New Books In Law

Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of qualified immunity when they shoot or brutalize an innocent civilian. Qualified immunity is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies (Oxford UP, 2021), history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights. While doctrines such as qualified immunity may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in

Mikaela Rabinowitz’s Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice (Routledge, 2021) addresses an understudied fairness flaw in the US criminal justice system: namely, the significant impact of pretrial detention on the millions of Americans held in local jails. On any given day, approximately 500,000 Americans are held in pretrial detention in US jails—not because they are a flight risk, but because they cannot pay for bail or a bail bond. Impacting disproportionally Black and poor individuals, Rabinowitz highlights how pretrial detention is at odds with juridical notions of fairness, effectively punishing Americans before guilt or innocence is ever explored in court. Using a mixed-methods approach, Rabinowitz argues that pretrial detention undermines both the presumption and the meaning of innocence in the American criminal justice system. Incarceration without Conviction is available through Routledge. Mikaela Rabinowitz is Director of Data,

What impact has two decades' worth of policing and counterterrorism had on the state of mind of Muslims in Britain? In The Suspect: Counterterrorism, Islam, and the Security State (Pluto Press, 2022), Rizwaan Sabir writes compellingly about his own experiences of wrongful arrest, detention and subsequent surveillance, placing these in the broader context of 21st century British counterterrorism practices and the policing of Muslims. Writing publicly for the first time about the traumatising mental health effects of these experiences, Sabir argues that these harmful outcomes are not the result of errors in government planning, but the consequences of using a counterinsurgency warfare approach to fight terrorism and police Muslims. To resist the injustice of these policies and practices, we need to centre the lived experiences of those subjected to them and build networks of solidarity and support. Dr Rizwaan Sabir (@RizwaanSabir) is a Lecturer (aka Assistant Professor) in Criminology at Liverpool John Moores U

In Female Genius: Eliza Harriot and George Washington at the Dawn of the Constitution (U Virginia Press, 2022), Mary Sarah Bilder looks to the 1780s—the Age of the Constitution—to investigate the rise of a radical new idea in the English-speaking world: female genius. Bilder finds the perfect exemplar of this phenomenon in English-born Eliza Harriot Barons O’Connor. This pathbreaking female educator delivered a University of Pennsylvania lecture attended by George Washington as he and other Constitutional Convention delegates gathered in Philadelphia. As the first such public female lecturer, her courageous performance likely inspired the gender-neutral language of 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

Guns hold a complex place in American culture. Over 30,000 Americans die each year from gun violence, and guns are intimately connected to issues of public health, as is evident whenever a mass shooting occurs. But guns also play an important role in many Americans’ lives that is not reducible to violence and death—as tools, sporting equipment, and identity markers. They are also central to debates about constitutional rights, as seen in ongoing discussions about the Second Amendment, and they are a continuous source of legislative concern, as apparent in annual ratings of gun-supporting legislators. Even as guns are wrapped up with other crucial areas of concern, they are also fundamentally a rhetorical concern. Guns and gun violence occupy a unique rhetorical space in the United States, one characterized by silent majorities, like most gun owners; vocal minorities, like the firearm industry and gun lobby; and a stalemate that fails to stem the flood of the dead. How Americans talk, deliberate, and fight abo

Machine Learning for Criminology and Crime Research: At the Crossroads (Routledge, 2022) reviews the roots of the intersection between machine learning, artificial intelligence (AI), and research on crime; examines the current state of the art in this area of scholarly inquiry; and discusses future perspectives that may emerge from this relationship. As machine learning and AI approaches become increasingly pervasive, it is critical for criminology and crime research to reflect on the ways in which these paradigms could reshape the study of crime. In response, this book seeks to stimulate this discussion. The opening part is framed through a historical lens, with the first chapter dedicated to the origins of the relationship between AI and research on crime, refuting the novelty narrative that often surrounds this debate. The second presents a compact overview of the history of AI, further providing a nontechnical primer on machine learning. The following chapter reviews some of the most important trends in c

Menachem Kaiser's book Plunder: A Memoir of Family Property and Nazi Treasure (Mariner Books, 2021) is set in motion when the author takes up his Holocaust-survivor grandfather's former battle to reclaim the family's apartment building in Sosnowiec, Poland. Soon, he is on a circuitous path to encounters with the long-time residents of the building, and with a Polish lawyer known as "The Killer." A surprise discovery--that his grandfather's cousin not only survived the war, but wrote a secret memoir while a slave laborer in a vast, secret Nazi tunnel complex--leads to Kaiser being adopted as a virtual celebrity by a band of Silesian treasure seekers who revere the memoir as the indispensable guidebook to Nazi plunder. Propelled by rich original research, Kaiser immerses readers in profound questions that reach far beyond his personal quest. What does it mean to seize your own legacy? Can reclaimed property repair rifts among the living? Plunder is both a deeply immersive adventure story and an irreverent, dari

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. Separating Church and State: A History (Cornell UP, 2022) traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Steven K. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never

By 1990 the Berlin Wall had fallen and the East German state security service folded. For forty years, they had amassed more than a billion pages in manila files detailing the lives of their citizens. Almost a hundred thousand Stasi employees, many of them experienced officers with access to highly personal information, found themselves unemployed overnight. Ralph Hope’s The Grey Men: Pursuing the Stasi Into the Present (Oneworld, 2022) is the story of what they did next. Former FBI agent Ralph Hope uses present-day sources and access to Stasi records to track and expose ex-officers working everywhere from the Russian energy sector to the police and even the government department tasked with prosecuting Stasi crimes. He examines why the key players have never been called to account and, in doing so, asks if we have really learned from the past at all. He highlights a man who continued to fight the Stasi for thirty years after the Wall fell, and reveals a truth that many today don't want spoken. This interview

Most existing literature regarding civil-military relations in the United States references either the Cold War or post-Cold War era, leaving a significant gap in understanding as our political landscape rapidly changes. Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War (Oxford UP, 2020) builds upon our current perception of civil-military relations, filling in this gap and providing contemporary understanding of these concepts. The authors examine modern factors such as increasing partisanship and political division, evolving technology, new dynamics of armed conflict, and the breakdown of conventional democratic and civil-military norms, focusing on the multifaceted ways they affect civil-military relations and American society as a whole. Lionel Beehner, Risa Brooks, and Daniel Maurer, serving as both editors of the volume and authors themselves, recruited contributing authors who come from a diversity of backgrounds, many of whom have served in the military,

Cannabis "legalization" hasn't lived up to the hype. Across North America, investors are reeling, tax collections are below projections, and people are pointing fingers. On the business side, companies have shut down, farms have failed, workers have lost their jobs, and consumers face high prices. Why has legal weed failed to deliver on many of its promises? Can Legal Weed Win?: The Blunt Realities of Cannabis Economics (U California Press, 2022) takes on the euphoric claims with straight dope and a full dose of economic reality. This book delivers the unadulterated facts about the new legal segment of one of the world's oldest industries. In witty, accessible prose, economists Robin Goldstein and Daniel Sumner take readers on a whirlwind tour of the economic past, present, and future of legal and illegal weed. Drawing upon reams of data and their own experience working with California cannabis regulators since 2016, Goldstein and Sumner explain why many cannabis businesses and some aspects of legalization fa

Knowledge Regulation and National Security in Postwar America (University of Chicago Press, 2022) is the first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Dr. Mario Daniels and Dr. John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. They argue that every single day beginning in the 1940s, US export controls have intervened in the global sharing of scientific-technological knowledge. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 196

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge UP, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Brandon T. Jett, professor of history at Flori

International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance (Cambridge UP, 2021) shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the considerat

In this groundbreaking work, Professor Brandon T. Jett unearths how police departments evolved with the urbanization of the Jim Crow South, to target African Americans through a variety of mechanisms of control and violence, such as violent interactions, unjust arrests, and the enforcement of segregation laws and customs. Race, Crime, and Policing in the Jim Crow South, published by Louisiana State University in July 2021, provides explanation and context to show the way that modern institution of policing in the United States has evolved from, but clings to historical patterns and attitudes that situate African Americans in positions of relative vulnerability in their interactions with police.  Still, what surprises in Jett's work is the way that Black residents co-operated and even manipulated the police in aid of crime reduction and to extract services in the urban spaces that they lived. Vivid examples and rich detail provides the reader with a thorough understanding of criminal justice and the way that p

Leading up to Mayday, the nationwide Day of Refusal, and Abolition May, Saronik talks with Sean Gordon about abolition as an historical movement to end the transatlantic slave trade and a transformative justice movement to abolish prisons and defund the police. The episode focuses on the relationship between absence and presence, destruction and reconstruction, in abolitionist narratives and thought, and makes reference to Angela Davis’s Abolition Democracy: Beyond Empire, Prisons, and Torture (2005), Mariame Kaba’s We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (2021), Tiffany Lethabo King’s The Black Shoals: Offshore Formations of Black and Native Studies (2019), and works by W. E. B. Du Bois, Ruth Wilson Gilmore, Frank Wilderson, and Jared Sexton. There is no doubt that abolition will save the world. Sean recently finished his PhD in English and American Studies at the University of Massachusetts Amherst. His research and teaching focus on nineteenth-century American literatur

In China and the International Human Rights Regime (Cambridge University Press, 2021), Rana Siu Inboden examines the evolution of China’s posture towards the U.N. human rights system since the early 1980s. The book examines in unprecedented details China’s role and impact on the complex negotiations between U.N. members over the International Covenant Against Torture and its optional protocol; the establishment of the U.N. Human Rights Council; and the monitoring powers of the International labour Organization. A former U.S. State Department official in the Bureau of Democracy, Labor and Human Rights, Inboden shows how China, through subtle yet persistent efforts, largely but not entirely successfully managed to constrain the U.N. human rights system. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power. In this interview, Inb

Political corruption remains … one of the most intriguing and challenging issues in social science research and public policy, perhaps because although it occurs in virtually all polities, its causes, patterns, and consequences often seem unique to each circumstance. – Cadres and Corruption by Xiaobo Lu (2000) Corruption is rampant in many authoritarian regimes, leading most observers to assume that autocrats have little incentive or ability to curb government wrongdoing. Corruption Control in Authoritarian Regimes – Lessons from East Asia, published by Cambridge University Press in 2022, shows that meaningful anti-corruption efforts by nondemocracies are more common and more often successful than is typically understood. Drawing on wide-ranging analysis of authoritarian anti-corruption efforts globally and in-depth case studies of key countries such as China, South Korea and Taiwan over time, Dr. Carothers constructs an original theory of authoritarian corruption control. He disputes views that hold democrat

In this account of the rapid erosion of liberties, freedom of speech, freedom of the press and civil and political rights in Hong Kong, Mark L. Clifford's latest book provides an historically in-depth, vivid political analysis of the rapidly changing situation in Hong Kong. When the British ceased its period of colonial rule in 1997, and Hong Kong was returned to the governance of the People's Republic of China, then Chinese Communist Party Leader, Deng Xiaoping promised that Hong Kong would maintain its way of life for the next 50 years. This way of life, the rule of law, and independent judiciary, a democratically elected government, and the sorts of human rights which shape societies in liberal democracies worldwide, were also guaranteed in Hong Kong's mini-constitution - The Basic Law. However, less than halfway through this "One Country, Two Systems" experiment, Hong Kongers rights and freedoms, and its rule of law and the values which have come to form the basis of a unique Hong Konger identity have bee

In Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11 published in 2022 with Broadleaf Books, Maha Hilal describes how narratives of 9/11 and the war on terror have been constructed over the last twenty years and the various ways in which they have justified state violence against Muslims. Hilal offers answers to many questions, including and especially how the war on terror started, what its impact on American Muslims and Muslims abroad has been, and how to work to dismantle it. Hilal holds a PhD in Justice, Law, and Society from American University and has received many awards, including the Department of State's Critical Language Scholarship, the Kathryn Davis Fellowship for Peace, and a Reebok Human Rights Fellowship. The book is written accessibly, making difficult concepts and themes easy to follow and understand. It is easily assignable in undergraduate and graduate courses and makes for an essential read for policymakers and for anyone interested in the