New Books In Law

It’s been said that for poor and low-income Americans, the law is all over. Join us for a conversation with Vicki Lens, who, in Poor Justice: How the Poor Fare in Court (Oxford University Press, 2015), shows us how vulnerable populations interact with the legal system. Prof. Lens will talk about fair hearings for welfare applicants, cases of child maltreatment and neglect, the ways in which the law protects and coerces people with mental illness, and the implications for homelessness on New York’s right to shelter. 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, 2017).Learn more about your ad choices. Visit megaphone.fm/adchoices

Leon Wildes is the author of John Lennon vs The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History (Ankerwycke 2016). Wildes is an immigration attorney and the founder partner of Wildes & Weinberg. As immigration issues dominate the discussion of President-Elect Donald Trump’s transition to power, Wildes takes us back to the dramatic deportation case of John Lennon. Part legal analysis, part legal history, John Lennon vs. The U.S.A. shows the way presidential politics played out in the case against Lennon. Wildes, Lennon’s lawyer in the case, retells the case for the first time in this interesting new book.Learn more about your ad choices. Visit megaphone.fm/adchoices

Marc Steinberg is a professor of sociology at Smith College. His latest book, England’s Great Transformation: Law, Labor, and the Industrial Revolution (University of Chicago Press, 2016) is a response to Karl Polyani’s vision of an emerging modern labor market in The Great Transformation. Steinberg complicates our understanding of changing power relations by examining how workers were contracted to their employers. The book is centered around three case studies of employers using draconian master-servant laws to control the labor force. Historically rigorous and sociologically imaginative, Steinberg’s analysis does true justice to the stories of his subjects.Learn more about your ad choices. Visit megaphone.fm/adchoices

Quantification is not usually the first thing that comes to mind when hearing or reading about the United Nations High Commission on Human Rights (OHCHR). Yet in the 21st century, a wide range of policy and advocacy agendas begin with numbers. Those numbers become indicators, composites, standards, and measurement tools, which then get adopted in advocacy rhetoric or policy practice. In The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking (University of Chicago Press, 2016), Sally Engle Merry combines ethnography, human rights, and science and technology studies to explore how people living in vulnerable situations across the globe are represented by the numbers designed to both name and support them. While numbers do not have agency, and cannot help or hurt on their own, Merry dedicates most of the book to untangling the politics and practice of developing standards and indicators, and interpreting the realities that come with “governance by numbers.” The

In 1971, prisoners took over Attica Correctional Facility in upstate New York. The uprising followed a wave of protests in prisons and jails across the state and nation. Prisoners sought to draw public attention to years of mistreatment and abuse as they held prison employees hostage and invited the media into the facility. Four days after the takeover, state officials ended talks abruptly and retook the prison using massive force. Both prisoners and guards were killed and injured in the ensuing gunfire. In Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Pantheon, 2016), University of Michigan professor, Heather Ann Thompson, tells an untold story of this uprising and its legacy. After the retaking of the prison, state troopers and corrections officers violently retaliated against the prisoners, committing human rights violations for which the state of New York failed to prosecute any officials. Thompson’s book thoroughly documents the state’s decades-long cover-up of offici

Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory bo

In Feminine Law: Freud, Free Speech, and the Voice of Desire (Karnac Books, 2016), Psychoanalyst Jill Gentile explores the intersection between Freuds fundamental rule of free association and freedom of speech in a democracy, two subjects with obvious connections; however, as Gentile points out, surprisingly few writers have attempted to linked the two. In this interview, which spans the history of psychoanalysis and the U.S. Constitution, Gentile describes how both the psychological discipline and the political system aim at common goals, and that both psychoanalysis and democracy situate freedom in a particular space, a space governed by what Gentile calls a feminine law.Learn more about your ad choices. Visit megaphone.fm/adchoices

Savage Portrayals: Race, Media, and the Central Park Jogger Story (Temple University Press, 2014) offers a timely reminder of how racial bias and prejudice continue to shape political perspectives and dominant media narratives. Drawing on her unique experience as a journalist covering the case, Natalie Byfield explores the media response to and framing of the Central Park Jogger case which gained national attention during the late 1980s. Byfield is a cultural sociologist, who has taught in the fields of sociology and media studies. She is an associate professor at St. John’s University in Queens, New York where her research centers on the sociology of knowledge. She examines language, media systems, and methodologies exploring their roles in the production and construction of race/class/gender inequalities. In 1989 she was a member of a reporting team nominated by the Daily News for a Pulitzer Prize relating to the papers coverage of the Central Park Jogger case. Dr. Byfield is also the recipient of a C

Dr. Damien M. Sojoyner, Assistant Professor of Anthropology at the University of California, Irvine, joins the New Books Network to discuss his recently published book, entitled First Strike: Educational Enclosures in Black Los Angeles (University of Minnesota Press, 2016). Through both ethnographic and historical analyses, First Strike explores the tragic relationship between education and the prison system in California. For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices

How can children grow to realize their inherent rights and respect the rights of others? In Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children’s literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children’s lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child — the most widely-ratified human rights treaty — not only ensures that children have rights, it also requires that states make those rights “widely known, by appropriate and active means, to adults and children alike.” This first-of-its-kind requirement for a human rights treaty indicates that if

Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016), a biographical picture book–the first for young children about Justice Ginsburg’s life–tells the justice’s story through the lens of her many famous dissents, or disagreements. Award-winning children’s book author, Debbie Levy, demonstrates Ruth Bader Ginsburg’s persistence and highlights notable cases in which she was a participant, such as Frontiero v. Richardson (1973), which was an important win for equal rights for women. Debbie Levy has written many powerful nonfiction narratives for children, including We Shall Overcome: The Story of a Song, The Year of Goodbyes: A True Story of Friendship, Family and Farewells, and Dozer’s Run: A True Story of a Dog and His Race. Ms. Levy is a former lawyer and newspape

Bob Mionske is a Portland, Oregon based attorney whose practice focuses on representing cyclists. He gained his cycling experience at the highest levels, riding twice as a member of the United States Olympic racing team in 1988 and 1992. Mionske was inspired to write Bicycling and the Law: Your Rights as a Cyclist (VeloPress 2007) when he realized that a popular commentary on cycling laws had not been published for over a hundred years. In the podcast Mionske discusses how early bicyclists like 19th century bicycle entrepreneur Albert Pope, established bike friendly rights of the road through protests, legislation, and litigation. Mionske also discusses common issues faced by modern cyclists and offers tips for reaching out to people who are biased against cyclists.Learn more about your ad choices. Visit megaphone.fm/adchoices

Why is our criminal justice system so unfair? How do innocent men and women end up serving long sentences while the guilty roam free? According to law professor and scholar Adam Benforado, our systems problems stem from more than occasional bad apples; they start with deeply rooted biases we all hold and which influence the course of justice. Eugenio Duarte sat with him to discuss how these biases shape every step along the way, from how a crime is initially investigated, through the process of indicting and trying suspects, to ultimate determinations of punishment. His revelations, coming from empirical investigations and first-hand experience, are shocking and sobering. He documents them in his new book, Unfair: The New Science of Criminal Injustice (Penguin Random House, 2016), and also compels readers to take action to right the wrongs in how we delivery justice. Adam Benforado is Associate Professor of Law at Drexel University. He has published numerous scholarly articles, and his op-eds and essays have

While many fans collect all kinds of memorabilia related to their favorite movies, others actually seek out and collect the actual celluloid films. For their book, A Thousand Cuts: The Bizarre Underground World of Collectors and Dealers Who Saved the Movies (University Press of Mississippi, 2016) Dennis Bartok and Jeff Joseph interviewed many of these collectors and learned about the issues they faced, both in finding their own special treasures, as well as the legal issues suffered by some of them.Learn more about your ad choices. Visit megaphone.fm/adchoices

Katherine Turk is assistant professor of history at University of North Carolina, Chapel Hill. Her book Equality on Trial: Gender and Rights in the Modern American Workplace (University of Pennsylvania Press, 2016) explores how women tested the boundaries of work place equality following the passing of the Title VII of the 1964 Civil Rights Act. The under staffed Equal Employment Opportunity Commission was given the task of interpreting the ambiguous meaning of sex equality. Thousands of letters flooded the commission appealing to broader notions of fairness and sexual equality. The ambiguity of the law allowed women to assert expansive interpretations to include safer workplaces, higher wages, flexible schedules, equal pay and comparable worth. The EEOC struggled to apply the law as it dealt with sex-specific protective state laws, industry practices and common sense notions of gender. The backlog of claims pressed the EEOC to narrow the definition of sex equality and turned to statistics in developing cases

Sarah Abrevaya Stein’s rich new book, Extraterritorial Dreams: European Citizenship, Sephardi Jews, and the Ottoman Twentieth Century (University of Chicago Press, 2016) takes readers on a global journey in search of late 19th and early 20th century Sephardi Jews with roots in the Ottoman Empire who sought citizenship within European nations for a variety of reasons, including socio-economic mobility and political refuge. While analyzing complex legal systems and the ways in which different nations viewed their extraterritorial subjects, Abrevaya Stein never loses site of the individual experiences of Jewish men and women. Indeed, by offering a series of case studies that range from Salonica during the Balkans War to 1930s Shanghai and Baghdad, she demonstrates how questions over citizenship and status were often determined by local politics and personalities and could lead to vastly different fates for these Jewish “proteges.”Learn more about your ad choices. Visit megaphone.fm/adchoices

When I first read Foucault’s Discipline and Punish as an undergrad, I remember wondering, “What does this look like, though? How might the disciplining of the body play out in different places?” Greg Eghigian, author of The Corrigible and the Incorrigible: Science, Medicine, and the Convict in Twentieth-Century Germany (University of Michigan Press, 2015) and Associate Professor of History at Pennsylvania State University, answers that question and more about the evolution of incarceration in modern Germany. Eghigian’s background is in both German history and the history of science, and his expertise in the latter shines through as he explores discourses of criminality among professionals in the fields of psychology, psychiatry, sociology, criminology, and medicine. He has done extensive previous work on the understanding and treatment of madness in modern Europe, and shows that many of the same concerns that motivated physicians, psychoanalysts, and reformers in the emerging field of

Anger is among the most familiar phenomena in our moral lives. It is common to think that anger is an appropriate, and sometimes morally required, emotional response to wrongdoing and injustice. In fact, our day-to-day lives are saturated with inducements not only to become angry, but to embrace the idea that anger is morally righteous. However, at the same time, were all familiar with the ways in which anger can go morally wrong. We know that anger can eat away at us; it can render us morally blind; it can engulf our entire lives. So one might wonder: What exactly is the point of anger? In Anger and Forgiveness: Resentment, Generosity, Justice (Oxford University Press, 2016), Martha Nussbaum argues that, in its most familiar forms, anger is not only pointless, but morally confused and pernicious. Drawing lessons from the Stoics, Nelson Mandela, Gandhi, and Martin Luther King, Nussbaum advocates replacing anger with forms of generosity, friendship, justice, and kindness. She develops her critique of anger acr

In The Myth of the Cultural Jew: Culture and Law in Jewish Tradition (Oxford University Press, 2015), Roberta Rosenthal Kwall, the Raymond P. Niro Professor of Intellectual Property Law at DePaul University College of Law, applies a cultural analysis framework to Jewish law, to show that Jewish culture has a grounding in Jewish law. The evolution of Jewish law is guided and shaped by human elements and shifting power dynamics. Kwall argues that both law and culture are necessary for forging meaningful Jewish identity.Learn more about your ad choices. Visit megaphone.fm/adchoices

In her new book Laws of Image: Privacy and Publicity in America (Stanford Law Books, 2016), Samantha Barbas provides a history of Americans’ use of law to manage their public image. She approaches this endeavor from the perspective of a legal and cultural historian, tracking the correlation between a growing American image consciousness and the rise of laws, such as the tort of invasion of privacy and damages for emotional distress, which enabled individuals to control and defend their public persona.Learn more about your ad choices. Visit megaphone.fm/adchoices