New Books in Law

In American Sutra: A story of Faith and Freedom in the Second World War (Harvard University Press, 2019), Duncan Ryūken Williams recenters the role of faith in the Japanese-American experience in WWII by showing how religious differences underlay the injustices that they suffered before, during, and after the war. American Sutra is also an inspiring account of how Japanese-Americans embodied faith, ingenuity and sacrifice in the face of great adversity. At a time when the religious dimensions of American identity are being contested, American Sutra is a timely book about how Japanese-Americans forged, with their blood, sweat and tears, a space in American identity where it’s possible to be Japanese, Buddhist and American. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The law does things, writes David Ray Papke, and it says things, and if we are talking about poor Americans, especially those living in big cities, what it does and says combine to function as powerfully oppressive forces that can much more likely be counted on to do harm than good. Join us as we discuss Papke's book Containment and Condemnation: Law and the Oppression of the Urban Poor (Michigan State University Press, 2019) and learn about how law functions in the lives of poor people in the U.S. today. 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

Debra Thompson, in her award-winning* book The Schematic State: Race, Transnationalism, and the Politics of the Census (Cambridge University Press, 2016), explores the complexities of the politics of the census. This book, which unpacks the census itself, leads the reader to consider how this mundane tool actually translates the abstraction of the state into a concrete entity, and, at the same time, how this tool has been and is used in contradictory ways in regard to the issue of race. Thompson, in exploring the census, contextualizes her analysis within three case studies: the United States, Canada, and the United Kingdom. She examines these cases over the course of more than 200 years of history and data, and she traces the shifts and changes in terms of racial categorization on the census, noting the fluid nature of understandings of race as applied to the citizen body in each of these countries, and how race was made legible by the census. The Schematic State also digs into the state, how it makes use of the data that is gleaned from the census, and what these uses suggest in terms of the instrument of the census. This book will be of interest to a variety of scholars and lay people, since the text and the research knit together different fields within and beyond political science, including comparative politics, critical race studies, critical legal studies, political theory, public policy, institutional political development, and statistical studies. *Winner, 2017 Race and Comparative Politics Best Book Award, Race, Ethnicity and Politics Section, American Political Science Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Corey Brettschneider is Professor of Political Science at Brown University, and Visiting Professor of Law at Fordham University. His work is focused in democratic theory and constitutional law. His most recent book is titled The Oath and the Office: A Guide to the Constitution for Future Presidents. 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

Thanks to the efforts of activists concerned that the problem of “battered women” was being ignored -- and treated as a private, family matter rather than a broader social problem -- since the 1980s interpersonal/domestic violence has been treated as a criminal act enforced by the institutions of American criminal justice. But too seldom have we asked if this approach has actually worked. In her powerful and provocative new book, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (University of California Press, 2018), Leigh Goodmark asks us to evaluate the effects of criminalizing domestic violence and to consider what might be gained by thinking about interpersonal violence as a problem of economics, public health, community, and human rights. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book, Matthew Longo takes the reader on an unusual journey, at least within political theory, since his work combines a normative political theory approach with an ethnographic approach to understand both the conceptual and actual issue of borders as spaces that separate and distinguish states and nations, and individuals and citizens. The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11 (Cambridge University Press, 2017) is not simply about the border because, as the book makes clear, borders are in no way simple, and what Longo has pursued in his work is the complexity that encompasses the theoretical idea of the border but also how and why borders are more diverse in understanding than we often ascribe to them. Longo interrogates what a border actually is, noting that the space itself is not quite the thin line between states that we often assume it to be, but a physical area that is co-administered by bordering nations, often collaboratively, thus blurring the line or space of sovereignty. Threaded throughout the book is the ongoing question of what constitutes citizenship, since borders and citizenship are braided together though the structures of the state, and the considerations of who is and is not permitted membership within a state. Longo has also included a substantial exploration of the role of technology and data in the actual understanding of how border security works in practice. This section of the analysis is particularly important to consider because, according to Longo, the focus on the individual and their data profile, shifts the understanding of state sovereignty and the responsibility for definitions of citizenship. This book is incredibly topical in a variety of areas, not least in the way that it contributes to our thinking about the border itself as a space and as a concept, the role of the state, and the growing domain of data and technology and how they are shaping ideas of citizenship. 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

In Sins Against Nature: Sex and Archives in Colonial New Spain (Duke University Press, 2018), Zeb Tortorici analyzes a vast corpus of documents in order to understand how sex acts that were considered out of the norm were understood for over three centuries of Spanish control. Men and women often engaged in ‘unnatural’ sexual acts that not only revealed the relations of power in colonial society, but also the close interaction that archivists and historians have had with their stories. Sodomy, bestiality, priests soliciting during confession, as well as masturbation induced by erotic fantasies with saints and other religious characters, all disclose the role that religious and ecclesiastical institutions, archives, and historical analysis have had in erasing subjects, misclassifying them, or openly discounting their importance. Tortorici’s analysis proves that in order to reconstruct the past it is central to understand how documents were kept and categorized. Pamela Fuentes is Assistant Professor in the Women’s and Gender Studies Department-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book, Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe (University of Wisconsin Press, 2018), Dagmar Herzog examines the relationship between reproductive rights and disability rights in contemporary European history. In a study that appeared in the George L. Mosse Series in Modern European Cultural and Intellectual History, Herzog uncovers much that is unexpected. She analyzes Protestant and Catholic theologians that were pro-choice in the 1960s and 1970s; the ways in which some advocates of liberalized abortion access displayed hostility to the disabled; the current backlash against women’s reproductive rights in Europe fueled in part by activists presenting themselves as anti-eugenics and pro-disability; and the impressive advances in disability rights inspired by submerged, contrapuntal strands within psychoanalysis and Christianity alike. An outstanding contribution to the histories of religion, sexuality, and disability rights, this book is essential reading for anyone interested in post-1945 Europe. Michael E. O’Sullivan is Associate 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

Hidetaka Hirota is an Assistant Professor in the Institute for Advanced Study at Waseda University in Tokyo, Japan. Prior to his current position, he was a Mellon Research Fellow in the Society of Fellows in the Humanities at Columbia University and taught at the City University of New York-City College. Dr. Hirota’s book, Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (Oxford University Press, 2018) has received awards from the Immigration and Ethnic History Society, the New England American Studies Association, and the American Conference for Irish Studies, and Dr. Hirota’s book also received a special commendation for the Massachusetts Historical Society book prize. Dr. Hirota’s book focuses on state legislation policies of immigration control in New York and Massachusetts. Dr. Hirota asserts those laws come to act as a framework for subsequent federal policy. While most American Studies scholars have mostly aligned with the dominant theory that our nation had open borders prior to the Chinese Exclusion Act of 1882, Hirota’s research reveals that prior to the 1880s laws of exclusion and deportation were used to to rid communities of the poor and infirm. "Hidetaka Hirota's Expelling the Poor is an exceptional, deeply researched, and timely study that transforms our understanding of U.S. immigration history and of Irish American studies. Shockingly, Hirota demonstrates that in the mid-nineteenth century Massachusetts and New York officials, inspired by nativism, anti-Catholicism, and what would now be called neoliberalism, excluded and/or deported roughly 100,000 would-be immigrants to the United States: mostly Irish paupers, many of them helpless widows and orphans, often expelled in the cruelest and most autocratic manner. As Hirota also shows, these vicious state policies were later adopted on the federal level, and, indeed, they are implemented today against the immigrants and refugees that US economic and foreign policies have uprooted from their homes."​--Kerby A. Miller, author of ​Emigrants and Exiles: Ireland and the Irish Exodus to North America. 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 most new book Fight the Power: African Americans and the Long History of Police Brutality in New York City (NYU Press, 2018), Clarence Taylor, dean of the history of the civil rights movement in New York, looks at black resistance to police brutality in the city, and institutional efforts to hold the NYPD accountable, since the late 1930s and '40s. ​“Many people think that police brutality is a recent phenomenon,” says Taylor, professor emeritus at Baruch College and The Graduate Center of City University of New York. But, in fact, it has a long, sordid history, going back even further than the years covered in this new book. And long before the era of cellphones, black newspapers did their own investigations when men, women, and children were beaten or killed by the police. (Louis Lomax, the first African-American journalist to appear regularly on television news, commented in the early 1960s that, if not for police brutality, the black press would have "considerable blank space.") Taylor also looks at the history of the Civilian Complaint Review Board, first proposed after the Harlem riots of 1935 and 1943. La Guardia and the mayors who followed refused to challenge the NYPD’s power, which is why it took nearly fifty years to establish an independent public agency to investigate allegations of abuse. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Peyote occupies a curious place in the United States and Mexico: though prohibited by law, its use remains permissible in both countries for ceremonial practices in certain religions. As Alexander S. Dawson reveals in The Peyote Effect: From the Inquisition to the War on Drugs (University of California Press, 2018), this anomalous position is nothing new, as it existed as far back as the prohibitions on the use of peyote by non-Indians imposed by the Inquisition in Mexico during the colonial period. Though this ban ended with Mexico’s independence, it was not until chemists in Germany and the United States began investigating peyote’s properties in the late 19th century that its usage spread outside of Native American communities. Fears of the drug’s psychoactive effects led to a succession of state-level U.S. bans in the early 20th century, yet these were usually fragmentary in their scope, allowing for its continued usage by Native American communities outside their jurisdictions. The broader use of peyote as a hallucinogen in the 1950s led to more general efforts to outlaw it, yet the exemptions granted for its use by Native Americans in religious practices creates a distinction between them and the larger population akin to the one that existed during the colonial era hundreds of years ago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

John Witte, Jr.'s The Western Case for Monogamy over Polygamy (Cambridge University Press, 2018) is an extensively researched book showcasing the author's deep knowledge and experience in the field of family and religious law. It traces the legal origins of European monogamy from the classical period to the present. Originally conceived as a brief for an advisory opinion to a Canadian court, Witte transformed this assignment into a work that not only explores the history of European marital law, but argues that monogamy is positive for society. It considers not just the legal, but also the moral and religious arguments for this institution. He joins us from Atlanta. Jeffrey Bristol is a PhD candidate in Anthropology at Boston University and a JD candidate at the University of Michigan Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At a speech before the unveiling of the Freedman’s Monument in 1876, Fredrick Douglass stated, “You are the children of Abraham Lincoln. We are only at best his step-children; children by adoption, children of circumstances and necessity.” But who was Douglass referring to when he said "You are the children of Abraham Lincoln" and what did he mean? Dr. William Green investigates this statement in a case-study of four whites from Minnesota who fought hard and won rights for black Americans during and after the Civil War. By evaluating the actions of Morton Wilkinson, Thomas Montgomery, Daniel D. Merrill, and Sarah Burger Stearns, Dr. Green shows how black suffrage was earned in Minnesota, leading the so-called children of Lincoln to say, “We have done our part.” The Children of Lincoln: White Paternalism and the Limits of Black Opportunity in Minnesota, 1860–1876(University of Minnesota Press, 2018) is a fascinating, well-researched book about the limits of black opportunity in Minnesota with remarkable parallels to today’s social and political climate. Dr. William Green is professor of history at Augsburg University and vice president of the Minnesota Historical Society. Dr. Green received his B.A. in History from Gustavus Adolphus College, and his M.A., Ph.D., and J.D. from the University of Minnesota. Colin Mustful has a M.A. in history from Minnesota State University, Mankato, and is currently a candidate for a M.F.A. in Creative Writing from Augsburg University. You can learn more about his work at his website: www.colinmustful.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How is it that “liberalism” is a word so ubiquitous and yet we can hardly seem to agree on its meaning? In her book The Lost History of Liberalism: From Ancient Rome to the Twenty-First Century (Princeton University Press, 2018), Helena Rosenblatt traces the history of the words “liberal” and “liberalism” in order to understand how liberals defined themselves, and what they meant when they spoke about liberalism. In recovering liberalism’s roots in the French Revolution, as well as highlighting the centrality of the German thinkers who transformed it, Rosenblatt debunks the myth of liberalism as an Anglo-American tradition centered on individual rights. Emily K. Crandall is a PhD candidate in Political Science at the Graduate Center, CUNY. She is a fellow at the Center for Global Ethics and Politics in the Ralph Bunche Institute for International Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book would be a great addition to any graduate level course on families, as it gives a solid background of the history of the LGBTQ movement as well as attitudes shifts toward gay marriage. Sarah E. Patterson is a postdoc at the University of Western Ontario. 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

How did the search for Nazi fugitives become a vehicle to oppose South American dictatorships? Daniel Stahl’s award-winning new book traces the story of three continents over the course of half a century in Hunt for Nazis: South America's Dictatorships and the Prosecution of Nazi Crimes (Amsterdam University Press, 2018). Through a rich transnational history, Daniel traces the ebb and flow of political will alongside the cooperation between far flung governments and civil society groups. The result is unique insight into how post-war justice became a battleground for the legitimacy of authoritarian regimes. Daniel Stahl is a research associate at the Friedrich Schiller University Jena. Hunt for Nazis was distinguished with the Opus Primum award from the Volkswagen Foundation. Stahl has also worked on the Independent Historian’s Commission on the History of the German Foreign Office and is currently researching a history of arms trade regulation in the 20th century. Ryan Stackhouse is a historian of Europe specializing in modern Germany and political policing under dictatorship. His research exploring Gestapo enforcement practices toward different social groups is nearing completion under the working title A Discriminating Terror. He also cohosts the Third Reich History Podcast and can be reached at [email protected] or @Staxomatix. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Harkening back to the tribunal on Vietnam once convened by Bertrand Russell and Jean-Paul Sartre, the World Tribunal on Iraq (WTI) emerged in 2003 from the global antiwar movement that had mobilized against the invasion and subsequent occupation of Iraq by a US-led coalition. This decentralized, transnational network of antiwar activists attempted to document and give grounds for the prosecution of war crimes committed by the allied forces. Ayça Çubukçu's For the Love of Humanity: The World Tribunal on Iraq (University of Pennsylvania Press, 2018) is a remarkable investigation of the WTI, combining extensive ethnographic fieldwork with close readings of political and legal theory. Çubukçu provides on the ground accounts of the debates and discussions within the WTI, reading them with and as examples of political philosophy in action. The book engages with urgent questions about the challenges and potentials of horizontal, network forms of political action, transnational politics across differences, and perhaps most fundamentally, with the challenges any anti-imperialist politics faces today. Through her careful, incisive analysis, Çubukçu convincingly shows that the language of law and global human rights was not merely cynically appropriated by those who pushed for the war on Iraq. Instead, in complex ways, the ideals of international law and human rights underwrote both the arguments for the war in Iraq and the anti-war praxis of the WTI. The book thus complicates any attempt to, as the author puts it, simply counterpose “law’s empire” with “empire’s law”, raising critical questions about the relationship between law, human rights, imperialism, and cosmopolitanism. Required reading for those interested in the contradictions of imperialism and anti-imperialism today, Çubukçu's study attests to the promise and peril captured in the phrase “the love of humanity”. Kamran Moshref is a PhD candidate in Political Science at The Graduate Center, CUNY. He is a Graduate Fellow at the Center for Global Ethics and Politics at the Ralph Bunche Institute for International Studies at the Graduate Center, which co-sponsors the podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

2018 has been a great year for books about sub-national government in the United States. The year ends with another to add to the list. Jessica Trounstine has written Segregation by Design: Local Politics and Inequality in American Cities(Cambridge University Press, 2018). Trounstine is associate professor of political science at the University of California, Merced. Segregation by Design draws on a century of data from thousands of American cities to explore how local governments design policies that create race and class segregation. Trounstine maps the historical development of segregation and the ways that suburbanization has fit with patterns of residential segregation. Zoning laws and public goods have been used to advance the goal of some residents for racially segregated neighborhoods. She argues that local governments have pursued these policies to enhance the wealth and resources of white property owners at the expense of people of color and the poor. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

McKenzie Wark’s new book offers 21 focused studies of thinkers working in a wide range of fields who are worth your attention. The chapters of General Intellects: Twenty-One Thinkers for the Twenty-First Century (Verso, 2017) introduce readers to important work in Anglophone cultural studies, psychoanalysis, political theory, media theory, speculative realism, science studies, Italian and French workerist and autonomist thought, two “imaginative readings of Marx,” and two “unique takes on the body politic.” There are significant implications of these ideas for how we live and work at the contemporary university, and we discussed some of those in our conversation. This is a great book to read and to teach with! Carla Nappi is the Andrew W. Mellon Chair in the Department of History at the University of Pittsburgh. You can learn more about her and her work here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Criminal justice, policing, and mass incarceration have gained significant political attention recently, and the problems of these systems have drawn increasingly frequent calls for reform from the right and left. Historians have turned their attention to illuminating the roots of these institutions. While many historians have focused on the 20th century, others have examined the emergence of urban professional police departments in the 19th century. Adam Malka, an Assistant Professor of History at the University of Oklahoma, takes these questions to the antebellum period to illuminate how these new police forces emerged in an age of liberal ideals and emancipation. In The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation (University of North Carolina Press, 2018), Malka examines the development of the Baltimore police department in the years leading up to and following the Civil War. Malka highlights several unexpected features of this development. He shows the continuity and connections between antebellum vigilante justice and the professional police force. Further, he shows the emerging image of black criminality in the post-Civil War era was not opposed to the liberal ideals that came with the war, but rather was integral to them. In this episode of the podcast, Malka discusses the insights of the book. He explains why Baltimore is a particularly apt city for studying the rise of professional policing and how those new law enforcement institutions built on and worked in tandem with the vigilante policing that came before. He also discusses how ideas of property shaped policing, the ideals of liberalism, and the image of black criminality. We also discuss the challenges of researching this topic and, finally, conclude by considering how this more nuanced history might inform our understanding of current controversies surrounding 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

In her new book, historian Jennifer Altehenger, a Senior Lecturer in Contemporary Chinese History at King’s College London, grapples with the complex issue of how authorities and cultural workers attempted to create effective law propaganda. Legal Lessons: Popularizing Laws in the People’s Republic of China, 1949-1989 (Harvard University Asia Center, 2018) traces the techniques used and challenges using a series of case studies including the 1953 Marriage Law mass campaign and the 1954 constitution national discussion. These efforts sought not only to inform Chinese citizens of the law but also involved them in such ways that they would feel obliged to then follow the laws in the future. Drawing from a wide variety of archival sources including government documents, periodicals, advice manuals, memoirs, and posters, Altehenger highlights the tension between the intention of the government to educate and the interpretations the people made themselves about new laws. She explores law dissemination into the 1970s and 1980s, locating a revival of efforts to popularize laws, including the use of new media and five-year plans. These techniques have a lasting legacy in China, making this book important reading for anyone interested in propaganda and the governance of China. Laurie Dickmeyer is an Assistant Professor of History at Angelo State University, where she teaches courses in Asian and US history. Her research concerns nineteenth century US-China relations. 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

In Patent Politics: Life Forms, Markets, and the Public Interest in the United States and Europe (University of Chicago Press, 2017), Shobita Parthasarathy takes us through a thirty year history of the legal debates around patents. This is an understudied area of STS that Parthasarathy carefully navigates in order to understand how knowledge production interacts with law. The reader learns the differences in values, law and objects between US and European patent politics. This comparison brings into focus the role that law, biotechnology corporations, scientists, activists, and more play in deciding what knowledge deserves legal protection. Patent Politics is a fascinating read that will continue to be relevant for many years to come. Chad J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California, San Diego. His research interests include the history of the human sciences, the influence of the behavioral sciences on medical practice and health policy, and political activism around science and the arts. You can follow him on Twitter @chadjvalasek. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk: Indigenous and Arrivant Rights Theories (Dartmouth College Press, 2018), expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers’ attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi, American Studies Professor at Ben-Gurion University of the Negev, analyzes nativity’s unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explains the obstacles to historic solidarity between Native American and African American struggles. ________________________________________________________________________ Ryan Tripp (Ph.D., History) is currently an adjunct in History at Los Medanos Community College and 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 Networked Press Freedom: Creating Infrastructures For a Public Right to Hear (MIT Press, 2018), journalism professor Mike Ananny provides a new framework for thinking about the media at a time of significant change within the industry. Drawing on a variety of disciplines from journalism studies, political theory and technological studies, Ananny argues press freedom is a result of an interplay of duty, autonomy, social, and institutional forces. Focusing on the public right to hear, Ananny explores the competing values and publics journalists must negotiate to provide objective news and to build trust. Exploring the complexities of ‘doing journalism’ in the 21st century with competing technological platforms he attempts to answer the question: what is the role of journalism and freedom of the press in the modern era? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What if guns “are not merely carriers of action, but also actors themselves?” That’s the question that animates and unites Jonathan Obert‘s and Andrew Poe‘s, and Austin Sarat‘s unique collection of essays, The Lives of Guns (Oxford University Press, 2018). In it, contributors discuss the political, social and personal “lives” of guns from a variety of perspectives. Join us to hear editors Obert and Poe help us consider new ways of thinking about American narratives of ballistic weapons. 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 University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Redefining the Modern Military: The Intersection of Profession and Ethics (Naval Institute Press, 2018), edited by Nathan K. Finney and Tyrell O. Mayfield, is a collection of essays examining military professionalism and ethics in light of major changes to modern warfare. Contributors examine philosophical and legal questions about what constitutes a profession, the requirements of a military professional, and military education. Additionally, the authors tackle questions of ethics related to new technological advancements, such as unmanned aircraft. Finally, an interesting discussion of the military’s relationship with society, and vice versa, is discussed as an important component of oversight of the profession. Today I spoke with Finney and one of the contributors, Brian Laslie. 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

If you are tired of reading the same, Washington-based, consensus, ‘realist’ and or ‘neo-conservative’, critiques of American foreign policy, here is something to salivate on: Jeffrey D. Sachs’, A New Foreign Policy: Beyond American Exceptionalism (Columbia University Press, 2018). By turns, noted author Jeffrey Sachs’ book is unorthodox, iconoclastic, novel and indeed at times eccentric. A New Foreign Policy provides a road map for a U.S. foreign policy that embraces globalism, cooperation, international law, and aspirations for worldwide prosperity—not nationalism and illusory dreams of empty and past glory. You may not agree with him, indeed you may believe that he is completely wrong and his facts do not add up. Regardless, Sachs’ book is the one that foreign policy experts will be discussing this Fall. Charles Coutinho holds a doctorate in history from New York University. Where he studied with Tony Judt, Stewart Stehlin and McGeorge Bundy. His Ph. D. dissertation was on Anglo-American relations in the run-up to the Suez Crisis of 1956. His area of specialization is 19th and 20th-century European, American diplomatic and political history. It you have a recent title to suggest for a podcast, please send an e-mail to [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

If you watch old movies or study film history, you may know that early 20th-century Hollywood operated under the Motion Picture Production Code, which dictated what could and couldn’t be portrayed onscreen. But did you know that television had a code of its own? Its story has never been told at length until now. Deborah Jaramillo, Associate Professor of Film and Television at Boston University, is the author of a new book called The Television Code: Regulating the Screen to Safeguard the Industry (University of Texas Press, 2018). Jaramillo tells the story of a young television industry’s attempt to police itself on controversial questions about content, fending off pressure from government regulators and finicky viewers. Jaramillo explores whether the federal government could have played a stronger role at this formative time in the industry, and what the code did and didn’t accomplish in its three decades of existence. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Interviewing one member of Congress is a feat for most researchers. Interviewing nearly 100 and almost every women member of Congress is remarkable. Even more remarkable is what we can learn from that data collection about the perceptions of women members of Congress, especially about the way they perceive recent partisan polarization and the changing role of gender, race, and ethnicity. Such is the exhaustive project of Kelly Dittmar, Kira Sanbonmatsu, and Susan J. Carroll, who are the authors of A Seat at the Table: Congresswomen’s Perspectives on Why Their Presence Matters (Oxford University Press, 2018). Dittmar is assistant professor of political science, Sanbonmatsu is professor of political science, and Carroll is professor of political science and gender studies, all at Rutgers University. If you want to know how members of Congress think and the ways that they view their work, you would be hard pressed to find a better book. Dittmar, Sanbonmatsu, and Carroll fill so many blanks in the study of the ways that women legislate and how they perceive that work. This book is a must read for scholars of women and politics, American politics, and representation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dan Ponder’s new book, Presidential Leverage: Presidents, Approval, and the American State (Stanford University Press, 2018), is an important and thoughtful exploration of the concept of presidential leverage, specifically how much capacity the president has to accomplish goals, particularly in terms of asserting power to produce outcomes from Congress. Ponder examines leverage in context, which makes this book very useful in thinking about not only the Executive, but also the Legislature, and the ways in which the branches and political bodies operate in our political system. Presidential Leverage explores not only the president’s role in many of the ways scholars generally assess the president, but also the presidency as part of the state itself. Ponder braids together this understanding of position of the president (and his/her general approval or disapproval by the citizens) and how the strength of that position is tied not just to the office and the person in it, but also to broader conceptualizations of citizen trust in government. Ponder interrogates this dynamic, unpacking and examining the different parts of it, and then integrates these pieces into a quantitative scoring of presidential leverage, giving the reader an understanding of when presidents may have more capacity or political capital and when they may have less influence or ability—but that these capacities, or lack thereof, are not just about the person in the White House, but very much connected to how we, the people, think about our government. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to a long tradition in political philosophy, there are certain conditions under which citizens may rightly disobey a law enacted by a legitimate political authority. That is, it is common for political philosophers to recognize the permissibility of civil disobedience, even under broadly just political conditions. There are, of course, longstanding debates over how to distinguish civil from uncivil disobedience, what forms civil disobedience may take, and the difference between civil disobedience and other kinds of principled lawbreaking (such as conscientious refusal). Yet the consensus seems to be that whenever disobedience is permissible, it must also be enacted within the constraints of civility. In her new book, A Duty to Resist: When Disobedience Should Be Uncivil (Oxford University Press, 2018), Candice Delmas challenges this consensus. She develops an argument according to which standard arguments for the general obligation to obey the law also permit forms of principled lawbreaking that go beyond standard constraints of civility. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (New York University Press, 2018), edited by Brian P. Owensby and Richard J. Ross, examines the conflict and interplay between settler and indigenous laws in the New World. As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other’s legal ideas and conceptions of justice. This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other’s legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible. Ryan Tripp teaches a variety of History courses at Los Medanos Community College. He also teaches History courses for two universities. He has a Ph.D. in History from the University of California, Davis, with a double minor that includes Native American Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What voices have been silenced in the history of the Holocaust? How did victims and perpetrators make sense of their experiences? How did the failed pursuit of post-war justice shape public memory? In her new book Reckonings: Legacies of Nazi Persecution and the Quest for Justice (Oxford University Press, 2018), Mary Fulbrook uses diaries, memoirs, and trials to recover the full spectrum of suffering and guilt. By exposing the disconnect between official myths and unspoken realities of post-war justice, Mary illuminates the changing public attitudes to perpetrators and survivors. Mary Fulbrook is a Professor of German History at University College London. Her numerous books cover modern Germany, its two dictatorships, the Holocaust, and questions of historical interpretation. She currently directs the AHRC Compromised Identities project on the character and personal legacies of perpetration and complicity. Fulbrook is also a member of the Academic Advisory Board of the former concentration camps Buchenwald and Mittelbau-Dora as well as the Editorial Boards of German Politics and Society and Zeithistorische Forschungen. Ryan Stackhouse is a historian of Europe who specializes in modern Germany and political policing under dictatorship. His research exploring Gestapo enforcement practices toward different social groups is nearing completion under the working title Policing Hitler’s Critics. He also cohosts the Third Reich History Podcast and can be reached at [email protected] or @Staxomatix. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The title of Svetlana Stephenson’s book Gangs of Russia: From the Streets to the Corridors of Power (Cornell UP, 2015) invites a number of questions: How do criminal and legal spheres conflate? Is the cooperation of criminal organizations and legal institutions inherent to a society structure? In what way do gangs shape society, and vice versa? And what model of the societal structure does the Russian case offer? Far from being exhaustive, these issues receive a thorough investigation in Svetlana Stephenson’s attempt to analyze Russian gangs from the perspective of a social form. As the scholar asserts, “Russian gangs are not alien to society: they are firmly embedded in it” (9). Gangs do not constitute separate worlds, although they may seem closed and isolated: gangs signal individual’s aspirations and ambitions and, to a large extent, societal challenges. Gangs of Russia traces the development of Russian criminal organizations, ranging from early Soviet years to the present-day Russia. Including data and information that was received in the course of interviewing current and/or former gang members of different, so to speak, “ranks,” Svetlana Stephenson locates the gang as a social form in the continuum of sociology, history, politics, and culture. On the one hand, the Russian gang is presented as a successor of Soviet criminal organizations and, on the other hand, it is presented as an establishment that pioneers and propels new modes of criminal behavior and new ways of collaboration with legal institutions. This research also includes and further invites comparative perspectives on the nature of the criminal gang: insights into Russian gangs are supplemented with fine observations with regard to the Italian mafia and the American criminal world. While being a compelling read for those who are interested in sociology, Gangs of Russia also provides a fascinating cultural twist. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book, Remote Freedoms: Politics, Personhood and Human Rights in Aboriginal Central Australia (Stanford University Press, 2018), Sarah E. Holcombe, a Senior Research Fellow at the University of Queensland and a Visiting Fellow at the Australian National University, explores how universal human rights, codified 70 years ago in the Universal Declaration of Human Rights, get translated, practiced, and challenged in the context of Indigenous rights. Through her field research with Anangu of Central Australia, she shows the paradoxical, double-edged nature of human rights for Aboriginal people and considers alternative ways of thinking about human dignity. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Author, journalist and sometime park ranger Ken Ilgunas has written an argument in favor a “right to roam.” This concept, unfamiliar to most Americans, is one of an ability to traverse public and private property for purposes of enjoying nature. In This Land is Our Land: How We Lost the Right to Roam and How to Take It Back (Plume, 2018), Ilgunas compares U.S. property laws with the traditions and laws of England, Scotland and Scandinavian countries. In these nations a right to roam has been recognized and, Ilgunas argues, has been a boon to citizens’ enjoyment of their nations’ lands, while also protecting the property rights of private owners. Ilgunas addresses owners’ concerns about the use and enjoyment of their land and makes the case that a “right to roam” would be beneficial to owners and members of the public alike. Yet, Ilgunas also acknowledges the obstacles to creating such a right in the United States: popular understandings of the sacredness of private property, fears of lawsuits, the existence of public lands as alternative venues, and the federal and state systems of land management. Ilgunas also concedes that a “right to roam” is not merely a legal problem but a problem regarding long-held perceptions of the moral rightness of private property and the ability to exclude others from using one’s land. 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

Jonathan W. White, an associate professor of American Studies at Christopher Newport University, is the author of Lincoln on Law, Leadership, and Life (Cumberland House, 2015). In this work White reveals the moral character of Abraham Lincoln through his law practice. Lincoln was a lawyer on the American frontier in Illinois, representing clients ranging from individuals in divorces and railroads in contract disputes. Throughout his career he rendered advice, not only to clients but to prospective young lawyers and friends. Lincoln’s experience as a lawyer is both revealing about the norms of law practice in the antebellum period and about the formation of Lincoln’s approach to law and governance, which would influence his behavior as President during the Civil War. White has an eye for entertaining and revealing anecdotes. In revealing how Lincoln practiced law White helps uncover Lincoln as a person, beyond the reverential historical figure we all know from America’s Civil War. 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

Recent years have seen new waves of research in Syriac studies, the medieval Middle East, and family history. Combining all three, Lev Weitz’s Between Christ and Caliph: Law, Marriage, and Christian Community in Early Islam (University of Pennsylvania Press, 2018), revisits the early years of Islamic civilization by looking at an oft-neglected population in the secondary literature, Syriac Christians. Weitz’s study uses marital practice from the seventh through tenth centuries to illustrate how Islamic law influenced the development of Christian law and the role religious authorities –that is the Christian bishops– had to play in it. We talk through polygamy, confessional boundaries, and what households meant now and then; Weitz also fills us in on what the growing field of Syriac studies looks like, how it is changing, and how a scholar of the medieval Middle East gets their sources. Lev Weitz is an historian of the Islamic Middle East. He is an assistant professor at the Catholic University of America, in the Department of History; he also directs the Islamic World Studies program at Catholic University. For academic year 2018-19, he will be a fellow of the Kluge Center at the Library of Congress. He did his PhD at Princeton University at the Department of Near Easter Studies. His scholarly interests lie in the encounters among Muslims, Christians, and Jews that have shaped the Middle East’s history from the coming of Islam to the present. Nadirah Mansour is a graduate student at Princeton University’s Department of Near Eastern Studies working on the global intellectual history of the Arabic-language press. She tweets @NAMansour26 and produces another Middle-East and North Africa-related podcast: Reintroducing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Samuel Moyn’s The Last Utopia traced the evolution of the human rights revolution and argued that human rights as an ideology took the place of socialism and other utopian ideologies that failed. In his new book, Not Enough: Human Rights in an Unequal World (Harvard University Press, 2018), Moyn examines human rights from a different perspective, namely its inability to challenge the rise of inequality across the world. Moyn argues that this development wasn’t inevitable from a historical perspective and was the result of decisions made by politicians and social priorities articulated by philosophers beginning in the twentieth century. As a consequence, human rights has coexisted alongside inequality, unable to meaningfully critique it. Moyn begins by looking at the French Revolution, which he asserts was the first government that explicitly thought in egalitarian terms for its citizens. Noting that the welfare state was ironically a project of right-wing nationalist governments, Moyn argues that the postwar welfare states nevertheless embraced egalitarian impulses that not only established protections for their citizens but established ceilings on the kinds of wealth that that they could enjoy. In the Global South, newly independent states also embraced ideologies that would do the same. However, development economists instead emphasized poverty reduction campaigns that sought to provide marginal protections for the indigent without limiting the growth of wealth; this was matched by philosophers who reflected this same concern. The result was a human rights revolution focused more on subsistence and protections for the worst off that never tried to fight rising inequality. Zeb Larson is a PhD Candidate in History at The Ohio State University. His research is about the anti-apartheid movement in the United States. To suggest a recent title or to contact him, please send an e-mail to [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sarah E. Igo is an associate professor of history at Vanderbilt University and the author of The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018). Igo provides a legal and social history of the idea of privacy and how it was first evoked, challenged, written into law and reinterpreted by ordinary citizens in the age of mass marketing and social media. Once the right of elite citizens to protect their reputations, the growth of the bureaucratic state, communications technologies, and the inquiries of experts brought the issue of privacy into view for many more Americans. First defined by legal experts as the “right to be left alone” in bodily, mental and emotional aspects, by the end of the twentieth century privacy came to mean the right to control one’s public narrative. Americans have swung from seeking seclusion in increasingly secure homes to tell-all public confessions, reflecting a dilemma between the desire to left alone and the need to be known. Igo has shed light on why Americans are so conflicted about privacy, navigating the treacherous terrain of the state, the market and their own desire for connection, security, and visibility. This episode of New Books in American Studies was produced in cooperation with the Society for U.S. Intellectual History. Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her most recent book is entitled The World Come of Age: An Intellectual History of Liberation Theology, Oxford University Press, 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From petty runs to organized trafficking, the illicit activity of smuggling on the China coast was inherently dramatic, but now historian Philip Thai has also identified China’s history of smuggling as a significant narrative about the expansion of state power. China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842-1965 (Columbia University Press, 2018) spans multiple regimes from the late Qing dynasty to the early years of the People’s Republic of China. Thai notes that regimes tightened regulations, increased tariffs, and enforced laws more harshly as part of the project to consolidate authority and meet challenges posed by foreign powers. The smuggling epidemic put constraints on consumption that remade daily life for individuals, merchants, and communities. Their resistance threatened the state’s power while at the same time encouraging state intervention that increased the reach of the state and its authority. Drawing from a rich array of sources including customs records, legal cases, press reports, and popular literature, Thai provides a fresh, insightful take on the development of the modern state during a period of dramatic change and challenges. China’s War on Smuggling will appeal to those interested in the history of commerce, law, and criminology in modern China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Inspired by the usage of the term ‘enclosure’ to describe the Separation Wall in Israel-Palestine on a visit he made to the West Bank, Gary Fields in Enclosure: Palestinian Landscapes in a Historical Mirror (University of California Press, 2017) draws upon the past to speak to the Palestinian present and explain Palestinian dispossession. We talk through why Fields thinks it is necessary to use a long lens to think about the discourses framing the conflict in Israel/Palestine, specifically the English enclosures, which changed the nature of access to common land across the English countryside and Amerindian dispossession in colonial America. As land, discourse, and people themselves shape the practice of enclosure, we hone in on the politics of writing about Palestine and Palestinians, as well as how Fields’ other work fits into his academic work. Enclosure is on the short-list for the Palestine Book Award for the 2018 year. Gary Fields is professor of communication at UC San Diego. He received his Ph.D. from the University of California, Berkeley in City and Regional Planning. He often uses photo and film to explore his research interests and writes widely beyond the academy. Nadirah Mansour is a graduate student at Princeton University’s Department of Near Eastern Studies working on the global intellectual history of the Arabic-language press. She tweets @NAMansour26 and produces another Middle-East and North Africa-related podcast: Reintroducing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is there a case for the impeachment of Donald Trump? Constitutional attorney Ron Fein says not only is there a case, but also that the case exists regardless of what happens with the special counsel investigation. The Constitution Demands It: The Case for the Impeachment of Donald Trump (Melville House, 2018), co-authored by Fein and two of his legal colleagues at Free Speech for People, articulates the grounds for at least eight articles of impeachment, most of which are unrelated to the allegations of a election conspiracy with Russian officials. They argue Trump has violated the Constitution by accepting payments from foreign governments through his Washington, DC hotel, using government agencies to pushing political enemies, undermining a free press and abusing the power to pardon. The book argues that political considerations for 2018 and 2020 should be set aside, and that the impeachment process should begin immediately strictly on constitutional grounds. Bill Scher is a Contributing Editor for POLITICO Magazine. He has provided political commentary on CNN, NPR and MSNBC. He has been published in The New York Times, The New Republic, and The New York Daily News among other publications. He is author of Wait! Don’t Move to Canada, published by Rodale in 2006. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Thomas Mulligan’s new book, Justice and the Meritocratic State (Routledge Press, 2018), posits a theory of justice that is based on the allocation of valuable goods (jobs and appropriate income) according to merit. This is an abstract concept that Mulligan details according to economic, philosophical, and political understandings. He weaves together the political and economic dimensions of meritocratic allocations and spends the latter part of the book noting policy ideas that can bring this abstract concept into being. In the process, Mulligan critiques contemporary concepts of justice, especially commenting on the 20th-century work by Robert Nozick, John Rawls, Leo Strauss, and post-modern philosophers. The argument made for meritocratic allocation of valuable goods is seen as a kind of third way between the limited nature of egalitarian theory on one side and libertarian theory on the other. The argument for “desert”-based justice also brings the ideal of the American dream into clearer focus in Mulligan’s analysis. His book explores this concept in great detail, clearing up what has been the murky nature of an understanding of what meritocracy really means. Throughout the book, Mulligan delves into concepts of meritocracy from classical authors like Socrates/Plato and Aristotle, as well as from eastern approaches. He explores the integration of an understanding of meritocratic governance and political power from Confucian political theory as well as from much of the western philosophical canon. This book spans a variety of disciplines, and may be of interest to political theorists, economists, philosophers, sociologists, and others. It is clearly written and takes the reader through not only the concept of meritocracy and desert-based justice, but also the role of economics in understanding justice, and, finally, the kinds of policy and rhetorical shifts that are necessary to more fully establish a meritocratic state. 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

How did prisons become a tool of racial inequality? Using historical data, Heather Schoenfeld’s new book Building the Prison State: Race and the Politics of Mass Incarceration (University of Chicago Press, 2018) “answers how the United States became a nation of prisons and prisoners” (p. 5). Schoenfeld exposes the reader to the historical development of prisons and policy development. She focuses specifically on Florida as a case study to show how prisons become racialized social systems. Interestingly, much of the crime control we have today grew out of racialized punishments and unrest shaped during the civil rights era. Bringing us all the way up to 2016, Schoenfeld sheds light on how prisons developed over time, even as crime rates have fallen. Often incentivized as a source of economic potential in rural areas, prisons have a unique history in the U.S. and this book uncovers that fascinating history. This book will be of interest to Sociologists and Criminologists, but also Political Scientists and social activists. Sections of the book could be used in an undergraduate Criminology course or a course specifically focused on race and crime. This text would also be critically important to have in a graduate level Criminology course. Sarah E. Patterson is a postdoc at the University of Western Ontario. 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

In his Property and Dispossession: Natives, Empires and Land in Early Modern North America (Cambridge University Press, 2018), Allan Greer, Canada Research Chair in Colonial North America at McGill University in Montréal, examines the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexico), and New England. By focusing on land, territory, and property, he deploys the concept of ‘property formation’ to consider the ways in which Europeans and their Euro-American descendants remade New World space as they laid claim to the continent’s resources, extended the reach of empire, and established states and jurisdictions for themselves. Challenging long-held, binary assumptions of property as a single entity, which various groups did or did not possess, Greer highlights the diversity of indigenous and Euro-American property systems in the early modern period. The book’s geographic scope, comparative dimension, and placement of indigenous people on an equal plane with Europeans makes it unlike any previous study of early colonization and contact in the Americas. Ryan Tripp teaches a variety of History courses, such as Native American Cultures and History in North America, at Los Medanos Community College. He also teaches History courses for two universities. He has a Ph.D. in History from the University of California, Davis, with a double minor that includes Native American Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1907 the U.S. Congress created a joint commission to investigate what many Americans saw as a national crisis: an unprecedented number of immigrants flowing into the United States. Experts—women and men trained in the new field of social science—fanned out across the country to collect data on these fresh arrivals. The trove of information they amassed shaped how Americans thought about immigrants, themselves, and the nation’s place in the world. Katherine Benton-Cohen argues that the Dillingham Commission’s legacy continues to inform the ways that U.S. policy addresses questions raised by immigration, over a century later. Within a decade of its launch, almost all of the commission’s recommendations—including a literacy test, a quota system based on national origin, the continuation of Asian exclusion, and greater federal oversight of immigration policy—were implemented into law. Inventing the Immigration Problem: The Dillingham Commission and Its Legacy (Harvard University Press, 2018) describes the labyrinthine bureaucracy, broad administrative authority, and quantitative record-keeping that followed in the wake of these regulations. Their implementation marks a final turn away from an immigration policy motivated by executive-branch concerns over foreign policy and toward one dictated by domestic labor politics. The Dillingham Commission—which remains the largest immigration study ever conducted in the United States—reflects its particular moment in time when mass immigration, the birth of modern social science, and an aggressive foreign policy fostered a newly robust and optimistic notion of federal power. Its quintessentially Progressive formulation of America’s immigration problem, and its recommendations, endure today in almost every component of immigration policy, control, and enforcement. Katherine Benton-Cohen is Associate Professor of History at Georgetown University. Lori A. Flores is an Associate Professor of History at Stony Brook University (SUNY) and the author of Grounds for Dreaming: Mexican Americans, Mexican Immigrants, and the California Farmworker Movement. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

To write a book on such a multifarious and vast, if not ubiquitous, concept as privacy is a tall task for the historian. Sarah Igo, associate professor of history at Vanderbilt University, took this on and succeeded masterfully. Her book, The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018), is filled with sophisticated arguments and compelling stories. It explores how privacy first burst into political debate and cultural anxieties in the late nineteenth-century and how Americans ever since have navigated the moving line between the private and the public. She traces how new technologies (e.g. instant cameras), new practices (e.g. journalistic focus on the personal), new forms of knowledge (e.g. psychology), and new book genres (e.g. the tell-all memoir) spurred debates about privacy in the United States. Most critically, she shows how claims to privacy—made by gay Americans, the poor, and other marginalized groups—were also assertions of citizenship. Who gets privacy, and how much of it—and their counterpart, who gets to know what—were questions of politics as much as culture. Igo’s book is a welcome contribution to understanding the longer history of privacy—especially welcome in our own age of social media and mass surveillance. The book should be read by cultural historians, intellectual historians, media studies scholars, historians of the state, and scholars interested in material culture. Dexter Fergie is a first-year PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at [email protected] or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

William Kuby is an Assistant Professor of History at the University of Tennessee-Chattanooga. His book, Conjugal Misconduct: Defying Marriage Law in the Twentieth-Century United States (Cambridge University Press, 2018), examines the complicated legal and cultural history of heterosexual marriage. Long before the controversy over same-sex marriage, Americans found multiple ways to object to certain heterosexual marriages and divorce. The commercialization of courtship through advertisements and marriage bureaus, trial and common law marriages, rising divorce and remarriage rates, interracial coupling, and onerous waiting periods and requirements created a marriage crisis in law. It also created a crisis in social policy and norms as people experimented with unconventional unions and attempted to redefine gender roles and expectations. The marriage market was rife with unrealized expectations. Often the attention from conservative critics and journalists was greater than any real threat to marriage and the family. Kuby has shown us how marriage has been an area of legal contest and the how it continually generated anxiety about the foundations of society. This episode of New Books in Gender Studies was produced in cooperation with the Society for U.S. Intellectual History Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. She is the author of The World Come of Age: An Intellectual History of Liberation Theology (Oxford University Press, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stephen C. Yeazell‘s Lawsuits in a Market Economy: The Evolution of Civil Litigation (University of Chicago Press, 2018) is an in-depth look at the development and current situation of civil litigation. It beings with the question of why civil lawsuits have become such a political question and uses that to explore our world of settlements, arbitration, trials and insurance adjusting. It gives an expert, informed and even-handed look at what can be a contentious topic and is accessible to the layperson and edifying even to the professional. It portrays our environment of civil litigation as an evolving one where real people solve real problems, often for society’s benefit. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law