New Books In Law

In this podcast I interview Kathleen J.P. Tabor, Esq. about a book she co-wrote with Jan I. Berlage, Maryland Equine Law: A Legal Guide to Horse Ownership and Activities (Go Dutch Publishing, 2011). Attorney Tabor describes how her practice as an Equine Lawyer brings her in touch with diverse areas of the law such as contract law, international law, and tort law. She also discusses how effective lawyering by attorneys who understand the horse industry help maintain positive relationships between and among equestrians. Kathleen is a solo practitioner of the Law Office of Kathleen J.P. Tabor, LLC, a general civil practice with a special focus on agricultural and equine businesses, activities, and ownership. Her practice has taken her all across the State of Maryland. In addition to her legal training, Kathleen is a trained mediator and collaborative practitioner. A life-member of the Maryland Horse Council, Kathleen was recently elected to the Executive Committee of the Board of Directors. She also serves on th

A lot has been going on in Myanmar in the last few years, and even people who are deeply familiar with the country have had trouble following and interpreting the many changes. Fortunately, Marie Lall’s new book, Understanding Reform in Myanmar: People and Society in the Wake of Military Rule (Hurst, 2016), brings the close attention to events of someone who has been intimately involved in efforts for reform in Myanmar together with an informed reading of how and why reforms have succeeded. Beginning her narrative in 2005, Lall describes how even in the period of unmediated military rule in the mid-to-late 2000s, people in Myanmar began to anticipate and act to effect changes that at the time were not easily discerned, yet which gave rise to conditions that enabled the more substantive changes of the 2010s. Closing with the overwhelming victory of the National League for Democracy in the 2015 general elections she offers a sober but optimistic view of the country’s current conditions and future p

Sexual Abuse, Shonda and Concealment in Orthodox Jewish Communities (McFarland, 2014) analyzes how and why cases of child sexual abuse have been systematically concealed in Orthodox Jewish communities. The book (the first of its kind) thoroughly examines a number of recent cover-ups in detail, showing how denial, backlash against victims, and the manipulation of the secular justice system have placed Orthodox Jewish community leaders in the position of defending, protecting, and enabling child abusers. The book also examines the disappointing treatment of this issue in popular media, while dissecting the institutions that contribute to the cover-ups, including two–rabbinic courts and local Orthodox “patrols”–that are more or less unique to Orthodox Jewish communities. Finally, the book explores the cultural factors that have contributed to this tragedy, and concludes with hopes and proposals for future reform Michael Lesher, a writer and a lawyer, has published a number of articles abo

In Unclean Lips: Obscenity, Jews, and American Culture (New York University Press, 2014), Josh Lambert, Academic Director of the Yiddish Book Center and Visiting Assistant Professor of English at UMass Amherst, explores the role of Jews in the history of obscenity in America. Through a series of case studies, he shows how Jews battled censorship as writers, editors, publishers, critics, and lawyers. In their engagements in battles over obscenity, Jews have played a previously underappreciated role in transforming American culture.Learn more about your ad choices. Visit megaphone.fm/adchoices

Working against the tendency to conflate the analytic categories “rule of law,” and “law and order,” Nick Cheesman’s Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order (Cambridge University Press, 2015) makes a significant two-fold contribution, one as “the first serious attempt for half a century to situate Myanmar’s courts in its politics;” and the other, that rather than reproduce the binaried, linear thinking inherent to terms like “rule by law,” Cheesman exposes and repairs a significant conceptual weakness in rule of law scholarship through the analytic lens of law and order. Martin Krygier writes, “Opposing the Rule of Law combines three elements rarely seen in one place: fine-grained, indeed masterly, unravelling of Myanmar criminal laws social and political history, character and significance; an original and sophisticated account of the rule of law and its enemies in Myanmar, generally, and in principle; and uncom

As a trailblazing attorney, Bessie Margolin lived a life of exceptional achievement. At a time when the legal profession consisted almost entirely of men, she earned the esteem of her colleagues and rose to become one of the most successful Supreme Court advocates of her era. Doing so, as Marlene Trestman demonstrates in Fair Labor Lawyer: The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie Margolin (Louisiana State University Press, 2016), required overcoming not just the ingrained assumptions that men had towards professional women during that time but also the poverty of her early childhood and the loss of her mother when Margolin was only three years old. As Trestman reveals, Margolin exploited to the full the opportunities she was given as a ward of the Jewish Orphans Home in New Orleans, which provided her with a comfortable upbringing and a good education. From Newcomb College and Tulane University, Margolin went on to a fellowship at Yale University and a career in the federal g

Are solutions to marital problems always best solved through legal means? Should alternative dispute resolutions be celebrated? In her latest book The Trouble with Marriage: Feminists Confront Law and Violence in India (University of California Press, 2015) Srimati Basu answers such questions and many more through explorations of ‘lawyer free’ courts and questions surrounding understandings of domestic violence, analyses of the way rape intersects with marriage and how kinship systems change with legal disputes and by delineating the most important acts that frame marriage law in India. Theoretically and politically astute the book offers an ethnographic insight into legal sites of marriage trouble in India.Learn more about your ad choices. Visit megaphone.fm/adchoices

The landscape described in Bernard Harcourt‘s new book is a dystopia saturated by pleasure. We do not live in a drab Orwellian world, he writes. We live in a beautiful, colorful, stimulating, digital world a rich, bright world full of passion and jouissance–and by means of which we reveal ourselves and make ourselves virtually transparent to surveillance. Exposed: Desire and Disobedience in the Digital Age (Harvard University Press, 2015) guides us through our new digital age, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual. Other actors from advertisers to government agencies can compile huge amounts of information about who we are and what we do. Whether they use it to recommend other products to buy or track our movements, H

In this podcast I talk with Mary Ziegler, Stearns Weaver Miller Professor of Law at Florida State University College of Law about her book, After Roe: The Lost History of the Abortion Debate (Harvard University Press, 2016). Ziegler’s work revolves around Roe v. Wade and uses this landmark American abortion rights case to explore broad questions such as litigation as a vessel for social change and the role the court plays in democracy. To explore these questions, in addition to archival research Ziegler also did over one hundred oral histories. This method has allowed her to go beyond caricatures of people in the pro-life and anti-abortion camps and to delve deeply into their motivations and look at the angles they approached the abortion issue with great precision. Roe is often seen as a cautionary tale for judicial intervention as described for example by both right leaning Supreme Court Justice Antonin Scalia and left leaning Justice Ruth Bader Ginzburg. Her research reveals, however, that much of th

First things first: Matthew H. Sommer‘s new book is an absolute must-read for anyone interested in the history of China and/or the history of gender. Based on 1200 legal cases from the central and local archives of the Qing dynasty, and focusing on the rural poor rather than the elite, Polyandry and Wife-Selling in Qing Dynasty China: Survival Strategies and Judicial Interventions (University of California Press, 2015) looks carefully at polyandry, wife sale, and a variety of intermediate practices that mobilized a woman’s sexual & reproductive labor to help support her family. In a series of chapters that use fascinating stories and documents to transform how we understand what constitutes Qing law, Sommer’s book compellingly argues for the impossibility of maintaining a clear-cut, binary distinction between sex work and marriage in the Qing. The records on which Sommer bases this magisterial account are full of stories that are themselves worth the price of admission, sensitively rende

Peter K. Enns is the author of Incarceration Nation: How the United States Became the Most Punitive Democracy in the World (Cambridge University Press, 2016). Enns is Associate Professor in the Department of Government and Executive Director of the Roper Center for Public Opinion Research at Cornell University. The rise of mass incarceration in the United States is one of the most critical outcomes of the last half-century. Incarceration Nation combines close analysis of Barry Goldwater and Richard Nixon’s presidential campaigns with 60 years of data analysis. In contrast to conventional wisdom, Enns shows that over this time period, politicians responded to an increasingly punitive public by pushing policy in a more punitive direction. The book also shows that media coverage of rising crime rates fueled the public’s attitudes. More recently, a decline in public punitiveness helps explain the current bipartisan calls for criminal justice reform.Learn more about your ad choices. Visit megaphone.fm/

In New Mexico, before World War Two, Catholic sisters in full habits routinely taught in public schools. In her fascinating new book, Religious Lessons: Catholic Sisters and the Captured Schools Crisis in New Mexico (Oxford University Press, 2012), Dr. Kathleen Holscher explores how this curious situation arose and how this partnership between public schools and female religious orders was brought to an end by the court case Zellers v. Huff. Through a sensitive and rich exploration of diverse sources, including trial transcripts and her own interviews, Holscher captures the complex ways people in New Mexico and the wider United States understood religious freedom and the proper relationship between church and state while constructing a fascinating and ultimately moving narrative of division and reconciliation.Learn more about your ad choices. Visit megaphone.fm/adchoices

Douglas Clark’s new Gunboat Justice: British and American Law Courts in China and Japan (1842-1943) (Earnshaw Books Limited, 2016) is a three-volume study of extraterritoriality and its transnational histories as it shaped modern China and Japan. Clark is both historian and master storyteller in this work, crafting a study moves readers chronologically through a story of extraterritoriality from the middle of the nineteenth century through the middle of the twentieth, while introducing some amazing figures and characters along the way. (Keep a lookout, readers, for the “man’s man” who meets a ghost and asks it if it’s drunk.) Clark pays special attention to analyzing the very different results of the impact of extraterritoriality in Japan and China. Enjoy! Carla Nappi is Associate Professor of History at the University of British Columbia. Her research and writing concern the histories of science, medicine, materiality, and their translations in early modern China. You can find

Stereotypes should always be viewed with skepticism. That said, when we consider Jewish kids from Brooklyn we ordinarily think of well-behaved, studious types on their way to “good schools” and professions of one sort or another. Rude boys roving the streets of New York seeking to “cleanse” the city by assaulting and even killing “bums” do not readily come to mind. Yet there were such Jewish thugs in the 1950s. Mariah Adin tells their tale in her wonderful book The Brooklyn Thrill-Kill Gang and the Great Comic Book Scare of the 1950s (Praeger, 2014). In the summer of 1954, the Brooklyn “Thrill Killers” murdered two men and tortured several others. All of the victims were essentially indigent men. After the boys were captured, it was discovered that their leader, troubled teenager Robert Tractenberg, was fascinated with the Nazis. Not only that, he was a big fan of violent horror comic books, some of which contained avenging characters. These facts led investigat

Parsis, also known as Zoroastrians, were deeply entwined with the colonial legal system of British India and Burma, far beyond what one might expect from their relativity small numbers. Mitra Sharafi, in her wonderful new book Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014), explores this anomaly and how – as legislators, lawyers, litigants, judges and lobbyists – they managed to maintain the contours of their distinctive ethno-religious community. With fascinating legal cases, lively personalties and a deep discussion of how identity and litigation interact, Law and Identity in Colonial South Asia is a compelling and engaging account of a community with a unique and intriguing relationship with colonial rule.Learn more about your ad choices. Visit megaphone.fm/adchoices

Richard L. Hasen has written Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press, 2016). Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. In the midst of the most expensive presidential contest in U.S. history, is money buying access and influence? Are super PACs corrupting the democratic process? Or are eager supporter simply exercising their First Amendment rights? In Plutocrats United, Hasen argues that these may be the wrong questions and the long-standing debate between corruption and free speech – so long a part of constitutional discussions of the issues – is in need of an overhaul. Instead, he suggests that a renewed focus on political equality could reshape the way the country and the Supreme Court considered the role of money in politics. Hasen makes specific policy recommendations for what a new campaign finance regime might look like, and why this new approach wo

After World War II, the newly formed United Nations and what might be called a global community of nations that included the United States, worked to create a more extensive code of international law. The urge stemmed from the events of World War II, including the atrocities of the war that resulted in war crimes trials and tribunals afterward. The new effort included a move to implement new enforcement mechanisms and insure that the agreed upon international standards were upheld and violators punished. During this same period, the United States military significantly expanded its global presence. Throughout the Cold War and after, U.S. troops were stationed at bases in more countries than ever before, which each required Status of Forces Agreements laying out, among other things, jurisdiction over U.S. troops. This increased global presence also meant more American soldiers, and in some cases civilians accompanying the military for various reasons, were in the position to violate these international standar

It seems obvious that children need to be loved, that having a loving home and upbringing is essential to a child’s emotional and cognitive development. It is also obvious that, under typical circumstances at least, for every child there are adults who should love them. It is perhaps not surprising, then, that many national and international charters and declarations specifically ascribe to children a right to be loved. But the idea that children have a right to be loved seems philosophically suspicious. Questions arise almost instantly: Could there be right to be loved? Could children hold such a right? To whom does the correlate duty to love a child fall? What would such a duty require? One might also begin to wonder: What are the implications of such a right for family, parenting, child-rearing, and adoption? In The Right to be Loved (Oxford University Press, 2015), S. Matthew Liao works carefully and systematically through all of these questions in providing a compelling defense of the idea that chi

Anthony Maniscalco is the author of Public Spaces, Marketplaces, and the Constitution: Shopping Malls and the First Amendment (SUNY Press, 2015). Maniscalco is the director of the Edward T. Rogowsky Internship Program in Government and Public Affairs at the City University of New York. What can you say in a shopping mall? Maniscalco finds not that much, or at least not as much as you were in the past. Public Spaces traces the legal history of how the courts have interpreted balanced the property rights of shopping place owners with the first amendment rights of patrons. The book offers a new vision for how public spaces might be reimagined to re-emphasize public debate and discussion in shopping malls and places of commerce.Learn more about your ad choices. Visit megaphone.fm/adchoices

In her shining new book Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (Cambridge University Press, 2015), Hina Azam, Assistant Professor of Middle Eastern Studies at the University of Texas-Austin, explores the diversity and complexity of pre-modern Muslim legal discourses on rape and sexual violation. The reader of this book is treated to a thorough and delightful analysis of the range of attitudes, assumptions, and hermeneutical operations that mark the Muslim legal tradition on the question of sexual violation. Indeed, the most remarkable aspect of this book is the way it showcases the staggering range and diversity of approaches to defining and adjudicating rape that populate the Muslim legal tradition. Focusing primarily on the Maliki and Hanafi schools of law, Azam convincingly demonstrates that Muslim legal discourses on rape were animated and informed by competing ways of imagining broader categories such as sovereignty, agency, property, and rights. In our conversation, we talke