New Books In Law

​In The Talmud: A Biography (Princeton University Press, 2018), Barry Scott Wimpfheimer, associate professor of religious studies and law at Northwestern University, introduces the reader to the Babylonian Talmud, the most studied book in the Jewish canon. Professor Wimpfheimer focuses on one excerpt from the Talmud, showing how its reception, exegesis, and editing represents a process of reflexive critique and legal reasoning. ​A valuable text for scholars and general readers alike, The Talmud: A Biography helps the reader gain new appreciation for the Talmud as a dense tapestry of religious thought, philosophy, law, and ethics that continues to influence not only the Jewish religion, but religious and secular cultures and institutions worldwide. David Gottlieb will receive his PhD in the History of Judaism from the University of Chicago Divinity School in June.Learn more about your ad choices. Visit megaphone.fm/adchoices

Stephen Riley, a lecturer in the Law School of the University of Leicester in Britain, has written a philosophical work examining the concept of dignity and its role in legal theory and, to a degree, the application of law.  In Human Dignity and Law: Legal and Philosophical Investigations (Routledge, 2018), Riley argues that the role of human dignity should be recognized by courts and all of society, but he is wary of such a concept becoming a trump card in a court’s decision-making process.  He notes that the concerns of justice and equality need to be recognized by courts but court must be aware of the infrequent instances when the demands of dignity are in conflict with the demands of justice.  In this podcast we discuss the definition of human dignity, the author’s philosophical orientation, and the applications of the concept of dignity has been applied by courts in different settings. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly intere

The use of our data and the privacy, or lack thereof, that we have when we go online has become a topic of increasing importance as technology becomes ubiquitous and more sophisticated. Governments, advocacy groups and individual citizens are demanding that action be taken to protect their valuable data. But what does this sporadic noise amount to? B.J. Mendelson in his book Privacy: And How to Get It Back (Curious Reads, 2017) argues that a complacent citizenry and the overly-intimate relationship that corporations have with government has led to massive breaches of people’s privacy. Mendelson humorously explains the way people’s data is used and abused as he tracks the long history of government surveillance leading to an explanation of, what he believes, could be the solution to the abuse of people’s privacy.Learn more about your ad choices. Visit megaphone.fm/adchoices

Christy Ford Chapin, an associate professor of history at the University of Maryland, Baltimore County, has written a history of the funding of America’s health care system: Ensuring America’s Health: The Public Creation of the Corporate Health Care System (Cambridge University Press, 2015).  She begins with an account of the development of physicians’ practices in the mid-nineteenth century and traces the evolution of the American Medical Association’s role in shaping how physicians practiced medicine and how it was financed.  The advent of the insurance model for funding health care was a creation of the Progressive period and became dominant in the late 1930s, during the New Deal.  Chapin provides an account of the pitfalls of the insurance funding mechanism and recounts the battles between vested, competing interests, such as the AMA, independent physicians, corporate employers, labor unions, insurance companies (nonprofit and commercial), and the state and federal governments.  Each of these entities sha

In her book, Ugly Prey: An Innocent Woman and the Death Sentence That Scandalized Jazz Age Chicago (Chicago Review Press, 2017), Emilie Le Beau Lucchesi presents the story of Sabella Nitti, an Italian immigrant arrested in 1923 an accused of murdering her husband. Sabella was found guilty and became the first woman in Chicago sentenced to hang. Through meticulous research into court documents and other public records, Lucchesi shares the riveting narrative of Sabella’s case. Situating Sabella in the 1920s, and looking at the ways in which this case shows how the legal system set up to defend her failed Sabella at every turn, Lucchesi’s book walks readers through the trial where there was no evidence and no witnesses, but reporters and the jury knew one thing for certain, Sabella must be guilty: she was ugly. Describing how the press, judges, and juries decided the guilt or innocence of women based on their looks, Lucchesi examines how Sabella’s fellow inmates such as Beulah and Belva were able to charm their

A History of Infamy: Crime, Truth, and Justice in Mexico (University of California Press, 2017) explores the definitive changes that the justice system as well as criminal ideas and practices underwent during the 1920s-1950s. For his most recent book, Pablo Piccato investigated spaces, actors, and fictions that shaped the complicated relationship between crime, justice, and truth during the consolidation of the post-revolution Mexican state. Through a series of compelling arguments, the author shows how impunity, the lack of transparency in judicial processes, and infamy are related to a constant quest for truth and justice that the state could not provide to Mexicans.  From the abolition of the jury system in the 20s, to the emergence of crime fiction, the author shows that men and women, the press, detectives, policemen, and even murderers themselves, shaped both ideas and practices in regards to violence, law-breaking, and the normalization of injustice in the country. Pamela Fuentes is Assistant Professo

The United States leads the world in incarceration. That’s a problem, especially the disproportionate impact of “mass incarceration” on low-income men of color. In their new book Start Here: A Roadmap to Reducing Mass Incarceration (The New Press, 2018), Greg Berman and Julian Adler take us though a series of concrete, practical, and practicable steps that we could take to radically reduce the number of people we incarcerate while, at the same time, making our communities healthier and safer. Listen in. Stephen Pimpare is Senior Lecturer in the Politics and 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

How does the juvenile justice system impact the lives of the young people that go through it? In her new book, Trapped in a Vice: The Consequences of Confinement for Young People (Rutgers University Press, 2018), Alexandra Cox uses interviews and ethnographic data to analyze the juvenile justice system and incarceration. While the book focuses specifically on New York’s justice system, the take-aways and Cox’s analyses are relevant for anyone interested in incarceration in general. Using the voices and experiences of those she interviews to articulate her findings, Cox points out that young people often suffer the most in systems of social inequality. She elaborates clearly on concepts and main take-aways through the book, from the idea that these young people are expected to mature within an institution, and how this impacts their development. Cox uses really powerful examples and pinpoints important concepts for us to think further about: the definition of worthiness (i.e. worthy of “savin

In Children of Reunion: Vietnamese Adoptions and the Politics of Family Migrations (University of North Carolina Press, 2017), Allison Varzally documents the history of Vietnamese adoption in the United States during the second half of the twentieth century. Varzally adds to the growing literature on Southeast Asian Americans and on Asian international adoption by highlighting the distinctiveness of Vietnamese adoption for its liberal orientation and its expansive notion of kinship. Four chapters trace this history from its antiwar beginnings in the early Cold War; to Operation Babylift in 1975 and its controversial legal aftermath; to the federal legislation and social practices that shaped the “homecomings” of Amerasians in the 1980s; and, finally, to Vietnamese adoptees own attempts in the 1990s (and beyond) to find meaning in their journeys. Making ample use of oral history, Varzally tells stories that are both heart-rending and inspiring. They confirm that family formation was a central site

The Amistad Rebellion is usually remembered as the only instance in which a US court sent re-captured slaves back to Africa. Yet as Sharla Fett shows in her new book Recaptured Africans: Surviving Slave Ships, Detention, and Dislocation in the Final Years of the Slave Trade (University of North Carolina Press, 2017), the Amistad case is not exactly unique. By using the stories of re-captured Africans in detention in places like Key West, Florida and Charleston, South Carolina, Dr. Fett examines how pro-slavery and abolitionist factions used re-captives to argue their respective cases. She also examines the lives of re-captured slaves sent to “back” to Liberia, a place they had never been. Adam McNeil is a soon-to-be PhD student and Colored Conventions Project Scholar at the University of Delaware. He received his M.A in History at Simmons College and B.S. in History at Florida A&M University. He can be reached on Twitter @CulturedModesty.Learn more about your ad choices. Visit megaphone.fm/a

Jonathan Daly is a professor of History at the University of Illinois at Chicago. His newest book Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin (Bloomsbury, 2018), provides a comprehensive overview of the development of the criminal justice system in Russia from the 1700s to the present. Rather than following the typical narrative of Russia being a backwards, Asiatic state that struggled to modernize, Daly begins the book noting that “Russia developed as one of the most successful states in human history.” He highlights the achievements of the Russian state, such as the 1649 Ulozhenie, (which was one of the most detailed and elaborate law codes devised in the early modern world), Empress Elizabeth’s curtailment of capital punishment, the 1864 judicial reform (in which Russia became the first non-Western country to establish an independent judiciary functioning largely according to Western best practices), early Bolshevik criminal justice for reg

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration.Learn mor

As immigration from Mexico to the United States grew through the 1970s and 1980s, the Border Patrol, police, and other state agents exerted increasing violence against ethnic Mexicans in San Diego’s volatile border region. In response, many San Diego activists rallied around the leadership of the small-scale print shop owner Herman Baca in the Chicano movement to empower Mexican Americans through Chicano self-determination. The combination of increasing repression and Chicano activism gradually produced a new conception of ethnic and racial community that included both established Mexican Americans and new Mexican immigrants. In Raza Si, Migra No: Chicano Movement Struggles for Immigrant Rights in San Diego (University of North Carolina Press, 2017), Jimmy Patino narrates the rise of this Chicano/Mexicano consciousness and the dawning awareness that Mexican Americans and Mexicans would have to work together to fight border enforcement policies that subjected Latinos of all statuses to legal violence. By

Today I talked to Fahad Bishara about his book A Sea of Debt: Law and Economic Life in the Western Indian Ocean, 1780-1950 (Cambridge University Press, 2017). Dr. Bishara is Assistant Professor of History at the University of Virginia. He specializes in the economic and legal history of the Indian Ocean and Islamic world. In this podcast, Dr. Bishara discusses his sophisticated history that explores the intricate legal and economic regimes that traversed the Western Indian Ocean for generations. He also talks about how he effectively mined legal documents to craft this narrative. The following podcast was originally published on H-Law’s Legal History Podcast.Learn more about your ad choices. Visit megaphone.fm/adchoices

“Native American” is unique among American racial categories in defining not just social status or historical lineage, but also an individual’s relationship to state and federal governments. In Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South (Oxford University Press, 2016), Mikaela M. Adams, an assistant professor of history at the University of Mississippi, tracks the histories of six Indian societies in the American South from the seventeenth to the twenty first centuries. In doing so, she argues that the question of belonging was often difficult to answer, particularly in a region where whites insisted on dividing the individuals along a strict, binary, color line. In Who Belongs?, Pamunkey, Catawba, Choctaw, Cherokee, Seminole, and Miccosukee communities all grapple with the fundamental question of tribal membership. After colonization and conquest, the answer to the question posed by Adams could have critical and concrete consequences. Often, whether someone be

Deondra Rose has written Citizens by Degree: Higher Education Policy and the Changing Gender Dynamics of American Citizenship (Oxford University Press, 2018). She is an assistant professor of public policy and political science at Duke University. Citizens by Degree examines the development and impact of federal higher education policy, specifically the National Defense Education Act, the Higher Education Act, and Title IX. Rose argues that these policies have been an overlooked-factor driving the progress that women have made in the United States. By significantly expanding women’s access to college, they led to women to surpassing men as the recipients of bachelor’s degrees, while also empowering them to become more economically successful and politically engaged. The book focuses on how Southern Democrats shaped U.S. higher policy development during the mid-twentieth century, expanding opportunities for women, while maintaining discriminatory practices for African Americans.Learn more about you

The Weimar Republic was home to the first gay rights movement, led by well-known sexologist Magnus Hirschfeld. It also inspired many literary and cinematic representations of sexual liberation in legendary 1920s Berlin. In her ambitious book, Sex and the Weimar Republic: German Homosexual Emancipation and the Rise of the Nazis (University of Toronto Press, 2015), Laurie Marhoefer revises several assumptions about the sexual politics of Germany during the 1920s and 1930s. She examines how the sexual freedoms fought for by many reformers often came at the expense of a minority perceived as too non-conformist even by the left. Critically exploring explosive personalities, such as Hirschfeld and Ernst Roehm, and political turning points, such as the Venereal Disease Law of 1927 and the Vote on Repealing the Sodomy Law in 1929, this book demonstrates the profound ambiguities of the era. Marhoefer suggests that a Weimar Republic political settlement between diverse factions simultaneously saw emancipation of those

Voting rights are always in the news in American politics, and recent court decisions and an upcoming election in 2018 make this especially true today. Most discussions come back to the Voting Rights Act (VRA) and whether it will continue to provide the voting rights protections it has in the past. In Ballot Blocked: The Political Erosion of the Voting Rights Act (Stanford University Press, 2017), Jesse Rhodes, associate professor of political science at the University of Massachusetts, Amherst, places the VRA into a political context. He aims to figure out the political puzzle of the VRA: Why, for fifty years, have both Democrats and Republicans in Congress consistently voted to expand the protections offered by the VRA, yet the act remains vulnerable? Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly back? Rhodes argues that conservatives have pursued a paradoxical strategy which takes advantage of high and low salience. The conservati

True crime is as popular as ever in our present moment. Both television and podcast series have gained critical praise and large audiences by exploring largely unknown individual crimes in depth and using them to consider broader questions surrounding the justice system, guilt and innocence, class and racial inequality, and evidence. Rarely do we get to think historically about these broader topics through the lens of individual, especially unknown, cases in light of the challenges posed by researching historical crimes. Kali Nicole Gross, Martin Luther King, Jr. Professor of History at Rutgers University New Brunswick, has done incredible research to do just that in her new book, Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America (Oxford University Press, Hardcover 2016, Paperback 2018). The book won the Hurston/Wright Legacy Award for Nonfiction. The book tells the story of the discovery of a torso, the investigation of the murder, and the life of the accused—Ha

In Institutions and Democracy in Africa: How the Rules of the Game Shape Political Developments (Cambridge University Press, 2018), the contributors challenge the argument that African states lack effective political institutions as these have been undermined by neo-patrimonialism and clientelism. Scholars such as Patrick Chabal and Jean-Pascal Daloz have argued that Africa’s political culture is inherently different from the West and that African political system is actually working through what they term “instrumentalization of disorder.” While acknowledging some of the contributions that Chabal and Daloz have made to the understanding of Africa institutions, the contributions in this volume challenge this notion that political life in Africa is shaped primarily by social customs and not by formal rules. The contributions examine formal institutions such as the legislature, judiciary, and political parties and they show the impact of these institutions on socio-political and economic devel