New Books In Law

Hidetaka Hirota is an Assistant Professor in the Institute for Advanced Study at Waseda University in Tokyo, Japan. Prior to his current position, he was a Mellon Research Fellow in the Society of Fellows in the Humanities at Columbia University and taught at the City University of New York-City College. Dr. Hirota’s book, Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (Oxford University Press, 2018) has received awards from the Immigration and Ethnic History Society, the New England American Studies Association, and the American Conference for Irish Studies, and Dr. Hirota’s book also received a special commendation for the Massachusetts Historical Society book prize.Dr. Hirota’s book focuses on state legislation policies of immigration control in New York and Massachusetts. Dr. Hirota asserts those laws come to act as a framework for subsequent federal policy. While most American Studies scholars have mostly aligned with the dominant theory tha

In his most new book Fight the Power: African Americans and the Long History of Police Brutality in New York City (NYU Press, 2018), Clarence Taylor, dean of the history of the civil rights movement in New York, looks at black resistance to police brutality in the city, and institutional efforts to hold the NYPD accountable, since the late 1930s and '40s.​“Many people think that police brutality is a recent phenomenon,” says Taylor, professor emeritus at Baruch College and The Graduate Center of City University of New York. But, in fact, it has a long, sordid history, going back even further than the years covered in this new book. And long before the era of cellphones, black newspapers did their own investigations when men, women, and children were beaten or killed by the police. (Louis Lomax, the first African-American journalist to appear regularly on television news, commented in the early 1960s that, if not for police brutality, the black press would have "considerable blank space.")Taylor also looks at

Peyote occupies a curious place in the United States and Mexico: though prohibited by law, its use remains permissible in both countries for ceremonial practices in certain religions. As Alexander S. Dawson reveals in The Peyote Effect: From the Inquisition to the War on Drugs (University of California Press, 2018), this anomalous position is nothing new, as it existed as far back as the prohibitions on the use of peyote by non-Indians imposed by the Inquisition in Mexico during the colonial period. Though this ban ended with Mexico’s independence, it was not until chemists in Germany and the United States began investigating peyote’s properties in the late 19th century that its usage spread outside of Native American communities. Fears of the drug’s psychoactive effects led to a succession of state-level U.S. bans in the early 20th century, yet these were usually fragmentary in their scope, allowing for its continued usage by Native American communities outside their jurisdictions. The broader use of peyote

John Witte, Jr.'s The Western Case for Monogamy over Polygamy (Cambridge University Press, 2018) is an extensively researched book showcasing the author's deep knowledge and experience in the field of family and religious law. It traces the legal origins of European monogamy from the classical period to the present. Originally conceived as a brief for an advisory opinion to a Canadian court, Witte transformed this assignment into a work that not only explores the history of European marital law, but argues that monogamy is positive for society. It considers not just the legal, but also the moral and religious arguments for this institution. He joins us from Atlanta.Jeffrey Bristol is a PhD candidate in Anthropology at Boston University and a JD candidate at the University of Michigan Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices

At a speech before the unveiling of the Freedman’s Monument in 1876, Fredrick Douglass stated, “You are the children of Abraham Lincoln. We are only at best his step-children; children by adoption, children of circumstances and necessity.” But who was Douglass referring to when he said "You are the children of Abraham Lincoln" and what did he mean? Dr. William Green investigates this statement in a case-study of four whites from Minnesota who fought hard and won rights for black Americans during and after the Civil War. By evaluating the actions of Morton Wilkinson, Thomas Montgomery, Daniel D. Merrill, and Sarah Burger Stearns, Dr. Green shows how black suffrage was earned in Minnesota, leading the so-called children of Lincoln to say, “We have done our part.” The Children of Lincoln: White Paternalism and the Limits of Black Opportunity in Minnesota, 1860–1876(University of Minnesota Press, 2018) is a fascinating, well-researched book about the limits of black opportunity in Minnesota with remarkable parall

How is it that “liberalism” is a word so ubiquitous and yet we can hardly seem to agree on its meaning? In her book The Lost History of Liberalism: From Ancient Rome to the Twenty-First Century (Princeton University Press, 2018), Helena Rosenblatt traces the history of the words “liberal” and “liberalism” in order to understand how liberals defined themselves, and what they meant when they spoke about liberalism. In recovering liberalism’s roots in the French Revolution, as well as highlighting the centrality of the German thinkers who transformed it, Rosenblatt debunks the myth of liberalism as an Anglo-American tradition centered on individual rights.Emily K. Crandall is a PhD candidate in Political Science at the Graduate Center, CUNY. She is a fellow at the Center for Global Ethics and Politics in the Ralph Bunche Institute for International Studies.Learn more about your ad choices. Visit megaphone.fm/adchoices

How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book w

How did the search for Nazi fugitives become a vehicle to oppose South American dictatorships? Daniel Stahl’s award-winning new book traces the story of three continents over the course of half a century in Hunt for Nazis: South America's Dictatorships and the Prosecution of Nazi Crimes (Amsterdam University Press, 2018). Through a rich transnational history, Daniel traces the ebb and flow of political will alongside the cooperation between far flung governments and civil society groups. The result is unique insight into how post-war justice became a battleground for the legitimacy of authoritarian regimes.Daniel Stahl is a research associate at the Friedrich Schiller University Jena. Hunt for Nazis was distinguished with the Opus Primum award from the Volkswagen Foundation. Stahl has also worked on the Independent Historian’s Commission on the History of the German Foreign Office and is currently researching a history of arms trade regulation in the 20th century.Ryan Stackhouse is a historian of Europe speci

Harkening back to the tribunal on Vietnam once convened by Bertrand Russell and Jean-Paul Sartre, the World Tribunal on Iraq (WTI) emerged in 2003 from the global antiwar movement that had mobilized against the invasion and subsequent occupation of Iraq by a US-led coalition.  This decentralized, transnational network of antiwar activists attempted to document and give grounds for the prosecution of war crimes committed by the allied forces.  Ayça Çubukçu's For the Love of Humanity: The World Tribunal on Iraq (University of Pennsylvania Press, 2018) is a remarkable investigation of the WTI, combining extensive ethnographic fieldwork with close readings of political and legal theory. Çubukçu provides on the ground accounts of the debates and discussions within the WTI, reading them with and as examples of political philosophy in action.  The book engages with urgent questions about the challenges and potentials of horizontal, network forms of political action, transnational politics across diffe

2018 has been a great year for books about sub-national government in the United States. The year ends with another to add to the list. Jessica Trounstine has written Segregation by Design: Local Politics and Inequality in American Cities(Cambridge University Press, 2018). Trounstine is associate professor of political science at the University of California, Merced.Segregation by Design draws on a century of data from thousands of American cities to explore how local governments design policies that create race and class segregation. Trounstine maps the historical development of segregation and the ways that suburbanization has fit with patterns of residential segregation. Zoning laws and public goods have been used to advance the goal of some residents for racially segregated neighborhoods. She argues that local governments have pursued these policies to enhance the wealth and resources of white property owners at the expense of people of color and the poor.Learn more about your ad choices. Visit megaphone.

McKenzie Wark’s new book offers 21 focused studies of thinkers working in a wide range of fields who are worth your attention. The chapters of General Intellects: Twenty-One Thinkers for the Twenty-First Century (Verso, 2017) introduce readers to important work in Anglophone cultural studies, psychoanalysis, political theory, media theory, speculative realism, science studies, Italian and French workerist and autonomist thought, two “imaginative readings of Marx,” and two “unique takes on the body politic.” There are significant implications of these ideas for how we live and work at the contemporary university, and we discussed some of those in our conversation. This is a great book to read and to teach with! Carla Nappi is the Andrew W. Mellon Chair in the Department of History at the University of Pittsburgh. You can learn more about her and her work here.Learn more about your ad choices. Visit megaphone.fm/adchoices

Criminal justice, policing, and mass incarceration have gained significant political attention recently, and the problems of these systems have drawn increasingly frequent calls for reform from the right and left. Historians have turned their attention to illuminating the roots of these institutions. While many historians have focused on the 20th century, others have examined the emergence of urban professional police departments in the 19th century. Adam Malka, an Assistant Professor of History at the University of Oklahoma, takes these questions to the antebellum period to illuminate how these new police forces emerged in an age of liberal ideals and emancipation. In The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation (University of North Carolina Press, 2018), Malka examines the development of the Baltimore police department in the years leading up to and following the Civil War. Malka highlights several unexpected features of this development. He shows the continuity and connecti

In her new book, historian Jennifer Altehenger, a Senior Lecturer in Contemporary Chinese History at King’s College London, grapples with the complex issue of how authorities and cultural workers attempted to create effective law propaganda.  Legal Lessons: Popularizing Laws in the People’s Republic of China, 1949-1989 (Harvard University Asia Center, 2018) traces the techniques used and challenges using a series of case studies including the 1953 Marriage Law mass campaign and the 1954 constitution national discussion. These efforts sought not only to inform Chinese citizens of the law but also involved them in such ways that they would feel obliged to then follow the laws in the future. Drawing from a wide variety of archival sources including government documents, periodicals, advice manuals, memoirs, and posters, Altehenger highlights the tension between the intention of the government to educate and the interpretations the people made themselves about new laws. She explores law dissemination into th

In Patent Politics: Life Forms, Markets, and the Public Interest in the United States and Europe (University of Chicago Press, 2017), Shobita Parthasarathy takes us through a thirty year history of the legal debates around patents. This is an understudied area of STS that Parthasarathy carefully navigates in order to understand how knowledge production interacts with law. The reader learns the differences in values, law and objects between US and European patent politics. This comparison brings into focus the role that law, biotechnology corporations, scientists, activists, and more play in deciding what knowledge deserves legal protection. Patent Politics is a fascinating read that will continue to be relevant for many years to come. Chad J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California, San Diego. His research interests include the history of the human sciences, the influence of the behavioral sciences on medical practice and health policy, and political ac

Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk: Indigenous and Arrivant Rights Theories (Dartmouth College Press, 2018), expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers’ attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi, American Studies Professor at Ben-Gurion University of the Negev, analyzes nativity’s unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explain

In Networked Press Freedom: Creating Infrastructures For a Public Right to Hear (MIT Press, 2018), journalism professor Mike Ananny provides a new framework for thinking about the media at a time of significant change within the industry. Drawing on a variety of disciplines from journalism studies, political theory and technological studies, Ananny argues press freedom is a result of an interplay of duty, autonomy, social, and institutional forces. Focusing on the public right to hear, Ananny explores the competing values and publics journalists must negotiate to provide objective news and to build trust. Exploring the complexities of ‘doing journalism’ in the 21st century with competing technological platforms he attempts to answer the question: what is the role of journalism and freedom of the press in the modern era?  Learn more about your ad choices. Visit megaphone.fm/adchoices

What if guns “are not merely carriers of action, but also actors themselves?” That’s the question that animates and unites Jonathan Obert‘s and Andrew Poe‘s, and Austin Sarat‘s unique collection of essays, The Lives of Guns (Oxford University Press, 2018). In it, contributors discuss the political, social and personal “lives” of guns from a variety of perspectives. Join us to hear editors Obert and Poe help us consider new ways of thinking about American narratives of ballistic weapons. 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 University Press, 2017).Learn more about your ad choices. Visit megaphone.fm/adchoices

Redefining the Modern Military: The Intersection of Profession and Ethics (Naval Institute Press, 2018), edited by Nathan K. Finney and Tyrell O. Mayfield, is a collection of essays examining military professionalism and ethics in light of major changes to modern warfare.  Contributors examine philosophical and legal questions about what constitutes a profession, the requirements of a military professional, and military education.  Additionally, the authors tackle questions of ethics related to new technological advancements, such as unmanned aircraft.  Finally, an interesting discussion of the military’s relationship with society, and vice versa, is discussed as an important component of oversight of the profession. Today I spoke with Finney and one of the contributors, Brian Laslie. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch.Learn more about your ad choices. Visit megaphone.fm/adchoices

If you are tired of reading the same, Washington-based, consensus, ‘realist’ and or ‘neo-conservative’, critiques of American foreign policy, here is something to salivate on: Jeffrey D. Sachs’, A New Foreign Policy: Beyond American Exceptionalism (Columbia University Press, 2018). By turns, noted author Jeffrey Sachs’ book is unorthodox, iconoclastic, novel and indeed at times eccentric. A New Foreign Policy provides a road map for a U.S. foreign policy that embraces globalism, cooperation, international law, and aspirations for worldwide prosperity—not nationalism and illusory dreams of empty and past glory. You may not agree with him, indeed you may  believe that he is completely wrong and his facts do not add up. Regardless, Sachs’ book is the one that foreign policy experts will be discussing this Fall. Charles Coutinho holds a doctorate in history from New York University. Where he studied with Tony Judt, Stewart Stehlin and McGeorge Bundy. His Ph. D. dis

If you watch old movies or study film history, you may know that early 20th-century Hollywood operated under the Motion Picture Production Code, which dictated what could and couldn’t be portrayed onscreen. But did you know that television had a code of its own? Its story has never been told at length until now. Deborah Jaramillo, Associate Professor of Film and Television at Boston University, is the author of a new book called The Television Code: Regulating the Screen to Safeguard the Industry (University of Texas Press, 2018). Jaramillo tells the story of a young television industry’s attempt to police itself on controversial questions about content, fending off pressure from government regulators and finicky viewers. Jaramillo explores whether the federal government could have played a stronger role at this formative time in the industry, and what the code did and didn’t accomplish in its three decades of existence.Learn more about your ad choices. Visit megaphone.fm/adchoices