New Books in Law

Renisa Mawani’s Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press), take us to 1914, when the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history. Renisa Mawani is currently Professor in the Department of Sociology at the University of British Columbia and recurring Chair of the Law and Society Program. Other affiliations at UBC include: Faculty Associate, Peter Wall Institute for Advanced Studies, the Institute for Race, Gender, Sexuality, and Social Justice, Green College, and the Science and Technology Studies Program. Mawani is the author of Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at [email protected] or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, Siobhan talks with Philip Thai about his book, China's War on Smuggling: Law, Illicit Markets, and State Power on the China Coast (Columbia University Press, 2018). Thai is Assistant Professor of History at Northeastern University. He is a historian of Modern China with research and teaching interests that include legal history, economic history, and diplomatic history. Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority. Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history. Siobhan M. M. Barco, J.D. explores legal history at Princeton University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his book From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law (Oxford University Press, 2018), Will Smiley examines the emergence of rules of warfare surrounding captivity and slavery in the context of Ottoman-Russian military rivalry between 1700 and 1878. This remarkably well-researched and carefully argued monograph uncovers a vibrant inter-imperial legal regime, challenging many conventional narratives about the expansion of modern international law and the European states system. Its pages provide ample material with which we can rethink the supposed linear decline of Ottoman state power and the nature of pre-modern diplomacy, sovereignty, and governance in Eurasian empires. While traditional accounts of modern international law mainly focus on intellectual and political developments in the Western world, Smiley shows how two states on the European periphery worked out their own rules – their own international law governing the movement of captives, slaves, and prisoners of war across imperial frontiers. The story that emerges is not one of the Ottoman state’s joining an outside system of law. On the contrary, both in the eighteenth century and the even more challenging nineteenth, the Sublime Porte actively shaped the rules by which it was bound. Will Smiley is an Assistant Professor in the Humanities Program at the University of New Hampshire and a historian of Eurasia, the Middle East, the Ottoman Empire, and international law. Vladislav Lilić is a doctoral candidate in Modern European History at Vanderbilt University. His research focuses on the place and persistence of quasi-sovereignty in late Ottoman and post-Ottoman Southeastern Europe. Vladislav’s other fields of interest include the socio-legal history of empire, global history of statehood, and the history of international thought. You can reach him at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On this episode of New Books in History, Jana Byars talks with Colin Rose, Assistant Professor of History at Brock University in St. Catherine’s, Ontario, Canada, about his new book, A Renaissance of Violence: Homicide in Early Modern Italy (Cambridge University Press, 2019). Seventeenth-century Bologna saw a severe uptick of homicide, the result of several factors that we discuss here. Beyond just a discussion of the book and its impact on our understanding of early modern Italy, Colin talks about his source material in detail, providing a small primer on the workings of an early modern criminal court. This makes for a lively conversation between two very happy historians about the joys of archival work. Jana Byars is the academic director of SIT Amsterdam’s study abroad program, Gender and Sexuality in an International Perspective. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How does the United States use immigration to suppress free speech? Should interests of “national security” take priority over individual liberties? What happens to democracy when the most vulnerable are denied their right to speak and exchange ideas? In Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States (Harvard University Press, 2020), historian and lawyer Dr. Julia Rose Kraut argues that ideological exclusions and deportations are rooted in political fear of subversion – and the United States has used these exclusions and deportations continuously from the 18th to 21st centuries to suppress free speech. The book explores the constitutionality of ideological restrictions and exclusions as interpreted by American courts – as well as the specific intersection of American immigration and First Amendment law – through a political, historical, legal and personal lens by following the lives of real people as well as key court decisions. The book chronicles the actions of those we know (e.g. Clarence Darrow, Thurgood Marshall, Charlie Chaplin, Carlos Fuentes, and J. Edgar Hoover) as well as some that we may have forgotten (e.g. Ernest Mandel, Leonard Boudin, Carol King, and Frank Murphy). At issue for Kraut is the essence of American liberal democracy and the rule of law. She fears a national identity rooted in fear of the threat of dissent and political repression rather than J.S. Mill’s marketplace of ideas and free exchange of ideas. The actions of the Trump administration on immigration have put a recent spotlight on this issue – and Kraut’s book concludes with the Travel Ban – but she details how immigration law has been used throughout American history to suppress dissent and radical change. Beginning with the Alien Friends Act of 1978, immigrants in America have always had their First Amendment rights violated on the basis of their values, ideas, and associations. These violations are often backed by the Supreme Court as immigrants are judged more greatly on their immigrant status than in accordance with first amendment rights. Threat of Dissent systematically reveals the ways immigration law is used by officials to intimidate, threaten, and repress foreigners. Kraut unveils this, criticizing not only the damaging effect this has on immigrants’ lives themselves, but additionally the overall damage this does to the idea of American liberal democracy and the overstep of executive power. The podcast includes a discussion of the recent SCOTUS decisions on DACA and the recent passage of the NOBAN Act by the House of Representatives on July 22, 2020. Bernadette Crehan assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How could a peasant in Shandong in the Qing dynasty come to know enough about a specific law that he felt confident enough to kill his own wife and his lover’s husband and think that he could get away with it? As Ting Zhang’s new book, Circulating the Code: Print Media and Legal Knowledge in Qing China (University of Washington Press, 2020) shows, there was a whole range of ways: he could have read the entire statute himself, in either an official or a commercial edition of the Qing Code, or found a simple explanation of it in a popular legal handbook. He could have heard a community lecture on it, or seen the statute dramatized on stage. The state might have intended or tried to control the popular dissemination of legal information, but thanks to commercial printing and a thriving book market, legal knowledge circulated and disseminated far and wide in the Qing – right down to a peasant with murder on his mind. Circulating the Code is a beautiful combination of legal history and print culture history. Comparing different official and commercial editions of the Qing Code, handbooks for litigation masters, and manuals for community legal lectures, it explores the production, circulation, and reception of legal knowledge in Qing China, shows how the dissemination of legal information transformed law, and challenges assumptions about the state monopolization of accurate legal knowledge in the Qing. Wonderfully detailed, lucidly written, and packed full of fascinating books, this is a must-read for anyone interested in legal history, the history of the book, and in thinking about comparative histories of print culture and commercial publishing. Ting Zhang is assistant professor of history at the University of Maryland. Sarah Bramao-Ramos is a PhD candidate at Harvard University. She works on Manchu books and Manchu translations and loves anything involving a good kesike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Two prominent Israeli liberals argue that for the conflict between Israel and the Palestinians to end with peace, Palestinians must come to terms with the fact that there will be no "right of return." In 1948, seven hundred thousand Palestinians were forced out of their homes by the first Arab-Israeli War. More than seventy years later, most of their houses are long gone, but millions of their descendants are still registered as refugees, with many living in refugee camps. This group―unlike countless others that were displaced in the aftermath of World War II and other conflicts―has remained unsettled, demanding to settle in the state of Israel. Their belief in a "right of return" is one of the largest obstacles to successful diplomacy and lasting peace in the region. In The War of Return: How Western Indulgence of the Palestinian Dream Has Obstructed the Path to Peace (All Point Books, 2020), Adi Schwartz and Einat Wilf―both liberal Israelis supportive of a two-state solution―reveal the origins of the idea of a right of return, and explain how UNRWA – an agency created for the Palestinians and not for the millions of other refugees - the very agency charged with finding a solution for the refugees – colluded with Palestinian, Arab and international political pressure to create a permanent “refugee” problem. Schwartz and Wilf make a compelling and well-documented argument that this Palestinian demand for a “right of return” has no legal, moral or historical basis and make an impassioned plea for the US, the UN, and the EU to recognize this fact, for the good of Israelis and Palestinians alike. Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Series on Ideas with Renee Garfinkel ttps://newbooksnetwork.com/category/van-leer-institute/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is often said that bioethics emerged from theology in the 1960s, and that since then it has grown into a secular enterprise, yielding to other disciplines and professions such as philosophy and law. During the 1970s and 1980s, a kind of secularism in biomedicine and related areas was encouraged by the need for a neutral language that could provide common ground for guiding clinical practice and research protocols. Tom Beauchamp and James Childress, in their pivotal The Principles of Biomedical Ethics, achieved this neutrality through an approach that came to be known as "principlist bioethics." In Pastoral Aesthetics: A Theological Perspective on Principlist Bioethics (Oxford University Press, 2019), Nathan Carlin critically engages Beauchamp and Childress by revisiting the role of religion in bioethics and argues that pastoral theologians can enrich moral imagination in bioethics by cultivating an aesthetic sensibility that is theologically-informed, psychologically-sophisticated, therapeutically-oriented, and experientially-grounded. To achieve these ends, Carlin employs Paul Tillich's method of correlation by positioning four principles of bioethics with four images of pastoral care, drawing on a range of sources, including painting, fiction, memoir, poetry, journalism, cultural studies, clinical journals, classic cases in bioethics, and original pastoral care conversations. What emerges is a form of interdisciplinary inquiry that will be of special interest to bioethicists, theologians, and chaplains. Nathan Carlin is Associate Professor and the Samuel Karff Chair in the McGovern Center for Humanities and Ethics at The University of Texas Health Science Center at Houston (UTHealth). Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why did the DREAM Act (for the Development, Relief, and Education of Alien Minors) never pass Congress – even though it was popular with Republicans and Democrats? What does the political and legal history tell us about American federalism? How is the legal history of the DREAM ACT and DACA (Deferred Action for Childhood Arrivals) tied to the legal bureaucracy of residence? In Perchance to DREAM: A Legal and Political History of the DREAM Act and DACA (NYU Press, 2020), Michael A. Olivas marshals his experiences as both attorney and teacher to unpack the overlapping laws, politics, and politics of immigration – demonstrating how the financial aid laws, age of majority requirements, and rules for establishing domicile establish carrots and sticks that lead to inept and unjust immigration policy. The book provides a much needed legal and political history of the DREAM Act that spans over two decades from its introduction in Congress (2001) to the Trump Administration challenge of legality in the Supreme Court (2017). Olivas uses Plyler v. Doe (1982) as an entry point. A revision to Texas law in 1975 allowed the state to withhold funds from local school districts for educating the children of undocumented people. The Supreme Court ruled that the law violated the Equal Protection Clause of the Fourteen and recognized the right of undocumented to attend public schools. Olivas sees SCOTUS’s ruling as the beginning of immigration reform, particularly for undocumented people who came to the U.S. as children. Twenty-First century immigration reform has included racist narratives, fearmongering, and misinformation. Perchance to DREAM pulls the lens back to reveal the many times that immigration reform has been less polarized and expose the lack of traction. Despite covering the law and wider institutional struggles, the book highlights the pain that individual DREAMers that have suffered. Towards the end of the book, Olivas highlights poems including Pedro Calderon de la Barca’s La Vida es sueño and Langston Hughes’s Harlem to capture the yearning and disappointments of the DREAMers. Yet Olivas insists “I do not approve. And I am not resigned” noting that the fight for immigration reform is far from over. In the podcast, Olivas offers insights on the June 18, 2020 Supreme Court decision in. Department of Homeland Security v. Regents of California in which the Court ruled 5-4 to overturn. The Department of Homeland Security’s decision to end the DACA policy on narrow, procedural grounds. Daniella Campos assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Legal and political theories are not descriptions of brute facts. Nor are they merely postulated ideals or aspirations. Theories reflect and are reflected in our social relationships … Moral and political values thus cannot and should not be discussed in isolation from the institutions and social histories that shaped them. – N.E. Simmonds cited in Raymond Wacks, Understanding Jurisprudence (2005) Considering the law as a social phenomenon intrinsic to political economy is key to engaging the work in this new volume of scholarly articles edited by Professor Poul Kjaer – The Law of Political Economy: Transformation in the Function of Law (Cambridge University Press, 2020). The book is relevant on many levels to the events unfolding around us including unresolved issues between the private and the public realms (e.g., think banking and government in relation to the Global Financial Crisis of 2008). Current manifestations (post-book publication) include the ruling of the German Constitutional Court in May, which at core, appears to challenge the legitimacy of EU law for German financial interests. However distant such regulatory and legal matters may, at first appear, the idea that theories ‘are reflected in our social relationships’ anchors a more general observation made in this book’s introductory chapter concerning theoretical architectures as differentiating ‘between a holistic or a differentiation-based worldview, that is, between an understanding of society as a whole, which is larger than the sum of its parts, or an understanding of society as a mere collection of differentiated parts.’ In this NBn episode, Professor Poul Kjaer distinguishes such concepts among others, and sets the context for those with an interest in learning about ‘the law and political economy’ as a field of study including an explanation of the differences between the European and American approaches to this field. Some other points of elaboration include more detailed thoughts on his introductory chapter, his previous books dealing with governance and governing, corporatism’s many guises, intermediary institutions as key locations for social integration and dis-integration, the concept of crisis and how law regulates the economy and politics, with Georg Simmel, in a sense, underlying it all with the question: ‘how is society possible?’ Professor Kjaer explains key concepts and thinkers in this field as he provides a lay of the land as surveyed from the ‘Copenhagen School’. He also shares his impressions with the book editing process, and some of the more foundational concepts and sources. The book brings ‘together an exceptional group of scholars’ providing a ‘novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts’. This volume’s many contributions cover legal subfields ‘ranging from competition and consumer protection law to labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy.’ It should be added that the 15 chapters are compellingly written, and the book is available in hardcover and Kindle. Poul F. Kjaer is a professor at the Copenhagen Business School (CBS) in Denmark with a research focus on European and global governance, the law and political economy. Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can we understand the legacy of colonialism within contemporary society? In Bordering Britain Law, Race and Empire (Manchester University Press, 2020), Nadine El-Enany, a senior lecturer in law at Birkbeck School of Law and Co-Director of the Centre for Research on Race and Law, historicises immigration law and ideas of citizenship in Britain, connecting the project of building a nation after the end of empire to whiteness, colonial violence, and racism. The book analyses legislation and case law, along with the social and historical context of immigration in Britain, to demonstrate the continued, systemic, violence at the heart of the British state. The book is essential reading across law, history, and the social sciences, as well as for anyone interested in understanding contemporary society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book, The Cabinet: George Washington and the Creation of an American Institution (Harvard University Press, 2020), historian Lindsay M. Chervinsky traces the origins of the President’s cabinet in American government. Chervinsky combines the history of the American Revolution with studies of early American political institutions to illustrate how the cabinet developed. Exploring the cabinet’s inception, Chervinsky argues that traditional narratives about the cabinet don’t tell the whole story and, in fact, that the cabinet itself is a rather under-researched aspect of the American presidency. While George Washington did build the cabinet and, even more importantly, made use of the cabinet in developing policy and seeking input and advice, Chervinsky reveals that it was not until well into Washington’s first term that the cabinet really came into full usage, and this was only after Washington had experimented with other options. The Cabinet: George Washington and the Creation of an American Institution traces how the cabinet evolved in a kind of organic fashion, as Washington needed more input and, in an interesting comparative context, as the Senate provided less engaged advice and consent than had been anticipated at the Constitutional Convention. Chervinsky highlights how Washington’s inaugural cabinet established and protected executive authority setting a precedent for future cabinets and helping to define the scope of executive power in the new constitutional system. Chervinsky’s book takes a chronological approach, starting in the revolutionary period and working forward through Washington’s two administrations. She begins by exploring Washington’s military experience, especially his leadership of the military, and explains how this experience informed his decisions around creating and using the cabinet while president. Chervinsky describes how, during the American Revolution, Washington relied on councils of war to provide advice and help him to make key decisions. He designed the cabinet to advise him in a similar fashion. Chervinsky also discusses the first cabinet secretaries—figures who were themselves quite well known, like Alexander Hamilton, Edmund Randolph, Thomas Jefferson, and Henry Knox—and how their individual experiences shaped the offices they held. The Cabinet notes that the way in which the first ministers debated issues created a model for the president’s cabinet as an enduring institution. Chervinsky concludes her chronological study looking at how the cabinet became permanent in response to crises including the Neutrality Crisis of 1793, the Whiskey Rebellion of 1794, and Jay Treaties of 1795-1796 (which also involved the development of executive privilege). Finally, Chervinsky considers the ramifications of Washington’s creation and use of the cabinet. She explains how the public came to think about Washington’s cabinet and his secretaries, while also comparing Washington’s cabinet practices to more contemporary ones. The Cabinet weaves together a fascinating history of the institution itself while providing an understanding of how it evolved as an institution within the new constitutional system and, in particular, how it operates with the president, carving out a space for a more authoritative executive. Adam Liebell-McLean assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do we move police forces from a warrior culture to connecting better with communities they serve? Today I talked to David A. Harris about his new book A City Divided: Race, Fear and the Law in Police Confrontations (Anthem Press, 2020). Harris is a professor at the University of Pittsburgh’s law school and is the leading U.S. authority on racial profiling. Also the author of Profiles in Injustice (2002). he hosts the podcast Criminal Injustice. Topics covered in this episode include: Harris’s vantage point on what the Minnesota legislature got right and only half-right in recently approving a police accountability measure in the wake of the George Floyd killing. Why navigating fear and anger is so hard for both black suspects and the police alike. What role a lack of familiarity – and trust – plays for officers and suspects in trying to avoid escalating their encounters. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. To check out his “Faces of the Week” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his book The Hidden History of International Law in The Americas: Empires and Legal Networks (Oxford University Press, 2017), Juan Pablo Scarfi shows the central role of a coterie of elite Latin American jurists and intellectuals in constructing a Pan-American inflected conception of international law. In exploring the rise of so-called “American” international law, Scarfi’s monograph contributes to the now burgeoning literature on the rise of global governance, by showing how many of the legal ideas that came to serve as the foundation of organizations like the United Nations were first experimented with in Latin America. While much previous work on international law during the twentieth century has often left Latin America out of the picture or given it a peripheral role, this important monograph positions Latin America at the center of the development of modern ideas about international law and highlights the global legal networks that allowed for spirited exchanges between Latin American, North American, and European legal elites. Juan Pablo Scarfi is a Research Associate at the Argentine National Scientific and Technical Research Council (CONICET), and teaches international relations and international law at the School of Politics and Government at the National University of San Martín, Argentina. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at [email protected] and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Paulo Drinot’s The Sexual Question: A History of Prostitution in Peru, 1850s-1950s (Cambridge University Press, 2020), studies the interplay of sexuality, society, and the state in Peru in the nineteenth and twentieth centuries. Drinot analyzes the rules and norms that governed prostitution and venereal disease in this period, and tracks how regulation of prostitution was implemented in the early twentieth century, and then seemingly abandoned in the 1950s. Drinot’s story foregrounds the many agents that intervened in this process: prostitutes––or sex workers as we may call them today––but also government officials, physicians, journalists, feminists, among others. Set in a global and comparative framework, this book centers on Peru, a country that came “late” to the regulation of prostitution, and did so under arguments that combined concerns about public health and ideas about proper female and male sexuality. The Sexual Question goes beyond the history of prostitution for it also sheds light on broader processes such as the medicalization of society and the construction of the nation-state in Latin American societies. Race figures prominently in this story: throughout this period, the regulation of prostitution was accompanied by the racialization of disease, and the policing of certain groups deemed especially dangerous or in need of protection (Afro-Peruvians and indigenous groups for example). This is a timely book, not only for those listeners concerned with Latin American history, but also for those who are interested in sexuality, the state, race, and medical history more generally. A must for our listeners! Lisette Varón-Carvajal is a PhD Candidate at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law and Public Policy (Oxford University Press) examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies. Margaret C. Stevenson is Associate Professor at the University of Evansville. She has published over 30 peer-reviewed articles, chapters, and an edited volume related to jury decision-making. Bette L. Bottoms is Professor of Psychology and Dean Emerita of the Honors College at The University of Illinois at Chicago. She is Fellow of the American Psychological Association (APA) and a past president of APA's Society for Child and Family Policy and Practice and Section on Child Maltreatment. Kelly C. Burke is a doctoral candidate in the Social Psychology Program at The University of Illinois at Chicago. Her research on the influence of prejudice and case evidence (e.g., body-worn camera footage) on juror decision making has been published in peer-reviewed journals and books and funded by the American Psychology-Law Society's Diversity Research Award and the Society for the Psychological Study of Social Issues Grant-in-Aid Award. 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 Peoples 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 Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Sovereignty (Northwestern University Press, 2020) playwright Mary Kathryn Nagle weaves together two stories separated by 170 years but joined by a common dilemma: how can Cherokee people fight for justice under an unjust colonial legal framework? In present-day Oklahoma, Sarah Ridge Polson attempts to bring her abuser to justice using the Violence Against Women Act. In 1835, her ancestors try to defend the inherent jurisdiction of the Cherokee Nation against the encroachments of the state of Georgia. Nagle combines her art as a playwright with her training as a lawyer to craft a taught legal drama that illuminates the complexities of these issues. This is a play about how history is always with us, even when that history has been repressed for generations. Andy Boyd is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With such high levels of residential segregation along racial lines in the United States, gentrifying neighborhoods present fascinating opportunities to examine places with varying levels of integration, and how people living in them navigate the thorny politics of race. Among the many conflicts revolving around race under gentrification is crime and its relationship with the displacement and marginalization of a neighborhood’s existing low-income minority groups. Contributing to this conversation is sociologist Jan Doering, whose new book Us versus Them: Race, Crime, and Gentrification in Chicago Neighborhoods (Oxford University Press, 2020) examines the strategic practices of two groups in that city’s Rogers Park and Uptown neighborhoods: “public safety” advocates, or people who were very concerned with crime and active in a variety of local initiatives to address it; and “social justice” advocates, or people who were more concerned with resisting gentrification and keeping their neighborhood racially and socioeconomically diverse. In documenting their efforts and clashes through three years of fieldwork, Doering focuses on two forms of racial claims-making each camp of residents uses to make its case: racial challenges, or charges of racially problematic behavior, and racial neutralizations, or any defensive or reparative responses to racial failings. Revealing links between how anticrime initiatives can amplify gentrification and contribute to marginalization through the invocation of race as they negotiate the politics of crime and gentrification, the book provides a highly nuanced, and quite timely, analysis of everyday battles over racial meanings with great resonance for today’s political climate. Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), and editor of Urban Ethnography: Legacies and Challenges (Emerald, 2019) and Ethnography and the City: Readings on Doing Urban Fieldwork (Routledge, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Verónica Martínez-Matsuda about her book Migrant Citizenship: Race, Rights, and Reform in the U.S. Farm Labor Camp Program (University of Pennsylvania Press). Migrant Citizenship exams the Farm Security Administration’s Migratory Labor Camp Program, and its role in the daily lives of a diverse number of farmworker families. Martínez-Matsuda thoroughly investigates the way public policy was used to intervene in the lives of migrant workers, and how these workers sought to transform their own lives and the country around them through appealing to American democratic principles and forming movements to pursue social justice and civil rights. Martínez-Matsuda’s study showcase the many ways that the FAS’s history, and these migrant workers, is integral to understanding both historical and modern struggles in farm labor relations. Verónica Martínez-Matsuda is an Associate Professor at Cornell University’s ILR School. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Ronald Reagan appointed Sandra Day O’Connor to the Supreme Court in 1981, nine highly qualified women were on the shortlist. What do the stories of these women tell us about the judiciary? Gender? Feminism? Race? In Shortlisted: Women in the Shadows of the Supreme Court (NYU Press, 2020), Renee Knake Jefferson (professor at the University of Houston Law Center) and Hannah Brenner Johnson (Vice Dean and a law professor at California Western School of Law in San Diego) demonstrate how highly (and often overly) qualified woman are shortlisted by presidents -- from Herbert Hoover to Donald Trump -- to create the appearance of diversity before a (white) man is selected to preserve the status quo. Short-listing isn’t success but symptom of a problem. Jefferson and Johnson’s research in presidential libraries, private papers, oral histories, the Nixon tapes, and biographies reveals that presidents as early as Herbert Hoover began discussing female candidates – though presidents set aside overly qualified women for decades. The first half of this nuanced book explores the first woman considered (Florence Allen), five judges who were on the short lists of JFK, LBJ, Nixon, and Ford, and female judges who were short-listed alongside Sandra Day O’Connor (including the first Black female judge, Amalya Lyle Kearse). The histories of each candidate map onto the waves of feminism, reflect on the role of marriage, motherhood, and sexuality, and allow the authors to identify the harms of short-listing. The details are revealing about both past and present and the second half of the book addresses how to apply the lessons learned from these decades of paying lip-service to diversity. How can candidates transition from shortlisting to selection? Jefferson and Johnson discuss tokenism, the burdens of being a gender spokesperson, racism, ageism, and the binds of femininity and “respectability.” The authors demonstrate how the selection of women for the Supreme Court impacts other aspects of the legal system and beyond. Although the number of men and women entering law school and entry-level legal positions are equal, the rate at which men reach leadership positions is considerably faster than women. This phenomenon can be seen in many fields where there is a pursuit of professional advancement. The authors conclude with strategies such as “collaborating to compete” to reform the American legal system. Daniella Campos assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Movement for Reproductive Justice: Empowering Women of Color through Social Activism (NYU Press, 2020), Pat Zavella shows how reproductive justice organizations' collaborative work across racial lines provides a compelling model for other groups to successfully influence change. In the context of the war on women's reproductive rights and its disproportionate effect on women of color, and increased legal violence toward immigrants, The Movement for Reproductive Justice demonstrates that a truly intersectional movement built on grassroots organizing, culture shift work, and policy advocating can offer visions of strength, resiliency, and dignity for all. Dr. Pat Zavella is Professor Emerita in the Department of Latin American and Latino Studies at the University of California, Santa Cruz. She is also the author of I’m Neither Here nor There: Mexicans’ Quotidian Struggles with Migration and Poverty and coauthor of Telling to Live: Latina Feminist Testimonios. Dr. Isabel Machado is a Postdoctoral Fellow in Gender and Sexuality Studies at the Department of History of the University of Memphis. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evaluating the interwoven trajectories of the people, like itinerant ship-workers and colonial magistrates, who built France’s first empire in the Atlantic and Indian Oceans in the long eighteenth century. Imperial subjects like these sought political and legal influence via law courts, with strategies that reflected local and regional priorities, especially in regards to slavery, war, and trade. Courts became liaisons between France and new colonial possessions. Byline: Dr. Julia M. Gossard is assistant professor of history and distinguished assistant professor of honor’s education at Utah State University. A historian of 18th-century France, Julia’s manuscript, Young Subjects, examines children as important actors in social reform, state-building, and imperial projects across the early modern French world. Dr. Gossard is active on Twitter. To learn more about her teaching, research, and experience in digital humanities, visit her website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous detective and others hid their violence, and the arduous struggle to get Burge fired and win reparations for survivors. He blends legal and social history with ethnography to chronicle the labyrinthine legal system that concealed this torture, and the challenges of political coalition-building across class, race, and prison walls. The result is a history of the fraying reform discourse with which we live. Andrew S. Baer is assistant professor of history with a secondary appointment in African American studies at the University of Alabama at Birmingham. Patrick Reilly studies US history, race, and civilian cooperation with police at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law: The Last Two and a Half Millennia (Harvard UP, 2019), Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identifying what European law was, where its iterations could be found, who was allowed to make and implement it, and what the results were, she ties legal norms to their historical circumstances, and allows readers to grasp their malleability and fragility. Herzog describes how successive European legal systems built upon one another, from ancient times through the establishment and growth of the European Union. Roman law formed the backbone of each configuration, though the way it was understood, used, and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. Expanding the definition of Europe to include its colonial domains, Herzog explains that British and Spanish empires in the New World were not only recipients of European legal traditions but also incubators of new ideas. Their experiences, as well as the constant tension between overreaching ideas and naive localism, explain how European law refashioned itself as the epitome of reason and as a system with potentially global applications. Tamar Herzog is Monroe Gutman Professor of Latin American Affairs and Radcliffe Alumnae Professor in the History Department at Harvard University, and Affiliated Faculty Member at Harvard Law School. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Abolitionism and the Persistence of Slavery in Italian States 1750–1850 (Palgrave MacMillian, 2019) offers a pioneering study of slavery in the Italian states. Documenting previously unstudied cases of slavery in six Italian cities—Naples, Caserta, Rome, Palermo, Livorno and Genoa—Giulia Bonazza investigates why slavery survived into the middle of the nineteenth century, even as the abolitionist debate raged internationally and most states had abolished it. She contextualizes these cases of residual slavery from 1750–1850, focusing on two juridical and political watersheds: after the Napoleonic period, when the Italian states (with the exception of the Papal States) adopted constitutions outlawing slavery; and after the Congress of Vienna, when diplomatic relations between the Italian states, France and Great Britain intensified and slavery was condemned in terms that covered only the Atlantic slave trade. By excavating the lives of men and women who remained in slavery after abolition, this book sheds new light on the broader Mediterranean and transatlantic dimensions of slavery in the Italian states. Giulia Bonazza is currently a post-doctoral researcher on the international project Documenting Africans in Trans-Atlantic Slavery (CIRESC-CNRS Paris). Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Undocumented youth activists are at the forefront of the present-day immigrant rights movement. This is especially true surrounding the activism of the recent SCOTUS decision on DACA issued on June 18, 2020. Professor Kevin Escudero’s book, Organizing While Undocumented: Immigrant Youth’s Political Activism Under the Law (New York University Press, 2020), depicts just how undocumented immigrant youth have utilized their identities for political action between 2010-2019. By developing what he calls the “Identity Mobilization Model,” Escudero studies the intersectional collective identity formation of undocumented immigrant communities by focusing on how micro-level processes interact with macro-level legal structures. Escudero uses intimate narrative accounts of individual experiences, community gatherings, and organizer meetings to show how undocumented immigrant youth activists emphasized the heterogeneity of the movement while also forming coalitions with other movements. Escudero drew on ethnographic participant observation and fifty-one in-depth interviews with undocumented youth activists in San Francisco, Chicago, and New York. The book covers three subgroups within the immigrant rights movement: undocumented Asian activists, undocumented queer activists, and formerly undocumented activists. Each chapter focuses on one of the three subgroups and details how the subgroup shared community knowledge, how they leveraged their intersectional movement identity, and what he observed as high-stakes allyship. Organizing While Undocumented shows how undocumented immigrants “have organized powerful countermobilizations to resist the stigma of illegality”. Further, Escudero carefully describes how undocumented youth form an oppositional consciousness informed by articulations of nuanced historical narratives and their participation in the immigrant rights movement. Overall, Organizing While Undocumented is in direct conversation with academic discussions of migrant illegality, social movement activism, and intersectionality. This book should be read by scholars interested in those fields as well as activists and allies of the immigrant rights movement. Jonathan Cortez is a Ph.D. candidate of American Studies at Brown University. They are a historian of 20th-century issues of race, labor, (im)migration, surveillance, space, relational Ethnic Studies, and Latinx Studies. Their research focuses on the rise of federally-funded encampments (i.e., the concentration of populations) from the advent of the New Deal until post-WWII era. Their dissertation, “The Age of Encampment: Race, Surveillance, and the Power of Spatial Scripts, 1933-1950” reveals underlying continuities between the presence of threatening bodies and the increasing surveillance of these bodies in camps throughout the United States. Jonathan is currently a Ford Predoctoral Fellow as well as a curatorial assistant at the Smithsonian National Museum of American History. You can follow Jonathan on Twitter @joncortz and on their personal website www.historiancortez.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities. Taking a long historical perspective, the book compares the political trajectory in the three regions from the 1970s until the present. Key political events are analyzed for their strategies, tactics, success and lessons learned. An assessment is made as to how these significant political events have informed the key actor’s struggles for democracy, and also the wider democracy trajectory. Crucially, by drawing on key events, Andreas Fulda demonstrates how the Chinese Communist Party uses “sharp power” to penetrate the political and information environments in Western democracies, and manipulate debate and suppress dissenters living both inside and outside China – with the intent of strengthening its own political position. The book explores the effectiveness and consequences of this sharp power, and the rise of the security state within mainland China. The book makes an argument that this policy has been counterproductive in Taiwan and Hong Kong, where sharp power practices have stimulated the growth of civil society, campaigns for democracy and the flourishing of religion. Fulda’s book makes an essential and timely contribution. It is wonderfully written and absorbing; a must read for anyone seeking to understand political events in the region, and China’s rise to prominence in the world. Follow Andreas Fulda on twitter @AMFChina . Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Juries are a cornerstone of the criminal trial, but what happens when the jury engages in its own kind of mischief? In this book, Jeremy Gans delves into the case of R v Young, where a newly married couple was murdered in cold blood. At trial, some jurors turned to a Ouija board for guidance. One of the appeal judges, Sir Ronald Waterhouse described the case as ‘the most bizarre appeal that I sat on… The whole episode had the flavour of a television play rather than a real-life (and very grave) criminal trial.’ These seemingly salacious details conceal deeper issues encountered by jurors, and the criminal justice system at large. What are the ramifications of requiring twelve lay people to bear the burden of decision making in the criminal process? How can we, and should be trust juror deliberations? What should be the consequences if things go wrong? In The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System (Waterside Press, 2017), Gans considers these, and other issues which challenge the modern day criminal trial. He asks for compassion for jurors, but restores faith in the system and the institution. While being an informative text on the criminal law and its processes, it is also a gripping read that will leave you wanting to know more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did an authoritarian regime help lay the cornerstones of human rights and international law? Soviet Judgement at Nuremberg: A New History of the International Military Tribunal (Oxford University Press, 2020) argues that Anglo-American dominated histories capture the moment while missing the story. Drawing upon secret archives open for a few brief years during Russia’s liberalization, Francine Hirsch takes readers behind the scenes to private parties and late-night deliberations where the Nuremberg Principles took shape. A vital corrective told through the messy and all too human negotiations behind a trial that changed everything and almost never happened. Francine Hirsch is the Vilas Distinguished Achievement Professor of History at University of Wisconsin-Madison. Her first book Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (Cornell UP, 2005) received the Herbert Baxter Adams, Wayne S. Vucinich, and Council for European Studies book prizes. She specializes in Russian and Soviet History, Modern European History, Comparative Empires, Russian-American Engagement, and the History of Human Rights. Ryan Stackhouse is a historian of Europe specializing in modern Germany and political policing under dictatorship. His forthcoming book Enemies of the People: Hitler’s Critics and the Gestapo explores enforcement practices toward different social groups under Nazism. He also cohosts the Third Reich History Podcast and can be reached at [email protected] or @Staxomatix. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring (Sarah Crichton Books, 2019), District Judge Richard M. Gergel asks pertinent questions for the Summer of 2020. How do tragic events awaken white people to the violence of structural racism? What do white people do about it? How do black leaders shape their agendas? Unexampled Courage connects the stories of Isaac Woodard, Harry Truman, and J. Waties Waring to illustrate how one incident fits into the larger history of civil rights. On February 12, 1946, Sergeant Isaac Woodard was discharged from the United States military after serving in World War II. While traveling home by bus, Woodard, one of the 900,000 African American men to serve in WWII, was pulled off the bus and arrested for speaking disrespectfully to the white bus driver. While in the custody of police in Batesburg, South Carolina, Sergeant Woodard was beaten and blinded. Viewed in isolation, the blinding of Isaac Woodard appears to be one of many incidents of police brutality against African Americans but Gergel describes how this particular case – publicized widely by the NAACP Legal Defense Fund, the black press, and Orson Welles – reached President Harry Truman and set off a chain of events impacting 20th century American civil rights. In this extensively researched book, Gergel details how the mistreatment of Isaac Woodard shocked President Truman into creating a presidential commission on civil rights “To Secure These Rights” and ordering the Justice Department to prosecute Lynwood Shull, the chief of police in Batesburg. Shull was tried in South Carolina with Judge J. Waties Waring presiding – and found not guilty by an all-white jury. The verdict surprised and outraged Judge Waring who moved to confront racism – his own and that of the institutions that he supported. Moving forward, he ruled against racial segregation in Briggs v. Elliott (1952) and his decision helped lay the foundation for Brown v. Board of Education of Topeka (1954) and the legal precedent that separate but equal is “inherently unequal.” The book highlights how black Americans who fought for civil rights risked their livelihood, bodies, and lives while whites like Truman and Waring negotiated social disapproval, political backlash, and – sometimes – violence. Although the focus is on the white men who “awaken,” he demonstrates the importance of Thurgood Marshall and the NAACP leadership in addressing how institutional inconsistencies (e.g. Department of Justice, FBI, jury procedures, racist law enforcement) produced a bystander government. In the podcast, Judge Gergel connects this mid-century civil rights history to the death of George Floyd, the inability of Congress to pass the Emmett Till Antilynching Act in June 2020, and the challenges of legal reform that remain. He also reveals that the book will be the subject of a public television documentary. Adam Liebell-McLean assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What kind of discrimination do Black women face in the legal profession? Tsedale Melaku explores this question and more in her new book: You Don’t Look Like a Lawyer: Black Women and Systemic Gendered Racism (Rowman & Littlefield, 2019). Using in-depth interviews with Black women about their lived experiences working in elite law firms, Melaku explores topics including double burden, system gendered racism, and color-blind ideology. She also pushes our thinking further about these issues through discovery of issues including the invisible labor clause and inclusion tax. Her respondents elaborate on their experiences of having their appearances and positions continually scrutinized, leading to hypervisibility and invisibility. Melaku also explores women’s experiences of isolation, exclusion, and ultimately attrition through daily experiences as well as through important relationships within professional networks. This book will be of interest to many readers inside and outside of Sociology. Scholars of race, gender, and work will find this to be an important reading for their own work and a critical addition to their classrooms. Anyone working in professional institutions could benefit from reading the experiences of these women and Melaku’s clear and thorough analysis of next steps and take-aways. Sarah E. Patterson is a postdoctoral fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present. Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Goodman will cover how the history of deportation is linked with the development of federal power, state coercion, and activist resistance for due process. We also discuss the connections between the deportation machine and the contemporary debate on the prison-industrial complex, anti-immigrant prejudice, and demands for police reform. Far beyond the harsh realities of deportation, this book shows us how the politics of expulsion sought to define who truly belonged in America. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework. Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework. People’s Tribunals can be part of broader social movements which attempt to bring reconciliation and some sought of healing for past atrocities. The book will be of interest to anyone interested in human rights, international criminal law, environmental justice, transnational justice and international relations. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode, Siobhan talks with Robert T. Chase about his book, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America (UNC Press, 2020). In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as “slaves of the state” and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today. Chase is Associate Professor of History at Stony Brook University This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia. In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison. We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists. Dr. Dean also introduces the Human Trafficking Policy Index - her new, innovative tool for measuring the scope of human trafficking policy. Diana Dukhanova is Visiting Assistant Professor of Russian at the College of the Holy Cross in Worcester, MA. Her work focuses on religion and sexuality in Russian cultural history, and she is currently working on a monograph about Russian religious philosopher Vasily Rozanov. Diana tweets about contemporary events in the Russian religious landscape at https://twitter.com/RussRLGNWatch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Americans think about trials of Holocaust perpetrators, they generally think of the Nuremberg Trials or the trial of Adolf Eichmann or perhaps of the Frankfort trials of perpetrators from Auschwitz. If they think of Polish trials at all, they likely assume these were show trials driven by political goals rather than an interest in justice. Gabriel Finder and Alexander Prusin's book Justice behind the Iron Curtain: Nazis on Trial in Communist Poland (University of Toronto Press, 2018) shows that the truth was considerably more nuanced. The book is a comprehensive account of the trials of Nazi perpetrators conducted in liberated and postwar Poland. But it’s more than that—it’s a reflection on how politics impact justice, on what trials can teach us about perpetrator behavior, and on the ways in which ordinary Poles responded to the Holocaust. Finder and Prusin show that the trials were shaped by their political context. But this context allowed and sometimes encouraged the participation of a variety of actors and for a careful and thorough examination of documentary evidence and the testimony of survivors. As a result, the trials were largely successful in achieving a kind of justice, as imperfect as that might be. Prusin died shortly before the book was published. This interview is dedicated to his memory. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Legislative Development in Africa: Politics and Postcolonial Legacies (Cambridge University Press, 2019) examines the development of African legislatures from their colonial origins through independence, autocracy and the transition to multi-party rule. In it, Ken Ochieng’ Opalo seeks to explain the different trajectories that African legislatures have taken, why some have become stronger than others, and what are the conditions that allow for democratic institutions to emerge from an autocratic system. The book combines a broad historical analysis of legislatures throughout Africa with the comparative case studies of Kenya and Zambia. It employs both quantitative and qualitative data to support the argument that despite the limitations imposed by autocratic rulers, the seeds for the development of strong legislatures can be planted during periods of non-democratic rule. The author presents a dynamic and well-argued model for the study of legislatures in post-colonial states, and argues for a more nuanced and historically-grounded analysis of institutional development in Africa and beyond. Esperanza Brizuela-Garcia is Associate Professor of History at Montclair State University. She specializes in modern intellectual history of Africa, historiography, World history and Philosophy of History. She is the co-author of African Histories: New Sources and New Techniques for Studying African Pasts (Pearson, 2011). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Staged: Show Trials, Political Theater, and the Aesthetics of Judgment (Columbia University Press, 2020), Minou Arjomand provides a startling account of the many intersections between theatre and trials in Germany and the United States from the 1930s to the 1960s. Through case studies of Hannah Arendt, Bertolt Brecht, and Edwin Piscator, Arjomand explores the use of trials as a theatrical form, as well as what theatre theory might tell us about political justice. In doing so, Arjomand demonstrates that calling a trail theatrical is not a criticism but merely a starting point. In considering what type of justice is possible in a trial, we must ask what theatrical conventions are being used, and to what ends. Arjomand’s book both allows us to see pivotal theatrical artists in a new light and poses profound questions about the nature of theatre itself. Andy Boyd is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recent calls for the defunding or abolition of police raise important questions about the legitimacy of state violence and the functions that police are supposed to serve. Criticism of the militarization of police, concerns about the rise of the private security industry, and the long-standing belief that policing should be controlled by municipal governments suggest that police should be civilians who defend the public interest, and that they should be accountable to the communities that they serve. In Violence Work: State Violence and the Limits of Police (Duke University Press, 2018), Micol Seigel exposes the mythical nature of the civilian/military, public/private, and local/national/international boundaries that supposedly delimit the legitimate sphere of policing in a liberal democratic society. Focusing on the employees of the Office of Public Safety, a branch of the State Department that provided technical assistance to police forces in developing countries from 1962 until it was closed amid controversy over its role in aiding despotic governments in 1974, Seigel follows their careers as these violence workers put their knowledge of counter-insurgency to use in US police forces, pursued opportunities working for private security firms protecting the oil industry in places like Alaska and Saudi Arabia, and worked alongside military officers in aid missions to Cold War hotspots in the Global South. As she follows the careers of the policemen, she demonstrates that civilian policing has been militarized from the beginning, that capitalist production relies on state violence to discipline workers and dispossess groups who stand in the way of resource extraction, and that violence workers are rarely accountable to the people they supposedly serve. Violence Work is critical reading for anyone who is interested in rethinking the functions that police should perform in a democratic society. It also weakens the legitimacy of state-sanctioned violence by calling commonly-held ideological distinctions into question. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We are all familiar with the story of how in early 1919 heads of state and diplomats from around the world came to Paris to negotiate a peace settlement with a defeated Germany and its allies. Many of us are aware of how nationalists such as Nguyễn Ái Quốc, the future Hồ Chí Minh, tried to gain access to the official meetings. But far fewer of us know of the roles played of activist women such as the French Marguerite de Witt Schlumberger, the African American Ida Gibbs Hunt, and the Chinese Soumay Tcheng. In her new book Peace on Our Terms: The Global Battle for Women’s Rights After the First World (Columbia University Press, 2020), Professor Mona L. Siegel explores the previously neglected history of a diverse group of women from around the world who fought for women’s rights as male politicians forged a new world order. Written like a true global history, Peace on Our Terms links the meeting rooms of Paris to street demonstrations in Cairo to the revolutionary underworld of Shanghai. Not only does Siegel gender the history of 1919, but she also offers a serious critique of traditional narratives of the American women’s movement by bringing in issues of race and class. Based on her research in archives in several countries on both sides of the Atlantic, Siegel explores troves of previously untouched documents. This is a scholarly work written in a style accessible for a general audience. Mona L. Siegel of Sacramento State University earned her PhD at the University of Wisconsin, Madison. In 2004, she published The Moral Disarmament of France: Education, Pacifism, and Patriotism, 1914-1940 with Cambridge University Press. In addition to awards from the Peace History Society and the History of Education Society, Siegel received grants from the National Endowment for the Humanities for research on feminist activism and peace negotiations after World War One. Michael G. Vann is a professor of world history at California State University, Sacramento. A specialist in imperialism and the Cold War in Southeast Asia, he is the author of The Great Hanoi Rat Hunt: Empires, Disease, and Modernity in French Colonial Vietnam (Oxford, 2018). When he’s not quietly reading or happily talking about new books with smart people, Mike can be found surfing in Santa Cruz, California. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Borderline Citizens: The United States, Puerto Rico, and the Politics of Colonial Migration (Cornell University Press 2018), Robert C. McGreevey explores the contested meaning and limits of citizenship for Puerto Ricans from the late nineteenth century to the late 1930s. This timely monograph brings together legal, cultural, and labour history to understand the complicated ways that Puerto Ricans on the island and on the US mainland challenged racialized notions of fitness for citizenship. The narrative that results from such an approach presents US power as a dynamic, contested, and transnational. This monograph suggests the deep historical resonances between the early history of US formal control of the island and the contemporary second-class status of Puerto Rico in the aftermath of Hurricane Maria. McGreevey’s monograph will interest scholars of the United States in the world, legal historians, historians of Latin America, and historians of migration. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at [email protected] and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Paige Glotzer is the author of How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960, published by Columbia University Press in 2020. How the Suburbs Were Segregated examines the history surrounding how modern housing segregation was purposefully planned out beginning at the turn of the 20th Century. Looking at the intersection of transnational finance, suburban developers, and local, regional, and federal policymaking, Glotzer illustrates the myriad of people and institutions involved in simultaneously creating the idea of the modern suburb and racializing housing. Paige Glotzer is an Assistant Professor of history and John W. and Jeanne M. Rowe Chair in the History of American Politics, Institutions, and Political Economy at the University of Wisconsin-Madison. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robert Nichols, an associate professor of political theory at the University of Minnesota, has written an engaging and important examination of the clash between the western theoretical approaches to the idea of property and possession and the understanding of land property and possession held by indigenous peoples in a variety of societies settled by Anglophone colonizers. Theft Is Property!: Dispossession and Critical Theory (Duke University Press, 2019) pulls together or bridges intellectual traditions, bringing indigenous political thought into conversation with critical theory and Anglo social contract theory, centering on the different understandings of property, ownership, and possession. Nichols weaves together a variety of different ways of thinking about the questions of property and possession, examining the language that is applied to the concept of property and how this also defines our understanding of possession and dispossession as well as the dichotomous ideas of property and theft. He also traces the early modern concepts of property and contract and the contemporary legal arguments that have been made to claim land and property from indigenous peoples. Folded into these discussions is a richly delineated argument that lays out the tension inherent in the idea of property, and how this idea was transformed within the context of the European intellectual tradition, and how critical theory subsequently problematized property and possession. Theft is Property! explores the idea of recursive dispossession, which Nichols explains as the situation where “new proprietary relations are generated but under structural conditions that demand their simultaneous negation.” The exploration of this concept—through critical race theory, Marxism, and feminist theory—takes the reader on a journey focusing on the longstanding claims made by indigenous peoples in Australia, New Zealand, Canada, and the United States, and the counteractions and arguments made by Anglo-settler societies, which have generally left indigenous communities essentially dispossessed of both land and rights. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The idea of voting is simple, but the administration of elections in ways that ensure access and integrity is complex. In How We Vote: Innovation in American Elections (Georgetown University Press, 2020), Kathleen Hale and Mitchell Brown explore how election officials work, how ballots are cast and counted, and how jurisdictions try to innovate while also protecting the security of the voting process. Using original data gathered from state and local election officials and policymakers across the United States, Hale and Brown analyze innovations in voter registration, voting options, voter convenience, support for voting in languages other than English, the integrity of the voting process, and voting system technology. The result is a fascinating picture of how we vote now and will vote in the future. Join us to hear them talk about the book and its implications for the 2020 election. 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 Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Beyond Repair? Mayan Women’s Protagonism in the Aftermath of Genocidal Harm (Rutgers University Press, 2019), Alison D. Crosby and M. Brinton Lykes draw on eight years of feminist participatory action research conducted with fifty-four Q’eqchi’, Kaqchikel, Chuj, and Mam women to explore Mayan women’s agency in their search for truth, justice, and reparation for harm suffered during the genocidal violence perpetrated by the Guatemalan state at the height of the thirty-six-year armed conflict. The book discusses the complexities of navigating, negotiating, and interpreting informal and formal justice processes, as participated in and experienced by protagonists, women’s rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries. Jeff Bachman is a senior lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of the United States and Genocide: (Re)Defining the relationship and editor of the volume cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Although much has been written about the anti-abortion movement in the United States, Jennifer Holland (Assistant Professor of U.S. History, University of Oklahoma) has written the first monograph-length history of the pro-life campaign for American hearts and minds. In her book Tiny You: A Western History of the Anti-Abortion Movement (University of California Press, 2020), Holland explores the development of the movement from the legalization of Roe v. Wade in 1973 to the present with a focus on its cultural, social, political, and religious dynamics particularly in the American West, based in part on 28 oral histories collected from its activists and leaders. In this interview, we discuss the evolution of the movement’s rhetoric and tactics, including the manipulation of histories of oppression including slavery and the Holocaust to further anti-abortion campaigns, the cooption of concepts like morality and ethics, the uses of fetal imagery in protests and promotional materials, the achievement of legislative successes including the limitations placed on abortion access since the Bush years, and the personal as political (and vice versa). Ultimately, Holland argues that anti-abortion activists have won the American culture war, and now likely stand poised for ultimate victory in the coming years. Diana Dukhanova is a Visiting Assistant Professor of Slavic Studies at Brown University in Providence, RI. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Scientist Daniel Q. Gillion’s new book, The Loud Minority: Why Protests Matter in American Democracy (Princeton University Press, 2020) is an incredibly topical and important analysis of the connection between protests and the influence this public activism has on the voting electorate. Tracing the idea of the “silent majority” from Richard Nixon’s characterization of his supporters in the 1960s through to contemporary uses of the term in the 2016 campaign by then-candidate Donald Trump, Gillion examines the construction of this binary framework, that there is a silent majority at home and a vocal minority in the streets, making noise; he also argues that the idea of the silent majority might not apply in our current polarized political world. The Loud Minority brings together a variety of disciplinary perspectives to examine protests—weaving together research and analysis from sociology, history, and political science to more fully understand the protests themselves, but to also get at the impacts that protests have, on politicians and elected officials, on donations to campaigns and candidates, on voting behavior, and on policy implementation and shifts in policy directions. Gillion finds that voters are influenced by protests and activism, especially when it happens in close proximity to them. In a way that may be more useful than other information streams, protests provide the electorate with a kind of shorthand that they can then use to connect policy and political actors. Because of the acute partisan polarization within the American political system, protests fit into ideological bends, as Gillion notes in the interview, the protests themselves are linked to one another through the emphasis or policy thrust of the individual protest and the overarching umbrella under which it may be classified. This linkage then becomes a broader scope for voters to use to assess the records of candidates and elected officials on specific concerns. Gillion is exploring the question, throughout the book, of whether protests work and if so, how do they work? The Loud Minority: Why Protests Matter in American Democracy also explains that the answer to the question is not a simple one, necessarily, that the outcome of the protest may not be singular or even initially assessible. This research helps us to understand the potential impact of the many protests we are seeing all around us in the United States (and beyond), while guiding us through the myriad ways that protests act—they are not simple the hours of marching or demonstrating, but the ripples and ramifications of those marches, as the electorate observes and responds, by donating, by voting, by becoming involved in the community, by joining in subsequent protests. Protests are, according to Gillion, “the canaries in the coal mines that warn of future political and electoral change.” Understanding the connection between protests and their influence on the electorate helps us to better understand democracy. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Are we asleep at the (common)wheel? Civil rights attorney and law professor Gilda R. Daniels insists that contemporary voter ID laws, voter deception, voter purges, and disenfranchisement of felons constitute a crisis of democracy – one that should remind us of past poll taxes, grandfather clauses, literacy tests, and physical intimidation – that should spur us to action. Uncounted combines law, history, oral history, and democratic theory to illuminate a 21st century, premediated legal strategy to disenfranchise voters of color. In Uncounted: The Crisis of Voter Suppression (NYU Press, 2020), Daniels establishes the context of 21st-century voter suppression then focuses on the importance of the Voting Rights Act in discouraging voter suppression – and the negative impact of the Supreme Court’s decision in Shelby County v. Holder (2013). She elucidates the types – and impacts – of voter deception with attention to possible impacts on the presidential election in 2020. Throughout the work, she connects past and present to demonstrate the radical impact of voter suppression on voting and this is particularly apparent in the chapters on voter purging and felon disenfranchisement. The podcast includes a fascinating discussion of the impact of COVID-19 on voter suppression – particularly regarding absentee voting. Daniels complements her nuanced analysis of the cycles of voter suppression in America with concrete steps for combatting it urging people to educate, legislate, litigate, and participate. This timely book offers an analysis that is both deep and highly accessible. It is simultaneously a work of scholarship and a practical call to action. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Weimar Republic is well-known for its gay rights movement and recent scholarship has demonstrated some of its contradictory elements. In his recent book entitled The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic (University of Toronto Press, 2020), Javier Semper Vendrell writes the first study to focus on the League for Human Rights and its leader, Friedrich Radszuweit. It uses his position at the center of the Weimar-era gay rights movement to tease out the diverging political strategies and contradictory tactics that distinguished the movement. By examining news articles and opinion pieces, as well as literary texts and photographs in the League’s numerous pulp magazines for homosexuals, Vendrell reconstructs forgotten aspects of the history of same-sex desire and subjectivity. While recognizing the possibilities of liberal rights for sexual freedom during the Weimar Republic, the League’s "respectability politics" failed in part because Radszuweit’s own publications contributed to the idea that homosexual men were considered a threat to youth, doing little to change the views of the many people who believed in homosexual seduction – a homophobic trope that endured well into the twentieth century. Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. It was recently awarded the Waterloo Centre for German Studies Book Prize for 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law