New Books In Law

In recent years, the treatment of African Americans by police departments around the country has come under increased public scrutiny. As any student of the longer historical relationship between law enforcement and people of color will know, this relationship has been the subject of tension and scrutiny at many moments in the past as well. In his new book, Policing Los Angeles: Race, Resistance, and the Rise of the LAPD (University of North Carolina Press, 2018), Max Felker-Kantor examines this multi-racial relationship in the key city of Los Angeles. The book begins with the uprising of the Watts neighborhood in August 1965, where decades of frustration with urban poverty and racial discrimination along with anger at racist police practices exploded in violence. The book then traces the subsequent decades of policing and anti-police abuse activism. During this time, reforms were common, yet real change was often difficult to achieve as symbolized by the 1992 rebellion, sparked by some of the same issues tha

Hard won transgender rights have been under attack by the Trump administration. Officials across government have sought to overturn decisions made by the Obama administration to expand rights to transgender people. Who fought those battles and continues to lobby to defend the transgender community is the topic of Anthony Nownes' new book Organizing for Transgender Rights: Collective Action, Group Development, and the Rise of a New Social Movement (SUNY Press, 2019). Nownes is professor of political science at the University of Tennessee, Knoxville.In the book, Nownes uncovers the rise of transgender rights interest groups in the United States. Based on extensive interviews with the founders and leaders of many of these groups. Organizing for Transgender Rights not only shows how these groups formed but also how they mobilized and survived. The book contributes to better understanding this social movement and also the ways that interest groups develop.Learn more about your ad choices. Visit megaphone.fm/adchoi

Between 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a 'moral contagion' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by Antebellum free people of color, by

Jeff McMahan is White’s Professor of Moral Philosophy at the University of Oxford. His research focuses broadly on moral and political philosophy, and is perhaps best known for his work on the moral issues surrounding killing and letting die. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the information age, knowledge is power. Hence, facilitating the access to knowledge to wider publics empowers citizens and makes societies more democratic. How can publishers and authors contribute to this process? This podcast addresses this issue. We interview Professor Austin Choi-Fitzpatrick, whose book, The Good Drone: How Social Movements Democratize Surveillance (forthcoming with MIT Press) is undergoing a Massive Online Peer-Review (MOPR) process, where everyone can make comments on his manuscript. Additionally, his book will be Open Access (OA) since the date of publication. We discuss with him how do MOPR and OA work, how he managed to combine both of them and how these initiatives can contribute to the democratization of knowledge. You can participate in the MOPR process of The Good Drone through this link: https://thegooddrone.pubpub.org/ Felipe G. Santos is a PhD candidate at the Central European University. His research is focused on how activists care for each other and how care practices w

Parents, teachers, feminists, conservatives, lawyers, the concerned citizen – pornography raises everyone's hackles. Author Richa Kaul Padte approaches pornography with a combination of light-hearted camaraderie and intellectual curiosity instead. Taking seriously the notion that every individual has sexual rights, Kaul Padte explores the twinned fates of gendered representations and subjectivity in our digital age. Cyber Sexy: Rethinking Pornography (Penguin Viking, 2018) is smart and funny in equal measure. Discussions on the need to move away from obscenity clauses in the Indian constitution to a more nuanced understanding of consent, and the questions of inequality that lie at the heart of consent, are punctuated by first hand accounts of online sexual experiences (including some of Padte's own). Never pedantic, the book closes with a call for radical empathy as we collectively struggle towards a more open and accepting social order.Richa Kaul Padte is an independent writer currently living in Goa, India.

Andrew T. Fede is a lawyer in private practice in northern New Jersey and an adjunct professor of law at Montclair State University.  His new book Homicide Justified: The Legality of Killing Slaves in the United States and Atlantic World (University of Georgia Press, 2017) is a comparative account of slave homicide law in the American colonies and states, covering the period from the early 17th century through the American Civil War.  Professor Fede’s account traces the variations in restrictions on slave owners and third parties’ treatment upon the murder of a slave.  The harsh, often lethal, conditions of servitude in the Caribbean seem to have shaped the willingness (usually unwillingness) of slave owners and elected officials in these island to restrict what masters could do to their slaves.  Whereas in the mid-Atlantic and northeastern colonies, restrictions were somewhat more easily countenanced.  Fede reveals the details of murder prosecutions against slave masters, overseers a

Eddie Glaude Jr. is James S. McDonnell Distinguished University Professor in the Department of Religion, and Chair of the Department of African American Studies, at Princeton University. He is the author of An Uncommon Faith: A Pragmatic Approach to the Study of African American Religion. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Martha S. Jones, in her excellent new book Birthright Citizens: A History of Race and Rights in Antebellum America(Cambridge University Press, 2018), weaves together the legal and constitutional dimensions of citizenship—from the Founding documents and law cases with which  many scholars and students are familiar—with the daily civic engagement of African-Americans as they took part in public life and the rights of citizens. This political, historical, and legal analysis focuses particularly on the antebellum experiences of black Americans in Baltimore, Maryland, just miles from the U.S. Capital, but also vital as the largest free black community in the U.S. in one of the largest cities in the United States before the Civil War. Birthright Citizens takes the question of what defines and makes an individual a citizen, legally, and how that is performed and engaged in a granular or daily way, and delves into the historical record of black Americans in Baltimore, exploring how individuals took on the qualit

Birth control, and the access to it, has continued to be a divisive issue in American political and social life. While birth control has almost become shorthand for “the pill,” a wide range of birth control methods have been in the American lexicon for the better part of its history. In his new book, Birth Control and American Modernity: A History of Popular Ideas (Cambridge University Press, 2018), Trent MacNamara explores the ways in which birth control was talked about, debated, and eventually accepted in the 20th century. Rather than having one centralized movement and leadership structure, MacNamara traces the multiple avenues in which birth control entered the lives of everyday Americans and gained social acceptance. Talking in conjunction with established historiography while also adding important perspectives, MacNamara’s book is a must-read for anyone interested in the birth control movement, social change, and large historical change.Learn more about your ad choices. Visit megaphone.fm/adchoices

In her book Suspect Citizens: Women, Virtue, and Vice in Backlash Politics (Temple University Press, 2012), Jocelyn M. Boryczka explores the fraught position that women find themselves in as citizens of the United States. She examines this complex position within the parameters of virtue and vice, the dichotomy through which women, their behavior, and their role in the republic are usually situated and interpreted. Explaining that women are often given the moral responsibility for the care and perpetuation of the country, Boryczka concentrates on demands that women hew to a standard of virtue, and if they deviate from that standard, they are often blamed for the failings or problems that afflict the entire country. This precarious position is where these suspect citizens, women, find themselves and have often found themselves across the history of the country itself. The book delves into the historical positioning of women within this dichotomous frame and traces distinct political moments when different grou

Michele F. Margolis is assistant professor of political science at the University of Pennsylvania. She has recently published a book titled From Politics to the Pews: How Partisanship and the Political Environment Shape Religious Identity. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In American Sutra:  A story of Faith and Freedom in the Second World War (Harvard University Press, 2019), Duncan Ryūken Williams recenters the role of faith in the Japanese-American experience in WWII by showing how religious differences underlay the injustices that they suffered before, during, and after the war. American Sutra is also an inspiring account of how Japanese-Americans embodied faith, ingenuity and sacrifice in the face of great adversity. At a time when the religious dimensions of American identity are being contested, American Sutra is a timely book about how Japanese-Americans forged, with their blood, sweat and tears, a space in American identity where it’s possible to be Japanese, Buddhist and American. Learn more about your ad choices. Visit megaphone.fm/adchoices

The law does things, writes David Ray Papke, and it says things, and if we are talking about poor Americans, especially those living in big cities, what it does and says combine to function as powerfully oppressive forces that can much more likely be counted on to do harm than good. Join us as we discuss Papke's book Containment and Condemnation: Law and the Oppression of the Urban Poor (Michigan State University Press, 2019) and learn about how law functions in the lives of poor people in the U.S. today.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 Peoples 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

Debra Thompson, in her award-winning* book The Schematic State: Race, Transnationalism, and the Politics of the Census (Cambridge University Press, 2016), explores the complexities of the politics of the census. This book, which unpacks the census itself, leads the reader to consider how this mundane tool actually translates the abstraction of the state into a concrete entity, and, at the same time, how this tool has been and is used in contradictory ways in regard to the issue of race. Thompson, in exploring the census, contextualizes her analysis within three case studies: the United States, Canada, and the United Kingdom. She examines these cases over the course of more than 200 years of history and data, and she traces the shifts and changes in terms of racial categorization on the census, noting the fluid nature of understandings of race as applied to the citizen body in each of these countries, and how race was made legible by the census. The Schematic State also digs into the state, how it makes use of

Corey Brettschneider is Professor of Political Science at Brown University, and Visiting Professor of Law at Fordham University. His work is focused in democratic theory and constitutional law. His most recent book is titled The Oath and the Office: A Guide to the Constitution for Future Presidents. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Thanks to the efforts of activists concerned that the problem of “battered women” was being ignored -- and treated as a private, family matter rather than a broader social problem -- since the 1980s interpersonal/domestic violence has been treated as a criminal act enforced by the institutions of American criminal justice. But too seldom have we asked if this approach has actually worked. In her powerful and provocative new book, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (University of California Press, 2018), Leigh Goodmark asks us to evaluate the effects of criminalizing domestic violence and to consider what might be gained by thinking about interpersonal violence as a problem of economics, public health, community, and human rights.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 Peo

In his new book, Matthew Longo takes the reader on an unusual journey, at least within political theory, since his work combines a normative political theory approach with an ethnographic approach to understand both the conceptual and actual issue of borders as spaces that separate and distinguish states and nations, and individuals and citizens. The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11 (Cambridge University Press, 2017) is not simply about the border because, as the book makes clear, borders are in no way simple, and what Longo has pursued in his work is the complexity that encompasses the theoretical idea of the border but also how and why borders are more diverse in understanding than we often ascribe to them. Longo interrogates what a border actually is, noting that the space itself is not quite the thin line between states that we often assume it to be, but a physical area that is co-administered by bordering nations, often collaboratively, thus blurring the line or spac

In Sins Against Nature: Sex and Archives in Colonial New Spain (Duke University Press, 2018), Zeb Tortorici analyzes a vast corpus of documents in order to understand how sex acts that were considered out of the norm were understood for over three centuries of Spanish control. Men and women often engaged in ‘unnatural’ sexual acts that not only revealed the relations of power in colonial society, but also the close interaction that archivists and historians have had with their stories. Sodomy, bestiality, priests soliciting during confession, as well as masturbation induced by erotic fantasies with saints and other religious characters, all disclose the role that religious and ecclesiastical institutions, archives, and historical analysis have had in erasing subjects, misclassifying them, or openly discounting their importance. Tortorici’s analysis proves that in order to reconstruct the past it is central to understand how documents were kept and categorized.Pamela Fuentes is Assistant Professor in the Women

In her new book, Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe (University of Wisconsin Press, 2018), Dagmar Herzog examines the relationship between reproductive rights and disability rights in contemporary European history. In a study that appeared in the George L. Mosse Series in Modern European Cultural and Intellectual History, Herzog uncovers much that is unexpected. She analyzes Protestant and Catholic theologians that were pro-choice in the 1960s and 1970s; the ways in which some advocates of liberalized abortion access displayed hostility to the disabled; the current backlash against women’s reproductive rights in Europe fueled in part by activists presenting themselves as anti-eugenics and pro-disability; and the impressive advances in disability rights inspired by submerged, contrapuntal strands within psychoanalysis and Christianity alike. An outstanding contribution to the histories of religion, sexuality, and disability rights, this book is essential reading fo