New Books in Law

John Hadley’s Animal Property Rights: A Theory of Habitat Rights for Wild Animals (Lexington Books, 2015) presents a novel approach to addressing habitat and biodiversity loss: extending liberal property rights to wildlife. Hadley argues that a guardianship system could effectively protect the rights of wild animals to resources in the territories they inhabit. In turn, the guardians of particular animals or a particular species could challenge land use plans that might threaten the ability of these animals to meet their basic needs. Though grounded in philosophical theory, Hadley’s focus is pragmatic. He is interested in producing an institutional design that could be effectively incorporated into policy and practice. His proposal also aims to solve some key problems in wildlife conservation. It bridges the seemingly divergent interests of environmentalists focused on the protection of the collective (e.g., ecosystems) and those of animal rights proponents focused on the survival of individuals. Here, common ground is found in habitat protection, a shared value that reconciles the differences between these groups. Hadley’s proposal also ensures animals become vocal stakeholders in land use and conservation initiatives, able to compete with agendas that might be incompatible with animal or habitat protection. It also begins to overcome the anthropocentrism that (perhaps inevitably) pervades conservation practice. By determining animal property rights boundaries on the basis of territorial behavior, Hadley’s proposal privileges animal actions and interactions over human-centric interests. Although their rights would be advocated by a human guardian in a person-centered legal system, if implemented, this theory would ensure the interests of wild animals are taken seriously. This is a book of critical relevance to those interested in issues of human-wildlife conflict, biodiversity protection, and human/nonhuman relationships. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. 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

For more than 50 years, Huntsville prison put on an annual rodeo throughout the month of October to entertain prisoners, locals, and visitors from across the nation. In his new book Convict Cowboys: The Untold History of the Texas Prison Rodeo (University of North Texas Press, 2016), Sam Houston State University criminal justice and criminology professor Mitchel Roth explores the history of the rodeo. The Texas Prison Rodeo began as a small event intended to serve essentially as recreation for prisoners, but grew into an important fundraiser and a nationally known show. It included a range of traditional rodeo events and contests, but also added other acts drawn from various forms of American popular entertainment as cultural sensibilities and prisoner interests changed. The rodeo was, in some ways, one of the more positive aspects of an otherwise brutal and underfunded prison system. Inmates were able to win prizes and interact with the free world, and the proceeds from the rodeo helped provide services the legislature refused to fund. The rodeo was also dangerous, however, and developed against the background of a prison system based on forced labor and corporal punishment. In this episode of New Books in History, Roth discusses his new book. He tells listeners about the origins of the rodeo, its development over the decades, and its demise. Throughout its life, the racial and gender dynamics of the rodeo changed with time as did its main events. Its popularity grew to a height with Western nostalgia in the 1950s, but by the 1980s, changing prison populations and changing cultural norms surrounding issues like the treatment of animals brought the rodeo’s run to an end. In addition to discussing the life of the rodeo, Roth also discusses controversies surrounding it, the research he completed for the book, and his current project in this episode. 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]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The philosopher (and 1972 presidential candidate) John Hospers once wrote, “justice is getting what one deserves. What could be simpler?” As it turns out, this seemingly simple idea is in the opinion of many contemporary political philosophers complicated enough to be implausible. According to many these theorists, the question of what one deserves is no less vexed than the question of what justice requires. Some even hold that the question of what one deserves can be answered only by reference to a conception of justice. Accordingly, it seems as if a defense of Hospers’ simple idea requires a lot of effort. In Distributive Justice: Getting What We Deserve from Our Country (Oxford University Press, 2016), Fred Feldman provides an original version of desertism, the view according to which justice prevails in a society when all of its members get what they deserve from whatever entity has the job of enacting justice. He forcefully argues that, once it is articulated with the requisite nuance and precision, desertism is an attractive conception of distributive justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The 9/11 attacks revealed a breakdown in American intelligence and there was a demand for individuals and institutions to find out what went wrong, correct it, and prevent another catastrophe like 9/11 from ever happening again. In Rogue Justice: The Making of the Security State (Crown Publishers, 2016) Karen J. Greenberg discusses how the architects of the War on Terror transformed American justice into an arm of the Security State. She tells the story of law and policy after 9/11, introducing the reader to key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim. Expanded intelligence capabilities established after 9/11 (such as torture, indefinite detention even for Americans, offshore prisons created to bypass the protections of the rule of law, mass warrantless surveillance against Americans not suspected of criminal behavior, and overseas assassinations of terrorism suspects, including at least one American) have repeatedly chosen to privilege security over the rule of law. The book addresses how fear guides policy and the dangers of indulging these fears. Karen concludes that “[t]he institutions of justice, caught up in the war on terror, have gone rogue.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sabeel Rahman is the author of Democracy Against Domination (Oxford University Press, 2016). Rahman is assistant professor of law at Brooklyn Law School. Combining perspectives from legal studies, political theory, and political science, Democracy Against Domination reinterprets Progressive Era economic thought for the challenges of today. The book offers a new approach to regulation and governance rooted in democratic theory and the writing of Louis Brandeis and John Dewey. In order to oversee complex economic activities and financial markets, Rahman argues for more democracy, not less, more participation by citizens and more participatory institutions established to facilitate this aim. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand (University of Hawaii Press, 2016) is a rewarding, multilayered study of how Thailand became the Kingdom of Crime, and its police, masters of simulation and representation. While working towards an account of the visual culture of criminality, Samson Lim carefully documents the establishment and growth of the police force in Thailand, hitherto Siam, and its adoption of technologies to identify, name, class, measure, investigate and explain criminal phenomena. Photography, mapping and fingerprinting altered fundamentally conceptions of what constituted evidence. Perceptions of what crime is and how it can be captured for presentation at trial also underwent profound change. According to Lim “the determination of how things should look became a key preoccupation of the state.” With time, crime scene reconstruction morphed into a powerful new genre of reenactment, which ostensibly helps to organize existing knowledge about crime, while in fact doing something altogether different. Together, Lim convincingly shows, reconstruction and reenactment have brought the criminal act to life, not only for the purposes of assembled judges, but perhaps even more importantly, for the cameras of assembled journalists. Need proof? Look no further than the cover of your typical Bangkok daily. Samson Lim joins New Books in Southeast Asian Studies to talk about the chronotope of crime, science and technology studies, epistemological history, modus operandi, the aesthetics of reenactment, and, of course, murder in Thailand’s vernacular press. 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

In this episode of the H-Law Legal History Podcast I talk with Associate Professor of English at The Ohio State University at Marion, Sara L. Crosby about her new book, Poisonous Muse: The Female Poisoner and the Framing of Popular Authorship in Jacksonian America (University of Iowa Press, 2016). Crosby discusses how the trope of the female poisoner permeated popular literature in the mid-nineteenth century. In her analysis of the 1840 murder trial of Hannah Kinney, we see how the partisan press used the accused as a vessel through which to fight-out central political battles of the day. We then see how jury decisions may serve as a metric for determining which metaphors and cultural frames are prevailing at a point in time. Following a popular metaphor enables Crosby to track the cultural tides influencing law and politics in Jacksonian America. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Timothy Sandefur’s new book, The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It (Encounter Books, 2016) is an argument against the restrictions on individual liberty by local, state and federal governments. Sandefur, the Vice President of Litigation at the Goldwater Institute, contends that the politics of the Progressive Era in America resulted in a faith in experts and empirical data that held the promise of a well-managed society. But Sandefur contends that such a well-intentioned effort resulted in laws that actually mismanaged many aspects of society and resulted in injustices. For example, the Civil Rights Movement was not only hindered by racism, but also by laws and regulations, such as licensure laws that raised barriers to entry in new trades and zoning laws that restricted affordable housing stock. Sandefur also reviews the importance of courts in recognizing and protecting individual liberties against such laws. Sandefur seeks to persuade readers that liberty from the ability to engage in business without significant costs mandated by the government, to the freedom to try experimental drugs that have not yet gained federal approval should not be regarded as a privilege bestowed by the government. Instead, he contends that liberty is a right possessed by all people regardless of their political or economic power. 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

The Pope said that Donald Trump wasn’t much of a Christian if all he can think about is building walls. Trump replied that it was “disgraceful” for a any leader, even the Pope, “to question another man’s religion or faith.” I imagine that many Americans agreed with Trump on this score. But is Trump’s “radical tolerance” position really sensible? Can’t someone reasonably and respectfully say to another “Gee, I think you’ve got that particular point of scripture wrong” or even “I think your faith is, well, misguided for reasons X, Y an Z”? In his thought-provoking book The Limits of Religious Tolerance (Amherst College Press, 2016), Alan J. Levinovitz argues that we can and indeed must question religion, both our own and everyone else’s. How else, he asks, are we to understand why we and our fellow citizens believe what we say we believe? To be sure, Levinovitz advises that we only engage in critical discussions of religion in certain, well-defined contexts: churches, synagogues, mosques and such are good places to practice religion, not debate it. In contrast, Levinovitz proposes, universities–places defined by rational investigation and (in theory) civil discussion–are perfect for debates about religion. And, Levinovitz continues, institutions of higher education should do everything in their power to encourage it. Thanks to Amherst College Press, Levinovitz’s wonderful book is available free for download here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rebecca S. Natow, Senior Research Associate with the Community College Research Center at Teachers College, Columbia University, joins New Books Network to discuss her recently published book, entitled Higher Education Rulemaking: The Politics of Creating Regulatory Policy (Johns Hopkins University Press, 2016). In the book, she explores what happens after higher education legislation becomes law, specifically focusing on implementation of programs and rules in the sector. For the study, in-depth interviews were conducted with individuals from the US Department of Education, congressional staffers, representatives from higher educational institutions, both student and consumer representatives, mediation experts, state government officials, and representatives from the lending industry. Professor Natow previously joined New Books Network to discuss The Politics of Performance Funding for Higher Education Origins, Discontinuations, and Transformations. For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Timothy S. Huebner, the Irma O. Sternberg Professor of History at Rhodes College in Memphis, has written Liberty & Union: The Civil War Era and American Constitutionalism (University Press of Kansas, 2016), a one-volume history of the constitutional debates regarding slavery and sovereignty from the Declaration of Independence through the end of Reconstruction. Huebner brings together three strands of history: African American history, military history, and constitutional/political history. In doing so, he joins often disparate areas of inquiry in an account of the unresolved questions from the Founding Era: 1) what would become of slavery? and 2) what was the nature of the Union and how was sovereignty divided between the states and federal government? Huebner reviews the competing theories and political events that repeatedly stoked debate and conflict over how slavery would be handled in a federated constitutional republic. Huebner makes original contributions to the debates about the Civil Wars origins and outcomes by integrating the political and military contributions of African Americans, especially norther free blacks of the antebellum period and blacks from North and South who sought freedom and fought in the war. Additionally, Huebner denotes how the conduct of the war revealed the political and constitutional views of military and civilian commanders on both sides. Huebner concludes that the Civil War and Reconstruction provided definitive answers to the questions of slavery and sovereignty: slavery was extinguished and the sovereignty of the people (rather than the states) had been vindicated. This is a work intended for general readers and professional historians. 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

Jen Manion is an associate professor of history at Amherst College. Her book Liberty’s Prisoners: Carceral Culture in Early America (University of Pennsylvania Press, 2016) offers a detailed examination of how the reform regimen of incarceration developed as the new American nation was experiencing deep social and political transformation. The place of women, African-Americans, immigrants and the poor was recast by new attitudes toward maintaining the social order through the patriarchal family, heterosexual regulation and the property system. Penitentiaries were designed to replace harsh British methods of corporal punishment with republican reform for those accused of property crimes, vagrancy, and public disorder. Reform was imposed through a system of work and submission to disciplinary authority. Within the walls of the prison, women approximated the model of domesticity and submission, while men faced the challenge of demonstrating manly responsibility within a system of denigration. Both men and women charged with crimes resisted the imposition of gender expectations and social hierarchies making their own claims to liberty. Manion not only looks at the gender dynamics but also how race and ethnicity shaped the experience of prisoners as potentially good citizens. By examining the social history of a failed penal system, Liberty’s Prisoners offers a window into the gender and race system of the new republic. Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation. 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 brilliant new book Beginnings of Islamic Law: Late Antique Islamicate Legal Traditions (Cambridge University Press, 2016), Lena Salaymeh, Associate Professor of Law at Tel Aviv University, presents a fascinating account of the historical unfolding of Islamic Law that combines dazzling textual analysis with cutting-edge theoretical interventions. Beginnings of Islamic Law makes a formidable and eminently convincing case for a carefully historicized approach to the study of Islamic law while arguing for the intimate entanglement of law and history. Another hallmark of this book is its focus putting Islamic Legal traditions in conversation with Jewish Law in singularly productive ways. Through a historically grounded and theoretically sophisticated comparison of Islamic and Jewish Law on specific questions of ethics and practice such as women initiated divorce, treatment of prisoners of war, and circumcision, this book highlights important and often surprising points of overlap and divergence. In our conversation we talked about the major themes, arguments, and possible misinterpretations of the book. Beginnings of Islamic Law will be of great interest to all students of Islam, Islamic Law, Jewish Law, Legal Studies, and the study of Religion more broadly. It should also make an excellent text for courses on these subjects. 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

What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies. 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

It’s been said that for poor and low-income Americans, the law is all over. Join us for a conversation with Vicki Lens, who, in Poor Justice: How the Poor Fare in Court (Oxford University Press, 2015), shows us how vulnerable populations interact with the legal system. Prof. Lens will talk about fair hearings for welfare applicants, cases of child maltreatment and neglect, the ways in which the law protects and coerces people with mental illness, and the implications for homelessness on New York’s right to shelter. 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

Leon Wildes is the author of John Lennon vs The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History (Ankerwycke 2016). Wildes is an immigration attorney and the founder partner of Wildes & Weinberg. As immigration issues dominate the discussion of President-Elect Donald Trump’s transition to power, Wildes takes us back to the dramatic deportation case of John Lennon. Part legal analysis, part legal history, John Lennon vs. The U.S.A. shows the way presidential politics played out in the case against Lennon. Wildes, Lennon’s lawyer in the case, retells the case for the first time in this interesting new book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Marc Steinberg is a professor of sociology at Smith College. His latest book, England’s Great Transformation: Law, Labor, and the Industrial Revolution (University of Chicago Press, 2016) is a response to Karl Polyani’s vision of an emerging modern labor market in The Great Transformation. Steinberg complicates our understanding of changing power relations by examining how workers were contracted to their employers. The book is centered around three case studies of employers using draconian master-servant laws to control the labor force. Historically rigorous and sociologically imaginative, Steinberg’s analysis does true justice to the stories of his subjects. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Quantification is not usually the first thing that comes to mind when hearing or reading about the United Nations High Commission on Human Rights (OHCHR). Yet in the 21st century, a wide range of policy and advocacy agendas begin with numbers. Those numbers become indicators, composites, standards, and measurement tools, which then get adopted in advocacy rhetoric or policy practice. In The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking (University of Chicago Press, 2016), Sally Engle Merry combines ethnography, human rights, and science and technology studies to explore how people living in vulnerable situations across the globe are represented by the numbers designed to both name and support them. While numbers do not have agency, and cannot help or hurt on their own, Merry dedicates most of the book to untangling the politics and practice of developing standards and indicators, and interpreting the realities that come with “governance by numbers.” The genealogy of these indicators and standards are given as much space as their application, as Merry describes their highly political origins and a process of their subtle acceptance as normalover time. With roots in colonial authority and population management, indicators have been developed and used for a range of purposes in governance: to manage people, resources, planning, dissent, and reputations among others. Merry explores indicators and indices from legal, anthropological, historical, and genealogical perspectives, describing a range of unexpected stewards from short-term United Nations consultants to U.S. State Department officials to computer algorithms. While the book focuses on the globalization of definitions, measurements, and management techniques, it simultaneously explores the widely varied phenomena of gender violence, human rights, and human trafficking. On a set of topics that have been broadly fetishized, the overlay of quantified assessments and accompanying responses to them raises many questions about voice, politics, and international policy-making among many other topics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1971, prisoners took over Attica Correctional Facility in upstate New York. The uprising followed a wave of protests in prisons and jails across the state and nation. Prisoners sought to draw public attention to years of mistreatment and abuse as they held prison employees hostage and invited the media into the facility. Four days after the takeover, state officials ended talks abruptly and retook the prison using massive force. Both prisoners and guards were killed and injured in the ensuing gunfire. In Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Pantheon, 2016), University of Michigan professor, Heather Ann Thompson, tells an untold story of this uprising and its legacy. After the retaking of the prison, state troopers and corrections officers violently retaliated against the prisoners, committing human rights violations for which the state of New York failed to prosecute any officials. Thompson’s book thoroughly documents the state’s decades-long cover-up of officials’ criminal violence during and after the uprising. Instead of substantially reforming prison conditions or thoroughly investigating crimes on all sides, they focused on prosecuting prisoners and publicly blaming all violence on them. Blood in the Water is extremely relevant today. Criminal justice reform has become an urgent political issue in the 21st century. Prisons are overcrowded and as numerous scholars and politicians have noted, the current system of mass incarceration overwhelmingly targets black and brown men, ruining lives and causing upheaval in communities of color. Historians have recently been examining the roots of this modern system in an effort to understand both its origins and its present character. Thompson’s work provides key insights into the ways this system developed and how it protects and perpetuates state violence. In this episode of New Books in History, Thompson discusses her new book. She tells listeners about the uprising and its aftermath. She also discusses the difficulty of completing this research, which speaks to the continued efforts of the state to keep the full narrative of events during the uprising from public view. Finally, she briefly speaks to the importance of the Attica uprising for understanding mass incarceration and the broader criminal justice system today. This acclaimed new book reveals important new information about the uprising and its aftermath that has previously been concealed from the public. It is a National Book Award finalist and has received significant praise. It has been written about or reviewed in the New York Times, The New Yorker, The New York Book Review, among other publications. Thompson has given Congressional staff briefings on the subject of mass incarceration in the United States and written about the topic in numerous popular and academic venues. 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]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory body. Thomas contends that this state of affairs harms all actors in the American system: the traditional three branches of government, judges, juries, citizens, and parties to civil and criminal lawsuits. She urges reforms that will enhance juries power to not only decide cases, but to check the power of prosecutors and legislatures. 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

In Feminine Law: Freud, Free Speech, and the Voice of Desire (Karnac Books, 2016), Psychoanalyst Jill Gentile explores the intersection between Freuds fundamental rule of free association and freedom of speech in a democracy, two subjects with obvious connections; however, as Gentile points out, surprisingly few writers have attempted to linked the two. In this interview, which spans the history of psychoanalysis and the U.S. Constitution, Gentile describes how both the psychological discipline and the political system aim at common goals, and that both psychoanalysis and democracy situate freedom in a particular space, a space governed by what Gentile calls a feminine law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Savage Portrayals: Race, Media, and the Central Park Jogger Story (Temple University Press, 2014) offers a timely reminder of how racial bias and prejudice continue to shape political perspectives and dominant media narratives. Drawing on her unique experience as a journalist covering the case, Natalie Byfield explores the media response to and framing of the Central Park Jogger case which gained national attention during the late 1980s. Byfield is a cultural sociologist, who has taught in the fields of sociology and media studies. She is an associate professor at St. John’s University in Queens, New York where her research centers on the sociology of knowledge. She examines language, media systems, and methodologies exploring their roles in the production and construction of race/class/gender inequalities. In 1989 she was a member of a reporting team nominated by the Daily News for a Pulitzer Prize relating to the papers coverage of the Central Park Jogger case. Dr. Byfield is also the recipient of a Charles H. Revson Fellowship at Columbia University and a National Science Foundation Fellowship. Her current book project is titled Minority Report: Place, Race, and Surveillance in New York City. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Damien M. Sojoyner, Assistant Professor of Anthropology at the University of California, Irvine, joins the New Books Network to discuss his recently published book, entitled First Strike: Educational Enclosures in Black Los Angeles (University of Minnesota Press, 2016). Through both ethnographic and historical analyses, First Strike explores the tragic relationship between education and the prison system in California. For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can children grow to realize their inherent rights and respect the rights of others? In Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children’s literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children’s lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child — the most widely-ratified human rights treaty — not only ensures that children have rights, it also requires that states make those rights “widely known, by appropriate and active means, to adults and children alike.” This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children’s Literature investigates children’s rights under international law — identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights — and considers the way in which those rights are embedded in children’s literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children’s rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them. Learn more at: www.jonathantodres.com Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016), a biographical picture book–the first for young children about Justice Ginsburg’s life–tells the justice’s story through the lens of her many famous dissents, or disagreements. Award-winning children’s book author, Debbie Levy, demonstrates Ruth Bader Ginsburg’s persistence and highlights notable cases in which she was a participant, such as Frontiero v. Richardson (1973), which was an important win for equal rights for women. Debbie Levy has written many powerful nonfiction narratives for children, including We Shall Overcome: The Story of a Song, The Year of Goodbyes: A True Story of Friendship, Family and Farewells, and Dozer’s Run: A True Story of a Dog and His Race. Ms. Levy is a former lawyer and newspaper editor. Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bob Mionske is a Portland, Oregon based attorney whose practice focuses on representing cyclists. He gained his cycling experience at the highest levels, riding twice as a member of the United States Olympic racing team in 1988 and 1992. Mionske was inspired to write Bicycling and the Law: Your Rights as a Cyclist (VeloPress 2007) when he realized that a popular commentary on cycling laws had not been published for over a hundred years. In the podcast Mionske discusses how early bicyclists like 19th century bicycle entrepreneur Albert Pope, established bike friendly rights of the road through protests, legislation, and litigation. Mionske also discusses common issues faced by modern cyclists and offers tips for reaching out to people who are biased against cyclists. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why is our criminal justice system so unfair? How do innocent men and women end up serving long sentences while the guilty roam free? According to law professor and scholar Adam Benforado, our systems problems stem from more than occasional bad apples; they start with deeply rooted biases we all hold and which influence the course of justice. Eugenio Duarte sat with him to discuss how these biases shape every step along the way, from how a crime is initially investigated, through the process of indicting and trying suspects, to ultimate determinations of punishment. His revelations, coming from empirical investigations and first-hand experience, are shocking and sobering. He documents them in his new book, Unfair: The New Science of Criminal Injustice (Penguin Random House, 2016), and also compels readers to take action to right the wrongs in how we delivery justice. Adam Benforado is Associate Professor of Law at Drexel University. He has published numerous scholarly articles, and his op-eds and essays have appeared in the Washington Post, the Philadelphia Inquirer, and Legal Times. Follow him on Facebook. Eugenio Duarte, Ph.D. is a licensed psychologist and psychoanalyst practicing in New York City. He treats individuals and couples, with specialties in LGBTQ issues, eating and body image problems, and relationship problems. Follow him on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

While many fans collect all kinds of memorabilia related to their favorite movies, others actually seek out and collect the actual celluloid films. For their book, A Thousand Cuts: The Bizarre Underground World of Collectors and Dealers Who Saved the Movies (University Press of Mississippi, 2016) Dennis Bartok and Jeff Joseph interviewed many of these collectors and learned about the issues they faced, both in finding their own special treasures, as well as the legal issues suffered by some of them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Katherine Turk is assistant professor of history at University of North Carolina, Chapel Hill. Her book Equality on Trial: Gender and Rights in the Modern American Workplace (University of Pennsylvania Press, 2016) explores how women tested the boundaries of work place equality following the passing of the Title VII of the 1964 Civil Rights Act. The under staffed Equal Employment Opportunity Commission was given the task of interpreting the ambiguous meaning of sex equality. Thousands of letters flooded the commission appealing to broader notions of fairness and sexual equality. The ambiguity of the law allowed women to assert expansive interpretations to include safer workplaces, higher wages, flexible schedules, equal pay and comparable worth. The EEOC struggled to apply the law as it dealt with sex-specific protective state laws, industry practices and common sense notions of gender. The backlog of claims pressed the EEOC to narrow the definition of sex equality and turned to statistics in developing cases to be tested in the courts. Turk examines multiple legal cases, union and industry conflicts that shaped the limits of sex equality falling short of fundamental change for working class women. Title VII was a powerful weapon that weakened the sex division of labor but was unable to overturn the white, male, breadwinner standard. Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sarah Abrevaya Stein’s rich new book, Extraterritorial Dreams: European Citizenship, Sephardi Jews, and the Ottoman Twentieth Century (University of Chicago Press, 2016) takes readers on a global journey in search of late 19th and early 20th century Sephardi Jews with roots in the Ottoman Empire who sought citizenship within European nations for a variety of reasons, including socio-economic mobility and political refuge. While analyzing complex legal systems and the ways in which different nations viewed their extraterritorial subjects, Abrevaya Stein never loses site of the individual experiences of Jewish men and women. Indeed, by offering a series of case studies that range from Salonica during the Balkans War to 1930s Shanghai and Baghdad, she demonstrates how questions over citizenship and status were often determined by local politics and personalities and could lead to vastly different fates for these Jewish “proteges.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When I first read Foucault’s Discipline and Punish as an undergrad, I remember wondering, “What does this look like, though? How might the disciplining of the body play out in different places?” Greg Eghigian, author of The Corrigible and the Incorrigible: Science, Medicine, and the Convict in Twentieth-Century Germany (University of Michigan Press, 2015) and Associate Professor of History at Pennsylvania State University, answers that question and more about the evolution of incarceration in modern Germany. Eghigian’s background is in both German history and the history of science, and his expertise in the latter shines through as he explores discourses of criminality among professionals in the fields of psychology, psychiatry, sociology, criminology, and medicine. He has done extensive previous work on the understanding and treatment of madness in modern Europe, and shows that many of the same concerns that motivated physicians, psychoanalysts, and reformers in the emerging field of psychology occupied criminologists in twentieth-century Germany, as well. Perhaps most importantly, the book provides a chronicle of how carceral norms emerge and evolve, one particularly instructive for an America which currently imprisons nearly 2.5 million of its people. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anger is among the most familiar phenomena in our moral lives. It is common to think that anger is an appropriate, and sometimes morally required, emotional response to wrongdoing and injustice. In fact, our day-to-day lives are saturated with inducements not only to become angry, but to embrace the idea that anger is morally righteous. However, at the same time, were all familiar with the ways in which anger can go morally wrong. We know that anger can eat away at us; it can render us morally blind; it can engulf our entire lives. So one might wonder: What exactly is the point of anger? In Anger and Forgiveness: Resentment, Generosity, Justice (Oxford University Press, 2016), Martha Nussbaum argues that, in its most familiar forms, anger is not only pointless, but morally confused and pernicious. Drawing lessons from the Stoics, Nelson Mandela, Gandhi, and Martin Luther King, Nussbaum advocates replacing anger with forms of generosity, friendship, justice, and kindness. She develops her critique of anger across the spectrum of human experience, from the intimate, to the interpersonal, and eventually the political. Along the way, she proposes important revisions to common ideas about punishment, justice, and social reform. 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 Myth of the Cultural Jew: Culture and Law in Jewish Tradition (Oxford University Press, 2015), Roberta Rosenthal Kwall, the Raymond P. Niro Professor of Intellectual Property Law at DePaul University College of Law, applies a cultural analysis framework to Jewish law, to show that Jewish culture has a grounding in Jewish law. The evolution of Jewish law is guided and shaped by human elements and shifting power dynamics. Kwall argues that both law and culture are necessary for forging meaningful Jewish identity. 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 Laws of Image: Privacy and Publicity in America (Stanford Law Books, 2016), Samantha Barbas provides a history of Americans’ use of law to manage their public image. She approaches this endeavor from the perspective of a legal and cultural historian, tracking the correlation between a growing American image consciousness and the rise of laws, such as the tort of invasion of privacy and damages for emotional distress, which enabled individuals to control and defend their public persona. 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 interview Kathleen J.P. Tabor, Esq. about a book she co-wrote with Jan I. Berlage, Maryland Equine Law: A Legal Guide to Horse Ownership and Activities (Go Dutch Publishing, 2011). Attorney Tabor describes how her practice as an Equine Lawyer brings her in touch with diverse areas of the law such as contract law, international law, and tort law. She also discusses how effective lawyering by attorneys who understand the horse industry help maintain positive relationships between and among equestrians. Kathleen is a solo practitioner of the Law Office of Kathleen J.P. Tabor, LLC, a general civil practice with a special focus on agricultural and equine businesses, activities, and ownership. Her practice has taken her all across the State of Maryland. In addition to her legal training, Kathleen is a trained mediator and collaborative practitioner. A life-member of the Maryland Horse Council, Kathleen was recently elected to the Executive Committee of the Board of Directors. She also serves on the advisory board of Maryland Fund for Horses, Inc. She is a member of the Maryland Farm Bureau, the American Horse Council, American College of Equine Attorneys and the American Agricultural Law Association (to name a few). Kathleen currently serves as the Trade and Support Industries representative on the Maryland Horse Industry Board, appointed by the Governor in 2009. Kathleen is also founding member of the Agriculture Law Section and of the Animal Law Section of the Maryland State Bar Association. She serves as a mentor to UB Law students and to others interested in equine law and related activities. Among other speaking venues, she is a regular speaker at the Maryland Horse World Expo. She has authored articles on equine related legal and dispute resolution issues, authored MHCs Guide to County Zoning and Horses and along with Jan I. Berlage is co-author of the book, Maryland Equine Law: A Legal Guide to Horse Ownership and Activities. Kathleen has had a life-long passion for horses. She is a pleasure rider, but also enjoys driving when the opportunity arises. She held a commercial carriage license driving Percherons and Belgians in the cities of Philadelphia and Baltimore and also held a pari-mutuel tellers license with the Maryland Jockey Club prior to 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

A lot has been going on in Myanmar in the last few years, and even people who are deeply familiar with the country have had trouble following and interpreting the many changes. Fortunately, Marie Lall’s new book, Understanding Reform in Myanmar: People and Society in the Wake of Military Rule (Hurst, 2016), brings the close attention to events of someone who has been intimately involved in efforts for reform in Myanmar together with an informed reading of how and why reforms have succeeded. Beginning her narrative in 2005, Lall describes how even in the period of unmediated military rule in the mid-to-late 2000s, people in Myanmar began to anticipate and act to effect changes that at the time were not easily discerned, yet which gave rise to conditions that enabled the more substantive changes of the 2010s. Closing with the overwhelming victory of the National League for Democracy in the 2015 general elections she offers a sober but optimistic view of the country’s current conditions and future prospects. Marie Lall joins New Books in Southeast Asian Studies to discuss Myanmar’s resilient civil society, the peace process, educational reforms, the rise of Buddhist nationalism, and hopes for years to come. Nick Cheesman is a fellow at 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

Sexual Abuse, Shonda and Concealment in Orthodox Jewish Communities (McFarland, 2014) analyzes how and why cases of child sexual abuse have been systematically concealed in Orthodox Jewish communities. The book (the first of its kind) thoroughly examines a number of recent cover-ups in detail, showing how denial, backlash against victims, and the manipulation of the secular justice system have placed Orthodox Jewish community leaders in the position of defending, protecting, and enabling child abusers. The book also examines the disappointing treatment of this issue in popular media, while dissecting the institutions that contribute to the cover-ups, including two–rabbinic courts and local Orthodox “patrols”–that are more or less unique to Orthodox Jewish communities. Finally, the book explores the cultural factors that have contributed to this tragedy, and concludes with hopes and proposals for future reform Michael Lesher, a writer and a lawyer, has published a number of articles about child abuse and is co-author of a book on the American family court system’s poor record of protecting children. An Orthodox Jew, he has also published short fiction and poetry and lives in Passaic, New Jersey. The second part of this interview can be listened to here. Jasun Horsley is the author of Seen & Not Seen: Confessions of a Movie Autist and several other books on extra-consensual perceptions. He has a weekly podcast called The Liminalist: The Podcast Between and a blog. For more info, go to http://auticulture.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Unclean Lips: Obscenity, Jews, and American Culture (New York University Press, 2014), Josh Lambert, Academic Director of the Yiddish Book Center and Visiting Assistant Professor of English at UMass Amherst, explores the role of Jews in the history of obscenity in America. Through a series of case studies, he shows how Jews battled censorship as writers, editors, publishers, critics, and lawyers. In their engagements in battles over obscenity, Jews have played a previously underappreciated role in transforming American culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Working against the tendency to conflate the analytic categories “rule of law,” and “law and order,” Nick Cheesman’s Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order (Cambridge University Press, 2015) makes a significant two-fold contribution, one as “the first serious attempt for half a century to situate Myanmar’s courts in its politics;” and the other, that rather than reproduce the binaried, linear thinking inherent to terms like “rule by law,” Cheesman exposes and repairs a significant conceptual weakness in rule of law scholarship through the analytic lens of law and order. Martin Krygier writes, “Opposing the Rule of Law combines three elements rarely seen in one place: fine-grained, indeed masterly, unravelling of Myanmar criminal laws social and political history, character and significance; an original and sophisticated account of the rule of law and its enemies in Myanmar, generally, and in principle; and uncommonly fine prose. It is a tour de force, instructive–indeed illuminating–and a pleasure to read.” Eve Darian-Smith highlights the study’s rich empirical research and assesses the book as “an extraordinary achievement.” Engaging with Opposing the Rule of Law’scareful and nuanced analysis reveals that this praise, from leading scholars of rule of law, social theory, legal anthropology, and socio-legal studies, is well deserved. Jothie Rajah is Research Professor at the American Bar Foundation, Chicago. She writes on rule of law discourses and 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

As a trailblazing attorney, Bessie Margolin lived a life of exceptional achievement. At a time when the legal profession consisted almost entirely of men, she earned the esteem of her colleagues and rose to become one of the most successful Supreme Court advocates of her era. Doing so, as Marlene Trestman demonstrates in Fair Labor Lawyer: The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie Margolin (Louisiana State University Press, 2016), required overcoming not just the ingrained assumptions that men had towards professional women during that time but also the poverty of her early childhood and the loss of her mother when Margolin was only three years old. As Trestman reveals, Margolin exploited to the full the opportunities she was given as a ward of the Jewish Orphans Home in New Orleans, which provided her with a comfortable upbringing and a good education. From Newcomb College and Tulane University, Margolin went on to a fellowship at Yale University and a career in the federal government, which she began by participating in the defense of some of the most important laws to come out of President Franklin Roosevelt’s New Deal program and concluded by championing measures mandating equal pay and opposing age discrimination. And yet Trestman shows that for all of the sacrifices she made to establish a career for herself, Margolin did so on her own terms and in a way that many Americans can relate to today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Are solutions to marital problems always best solved through legal means? Should alternative dispute resolutions be celebrated? In her latest book The Trouble with Marriage: Feminists Confront Law and Violence in India (University of California Press, 2015) Srimati Basu answers such questions and many more through explorations of ‘lawyer free’ courts and questions surrounding understandings of domestic violence, analyses of the way rape intersects with marriage and how kinship systems change with legal disputes and by delineating the most important acts that frame marriage law in India. Theoretically and politically astute the book offers an ethnographic insight into legal sites of marriage trouble in India. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The landscape described in Bernard Harcourt‘s new book is a dystopia saturated by pleasure. We do not live in a drab Orwellian world, he writes. We live in a beautiful, colorful, stimulating, digital world a rich, bright world full of passion and jouissance–and by means of which we reveal ourselves and make ourselves virtually transparent to surveillance. Exposed: Desire and Disobedience in the Digital Age (Harvard University Press, 2015) guides us through our new digital age, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual. Other actors from advertisers to government agencies can compile huge amounts of information about who we are and what we do. Whether they use it to recommend other products to buy or track our movements, Harcourt argues that the influence and interests of other actors is often hidden from us. Despite leaks of classified materials about the extent of this surveillance, public outrage is limited and mild. The scale of data collection and tracking is not a national let alone a global scandal. According to Exposed, are appetites are too well satisfied and our attentions too distracted. Harcourt prods us to practice digital disobedience, lest we will remain in a digital mesh that will only continue to restrict our privacy and anonymity underneath its beautiful, shiny suit. John Balz is Director of Strategy at VML, a full-service marketing agency with offices around the globe. He has spent his career applying behavioral science strategies in the marketing and advertising field through direct mail and email, display and .coms, mobile messaging, e-commerce and social media. You can follow him on Twitter @Nudgeblog and contact 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 Mary Ziegler, Stearns Weaver Miller Professor of Law at Florida State University College of Law about her book, After Roe: The Lost History of the Abortion Debate (Harvard University Press, 2016). Ziegler’s work revolves around Roe v. Wade and uses this landmark American abortion rights case to explore broad questions such as litigation as a vessel for social change and the role the court plays in democracy. To explore these questions, in addition to archival research Ziegler also did over one hundred oral histories. This method has allowed her to go beyond caricatures of people in the pro-life and anti-abortion camps and to delve deeply into their motivations and look at the angles they approached the abortion issue with great precision. Roe is often seen as a cautionary tale for judicial intervention as described for example by both right leaning Supreme Court Justice Antonin Scalia and left leaning Justice Ruth Bader Ginzburg. Her research reveals, however, that much of the polarization that we’ve blamed on the Supreme Court had little to do with what the court said in Roe. She discusses how the bright line divide between the pro-life and pro-choice movements had not yet coalesced in the 1970s. Some other topics we discuss are: –Whether Roe prematurely ended debate about the meaning or scope of abortion rights –The forces that brought together the political right and the pro-life movement –Roe as a canvas onto which activists could project different strategic aims Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

First things first: Matthew H. Sommer‘s new book is an absolute must-read for anyone interested in the history of China and/or the history of gender. Based on 1200 legal cases from the central and local archives of the Qing dynasty, and focusing on the rural poor rather than the elite, Polyandry and Wife-Selling in Qing Dynasty China: Survival Strategies and Judicial Interventions (University of California Press, 2015) looks carefully at polyandry, wife sale, and a variety of intermediate practices that mobilized a woman’s sexual & reproductive labor to help support her family. In a series of chapters that use fascinating stories and documents to transform how we understand what constitutes Qing law, Sommer’s book compellingly argues for the impossibility of maintaining a clear-cut, binary distinction between sex work and marriage in the Qing. The records on which Sommer bases this magisterial account are full of stories that are themselves worth the price of admission, sensitively rendering the lives of husbands, wives, children, and their communities as they attempted to navigate difficult, complex, and moving circumstances. This is a book that will change not only how we understand marriage, gender, family, and sex in late imperial China, but also how we think about these and related concepts more broadly conceived. Highly recommended! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Peter K. Enns is the author of Incarceration Nation: How the United States Became the Most Punitive Democracy in the World (Cambridge University Press, 2016). Enns is Associate Professor in the Department of Government and Executive Director of the Roper Center for Public Opinion Research at Cornell University. The rise of mass incarceration in the United States is one of the most critical outcomes of the last half-century. Incarceration Nation combines close analysis of Barry Goldwater and Richard Nixon’s presidential campaigns with 60 years of data analysis. In contrast to conventional wisdom, Enns shows that over this time period, politicians responded to an increasingly punitive public by pushing policy in a more punitive direction. The book also shows that media coverage of rising crime rates fueled the public’s attitudes. More recently, a decline in public punitiveness helps explain the current bipartisan calls for criminal justice reform. 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 Mexico, before World War Two, Catholic sisters in full habits routinely taught in public schools. In her fascinating new book, Religious Lessons: Catholic Sisters and the Captured Schools Crisis in New Mexico (Oxford University Press, 2012), Dr. Kathleen Holscher explores how this curious situation arose and how this partnership between public schools and female religious orders was brought to an end by the court case Zellers v. Huff. Through a sensitive and rich exploration of diverse sources, including trial transcripts and her own interviews, Holscher captures the complex ways people in New Mexico and the wider United States understood religious freedom and the proper relationship between church and state while constructing a fascinating and ultimately moving narrative of division and reconciliation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Douglas Clark’s new Gunboat Justice: British and American Law Courts in China and Japan (1842-1943) (Earnshaw Books Limited, 2016) is a three-volume study of extraterritoriality and its transnational histories as it shaped modern China and Japan. Clark is both historian and master storyteller in this work, crafting a study moves readers chronologically through a story of extraterritoriality from the middle of the nineteenth century through the middle of the twentieth, while introducing some amazing figures and characters along the way. (Keep a lookout, readers, for the “man’s man” who meets a ghost and asks it if it’s drunk.) Clark pays special attention to analyzing the very different results of the impact of extraterritoriality in Japan and China. Enjoy! Carla Nappi is Associate Professor of History at the University of British Columbia. Her research and writing concern the histories of science, medicine, materiality, and their translations in early modern China. You can find out more about her work by visiting www.carlanappi.com. She can be reach 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

Stereotypes should always be viewed with skepticism. That said, when we consider Jewish kids from Brooklyn we ordinarily think of well-behaved, studious types on their way to “good schools” and professions of one sort or another. Rude boys roving the streets of New York seeking to “cleanse” the city by assaulting and even killing “bums” do not readily come to mind. Yet there were such Jewish thugs in the 1950s. Mariah Adin tells their tale in her wonderful book The Brooklyn Thrill-Kill Gang and the Great Comic Book Scare of the 1950s (Praeger, 2014). In the summer of 1954, the Brooklyn “Thrill Killers” murdered two men and tortured several others. All of the victims were essentially indigent men. After the boys were captured, it was discovered that their leader, troubled teenager Robert Tractenberg, was fascinated with the Nazis. Not only that, he was a big fan of violent horror comic books, some of which contained avenging characters. These facts led investigators to believe that the message found in the comics influenced the Thrill Killers’ violent mission and methods. In other words, the violent comics were corrupting youth and were, perhaps, at the root of a perceived national upsurge in “juvenile delinquency.” If this were true, then some sort of censorship might be in order. But what of constitutional considerations? Listen in and learn how it all played out. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Parsis, also known as Zoroastrians, were deeply entwined with the colonial legal system of British India and Burma, far beyond what one might expect from their relativity small numbers. Mitra Sharafi, in her wonderful new book Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014), explores this anomaly and how – as legislators, lawyers, litigants, judges and lobbyists – they managed to maintain the contours of their distinctive ethno-religious community. With fascinating legal cases, lively personalties and a deep discussion of how identity and litigation interact, Law and Identity in Colonial South Asia is a compelling and engaging account of a community with a unique and intriguing relationship with colonial rule. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law