrinal and political issues are more controversial in Pakistan today than that of blasphemy. In her excellent and engaging new book Shariʿa and the State in Pakistan: Blasphemy Politics (Routledge, 2019), Farhat Haq presents the history and present of blasphemy laws, debates, and politics in Pakistan, in a manner that carefully weaves the historical backdrop of blasphemy politics with detailed descriptions of important discursive moments and contributions involving a range of different state and non-state actors. Equally conversant with Islamic Studies, South Asian Studies, and Political Science, this book will speak to and interest multiple audiences, while familiarizing readers in eminently accessible prose with the legal, political, and theological complexities invested in the question of blasphemy in Pakistan and beyond. Throughout the book, Haq convincingly shows and argues that blasphemy politics in Pakistan escapes any neat narratives or conceptual framings, and one must attend to its contingenc

Richard Bell is the author of Stolen: Five Free Boys Kidnapped Into Slavery and Their Astonishing Odyssey Home, published by Simon & Schuster in 2019. Stolen tells the true story of how five young Black boys were kidnapped from Philadelphia in 1825. Dr. Bell recounts the boys’ journey as they were forced to travel south into slavery. Those familiar with Solomon Northup’s Twelve Years A Slave or Erica Dunbar’s Never Caught will find Dr. Bell’s Stolen to be a must read, as he explores how one kidnapping was shaped by the larger history of slavery, the interstate slave trade, the law, and a host of other factors. Dr. Bell is an Associate Professor of History at the University of Maryland – College Park, where he studies United States history and culture in the 18th and 19th Centuries. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices

Who has the right to have rights? Motivated by Hannah Arendt’s famous reflections on the question of statelessness the book tells a non-linear global story of the emergence and transformations of human rights in the age of nation-states. In his new book A World Divided: The Global Struggle for Human Rights in the Age of Nation-States (Princeton UP, 2019), Eric D. Weitz argues somewhat provocatively that “the history of Nation-States is the history of Human rights” and he goes on to show how human rights claims take shape in a nexus between popular struggles, state interests and the workings of the international community. The book focuses on a range of case studies, from the struggle of Greek rebels in post-Napoleonic Europe, to American settlers and Brazilian abolitionists and from anti-colonial Africans and Soviet dissidents to Zionists. These stories unveil what the author calls the “multi-storeyed glass house of human rights”: a fragile, and multidimensional structure riddled by paradoxes and insoluble co

In his new book The War for Muddy Waters: Pirates, Terrorists, Traffickers, and Maritime Security (Naval Institute Press, 2019), Joshua Tallis uses the “broken windows” theory of policing to reexamine the littorals, developing a multidimensional view of the maritime threat environment. With a foundational case study of the Caribbean, Tallis explores the connections between the narcotics trade, trafficking, money laundering, and weak institutions. He finds that networks are leveraged for multiple streams of illicit activity, but enforcement efforts sometimes only focus on a single threat. Additionally, Tallis compares these findings in two comparative case studies in the Gulf of Guinea and the Straits of Malacca and Singapore. Hybrid threats emerge as a theme in these case studies, marked by the fusion of criminality and terrorism and conventional and unconventional tactics. Ultimately, Tallis recommends actors in the maritime environment evaluate threats in this multidimensional context and collaborate with c

Strange Trips isn’t only the title of Dr. Lucas Richert’s new book; it’s also a good description of the journey substances take from the black market to the doctor’s black bag—and, sometimes, back to the black market again. In Strange Trips: Science, Culture, and the Regulation of Drugs (McGill-Queens UP, 2019), Richert investigates the myths, meanings, and boundaries of recreational drugs, palliative care drugs, and pharmaceuticals, as well as struggles over product innovation, consumer protection, and freedom of choice in the medical marketplace. Focusing primarily on the United States and Canada, Richert shows how perceptions of products can swiftly change, and incorporates analyses of popular culture, science, politics and history to trace the strange trips drugs consistently go on as their uses evolve.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History So

The United States Supreme Court operates to resolve disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. Yet a Court that prioritizes resolving many disputes sometimes will produce contradictory opinions or fail to provide a rationale for its decision at all. In either case, it produces an unreasoned judgment. When does the Court do this and is this on the rise?Matthew Hitt has written Inconsistency and Indecision in the United States Supreme Court (University of Michigan Press, 2019) to answer this question. Hitt is assistant professor of political science at Colorado State University.In Inconsistency and Indecision in the United States Supreme Court, Hitt demonstrates that over time, institutional changes have substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. As such, though the Supreme Court historically emphasized dispute resolution, it ha

In this episode of New Books in Law Siobhan talks with Candy Gunther Brown about her book Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion? (UNC Press, 2019). Dr. Brown is a professor in the Department of Religious Studies at Indiana University Bloomington. She is a historian and ethnographer of religion and culture.Yoga and mindfulness activities, with roots in Asian traditions such as Hinduism or Buddhism, have been brought into growing numbers of public schools since the 1970s. While they are commonly assumed to be secular educational tools, Candy Gunther Brown asks whether religion is truly left out of the equation in the context of public-school curricula. An expert witness in four legal challenges, Brown scrutinized unpublished trial records, informant interviews, and legal precedents, as well as insider documents, some revealing promoters of “Vedic victory” or “stealth Buddhism” for public-school children. The legal challenges are fruitful cases fo

Elizabeth Herbin-Triant is the author of Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods, published by Columbia University Press in 2019. Threatening Property examines the campaigns for residential segregation in early-20th century North Carolina. Looking at the intersections of both race and class, Herbin-Triant explores how white supremacy was divided along class, pitting elite whites against their poorer counterparts, as Jim Crow America increasingly held back Black Americans.Elizabeth Herbin-Triant is an Assistant Professor of History at the University of Massachusetts, Lowell. She studies U.S. history, with a particular interest in African-American history, urban history, and histories of racial capitalism, slavery, and segregation.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.Learn more about your ad choices. Visit megaphone.fm/adchoices

Putting premodern theology and poetry in dialogue with contemporary theory and politics, Queer Faith: Reading Promiscuity and Race in the Secular Love Tradition (NYU Press, 2019) reassess the commonplace view that a modern veneration of sexual monogamy and fidelity finds its roots in Protestant thought. What if this narrative of “history and tradition” suppresses the queerness of its own foundational texts? Queer Faith examines key works of the prehistory of monogamy—from Paul to Luther, Petrarch to Shakespeare—to show that writing assumed to promote fidelity in fact articulates the affordances of promiscuity, both in its sexual sense and in its larger designation of all that is impure and disorderly. At the same time, Melissa E. Sanchez resists casting promiscuity as the ethical, queer alternative to monogamy, tracing instead how ideals of sexual liberation are themselves attached to nascent racial and economic hierarchies. Because discourses of fidelity and freedom are also discourses on racial and sexual p

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War (Cambridge University Press, 2019) shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin, Professor of History at Eastern Washington University, demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs.

Amanda L. Tyler is the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, published by Oxford University Press in 2017. Habeas Corpus in Wartime is a comprehensive history of the writ of habeas corpus in Anglo-America. From its early beginnings, to the English Habeas Corpus Act of 1679, to its suspension during the American Civil War, to WWII internment camps, to the War on Terror, Tyler provides a compelling look at how important the writ has been during wartime.Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law. Her areas of research include the federal judiciary, separation of powers, habeas corpus, civil procedures, and the emergency Constitution.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Hendrik Hartog about his book The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North (UNC Press, 2018). The Trouble with Minna is also used as a vessel to explore some of the topics discussed in Law and Social Inquiry's May 2019 “Review Symposium: Retrospective on the Work of Hendrik Hartog.” Hartog is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty, Emeritus at Princeton University. This episode is the first in a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna’s case, white people fought over who would pay for the costs of caring for a depend

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function.Debating the American State: Liberal Anxieties and the New Leviathan, 1930-1970 (University of Pennsylvania Press, 2015) traces the encounter between liberal thought and the rise of the administrative state an

Today I talked to Matthew Crow about his book Thomas Jefferson, Legal History, and the Art of Recollection, published by Cambridge University Press in 2017.  Crow studies how Jefferson’s association with legal history was born out of America’s long history as part of an early modern empire and the political thought which preceded him. By examining how Jefferson’s own development within this world, Crow finds that legal history was a mode of organizing and governing collective memory, which Jefferson deployed in his own constitutional, political, and racial thinking.Matthew Crow Associate Professor of History at Hobart and William Smith Colleges. He specializes in Early American, intellectual, and constitutional history.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.Learn more about your ad choices. Visit megaphone.fm/adchoices

Bianca Premo’s award-winning book The Enlightenment on Trial: Ordinary Litigants and Colonialism in the Spanish Empire, published by Oxford University Press in 2017, makes a powerful yet seemingly simple claim: during the eighteenth century, illiterate ordinary litigants in colonial Spanish America created enlightened ideas and practices by suing their social superiors in higher numbers and with novel claims. By focusing on civil suits undertaken by women, indigenous groups, and the enslaved, Premo demonstrates a gradual shift from a justice-oriented system—focused on extralegal outcomes and casuistic jurisprudence—to a Enlightened law-oriented system—where ordinary litigants based their claims on natural rights, merit, and freedom. Such a transformation expanded through varied and diverse geographies; from metropolitan cities such as Mexico City and Lima, to rural indigenous regions of Oaxaca, and smaller, ethnically diverse, provincial cities such as Trujillo in Peru. As listeners will hear, The Enlightenme

Marijuana. Weed. Cannabis. Pot. Whatever term you use, this intoxicant and medical product leads to long discussions. Emily Dufton visits the podcast to talk about the ups and downs and highs and lows of cannabis in the United States, all detailed in her book Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). She sheds light on the pro-marijuana activism in the 1970s and anti-marijuana parents' movement in the 1980s. Overall, she recounts a fascinating story about the acceptance of demonization of weed and what this suggests about the present moment.Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health. Learn more about your ad choices. Visit megaphone.fm/adchoices

Recent scholarship locates the origins of mass incarceration in national anticrime policy from 1960 to 1990, and has drastically reframed the “punitive turn” in American politics as bipartisan. But how then, do we reckon with the fact that most police policy and funding is determined locally? In his new book, Occupied Territory: Policing Black Chicago From Red Summer to Black Power (UNC Press, 2019), Simon Balto argues that local police department policies and procedures left black Chicagoans “overpoliced and underprotected” far before mass incarceration began. Machinations in municipal politics is therefore essential to understanding how and why Chicago has been a flashpoint in national conversations about police.Building a picture of the carceral state from the bottom up, Balto shows that it was not Lyndon Johnson’s War on Crime, or Richard Nixon’s War on Drugs that turned the Chicago Police into an abusive and racist institution, but rather city and police officials’ response to the Great Migrations. Polic

In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Paul Finkelman, President of Gratz College, about his book Supreme Injustice: Slavery in the Nation’s Highest Court(Harvard University Press, 2018). Finkelman is a specialist on the history of slavery and the law. He is also the author of more than 200 scholarly articles and the author or editor of more than fifty books on a broad range of topics including American Jewish history, American legal history, constitutional law, and legal issues surrounding baseball.The three most important Supreme Court Justices before the Civil War―Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story―upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Pa

Kevin Baron’s new book, Presidential Privilege and the Freedom of Information Act (Edinburgh University Press, 2019), is a fascinating analysis of the Freedom of Information Act (FOIA) and how this act, passed in the 1960s and signed by President Lyndon Johnson, has changed the ways that both the Executive Branch and the Legislature operate and engage with each other. Baron dives into the history of information and the role that access to information plays in supporting democracy. He explains much of the debate over freedom of information from the time of the Founding to the contemporary disputes about executive privilege and Congress’s right to information. By tracing the evolution of presidential privilege through the post-World War II period, the Cold War, the Red Scare, and the Watergate scandal, Baron examines the ways in which presidents and administrations have protected information, often in the name of national security, and the ways in which the Legislative branch has pursued access to that same inf