New Books in Law

In 1970s America, politicians began "getting tough" on drugs, crime, and welfare. These campaigns helped expand the nation's penal system, discredit welfare programs, and cast blame for the era's social upheaval on racialized deviants that the state was not accountable to serve or represent. Getting Tough: Welfare and Imprisonment in 1970s America (Princeton University Press, 2017) sheds light on how this unprecedented growth of the penal system and the evisceration of the nation's welfare programs developed hand in hand. Julilly Kohler-Hausmann shows that these historical events were animated by struggles over how to interpret and respond to the inequality and disorder that crested during this period. When social movements and the slowing economy destabilized the U.S. welfare state, politicians reacted by repudiating the commitment to individual rehabilitation that had governed penal and social programs for decades. In its place, they championed strategies of punishment, surveillance, and containment. The architects of these tough strategies insisted they were necessary, given the failure of liberal social programs and the supposed pathological culture within poor African American and Latino communities. Kohler-Hausmann rejects this explanation and describes how the spectacle of enacting punitive policies convinced many Americans that social investment was counterproductive and the "underclass" could be managed only through coercion and force. Getting Tough illuminates this narrative through three legislative cases: New York's adoption of the 1973 Rockefeller drug laws, Illinois's and California's attempts to reform welfare through criminalization and work mandates, and California's passing of a 1976 sentencing law that abandoned rehabilitation as an aim of incarceration. Spanning diverse institutions and weaving together the perspectives of opponents, supporters, and targets of punitive policies, Getting Tough offers new interpretations of dramatic transformations in the modern American state. 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 Illinois. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Are we in the midst of a psychedelic renaissance? If so, what can we learn about the present moment through the history of psychedelic experiments in the past? Matt Oram discusses contemporary debates about LSD and MDMA and brings much-needed context with his new book, The Trials of Psychedelic Therapy: LSD Psychotherapy in America (Johns Hopkins University Press, 2018), Oram talks about the role of psychiatry and the pharmaceutical industry as well the field of drug regulation. He underlines, too, that the history of psychedelics is a lot more complicated than researchers have previously suggested. 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

How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. As Policing the Open Road: How Cars Transformed American Freedom (Harvard University Press, 2019) makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists "driving while black" had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law. 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

Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former Confederate President Jefferson Davis gripped the nation, as Americans debated law, war, and the Constitution. Nicoletti is the Class of 1966 Research Professor of Law at the University of Virginia School of Law. 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

Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former Confederate President Jefferson Davis gripped the nation, as Americans debated law, war, and the Constitution. Nicoletti is the Class of 1966 Research Professor of Law at the University of Virginia School of Law. 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

Jessica Lowe is the author of Murder in the Shenandoah: Making Law Sovereign in Revolutionary Virginia published by Cambridge University Press in 2019. Murder in the Shenandoah follows the criminal case against John Crane, a member of a prominent Virginian family, for the murder of a harvest worker employed by a neighbor. Lowe’s book looks at the pressing debates of the time over what equality before the law meant. By telling the story through the eyes of those involved in the case, Lowe illustrates how revolutionary debates about law became a central issue in the early years of the United States. Dr. Lowe teaches at the University of Virginia School of Law, and specializes in 18th and 19th-century American legal 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

Sam Erman is the author of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire, published by Cambridge University Press in 2018. Almost Citizens recounts the story of how Puerto Rico came to be part of the United States empire at the turn of the 20th Century. More specifically, Erman looks at how Puerto Ricans, U.S. legislators, presidents, judges, and a bevy of other people debated how Puerto Rico would be incorporated into the United States. The nexus for this debate centered on whether or not Puerto Ricans would be full citizens of the United States. Erman’s study illustrates the myriad of ways in which constitutional change occurs outside of the judiciary, showing how everyday people contributed to a radical shift in constitutional meanings of terms such as citizenship, alien, territory, and empire. The debates he shows within his book had a long lasting impact for the island and its people; an impact which is still felt today. Sam Erman is Professor of Law at the University of Southern California, where he studies constitutional law, legal history, and the Supreme Court. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anne Twitty is the author of Before Dred Scott: Slavery and Legal Culture in the American Confluence, 1787-1857, published by Cambridge University Press in 2016. Before Dred Scott looks at numerous freedom suits filed in the St. Louis circuit court in order to examine the legal history of slavery and freedom. In this area, known as the American Confluence, a unique legal culture developed characterized by a sophisticated and widespread knowledge of formal law. From enslaved people to slaveholder, Twitty illustrates the many ways people in this area were deeply enmeshed in law. Twitty is Associate Professor of History at the University of Mississippi. She studies 19th century American social and cultural history. More specifically, Twitty works on legal and labor history, slavery and freedom, gender and women’s history, and the history of the South and Midwest. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kimberly Welch is the author of Black Litigants in the Antebellum American South (University of North Carolina Press, 2018). Welch is Assistant Professor of History and Assistant Professor of Law at Vanderbilt University. Her book explores the history of free and enslaved black Americans use of local courts in the Cotton South. Largely focused on unpublished and unexplored lower court records from the Natchez district of Mississippi and Louisiana between 1800 and 1860, Dr. Welch’s study highlights the many ways black Americans were able to utilize a system, which was stacked against them, for their own benefit. 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

Bourbon whiskey has been around since nearly the beginning of the United States. Given that longevity, it has been part of the corporate law of the United States since the beginning of the corporate law of the United States. My guest today Brian Haara traces that interconnection in his new book Bourbon Justice: How Whiskey Law Shaped America (Potomac Book, 2018). “Bourbon,” Haara writes, “is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection.” As Brian traces the influence of bourbon on American legal history, and of litigation on the history of American bourbon, he also provides tasting notes for bourbons with connection to the cases he’s discussing. It’s an especially nice touch in a very nice book. Cheers! Al Zambone is a historian and the host of the podcast Historically Thinking. You can subscribe to Historically Thinking 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 The Politics of Annihilation: A Genealogy of Genocide (University of Minnesota Press, 2019),Benjamin Meiches takes a novel approach to the study of genocide by analyzing the ways in which ideas, concepts, and understandings about what genocide is and how it is to be prevented have become entrenched politically and intellectually. At the center of this analysis is what Meiches refers to throughout his text as the hegemonic understanding of genocide. Using what Michel Foucault describes as genealogy, Meiches set out to evaluate the process by which the concept of genocide has become intelligible. In doing so, Meiches offers significant evidence in support of many of the emerging critiques of the field of genocide studies. Meiches also inspires reflective and introspective thinking regarding the ways in which genocide scholarship contributes to the maintenance of a hegemonic understanding 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

Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein's book Sexual Injustice (University of North Carolina Press, 2013) examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his book, The Second Creation: Fixing the American Constitution in the Founding Era (Harvard University Press, 2018), Jonathan Gienapp revisits the Founding Era to retell the story of America’s favorite document. Looking at the Constitution’s creation, Gienapp makes a compelling case for why we should reconceptualize just what this document meant to early Americans. By examining the debates which gripped Congress immediately following the ratification of the Constitution, and throughout the 1790s, Gienapp illustrates how the very meaning of the Constitution, both as an idea and a text, was forged through partisan politics. If most Americans think of the Constitution as a fixed document, Gienapp shows how “fixing” the Constitution turned it into a “fixed” document. The Second gives us a new starting point for how to interpret the constitutional politics of the Early Republic, and the enduring image of the Constitution to our own day. Jonathan Gienapp is an assistant professor in History at Stanford University. He is a scholar of the Revolutionary Era and Early Republic. He’s principally interested in these period’s political culture, constitutionalism, and intellectual 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

Robert Louis Wilken, the William R. Kenan Professor Emeritus of the History of Christianity at the University of Virginia, has written an intellectual history of the ideas surrounding freedom of religion. Liberty in the Things of God: The Christian Origins of Religious Freedom (Yale University Press, 2019) offers a revisionist history of how the ideas of freedom of conscience and freedom of religion originated in the writings of the Christian fathers of the early Church, such as Tertullian and Lactantius, during the period when Christians were a persecuted sect of the Roman Empire. Wilken argues that it was not the political theorists of the Enlightenment who invented religious freedom in response to the wars of the Reformation, but rather the participants of the Reformation itself, including both Protestant and Catholic thinkers, who recovered ideas from the Roman-era Church fathers and used them to develop arguments about religious liberty for both individuals and faith communities. Wilken demonstrates that the concerns about whether faith could ever be enforced by the sword were present from the beginnings of Christianity. Wilken’s book helps inform our understanding of the origins of religious liberty, which is a concept of great import in contemporary debates about the meaning of the First Amendment’s Free Exercise and Establishment Clauses. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the intersections of race and ethnicity, borderlands studies, as well as the intersecting histories of citizenship, popular politics, national identity, emancipation, and labor. In the book, Dr. Miki explores the quandaries of citizenship in a multiracial society and challenges the idea that citizenship is an equally important and equally valued goal for everyone. The book not only demonstrates otherwise, but really helps the reader challenge these widely held assumptions in a compelling and grounded manner. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention. In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell undertakes this critical analysis. While there is a robust scientific consensus that there is no meaningful genetic basis for race, Russell’s analysis of the role of race in ARTs reveals that when it comes to producing kinship, race is still doing a great deal of work. Further, by arguing that race itself is a technology, Russell shows how race is both produced and productive, historically, as well as in everyday practices, techniques, and choices. While this analysis focuses on what race does in the contemporary realm of ARTS, it illuminates the role of race, in the past and now, in constructing social reality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States. She portrays the witness in non-traditional genocide court trials as the moral compass. In fact, many of these “moral witnesses” were not utilized for their testimony to identify perpetrators or mass murder, but rather a symbolic voice for survivor’s that would not normally be admissible in traditional legal proceedings. Dr. Dean is the Charles J. Still Professor of History and French at Yale University and is the author of several other books focused on morality and genocide. The Moral Witness is part of the Cornell University Press’s series Corpus Juris: The Humanities in Politics and Law. 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 debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational sources, including a burgeoning migrant press, police records, passports, forged travel documents, memoirs, and diplomatic cables, Fahrenthold uncovers ethnic associations and transnational networks of migrants who sought to contribute to the betterment of their homeland. Between the Ottomans and the Entente shows how mahjar (diaspora) communities grappled with a series of enormous changes to their homeland from the Young Turk Revolution (1908), to the dissolution of the Ottoman Empire after World War I, and the imposition of the French Mandate in 1920. The book vividly illustrates the precarious position Syrians and Lebanese found themselves in as they occupied a fraught liminal space in Ottoman, French, and American law. Even so, Fahrenthold stresses the agency of the Syrian and Lebanese diaspora, which organized, petitioned, recruited soldiers for the Entente, and engaged in contentious debates over what a post-Ottoman Middle East should look like. Written in the midst of the horrific Syrian refugee crisis, as well as a rising tide of xenophobia and trenchant nationalism around the globe, Fahrenthold's exploration of migration, citizenship, repatriation, and an early American "Muslim ban" invite the reader to reflect on both past and present. Stacy Fahrenthold is an Assistant Professor of History at the University of California-Davis, where she teaches courses on global migration and modern Middle East history. She earned her PhD in History from Northeastern University and previously taught at the University of California-Stanislaus. Joshua Donovan is a PhD candidate at Columbia University's Department of History. His dissertation examines national and sectarian identity formation within the Greek Orthodox Christian community in Syria, Lebanon, and the diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. In her book, “Trash,” Censorship, and National Identity in Early Twentieth-Century Germany (Cambridge University Press, 2016), Kara Ritzheimer explains how both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany. 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

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today. LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus. Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (University of Chicago Press, 2019). Ben Merriman’s new book explores what he calls uncooperative federalism. He finds a deliberate conservative strategy to use the courts and state executive power to resist federal influence in state affairs. He focuses especially on Kansas and the activity of far-right conservatives in the state who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Merriman — a sociologist by training — is an assistant professor at the School of Public Affairs & Administration at the University of Kansas. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” father. Paternity testing, she points out, has been used to different ends in different societies: it could identify an errant progenitor or reveal a mother’s liaison. A certain paternity test result could mean economic security for a child or put a person’s life in jeopardy. Moreover, Milanich reveals the uneven application of paternity testing that has tended to protect the most privileged groups in different societies. Paternity is a transatlantic study that moves from South America to Europe and the United States, and its chapters touch upon the histories of science and medicine, gender and the family, and immigration. The podcast features fascinating case studies set in Brazil and Argentina. This book’s reflections on the making of modern paternity speak to our own time, when, for example, the U.S. government is using DNA testing at the border to separate “real” kin from “fictitious” families, as Milanich explains to podcast listeners. The stakes of knowing the father go far beyond determining biological progenitors, and this book vividly reconstructs the political uses and cultural implications of the paternity test. Rachel Grace Newman is joining Smith College in July 2019 as Lecturer in the History of the Global South. She has a Ph.D. in History from Columbia University, and her dissertation was titled “Transnational Ambitions: Student Migrants and the Making of a National Future in Twentieth-Century Mexico.” She is also the author of a book on a binational program for migrant children whose families divided their time between Michoacán, Mexico and Watsonville, California. She is on Twitter (@rachelgnew). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Vory: Russia’s Super Mafia (Yale University Press, 2018) by Mark Galeotti is an engrossing read about a topic mainstream scholarship has largely ignored: Russia’s criminal underworld. With Galeotti as our guide, we delve into the colorful world of the vory v zakone or “thieves of the code,” with their flamboyant nicknames, esoteric rituals, and vibrant body tattoos, which Galeotti explains are very much a gangster’s CV. The Vory traces the development of the Russian underworld from the horse bandits and bank robbers of the nineteenth century, through the chaos of the Revolution and the Civil, when, as Galeotti says, “… the Bolsheviks won the war but lost their souls.” Galeotti’s scholarship shines through the section on the vast sea change that takes place when during The Terror as the gangsters are co-opted by the State to help regulate the Gulag system. The resulting “turf war” creates a new post-war type of gangster, the “avtorityet,” who adapt to service the needs of a society in chaotic transition. The Vory also looks at the ways the Putin administration has tamed the underworld, but also the ways in which the State and the underworld are now intrinsically linked; the government even outsources unseemly tasks to the underworld, as is clear in both the 2014 Annexation of Crimea and the ongoing frozen conflict in Donbas. Galeotti first became interested in Russian organized crime while interviewing veterans of Russia’s war with Afghanistan for his doctorate research. He noted that many of the Afgantsy were drifting into ranks of the vorovsky mir or “thieves world.” Since that time, he has delved into the topic with a unique methodology that fuses scholarship with personal encounter. It takes a special researcher to ride around Moscow’s dodgy neighborhoods in a rickety squad car wearing a well-used bullet-proof vest, but Galeotti’s time has certainly not been wasted. “The Vory” is a thrilling and gripping read filled with larger-than-life, compelling characters and spot-on historical analysis. It is marvelous window into a secret world that is constantly evolving. Jennifer Eremeeva is an American expatriate writer who divides her time between Riga, Latvia, and New England. Jennifer writes about travel, food, lifestyle, and Russian history and culture with bylines in Reuters, Fodor’s, The Moscow Times, and Russian Life. She is the in-house travel blogger for Alexander & Roberts, and the award-winning author of Lenin Lives Next Door: Marriage, Martinis, and Mayhem in Moscow. Follow Jennifer on Twitter, Instagram, and Facebook or visit jennifereremeeva.com for more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields. Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today. Ryan Tripp is adjunct history faculty for 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

Demetra Kasimis’s new book, The Perpetual Immigrant and the Limits of Athenian Democracy (Cambridge University Press, 2018) interrogates the role and unstable place of the metics (metoikoi) in Athenian society. The book focuses on three different presentations and discussions of the metics, in Euripides’ Ion, in Plato’s Republic, and in Demosthenes’ Against Euboulides. The metic, as Kasimis explores, is a classification of individuals within Athenian democracy for those who do not have Athenian blood—they are neither insiders nor outsiders. This whole class of people, who were free and enjoyed certain rights within the society, were, nonetheless, in a kind of liminal space, on the border between citizenship and those excluded from citizenship, like slaves, children, and others. The Perpetual Immigrant, which is the kind of position that metics found themselves in, since neither they nor their offspring could become citizens, exposes the “fraught and shifting meaning of the democratic citizen itself.” Kasimis deep research and theorizing about the metics, as discussed in these three classical texts, is not limited to ancient Athens, and the questions she considers are as important to pose to contemporary democracies as they were to Athenian democracy. Her work here, in this Cambridge University Press series, "Classics After Antiquity," is vital in a number of ways, since the arguments are not only about the substance of the text, but also about how and why we read texts. Thus, we learn a great deal from The Perpetual Immigrant in terms of the substance of classical texts, and our understanding who is or is not a citizen within a democracy, and how that contributes to the way that the democracy understands itself and those who live within it. We are also to consider, as readers and scholars, the way in which we read and why we read certain texts, what we hope to learn from them, and what makes them important to consider. This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We’re all familiar with the ways in which speech can cause harm. For example, speech can incite wrongful acts. And I suppose we’re also familiar with contexts in which a person who occupies a position of authority can harm others simply by speaking – as when a boss announced and thereby institutes a discriminatory office policy. In such cases, the announcement is itself a harm in addition to the harm of the instituted policy – the boss’s announcement constitutes a harm and does not only cause harm. Once we’ve see the ways in which authoritative speech can constitute harm, we might look for mechanisms other than speaker authority by means of which speech can be constitutively harmful. In her new book, Just Words: On Speech and Hidden Harm (Oxford University Press, 2019), Mary Kate McGowan identifies a previously overlooked mechanism by which speech can be harm. On her analysis, one needn’t be positioned in an authoritative role to speak in ways that constitute harm. Rather, everyday communicative acts can constitute – and not simply cause – harm. Mary Kate is the Margaret Capp Distinguished Alumna Professor of Philosophy at Wellesley College. She works primarily in metaphysics, philosophy of language, feminist philosophy, and philosophy of law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Practical Terrorism Prevention: Reexamining U.S. National Approaches to Addressing the Threat of Ideologically Motivated Violence (RAND Corporation, 2019), examines past countering-violent-extremism (CVE) efforts, evaluates Department of Homeland Security (DHS) and interagency efforts to respond to ideological radicalization to violence, and recommends strengthening programs focused on non-law enforcement means to address the threat of terrorism. The authors (Brian A. Jackson, Ashley L. Rhoades, Jordan R. Reimer, Natasha Lander, Katherine Costello, and Sina Beaghley) found that current terrorism prevention capabilities are relatively limited. Most initiatives are implemented locally or outside government, and only a subset receive federal support. Among interviewees in law enforcement, government, and some community organizations, there is a perceived need for a variety of federal efforts to help strengthen and broaden local and nongovernmental capacity. However, doing so will be challenging, since concerns about past counterterrorism and CVE efforts have significantly damaged trust in some communities. As a result, terrorism prevention policy and programs will need to focus on building trust locally, and designing programs and federal activities to maintain that trust over time. This books available open access here. 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

Outsiders: Why Difference is the Future of Civil Rights(Oxford University Press, 2019) by Zachary Kramer (Oxford University Press, 2019) sets forth an imaginative critique of the way that civil rights law currently fulfills its mission. Using stories that lucidly illustrate the gap between the aspiration of civil rights law and the lived reality, Professor Kramer proposes a new approach. Drawing on existing protections for disability and for religious practice, Professor Kramer outlines the way that a right to personality, combined with an accommodation-focused inquiry, could update and refresh our approach to civil rights. Zachary Kramer is Associate Dean of Faculty, Professor of Law, and Willard H. Pedrick Distinguished Research Scholar at the Sandra Day O'Connor College of Law at Arizona State University. Künga Tenje is an independent librarian in Virginia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ballot initiatives offer voters the chance to directly determine the outcome of state policy change. Do Americans who vote on initiatives grow in political efficacy and participate more in the future? Or is the initiative process ultimately undemocratic in the sense that those who participate grow less interested in participating over time? Ultimately, are there spillover effects of direct democracy? Joshua Dyck and Edward Lascher take on these questions in Initiatives without Engagement: A Realistic Appraisal of Direct Democracy’s Secondary Effects (University of Michigan Press 2019). Dyck is Associate Professor of Political Science and Co-Director of the Center for Public Opinion at the University of Massachusetts Lowell; Lascher, Jr is Professor of Public Policy and Administration at California State University, Sacramento. Initiatives without Engagement challenges what democratic reformers have thought about the initiative process since the Progressive Era. The findings suggest that ballot initiatives lead to higher voter turnout but not to higher political interest. There is also a partisan dimension to the findings. Independents are the least mobilized by ballot initiatives, while Republicans and Democrats are more likely to register to vote, possibly explained by the incentives of ideological political entrepreneurs who sponsor initiatives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The development of a whole suite of new reproductive technologies in recent decades has contributed to broad cultural conversations and controversies over the meaning of family in the United States. In Romancing the Sperm: Shifting Biopolitics and the Making of Modern Families (Rutgers University Press, 2018), Diane Tober analyzes how sperm donation fits into this larger landscape of reproductive choices, politics, and policies. Drawing on a rich body of interviews conducted in the 1990’s with people who worked at sperm banks, people who donated sperm, and people who sought to become pregnant by using donated sperm, she illuminates the many motivations that lead people to become involved in alternative processes of family formation. She also demonstrates that a certain kind of “romance” – that is, the imaginative creation of a romantic ideal – can still permeate people’s ideas and experiences of creating children with donor sperm, despite the medicalization of the process. This book will be useful not only for those who are interested in medical anthropology and the anthropology of reproduction, but also anyone who wants to rethink traditional notions of family formation. Dannah Dennis is an anthropologist who studies citizenship, nationalism, and social media, primarily in Nepal. You can find her work at her website and her random musings on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford University Press, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Campaigns against prostitution of young people in the United States have surged and ebbed multiple times over the last fifty years. Carrie Baker's Fighting the US Youth Sex Trade: Gender, Race, and Politics (Cambridge University Press, 2018) examines how politically and ideologically diverse activists joined together to change perceptions and public policies on youth involvement in the sex trade over time, reframing 'juvenile prostitution' of the 1970s as 'commercial sexual exploitation of children' in the 1990s, and then as 'domestic minor sex trafficking' in the 2000s. Based on organizational archives and interviews with activists, Baker shows that these campaigns were fundamentally shaped by the politics of gender, race and class, and global anti-trafficking campaigns. The author argues that the very frames that have made these movements so successful in achieving new laws and programs for youth have limited their ability to achieve systematic reforms that could decrease youth vulnerability to involvement in the sex trade. 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 New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019). The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class. “There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College. In the podcast, Theoharis shows how African-Americans have faced discrimination in everything from pre-Civil War legal codes in New York, to 20th-century government programs like Social Security and the G.I. bill. She and Harpaz also discuss the ways in which the legacy of these racist policies persist today in public education, the criminal justice system, and other aspects of American society. 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 an article of faith in many circles that the most effective and efficient way to solve a broad range of local and national problems is through public-private partnerships. What’s not to like? Especially in a climate in which people think resources are scarce, seeking out help from corporate actors seems an obvious win-win. But it’s not. Listen to Jonathan H. Marks discuss The Perils of Partnership: Industry Influence, Institutional Integrity, and Public Health (Oxford University Press, 2019), and the public harm and private profiteering that are too often the result of these relationships. 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

Moral and political theorists have paid a healthy amount of attention to states’ rights to determine who may reside within their territory. Accordingly, there’s a large literature on immigration, borders, asylum, and refugees. However, relatively little work has been done on questions concerning how refugees are treated once they have gained access to a new country; and from these questions emerge additional issues concerning the repatriation of refugees. As it turns out, there are several global organizations involved in efforts to make repatriation accessible to refugees. However, it is frequently the case that repatriation is dangerous and risky; and often the refugees’ desire to repatriate is arguably non-voluntary. Distinctive moral concerns quickly into view. In The Ethics and Practice of Refugee Repatriation (University of Edinburgh Press, 2018), Mollie Gerver systematically addresses these distinctive moral questions. Combining philosophical analysis with testimonial data from extensive field work with refugees, she makes concrete policy recommendations for navigating this fraught moral landscape. 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 Form of the Firm: A Normative Political Theory of the Corporation (Oxford University Press, 2018), Abraham Singer essentially marries together two disciplinary schools of thought and approaches to understand and consider the corporate firm. In his work, Singer takes seriously the idea, structure, function, and position of the firm, as distinct from markets, within modern societies. Singer notes that the thrust of the book is “to articulate a normative theory of the corporation that synthesizes economic and political insights” and positions these understandings within the political and economic realities of contemporary capitalism and liberalism. Singer analyzes and explores the historical and theoretical development of firms and corporations, integrating economic and political theory as the dual lenses through which to consider not only the firms themselves but also their position and function within political societies, since “corporations serve economic ends, but through political means.” The Form of the Firm considers how and in what ways firms can and should contribute to and sustain the values, particularly the political values, that define and inform the world in which they exist. This analysis has broad and interdisciplinary appeal, especially for political theorists, economists, political scientists, managerialists, legal and regulatory experts, ethicists, and those in corporate governance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Five decades ago, Native American leaders launched a crusade to force museums to return their sacred objects and allow them to rebury their kin. Today, hundreds of tribes use the Native American Graves Protection and Repatriation Act to help them recover their looted heritage from museums across the country. As senior curator of anthropology at the Denver Museum of Nature & Science, Chip Colwell has navigated firsthand the questions of how to weigh the religious freedom of Native Americans against the academic freedom of scientists and whether the emptying of museum shelves elevates human rights or destroys a common heritage. Winner of the 2019 National Council on Public History Book Award, Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America's Culture(University of Chicago Press, 2017) offers Colwell's personal account of the process of repatriation, following the trail of four objects as they were created, collected, and ultimately returned to their sources: a sculpture that is a living god, the scalp of a massacre victim, a ceremonial blanket, and a skeleton from a tribe considered by some to be extinct. These specific stories reveal a dramatic process that involves not merely obeying the law, but negotiating the blurry lines between identity and morality, spirituality and politics. Things, like people, have biographies. Repatriation, Colwell argues, is a difficult but vitally important way for museums and tribes to acknowledge that fact—and heal the wounds of the past while creating a respectful approach to caring for these rich artifacts of history. Ryan Tripp is adjunct history faculty for 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 Ethical Loneliness: The Injustice of Not Being Heard (Columbia University Press 2015, paperback 2018), Jill Stauffer argues that survivors of unjust treatment and dehumanization can experience further harm when individuals and institutions will not or cannot hear the survivors’ claims about what they suffered and what they are owed for having suffered. She calls this further harm “ethical loneliness.” With Stauffer’s analysis, the harm of ethical loneliness can lead us to rethink how we understand responsibility for harm, the work of repair, the role of retribution in repair, and how we are constituted as subjects such that we are capable of striving to undo unjust deeds, even mass atrocities. Focused on hearing and what practices of hearing justice demands, Stauffer looks to survivors’ stories to analyze how the harm of ethical loneliness can be inflicted, even by people with intentions to help and survivors. She then shows how revisionary and reparative work can be done to hear those stories with an ear to how the world may need to change in light of survivors’ claims. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In recent years, the treatment of African Americans by police departments around the country has come under increased public scrutiny. As any student of the longer historical relationship between law enforcement and people of color will know, this relationship has been the subject of tension and scrutiny at many moments in the past as well. In his new book, Policing Los Angeles: Race, Resistance, and the Rise of the LAPD (University of North Carolina Press, 2018), Max Felker-Kantor examines this multi-racial relationship in the key city of Los Angeles. The book begins with the uprising of the Watts neighborhood in August 1965, where decades of frustration with urban poverty and racial discrimination along with anger at racist police practices exploded in violence. The book then traces the subsequent decades of policing and anti-police abuse activism. During this time, reforms were common, yet real change was often difficult to achieve as symbolized by the 1992 rebellion, sparked by some of the same issues that caused the previous Watts uprising. In this episode of the podcast, Felker-Kantor discusses this history of policing and importantly, the way LA communities of color mobilized to reshape law enforcement in the city. He highlights both the achievements and limitations of their reform. He also discusses both the possibilities and limits of urban political reformers working within city government and the ways in which the police themselves became a political force. Finally, Felker-Kantor discusses some of the little-used archival sources he examined for this project in light of the notorious difficulty historians have faced obtaining access to law enforcement records for histories of policing. Christine Lamberson is an Associate Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. 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

Hard won transgender rights have been under attack by the Trump administration. Officials across government have sought to overturn decisions made by the Obama administration to expand rights to transgender people. Who fought those battles and continues to lobby to defend the transgender community is the topic of Anthony Nownes' new book Organizing for Transgender Rights: Collective Action, Group Development, and the Rise of a New Social Movement (SUNY Press, 2019). Nownes is professor of political science at the University of Tennessee, Knoxville. In the book, Nownes uncovers the rise of transgender rights interest groups in the United States. Based on extensive interviews with the founders and leaders of many of these groups. Organizing for Transgender Rights not only shows how these groups formed but also how they mobilized and survived. The book contributes to better understanding this social movement and also the ways that interest groups develop. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Between 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a 'moral contagion' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by Antebellum free people of color, by people afflicted with 'moral contagion’. In his new book Moral Contagion: Black Atlantic Sailors, Citizenship, and Diplomacy in Antebellum America(Cambridge University Press, 2019), Michael A. Schoeppner tells their story. Listen in. Adam McNeil is PhD student in History at the University of Delaware where he is an African American Public Humanities Initiative and Colored Conventions Project Scholar. He received his M.A. in History at Simmons College in 2018 and his B.S. in History at Florida Agricultural and Mechanical University in 2015. Follow him @CulturedModesty on Twitter to learn more about upcoming interviews. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jeff McMahan is White’s Professor of Moral Philosophy at the University of Oxford. His research focuses broadly on moral and political philosophy, and is perhaps best known for his work on the moral issues surrounding killing and letting die. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Parents, teachers, feminists, conservatives, lawyers, the concerned citizen – pornography raises everyone's hackles. Author Richa Kaul Padte approaches pornography with a combination of light-hearted camaraderie and intellectual curiosity instead. Taking seriously the notion that every individual has sexual rights, Kaul Padte explores the twinned fates of gendered representations and subjectivity in our digital age. Cyber Sexy: Rethinking Pornography (Penguin Viking, 2018) is smart and funny in equal measure. Discussions on the need to move away from obscenity clauses in the Indian constitution to a more nuanced understanding of consent, and the questions of inequality that lie at the heart of consent, are punctuated by first hand accounts of online sexual experiences (including some of Padte's own). Never pedantic, the book closes with a call for radical empathy as we collectively struggle towards a more open and accepting social order. Richa Kaul Padte is an independent writer currently living in Goa, India. She edits and writes for Deep Dives, a longform digital imprint working at the intersections of sex, gender and technology. Cyber Sexy is her first book. Find Richa on Twitter @hirishitatalkies. Madhuri Karak holds a Ph.D. in cultural anthropology from The Graduate Center, City University of New York. She tweets @madhurikarak and more of her work can be found here. 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 information age, knowledge is power. Hence, facilitating the access to knowledge to wider publics empowers citizens and makes societies more democratic. How can publishers and authors contribute to this process? This podcast addresses this issue. We interview Professor Austin Choi-Fitzpatrick, whose book, The Good Drone: How Social Movements Democratize Surveillance (forthcoming with MIT Press) is undergoing a Massive Online Peer-Review (MOPR) process, where everyone can make comments on his manuscript. Additionally, his book will be Open Access (OA) since the date of publication. We discuss with him how do MOPR and OA work, how he managed to combine both of them and how these initiatives can contribute to the democratization of knowledge. You can participate in the MOPR process of The Good Drone through this link: https://thegooddrone.pubpub.org/ Felipe G. Santos is a PhD candidate at the Central European University. His research is focused on how activists care for each other and how care practices within social movements mobilize and radicalize heavily aggrieved collectives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Andrew T. Fede is a lawyer in private practice in northern New Jersey and an adjunct professor of law at Montclair State University. His new book Homicide Justified: The Legality of Killing Slaves in the United States and Atlantic World (University of Georgia Press, 2017) is a comparative account of slave homicide law in the American colonies and states, covering the period from the early 17th century through the American Civil War. Professor Fede’s account traces the variations in restrictions on slave owners and third parties’ treatment upon the murder of a slave. The harsh, often lethal, conditions of servitude in the Caribbean seem to have shaped the willingness (usually unwillingness) of slave owners and elected officials in these island to restrict what masters could do to their slaves. Whereas in the mid-Atlantic and northeastern colonies, restrictions were somewhat more easily countenanced. Fede reveals the details of murder prosecutions against slave masters, overseers and third-party non-owners and the limits such prosecutions faced in courts. 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

Eddie Glaude Jr. is James S. McDonnell Distinguished University Professor in the Department of Religion, and Chair of the Department of African American Studies, at Princeton University. He is the author of An Uncommon Faith: A Pragmatic Approach to the Study of African American Religion. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Martha S. Jones, in her excellent new book Birthright Citizens: A History of Race and Rights in Antebellum America(Cambridge University Press, 2018), weaves together the legal and constitutional dimensions of citizenship—from the Founding documents and law cases with which many scholars and students are familiar—with the daily civic engagement of African-Americans as they took part in public life and the rights of citizens. This political, historical, and legal analysis focuses particularly on the antebellum experiences of black Americans in Baltimore, Maryland, just miles from the U.S. Capital, but also vital as the largest free black community in the U.S. in one of the largest cities in the United States before the Civil War. Birthright Citizens takes the question of what defines and makes an individual a citizen, legally, and how that is performed and engaged in a granular or daily way, and delves into the historical record of black Americans in Baltimore, exploring how individuals took on the qualities and actions of citizens before the 14th Amendment. Jones’ deeply researched work is, as she notes, “a history, told through a series of disruptive vignettes, that suggests how people without rights still exercised them.” This is a fascinating marrying together of the structural and legal parameters of citizen rights and denials of those rights for many black Americans, both free and enslaved, and the ideas and actions pursued and taken by African-Americans in an effort to act like and thus be citizens. As we continue to consider the idea of citizenship, which remains less fixed and clear as a concept or legal construct, this analysis lays out the fluid and evolving understanding of the idea and daily functioning of citizenship in the early years of the republic and, particularly, in context of free, formerly enslaved, and enslaved black Americans in the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Birth control, and the access to it, has continued to be a divisive issue in American political and social life. While birth control has almost become shorthand for “the pill,” a wide range of birth control methods have been in the American lexicon for the better part of its history. In his new book, Birth Control and American Modernity: A History of Popular Ideas (Cambridge University Press, 2018), Trent MacNamara explores the ways in which birth control was talked about, debated, and eventually accepted in the 20th century. Rather than having one centralized movement and leadership structure, MacNamara traces the multiple avenues in which birth control entered the lives of everyday Americans and gained social acceptance. Talking in conjunction with established historiography while also adding important perspectives, MacNamara’s book is a must-read for anyone interested in the birth control movement, social change, and large historical change. 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 book Suspect Citizens: Women, Virtue, and Vice in Backlash Politics (Temple University Press, 2012), Jocelyn M. Boryczka explores the fraught position that women find themselves in as citizens of the United States. She examines this complex position within the parameters of virtue and vice, the dichotomy through which women, their behavior, and their role in the republic are usually situated and interpreted. Explaining that women are often given the moral responsibility for the care and perpetuation of the country, Boryczka concentrates on demands that women hew to a standard of virtue, and if they deviate from that standard, they are often blamed for the failings or problems that afflict the entire country. This precarious position is where these suspect citizens, women, find themselves and have often found themselves across the history of the country itself. The book delves into the historical positioning of women within this dichotomous frame and traces distinct political moments when different groups of women engaged in aspects of citizenship and, often, how those acts of political engagement then generated a backlash to female political involvement. Boryczka puts these historical flashpoints into non-linear engagement with each other, often seeing parallel outcomes or political approaches from distinct events and situations. For anyone interested in the question and complexity of citizenship, this is yet another important analysis, especially in considering the more precarious position of some citizens within the republic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michele F. Margolis is assistant professor of political science at the University of Pennsylvania. She has recently published a book titled From Politics to the Pews: How Partisanship and the Political Environment Shape Religious Identity. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law