New Books in Law

Richard L. Hasen has written Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press, 2016). Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. In the midst of the most expensive presidential contest in U.S. history, is money buying access and influence? Are super PACs corrupting the democratic process? Or are eager supporter simply exercising their First Amendment rights? In Plutocrats United, Hasen argues that these may be the wrong questions and the long-standing debate between corruption and free speech – so long a part of constitutional discussions of the issues – is in need of an overhaul. Instead, he suggests that a renewed focus on political equality could reshape the way the country and the Supreme Court considered the role of money in politics. Hasen makes specific policy recommendations for what a new campaign finance regime might look like, and why this new approach would advance the democracy as well as the principle of political equality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After World War II, the newly formed United Nations and what might be called a global community of nations that included the United States, worked to create a more extensive code of international law. The urge stemmed from the events of World War II, including the atrocities of the war that resulted in war crimes trials and tribunals afterward. The new effort included a move to implement new enforcement mechanisms and insure that the agreed upon international standards were upheld and violators punished. During this same period, the United States military significantly expanded its global presence. Throughout the Cold War and after, U.S. troops were stationed at bases in more countries than ever before, which each required Status of Forces Agreements laying out, among other things, jurisdiction over U.S. troops. This increased global presence also meant more American soldiers, and in some cases civilians accompanying the military for various reasons, were in the position to violate these international standards. Yet, despite a prominent role in spreading universal standards of international law, U.S. policymakers strongly resisted any compromise to U.S sovereignty in upholding these laws. Patrick Hagopian, senior lecturer in History and American Studies at Lancaster University, has a new book, American Immunity: War Crime and the Limits of International Law (University of Massachusetts Press, 2013) that looks at the relationship between the United States and war crimes jurisdictional questions. He discusses how not only did U.S. policymakers refuse to allow Americans to be prosecuted by international tribunals, but also U.S. courts failed to uphold international standards of justice. Policymakers felt that territorial and practical limitations placed acts committed abroad beyond the jurisdiction of civilian courts, while the Supreme Court decided veterans and civilians could not be court-martialed. This left a jurisdictional gap that existed for much of the postwar period. Though the My Lai massacre brought the gap into particular focus, Congress still failed to close it. This new book explains jurisdictional issues and the failure of American policymakers to adequately remedy. In this episode, we discuss the legal problem, the book’s insights as to their cause, and some of the (often failed) attempts to close the gap. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It seems obvious that children need to be loved, that having a loving home and upbringing is essential to a child’s emotional and cognitive development. It is also obvious that, under typical circumstances at least, for every child there are adults who should love them. It is perhaps not surprising, then, that many national and international charters and declarations specifically ascribe to children a right to be loved. But the idea that children have a right to be loved seems philosophically suspicious. Questions arise almost instantly: Could there be right to be loved? Could children hold such a right? To whom does the correlate duty to love a child fall? What would such a duty require? One might also begin to wonder: What are the implications of such a right for family, parenting, child-rearing, and adoption? In The Right to be Loved (Oxford University Press, 2015), S. Matthew Liao works carefully and systematically through all of these questions in providing a compelling defense of the idea that children indeed have a right to be loved. This is a fascinating book with a bold thesis. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anthony Maniscalco is the author of Public Spaces, Marketplaces, and the Constitution: Shopping Malls and the First Amendment (SUNY Press, 2015). Maniscalco is the director of the Edward T. Rogowsky Internship Program in Government and Public Affairs at the City University of New York. What can you say in a shopping mall? Maniscalco finds not that much, or at least not as much as you were in the past. Public Spaces traces the legal history of how the courts have interpreted balanced the property rights of shopping place owners with the first amendment rights of patrons. The book offers a new vision for how public spaces might be reimagined to re-emphasize public debate and discussion in shopping malls and places of commerce. 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 shining new book Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (Cambridge University Press, 2015), Hina Azam, Assistant Professor of Middle Eastern Studies at the University of Texas-Austin, explores the diversity and complexity of pre-modern Muslim legal discourses on rape and sexual violation. The reader of this book is treated to a thorough and delightful analysis of the range of attitudes, assumptions, and hermeneutical operations that mark the Muslim legal tradition on the question of sexual violation. Indeed, the most remarkable aspect of this book is the way it showcases the staggering range and diversity of approaches to defining and adjudicating rape that populate the Muslim legal tradition. Focusing primarily on the Maliki and Hanafi schools of law, Azam convincingly demonstrates that Muslim legal discourses on rape were animated and informed by competing ways of imagining broader categories such as sovereignty, agency, property, and rights. In our conversation, we talked about problems of translation involved in using the category of rape in relation to pre-modern discursive archives, proprietary and theocentric approaches to sexual ethics in medieval Islam, the differences between the Maliki and Hanafi school on defining and punishing male-female rape, and the implications and significance of this study to the contemporary legal landscape in Muslim societies. This meticulously researched and lucidly written book will be of much interest to students of Islam, Islamic Law, Gender and Sexuality, and Muslim intellectual history. It will also make a great contribution to upper level undergraduate and graduate seminars on these topics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historic Preservation in a Nutshell (West Academic Publishing, 2014), co-authored by Sara Bronin and Ryan Rowberry provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Some of the topics we cover are: * How the most enduring historic preservation laws manage to achieve protective aims while balancing a range of other values * The four primary methods of advancing the goals of the preservation movement. * The constitutional constraints on historic preservation laws * The ways historic preservation laws interact with Indian tribes and how they can be used to preserve native heritage 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 a perspective on Islamic law and jurisprudence be constructed responding to the lives and practices of diasporic Muslims while remaining deeply grounded in the foundational texts of the religion? In The Islamic Worldview: Islamic Jurisprudence–An American Muslim Perspective, Volume One, feminist philosopher and legal scholar Azizah al-Hibri (Univ. of Richmond Law School) engages in precisely this task. Providing an overview of the central sources and methods of law and jurisprudence in the Islamic tradition, al-Hibri elaborates what she calls the “Islamic worldview,” based in principles of harmony, equality, and justice. This guides her work to engage in sustained textual analysis of passages from the Qu’ran and hadith and to think through questions of gender, the family, and politics in Islam. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kerry Eleveld is the author of Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (Basic Books, 2015). Eleveld is a writer for DailyKos and a former reporter for The Advocate. We have all begun to write the histories of the Obama presidency, noting various accomplishments and failures. One of the most remarkable areas of accomplishment and change was the President’s transformation on gay rights. From a campaign that stumbled on the issue to a much bolder stance on don’t-ask-don’t-tell, DOMA, and other policies, the Obama White House was changed by gay rights and, in turn, changed America. According to Kerry Eleveld, he didn’t do this on his own. An assortment of advocates, activists, and bloggers pressured the White House to move gay rights issues from the edge his agenda. In Don’t Tell Me To Wait, Eleveld recounts this transformation as one of the reporters covering the President up-close. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ruben Flores is an associate professor of American Studies at the University of Kansas. His book Backroads Pragmatists: Mexico’s Melting Pot and Civil Rights in the United States (University of Pennsylvania Press, 2014) is the winner of the 2015 book award of the Society for U.S. Intellectual History. Flores recast the long U.S. civil rights movement by framing it within the exchange of ideas between Mexican and U.S. pragmatists. In a thoroughly research transnational history he demonstrates how post-revolutionary Mexican reformers adopted John Dewey’s pragmatism and Franz Boas’s cultural relativism in fostering assimilation of diverse native people into a pan-ethnic republic. Mexican educators Moises Saenzand Rafael Ramirez both studied under Dewey at Columbia University and were eager to apply his philosophy at home. In turn, U.S. reformers looked to Mexico’s scientific state as a living laboratory and a model for assimilating native people and Hispanics of the southwest, and blacks in the south into the “beloved community.” American educator George I. Sanchez, the psychologist Loyd Tireman, and the anthropologist Ralph L. Beals applied what they learned from Mexico’s three-tiered rural education program, administrative structure, and the concept of the Mexican “melting pot” to post-world war II school desegregation and civil rights battles in the U.S. As radical liberals, they believed in the power of government and education embodied in Mexico as effective in fostering cross-ethnic cooperation and a common vision. Flores has skillfully demonstrated how “backroads” intellectuals with a mutual desire for national unity and the preservation of local difference, along with a pragmatic belief in the connection between thought and action, crossed borders and fueled civil rights gains in the U.S. 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 first legal history course I took as an undergraduate, I read Lawrence M. Friedman‘s A History of American Law and American Law in the 20th Century and have been fascinated with the subject ever since. His most recent work, The Big Trial: Law as Public Spectacle (University Press of Kansas, 2015) combines the scintillating narrative style that he employs as the author of several mystery novels with the keen insights about law and society that he has revealed time and again in his numerous cornerstone works of legal scholarship. Per the book jacket, “The trial of O. J. Simpson was a sensation, avidly followed by millions of people, but it was also, in a sense, nothing new. One hundred years earlier the Lizzie Borden trial had held the nation in thrall. The names (and the crimes) may change, but the appeal is enduring–and why this is, how it works, and what it means are what Lawrence Friedman investigates in The Big Trial. What is it about these cases that captures the public imagination? Are the “headline trials” of our period different from those of a century or two ago? And what do we learn from them, about the nature of our society, past and present? To get a clearer picture, Friedman first identifies what certain headline trials have in common, then considers particular cases within each grouping. The political trial, for instance, embraces treason and spying, dissenters and radicals, and, to varying degrees, corruption and fraud. Celebrity trials involve the famous–whether victims, as in the case of Charles Manson, or defendants as disparate as Fatty Arbuckle and William Kennedy Smith–but certain high-profile cases, such as those Friedman categorizes as tabloid trials, can also create celebrities. The fascination of whodunit trials can be found in the mystery surrounding the case: Are we sure about O. J. Simpson? What about Claus von Bulow–tried, in another sensational case, for sending his wife into a coma? An especially interesting type of case Friedman groups under the rubric worm in the bud. These are cases, such as that of Lizzie Borden, that seem to put society itself on trial; they raise fundamental social questions and often suggest hidden and secret pathologies. And finally, a small but important group of cases proceed from moral panic, the Salem witchcraft trials being the classic instance, though Friedman also considers recent examples. Though they might differ in significant ways, these types of trials also have important similarities. Most notably, they invariably raise questions about identity (Who is this defendant? A villain? An innocent unfairly accused?). And in this respect, The Big Trial shows us, the headline trial reflects a critical aspect of modern society. Reaching across the nineteenth and twentieth centuries to the latest outrage, from congressional hearings to lynching and vigilante justice to public punishment, from Dr. Sam Sheppard (the “fugitive”) to Jeffrey Dahmer (the “cannibal”), The Rosenbergs to Timothy McVeigh, the book presents a complex picture of headline trials as displays of power–moments of “didactic theater”” that demonstrate in one way or another whether a society is fair, whom it protects, and whose interest it serves.” Some of the topics we cover are: (1) Classifications of the different types of headline trials; (2) How telling the story of headline trials also tells the story of the rise of mass media; (3) Why big trials are considered didactic theater. (4) The effect the familiarity we now have with celebrities has upon the trials that involve them. Lawrence Friedman is Marion Rice Kirkwood Professor of Law at Stanford 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

There has been a lot of talk in the United States recently about same-sex marriage. One obvious question is sociological: What are the implications of marriage equality for the longstanding social institution of marriage? But there are philosophical questions as well. What is the purpose of marriage? What are the goods that marriage helps individuals realize? Once marriage is no longer understood to be restricted to heterosexual couples, must we then question whether it should be restricted to couples? Why not recognize plural marital arrangements? Why should there be a civil institution of marriage at all? In Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage (Princeton University Press, 2015), Stephen Macedo explores a range of philosophical, moral, and legal issues pertaining to marriage. He argues that, as a matter of justice, marriage rights must be extended to same-sex couples. But he also argues that marriage as an institution should be restricted to monogamous couples. Along the way, Macedo engages with opponents across the political spectrum, from Natural Law theorists who contend that marriage is intrinsically a heterosexual relation to contemporary feminist philosophers who argue for expanding marriage to encompass plural networks of care. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Valuation is a central question in contemporary social science. Indeed the question of value has a range of academic projects associated with it, whether in terms of specific questions or in terms of emerging fora for academic publications. In Value Practices in the Life Sciences and Medicine (Oxford University Press, 2015), Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee bring together a range of authors to outline a new research programme. Alongside individual essays that range from the allocation of transplant organs, questions of plagiarism in science, the ownership of generically modified organisms though to desire and neuroscience, the book points to a new way to think through questions of valuation. As a result its importance moves beyond an STS audience to establish value practices as a vital framework for understanding contemporary life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire (Cambridge UP, 2015) is a new contribution to the study of Islam and more specifically to the history of Islamic Law and its development. Guy Burak, Middle Eastern and Islamic Studies librarian at New York University, explores the Ottomans’ adoption of one branch of the Hanafi legal tradition as the official school (madhhab) of the dynasty. The period of time in which this process occurred was during the 15th to 18th centuries, and Burak focuses on the lands of Greater Syria. What Burak seeks to illustrate is that through the adoption of an official school of law, the Ottoman hierarchy played a significant role in how the school of law was shaped. Examples Burak provides to demonstrate this phenomenon are the institutionalization of the position of mufti, the formalization of genealogical literature (tabaqat), and the canonization process of books essential to the school. In addition to examining the propagators of official Ottoman positions, Burak also examines how scholars not part of the Ottoman mainstream branch functioned and responded to these changes. Overall, this work represents and important contribution to the study of Islam, the history of Islamic Law, and Ottoman Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“America is a nation of immigrants.” Either this common refrain, or its cousin the “melting pot” metaphor is repeated daily in conversations at various levels of U.S. society. Be it in the private or public realm, these notions promote a compelling image of national inclusivity that appears not to be limited to particular notions of race, religious affiliation, gender, or national origin. Indeed, generations of American writers–like J. Hector St. John Crevecoeur, Ralph Waldo Emerson, Israel Zangwill, Emma Lazarus, and Oscar Handlin–have embedded America’s immigrant past into the collective psyche of its people and the epic telling of its history. Yet, as scholars of U.S. immigration history have asserted over the past few decades, the “nation of immigrants” narrative is blinded by both its singular focus on trans-Atlantic European migration and the presumption of immigrant assimilation and incorporation to Anglo American institutions and cultural norms. In her fascinating new study How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press, 2014) Professor of History and Urban Studies at UC San Diego Natalia Molina advances the study of U.S. immigration history and race relations by connecting the themes of race and citizenship in the construction of American racial categories. Using archival records held by the Immigration and Naturalization Service (INS), the U.S. Congress, local governments, and immigrant rights groups, Dr. Molina examines the period of Mexican immigration to the U.S. from 1924-1965. Employing a relational lens to her study, Professor Molina advances the theory of racial scripts to describe how ideas about Mexicans and Mexican immigration have been fashioned out of preexisting racial projects that sought to exclude African Americans and Asian immigrants from acquiring the full benefits of American citizenship. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Christine Desan, teaches about the international monetary system, the constitutional law of money, constitutional history, political economy, and legal theory at Harvard Law School. In this podcast we discuss her new book, Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2015). Per the books jacket, “Money travels the modern world in disguise. It looks like a convention of human exchange – a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself – along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money’s design brought capitalism to England. For centuries, the English government monopolized money’s creation. The Crown sold people coin for a fee in exchange for silver and gold. “Commodity money” was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard – all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money’s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.” Some of the topics we cover are: * How the work’s assertion that money is a mode of governance in a material world undermines claims in economics about money’s neutrality. * The “free minting” system and why legal enforcement was essential to it. * The radical redesign of money that began in the 17th century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When we study the history of a famous scientific figure – especially one that has gone on to become a cultural icon – we are dealing not just with a person, but also with an identity or series of identities that have been constructed over time. Eva Hemmungs Wirten‘s new book looks carefully at the work that has gone into the making of Marie Curie (1867-1934) as an individual, a celebrity, an icon, and ultimately a brand. Three motifs that thread through the narrative of Making Marie Curie: Intellectual Property and Celebrity Culture in an Age of Information (University of Chicago Press, 2015), and they each form the basis for one of its chapters: the impact of intellectual property on science and research; the role of celebrity culture in shaping the image of the scientist; and the “question of how to organize scientific information as part of the modern infrastructure of knowledge.” It’s a compellingly argued book that’s also a pleasure to read. For videos of two of the duels discussed in the book, check out the following links!: https://www.youtube.com/watch?v=4QlUw1k0ItE https://www.youtube.com/watch?v=rElNQuBvFeQ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Barak Kushner‘s new book considers what happened in the wake of Japan’s surrender, looking closely at diplomatic and military efforts to bring “Japanese imperial behavior” to justice. Men to Devils, Devils to Men: Japanese War Crimes and Chinese Justice (Harvard University Press, 2015) focuses on the aftermath of the Japanese war crimes, asking a number of important questions: “How did the Chinese legally deal with Japanese war crimes?” and “What were the Japanese responses, and [how] did these processes shape early Cold War Sino-Japanese relations?” Two ways of reconsidering history shape the study. First, Kushner reframes Japan as a decolonizing empire, not just a defeated country. At the same time, he looks at the “shifting landscape of the concept of law in East Asia” and its impact on relations in the region during this period, especially in terms of international law and associated notions of accountability. These two broad historiographical re-orientations motivate an extraordinarily thoughtful and detailed treatment of the ways that conflict between the KMT and the CCP, and relations of both with other global powers, shaped the notion and history of war crimes trials. It’s a clearly written and compellingly argued account that’s also a pleasure to read! To hear our conversation about Barak’s previous book Slurp!: A Social and Culinary History of Ramen – Japan’s Favorite Noodle Soup, see 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 this podcast I talk with Laura F. Edwards, Peabody Family Professor of History at Duke University about her book, A Legal History of the Civil War and Reconstruction: A Nation of Rights (Cambridge University Press 2015). Per the book’s introduction, “[a]lthough hundreds of thousands of people died fighting in the Civil War, perhaps the war’s biggest casualty was the nation’s legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction Amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering American’s relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated. Ultimately, Laura F. Edwards argues, this new nation of rights offered up promises that would prove difficult to sustain.” Some of the topics we cover are: –The way, in the lead up to the Civil War, all arguments came back to the Constitution. –How wartime policies in both the Confederacy and the states that remained in the Union fundamentally remade the –legal authority of the nation. –Why the Confederacy’s legal order was at odds with its stated governing principles. –Popular conceptions of Reconstruction-era legal change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

David George Surdham is the author of The Big Leagues Go to Washington: Congress and Sports Antitrust, 1951-1989 (University of Illinois Press, 2015). Surdham is Associate Professor of Economics at Northern Iowa University. Just back from the Major League Baseball All-Star break, Surdham has written a book for sports lovers. Why do major league sports receive such preferential treatment from Congress? And what does this have to do with labor and economic development policy? Surdham examines Congressional hearings held over decades to figure out how Washington’s role in professional sports has changed over since the 1950s. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As patterns of religiosity have changed in the United States, chaplains have come to occupy an increasingly important place in the nation’s public institutions, especially its prisons, hospitals and military. In her newest book, A Ministry of Presence: Chaplaincy, Spiritual Care and the Law (University of Chicago Press, 2014), Winnifred F. Sullivan offers a comprehensive study of contemporary chaplaincy, paying particular attention to how it sits at the intersection of law, government regulation, and spiritual care. She shows how much this ubiquitous but often invisible institution can tell us about religion in the US today, and moreover the role that law plays in structuring American ideas about, and experience of, religion. Winnifred F. Sullivan is Professor and Chair of the Department of Religious Studies, and Affiliate Professor in the Maurer School of Law at Indiana University Bloomington. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Clare Virginia Eby is a professor of English at the University of Connecticut. In Until Choice Do Us Part: Marriage Reform in the Progressive Era (University of Chicago Press, 2014), Eby examines the origins of how we think of marriage through the theoretical and experimental reform of the institution in... Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During the early twentieth century, Yemeni Jews operated within a legal structure that defined them as dhimmi, that is, non-Muslims living as a protected population under the sovereignty of an Islamic state. In exchange for the payment of a poll tax, the jizya, and the acknowledged of supremacy of Islam, their lives and property were to be inviolable. Although this framework burdened Jews with some legal disadvantages, for example a Muslim’s witness testimony was worth double that of a Jew’s in court, it allowed for the integration of Jews into Yemen’s complex hierarchical social structure, and not always at the bottom of that structure. Mark S. Wagner’s book Jews and Islamic Law in Early 20th-Century Yemen (Indiana University Press, 2015) examines how Jews negotiated this Islamic legal system, both in shariah courts and in extralegal settings. Wagner employs numerous Arabic and Hebrew sources, particularly the memoirs of prominent Yemeni Jews such as Salim Said al-Jamal, Salih al-Zahiri, Salim Mansurah, and others, and the primary document collections they have preserved. Through their first-hand accounts, anecdotes, and archives, Wagner interrogates how the Yemeni Jewish elite understood its social and political position in Yemen. These men used their knowledge of Arabic and Islamic law, and their status as intermediaries between the state authorities and the Jewish community, to preserve their own positions and to benefit other members of the Jewish community. Wagner’s work deepens our understanding of Muslim-Jewish relations in Yemen and the place of non-Muslims in Islamic law in general. 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 discuss Profit Motive: The Salary Revolution in American Government, 1780-1940 (Yale University Press, 2013) with author Nicholas R. Parrillo, professor of law at Yale University. Parrillo’s book was winner of the 2014 Law and Society Association James Willard Hurst Book Prize and the 2014 Annual Scholarship Award from the American Bar Association’s Section on Administrative Law. Per the book jacket, “in America today, a public official’s lawful income consists of a salary. But until a century ago, the law frequently provided for officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a percentage of each evasion uncovered. Naval officers took a reward for each ship sunk. Numerous other officers were likewise paid for ‘performance.’ This book is the first to document the American government’s for-profit past, to discover how profit-seeking defined officialdom’srelationship to the citizenry, and to explain how lawmakers–by ultimately banishing the profit motive in favor of the salary–transformed that relationship forever.” Parrillo’s intricate analysis adds nuance to the American story of government compensation and explains why government officials made money in ways that today would be deemed necessarily corrupt. Some of the topics we cover are: –The ways American lawmakers made the absence of a profit motive a defining feature of government –The two non-salary forms of payment for government officials that initially predominated in the US –How these two forms of payment tended to give rise to very different social relationships between officials and the people with whom they dealt –Why the flight to salaries was an admission of law’s weakness and failure Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recently, there have been various debates within the Muslim community over women’s mosque attendance. While contemporary questions of modern society structure current conversations, this question, ‘may a Muslim woman go to the mosque,’ is not a new one. In Women in the Mosque: A History of Legal Thought and Social Practice (Columbia University Press, 2014), Marion Holmes Katz, Professor of Islamic Studies at New York University, traces the juristic debates around women’s mosque attendance. Katz outlines the various arguments, caveats, and positions of legal scholars in the major schools of law and demonstrates that despite some differing opinions there was generally a downward progression towards gendered exclusion in mosques. were engaged in at the mosque, the time of day, the permission of their husbands or guardians, attire, and the multitude of conditions that needed to be met. Later interpreters feared women’s presence in the mosque because they argued it stirred sexual temptation. Katz pairs these legal discourses with evidence of women’s social practice in the Middle East and North Africa from the earliest historical accounts through the Ottoman period. In our conversation we discuss types of mosque actdivities, Mamluk Cairo, women’s educational participation, the Aqsa Mosque in Jerusalem, the transmission of knowledge, European travelers accounts of Muslim women, night prayers, mosque construction, debates about the mosque in Mecca, and modern developments in legal discussions during the 20th century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

That privacy in the digital age is an important concept to be discussed is axiomatic. Cameras in mobile phones make it easy to record events and post them on the web. Consumers post an enormous amount of information on social media sites. And much of this information is made publicly available. A common question, then, is what can people truly expect to be be private when so much information is accessible. In his new book Privacy in the New Media Age (University Press of Florida 2015), Jon L. Mills (University of Florida, Levin College of Law), discusses another issue related to privacy in the digital environment: the conflict between privacy and freedom of expression. In so doing, Mills examines how the law, particularly in the United States, is always chasing advances in technology, and discusses how countries in the European Union have attempted to tackle this matter. Throughout the book he discusses famous court cases that illustrate the issues with privacy and new media in an attempt to come to a resolution for the dispute. Just listen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In their new book Happiness and the Law (University of Chicago Press 2014), John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur argue through the use of hedonic psychological data that we should consider happiness when determining the best ways to effectuate law. In this podcast Buccafusco, Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology Chicago-Kent College, shares some of the following aspects of the book: * How hedonic psychology measures human happiness and some of the things these studies have revealed * The author’s new approach to evaluating laws called “well-being analysis” * Ways the new data on happiness has revealed a need to rethink criminal punishment * What the future holds for happiness research 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 to Kirt von Daacke about his 2012 work, Freedom Has a Face:Race, Identity, and Community in Jefferson’s Virginia (University of Virginia Press, 2012). Professor von Daacke is Associate Professor of History and Assistant Dean in the College of Arts and Sciences at the University of Virginia. In this interview a few topics we discuss are: * Sources and methods for piecing together a picture of life in Albemarle County and the use of legal documents as a window into a past society * The relationship between law on the books and the actual behavior of the inhabitants of Albemarle County * Free people of color’s experiences with the legal system * The possibilities and the pitfalls awaiting unmarried women of color in the rural antebellum South * Some implications of Freedom Has a Face for future work on African American history Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Leigh Ann Wheeler is professor of history at Binghamton University. Her book How Sex Became a Civil Liberty (Oxford University Press, 2013), examines the role of the American Civil Liberties Union in establishing sexual rights as grounded in the U.S. constitution. Wheeler begins in the bohemian New York with the personal biographies of individuals who established the ACLU for the protection of anti-government speech. Early ACLU leaders displayed sexual proclivities and outlooks outside the mainstream. Beginning with obscenity laws that hampered the distribution of contraceptives and birth control information, the ACLU legally pursued sexual practice, expression, and the right to privacy as civil liberties. Presenting their own clients, building collisions with advocacy groups, providing legal briefs to decision makers, directing activism, and influencing public opinion, the ACLU brought about change in a wide array of laws that restrained and criminalized sexual behavior and expression. This was not a smooth process of advancement. The implications of class, race, and gender created conflicts, contradictions, and ironies in establishing the sexual rights of individuals against the contrary rights of others and communities to unwanted sex and sexual content. As blacks and women entered the ranks of the ACLU in the 1960s and 70s they brought new conflicts within the sexual rights agenda. Reproductive freedom, rape shield laws, homosexual rights, and the rights of profit-seeking pornographers are some of the many issues of ACLU advocacy. While seeking to build a privacy wall around sexual expression and practice, sexual rights advocacy contributed to the current cultural saturation with sexual images and messages blurring the lines between public and private. Wheeler has provided a thoroughly researched, complex, and compelling history of how issues surrounding sexuality became recognized as civil liberties guaranteed by the constitution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Professor Robert P. Burns of Northwestern University School of Law offers an insightful critique of the modern American criminal justice system in his new work Kafka’s Law: ‘The Trial’ and American Criminal Justice (University of Chicago Press 2014). This interview explores the characteristics of Kafka’s “Law” and exposes where and how these characteristics exist within the American criminal justice system. Burns leads us through the absurd regime The Trial‘s protagonist must navigate after he finds himself accused of an unknown crime. Kafka’s dystopian law is unknowable, ubiquitous, overly bureaucratic and yet overly informal. In the story’s world the law functions like God and guilt is inevitable. These legal characteristics may appear to be part of an absurd dystopian fantasy world derived from the same wild imagination that produced a story in which a man metamorphoses into a bug. However, we learn in the second half of the interview that the dystopian themes in The Trial capture a present-day reality for many who are accused of crimes in America. Burns’s work exposing Kafkaesque aspects of our legal system and his search to find the most effective means of remedying these situations is vastly important to the societal goal of narrowing the gap between justice and law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is generally accepted that lying is morally prohibited. But theorists divide over the nature of lying’s wrongness, and thus there is disagreement over when the prohibition might be outweighed by competing moral norms.There is also widespread agreement over the idea that promises made under conditions of coercion or duress lack the moral force to create obligations. Finally, although free speech is widely seen as a primary value and right, there is an ongoing debate over the kind of good that free speech is. In Speech Matters: On Lying, Morality, and the Law (Princeton University Press, 2014), Seana Shiffrin ties these issues together, advancing a powerful argument regarding the central role that sincerity and truthfulness play in our individual and collective moral lives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This year we celebrate the fiftieth anniversary of the Voting Rights Act, a legal revolution with far-reaching cultural, political, and economic import. But as J. Douglas Smith argues in On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States (Hill and Wang, 2014),the early 1960s witnessed a comparable sea change in voting law that deserves far more attention. Indeed, when journalists asked Earl Warren what he regarded as the Supreme Court’s most important accomplishment under his tenure, the Chief Justice — who oversaw a series of landmark cases, from Brown to Miranda –– did not hesitate to answer: Baker v. Carr and Reynolds v. Sims. Few Americans today could identify and explain what these rulings did. But as Smith explains, they represented a dramatic break with a long-reigning electoral system that now feels almost unimaginable. America is exceptional among modern democracies for elevating the idea of unequal representation to a theory of”checks and balances;” the Senate being the most obvious example (California, with more people than the twenty-one least-populous states combined, has as tiny a fraction of the power in Congress). Yet the situation was far worse before the Court’s forgotten revolution, with state legislatures across the country effectively disfranchising voters on a mass scale. Los Angeles County, with more than 6 million residents in 1960, had just one state senator. Three nearby counties, with less than 15,000 voters, each had the same. Many have argued that these facts have been inconsequential to U.S. political history, a very counterintuitive notion if so. But the early twentieth century politicians who relied on the inflation of rural and small-town districts — some of whom numbered among the most powerful arbiters of legislation and debate in Washington — certainly did not share this view. In reaction to the Court’s decisions, Everett Dirksen, the Republican Minority Leader in the legendary 89th Congress, hired the consulting firm Whitaker and Baxter, widely thought to have pioneered modern campaigning, to repeal or roll back the rulings. Dozens of states lined up, with enormous funding from the nation’s biggest corporations. The group even considered a Constitutional Convention, what would have been the first since 1789. Those efforts failed. But in the wake of this half-realized democratization, legislatures underwent dramatic political change. Notably, they also turned to gerrymandering and increasing reliance on the filibuster. Dubbed by the Washington Post one of the notable works of the year, Smith’s book is well worth your read. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Commercial interests are often understood as impinging upon the ethical norms of medicine. In his new book, Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry (University of Chicago Press, 2013), Joe Gabriel shows how the modernization of American medicine was bound up in the ownership, manufacture, and marketing of drugs. Gabriel unearths the early history of intellectual property concerns as they entered the domain of medical practice itself. Through his careful marshaling of evidence, he takes readers back to a time when the norms and legal structures of commercial capitalism in the U.S. were just as much at issue as those of the professionalization of medicine. This fascinating book serves as a pointed reminder that the sources of therapeutic rationale are just as much tied to the production and regulation of therapies as the collective decision-making on ethical practice. Along with my previous interview with Jeremy Greene, this discussion will hopefully make accessible a broad perspective on the development of medicine in the 20th century by focusing on its ties to industry. Medical Monopoly charts the history of property rights over medicines at the dawn of the 19th century through World War I. The important broader transition here is that while before the Civil War–at least in medicine–patents were seen as tantamount to granting problematic monopoly, by the end of the 19th century they were understood as the best available regulatory mechanism for preventing more problematic imitation. Whereas patent medicines had previously been linked to quackery, the emergence and rapid expansion of the “ethical” pharmaceutical industry after the Civil War was due to its adherents advocating for more effective regulation of commerce within medicine. Rather than reverting to secrecy, firms began to circulate and publish information on new remedies and the results of studies to physicians. As the explosion of new medicines remained at pace with the boom of consumer goods in the late 19th century, patenting and corporate investment in monopolistic practices became understood as a mechanism to advance the public good. The expansion of laboratory science and norms of chemical manufacturing in the 20th century only bolstered this union further.Medical Monopoly is a fascinating and important read that people interested in medical policy should pay attention to. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Emilie Cloatre‘s award-winning book, Pills for the Poorest:An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Palgrave, 2013), locates the effects–and ineffectualness–of a landmark international agreement for healthcare: the World Trade Organization’s “Trade-related Aspects of Intellectual Property Rights.” Cloatre takes seriously the idea of TRIPS as a technology in Bruno Latour’s meaning of the word–as a material object that anticipates effects in specific settings. Cloatre follows the text from its consolidation in European meeting halls to its use in the former French and British colonies of Ghana and Djibouti. Pills for the Poorest is a significant ethnography of law and healthcare in Africa that shows precisely how this paper tool begat new buildings, relationships, experts, and, indeed, pills, but only in particular places, among certain people, and for particular kinds of pharmaceuticals. Cloatre is a broadly trained scholar and talented researcher who shows the power of Actor Network Theory as an analytic device, and yet does so with a spirit of critique in the best sense: that is, as an act of sympathetic, yet persistent, questioning. As a text itself, the book has potential to reshape the thinking of readers from a wide range of fields, from law, science studies, healthcare policy, and beyond. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Please listen to the fascinating conversation I had with Susan Byrne, Associate Professor of Spanish and Director of Undergraduate Studies for Spanish at Yale University, about her new work, Law and History in Cervantes’ Don Quixote (University of Toronto Press, 2013). Byrne leads us through a close reading of Cervantes’ most famous work, revealing an overwhelming amount of legal details, all of which tie into early modern Spanish debates. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jan Lemnitzer‘s new book Power, Law and the End of Privateering (Palgrave, 2014) offers an exciting new take on the relationship between law and power, exposing the delicate balance between great powers and small states that is necessary to create and enforce norms across the globe. The 1856 Declaration of Paris marks the precise moment when international law became universal, and is the template for creating new norms until today. Moreover, the treaty was an aggressive and successful British move to end privateering forever – then the United States’ main weapon in case of war with Britain. Based on previously untapped archival sources, Jan Lemnitzer shows why Britain granted generous neutral rights in the Crimean War, how the Europeans forced the United States to respect international law during the American Civil War, and why Bismarck threatened violent redemption during the Franco-German War of 1870/71. The powerful conclusion exposes the 19th century roots of our present international system, and why it is as fragile as before the First World War. A sample chapter of the book can be found on the publishers website here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The US Census has been an important American institution for over 220 years. Since 1790, the US population has been counted and compiled, important figures when tabulating representation and electoral votes. The Census has also captured the racial make-up of the US and has become a powerful public policy tool with both data and clout, affecting a range of policies from segregation to affirmative action. In What Is Your Race?: The Census and Our Flawed Efforts to Classify Americans (Princeton University Press 2013), Dr. Kenneth Prewitt provides a broad historical and political overview of the racial counting component of the Census, from its inception to its future. Prewitt, Carnegie Professor of Public Affairs at Columbia University, was formerly the Director the US Census Bureau, and his first-hand experience strengthens the narrative throughout the book. Prewitt’s book follows the historical ebbs and flows of the Census and race politics in the US, which are unequivocally linked. From the early era of counting the slave population, to later integrating the new immigrant whites–such as Southern European Catholics and East European Jews–with the larger White Anglo-Saxon Protestant majority, and calumniating with race identity politics reflected in the Census discourse today, What Is Your Race? is a fascinating and thorough account of an American institution that has had a powerful influence on policy and society. Specifically, the racial categories, called statistical races in the book, used in the Census have been etched into the American psyche, and the results have sometimes been quite devises. Why should the Census count Hispanics in their own category and not Middle Eastern Americans? Prewitt faced these kinds of tough questions while running the Census and now grapples with them in this book. His final recommendation to ease tensions created from the simplistic statistical race measurement currently used by the Census is to incrementally move away form these categories and to move towards counting national origin, providing much more statistical granularity. You will have to read the book for the full policy prescription, which is fully mapped out for the next century. Dr. Prewitt joins New Books in Education for the interview. For questions or comments on the podcast, you can also find the host on Twitter 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

In Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore (Cambridge University Press, 2012), Jothie Rajah tells a compelling story of the rule of law as discourse and praxis serving illiberal ends. Through a series of case studies on legislation criminalizing vandalism and regulating the print media, legal profession, and religion in Singapore, Rajah raises critical questions about the meaning and place of law in a postcolony that celebrates colonialism as a cause of its modernity, prosperity and plurality. Terrence Halliday describes Rajah’s work as “theoretically innovative, empirically compelling, and gracefully written”, adding that it “has far-reaching consequences for national leaders who seek ‘third ways’ in which economic development is partitioned from political liberalism”. As Halliday suggests, the contents of Authoritarian Rule of Law transcend the confines of the small city-state with which it is primarily concerned, and go to global debates about legislation, discourse and legitimacy, as well as to the inherent tensions in the rule-of-law ideal itself. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I had the pleasure of interviewing my legal history professor at Carolina Law, John V. Orth about his short story Self-Defense (14 Green Bag 2D Autumn 2010). Orth, who is well known for his more traditional legal scholarship, has made a powerful venture into fiction. The story, which begins by describing an ordinary daily dog-walk, leads its reader into deep ponderings about the state of American law and society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War (Vintage Books, 2004), Melvin Ely uses a trove of documents primarily found in the county court records of Prince Edward County, Virginia to unravel a rich story about the free blacks who inhabited “the gentle slope of Israel Hill.” The story begins in 1796 when Richard Randolph, a prominent Virginian and cousin to Thomas Jefferson, left a will full of fiery abolitionist sentiment that emancipated his slaves and parceled 350 acres of his land among them. Ely explores the lives of the freed people who used this land to cultivate small farms and launch successful entrepreneurial ventures. Israel on the Appomattox demonstrates that historians can gain a deep understanding of a society using legal documents as their window into the past. Ely’s research exposes the little known fact that Afro-Virginians could file (and often successfully filed) civil suits, despite not being allowed to testify in criminal courts. While not a perfect check on abuse, Ely explains that civil suits were an inroad free blacks could make against an unjust system. Through Ely’s exploration of the quotidian behavior of Prince Edward’s inhabitants, much is revealed about the relationship between politics, law, and actual behavior in societies past or present. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did we come to think of spaces for the storage and circulation of body parts as “banks,” and what are the consequences of that history for the way we think about human bodies as property today? Kara W. Swanson‘s wonderful new book traces the history of body banks in America from the nineteenth century to today, focusing especially on milk, blood, and sperm. Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America (Harvard University Press, 2014) takes readers into early twentieth-century America, when doctors first turned to human bodies and their parts as sources of material to help cure their most desperate cases. As these doctors developed an expertise in harvesting body products and sought reliable and cooperative supplies thereof, human milk and blood were first transformed into commodities. Swanson’s story introduces some of the most crucial actors in this history, including wet nurses, professional blood donors, Red Cross volunteer “Grey Ladies,” doctors, blood bank managers, mothers who ran milk banks, sperm donors, and many, many others. The story is deeply satisfying on many levels: as a window into particular human lives, as a conceptual history with material consequences, and as a set of case studies that illuminates and informs today’s legal and medical landscapes. This is a book that should be on the shelves and in the hands of anyone interested in legal history, medical history, modern notions of “property,” and the ways that the past had shaped what happens to our bodies in the present and what might happen to them in the future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Singapore has a well-deserved reputation as a state that stifles dissent and polices activism. But as Lynette Chua shows in Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (National University of Singapore Press, 2014), repressive government nowhere goes unchallenged, even if the forms that resistance takes are not manifest. Turning away from social movement theory that tends to valorize public protest and other forms of highly visible contentious politics, Chua tells another story: a story of contingent, incremental gains through strategic adaptation; a story of “pragmatic resistance” to authoritarianism. Mobilizing Gay Singapore is a highly readable and finely researched account of how a contemporary political movement has emerged and grown in a small Asian state, yet it is a book with a bigger story to tell about the beginnings and progress of social movements in difficult circumstances. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Energy Law: A Context and Practice Casebook (Carolina Academic Press, 2014) by Joshua Fershee is a new casebook designed to better prepare students for practice than traditional methods of legal education. In this interview we discuss a brief history of energy law and delve into some of the topics covered in the book including: economic regulations and market structures, climate change law, and the business of energy law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our legal systems are rooted in rules and procedures concerning the burden of proof, the weighing of evidence, the reliability and admissibility of testimony, among much else. It seems obvious, then, that the law is in large part an epistemological enterprise. And yet when one looks at the ways in which judges have wielded epistemological concepts, there is plenty of room for concern. In Evidence Matters: Science, Proof, and Truth in the Law (Cambridge University Press, 2014), Susan Haack brings her skill as an epistemologist to bear on a series of tangles concerning the legal concepts of proof, evidence, and reliability, especially as they apply in a series of notorious toxic tort cases. Along the way, she exposes several philosophical confusions in the law’s current understanding of the epistemological concepts it wields, and shows how her own distinctive epistemology–Foundherentism–can be useful to the law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Guy Chet, Associate Professor of early American and military history at the University of North Texas, in his book The Ocean is a Wilderness: Atlantic Piracy and the Limits of State Authority, 1688-1856 (University of Massachusetts Press, 2014) makes a well-crafted argument for the persistence of Atlantic piracy in the eighteenth and nineteenth centuries, after the age of Blackbeard and Captain Kid. He asserts that piracy was not abruptly stamped out by the royal navy but remained normal rather than exceptional for a long time past the 1730s. The end of piracy is described in the traditional historical narrative as a speedy decline due to the central state’s extension of its authority into the Atlantic frontier and its monopolization of violence. Chet, following methodology established by legal and borderland historians, critiques this assessment pointing out that frontier conditions are sustainable for long periods of time. He fleshes out through each section of his work why the monopoly on violence pronounced in statutory law was not accepted as legitimate or seen in reality in peripheral communities. Despite the central state’s use of army, navy, courts and gallows to extend authority to the frontier, Atlantic piracy waned only slowly in the face of these delegitimizing efforts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Social media is a phenomenon that continues to grow and attract much attention in the form of consternation, commentary, criticism and scholarly research. Any attempt at truly understanding social media communication practices and tools requires interdisciplinary analysis, the examination of the technology from the varying perspectives of the groups of users, developers and experts with respect to the issues surrounding it. It also should include a look at the changes social media has and continues to bring to various fields, particularly with respect to professional communication. Jeremy Lipschultz, Isaacson Professor in the School of Communication at the University of Nebraska at Omaha, discusses the impact of social media on various mass communications professions in his new book Social Media Communication: Concepts, Practices, Data, Law, and Ethics (Routledge 2014). In his book, Lipschultz examines the various theories and practices connected to social media communication, and how this emerging form of communication differs from the traditional. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Politics, Law, and Community in Islamic Thought: The Taymiyyan Moment (Cambridge University Press, 2012), Ovamir Anjum explores a timely topic, even though his focus is hundreds of years in the past. In order to present his topic Professor Anjum asks a series of foundational questions, such as: How have Muslims understood ideal government and political theology? What is the role of rulers in those politics? And what does it even mean to talk about “politics” as a category? In Anjum’s words “the relationship between Islam and politics in the classical age can neither be described as a formal divorce nor a honeymoon, but rather a tenuous and unstable separation of spheres of religious authority from political power that was neither justified in theory nor wholeheartedly accepted” (136). The “Taymiyyan Moment,” a rephrasing of the “Machiavellian Moment” comes during the life of the prodigious author, theologian, and jurist Ibn Taymiyya (1263-1328). By honing in on Ibn Taymiyya’s magnum opus, Dar’ Ta’arud al-‘aql wa-l-naql (The Repulsion of Opposing Reason and Revelation)–not a political work, per se, but a theological one–Anjum reflects on, among other things, tensions between “community-centered” and “ruler-centered” visions of politics, and how scholars before Ibn Taymiyya had understood these ideas. Based on meticulous research of primary and secondary sources, Anjum’s monograph will likely encourage new scholarship on the post-classical era, including the impact of Ibn Taymiyya’s ideas on later generations, as well as interest among scholars from a variety of disciplines, ranging from History and Religious Studies, to Political Science and Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our Word is Our Bond: How Legal Speech Acts (Stanford UP, 2014), by UC Berkeley Professor of Rhetoric Marianne Constable, impels its readers to reassess the dominant methods of considering what is law. Constable’s study of law is informed by both philosophy and sociology; however, she avoids common approaches employed by both disciplines and instead conducts her legal analysis by searching for directives in the form of J.L. Austin’s “speech acts.” Her methods suggest that there is more of a connection between law-in-books and law-in-action than typical sociological research has proposed. Law-in-books, she argues, is active because it hears claims and makes claims within the context of a world that changes. An overview of the claims found within legal speech, such as promises, debts and warnings, reveals a dynamic force. Constable’s way of thinking about law insularly removes it from the debate between natural law and positive law. As the title Our Word is Our Bond suggests, the work seeks to show that legal language commits us. These commitments come directly from law’s speech acts, thus her theory avoids principles derived either from a sovereign or God. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bruce Ackerman is the Sterling Professor of Law and Political Science at Yale University. His book, We the People, Volume 3: The Civil Rights Revolution (Harvard UP, 2013) fills out the constitutional history of America’s “Second Reconstruction” period and makes a powerful argument that traditional understandings of the constitutional canon must be expanded to accurately reflect the American lawmaking process. The official constitutional canon is composed of the 1787 Constitution and the formal amendments to this document. However, Ackerman argues that the Supreme Court should give more deference to an operational canon that includes the landmark statutes, which are the legacy of the civil rights revolution. Ackerman reveals that the leaders of the civil rights movement actively avoided altering the Constitution through an Article V amendment because this method had failed during the first Reconstruction period. Instead, he lays out how they relied on constitution-altering techniques established during the New Deal. The champions of the civil rights movement following these New Deal methods emerged victorious from robust constitutional debates in all three branches. These successes reveal the American people’s broad support for a change to the constitutional status quo, a level of consent much greater than that behind the Reconstruction that produced three Article V amendments and Ackerman asserts even greater than the support underpinning the American Revolution. Ackerman’s position as a scholar of both law and political science allows him to avoid interpretative pitfalls common to each respective discipline and to use his greater breadth of knowledge to present a wide picture of the civil rights era’s political history. His interdisciplinary interpretation argues for an even greater respect for Brown v. Board of Education’s importance in the movement while simultaneously arguing that lawyers must move away from a court-centric view of the period to be faithful to the collective voice of We the People. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

My marginal comment, recorded at the end of the chapter on the Belzec trial in Michael Bryant‘s fine new book Eyewitness to Genocide: The Operation Reinhard Death Camp Trials, 1955-1966 (University of Tennessee Press, 2014), is simple: “!!!!” Text speak, to be sure, but it conveys the surprise I felt. One can ask many questions about the trials of the German guards and administrators of Belzec, Sobibor and Treblinka. Why did it take so long to put them on trial? How did the German public and government respond to the trials? What do the trials say about German memory of the Holocaust? Bryant answers all of these questions thoughtfully and persuasively. But, the heart of his book is a close study of the prosecution of a few dozen German soldiers, most of whom clearly had dirty hands. He takes us step by step through the process of locating the accused and those who could testify against them, through the complexities of the German legal code, and through the testimony and eventual convictions. And he explains why many of the accused were convicted of lesser crimes, or not convicted at all. Bryant, trained as both a lawyer and an historian, is uniquely qualified to lead us on this journey. He does so with the verve of someone writing in the true crime genre, integrating life stories of the accused and the courtroom strategies of their trials with a thoughtful analysis of the legal code and culture that shaped their fates. By the time I finished the book, my initial response had turned into a reluctant understanding. I’m not sure what the right solution is to the problems of transitional justice. But Bryant makes it abundantly clear why these trials turned out in this way, however uncomfortable that might make us. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most people say “I’m sorry” a lot. After all, we make a lot of mistakes, most of them minor, so we don’t mind apologizing and expect our apologies to be accepted or at least acknowledged. But how many of our apologies are what might be called “strategic,” that is, designed to do nothing more than placate the person we have wronged and essentially exonerate ourselves? In other word, how many of our apologies are genuine? It’s a good question, but it raises another: what is a genuine apology? Does it involve an admission of guilt, remorse, a promise never to do it (whatever it is) again, compensation for the wrong? That’s a good question too, but it, too, raises a question: how can we tell a strategic apology from a genuine one? Gnashing of teeth? Wailing? Weeping? Statements against interest? As Nick Smith points out in his insightful Justice through Apologies: Remorse, Reform, and Punishment (Cambridge University Press, 2014), we don’t usually ask any of these questions when giving and taking apologies, and even when we do, our answers don’t make much sense. This thoughtlessness is particularly troublesome when apologies are used or required in high-stakes legal contexts. What can an apology mean when a judge compels a criminal to give one in exchange for a lesser sentence? What can an apology mean when a huge corporation issues one in a civil case knowing full well that doing so will likely reduce the damages it will have to pay? How can an apology be genuine–or even distinguished from a strategic apology–when the apologizer has so much to gain if they apologize and so much to lose if they don’t? All good questions. 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