New Books in Law

We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts’ new book Censored: Distraction and Diversion Inside China’s Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet. She identifies 3 types of censorship: fear (threatening punishment to deter the spread or access of information); friction (increasing the time or money necessary to access information); and flooding (publishing information to distract, confuse, or dilute). Roberts shows how China customizes repression by using friction and flooding (censorship that is porous) to deter the majority of citizens whose busy schedules and general lack of interest in politics make it difficult to spend extra time and money accessing information. Highly motivated elites (e.g. journalists, activists) who are willing to spend the extra time and money to overcome the boundaries of both friction and flooding meanwhile may face fear and punishment. The two groups end up with very different information – complicating political coordination between the majority and elites. Roberts’s highly accessible book negotiates two extreme positions (the internet will bring government accountability v. extreme censorship) to provide a more nuanced understanding of digital politics, the politics of repression, and political communication. Even if there is better information available, governments can create friction on distribution or flood the internet with propaganda. Looking at how China manages censorship provides insights not only for other authoritarian governments but also democratic governments. Liberal democracies might not use fear but they can affect access and availability – and they may find themselves (as the United States did in the 2016 presidential election) subject to flooding from external sources. The podcast includes Roberts’ insights on how the Chinese censored information on COVID-19 and the effect that had on the public. Foreign Affairs named Censored one of its Best Books of 2018 and it was also honored with the Goldsmith Award and the Best Book in Human Rights Section and Information Technology and Politics section of the American Political Science Association. 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

In his new book On Trial for Reason: Science, Religion, and Culture in the Galileo Affair (Oxford University Press, 2019), Maurice Finocchiaro shows that there were (and are) really two Galileo “affairs.” Galileo’s original trial and condemnation forms the first affair, the cultural history of controversies about the meaning of the original trial, forms the second. With scrupulous attention to evidence and the argumentation employed by various participants, Dr. Finocchiaro’s book is at once an accessible primer on a key event in the 16th- and 17th-century Scientific Revolution, and a thought provoking look at how the subsequent controversies resonate down to the present day. Aaron Weinacht is Professor of History at the University of Montana Western, in Dillon, MT. He teaches courses on Russian and Soviet History, World History, and Philosophy of History. His research interests include the sociological theorist Philip Rieff and the influence of Russian nihilism on American libertarianism. 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 Muslim American Politics and the Future of US Democracy (New York University Press, 2019), Edward E. Curtis IV interrogates the limitations of American liberalism in light of the states’ and its various actor’s exclusionary politics and rhetoric around Muslim American citizens. Curtis argues that the place of Muslim Americans in the narrative and praxis of American law, politics, rights discourse, and much are, must be questioned. To do so, the book examines various case studies of Muslim American institutions, figures, soldiers, and women who have navigated and negotiated their place within American democracy as citizens. For instance, the Nation of Islam (NOI) is one such case study explored in the book. Curtis considers how the NOI maintained certain forms of American liberalism (i.e., use of law and incurring of capital) while challenging others (i.e., racial and religious logics) as the movement developed. While Malcolm X (El-Hajj Malik El-Shabazz) quintessentially models political dissent against American imperialism precisely because of his Islamic ethics and revolutionary politics. Both in and beyond his involvement in the NOI, Malcolm X’s politics was defined by global pan-African movements, as well as by revolutionary Muslim state leaders like Egypt’s Gamal Abdul Nasser. Using various other such examples, from the ways in which Muslim American women’s bodies were used by the nation state to justify foreign policies and military interventions to the memorialization of fallen Muslim American soldiers by American politicians, Curtis provocatively challenges his readers to content with the exclusionary, problematic, and complex rhetoric of American liberalism’s treatment of Muslim Americans as second-class citizens and Muslim Americans’ responses to this injustice. The book is a must read for scholars interested in American Islam and politics, while chapters of the book can also be accessibly used in courses on contemporary Islam, American Islam, and religion and politics. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloombsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found on here and here. You can follow her on Twitter via @shobhanaxavier Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ahmet T. Kuru’s new book Islam, Authoritarianism and Underdevelopment, A Global and Historical Comparison (Cambridge University Press, 2019) is a ground-breaking history and analysis of the evolution of the state in Muslim countries. Thoroughly researched and accessibly written, Kuru’s work traces the template of the modern-day state in many Muslim-majority countries to fundamental political, social and economic changes in the 11th century. That was when Islamic scholars who until then had by and large refused to surrender their independence to the state were co-opted by Muslim rulers. It was a time when the merchant class lost its economic clout as the Muslim world moved from a mercantile to a feudal economy. Religious and other scholars were often themselves merchants or funded by merchants. The transition coincided with the rise of the military state legitimized by religious scholars who had little choice but to go into its employ. They helped the state develop a forced Sunni Muslim orthodoxy based on text rather than reason- or tradition based interpretation of Islam with the founding of madrassahs or religious seminaries that were designed to counter the rise of Shiite states in North Africa and counter less or unorthodox strands of the faith. Kuru’s history could hardly be more relevant. It lays bare the roots of modern-day, illiberal, authoritarian or autocratic states in the Muslim world that are characterized by some form of often rent-driven state capitalism and frequently expansionary in their effort to ensure regime survival and increase rents. These states feature education systems that fail to develop critical thinking and religious establishments that are subservient to their rulers. Kuru’s book also in effect describes one of the original sources of the civilizational state that has become a fixture in the struggle to shape a new world order. With his book, Kuru has made an invaluable contribution to the understanding of the stagnation as well as the turmoil that has swept the Middle East and North Africa as well as the wider Islamic world. James M. Dorsey is a senior fellow at Nanyang Technological University S. Rajaratnam School of International Studies and the National University of Singapore’s Middle East Institute. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What do prisoner laborers, graduate students, welfare workers, and college athletes have in common? According to sociologist Erin Hatton, they are all part of a growing workforce of coerced laborers. Coerced: Work Under Threat of Punishment (University of California Press, 2020) explores this world of coerced labor through an unexpected and compelling comparison of these four groups of workers, for whom a different definition of "employment" reigns supreme—one where workplace protections do not apply and employers wield expansive punitive power, far beyond the ability to hire and fire. Because such arrangements are common across the economy, Hatton argues that coercion—as well as precarity—is a defining feature of work in America today. Theoretically forceful yet vivid and gripping to read, Coerced compels the reader to reevaluate contemporary dynamics of work, pushing beyond concepts like "career" and "gig work." Through this bold analysis, Hatton offers a trenchant window into this world of work from the perspective of those who toil within it—and who are developing the tools needed to push back against it. In this interview, Hatton and I discuss how she chose her unique cases for the book (graduate students, inmates, workfare workers, and college athletes), coercion related to status, agency and resistance, and the often harsh, punitive power of work supervisors and employers. I recommend this book for students, professors, and anyone else interested in labor, social stratification, qualitative methods, and culture. Erin Hatton, PhD, is an associate professor in the SUNY Buffalo Department of Sociology. Professor Hatton’s research focuses on work and political economy, while also extending into the fields of social inequality, labor, law and social policy. You can find her on Twitter at @eehatton. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. 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 newly released book City of Refuge: Slavery and Petit Marronage in the Great Dismal Swamp, 1763-1856 (University of Georgia Press, 2020), Professor Marcus P. Nevius (Assistant Professor of History and Africana Studies at the University of Rhode Island) tells the interrelated histories of petit marronage, an informal slave's economy, and the construction of internal improvements in the Great Dismal Swamp of Virginia and North Carolina. The vast wetland was tough terrain that most white Virginians and North Carolinians considered uninhabitable. Perceived desolation notwithstanding, black slaves fled into the swamp's remote sectors and engaged in petit marronage, a type of escape and fugitivity prevalent throughout the Atlantic world. An alternative to the dangers of flight by way of the Underground Railroad, maroon communities often neighbored slave-labor camps, the latter located on the swamp's periphery and operated by the Dismal Swamp Land Company and other companies that employed slave labor to facilitate the extraction of the Dismal's natural resources. Often with the tacit acceptance of white company agents, company slaves engaged in various exchanges of goods and provisions with maroons-networks that padded company accounts even as they helped to sustain maroon colonies and communities. In his examination of life, commerce, and social activity in the Great Dismal Swamp, Nevius engages the historiographies of slave resistance and abolitionism in the early American republic. City of Refuge uses a wide variety of primary sources-including runaway advertisements; planters' and merchants' records, inventories, letterbooks, and correspondence; abolitionist pamphlets and broadsides; county free black registries; and the records and inventories of private companies-to examine how American maroons, enslaved canal laborers, white company agents, and commission merchants shaped, and were shaped by, race and slavery in an important region in the history of the late Atlantic world. Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth-century African American women’s history and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte! 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 dazzling new book The Aliites: Race and Law in the Religions of Noble Drew Ali (University of Chicago Press, 2019), Spencer Dew treats his readers to a riveting and often counterintuitive account of the interaction of law, race, and citizenship in the discourses of the Moorish Science Temple and other movements inspired by Noble Drew Ali. How do theological visions of democracy serve as critiques of racism and exclusionary politics? In what ways does a notion of sovereignty as located in faith and outside history mobilize popular sovereignty to critique modern state sovereignty? What are the complicated mechanisms through which legal institutions, texts, and theaters are engaged and negotiated to make space for a notion of citizenship grounded in the entanglement of law, love, and social transformation? These are among the central questions that animate this sparkling study, situated at the intersection of legal studies, African American Religion, and American Islam. Lucidly composed, theoretically charged, and discursively playful, The Aliites is sure to transform the way we look at Noble Drew Ali and his profound and complex legacy. This book will also generate important and productive conversations in various undergraduate and graduate seminars on American Islam, American Religion, Political Studies, History, and Law. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at [email protected]. Listener feedback is 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 Socially Undocumented: Identity and Immigration Justice (Oxford University Press, 2020), Amy Reed-Sandoval reframes the question of immigration justice by focusing on the historical development and lived experiences of socially undocumented identity. Drawing on ethnography, phenomenological analysis, storytelling, and a non-ideal theory approach, she tracks the development of racialized, class-based, and gendered elements of socially undocumented identity and the unjust constraints that target this identity. She looks at concrete steps for how to address socially undocumented oppression, not just at the level of immigration policy, but also through the work of non-state actors and the socially undocumented themselves. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today Dennis Baron talks about his new book What's Your Pronoun?: Beyond He & She (Liveright, 2020). Baron is professor emeritus in English at the University of Illinois Urbana-Champaign and has written many books about language and its connection to culture. What’s Your Pronoun addresses an important cultural question about women’s rights and the rights and identities of non-binary people, and reveals how we got from he and she to zie, hir, and singular they. Pronouns have sparked a national (and international) debate, prompting new policies about what pronouns to use in schools, workplaces and even prisons. Baron describes the historical context of singular they, how the use of generic he was both used to assert women’s suffrage and to deny it, and the use of neo-pronouns throughout the centuries. What’s Your Pronoun? chronicles the role that pronouns play in establishing our rights and identities. Indeed, the relevance of the question “what’s your pronoun” throughout English’s history may surprise you. Carrie Gillon is a linguist, editor and writing coach, working in the academic and healthcare sectors. She’s the author of The Semantics of Determiners (Cambridge Scholars Publishing, 2103) and the co-author of Nominal Contact in Michif (Oxford University Press, 2018). She is also the co-host of the podcast The Vocal Fries, a biweekly podcast about linguistic discrimination (or why judging language is not OK). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office (Farrar, Straus, and Giroux, 2020) guides the reader through both historical and contemporary considerations of how the American presidency was originally structured and how it has evolved over more than 200 years. This fascinating examination of the presidency starts with the oath of office, as outlined in the Constitution, and explains how Donald Trump, from the very moment he became the 45th president of the United States, was at odds with the constitutional system designed in 1787. Susan Hennessey and Benjamin Wittes, respectively executive editor and editor in chief of Lawfare and both senior fellows at The Brookings Institution, detail the historical basis for what they and many scholars refer to as the “traditional” presidency. This concept of the traditional presidency—which contains both the formal powers of the presidency as outlined in the Constitution as well as the norms and traditions that have taken root within the office over the course of American history—is being replaced, according to Hennessey and Wittes, by the “expressive” presidency. The expressive presidency presents a distinctly different vision of the office itself and essentially replaces the process through which presidential actions are taken and decisions are made with a much more personal approach to the office and the way that it functions. Hennessey and Wittes explain that this reinterpretation of the presidency conflates the person and the office, combining the two in ways that rely much more on the president’s personality and far less on the role of the office within the constitutional system. While the American presidency was unique in the way it combined the role of symbolic head of state and political leader, the transformation of the office by President Donald Trump has, essentially, unmade structural aspects of the office that held these two roles as separate and distinct. As most scholars and students of the presidency know, the office itself has changed in many ways over the course of 45 presidents and more than 200 years. The authors acknowledge this evolution of the office itself and the way that the president’s personality has become more integral to the office, but Unmaking the Presidency argues that the Trump presidency has potentially taken the office off of its constitutional underpinning, and through a variety of norm disruptions and structural changes, has essentially “unmade” the office. Whether it remains on this trajectory or returns to its previous position in some form is dependent on the outcome of the 2020 election. 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). 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 Robot Rules: Regulating Artificial Intelligence (Palgrave Macmillan, 2018), Jacob Turner explains why AI is unique, what legal and ethical problems it could cause, and how we can address them. It argues that AI is unlike is any other previous technology, owing to its ability to take decisions independently and unpredictably. This gives rise to three issues: responsibility―who is liable if AI causes harm; rights―the disputed moral and pragmatic grounds for granting AI legal personality; and the ethics surrounding the decision-making of AI. The book suggests that in order to address these questions we need to develop new institutions and regulations on a cross-industry and international level. Incorporating clear explanations of complex topics, Robot Rules will appeal to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In eighteenth-century New Orleans, the legal testimony of some 150 enslaved women and men--like the testimony of free colonists--was meticulously recorded and preserved. Questioned in criminal trials as defendants, victims, and witnesses about attacks, murders, robberies, and escapes, they answered with stories about themselves, stories that rebutted the premise on which slavery was founded. Focusing on four especially dramatic court cases, Voices of the Enslaved: Love, Labor, and Longing in French Louisiana (UNC Press, 2019) draws us into Louisiana’s courtrooms, prisons, courtyards, plantations, bayous, and convents to understand how the enslaved viewed and experienced their worlds. As they testified, these individuals charted their movement between West African, indigenous, and colonial cultures; they pronounced their moral and religious values; and they registered their responses to labor, to violence, and, above all, to the intimate romantic and familial bonds they sought to create and protect. Their words--punctuated by the cadences of Creole and rich with metaphor--produced riveting autobiographical narratives as they veered from the questions posed by interrogators. Carefully assessing what we can discover, what we might guess, and what has been lost forever, Sophie White offers both a richly textured account of slavery in French Louisiana and a powerful meditation on the limits and possibilities of the archive. Sophie White is Associate Professor of American Studies and Concurrent Associate Professor in the Departments of Africana Studies, History, and Gender Studies at the University of Notre Dame. She is an historian of early America with an interdisciplinary focus on cultural encounters between Europeans, Africans and Native Americans, and a commitment to Atlantic and global research perspectives. 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

Sarah Burns’ new book The Politics of War Powers: The Theory and History of Presidential Unilateralism (University Press of Kansas, 2020) pulls together distinct threads in analyzing the theoretical framing of presidential power in the American constitutional system and then tracing that power through forty-five presidents. Burns begins by assessing Locke’s impact on the constitutional design of the presidency and then turning her attention to the more substantial contributions made by Montesquieu, since Montesquieu had an equally sizeable impact on the Founders and their thinking about this office. There were great tensions at the time of the Founding about the powers that the president has in pursuing war and military engagements. The Politics of War Powers pays close attention to the distinctions made in the Constitution between the role of the legislature in declaring war, and the role of the president in prosecuting war. This is the foundation for Burns’ analysis of presidential implementation of these powers over the course of more than 200 years, and she carefully examines these theoretical foundations, devoting the first third of The Politics of War Powers to unpacking and discussing the competing views of this important and, at times, suspect, power. Following from this theoretical basis, The Politics of War Powers dives into deeply researched explorations of not only the presidents themselves and how they thought about and used their war powers, but also how and where Congress acted and responded. This dimension of the analysis is particularly important to consider, and Burns sketches the ways in which the early Congress exerted its authority and constitutional role in regard to war and the war powers embedded in the Constitution. She then goes on to explore the tension between the executive and the legislature over the course of a number of military engagements that pressed on these competing capacities. The final section of the book outlines the ways in which presidential war powers have grown substantially and the legal reasoning that has grown up around these powers as Congress has stepped back from its own role in regard to war powers. In many ways, The Politics of War Powers is as much about congressional engagement or abdication in its constitutional role as it is about the expansion of presidential power. The delicate balance between the branches has shifted rather substantially, according to Burns’ analysis, and The Politics of War Powers draws out the ways in which this balance has shifted over the course of American history and political development. 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). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does an American political progressive in the 21st Century have in common with a pagan of ancient Rome? More than you may think, according to law professor, Steven D. Smith. In his important, provocative new book, Pagans and Christians in the City Culture Wars from the Tiber to the Potomac (Eerdmans, 2018), Smith shows that traditionalist Christians who oppose same-sex marriage and similar cultural developments feel themselves besieged by a triumphalist progressivism that increasingly is adopting a “we won, they lost” view of where society and public opinion now stand on issues such as abortion and euthanasia and that has little use for what it regards as passé notions about religious liberty. Where do we stand when it comes to working out some kind of sociocultural modus vivendi between the diametrically opposed camps of modern paganism and Christianity (and not even, in many cases, the traditionalist version)? Smith provides us with the historical background we need to understand where everyone involved is, so to speak, coming from. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Though the story of emancipation is well known in American history, the roles of many of the key figures involved in it are often overlooked. Among them is James Mitchell Ashley, the Ohio congressman who shepherded the Thirteenth Amendment through the House of Representatives. In The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction (Cambridge University Press, 2018), Rebecca E. Zietlow recounts the intellectual development of Ashley as an abolitionist and how he sought to turn freedom into a reality for millions of African Americans. As Zietlow explains, an important strain in Ashley’s thinking was his commitment to the free labor ideas prominent in the Democratic Party in the antebellum era. As a committed abolitionist, he played a prominent role in the emergence of the Republican Party in Ohio in the 1850s culminating in his election to Congress in 1858. As a representative during one of the critical period in the nation’s history, Ashley was at the forefront of Congress’ response to the issue of slavery during the Civil War, working not just to pass the amendment that ended the “peculiar institution” but to craft legislation designed to ensure that the freedom won by African Americans was real and not undermined by the unreconstructed Southern governments in power in the immediate aftermath of the Civil War. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

No contemporary figure is more demonized than the Islamist foreign fighter who wages jihad around the world. Spreading violence, disregarding national borders, and rejecting secular norms, so-called jihadists seem opposed to universalism itself. But in a radical departure from conventional efforts to explain and solve the “problem” of jihad, The Universal Enemy: Jihad, Empire, and the Challenge of Solidarity (Stanford University Press, 2020) begins with the assertion that transnational jihadists are in fact engaged in their own form of universalism: armed transnational solidarity under conditions of American empire. Drawing on 15 years of interviews and research conducted in Arabic, Bosnian/ Serbian/ Croatian, Urdu, French, and Italian, and following the stories of former fighters across the Middle East, the Balkans, the United States, and Europe, anthropologist and attorney Darryl Li uses the lens of universalism to revisit the pivotal post-Cold War moment when ethnic cleansing in the Balkans dominated global headlines. Highlighting Bosnia-Herzegovina as a battleground of multiple universalisms—socialist Non-Alignment, United Nations peacekeeping, humanitarian intervention, the War On Terror, and the transnational jihads that posed an alternative to American governance—Li urges us to consider what grants claims to universalism their authority and allure. A historical ethnography from below whose protagonists move between and beneath governments, The Universal Enemy explores the relationship between jihad and American empire, thereby shedding critical light on both. Darryl Li, Assistant Professor of Anthropology and Social Sciences and Lecturer in Law at the University of Chicago, is an anthropologist and attorney working at the intersection of war, law, migration, empire, and race with a focus on transregional linkages between the Middle East, South Asia, and the Balkans. Li has participated in litigation arising from the "War on Terror" as party counsel, amicus, or expert witness, including in Guantánamo habeas, Alien Tort, material support, denaturalization, immigration detention, and asylum proceedings. He is a member of the New York and Illinois bars. Bhoomika Joshi is a doctoral candidate in the department of Anthropology at Yale University. Nancy Ko is a doctoral student in History at Columbia University, where she examines Jewish philanthropy and racialization in the late- and post-Ottoman Middle East from a global and comparative perspective. She 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

We are in the midst of a robot invasion, as devices of different configurations and capabilities slowly but surely come to take up increasingly important positions in everyday social reality―self-driving vehicles, recommendation algorithms, machine learning decision making systems, and social robots of various forms and functions. Although considerable attention has already been devoted to the subject of robots and responsibility, the question concerning the social status of these artifacts has been largely overlooked. In Robot Rights (MIT Press, 2018), David Gunkel offers a provocative attempt to think about what has been previously regarded as unthinkable: whether and to what extent robots and other technological artifacts of our own making can and should have any claim to moral and legal standing. In his analysis, Gunkel invokes the philosophical distinction (developed by David Hume) between “is” and “ought” in order to evaluate and analyze the different arguments regarding the question of robot rights. In the course of his examination, Gunkel finds that none of the existing positions or proposals hold up under scrutiny. In response to this, he then offers an innovative alternative proposal that effectively flips the script on the is/ought problem by introducing another, altogether different way to conceptualize the social situation of robots and the opportunities and challenges they present to existing moral and legal systems. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its aftermath. Jeff Bachman is a 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

How does the world of book reviews work? In Inside the Critics’ Circle: Book Reviewing in Uncertain Times (Princeton University Press, 2020), Phillipa Chong, assistant professor in sociology at McMaster University, provides a unique sociological analysis of how critics confront the different types of uncertainty associated with their practice. The book explores how reviewers get matched to books, the ethics and etiquette of negative reviews and ‘punching up’, along with professional identities and the future of criticism. The book is packed with interview material, coupled with accessible and easy to follow theoretical interventions, creating a text that will be of interest to social sciences, humanities, and general readers alike. 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 intimidatingly brilliant new book Law and Politics Under the Abbasids: An Intellectual Portrait of al-Juwayni (Cambridge University Press, 2019), Sohaira Siddiqui conducts a masterful analysis of how conditions of political change and fragmentation generate intellectual debates and fermentation on the often-conflictual interaction of certainty, continuity, and community in Muslim thought and practice. Focused on the thought and career of the prominent 11th-century Muslim scholar al-Juwayni (d. 1085), Siddiqui examines the hermeneutical choices, operations, and conundrums that go into the negotiation of epistemic certainty in the realms of law and theology with the imperative of historical change and dynamism. The distinguishing hallmark of this book is the way it conducts a thoroughly interdisciplinary examination of early Muslim intellectual thought by putting Islamic law, theology, and politics into a productive and rather profound conversation. The outcome is a study that combines philological prowess, analytical sophistication, and astonishing lucidity. Sure to spark important conversations in Islamic Studies and beyond, this book deserves to be taught in wide ranging undergraduate and graduate seminars as well. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at [email protected]. Listener feedback is 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

Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic (University of Alabama Press, 2020) traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children. Erika Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies. This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina. Adam McNeil is a 2nd-year Ph.D. Student in History at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court’s Brown v. Board of Education decision. In Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement (NewSouth Books, 2020), Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and poverty today. Suitts deftly reveals the risk that America and its underprivileged youth face as school voucher programs funnel public funds into predominantly white and often wealthy private schools and charter schools 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

The State of Indiana denies one million applications for healthcare, foodstamps and cash benefits in three years―because a new computer system interprets any mistake as “failure to cooperate.” In Los Angeles, an algorithm calculates the comparative vulnerability of tens of thousands of homeless people in order to prioritize them for an inadequate pool of housing resources. In Pittsburgh, a child welfare agency uses a statistical model to try to predict which children might be future victims of abuse or neglect. Since the dawn of the digital age, decision-making in finance, employment, politics, health and human services has undergone revolutionary change. Today, automated systems―rather than humans―control which neighborhoods get policed, which families attain needed resources, and who is investigated for fraud. While we all live under this new regime of data, the most invasive and punitive systems are aimed at the poor. In Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (St. Martin's, 2018), Virginia Eubanks systematically investigates the impacts of data mining, policy algorithms, and predictive risk models on poor and working-class people in America. The book is full of heart-wrenching and eye-opening stories, from a woman in Indiana whose benefits are literally cut off as she lays dying to a family in Pennsylvania in daily fear of losing their daughter because they fit a certain statistical profile. The U.S. has always used its most cutting-edge science and technology to contain, investigate, discipline and punish the destitute. Like the county poorhouse and scientific charity before them, digital tracking and automated decision-making hide poverty from the middle-class public and give the nation the ethical distance it needs to make inhumane choices: which families get food and which starve, who has housing and who remains homeless, and which families are broken up by the state. In the process, they weaken democracy and betray our most cherished national values. This deeply researched and passionate book could not be more timely. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eric Lomazoff has written a kind of detective novel about the national bank controversy during the early years of the new republic. Lomazoff poses, in the introduction, and at the start of each chapter, the general understanding that many scholars and citizens have about the bank controversy itself and the constitutional decision in McCulloch vs. Maryland. And Lomazoff notes that these contours are generally accurate but that they elide significant components of the controversy that is actually spread out over an extended period of time. Given this more extensive time frame, Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic (University of Chicago Press, 2018) does exactly what the title promises, in compiling different aspects of our understanding of the controversy, and integrating key shifts in the political and economic landscape that also changed parts of the actual controversy itself. Lomazoff takes the reader through the general understanding of the National Bank controversy, untangling different threads of the argument and the changing political and economic dynamics in the United States. Because the bank controversy is often collapsed into the debate over either a strict or broad interpretation of the Necessary and Proper clause of the Constitution, many aspects of American political development are generally pushed into the background—these ignored or obscured aspects of the controversy are the focus of Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic, and rightly so, since they trace a deeper and more complex understanding of changing monetary policy, banking regulation, and congressional and executive fiscal power in the new republic. This is an action-packed discussion of the general understanding of the early American Republic, and the real controversy around the establishment of the national bank. 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 author of The Politics of Military Base Closings: Not in My District (Peter Lang Publishers, 2003). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robin Pickering-Iazzi’s Dead Silent: Life Stories of Girls and Women Killed by the Italian Mafias, 1878-2018 is the first history of its kind in English. An open access ebook, this study literally “unburies” the identities of over two-hundred girls and women who lived in Italy between 1878 and 2018, and were killed by members of the organized crime from different regions of Italy, including the camorra (Naples), Cosa Nostra (Sicily), ’ndrangheta (Calabria), and the United Sacred Crown (Puglia). By providing their background, the circumstances of their deaths, and the often unsatisfactory (if any) legal conclusions of their stories, this impressive counter-archive of the past raises several related questions on the women of Dead Silent. Some played a role within the clan, others were simply mafiosis’ daughters or wives, many had no relationship at all with the mafia and were killed accidentally, others were kidnapped for a ransom, and, finally, some were well known antimafia judges or journalists. How are the women’s individual stories related, as a whole, to the collective issue of the mafia in their communities? How do they become “bodies of evidence” and connect with the “history of the Italian nation”? In which ways does the form of the catalog, which Dead Silent adopts, replace the lack of commemoration and justice? But the most important issue that emerges concerns the study’s open access format: In addition to the broader circulation and availability (and the resulting security issues), what are the other positive effects that open-access can inherently produce? How does this format assert the scholar’s freedom and responsibility in the larger society? Nicoletta Marini-Maio is co-founder and editor of g/s/i-gender/sexuality/italy. Recent scholarly publications center on Italian cinema, particularly the intersections between politics, gender power relations, and collective memory; and auteur cinema. Her current book project is La nazione Winx: coltivare la future consumista/Winx Nation: Grooming the Future Female Consumer, a collaboration with Ellen Nerenberg (forthcoming, Rubbettino, Italy). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law and Self-Knowledge in the Talmud (Cambridge UP, 2018) examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffman Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information, a process that included the rabbis’ willingness to limit their own power. Hoffman examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law. Renee Garfinkel is a clinical psychologist, writer, and Middle East commentator for The Armstrong Williams Show. Write her at [email protected] or tweet @embracingwisdom Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2015, University of Toronto professor Julie MacArthur decided to follow a couple more leads in the search for the long-missing, feared-lost transcript of the trial of legendary Mau Mau leader Dedan KImathi. She found herself amidst the papers of an anti-colonial London lawyer Ralph Millner who assisted the august barrister Dingle Foot in defending Kimathi before the Court of Appeals in colonial Kenya. There she found the full file of not only the appellate case, but the original trial as well, transcripts, exhibits, and police reports. The file showed that a dubious file of the trial transcript in the Kenyan National Archives to be a forgery, but its discovery prompted the release of further files in Kenya. This momentous discovery not only sheds light on this key figure in Kenyan history, and the trauma and the Mau Mau rebellion, but also unstable nature of archives and historical memory. Dedan Kimathi on Trial: Colonial Justice and Popular Memory in Kenya’s Mau Mau Rebellion (Ohio University Press, 2017) not only reproduces the entire trial transcript, in all its original discordant glory, but a set of insightful essays by major scholars of Kenyan history and literary culture, including David Anderson, John Lonsdale, Nicholas Kariuki Githuku, Simon Gikandi, and Lotte Hughes. Her own introduction and a forward by Ngugi wa Thiong’o and Micere Githae Mugo provide a helpful framework for considering the meaning of this important artifact of Africa’s colonial interlude. For anyone in Kenya in February 2020, you can catch the launch of her book at the Dedan Kimathi University of Technology in Nyeri on February 18 and at the United States International Univeristy of Africa in Nairobi on February 21. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. The book I’m looking at today is Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others Are Demanding Their Rightful Place in Public Life, by Jay Wexler. In it, he travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace. A Professor at Boston University School of Law, Jay Wexler is also a humorist, short story writer, and novelist. A one-time clerk to Justice Ruth Bader Ginsburg and former lawyer at the US Department of Justice, he has written for National Geographic, The Boston Globe, McSweeney's Internet Tendency, Salon, and many other outlets. His non-fiction books include When God Isn't Green (2016) , The Odd Clauses (2011), and Holy Hullabaloos (2009). He joins me today, to talk about Our Non-Christian Nation. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. 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 Broke: Hardship and Resilience in a City of Broken Promise (St. Martin's Press, 2019), Jodie Adams Kirshner tells the story of the people of Detroit before, during, and after its bankruptcy, offering lessons about urban governance, post-industrial economics, development, and the usefulness of bankruptcy itself as a tool to aid U.S. cities. Join us to hear the fascinating, infuriating, and heartbreaking stories of Detroiters struggling to build better lives for themselves and their neighborhoods. 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

On this episode of the New Books Network, Dr. Lee Pierce (she/they)--Asst. Prof. of Rhetoric and Communication at the State University of New York at Geneseo--interviews Dr. Kate Lockwood Harris (she/they)--Department of Communication Studies at the University of Minnesota -on the courageous new book Beyond the Rapist: Title IX and Sexual Violence on US Campuses (Oxford University Press, 2019). Beyond the Rapists asks how and to what end scholars of communication and the public at large might look “beyond the rapist”--beyond the individuals who perpetuate violence and toward the organizations through whom violence is authorized and distributed. Dr. Lockwood Harris makes the provocative claim that organizations communicate differently but no less impactfully than direct action and advocates for a new perspective on what it means for an organization to do violence along raced and gendered lines in today’s higher education climate. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course: The Everyday Struggle to Get an Abortion in America (University of California Press, 2020) tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations. Based on patients’ stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way—treating abortion like any other form of health care—but the United States is a long way from that ideal. 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

Michael Bobelian has written a history of the nomination of Abe Fortas to be Chief Justice of the U.S. Supreme Court in 1968. In Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court (Schaffner, 2019), he reminds us of the intense political battle over Lyndon Johnson’s legacy nomination of then-associate justice Abe Fortas to the chief justiceship. Bobelian’s account, relying upon a wealth of archival materials, including primary sources from presidential libraries, Senate hearings, and interviews, recreates the political world of Washington, D.C. in the 1960s, during the height of the Warren Court’s influence. Bobelian assesses the motives for various actors, such as segregationist Strom Thurmond, moderate Robert Griffin, and liberals Abe Fortas and Earl Warren, in their roles in the nomination process. He makes the argument that the politicization of the nomination process did not begin with Robert Bork’s nomination in 1987, but truly began with the nomination of Fortas. Bobelian also considers the political and popular responses to the then-novel consistently activist Warren Court and how the Fortas nomination and the opposition to it were motivated by combinations of jurisprudential ideology, institutional prerogatives, and the dynamics of personal relationships. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Three years after the withdrawal of the Open Internet Order – then-President Barack Obama’s attempt at codifying network neutrality by prohibiting internet service providers from discriminating between content – by the Federal Communications Commission, a need to holistically understand the net neutrality debates still exists. How can we make sense of the intensification of controversy, the advocacy and protests, and the political and corporate wrangling? In his new book, The Paradoxes of Network Neutralities (MIT Press, 2019), Russell A. Newman, an assistant professor at Emerson College, sets out to provide an explication of the debates surrounding network neutrality. To do this, Newman critically examines the narratives put forth that erase elements foundational for interpreting the trajectory of open internet regulation, as well as comprehending the systems and impacts of internet advocacy, and the disparate rhetorics involved in this cause. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

America has the largest incarcerated population in the world. This staggering and troubling fact has driven a great deal of scholarship. Much of this research has shown that mass incarceration in America is facilitated by systemic racial discrimination, which disproportionately affects African-American and Latinx communities. Only recently have scholars focused on the role of religion in American prisons. In American Prisons: A Critical Primer on Culture and Conversion to Islam (First Edition Design, 2017), SpearIt, Professor in the Thurgood Marshall School of Law at Texas Southern University, brings the subject of incarcerated Muslims into focus. The collection of essays synthesizes SpearIt’s legal and academic work on issues of conversion, radicalization, and Muslim prisoner rights. Overall, the collection demonstrates that prisons are a crucial space for understanding the history of Muslims in America. In our conversation we discussed how Muslims have shaped religious life in prisons, the everyday challenges of incarceration, prison as a center for religious conversion, reasons prisoners chose Islam while incarcerated, prison administrators’ and policy makers’ definitions of radicalization, Muslim hip hop in the age of mass incarceration, incarcerated Latinx communities, and strategies to improve the criminal justice system. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email 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

If you’re a grad student facing the ugly reality of finding a tenure-track job, you could easily be forgiven for thinking about a career change. However, if you’ve spent the last several years working on a PhD, or if you’re a faculty member whose career has basically consisted of higher ed, switching isn’t so easy. PhD holders are mostly trained to work as professors, and making easy connections to other careers is no mean feat. Because the people you know were generally trained to do the same sorts of things, an easy source of advice might not be there for you. Thankfully, for anybody who wishes there was a guidebook that would just break all of this down, that book has now been written. Going Alt-Ac: A Guide to Alternative Academic Careers (Stylus Publishing, 2020) by Kathryn E. Linder, Kevin Kelly, and Thomas J. Tobin offers practical advice and step-by-step instructions on how to decide if you want to leave behind academia and how to start searching for a new career. If a lot of career advice is too vague or too ambiguous, this book corrects that by outlining not just how to figure out what you might want to do, but critically, how you might go about accomplishing that. Zeb Larson is a recent graduate of The Ohio State University with a PhD in History. His research deals with the anti-apartheid movement in the United States. To suggest a recent title or to contact him, please send an e-mail to [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

Much of the confusion about a central event in United States history begins with the name the "Civil War." In reality, the Civil War was not merely civil--meaning national--and not merely a war, but instead an international conflict of ideas as well as armies. Its implications transformed the U.S. Constitution and reshaped a world order, as political and economic systems grounded in slavery and empire clashed with the democratic process of republican forms of government. And it spilled over national boundaries, tying the United States together with Cuba, Spain, Mexico, Britain, and France in a struggle over the future of slavery and of republics. In The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic (University of North Carolina Press, 2019), Gregory P. Downs argues that we can see the Civil War anew by understanding it as a revolution. More than a fight to preserve the Union and end slavery, the conflict refashioned a nation, in part by remaking its Constitution. More than a struggle of brother against brother, it entailed remaking an Atlantic world that centered in surprising ways on Cuba and Spain. Downs introduces a range of actors not often considered as central to the conflict but clearly engaged in broader questions and acts they regarded as revolutionary. This expansive canvas allows Downs to describe a broad and world-shaking war with implications far greater than often recognized. Ryan Tripp is part-time and full-time adjunct history faculty at California community colleges as well as the College of Online and Continuing Education at Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why do even successful clean energy policies fail to create momentum for more renewable energy? In her new book Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy and Climate Policy in the American States (Oxford University Press, 2020), Leah Stokes analyzes policy-making in Texas, Kansas, Arizona, and Ohio to understand the dynamics of clean energy policy. This remarkably ambitious work urges political scientists to refocus on the manner in which interest groups prevent or reverse clean energy policies. Her case studies reveal the particular conditions and mechanisms through which interest groups “short circuit” policy by undermining and obscuring policy feedback. This rich and nuanced qualitative study of several cases yields insights on the role that ambiguity plays in policy change. The “fog of enactment” (the gap between actors expectations and the policy’s actual outcome) helps explain why it is so difficult to implement clean energy policy. Because ambiguity shrinks after implementation and actors learn and update their beliefs, powerful fossil fuel interest groups can drive policy changes after implementation in ways that thwart clean energy policy. The book translates climate science for political scientists – and presents political dynamics in a manner accessible to all readers who care about climate change. The podcast includes a fascinating discussion of how the findings of the book map onto the policies and priorities of the Democratic candidates for the presidency. 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

It is often said that with the election of Donald Trump nativism was raised from the dead. After all, here was a president who organized his campaign around a rhetoric of unvarnished racism and xenophobia. Among his first acts on taking office was to issue an executive order blocking Muslim immigrants from entering the United States. But although his actions may often seem unprecedented, they are not as unusual as many people believe. This story doesn’t begin with Trump. For decades, Republicans and Democrats alike have employed xenophobic ideas and policies, declaring time and again that “illegal immigration” is a threat to the nation’s security, wellbeing, and future. The profound forces of all-American nativism have, in fact, been pushing politics so far to the right over the last forty years that, for many people, Trump began to look reasonable. As Daniel Denvir argues, issues as diverse as austerity economics, free trade, mass incarceration, the drug war, the contours of the post 9/11 security state, and, yes, Donald Trump and the Alt-Right movement are united by the ideology of nativism, which binds together assorted anxieties and concerns into a ruthless political project. All-American Nativism: How the Bipartisan War on Immigrants Explains Politics as We Know It (Verso, 2020) provides a powerful and impressively researched account of the long but often forgotten history that gave us Donald Trump. Join us to hear Daniel Denvir lay out the grim history and current state of US immigration politics and policy. 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

What standard should be used to assess presidential misconduct during the Trump presidency? How should the public, press, Congress, and bureaucracy resist and punish executive misconduct? Presidential Misconduct: From George Washington to Today (The New Press, 2019) insists we must look back to look forward. The book provides a comprehensive study of American presidents' misconduct and their response to charges against them. The book provides a unique context by which to understand and evaluate the impeachment of Donald Trump. The origins of the book are unique. During the 1974 Nixon impeachment hearings, committee leaders ask a group of historians to catalogue presidential misconduct – in 8 weeks. This updated edition provides case studies through the presidency of Barack Obama as well as an excellent introduction by James M. Banner, Jr. (one of the original authors of the 1974 study who also provides chapters on Jefferson, Madison, and Monroe). Jeremi Suri’s analysis of Ronald Reagan’s presidency (EPA, HUD, illegal lobbying, Pentagon bribes and kickbacks, Savings and Loan, Iran-Contra) concludes that Reagan’s personal integrity contrasts with the managerial negligence and deregulation that “encouraged corruption and law-breaking.” Although Reagan did not profit personally, his penchant for deregulation and dislike of confrontation created an environment which made possible crimes committed by others. In her chapter on Bill Clinton, Kathryn Cramer Brownell highlights how changes in television and cable (the twenty-four hour news) impacted the presidency. Through an analysis of Travelgate, Whitewater, 1996 Campaign Finance Violations, and Monica Lewinsky, Brownell concludes that the “line between public and private life, as well as the public’s distinction between the two, disappeared during the Clinton administration.” During the podcast, Brownell expands on complex issues of gender and the separation of public and private. The podcast concludes with thoughts on how a historical review of presidential misconduct informs our understanding of the impeachment of President Trump and the impact of public vigilance in American politics. 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

Over the course of less than a century, the U.S. transformed from a nation that excluded Asians from immigration and citizenship to one that receives more immigrants from Asia than from anywhere else in the world. Yet questions of how that dramatic shift took place have long gone unanswered. In Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion (University of North Carolina Press, 2019), Jane H. Hong unearths the transpacific movement that successfully ended restrictions on Asian immigration. The mid-twentieth century repeal of Asian exclusion, Hong shows, was part of the price of America's postwar empire in Asia. The demands of U.S. empire-building during an era of decolonization created new opportunities for advocates from both the U.S. and Asia to lobby U.S. Congress for repeal. Drawing from sources in the United States, India, and the Philippines, Opening the Gates to Asia charts a movement more than twenty years in the making. Positioning repeal at the intersection of U.S. civil rights struggles and Asian decolonization, Hong raises thorny questions about the meanings of nation, independence, and citizenship on the global stage. 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. Hong is an assistant professor of history at Occidental College where she specializes in 20th-century U.S. immigration and engagement with the world, with a focus on Asia. 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

In The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), Joseph Blocher and Darrell A.H. Miller insist that the Second Amendment is widely recognized but fundamentally misunderstood by the public and public officials. Misconceptions about what the amendment allows, forbids, and how it function as law distort American debates and public policy. Blocher and Miller provide a nuanced synthesis of politics, history, and legal arguments to recover a more balanced discourse – what they call a “positive” Second Amendment” – that accommodates both a right to bear arms and reasonable regulation. Blocher and Miller begin with a puzzle. After the Sandy Hook shootings, 90% of the public and 74% of NRA members supported background checks for guns purchased at gun shows and online – yet the Manchin-Toomey Amendment failed in the Senate. The power of interest groups, Blocher and Miller insist, does not fully explain the disconnect between public opinion and policy. Examining the powerful constitutional rhetoric around what is “allowed” by the Second Amendment provides a fuller picture of the political and legal landscape. The book systematically works through the legal history of the amendment to demonstrate how extremists on both sides fail to understand the Second Amendment. Written in clear terms (such that it can be read by citizens, students, and scholars), The Positive Second Amendment provides accessible and balanced scholarship on a polarizing topic in politics and law. The podcast concludes with thoughts on the firearms law case heard by the Supreme Court in December 2019. Susan Liebell is associate professor of political science at Saint Joseph’s University Carroll 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

One of the central pillars of US counterterrorism policy is that capturing or killing a terrorist group's leader is effective. Yet this pillar rests more on a foundation of faith than facts. In Leadership Decapitation: Strategic Targeting of Terrorist Organizations (Stanford University Press, 2019), Jenna Jordan examines over a thousand instances of leadership targeting—involving groups such as Hamas, al Qaeda, Shining Path, and ISIS—to identify the successes, failures, and unintended consequences of this strategy. As Jordan demonstrates, group infrastructure, ideology, and popular support all play a role in determining how and why leadership decapitation succeeds or fails. Taking heed of these conditions is essential to an effective counterterrorism policy going forward. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. 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 Muslims respond to foreign goods in an age characterized by global exchange and European imperial expansion? What sort of legal reasoning did scholars apply in order to appropriate – or reject – items like the synthetic toothbrush, toilet paper, gramophones, photographs, railway lines, banknotes, hats, and other commodities? What role did laypeople play in shaping the contours of the scholarly debates around these items and projects? How did the entanglements of imperial power plays affect the decisions made by these scholars and laypersons? In Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935 (Columbia University Press, 2019), Leor Halevi tackles these questions by exploring how Muslim reformers employed sophisticated legal reasoning rooted in textual sources as well as social context to account for the introduction of these new commodities, technologies, and laws in their rapidly changing societies. By focusing on the works of Rashid Rida – the Syrian-Egyptian publisher of Al-Manar – Halevi demonstrates how modern technological advancements also transformed the very processes of Islamic law, as lay inquirers became central actors in shaping the contours of the discussion. Thus, through his analysis, Halevi creates a space for reading the development of Islamic law in this period as an “Islamic law from below.” The portrait emerges of an enchanting global journey across time and space in the Muslim-majority world as we witness an Islamic tradition that was actively – and critically – engaged in modernity’s premises through the trials of modern things. Asad Dandia is a graduate student of Islamic Studies at Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. In Adcreep: The Case Against Modern Marketing (Stanford Law Books, 2017), Mark Bartholomew journeys through the curious and sometimes troubling world of modern advertising. Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. 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 provocative new book, Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris (Temple University Press, 2019), Dr. Andrew Israel Ross maps out the intersection between histories of sexualities and the urban history of Paris in the 1800s. He examines how the regulation of public sex created new ways of understanding the relationship between individuals and the spaces they inhabited. In this interview, he discusses the policing of prostitution through government-sanctioned brothels, efforts to regulate male same-sex sexual activity at the city’s public urinals, Haussmannization and the creation of new sites for public sex, and the emergence of new sexual identities in the Third Republic. Beth Mauldin is an Associate Professor of French at Georgia Gwinnett College in Lawrenceville, Georgia. Her research interests include French cultural studies, film, and the social and cultural history of Paris. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stanley Fish is a well-known scholar regarding the First Amendment and free speech. In his latest book, The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-truth, and Donald Trump (One Signal, 2019), Professor Fish discusses the popular and legal meanings of the First Amendment’s speech and religion clauses. He argues that speech is not an apolitical concept, but is in fact often invoked for political purposes. Although he favors a robust zone of free speech, he is careful to note what speech law does and should protect versus what it does not, or should not, protect. He makes distinctions between freedom of inquiry in an academic setting and the claims of absolutists regarding free speech on campuses. He is also concerned with what he considers the “poor fit” of the modern interpretation of the religion clauses (Free Exercise and Establishment Clauses) with the Constitution’s concerns with individual liberty. In addition to the Constitution, Professor Fish discusses the roles of sunshine laws, post-modern interpretations of speech, and the political speech phenomenon of Donald Trump. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Immigration is one of the most complex issues of our time in the United States and around the world. Enforcing immigration law in the U.S. involves a mix of courts and executive agencies with lots of opportunities for confusion, miscommunication, and changes in approach from administration to administration. While these things are nothing new, they take on a new dimension when the lives of undocumented immigrants and asylum seekers are at stake. Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, is an expert in immigration law and joins us this week to discuss how discretion, checks and balances, and the rule of law figure into immigration enforcement — particularly in the Trump administration. Her new book, Banned: Immigration Enforcement in the Time of Trump (New York University Press, 2019), includes interviews with former immigration officials and people impacted by the Trump administration’s immigration policies. Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“The things that are happening to North Korea are happening to all of us…they are part of the human community. To say that this is just a problem for North Korea is to say that North Koreans are not part of the human community.” In her new book, Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record (Columbia University Press, 2019), Sandra Fahy gives a thorough and compelling analysis of testimonies and reports on North Korea. Fahy explores the United Nation’s report as well as North Korea’s response to the report. The book also tackles issues of famine and hunger, information control, movement within the country and outside it, in addition to other pertinent issues. The book is full of detailed reporting on the issues but is still written in an accessible way in order to help readers understand more about North Korea and its people. 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

Professor Talitha LeFlouria, a fellow at the Carter G. Woodson Institute at the University of Virginia, discusses her book, Chained in Silence: Black Women and Convict Labor in the New South (University of North Carolina Press, 2016) and the lives, labors, and legacies of incarcerated black women and the convict lease system in the early 20th century South. In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating a new and dynamic set of skills for black women. At the same time, female inmates struggled to resist physical and sexual exploitation and to preserve their human dignity within a hostile climate of terror. This revealing history redefines the social context of black women's lives and labor in the New South and allows their stories to be told for the first time. Beth A. English is director of the Liechtenstein Institute's Project on Gender in the Global Community at Princeton University. She also is a past president of the Southern Labor History Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Long-term solitary confinement meets the legal definition of torture, and yet solitary confinement is used in every state in the United States. People are placed in solitary confinement for a variety of reasons, and long-term solitary confinement can have a harmful effect on mental and physical health. Reform is happening, but the use of solitary confinement is still a problem in the US. Taylor Pendergrass, a lawyer who works on criminal justice reform for the ACLU, has spent over a decade collecting stories of people who have been impacted by the criminal justice system. Along with Mateo Hoke, he has co-edited the book Six by Ten: Stories from Solitary (Haymarket, 2018). In addition to a primer and brief history of solitary confinement, the book consists of personal history narratives. The stories are by people who have spent time in solitary confinement, family members, and people who have worked in prison systems. Voices of people who are, or have been, in solitary confinement are rare to hear, because they oppressed and difficult to access. The stories in this book are powerful, nuanced, and complex, and give readers a better understanding of the impact of solitary confinement on people’s lives. In this interview, Pendergrass describes the conditions and psychological impact of solitary both during and after incarceration. He also discusses the history and rational behind solitary confinement in the US, progress toward criminal justice reform, and ways people can help. Resources mentioned in this interview: -NY Times Articles about solitary confinement in Colorado by Rick Raemisch here and here. -Pen Pal program with people in solitary confinement here. -Article by Craig Haney, Department of Psychology, University of California, Santa Cruz, an overview of research on the psychological impact of solitary confinement here. Debbie Sorensen, Ph.D. is a licensed psychologist practicing in Denver, Colorado and a co-host of the podcast Psychologists Off The Clock. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law