New Books in Law

The Sovereignty Wars: Reconciling America with the World (Brookings Institution Press, 2017) is an important and in depth study of American interaction with the intricate concept of Sovereignty, from the Founding Fathers to Donald Trump. Stewart Patrick delineates for the reader the fraught concept of sovereignty, showing how it has changed in both meaning and importance for Americans since the foundation of the United States. Going back to John Locke and going forward to John Bolton, Patrick demonstrates that sovereignty is not a static or monolithic concept or idea, but one which is both flexible and enduring. Stewart Patrick is the James H. Binger senior fellow in global governance and director of the International Institutions and Global Governance Program at the Council on Foreign Relations. 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

Sovereignty is a key concept in Native American and Indigenous Studies, but its also a term that is understood in multiple ways. Working across the boundaries of legal and literary theory, David J. Carlson‘s Imagining Sovereignty: Self-Determination in American Indian Law and Literature (University of Oklahoma Press, 2016) examines the works, both creative and theoretical, of many Native intellectuals who have considered sovereignty in the past century. Sovereignty emerges in this study as a necessarily imprecise concept that mediates between indigenous communities and also with the settler colonial government of the United States. Carlson discusses thinkers who have previously been seen as opposed, showing ways that their disparate projects can in fact be seen via the idea of self-determination as in many ways complementary. James Mackay is Assistant Professor of British and American Studies at European University Cyprus, and is one of the founding editors of the open access Indigenous Studies journal Transmotion. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017) dispels the myth that transparency of information will result in a perfect government. Dr. Mark Fenster discusses the motivations of transparency movements and justifications for state secrecy. Through the lens of communications theory, Fenster raises questions about the utility of disclosed information and how it may or may not be deemed valuable by the public. Fenster also examines the state’s ability to keep secrets and what, if any, outcomes result from information disclosure. In conclusion, Fenster asserts transparency, on its own, will not fix the state, but focused efforts on good governance just might. 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

Sandy Goldberg is Professor of Philosophy at Northwestern University. He specializes in epistemology and philosophy of language, with particular interest in the social aspects of knowledge and speech; these foci converge in his ongoing work on testimony. Sandy has written several books including Relying on Others (Oxford 2010) and, more recently, Assertion (Oxford 2015); his forthcoming book is titled To the Best of Our Knowledge, and is forthcoming with Oxford University Press. 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

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain provisions designed to ensure that it was reserved for the ‘worst of the worst.’ The 1976 decision ushered in the ‘modern’ period of the US death penalty, resulting in the execution of over 1,400 inmates, with over 8,000 individuals currently sentenced to die. Each chapter of Frank Baumgartner‘s, Marty Davidson’s, Kaneesha Johnson’s, Arvind Krishnamurthy’s, and Colin Wilson’s Deadly Justice : A Statistical Portrait of the Death Penalty (Oxford University Press, 2017) addresses a specific factual question and provides statistical evidence about how the modern death penalty has functioned. Baumgartner is Professor of Political Science, University of North Carolina. Davidson, Johnson, Krishnamurthy, and Wilson were all students at North Carolina during the research for the book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

If any place (outside contemporary North Korea) can be called “Totalitarian,” it would be Stalinist Russia. Under the “Greatest Genius of All Time,” Soviet “citizens” enjoyed no free speech, no free press, and no free assembly. The one-party Bolshevik dictatorship deprived them of their voices, their property, their livelihoods, their liberty, and often their lives all in the name of building a kind of society—Communism—that existed only in the minds of Party theoreticians. To me at least, it seems odd that such a place would even have something called a “constitution.” What use is a constitution when there is no real law? But the USSR had several constitutions. In her excellent book Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the 1936 Draft Constitution (Routledge, 2017), Samantha Lomb describes how one of them was received in the provinces and discussed by Party officials and the populous. She finds some remarkable things, the most important of which to my mind is that the people of Kirov (or at least the important ones who were consulted) were—much like the tyrannical state that ruled over them—not much interested in things like “equal rights” or, more generally, the “rule of law.” Under the Bolsheviks they had evolved a way of doing things that involved neither of these things and they were fine with that. Listen in. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In From Oligarchy to Republicanism: The Great Task of Reconstruction (University of Missouri Press, 2017) , Forrest Nabors sets out to show that congressional Republicans regarded the work of Reconstruction in the same way they regarded the work of the Founders: as regime change, from monarchy in the one case and from oligarchy in the other, to republicanism. Nabors examines the writings and speeches of Republicans in the Thirty-Eighth, Thirty-Ninth, and Fortieth Congress (1863-1869), recovering their political analysis of the antebellum South. While Reconstruction scholars have typically emphasized black citizenship as the central concern of congressional Republicans, Nabors demonstrates that they identified Southern oligarchy (tightly linked to slavery) as the problem of the age. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book, The Malmedy Massacre: The War Crimes Trial Controversy (Harvard University Press, 2017), Steven Remy, professor of history at City University of New York, examines the Malmedy massacre which took place on December 17, 1944 and the trial that followed after the conclusion of World War II. Remy effectively demonstrates how in the decade following the trial how a network of German and American sympathizers succeeded in discrediting the trial. Remy directly looks at the accusations of torture, which the defendants and their allies alleged led to false confessions. Although these allegations were false, Remy demonstrates how amnesty advocates used them successfully to not only discredit the trial, but distorted our understanding of one of the most brutal massacres in American military history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Colleen Murphy’s new book, The Conceptual Foundations of Transitional Justice (Cambridge University Press, 2017), argues that attaining some degree of justice is possible in nations transitioning to democratic states. There are many historical instances of nations whose citizens take action to change the nature of their regime from one of authoritarianism to democracy. Whether from France in the 1790s to Eastern Europe and Russia in the 1990s, the challenges facing new leaders to look to the future while accounting for the past can be daunting. Murphy argues that transitions need some degree of justice in order to be successful and she seeks to identify the key elements of just transitions. Murphy notes that a just result can take different forms, because of differences in culture, traditions, and the nature of the old regime. She further notes that transitional justice is not as clear and definitive as more familiar forms of justice, such as the retributive justice of the criminal law or the corrective justice of tort law. Instead, transitional justice involves degrees of accountability for wrongdoers and degrees of compensation and recognition for victims. The tools of transitional justice can include amnesties, criminal trials, memorials, truth and reconciliation commissions or reparations. Accordingly, not everyone in the society will be satisfied with the punishment, if any, meted out to perpetrators and the recognition given to victims may seem incomplete or insufficient. Nevertheless, in order to achieve a society-wide transition to a morally improved regime, traditional notions of justice may remain unsatisfied or incomplete. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017), written by legal scholar Stephen F. Williams, uses a biographic account of the life and career of Vasily Maklakov to explore issues of legality and rule of law in Tsarist Russia from 1905, following the promulgation of the October Manifesto, which established a legislative body for the first time since the 1600s, till the Bolshevik Revolution. Maklakov, a moderate Kadet (Constitutional Democrat) reformer and practicing defense attorney (most famous for his defense of the Jewish Menahem Beilis, sometimes considered the Russian Dreyfus), was a delegate to the Second, Third and Fourth Dumas who advocated for political compromise, the establishment of rule of law and gradual constitutional reform. He advocated for a wide range of amendments to the Tsarist legal code, especially in the realms of religious freedom, national minorities, judicial independence, citizens judicial remedies, and peasant rights. As such Maklakov’s policies presented vivid contrast to the political tactics of the better-known Russian Left (the Narodniks, SRs, and Social Democrats) who refused to work with the autocracy and actively engaged in terrorism, at one point killing over 300 government employees a month in 1906, and advocating for the over through of the Tsarist regime. While Maklakov and other liberal reformist Russians ultimately failed in staving off revolution, in part due to the unwillingness of their own party to compromise with the Tsarist regime and accept anything other than a fully constitutional monarchy, Maklakov’s story serves as an example for movements seeking to liberalize authoritarian countries today—both as a warning and a guide. Samantha Lomb is an Assistant Professor at Vyatka State University in Kirov, Russia. Her research focuses on daily life, local politics and political participation in the Stalinist 1930s. Her book,Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the Draft 1936 Constitution, is now available online. Her research can be viewed 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 his new book, The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial (Princeton University Press 2016), Lawrence R. Douglas, the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College examines the trial of John Demjanjuk. The Right Wrong Man examines Demjanjuk’s legal odyssey that began in 1975. Over the course of the next several decades Demjanjuk was tried twice, first in Israel where he was thought to be “Ivan the Terrible of Treblinka” only to be exonerated, owing to a case of mistaken identity. He was then tried in Munich for his actual crimes as a guard at the Sobibor death camp. The Right Wrong Man is a fascinating look at the law’s effort to bring closure to the horrific events of the Holocaust. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Drawing on materials from archives in eight southern US states, Melissa Milewski’s Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to the Civil Rights Era (Oxford University Press, 2017) examines how African Americans utilized courts for disputes over property, personal injury, and workplace compensation, among other fields. She argues for a reexamination of African American agency through the use of the courts. In a fascinating juxtaposition, Milewski‘s work also addresses the white lawyers, juries, judges and, of course, often plaintiffs or defendants within these cases, some of whom operated out of concern, some through paternalism, and some, either overtly or not, in order to maintain white supremacy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents (University of North Carolina Press, 2017), Turtle Mountain Tribal Court Associate Justice and UNC-Chapel Hill American Studies Assistant ProfessorKeith Richotte, Jr., offers a critical examination of one tribal nation’s decision to adopt a constitution. In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce’s choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond. Ryan Tripp is an adjunct instructor for several community colleges and online university extensions. In 2014, he graduated from the University of California, Davis, with a Ph.D. in History. His Ph.D. double minor included World History and Native American Studies, with an emphasis in Linguistic Anthropology and Indigenous Archeology. 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 recent book, A Different Shade of Justice: Asian American Civil Rights in the South (University of North Carolina Press, 2017), Stephanie Hinnershitz (Cleveland State University) examines the important but overlooked contributions of Asian Americans to civil rights activism in the U.S. South. Hinnershitz takes a thematic focus across the long 20th century to show how Chinese, Japanese, Filipinos, Vietnamese, and South Asians contested discrimination in land ownership, education, sexual relations and marriage, and business entrepreneurship. From “self-Orientalizing” as non-colored people to invoking their privileges as foreign nationals or refugees, the strategies and arguments that Asian Americans employed in the long and uneven struggle for equality were as varied as they were creative. Hinnershitz uses a wide-ranging source base including legal opinions, newspapers, and oral histories to narrate heartbreaking losses as well as surprising victories, such as the injunction against Klan violence that Vietnamese fishermen won in Texas in 1981. A Different Shade of Justice will interest readers of 20th-century US history, legal history, southern history, and Asian American history. Ian Shin is C3-Mellon Postdoctoral Fellow and Lecturer in the History Department at Bates College, where his teaching and research focus on the history of the U.S. in the world and Asian American history. He is currently completing a book manuscript on the politics of Chinese art collecting in the United States in the early 20th century. Ian welcomes listener questions and feedback 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

The recent spate of revelations about high-profile sexual predators who have been harassing and assaulting women, sometimes for decades, along with the #MeToo campaign, have drawn renewed attention to the pernicious problem of discrimination in the workplace. We speak about these issues with Suja Thomas, whose new book, with co-author Sandra Sperino, shows us how (male) judges have invented an entire body of jurisprudence to justify dismissing sexual harassment cases before they can even get to juries. Join us for this timely and provocative discussion about Unequal: How American Courts Undermine Discrimination Law (Oxford University Press, 2017). 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

In her new book, Asylum by Boat: Origins of Australia’s Refugee Policy (New South Press, 2017), Claire Higgins, a Senior Research Associate at the Andrew and Renata Kaldor Centre for International Refugee Law at the University of New South Wales Law School, explores the origins of Australia’s refugee policy. She investigates the Australian government’s response to the arrival by boat, in the late 1970s, of thousands of Vietnamese refugees. Unlike today, however, while boat turn-backs and detention were considered, these policies were rejected. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Seana Shiffrin is Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA. She defends the “thinker theory” of freedom of speech, which holds that a central reason for upholding a moral and legal system of free speech is that such a system is necessary for free thought and reflective action. This view is articulated in her book, Speech Matters:On Lying, Morality, and the Law (Princeton 2014). 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

In this podcast I talk with James Forman Jr. about his book Locking Up Our Own: Crime and Punishment in Black America (Farrar, Straus and Giroux, 2017). Mass incarceration and the carceral state are hot topics in law and criminology, as the American criminal justice system faces mounting criticism for imprisoning disproportionate numbers of minorities, especially blacks. But as James Forman Jr. lays out in this book, the war on crime that saw its origins in the 1970s found a great deal of support among African American citizens, community leaders, and politicians across America’s urban landscape. Locking Up Our Own tries to understand this phenomenon. James Forman Jr. is a Professor of Law at Yale Law School. He teaches and writes in the areas of criminal procedure and criminal law policy, constitutional law, juvenile justice, and education law and policy. His particular interests are schools, prisons, and police, and those institutions race and class dimensions. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Within a few generations after the death of Muhammad Muslims developed complex legal and theological traditions that shaped the boundaries of what was deemed Islamic. In Coercion and Responsibility in Islam: A Study in Ethics and Law (Oxford University Press, 2017), Mairaj Syed, Associate Professor of Religious Studies at University of California, Davis, examines how the constraints of interpretive traditions were tested under questions of coercion. He demonstrates that very often theological and legal reasoning moves beyond our expectations and interpretive conclusions are contradictory within seemingly uniform schools. He shows how members of the Mu’tazila and Ashari schools of theology determine the legal and moral responsibility of individuals who have been pressured to say or do something under coercive conditions. He also explores Hanafi and Shafi’i legal definitions of coercion and the various types of reasoning principles for drawing what is licit. These conundrums are hashed out through hypothetical coerced speech acts, such as proclamations of divorce, sale transactions, or legal acknowledgement, and coerced harm, as in rape or homicide. In our conversation we discuss moral agency, the formative period of legal and theological traditions, conventional presumptions about these legal and theological schools, how tradition works, interpretive ambiguity within schools of thought, various instances of coercion, wrestling with the vast amount of hadith literature, and the fashioning of interpretive norms. Kristian Petersen is an Assistant Professor of Religious Studies at the University of Nebraska Omaha. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this podcast I talk with Tracy A. Thomas about her book Elizabeth Cady Stanton and the Feminist Foundations of Family Law (New York University Press, 2016). Professor Thomas is the John F. Seiberling Chair of Constitutional Law and Director of the Constitutional Law Center at the University of Akron School of Law. She is also editor of the Gender and the Law Prof Blog. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In New Treaty, New Tradition: Reconciling New Zealand and Maori Law (University of British Columbia Press, 2016), Carwyn Jones, Senior Lecturer in the School of Law at Victoria University of Wellington in New Zealand, explores Māori law and legal traditions with an eye on how they ebb and flow with changing social, environmental, and political circumstances in New Zealand. From the Treaty of Waitangi to recent land claim resolutions, Jones argues that genuine reconciliation needs to take into account Indigenous traditions in the settlement process. 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 late 19th century New York socialites enjoyed a newfound celebrity status thanks to their conspicuous wealth and the attention of the rapidly expanding newspaper industry. Many of these women sought to use their status to promote causes important to them, most notably the suffrage movement. Johanna Neuman‘s Gilded Suffragists: The New York Socialites Who Fought for Women’s Right to Vote (New York University Press, 2017) describes the role they played in the suffrage campaigns in fin-de-siecle America, one that saw social rank exploited to advance a radical cause. As Neuman explains, their efforts in support of the enfranchisement of women were the most dramatic example of their growing degree of involvement in public affairs, as elite women worked to advance a variety of causes dear to them. Coming at a time when the suffrage movement was becalmed by setbacks and disagreements over goals, their participation gave the effort much-needed resources and energy. By organizing rallies, raising funds, and even campaigning personally on behalf of suffrage measures and against anti-suffrage politicians, their contributions played a vital role in winning for women the right to vote, both in New York and nationally. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The relationship between religion and economic activity has attracted generations of scholars working in myriad settings. In recent years, many have turned to questions of how Islamic ideas are generative of economic activity, to Islamic finance and capital, and to the relationship between contemporary Islam and capitalism more broadly. In Corporate Islam: Sharia and the Modern Workplace (Cambridge University Press, 2017), Patricia Sloane-White builds on this work by asking “not only how the spread of global capitalism transforms the lives of Muslims… but how capitalism empowers the spread of Islam.” Drawing from interviews and ethnographic fieldwork over a seven-year period, and a wealth of knowledge from over two decades of research in Malaysia, Sloane-White argues that the “sharia space” of the today’s corporate Islamic workplace is a third domain between the public and the private in which employees must submit to the guidance of their professional and personal lives by men who insist that their businesses can and must be both profitable and pious. Patricia Sloane-White joins New Books in Southeast Asian Studies to talk about Malaysia’s self-styled men of the mosque and the market; the new nexus between Islamic scholars and CEOs; the decline of the bumiputera generation; sexuality, gendered divisions of labour, and the problem of patriarchy in the capitalist workplace everywhere. Listeners of this episode may also be interested in: Iza Hussin, The Politics of Islamic Law: Local Elites, Colonial Authority and the Making of the Muslim State Meredith Weiss, Student Activism in Malaysia: Crucible, Mirror, Sideshow Nick Cheesman is a fellow in the College of Asia and the Pacific, Australian National University. He can be reached at [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her inspiring new book, Muslim Women’s Quest for Justice: Gender, Law and Activism in India (Cambridge University Press, 2017), Mengia Hong Tschalaer charts the strivings and creative struggles of Muslim women’s organizations in contemporary North India for gender justice. Carefully historicized and brimming with nuanced analysis, this book shows the discursive and political strategies through which overlapping and at times competing women’s organizations navigate a contested and complicated public sphere, as they seek to curate a gender emancipatory understanding of Islam. The major strength of this book is the way it presents a vivid picture of the quest for gender justice on the ground, leavened by such critical processes as the composition of gender-just nikah-namas. This important book will engage the interests of a range of scholars and courses on Islam, gender, South Asia, and Islamic law and society. SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at [email protected]. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This week on the podcast, Daniel Bennet joins us to talk about his new book, Defending Faith: The Politics of the Christian Conservative Legal Movement (University Press of Kansas, 2017). Bennett is assistant professor of political science at John Brown University. From Hobby Lobby to Obergefell v. Hodges, the Supreme Court has ruled on controversial social policy issues. At the center of many of these cases are a set of legal organizations, what Bennett calls Christian Conservative Legal Organizations or CCLOs, including the American Center for Law and Justice and Alliance Defending Freedom. In his book, he explains how CCLOs advocate for issues central to Christian conservatives, highlights the influence of religious liberty on the CLM’s broader agenda, and reveals how the Christian Right has become accustomed to the courts as a field of battle in today’s culture wars. Bennett studies these groups as a type of interest group and legal advocacy the primary strategy to fulfill their interests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Timothy LaPira and Herschel Thomas are the authors of Revolving Door Lobbying: Public Service, Private Influence, and the Unequal Representation of Interests (University Press of Kansas, 2017). LaPira is associate professor of political science at James Madison University; Thomas is assistant professor of political science at University of Texas, Arlington. What is the consequence of the rapid spin of the revolving door in Washington? Once a rarity, today nearly half of members of Congress join a lobbying firm after their time on the Hill ends. In Revolving Door Lobbying, the authors show that they are not alone. Former aides join the ranks of lobbyists and generate massive amounts of revenue for lobbying and law firms. These patterns have changed the political economy of Washington politics. LaPira and Thomas mine a decade of new Lobbying Disclosure Act (LDA) data to show the way the rise of revolving door lobbying has made representation less equal and enhanced private influence. The host of this week’s podcast is Heath Brown, associate professor of public policy at the City University of New York, John Jay College and the CUNY Graduate Center. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Transgender actors entered popular culture, and before the “T” was included in LGBT, Transgender activism was a small and marginalized movement. However, though courage and perseverance, Transgender rights began to enter the public consciousness. Drawing on her own life story, Riki Wilchin’s newest book TRANS/gressive: How Transgender Activists took on Gay Rights, Feminism, the Media & Congress…and Won! (Riverdale Avenue Books, 2017) traces the origins of the Transgender movement. From the backwoods of rural Michigan to the nation’s capital, the movement challenged not only conservative politicians and worldviews but also challenged the boundaries of gender, sex, and sexuality within more progressive movements. How do Trans issues and concerns intersect with notions of masculinity and femininity? What was the relationship between the Trans movement and the Gay movement? How do movements transcend the local and become national? Wilchins offers answers to these (and many more) questions within the pages of TRANS/gressive. In addition to TRANS/gressive, Wilchins is also author to three other books on topics of gender and sexuality: Read My Lips: Sexual Subversion & the End of Gender, Queer Theory/Gender Theory: An Instant Primer, and Voice from Beyond the Sexual Binary. Wilchins’ works has been featured in many periodicals, and Riki has held many trainings on gender norms and nonconformity for audiences that include the White House, Centers for Disease Control, and the office on Women’s Health. Continuing her activism as well as her authorship, Wilchins expects another forthcoming book in the near future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

To remember Patrick Henry for his defiant declaration “Give me liberty or give me death!” is to overlook a long career spent as an advocate for the rights of Americans, first as colonists and then as citizens. In Patrick Henry: Champion of Liberty (Simon and Schuster, 2017), Jon Kukla describes the course of Henry’s eventful life and how he developed his views on individual rights and other matters. The son of Virginia planters, as a young man Henry turned to the law to earn his living. His arguments in the famous “Parson’s Cause” legal case foreshadowed his case for colonial rights during the Stamp Act crisis, which cemented his standing as one of the leading opponents of Britain’s efforts to impose taxes upon the colonies. Henry was at the forefront of Virginia’s move towards independence in 1775, and as its first elected governor he led the commonwealth during years of crisis and turmoil. This experience, as Kukla explains, helped define his opposition to ratifying the Constitution in 1787-8, an opposition which the documents proponents addressed by agreeing to include the Bill of Rights which it possesses today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few images attached to Islam and to the Islamic legal tradition (the Sharia) in particular are more often and more disturbingly sensationalized than that of the stoning punishment. In her riveting new book Shari’ah on Trial: Northern Nigeria’s Islamic Revolution (University of California Press, 2017), Sarah Eltantawi, Assistant Professor of Comparative Religion at Evergreen State College, offers a dazzlingly nuanced and lucid account of the past and present of the stoning punishment in Northern Nigeria. Effortlessly moving between pre-modern and contemporary archives and contexts, Eltantawi traces the shifting meanings and political projects that have been invested into the stoning punishment over time. Historically grounded, theoretically exciting, and lucidly composed, this book is sure to spark important conversations and debates in multiple fields. It will also make a wonderful text for undergraduate and graduate seminars for courses on Islam, Islamic Law, Gender and Sexuality, and on Islam in Africa. SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at [email protected]. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

William Davenport Mercer‘s Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty (University of Oklahoma Press, 2017) argues that if we want to understand how Americans in the early Republic viewed the sources of their rights, we need look no further than the mud at the bottom of Baltimore harbor. In the early nineteenth century, two men, John Barron, Jr. and John Craig, decided to buy a Baltimore wharf on credit. They were hoping to capitalize on rapidly-expanding commercial growth in city in the wake of the War of 1812. Instead, the city diverted water into the harbor, leaving Barron and Craig’s wharf silted up and the pair with a pile of debt. The men sued, and eventually their case was argued before the Supreme Court. The decision in Barron v. Baltimore, as William Davenport Mercer shows, marked a key development in the history of American constitutionalism. In arguing that the Bill of Rights (and thus, the Fifth Amendment) applied only at the Federal level, the court rejected a multi-sourced view of liberties. The contentious politics of the era, Dr. Mercer argues, precipitated our modern turn toward locating the sources of rights exclusively in documents. Dr. Mercer teaches history and law at the University of Tennessee, Knoxville. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This week on the podcast we have a true political science legend. David R. Mayhew is the author of such political science greats as Congress: The Electoral Connection, Divided We Govern, and Partisan Balance. He is the Sterling Professor of Political Science Emeritus at Yale University. In his recent book, Mayhew examines the job America’s most routinely disparaged branch of government has actually done? The Imprint of Congress (Yale University Press, 2017) gives a deep historical analysis of the U.S. Congress’s performance since the late eighteenth century. He tracks major policy challenges addressed by Congress. In the end, Mayhew argues that Congress has actually accomplished a lot and, in doing so, balanced the presidency in a surprising variety of ways. In the podcast, Mayhew also discusses our current debate on polarization and the early Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Now and then we feature a book on New Books in Southeast Asian Studies whose author we ought to have had on the show some time ago. The Perfect Business? Anti-Trafficking and the Sex Trade Along the Mekong (University of Hawaii Press, 2012) is one such book. Sverre Molland wrote his tandem ethnography of traffickers and anti-traffickers while researching on the border of Thailand and Laos in the 2000s, after a stint in an anti-trafficking project in which the incongruities of identifying and criminalizing alleged human traffickers became all too obvious to him. Bringing an anthropological lens to the juridical and economic categories that are usually deployed both to explain and address the phenomenon of trafficking for sex, Molland shows that the premises on which anti-trafficking programs operate are unsound. The movement of women and girls in and out of the sex trade is deeply socially embedded. Only by attending to the many varied ways that recruitment into the trade occurs can it be understood. With that, moralizing and paternalistic projects for trafficking’s elimination, as well as indicator projects for its enumeration, might be set to one side, and replaced with other ways of knowing and dealing with the phenomenon that might be rather more sensible, if less aspirational. Sverre Molland joins New Books in Southeast Asian Studies to talk about the many layers of deception and consent in sex work, bad faith among traffickers and anti-traffickers, the misguidance of the market metaphor, teens trading teens, agency, structural violence, and the trend towards privately funded anti-trafficking and anti-slavery projects in Southeast Asia. Listeners of this episode may also be interested in: Holly High, Fields of Desire: Poverty and Policy in Laos Denise Brennan, Life Interrupted: Trafficking into Forced Labor in the United States Nick Cheesman is a fellow at the College of Asia and the Pacific, Australian National University and in 2016-17 a member of the Institute for Advanced Study, Princeton. He can be reached at [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Josh Chafetz‘s new book, Congress’s Constitution: Legislative Authority and the Separation of Powers (Yale University Press, 2017), examines Congress as a branch and the powers of the legislature within the constitutional system. This book approaches the Legislative branch historically, constitutionally, politically, and structurally through the separation of powers. Chafetz situates Congress as one of three political branches of government, each deriving power from the public, the constitution, formal responsibilities (like the Senate’s role in confirmation, or Congress’s power of the purse), and also informal capacities. In analyzing Congress, Chafetz makes use of the schematic framework of hard and soft power, often used by scholars to analyze international relations, contextualizing the kinds of powers that Congress has and how those powers have been used over the history of the branch and continue to be used. Chafetz explains his thesis in regard to the separation of powers theories as a “multiplicity based” understanding of the claims made to authority not only by Congress, but also by the Executive and Judicial branches, noting that there are multiple and overlapping claims to authority. The book will be of interest to a range of scholars and readers, since Chafetz integrates American political development, constitutional history, contemporary American politics, and the complexity of the development of British legislative authority that preceded and contributed to the American constitutional system. This is an accessible, complex, and fascinating book about American politics, the constitutional system, and, especially legislative authority within the system. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mary E. Adkins has written Making Modern Florida: How the Spirit of Reform Shaped a New State Constitution (University Press of Florida, 2016), an account of the reformation of the Florida state constitution in the 1960s. Adkins reviews the history of the state’s constitutions since it was first incorporated into the United States in the 1840s. Yet, she concentrates on the reform efforts begun during World War II and culminating in a new constitution in 1968. Adkins reviews the political interests that pushed for a new constitution, from the League of Women Voters to the new residents in the emergent southern coasts of Florida in the 1960s. Adkins reviews the process of reforming a constitution that was rooted in the traditional rotten borough politics of 19th-century Florida. She analyzes the impact of U.S. Supreme Court decisions in the early 1960s that forced states to reapportion their legislatures, contending that Florida’s districts were so malapportioned that without the Court’s decisions there might not have been any constitutional revision. Adkins also discusses today’s constitutional revision process, which is ongoing every 20 years and is occurring in 2017. Florida’s political context has always been an amalgam of traditional Southern politics and the emergent commercial and tourism-based economy of a coastal state. Adkin’s book illuminates how these conditions produced political conflict and constitutional change. 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

Ryan Alford is a law professor at Lakehead University and a specialist in constitutional law. His book Permanent State of Emergency: Unchecked Executive Power and the Demise of Rule of Law (McGill Queens University Press, 2017), offers a fresh perspective on debates about the expansion of executive authority in the US in the post-9/11 period and has become even more topical in light of President Trump and the power he seeks to exercise. Drawing on a broader canvas of legal history and comparative law than is common in the field, Alford sketches a global standard of what constitutes a “rule of law state,” and applies this to make clear the extent to which Presidential power has departed from historical norms, amounting in essence to an “elective dictatorship.” Among the many novel facets of Alford’s study are the lines it traces between strategies of the Bush, Obama, and Trump administrations and those attempted by Nixon. Offering a powerful argument for why recent presidents have been more successful than Nixon in assertions of greater power, Alford points to important differences in context, including the lack of support for the war in Vietnam in contrast to the war on terror, the process surrounding judicial appointments, and campaign financing. The interview below aims to give a sense of the book’s wide ranging examination of factors that make reform of the dictatorial presidency unlikely in the short term and questionable in the long term. Robert Diab is a law professor at Thompson Rivers University and the author of The Harbinger Theory: How the Post-911 Emergency Became Permanent and the Case for Reform (Oxford 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The U.S. population is aging and we often rely on our family to care for us during our twilight years. But, families today can be quite complex, with divorce, step-families, and cohabitation changing the roles that family members are used to playing. In their new book, Homeward Bound: Modern Families, Elder Care, and Loss (Oxford University Press, 2017), Amy Ziettlow and Naomi Cahn interview families caring for a parent at the end of life and write about how these new norms and obligations are navigated in modern families. The book addresses many issues that become apparent at the end of life: family roles, financial as well as time costs, in addition to the planning (or lack thereof) for decisions that need to be made at the end of life for the parent. After the parent passes away, roles, once again, must be negotiated in families in addition to negotiations around wealth transfers and mourning. This book would be a good addition to an upper level Sociology course on families or death and dying as the stories help illustrate some basic concepts and ideas. This book has a wide audience and would be of interest to sociologists, gerontologists, lawyers, as well as clergy or other religious leaders who help with end of life care. Ziettlow and Cahn not only provide interesting stories to illustrate what they find, they leave the reader with helpful tips and guides at the end of the book just in case the person reading it is also going through this life transition with a family member. Sarah E. Patterson is a Family Demographer and is ABD at Penn State. Follow and 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

What is a welfare state? What is it for? Does the U.S. have one? Does it work at cross-purposes to a free-market economy or is it, in fact, essential to the functioning of modern, post-industrial societies? Join us as we speak with David Garland, author of The Welfare State: A Very Short Introduction (Oxford University Press, 2016) , a whirlwind tour of the welfare state, past and present. 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

Susanna L. Blumenthal is a professor of law and associate professor of history at the University of Minnesota. Her book, Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture (Harvard University Press, 2016) won the 2017 Merle Curti Prize from the Organization of American Historians. Blumenthal offers a historical examination of the jurisprudence of insanity, legal capacity, and accountability from post-revolutionary America through the nineteenth century. Americans struggling to set the boundaries of ordered liberty turned to Common Sense philosophy that held to divinely given rational faculties of intellect, volition, and moral sense. Republican citizenship assumed that a reasonable man, as a legal person, would act accordingly. The market economy of self-made men, the new field of medical psychology, will and contract challenges over wealth and property, tort law and increased liability claims exposed the inadequacy of social and political norms in defining human fallibility, and the limits of responsibility. Litigants, lawyers, judges, and medical experts struggled to find a reliable way to settle issues of mental competency and define the bounds of freedom. The incapacity of married women, children, and slaves provided a means of comparison for the male citizen involving metaphysical, political, social, and economic ideas wrapped up in the concept of self-government. Blumenthal has produced a remarkable piece of intellectual and legal history situated in the rapidly changing market environment of a young republic. Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is tentatively entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation is forthcoming from Oxford University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

John Hudak‘s book Marijuana: A Short History (Brookings Institutions Press, 2016) is an accessible and informative dive into marijuana on a number of levels and from a variety of perspectives. Hudak unpacks and explains the historical place of marijuana in the United States, and the way that marijuana is situated within the criminal justice system, and how it is understood within our cultural vernacular and moral perspectives of what is right and wrong, legal and illegal. As marijuana now seems to be on a journey towards decriminalization or legalization in a number of states in the U.S., Hudak explores the way in which marijuana became an illegal substance, and how it is connected to the demonization of others–most specifically Mexicans, Mexican-Americans, African-Americans, and the American counter-culture of earlier decades. The history of marijuana is fascinating because it highlights the evolution of various forms of regulation in the United States; and, as marijuanas classification in some states is changing (in terms of the legal access to medical marijuana or the legalization of recreational marijuana), Hudak examines the constraints within the regulatory system that make those changes more difficult to execute. This text weaves together a variety of analytical perspectives, from political science, public policy, public administration, cultural studies, sociology, and criminal justice, in exploring marijuana. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rwanda’s homegrown gacaca law has been widely hailed as a successful indigenous solution to the unprecedented problem of the country’s 1994 genocide. In his book Inside Rwanda’s Gacaca Courts: Seeking Justice After Genocide (University of Wisconsin Press, 2016), Bert Ingelaere complicates this received wisdom by focusing on the way the post-genocide gacaca trials unfolded, rather than on their lofty goals, as framed by the public relations arm of the post-genocide Rwandan Patriotic Front (RPF) government and other interested parties, both internal and external to Rwanda. The Kinyarwandan word gacaca, derived from the word umucaca, originally referred to a plant that was so soft to sit on that people preferred to gather on it during precolonial times to adjudicate disputes and crimes, but most importantly, to restore social order and harmony. During the colonial period, the jurisdiction and prevalence of gacaca was greatly restricted. Its re-emergence as a viable means of transitional justice in Rwanda following the genocide was a response to the volume of the associated crimes. Western-style court systems were simply unequal to the task of dealing with the 1,958,634 cases of alleged participation in the genocide. The basis of this concise treatment of the gacaca court system and the transitional justice it sought to dispense between 2005 and 2012, is Ingelaere’s mixed methods research in Rwanda, which included extended field research, as well as proxy trial observation by his Rwandan collaborators. The books eight chapters provide an overview of the basic operational characteristics of gacaca and consider how we should qualify the outcomes of this ambitious process. Mireille Djenno is the African Studies Librarian at Indiana University. 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

James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law at Yale Law School, began researching the book that became Hitler’s American Model: The United States and the Making of Nazi Race Law (Princeton University Press, 2017) by wondering whether Jim Crow laws in the U.S. had any impact on the development of the Nuremberg Laws. Some scholars have denied any influence. Professor Whitman came to a very different conclusion, and what he learned deserves to be much more widely appreciated than it is. For the United States was the global pioneer of explicitly racist law–and not just, by any means, in the Jim Crow South. Strikingly, American law was most helpful to the most radical Nazi jurists. In the early years of the Third Reich, 1933 to 1936, conservative nationalist lawyers in Germany debated with Nazi radicals about how to create a body of anti-Semitic law, but one consonant with German legal traditions, which emphasized strict adherence to carefully-articulated concepts. The radicals found their model in U.S. citizenship and anti-miscegenation law, and in a legal culture that, from their point of view, was refreshingly open to innovation. Yet even the most radical Nazi jurists found the notorious one-drop rule, and the extreme punishments some U.S. states meted out for entering into racially-mixed marriages, too harsh and inhumane. Professor Whitman’s unsettling, learned, and deeply-engaging book deserves a large audience. Monica Black is Associate Professor and Lindsay Young Professor of History at the University of Tennessee, Knoxville. She teaches courses in modern European and German history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The ‘ideological odd couple’ of Robert George and Cornel West jointly authored a statement defending free speech on campus and elsewhere. Find out why. Robert George is the McCormick Professor of Jurisprudence and Professor of Politics at Princeton University, and the founding director of Princeton’s James Madison Program in American Ideals and Institutions. His research focuses on issues in ethics, political philosophy, and philosophy of law. 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

Brandon Kendhammer takes a fresh approach to the juxtaposition of Islam and democracy in his latest book, Muslims Talking Politics: Framing Islam, Democracy and Law in Northern Nigeria (University of Chicago Press, 2016). Rather than employing a top-down approach to understanding Islam’s compatibility with democracy, Kendhammer chose to speak with blue-collar, working-class Muslims in cities across Northern Nigeria. Through this approach, Kendhammer exposes the pragmatic views of ordinary citizens more concerned with economic stability than jihadist rhetoric. As the political situation gets more violent and the idea of democracy more remote in Nigeria, Kenhammer offers a viewpoint of deep understanding for the complex situation. Based upon hundreds of conversations with ordinary citizens, he sketches a picture of how Islam and democracy can, and often is, reconciled in the neighborhoods and marketplaces of urban Nigeria’s centers, where Christians and Muslims live side-by-side. It is in the daily political and social negotiations that the way forward can be seen. However, with the increasingly violent acts of Boko Haram, it seems that the ordinary voices are being lost to unwavering religious rhetoric. While this books only tackles Northern Nigeria, the themes and lessons can be extended into the larger Muslim world grappling with the possibility of fitting Islamic values into a democratic state. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Seth Barrett Tillman has written “Ex Parte Merryman: Myth, History and Scholarship,” an article about the famous case that is popularly thought to demonstrate a conflict between the President and the federal courts during the American Civil War. Tillman’s article is an effort to revise the standard historical understanding of the case called Ex Parte Merryman. In the spring of 1861, just as the hostilities had begun in the Civil War, famously issued an order to the U.S. Army granting army officials discretion to suspend the writ of habeas corpus if resistance or treasonous activity were encountered in Union territory. That spring, as soldiers poured into the Washington, D.C. area through Maryland, the Army was confronted with popular protests and violence by civilians. One suspect was John Merryman, a young man from a prominent Maryland family. Merryman hired lawyers to seek his release via the traditional method of asking the federal courts for an order to release Merryman pending his trial. However, Merryman was not initially released and was confined in Ft. McHenry, a military base near the port of Baltimore. The traditional account of the case portrays Supreme Court Chief Justice Roger Taney as heroically seeking to vindicate the rights of a civilian prisoner wrongly held by the military and Lincoln as defying an order to comply with the Constitution. In this podcast Professor Tillman, a lecturer in the Department of Law at Maynooth University in County Kildare, Ireland, discusses his arguments that the traditional account of the Merryman case is built upon multiple myths. If Tillman’s view of the case is correct, it holds the potential for overturning our understanding of this important period in constitutional history and civil-military relations. 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

This week’s podcast is a fraud or at least about a fraud. Edward J. Balleisen has written Fraud: An American History from Barnum to Madoff (Princeton University Press, 2017). Balleisen is associate professor of history and public policy and vice provost of Interdisciplinary Studies at Duke University. Why is fraud committed so frequently in the United States? What about our political and legal institutions has created such an inviting environment for tricksters? And, what has government done to address it? In Fraud, Balleisen surveys centuries of American political, legal, and business history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Policing tactics have recently been the subject of lively political debates and the target of protest groups like the Black Lives Matter movement. Police reform is not new, of course. The 1950s and 1960s, in fact, saw one of the most active periods of change surrounding standard policing procedures and a moment of political reexamination of the role of police in a democracy. Christopher Lowen Agee, Associate Professor of History at the University of Colorado Denver, examines these changes in San Francisco in his recent book. The Streets of San Francisco: Policing and the Creation of a Cosmopolitan Liberal Politics, 1950-1972 (University of Chicago Press, 2014) takes on a city where police notoriously clashed with leftist activists, but also a city run by liberals. The Streets of San Francisco examines the causes, consequences, and limits of reform from street-level interactions between police and residents to policing politics in city hall. In this episode of New Books in History, Agee discusses his new book. He tells listeners about reform in the San Francisco Police Department in the 1950s and 1960s. He talks about some of the unusual alliances formed among reformers and a few of the several controversies that his book examines, explaining to listeners how those controversies changed police procedures. He discusses the role of police discretion and force, of activists responding to police tactics, and also the limits of reform, particularly those surrounding race. The legacies of these reforms continue to influence policing today. Finally, Agee talks about conducting oral histories for this book and more generally about researching policing during the era. Christine Lamberson is an Assistant 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]. To download this interview file directly, right click here and select “Save Link (or ‘Target’) As…” 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 recent monograph, Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka (Cambridge University Press, 2016), Benjamin Schonthal examines the relationship between constitutional law and religious conflict in Sri Lanka during the twentieth and twenty-first centuries. Situating his study alongside broader conversations in the field of constitutional law and specifically debates about law’s effects on religion, Schonthal challenges the widely-held idea that constitutional law, properly administered, is a useful tool for reducing conflict between and within religious communities. Drawing on unpublished and previously unexamined archival materials written in Tamil, Sinhalese, and English, Schonthal argues that in the case of Sri Lanka constitutional law has actually hardened pre-existing religious conflicts and encouraged religious actors to use the law and courts to frame a variety of legal fights in explicitly religious terms. The pyrrhic constitutionalism in the subtitle of the book is the term that Schonthal has coined to describe how, in this case, the practice of constitutional law actually exacerbates the very problems it was designed to resolve. In the first half of the book, Schonthal details the fascinating history of two of Sri Lankas most important constitutions–an initial one in 1948, and a revised version ratified in 1972–focusing specifically on the section that addresses Buddhism and religion. Many familiar with the post-independence history of Sri Lanka might interpret this section as but a product of Buddhist chauvinism and Sinhala nationalism. However, by looking at an impressive number of drafts and archival materials, Schonthal reveals that the process of drafting this religious clause was in fact a messy back-and-forth between several competing parties, including those who wanted the government to completely remove itself from religious affairs, those who wanted the government to proactively protect religious rights, and those who hoped the state would grant Buddhism a special, protected status in post-colonial Sri Lanka. He further shows that even among those who wanted Buddhism to enjoy special protection there was much disagreement about how the government should execute such protection, and to what degree the government should assume responsibilities traditionally allocated to the saṅghas elders or sometimes to the king. The second half of the book provides case studies that detail precisely how it is that constitutional law exacerbates extant conflicts within and between religious groups. After providing a number of examples of the way in which the Buddhism and religion clause created an incentive for Buddhist groups to use the courts as a space for publicly airing their grievances, Schonthal then moves on to the case of a monk who applied for a driving license but, after a long legal process, was eventually denied. Scholars of Buddhism will find this case fascinating regardless of their area or period of expertise, for this highly contentious case, which captivated the Sri Lankan media and public, gets to the heart of a perennial issue within Buddhist societies, namely the degree to which secular rulers should be involved in enforcing Buddhist monastic rules. In the book’s penultimate chapter, Schonthal looks at Buddhist anxiety over religious conversion–specifically cases of Buddhists converting to Christianity–and again argues that constitutional law has inadvertently intensified this controversy. In the interview we barely scratch the surface of the book, and listeners interested in following Schonthal’s arguments in greater detail and reading the case studies, Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The idea that a political order derives its authority, legitimacy, and justification from some kind of initial agreement or contract, whether hypothetical or tacit, has been a mainstay of political philosophy, at least since Hobbes. Today, the leading approach to theorizing justice–John Rawls’ conception of “justice as fairness”– employs a contract doctrine, albeit of a somewhat modified kind. There, too, the idea is that an initial agreement, struck under special conditions of fairness, settles the principles of justice that will govern a society. The fundamental thought driving social contract theories is undeniably intuitive: What else could justify social rules and principles but the agreement of those who are to live under them? But, of course, there are fairly obvious problems with the very idea of a hypothetical prosocial fair agreement that results in principles and rules to govern actual societies. In Social Contract Theory for a Diverse World: Beyond Tolerance (Routledge, 2017), Ryan Muldoon (SUNY Buffalo) launches an original kind of criticism of social contract theory, both in its classical and current formulations. According to Muldoon, extant social contract theories do not take sufficient account of diversity. Muldoon then proposes a revised version of social contract theory, and also a reorientation in political philosophy itself. In Muldoon’s hands, social contract theory is not aimed primarily at the production and justification of principles of justice; rather, the social contract is a tool of discovery in an ongoing social experiment. 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 fascinating new book The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State (University of Chicago Press, 2017), Iza Hussin, Lecturer of Politics at University of Cambridge examines the transformation of Islamic law in colonial Malay, Egypt, and India. Combining archival, institutional, and political history, this book charts in staggering detail the centralization of Islamic Law in the shadow of colonial power during and after its attempted marginalization in Muslim societies. Much of this book is focused on explaining this apparent paradox, and a task that it achieves with convincing clarity. By presenting a nuanced and complicated picture of the interaction of colonial power and the colonized elite, Hussin offers a narrative of the making and remaking of Islamic Law in modernity that will delight the intellectual palate of specialists and non-specialists alike. SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at [email protected]. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With public debate about immigration law and policy at a peak, Anna Law is on the podcast this week to discuss her book The Immigration Battle in American Courts (Cambridge University Press, 2014) which came out in paperback in 2014. Law is the Associate Professor and Herb Kurz Chair in Constitutional Rights Political Science at Brooklyn College, CUNY. In the book, Law assesses the role of the federal courts in immigration going back to the late 18th century. She follows the institutional evolution of the Supreme Court and the US Courts of Appeals through the early 2000s as new waves of immigrants arrive in the country. What she discovers is that by the turn of the 20th century, a division of labor developed between the two courts as the Courts of Appeals retained its original function as error-correction courts, and the Supreme Court was reserved for the most important policy and political questions. We ended our conversation about the book by reflecting on how the courts may treat the Trump administration executive order on immigration. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law