New Books In Law

Interviewing one member of Congress is a feat for most researchers. Interviewing nearly 100 and almost every women member of Congress is remarkable. Even more remarkable is what we can learn from that data collection about the perceptions of women members of Congress, especially about the way they perceive recent partisan polarization and the changing role of gender, race, and ethnicity. Such is the exhaustive project of Kelly Dittmar, Kira Sanbonmatsu, and Susan J. Carroll, who are the authors of A Seat at the Table: Congresswomen’s Perspectives on Why Their Presence Matters (Oxford University Press, 2018). Dittmar is assistant professor of political science, Sanbonmatsu is professor of political science, and Carroll is professor of political science and gender studies, all at Rutgers University. If you want to know how members of Congress think and the ways that they view their work, you would be hard pressed to find a better book. Dittmar, Sanbonmatsu, and Carroll fill so many blanks in the study of the wa

Dan Ponder’s new book, Presidential Leverage: Presidents, Approval, and the American State (Stanford University Press, 2018), is an important and thoughtful exploration of the concept of presidential leverage, specifically how much capacity the president has to accomplish goals, particularly in terms of asserting power to produce outcomes from Congress. Ponder examines leverage in context, which makes this book very useful in thinking about not only the Executive, but also the Legislature, and the ways in which the branches and political bodies operate in our political system. Presidential Leverage explores not only the president’s role in many of the ways scholars generally assess the president, but also the presidency as part of the state itself. Ponder braids together this understanding of position of the president (and his/her general approval or disapproval by the citizens) and how the strength of that position is tied not just to the office and the person in it, but also to broader conceptualizations of

According to a long tradition in political philosophy, there are certain conditions under which citizens may rightly disobey a law enacted by a legitimate political authority.  That is, it is common for political philosophers to recognize the permissibility of civil disobedience, even under broadly just political conditions.  There are, of course, longstanding debates over how to distinguish civil from uncivil disobedience, what forms civil disobedience may take, and the difference between civil disobedience and other kinds of principled lawbreaking (such as conscientious refusal).  Yet the consensus seems to be that whenever disobedience is permissible, it must also be enacted within the constraints of civility. In her new book, A Duty to Resist: When Disobedience Should Be Uncivil (Oxford University Press, 2018), Candice Delmas challenges this consensus.  She develops an argument according to which standard arguments for the general obligation to obey the law also permit forms of principled lawbreaking that

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (New York University Press, 2018), edited by Brian P. Owensby and Richard J. Ross, examines the conflict and interplay between settler and indigenous laws in the New World. As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other’s legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource.  In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice.  Europeans and

What voices have been silenced in the history of the Holocaust? How did victims and perpetrators make sense of their experiences? How did the failed pursuit of post-war justice shape public memory? In her new book Reckonings: Legacies of Nazi Persecution and the Quest for Justice (Oxford University Press, 2018), Mary Fulbrook uses diaries, memoirs, and trials to recover the full spectrum of suffering and guilt. By exposing the disconnect between official myths and unspoken realities of post-war justice, Mary illuminates the changing public attitudes to perpetrators and survivors. Mary Fulbrook is a Professor of German History at University College London. Her numerous books cover modern Germany, its two dictatorships, the Holocaust, and questions of historical interpretation. She currently directs the AHRC Compromised Identities project on the character and personal legacies of perpetration and complicity. Fulbrook is also a member of the Academic Advisory Board of the former concentration camps Buchenwald an

The title of Svetlana Stephenson’s book Gangs of Russia: From the Streets to the Corridors of Power (Cornell UP, 2015) invites a number of questions: How do criminal and legal spheres conflate? Is the cooperation of criminal organizations and legal institutions inherent to a society structure? In what way do gangs shape society, and vice versa? And what model of the societal structure does the Russian case offer? Far from being exhaustive, these issues receive a thorough investigation in Svetlana Stephenson’s attempt to analyze Russian gangs from the perspective of a social form. As the scholar asserts, “Russian gangs are not alien to society: they are firmly embedded in it” (9). Gangs do not constitute separate worlds, although they may seem closed and isolated: gangs signal individual’s aspirations and ambitions and, to a large extent, societal challenges. Gangs of Russia traces the development of Russian criminal organizations, ranging from early Soviet years to the present-day Russia. Including data and i

In her new book, Remote Freedoms: Politics, Personhood and Human Rights in Aboriginal Central Australia (Stanford University Press, 2018), Sarah E. Holcombe, a Senior Research Fellow at the University of Queensland and a Visiting Fellow at the Australian National University, explores how universal human rights, codified 70 years ago in the Universal Declaration of Human Rights, get translated, practiced, and challenged in the context of Indigenous rights.  Through her field research with Anangu of Central Australia, she shows the paradoxical, double-edged nature of human rights for Aboriginal people and considers alternative ways of thinking about human dignity.Learn more about your ad choices. Visit megaphone.fm/adchoices

Author, journalist and sometime park ranger Ken Ilgunas has written an argument in favor a “right to roam.”  This concept, unfamiliar to most Americans, is one of an ability to traverse public and private property for purposes of enjoying nature.  In This Land is Our Land: How We Lost the Right to Roam and How to Take It Back (Plume, 2018), Ilgunas compares U.S. property laws with the traditions and laws of England, Scotland and Scandinavian countries.  In these nations a right to roam has been recognized and, Ilgunas argues, has been a boon to citizens’ enjoyment of their nations’ lands, while also protecting the property rights of private owners.  Ilgunas addresses owners’ concerns about the use and enjoyment of their land and makes the case that a “right to roam” would be beneficial to owners and members of the public alike.  Yet, Ilgunas also acknowledges the obstacles to creating such a right in the United States: popular understandings of the sacredness of private property, fears of lawsuits, the existe

Jonathan W. White, an associate professor of American Studies at Christopher Newport University, is the author of Lincoln on Law, Leadership, and Life (Cumberland House, 2015). In this work White reveals the moral character of Abraham Lincoln through his law practice.  Lincoln was a lawyer on the American frontier in Illinois, representing clients ranging from individuals in divorces and railroads in contract disputes.  Throughout his career he rendered advice, not only to clients but to prospective young lawyers and friends.  Lincoln’s experience as a lawyer is both revealing about the norms of law practice in the antebellum period and about the formation of Lincoln’s approach to law and governance, which would influence his behavior as President during the Civil War.  White has an eye for entertaining and revealing anecdotes.  In revealing how Lincoln practiced law White helps uncover Lincoln as a person, beyond the reverential historical figure we all know from America’s Civil War. Ian J. Drake is an Asso

Recent years have seen new waves of research in Syriac studies, the medieval Middle East, and family history. Combining all three, Lev Weitz’s Between Christ and Caliph: Law, Marriage, and Christian Community in Early Islam (University of Pennsylvania Press, 2018), revisits the early years of Islamic civilization by looking at an oft-neglected population in the secondary literature, Syriac Christians. Weitz’s study uses marital practice from the seventh through tenth centuries to illustrate how Islamic law influenced the development of Christian law and the role religious authorities –that is the Christian bishops– had to play in it. We talk through polygamy, confessional boundaries, and what households meant now and then; Weitz also fills us in on what the growing field of Syriac studies looks like, how it is changing, and how a scholar of the medieval Middle East gets their sources. Lev Weitz is an historian of the Islamic Middle East. He is an assistant professor at the Catholic University of America, in t

Samuel Moyn’s The Last Utopia traced the evolution of the human rights revolution and argued that human rights as an ideology took the place of socialism and other utopian ideologies that failed. In his new book, Not Enough: Human Rights in an Unequal World (Harvard University Press, 2018), Moyn examines human rights from a different perspective, namely its inability to challenge the rise of inequality across the world. Moyn argues that this development wasn’t inevitable from a historical perspective and was the result of decisions made by politicians and social priorities articulated by philosophers beginning in the twentieth century. As a consequence, human rights has coexisted alongside inequality, unable to meaningfully critique it. Moyn begins by looking at the French Revolution, which he asserts was the first government that explicitly thought in egalitarian terms for its citizens. Noting that the welfare state was ironically a project of right-wing nationalist governments, Moyn argues that the postwar

Sarah E. Igo is an associate professor of history at Vanderbilt University and the author of The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018). Igo provides a legal and social history of the idea of privacy and how it was first evoked, challenged, written into law and reinterpreted by ordinary citizens in the age of mass marketing and social media. Once the right of elite citizens to protect their reputations, the growth of the bureaucratic state, communications technologies, and the inquiries of experts brought the issue of privacy into view for many more Americans. First defined by legal experts as the “right to be left alone” in bodily, mental and emotional aspects, by the end of the twentieth century privacy came to mean the right to control one’s public narrative. Americans have swung from seeking seclusion in increasingly secure homes to tell-all public confessions, reflecting a dilemma between the desire to left alone and the need to be known. Igo has shed light

From petty runs to organized trafficking, the illicit activity of smuggling on the China coast was inherently dramatic, but now historian Philip Thai has also identified China’s history of smuggling as a significant narrative about the expansion of state power. China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842-1965 (Columbia University Press, 2018) spans multiple regimes from the late Qing dynasty to the early years of the People’s Republic of China. Thai notes that regimes tightened regulations, increased tariffs, and enforced laws more harshly as part of the project to consolidate authority and meet challenges posed by foreign powers. The smuggling epidemic put constraints on consumption that remade daily life for individuals, merchants, and communities. Their resistance threatened the state’s power while at the same time encouraging state intervention that increased the reach of the state and its authority. Drawing from a rich array of sources including customs records,

Inspired by the usage of the term ‘enclosure’ to describe the Separation Wall in Israel-Palestine on a visit he made to the West Bank, Gary Fields in Enclosure: Palestinian Landscapes in a Historical Mirror (University of California Press, 2017) draws upon the past to speak to the Palestinian present and explain Palestinian dispossession. We talk through why Fields thinks it is necessary to use a long lens to think about the discourses framing the conflict in Israel/Palestine, specifically the English enclosures, which changed the nature of access to common land across the English countryside and Amerindian dispossession in colonial America. As land, discourse, and people themselves shape the practice of enclosure, we hone in on the politics of writing about Palestine and Palestinians, as well as how Fields’ other work fits into his academic work. Enclosure is on the short-list for the Palestine Book Award for the 2018 year. Gary Fields is professor of communication at UC San Diego. He received his Ph.D

Is there a case for the impeachment of Donald Trump? Constitutional attorney Ron Fein says not only is there a case, but also that the case exists regardless of what happens with the special counsel investigation. The Constitution Demands It: The Case for the Impeachment of Donald Trump (Melville House, 2018), co-authored by Fein and two of his legal colleagues at Free Speech for People, articulates the grounds for at least eight articles of impeachment, most of which are unrelated to the allegations of a election conspiracy with Russian officials. They argue Trump has violated the Constitution by accepting payments from foreign governments through his Washington, DC hotel, using government agencies to pushing political enemies, undermining a free press and abusing the power to pardon. The book argues that political considerations for 2018 and 2020 should be set aside, and that the impeachment process should begin immediately strictly on constitutional grounds. Bill Scher is a Contributing Editor for POLITIC

Thomas Mulligan’s new book, Justice and the Meritocratic State (Routledge Press, 2018), posits a theory of justice that is based on the allocation of valuable goods (jobs and appropriate income) according to merit. This is an abstract concept that Mulligan details according to economic, philosophical, and political understandings. He weaves together the political and economic dimensions of meritocratic allocations and spends the latter part of the book noting policy ideas that can bring this abstract concept into being. In the process, Mulligan critiques contemporary concepts of justice, especially commenting on the 20th-century work by Robert Nozick, John Rawls, Leo Strauss, and post-modern philosophers. The argument made for meritocratic allocation of valuable goods is seen as a kind of third way between the limited nature of egalitarian theory on one side and libertarian theory on the other. The argument for “desert”-based justice also brings the ideal of the American dream into clearer focus in Mulligan’s

How did prisons become a tool of racial inequality? Using historical data, Heather Schoenfeld’s new book Building the Prison State: Race and the Politics of Mass Incarceration (University of Chicago Press, 2018)  “answers how the United States became a nation of prisons and prisoners” (p. 5). Schoenfeld exposes the reader to the historical development of prisons and policy development. She focuses specifically on Florida as a case study to show how prisons become racialized social systems. Interestingly, much of the crime control we have today grew out of racialized punishments and unrest shaped during the civil rights era. Bringing us all the way up to 2016, Schoenfeld sheds light on how prisons developed over time, even as crime rates have fallen. Often incentivized as a source of economic potential in rural areas, prisons have a unique history in the U.S. and this book uncovers that fascinating history. This book will be of interest to Sociologists and Criminologists, but also Political Scientists and soci

There are numerous political debates about education policy today, but some of the most heated surround vouchers, charter schools, and other questions about public funding and oversight of private schools. Though many of these questions feel new, they, in fact, have a long history. Public vs. Private: The Early History of School Choice in America (Oxford University Press, 2018) examines that history, tracing early debates about school choice. Robert N. Gross, a history teacher and assistant academic dean at Sidwell Friends School in Washington, DC, explains how public schools developed with their promoters intending them to be a new monopoly in education. Then, in the late 19th century, Catholic immigrants sought to set up private schools, leading to an era of conflict and compromise between public and private school policy. Gross shows how and why regulation become an important tool for both sides in those conflicts. Further, the book shows how schools were thought of as a public utility and become a key pa

In his Property and Dispossession: Natives, Empires and Land in Early Modern North America (Cambridge University Press, 2018), Allan Greer, Canada Research Chair in Colonial North America at McGill University in Montréal, examines the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexico), and New England. By focusing on land, territory, and property, he deploys the concept of ‘property formation’ to consider the ways in which Europeans and their Euro-American descendants remade New World space as they laid claim to the continent’s resources, extended the reach of empire, and established states and jurisdictions for themselves. Challenging long-held, binary assumptions of property as a single entity, which various groups did or did not possess, Greer highlights the diversity of indigenous and Euro-American property systems in the early modern period. The book’s geographic sc

In 1907 the U.S. Congress created a joint commission to investigate what many Americans saw as a national crisis: an unprecedented number of immigrants flowing into the United States. Experts—women and men trained in the new field of social science—fanned out across the country to collect data on these fresh arrivals. The trove of information they amassed shaped how Americans thought about immigrants, themselves, and the nation’s place in the world. Katherine Benton-Cohen argues that the Dillingham Commission’s legacy continues to inform the ways that U.S. policy addresses questions raised by immigration, over a century later. Within a decade of its launch, almost all of the commission’s recommendations—including a literacy test, a quota system based on national origin, the continuation of Asian exclusion, and greater federal oversight of immigration policy—were implemented into law. Inventing the Immigration Problem: The Dillingham Commission and Its Legacy (Harvard University Press, 2018) describes the laby