New Books in 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

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford UP, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What happens when a religion is demonized to such an extent that it is no longer deemed a religion – but an ideology? What effect does such a political refashioning of a religion have on the rights to free expression of its adherents? What are the implications of politicizing and secularizing a religion as it concerns religious liberty and diversity? How does this treatment of one religion set a precedent for treatment of them all? In When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom (Pegasus Books, 2019), Asma T. Uddin grapples precisely with these questions. Through weaving personal narrative, legal training, and historical grounding into her book, Asma breaks down prevailing stereotypes about Muslims and Islam, details the various mechanisms and consequences of religious bigotry and animus, and underscores the importance of religious liberty for all communities in a highly accessible and graceful language. 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

In this latest book, Stephen F. Knott continues his extensive research of the American presidency, from the Founders’ concept of the office to the current office holder. In The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (University of Kansas Press, 2019), Knott guides the reader through more than 200 years of presidents and the changes that these individuals have brought to the office itself. Knott—a scholar of the founding period, and, in particular, of Alexander Hamilton and the role that he played in establishing the Executive branch in the constitutional system—explores the foundational ideas for the presidency and the ways in which Hamilton and George Washington, as the first inhabitant in that office, tried to establish the office as one that was imbued with dignity while still remaining accessible to the people. The Lost Soul of The American Presidency traces, essentially, what happened next, after Washington left office, and how the pressures and tensions around how the constitutional office continued to work but how that office was complicated by more populist inhabitants, like Thomas Jefferson, Andrew Jackson, Woodrow Wilson, and Franklin Roosevelt. Knott argues that the office has been much changed over the course of history, especially with the integration of public opinion and populism as drivers of how presidents act and makes decisions. Knott, like Hamilton, is greatly concerned with the way that demagoguery and the playing up of polarization and passions have contributed to substantive shifts in office itself and how it is perceived by the citizenry. Ultimately, the book encourages a reconsideration and reestablishment of the original conception of the presidency, one where the character of the person is joined with the dignity and responsibility of the constitutional office. 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

It has become a truism that work has become less secure and more precarious for a widening swath of American workers. Why and how this has happened, and what workers can and should do about it, is the subject of a wide-ranging new book, Temp: How American Work, American Business, and the American Dream became Temporary (Viking, 2018). In Temp, Louis Hyman, Professor of History at the Industrial and Labor Relations School of Cornell University, presents a detailed history of the unraveling of steady work. Hyman acknowledges that secure, lucrative, meaningful work has never been equally available to all Americans, even amidst the prosperity of the post-WWII era. He also argues compellingly that the shift toward privileging shareholders over employees and short-term profit over long-term prosperity was not inevitable, nor is it irreversible. Jobs are less secure today not because the market demanded it but because, starting as early as the 1950s, executives, consultants, and policy makers decided to make them that way. He details the rise of temp agencies and consultancies as well as the broader political, cultural, economic, and technological shifts that fueled and furthered the move toward insecure work. Listen in as I talk with Professor Hyman about his fascinating work and his ideas about what the path forward might look like for American workers. Carrie Lane is a Professor of American Studies at California State University, Fullerton and author of A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment. Her research concerns the changing nature of work in the contemporary U.S. She is currently writing a book on the professional organizing industry. To contact her or to suggest a recent title, email [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

In Rethinking Human Enhancement: Social Enhancement and Emergent Technologies (Palgrave Macmillan, 2014), Laura Cabrera discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way. 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

What happens to families and communities after immigration raids? William D. Lopez answers this question and more in his new book Separated: Family & Community in the Aftermath of an Immigration Raid (Johns Hopkins UP, 2019). Using ethnographic methods and interviews to deep dive into the aftermath of a local immigration raid, Lopez provides the stories of community members affected by the event and how their lives are changed forever after. The book provides a robust background of information regarding policy issues relevant to the current immigration climate, like the REAL ID act, as well as experiences from a myriad of perspectives. Lopez also draws on lessons from the Black Lives Matter movement and provides a rich discussion of his positionality (called "reflexivity" in research methods). Overall, this book provides a powerful testimony to events happening in our communities and neighborhoods and is written to a wide audience. This book would align well with graduate level courses on policy, families, race and ethnicity, and/or immigration, but would also be accessible to undergraduates. Anyone interested in these topics, inside and outside of higher education, should check this book out. Sarah E. Patterson is a Postdoctoral Fellow at the University Michigan. You can tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Philip M. Napoli has been thinking about algorithmic news and social media feed curation for quite some time, as he acknowledges in his new book, Social Media and the Public Interest: Media Regulation in the Disinformation Age (Columbia University Press, 2019). Initially this topic was not as pressing as it now seems to be, but Napoli has been exploring this issue and and trying to figure out how it might work in terms of regulation – self, governmental, or otherwise – for a while. Social Media and the Public Interest approaches this complex and multi-layered issue from a host of perspectives, leading the reader into the broader discussion through a history of social media, but that history itself is positioned within a brief but important history of the internet and the world wide web. At the same time, the book covers a lot of important ground in thinking about the First Amendment, how journalism operates in the age of social media and an otherwise fluid and changing environment for traditional media. Napoli gets at questions that often lurk at the back of our considerations of social media, not only about what we experience in our use of these platforms, but also how we may, unconsciously, consume the information and news that is presented to us through these “not quite journalistic” entities. This is a fascinating book that opens up a lot of penetrating questions about our social media environment, how we think about journalism, what the role of regulation might be in terms of both technology and media, and how all these threads intersect within politics. This book will be of interest to a wide array of readers from a host of backgrounds, and, of course, to anyone who has an interest in understanding the media environment in which we all live. Lilly J. Goren is professor of Political Science at Carroll University in Waukesha, WI. She co-edited the award-winning 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

Today I talked to David H. McIntyre about How to Think about Homeland Security; Volume 1: The Imperfect Intersection of National Security and Public Safety and Volume 2: Risk, Threats, and the New Normal (Rowman & Littlefield, 2019). The next evolution in improving homeland security is to analyze and evaluate various theories of bureaucratic change against the national-level catastrophic threats we are most likely to face. This synthesis provides the bridge between volume 1 (understanding homeland security) and the next in the series (understanding the risk and threats to domestic security). Volume 1: The Imperfect Intersection of National Security and Public Safety explains homeland security as a struggle to meet new national security threats with traditional public safety practitioners. It offers a new solution that reaches beyond training and equipment to change practitioner culture through education. This first volume represents a major new contribution to the literature by recognizing that homeland security is not based on theories of nuclear response or countering terrorism, but on, making bureaucracy work. Volume 2: Risk, Threats and the New Normal explains the new political and technological developments that created new domestic national security threats against the nation and the people of the United States. The book traces the development of and competition between national preparedness (focused on people and property), and civil defense / security (focused on the defense of systems and infrastructure) since the latter days of World War I. Extensive policy research demonstrates a shift in federal (and hence state and local) focus over the last decade from WMD based Threats at the National Security Level (TNSL) back to more traditional hazards and disasters. A framework is offered to analyze and evaluate TNSL dangers to national power; it is applied to a case study involving a nuclear attack. Recommendations are offered to mitigate or prevent the potentially catastrophic aftermath. In Vol 3 this analysis will be extended to other TNSL events (chemical, biological, radiological, etc.) and the actors who must prepare for them. 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

We’ve all heard that a picture is worth a thousand words, but what if we don’t understand what we’re looking at? Social media has made charts, infographics, and diagrams ubiquitous―and easier to share than ever. We associate charts with science and reason; the flashy visuals are both appealing and persuasive. Pie charts, maps, bar and line graphs, and scatter plots (to name a few) can better inform us, revealing patterns and trends hidden behind the numbers we encounter in our lives. In short, good charts make us smarter―if we know how to read them. However, they can also lead us astray. Charts lie in a variety of ways―displaying incomplete or inaccurate data, suggesting misleading patterns, and concealing uncertainty―or are frequently misunderstood, such as the confusing cone of uncertainty maps shown on TV every hurricane season. To make matters worse, many of us are ill-equipped to interpret the visuals that politicians, journalists, advertisers, and even our employers present each day, enabling bad actors to easily manipulate them to promote their own agendas. In How Charts Lie: Getting Smarter about Visual Information (W. W. Norton, 2019), data visualization expert Alberto Cairo teaches us to not only spot the lies in deceptive visuals, but also to take advantage of good ones to understand complex stories. Public conversations are increasingly propelled by numbers, and to make sense of them we must be able to decode and use visual information. By examining contemporary examples ranging from election-result infographics to global GDP maps and box-office record charts, How Charts Lie demystifies an essential new literacy, one that will make us better equipped to navigate our data-driven world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work. James Gordon Finlayson, reader in philosophy and director of the Centre for Social and Political Thought at the University of Sussex, examines and contextualizes The Habermas-Rawls Debate (Columbia University Press, 2019). He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College 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

Jana Byars talks with Elizabeth Bernstein, Professor of Women’s, Gender, and Sexuality Studies at Barnard College about her newest book, Brokered Subjects: Sex, Trafficking and the Politics of Freedom (University of Chicago, 2018). This book provides an overview of feminist discourse on sex trafficking from its earliest incarnations, through its present form, noting the ongoing, and occasionally uneasy partnership between radical feminists and evangelical Christians. This lively discussion, the author explains the capitalist, neo-liberal, often religious groups spearheading the global anti-trafficking movement. We talk about “carceral feminism,” reality tourism, and the corporations who make money through the women they “save.” Bernstein’s book, in her own words, reveals, “the complex intertwining of gender and sexuality with state and metastate interests.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Creating the Law: State Supreme Court Opinions and The Effect of Audiences (Routledge, 2019), Michael Romano and Todd Curry examine whether judges tailor their language in order to avoid retribution during their retention elections. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry examine the connection between retention incentives and legal language choices. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to appeal to diverse audiences that may be paying attention. Michael Romano is an assistant professor of political science at Shenandoah University; Todd Curry is an associate professor of political science at the University of Texas, El Paso. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The First Amendment and a strong Fourth Estate are essential to a healthy democracy. David McCraw spends his days making sure that journalists can do their work in the United States and around the world. This includes responding to libel suits and legal threats, reviewing stories that are likely to be the subject of a lawsuit, helping reporters who run into trouble abroad, filing Freedom of Information Act requests, and much more. Today we talk to McCraw, the Deputy General Counsel of the New York Times and author of Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts (All Points Books, 2019). 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

We Americans are defined by our Constitution and we cherish especially the First and Second Amendments. But like all texts, the Constitution can be read to empower and protect our individual rights, but it can also be used selectively, self-servingly, and in bad faith. And the Constitution guarantees two things: our own personal liberties, unfettered by threats from the government, and equal treatment before the law. So is online harassment, assault weapons in every hand, and hate speech the price we all pay for the freedoms we enjoy? Or is is the price that certain people pay and others don't? Professor Mary Anne Franks, author of The Cult of the Constitution (Stanford University Press, 2019) is an expert on the First and Second Amendments and the author of several legislative bills that now govern the nonconsensual pictures of intimacy distributed online (also called "revenge porn"). She asks whether our country's faith and belief in the Constitution amounts to something like a cult, where unquestioning belief is expected of the many while a small elite decides which rights matter to whom, and who has to pay the price for other people's liberty. Professor Franks maintains that our commitment to the rule of law is now more important than even before, and that such a commitment requires a critical and intelligent reading of the Constitution, rather than blind faith. We also discussed why so many white men claim that they are victims of censorship and free speech suppression when internet platforms decline to host them, and why this argument of who is more oppressed ends up evading the tougher questions of how the Amendments work in the real world. Are disputes over the Amendments really solved with more guns, more speech, more internet? Or are there better ways of countering real-world violence, harassment, inequality, and threats? Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It" Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of Talking Legal History, Siobhan talks with William P. Hustwit about his book Integration Now: Alexander v. Holmes and the End of Jim Crow Education (UNC Press, 2019). Hustwit is the Associate Professor of History and Chair of the History Department at Birmingham-Southern College. Fifty years after the Supreme Court decision, Integration Now explores how studying the case Alexander v. Holmes (1969) enhances understandings of the history underlying school desegregation. This episode is part of a series featuring legal history works from UNC Press. Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington. 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

Today I talked to S. Deborah Kang about her book The INS on the Line: Making Immigration Law on the US-Mexico Border, 1917-1954, published by Oxford University Press in 2017. The INS on the Line explores the history behind Immigration and Naturalization Service throughout the 20th Century, interrogating how this agency was critical to the creation and re-creation of immigration law during this time period. Kang shows that the INS did not just think of itself as a law enforcement agency, but through numerous legal innovations and interpretations, embraced an identity as a lawmaking body responsible for balancing the money competing interests in local, regional, and national geographies. S. Deborah Kang is an Associate Professor of history at California State University San Marcos. She is currently studing the relationship between law and society on both the United States’ southern and northern borders. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Can justice heal? Must there be justice in order to heal? Is there such a thing as justice, something to be striven for regardless of context? Alexander L. Hinton thinks through these questions in a pair of new books. The two are companion pieces, each using Cambodia in a different way as a lens through which to look at the notion of transitional justice. In The Justice Facade: Trials of Transition in Cambodia (Oxford University Press, 2018), he argues there is something deeply mistaken in the way thinkers and practitioners have imagined and employed transitional justice in the past half-century. Justice, Hinton argues, is much more deeply embedded in localities and particularity than conventional notions of transitional justice allow. Rather than striving toward a universal notion of justice, what is needed is a deeply rooted sense of the way local actors, organizations and values understand and respond to calls for justice. Transitional justice requires a thorough understanding of local societies, of the way that global and local institutions intersect and interact. In Man or Monster?: The Trial of a Khmer Rouge Torturer (Duke University Press, 2016), Hinton turns his eye toward a more granular question of justice. Hinton witnessed most of the trial of Duch, the Khmer Rouge commander of the S-21 prison. The book takes us through the trial day by day, carefully observing not just the words spoken, but the manner and responses of witnesses and judges. In doing so, Hinton asks us to wonder how we should understand someone like Duch, someone who oversaw the murder of thousands of people yet presented himself as trapped by orders and by context. Using the words of the prosecutor and defense attorneys, he wonders whether we should better understand Duch as a man or as a monster, and asks what it would mean if we accepted his essential humanity. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As you may know, university presses publish a lot of good books. In fact, they publish thousands of them every year. They are different from most trade books in that most of them are what you might called "fundamental research." Their authors--dedicated researchers one and all--provide the scholarly stuff upon which many non-fiction trade books are based. So when you are reading, say, a popular history, you are often reading UP books at one remove. Of course, some UP books are also bestsellers, and they are all well written (and, I should say, thoroughly vetted thanks to the peer review system), but the greatest contribution of UPs is to provide a base of fundamental research to the public. And they do a great job of it. How do they do it? Today I talked to Kathryn Conrad, the president of the Association of University Presses, about the work of UPs, the challenges they face, and some terrific new directions they are going. We also talked about why, if you have a scholarly book in progress, you should talk to UP editors early and often. And she explains how! Listen in. Marshall Poe is the editor of the New Books Network. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

While monarchs throughout history used their power to make laws as a tool for governing their realms, rarely did they undertake the long and detailed work of drawing up an entire legal code. One of the few who did so was the Castilian king Alfonso X, and as Joseph F. O'Callaghan explains in his book Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile (Cornell University Press, 2019) this legal code provides insights into both his reign and the larger issues facing his kingdom in the Middle Ages. As O’Callaghan details, many of its provisions were drawn up in response to the problems Alfonso dealt with as king, and the laws that formed the code reflected his means for addressing them. Yet this was just one factor shaping a comprehensive civil and criminal code that covered everything for the responsibilities of the crown to the legal processes available to his subjects. While the code reflected the many concerns of Alfonso’s age O’Callaghan demonstrates how its legacy is still felt today, as jurists and legal scholars on three continents continue to draw upon its precedents in shaping their analyses. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Founded in 1919 along with the League of Nations, the International Labour Organization (ILO) establishes labor standards and produces knowledge about the world of work, serving as a forum for nations, unions, and employer associations. Before WWII, it focused on enhancing conditions for male industrial workers in Western, often imperial, economies, while restricting the circumstances of women's labors. Over time, the ILO embraced non-discrimination and equal treatment. It now promotes fair globalization, standardized employment and decent work for women in the developing world. In Making the Woman Worker: Precarious Labor and the Fight for Global Standards, 1919-2019 (Oxford University Press, 2019), Eileen Boris illuminates the ILO's transformation in the context of the long fight for social justice. Boris analyzes three ways in which the ILO has classified the division of labor: between women and men from 1919 to 1958; between women in the global south and the west from 1955 to 1996; and between the earning and care needs of all workers from 1990s to today. Before 1945, the ILO focused on distinguishing feminized labor from male workers, whom the organization prioritized. But when the world needed more women workers, the ILO (a UN agency after WWII) highlighted the global differences in women's work, began to combat sexism in the workplace, and declared care work essential to women's labor participation. Today, the ILO enters its second century with a mission to protect the interests of all workers in the face of increasingly globalized supply chains, the digitization of homework, and cross-border labor trafficking. Eileen Boris is the Hull Professor and Chair of the Department of Feminist Studies at the University of California, Santa Barbara, where she directs the Center for Research on Women and Social Justice. 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

Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. W. Caleb McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty: A True Story of Slavery and Restitution in America (Oxford University Press, 2019) is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place. Adam X. McNeil is a History PhD student at Rutgers University-New Brunswick. McNeil also regularly contributes to Black Perspectives and The Junto. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From 1931 to 1945, leaders of the SS sought to transform their organization into a racially-elite family community that would serve as the Third Reich’s new aristocracy. They utilized the science of eugenics to convince SS men to marry suitable wives and have many children. In her new book entitled Marriage and Fatherhood in the Nazi SS (University of Toronto Press, 2018), Amy Carney assesses the role of SS men as husbands and fathers during the Third Reich. The family community, and the place of men in this community, started with one simple order issued by SS leader Heinrich Himmler. He and other SS leaders continued to develop the family community throughout the 1930s, and not even the Second World War deterred them from pursuing their racial ambitions. Carney’s insight into the eugenic-based measures used to encourage SS men to marry and to establish families sheds new light on their responsibilities not only as soldiers, but as husbands and fathers as well. Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely. Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality and colonialism in India. In addition to studying the history of the transgender Hijra community under British colonial rule, Dr. Hinchy has also explored problems related to slavery, masculinity, and indirect colonial rule in India through several publications on Khwajasarai eunuch-slaves. She has also investigated the history of childhood, in particular in relation to sexuality and slavery. 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 make people academics -- as deep fascination with some arcane subject, often bordering on obsession, and a comfort with the solitude that developing expertise requires -- do not necessarily make us good teachers. Jessamyn Neuhaus’s Geeky Pedagogy: A Guide for Intellectuals, Introverts, and Nerds Who Want to Be Effective Teachers (West Virginia University Press, 2019) helps us to identify and embrace that geekiness in us and then offers practical, step-by-step guidelines for how to turn it to effective pedagogy. It’s a sharp, slim, and entertaining volume that can make better teachers of us all. 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 Partisan Republic: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s (Cambridge University Press, 2019) is the first book to unite a top down and bottom up account of constitutional change in the Founding era. Gerald Leonard, Professor of Law at Boston University School of Law, and Saul Cornell, Paul and Diane Guenther Chair in American History at Fordham University, focus on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College 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

In his new book, The Investigator: Demons of the Balkan War (University of Nebraska Press, 2019), Vladimir Dzuro, a retired Czech police commissioner, provides a first-hand look at the establishment of the International Crime Tribunal for Yugoslavia to prosecute Balkan war criminals. In contrast to the Nuremberg trials, these trials relied upon the traditional work of police detectives to provide the evidence and witnesses for the trials in the Hague. Through his thoughtful yet tantalizing narrative, Dzuro humanizes both the victims and the perpetrators of these late twentieth century acts of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

World War II played an important role in the trajectory of race and American political development, but the War's effects were much more complex than many assume. In order to unpack these complexities and mine underutilized sources of public opinion data, Steven White had written World War II and American Racial Politics: Public Opinion, the Presidency, and Civil Rights Advocacy (Cambridge University Press, 2019). White is an assistant professor of political science at Syracuse University. White offers an extensive analysis of rarely used survey data and archival evidence to assess white racial attitudes and the White house response to civil rights. Intriguingly, he shows that the white public's racial policy opinions largely DID NOT liberalize during the war against Nazi Germany and Congress remained unwilling to act on a civil rights policy agenda. Painfully aware of this, civil rights advocates shifted venues to lobby for unilateral action by the president. This book offers a reinterpretation of this critical period in American political development, as well as implications for the theoretical relationship between war and the inclusion of marginalized groups in democratic societies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws. Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa. They are Charles Abrahams’ Class Action: In Pursuit of a Larger Life (Penguin South Africa, 2019); Fiona Ross’ Bearing Witness: Women and the Truth and Reconciliation in South Africa (Pluto Press, 2002); and Georg Kries’ Switzerland and South Africa 1948-1994 (Peter Lang Publishers, 2007). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few doctrinal and political issues are more controversial in Pakistan today than that of blasphemy. In her excellent and engaging new book Shariʿa and the State in Pakistan: Blasphemy Politics (Routledge, 2019), Farhat Haq presents the history and present of blasphemy laws, debates, and politics in Pakistan, in a manner that carefully weaves the historical backdrop of blasphemy politics with detailed descriptions of important discursive moments and contributions involving a range of different state and non-state actors. Equally conversant with Islamic Studies, South Asian Studies, and Political Science, this book will speak to and interest multiple audiences, while familiarizing readers in eminently accessible prose with the legal, political, and theological complexities invested in the question of blasphemy in Pakistan and beyond. Throughout the book, Haq convincingly shows and argues that blasphemy politics in Pakistan escapes any neat narratives or conceptual framings, and one must attend to its contingencies in order to develop a more nuanced understanding of its thorniest implications and consequences. This book is a must-read for anyone interested in the hugely critical and controversial topic of blasphemy in Islam and in Pakistan. 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

Richard Bell is the author of Stolen: Five Free Boys Kidnapped Into Slavery and Their Astonishing Odyssey Home, published by Simon & Schuster in 2019. Stolen tells the true story of how five young Black boys were kidnapped from Philadelphia in 1825. Dr. Bell recounts the boys’ journey as they were forced to travel south into slavery. Those familiar with Solomon Northup’s Twelve Years A Slave or Erica Dunbar’s Never Caught will find Dr. Bell’s Stolen to be a must read, as he explores how one kidnapping was shaped by the larger history of slavery, the interstate slave trade, the law, and a host of other factors. Dr. Bell is an Associate Professor of History at the University of Maryland – College Park, where he studies United States history and culture in the 18th and 19th Centuries. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A shattering account of the crack cocaine years from award-winning American historian David Farber, Crack: Rock Cocaine, Street Capitalism, and the Decade of Greed (Cambridge University Press, 2019) tells the story of the young men who bet their lives on the rewards of selling 'rock' cocaine, the people who gave themselves over to the crack pipe, and the often-merciless authorities who incarcerated legions of African Americans caught in the crack cocaine underworld. Based on interviews, archival research, judicial records, underground videos, and prison memoirs, Crack explains why, in a de-industrializing America in which market forces ruled and entrepreneurial risk-taking was celebrated, the crack industry was a lucrative enterprise for the 'Horatio Alger boys' of their place and time. These young, predominately African American entrepreneurs were profit-sharing partners in a deviant, criminal form of economic globalization. Hip Hop artists often celebrated their exploits but overwhelmingly, Americans - across racial lines -did not. Crack takes a hard look at the dark side of late twentieth-century capitalism. David Farber is Roy A. Roberts Distinguished Professor of History at the University of Kansas. Matthew Johnson teaches history at Texas Tech University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who has the right to have rights? Motivated by Hannah Arendt’s famous reflections on the question of statelessness the book tells a non-linear global story of the emergence and transformations of human rights in the age of nation-states. In his new book A World Divided: The Global Struggle for Human Rights in the Age of Nation-States (Princeton UP, 2019), Eric D. Weitz argues somewhat provocatively that “the history of Nation-States is the history of Human rights” and he goes on to show how human rights claims take shape in a nexus between popular struggles, state interests and the workings of the international community. The book focuses on a range of case studies, from the struggle of Greek rebels in post-Napoleonic Europe, to American settlers and Brazilian abolitionists and from anti-colonial Africans and Soviet dissidents to Zionists. These stories unveil what the author calls the “multi-storeyed glass house of human rights”: a fragile, and multidimensional structure riddled by paradoxes and insoluble contradictions. The book steers a middle course between arguments that regard the language of human rights as a post-war invention and long durée teleological narratives about the emergence and advance of human rights. It is a compelling defence for the need to fight for the protection and expansion of basic human rights in today’s fractured world. Eric D. Weitz is Distinguished Professor of History at City College and the Graduate Center, City University of New York. His books include Weimar Germany: Promise and Tragedy and A Century of Genocide (both Princeton UP). Yorgos Giannakopoulos(@giannako) is a currently a Junior Research Fellow in Durham University, UK. He is a historian of Modern Britain and Europe. His published research recovers the regional impact of British Intellectuals in Eastern Europe in the age of nationalism and internationalism. 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 The War for Muddy Waters: Pirates, Terrorists, Traffickers, and Maritime Security (Naval Institute Press, 2019), Joshua Tallis uses the “broken windows” theory of policing to reexamine the littorals, developing a multidimensional view of the maritime threat environment. With a foundational case study of the Caribbean, Tallis explores the connections between the narcotics trade, trafficking, money laundering, and weak institutions. He finds that networks are leveraged for multiple streams of illicit activity, but enforcement efforts sometimes only focus on a single threat. Additionally, Tallis compares these findings in two comparative case studies in the Gulf of Guinea and the Straits of Malacca and Singapore. Hybrid threats emerge as a theme in these case studies, marked by the fusion of criminality and terrorism and conventional and unconventional tactics. Ultimately, Tallis recommends actors in the maritime environment evaluate threats in this multidimensional context and collaborate with communities to achieve overarching strategic objectives. 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

Strange Trips isn’t only the title of Dr. Lucas Richert’s new book; it’s also a good description of the journey substances take from the black market to the doctor’s black bag—and, sometimes, back to the black market again. In Strange Trips: Science, Culture, and the Regulation of Drugs (McGill-Queens UP, 2019), Richert investigates the myths, meanings, and boundaries of recreational drugs, palliative care drugs, and pharmaceuticals, as well as struggles over product innovation, consumer protection, and freedom of choice in the medical marketplace. Focusing primarily on the United States and Canada, Richert shows how perceptions of products can swiftly change, and incorporates analyses of popular culture, science, politics and history to trace the strange trips drugs consistently go on as their uses evolve. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States Supreme Court operates to resolve disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. Yet a Court that prioritizes resolving many disputes sometimes will produce contradictory opinions or fail to provide a rationale for its decision at all. In either case, it produces an unreasoned judgment. When does the Court do this and is this on the rise? Matthew Hitt has written Inconsistency and Indecision in the United States Supreme Court (University of Michigan Press, 2019) to answer this question. Hitt is assistant professor of political science at Colorado State University. In Inconsistency and Indecision in the United States Supreme Court, Hitt demonstrates that over time, institutional changes have substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. As such, though the Supreme Court historically emphasized dispute resolution, it has evolved into a Court that prioritizes the goal of logically consistent doctrine. Consequently, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of New Books in Law Siobhan talks with Candy Gunther Brown about her book Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion? (UNC Press, 2019). Dr. Brown is a professor in the Department of Religious Studies at Indiana University Bloomington. She is a historian and ethnographer of religion and culture. Yoga and mindfulness activities, with roots in Asian traditions such as Hinduism or Buddhism, have been brought into growing numbers of public schools since the 1970s. While they are commonly assumed to be secular educational tools, Candy Gunther Brown asks whether religion is truly left out of the equation in the context of public-school curricula. An expert witness in four legal challenges, Brown scrutinized unpublished trial records, informant interviews, and legal precedents, as well as insider documents, some revealing promoters of “Vedic victory” or “stealth Buddhism” for public-school children. The legal challenges are fruitful cases for Brown’s analysis of the concepts of religious and secular. While notions of what makes something religious or secular are crucial to those who study religion, they have special significance in the realm of public and legal norms. They affect how people experience their lives, raise their children, and navigate educational systems. The question of religion in public education, Brown shows, is no longer a matter of jurisprudence focused largely on the establishment of a Protestant Bible or nonsectarian prayer. Instead, it now reflects an increasingly diverse American religious landscape. Reconceptualizing secularization as transparency and religious voluntarism, Brown argues for an opt-in model for public-school programs. 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

Elizabeth Herbin-Triant is the author of Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods, published by Columbia University Press in 2019. Threatening Property examines the campaigns for residential segregation in early-20th century North Carolina. Looking at the intersections of both race and class, Herbin-Triant explores how white supremacy was divided along class, pitting elite whites against their poorer counterparts, as Jim Crow America increasingly held back Black Americans. Elizabeth Herbin-Triant is an Assistant Professor of History at the University of Massachusetts, Lowell. She studies U.S. history, with a particular interest in African-American history, urban history, and histories of racial capitalism, slavery, and segregation. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Putting premodern theology and poetry in dialogue with contemporary theory and politics, Queer Faith: Reading Promiscuity and Race in the Secular Love Tradition (NYU Press, 2019) reassess the commonplace view that a modern veneration of sexual monogamy and fidelity finds its roots in Protestant thought. What if this narrative of “history and tradition” suppresses the queerness of its own foundational texts? Queer Faith examines key works of the prehistory of monogamy—from Paul to Luther, Petrarch to Shakespeare—to show that writing assumed to promote fidelity in fact articulates the affordances of promiscuity, both in its sexual sense and in its larger designation of all that is impure and disorderly. At the same time, Melissa E. Sanchez resists casting promiscuity as the ethical, queer alternative to monogamy, tracing instead how ideals of sexual liberation are themselves attached to nascent racial and economic hierarchies. Because discourses of fidelity and freedom are also discourses on racial and sexual positionality, excavating the complex historical entanglement of faith, race, and eroticism is urgent to contemporary queer debates about normativity, agency, and relationality. Deliberately unfaithful to disciplinary norms and national boundaries, this book assembles new conceptual frameworks at the juncture of secular and religious thought, political and aesthetic form. It thereby enlarges the contexts, objects, and authorized genealogies of queer scholarship. Retracing a history that did not have to be, Sanchez recovers writing that inscribes radical queer insights at the premodern foundations of conservative and heteronormative culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War (Cambridge University Press, 2019) shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin, Professor of History at Eastern Washington University, demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, secession vs. union, and counter-majoritarianism vs. democracy. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College 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

Amanda L. Tyler is the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, published by Oxford University Press in 2017. Habeas Corpus in Wartime is a comprehensive history of the writ of habeas corpus in Anglo-America. From its early beginnings, to the English Habeas Corpus Act of 1679, to its suspension during the American Civil War, to WWII internment camps, to the War on Terror, Tyler provides a compelling look at how important the writ has been during wartime. Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law. Her areas of research include the federal judiciary, separation of powers, habeas corpus, civil procedures, and the emergency Constitution. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Hendrik Hartog about his book The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North (UNC Press, 2018). The Trouble with Minna is also used as a vessel to explore some of the topics discussed in Law and Social Inquiry's May 2019 “Review Symposium: Retrospective on the Work of Hendrik Hartog.” Hartog is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty, Emeritus at Princeton University. This episode is the first in 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. In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna’s case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a “mere voluntary courtesy”—became routine in a wide range of subsequent cases about “good Samaritans.” Using Minna’s case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world. 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

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State: Liberal Anxieties and the New Leviathan, 1930-1970 (University of Pennsylvania Press, 2015) traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne M. Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks. Stephen Colbrook is a graduate student at University College London, where he is researching a dissertation on the interaction between HIV/AIDS and state policy-making. This work will focus on the political and policy-making side of the epidemic and aims to compare the different contexts of individual states, such as California, Florida, and New Jersey. Stephen can be contacted 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

Today I talked to Matthew Crow about his book Thomas Jefferson, Legal History, and the Art of Recollection, published by Cambridge University Press in 2017. Crow studies how Jefferson’s association with legal history was born out of America’s long history as part of an early modern empire and the political thought which preceded him. By examining how Jefferson’s own development within this world, Crow finds that legal history was a mode of organizing and governing collective memory, which Jefferson deployed in his own constitutional, political, and racial thinking. Matthew Crow Associate Professor of History at Hobart and William Smith Colleges. He specializes in Early American, intellectual, and constitutional history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bianca Premo’s award-winning book The Enlightenment on Trial: Ordinary Litigants and Colonialism in the Spanish Empire, published by Oxford University Press in 2017, makes a powerful yet seemingly simple claim: during the eighteenth century, illiterate ordinary litigants in colonial Spanish America created enlightened ideas and practices by suing their social superiors in higher numbers and with novel claims. By focusing on civil suits undertaken by women, indigenous groups, and the enslaved, Premo demonstrates a gradual shift from a justice-oriented system—focused on extralegal outcomes and casuistic jurisprudence—to a Enlightened law-oriented system—where ordinary litigants based their claims on natural rights, merit, and freedom. Such a transformation expanded through varied and diverse geographies; from metropolitan cities such as Mexico City and Lima, to rural indigenous regions of Oaxaca, and smaller, ethnically diverse, provincial cities such as Trujillo in Peru. As listeners will hear, The Enlightenment on Trial not only challenges traditional histories that have placed the origin of the Enlightenment solely in Western Europe, and in the minds of a few and select group of European men, but it also asks us to situate Latin America in a global conversation— one in which the ideas of ordinary citizens are the matter of intellectual history, and where our commonalities as humans are more important than our differences. This last point, as professor Premo reminds us at the end of the conversation, is an important lesson for our present, a moment in which arguments about radical alterity are used as a basis for exclusion. Instead, for Premo, it is important to highlight the histories that we share, the stories in which we all partake, and that we all need to recover from historical erasure. Lisette Varon-Carvjal is a graduate student in history at Rutger's University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Marijuana. Weed. Cannabis. Pot. Whatever term you use, this intoxicant and medical product leads to long discussions. Emily Dufton visits the podcast to talk about the ups and downs and highs and lows of cannabis in the United States, all detailed in her book Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). She sheds light on the pro-marijuana activism in the 1970s and anti-marijuana parents' movement in the 1980s. Overall, she recounts a fascinating story about the acceptance of demonization of weed and what this suggests about the present moment. Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recent scholarship locates the origins of mass incarceration in national anticrime policy from 1960 to 1990, and has drastically reframed the “punitive turn” in American politics as bipartisan. But how then, do we reckon with the fact that most police policy and funding is determined locally? In his new book, Occupied Territory: Policing Black Chicago From Red Summer to Black Power (UNC Press, 2019), Simon Balto argues that local police department policies and procedures left black Chicagoans “overpoliced and underprotected” far before mass incarceration began. Machinations in municipal politics is therefore essential to understanding how and why Chicago has been a flashpoint in national conversations about police. Building a picture of the carceral state from the bottom up, Balto shows that it was not Lyndon Johnson’s War on Crime, or Richard Nixon’s War on Drugs that turned the Chicago Police into an abusive and racist institution, but rather city and police officials’ response to the Great Migrations. Police violence is therefore cast not as the product of legislation, but of mendacious discourses of black criminality that police have acted upon for over a century. Patrick Reilly is a PhD student in History at Vanderbilt University. He studies US policing and surveillance in domestic and transnational contexts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Paul Finkelman, President of Gratz College, about his book Supreme Injustice: Slavery in the Nation’s Highest Court(Harvard University Press, 2018). Finkelman is a specialist on the history of slavery and the law. He is also the author of more than 200 scholarly articles and the author or editor of more than fifty books on a broad range of topics including American Jewish history, American legal history, constitutional law, and legal issues surrounding baseball. The three most important Supreme Court Justices before the Civil War―Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story―upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime―a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kevin Baron’s new book, Presidential Privilege and the Freedom of Information Act (Edinburgh University Press, 2019), is a fascinating analysis of the Freedom of Information Act (FOIA) and how this act, passed in the 1960s and signed by President Lyndon Johnson, has changed the ways that both the Executive Branch and the Legislature operate and engage with each other. Baron dives into the history of information and the role that access to information plays in supporting democracy. He explains much of the debate over freedom of information from the time of the Founding to the contemporary disputes about executive privilege and Congress’s right to information. By tracing the evolution of presidential privilege through the post-World War II period, the Cold War, the Red Scare, and the Watergate scandal, Baron examines the ways in which presidents and administrations have protected information, often in the name of national security, and the ways in which the Legislative branch has pursued access to that same information. This book explores the ongoing debates about transparency and secrecy in the government, how FOIA has become a tool for Congress to get relevant information from the Executive, and how the understanding and use of presidential privilege has grown and expanded within this same context. Through deep research, Presidential Privilege and the Freedom of Information Act provides the reader with institutional understandings, policy shifts and reactions, the political dynamics of many of the post-WWII administrations and congresses, all ultimately focusing on the idea of governmental information and the health of democracy. Lilly J. Goren is professor of Political Science at Carroll University in Waukesha, WI. She co-edited the award-winning 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

Kristin O’Brassill-Kulfan is the author of Vagrants and Vagabonds: Poverty and Mobility in the Early American Republic, published by New York University Press in 2019. Vagrants and Vagabonds focuses on the control over poor migrants’ mobility and how their movement shaped ideas of class, race, and status in the United States. Examining how local and state government’s criminalized vagrancy, O’Brassill-Kulfan illustrates that the vagrant, whether real of a figment of people’s imaginations, were crucial to the development of the state and ideas about community. Dr. O’Brassill-Kulfan is an instructor of public history at Rutgers University. She specializes in early American social and legal history, as well as public history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law