New Books In Law

Max Krochmal and Todd Moye’s Civil Rights in Black and Brown: Histories of Resistance and Struggle in Texas (University of Texas Press, 2021) is a critical contribution that uncovers histories of activism in the lone state. From El Paso, Dallas, and to the Rio Grande Valley, social justice initiatives were critical for fighting Jim Crow and Juan Crow. The contributors make the case that various towns and cities across the state developed coalitions across Black and Brown racial lines. In this episode, Tiffany speaks with Drs. Max Krochmal, Katherine Bynum, and Todd Moye about the process for collecting histories of the long liberation struggles in Texas. Moye, Krochmal, and other Dallas-Fort Worth Metroplex joined forces to create a coalition of professionals to spearhead the creation of Civil Rights in Black and Brown, a digital oral history project that holds over a hundred oral interviews. As a graduate student at Texas Christian University, Bynum worked alongside Krochmal to document and preserve the oral

Welcome to The Academic Life! In this episode you’ll hear about: The Emerson College Prison Initiative The Bard Prison Initiative How students apply to, enroll in, and attend college while in prison Challenges faced by incarcerated students Engaging effectively with incarcerated students Our guest is: Dr. Mneesha Gellman, an Associate Professor of Political Science in the Institute for Liberal Arts and Interdisciplinary Studies at Emerson College, in Boston, MA, USA. her primary research interests include comparative democratization, cultural resilience, memory politics, and social movements in the Global South and the United States. She is the founder and Director of the Emerson Prison Initiative, which seeks to bring high quality liberal arts education to incarcerated students at Massachusetts Correctional Institute (MCI) at Concord, a men’s medium security prison. EPI follows the model of college-in-prison work led by the Bard Prison Initiative. Prior to joining the faculty at Emerson College, she w

Rebecca S. Natow's book Reexamining the Federal Role in Higher Education: Politics and Policymaking in the Postsecondary Sector (Teachers College Press, 2022) provides a comprehensive description of the federal government's relationship with higher education and how that relationship became so expansive and indispensable over time. Drawing from constitutional law, social science research, federal policy documents, and original interviews with key policy insiders, the author explores the U.S. government's role in regulating, financing, and otherwise influencing higher education. Natow analyzes how the government's role has evolved over time, the activities of specific governmental branches and agencies that affect higher education, the nature of the government's role in higher education today, and prospects for the future of federal involvement in higher education. Chapters examine the politics and practices that shape policies affecting nondiscrimination and civil rights, student financial aid, educational qu

From 1942 through 1972, American biomedical researchers deliberately infected people with hepatitis. Government-sponsored researchers were attempting to discover the basic features of the disease and the viruses causing it, and develop interventions that would quell recurring outbreaks. Drawing from extensive archival research and in-person interviews, Sydney Halpern traces the hepatitis program from its origins in World War II through its expansion during the initial Cold War years, to its demise in the early 1970s amid outcry over research abuse. The subjects in hepatitis studies were members of stigmatized groups--conscientious objectors, prison inmates, and developmentally disabled adults and children. Dangerous Medicine: The Story Behind Human Experiments with Hepatitis (Yale UP, 2021) reveals how researchers invoked military and scientific imperatives and the rhetoric of common good to win support for the experiments and access to potential recruits. Halpern examines consequences of participation for su

Ben Westhoff is an award-winning investigative journalist whose best-selling 2019 book Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic (Grove Press, 2019), was one of the first to take fentanyl seriously as both a social phenomenon and a national threat. Since its release, Westhoff has become a policy expert, advising top government officials on the fentanyl crisis, and continuing to follow the story on his Substack account. The author of two previous nonfiction books and numerous articles in outlets like the Atlantic, The Guardian, and the Wall Street Journal, Westhoff’s fourth book, Little Brother: Love, Tragedy, and My Search for the Truth comes out this spring. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad ch

Food insecurity poses one of the most pressing development and human security challenges in the world. Feeding the Hungry: Advocacy and Blame in the Global Fight Against Hunger (Oxford UP, 2020) examines the social and normative environments in which international anti-hunger organizations are working and argues that despite international law ascribing responsibility to national governments to ensure the right to food of their citizens, there is no shared social consensus on who ought to do what to solve the hunger problem. The book provides a new analytic model of transnational advocacy. In investigating advocacy around a critical economic and social right — the right to food — the book challenges existing understandings of the relationships among human rights, norms, and laws. Most important, the book provides an expanded conceptual tool kit with which we can examine and understand the social and moral forces at play in rights advocacy. Michelle Jurkovich is an Assistant Professor of Political Science at th

One in four American workers says their workplace is a "dictatorship." Yet that number almost certainly would be higher if we recognized employers for what they are-private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers' speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In Private Government: How Employers Rule Our Lives (and Why We Don't Talk about It) (Princeton UP, 2019), Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. Elizabeth Anderson is Arthur F. Thurnau Professor and John Dewey Distinguished University Professor of Philosophy and Women's Studies at the University of M

"Quarantine, as an invention of man, is the most primitive and universal instrument of defense against contagious disease epidemics. Almost universally maligned or ignored by historians, quarantine is like an iceberg with 90 percent of its secrets hidden from view in inaccessible archives of the government."  In Germs at Bay: Politics, Public Health, and American Quarantine (Praeger/ABC-Clio, 2021), Charles Vidich explores the surprisingly rich history of quarantine in America. It's gone through five different stages and has, at times, played a key role in the American revolutionary war, the development of immigration policy, and even spawned its own code language to prevent panic from breaking out among the public. When quarantine works well, it can save lives -- but, as Vidich argues, a number of factors have to work in sync for it to be successful, and that is rarely the case. This book is for anyone seeking to understand the challenges of controlling the spread of COVID-19, and will help readers internali

In 1895, forty-seven rebel military officers contested the terms of a law that granted them amnesty but blocked their immediate return to the armed forces. During the century that followed, numerous other Brazilians who similarly faced repercussions for political opposition or outright rebellion subsequently made claims to forms of recompense through amnesty. By 2010, tens of thousands of Brazilians had sought reparations, referred to as amnesty, for repression suffered during the Cold War-era dictatorship.  Amnesty in Brazil: Recompense After Repression, 1895-2010 (U Pittsburgh Press, 2021) examines the evolution of amnesty in Brazil and describes when and how it functioned as an institution synonymous with restitution. Ann M. Schneider is concerned with the politics of conciliation and reflects on this history of Brazil in the context of broader debates about transitional justice. She argues that the adjudication of entitlements granted in amnesty laws marked points of intersection between prevailing and pr

On the morning of July 1, 1800, a surveyor and mapmaker named Cayetano Díaz opened the window of his study in Guatemala City to find a horrific sight: a pair of severed breasts. Offering a meticulously researched and evocative account of the quest to find the perpetrator and understand the motives behind such a brutal act, this volume pinpoints the sensational crime as a watershed moment in Guatemalan history that radically changed the nature of justice and the established social order. In The Woman on the Windowsill: A Tale of Mystery in Several Parts (Yale UP, 2020), Sylvia Sellers-García reveals how this bizarre and macabre event spurred an increased attention to crime that resulted in more forceful policing and reflected important policy decisions not only in Guatemala but across Latin America. This fascinating book is both an engaging criminal case study and a broader consideration of the forces shaping Guatemala City at the brink of the modern era. Elspeth Currie is a PhD student in the Department of Hi

In Ancient Rome, all the best stories have one thing in common—murder. Romulus killed Remus to found the city, Caesar was assassinated to save the Republic. Caligula was butchered in the theater, Claudius was poisoned at dinner, and Galba was beheaded in the Forum. In one 50-year period, 26 emperors were murdered. But what did killing mean in a city where gladiators fought to the death to sate a crowd? In A Fatal Thing Happened on the Way to the Forum (Harry N. Abrams, 2021), Emma Southon examines a trove of real-life homicides from Roman history to explore Roman culture, including how perpetrator, victim, and the act itself were regarded by ordinary people. Inside Ancient Rome's darkly fascinating history, we see how the Romans viewed life, death, and what it means to be human. Emma Southon holds a PhD in ancient history from the University of Birmingham. She co-hosts a history podcast with writer Janina Matthewson called History is Sexy and works full time as a bookseller at Waterstones Belfast. Schneur Zal

In The Rule of Law in the United States: An Unfinished Project of Black Liberation (Hart, 2021), Dr. Paul Gowder focuses on examining the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? The book considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its bo

For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state.  In Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State (Stanford UP, 2021), Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of op

In the United States, tens of thousands of children are conceived every year with donated gametes. When people decide to create a child with donated gametes, they’ll typically have to make a moral decision about whether the identity of the donor will be available to the resulting person. This quickly raises additional moral and even existential questions about the value of knowing about the circumstances of our own conception. In Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation (Oxford UP, 2021) Daniel Groll argues that because donor-conceived persons are likely to develop a significant and worthwhile interest in knowing the identity of their genetic progenitor, their intended parents have an obligation to use a non-anonymous donor. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Useful Bullshit: Consitutions in Chinese Politics and Society (Cornell University Press, 2022) Dr. Neil Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC primarily around the first draft constitution in 1954. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day." But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy? Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant explores all facets of this constitutional discussion, as well as its afterl

Law and violence are thought to share an antithetical relationship in postcolonial modernity. Violence is considered the other of law, lawlessness is understood to produce violence, and law is invoked and deployed to undo the violence of lawlessness.  Oishik Sircar's book Violent Modernities: Cultural Lives of Law in the New India (Oxford UP, 2021) uses a critical legal perspective to show that law and violence in the New India share a deep intimacy, where one symbiotically feeds the other. Researched and written between 2008 and 2018, the chapters study the cultural sites of literature, cinema, people's movements, popular media and the university to illustrate how law's promises of emancipation and performances of violence live a life of entangled contradictions. The book foregrounds reparative and ethical accounts where law does not only inhabit courtrooms, legislations and judgments, but also lives in the quotidian and minor practices of disobediences, uncertainties, vulnerabilities, double binds and failu

Camilla Fitzsimons is an activist and a member of the Dublin West Pro Choice group. She works at Maynooth University and is the author of Community Education and Neoliberalism. Sinéad Kennedy is the co-founder of The Coalition to Repeal the Eighth and an executive member of Together for Yes. She works at Maynooth University and is the co-editor of The Abortion Papers, Ireland. In this interview Fitzsimons and Kennedy discuss their new book Repealed: Ireland’s Unfinished Fight for Reproductive Rights (Pluto Press, 2021), a celebration and analysis of a 35-year long grassroots movement that successfully overturned the ban on abortion in Ireland In 1983, the Eighth Amendment to the Irish Constitution created defined legal protections for the “unborn” and led to the Republic of Ireland having one of the strictest abortion regimes in the world, at a time when the rest of western Europe was liberalizing abortion access. In 2018, this constitutional ban that equated the life of a woman to the life of a fertilised em

In The Jewish World of Alexander Hamilton (Princeton UP, 2021), Andrew Porwancher debunks a string of myths about the origins of this founding father to arrive at a startling conclusion: Hamilton, in all likelihood, was born and raised Jewish. For more than two centuries, his youth in the Caribbean has remained shrouded in mystery. Hamilton himself wanted it that way, and most biographers have simply assumed he had a Christian boyhood. With a detective’s persistence and a historian’s rigor, Porwancher upends that assumption and revolutionizes our understanding of an American icon. This radical reassessment of Hamilton’s religious upbringing gives us a fresh perspective on both his adult years and the country he helped forge. Although he didn’t identify as a Jew in America, Hamilton cultivated a relationship with the Jewish community that made him unique among the founders. As a lawyer, he advocated for Jewish citizens in court. As a financial visionary, he invigorated sectors of the economy that gave Jews the

At the end of the Supreme Court's 2019-20 term, the center was holding. The predictions that the court would move irrevocably to the far right hadn't come to pass, as the justices released surprisingly moderate opinions in cases involving abortion rights, LGBTQ rights, and how local governments could respond to the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-21 term, much about the nation's highest court has changed. The right-wing supermajority had completed its first term on the bench, cementing Donald Trump's legacy on American jurisprudence. This is the story of that term. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the ongoing debate about the role of religion in American life, the Supreme Court has been at the center of many of the biggest events of the year. Throughout Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Tw

Uber's April 2016 launch in Buenos Aires plunged the Argentine capital into a frenzied hysteria that engulfed courts of law, taxi drivers, bureaucrats, the press, the general public, and Argentina's president himself. Economist and anthropologist Juan M. del Nido, who had arrived in the city six months earlier to research the taxi industry, suddenly found himself documenting the unprecedented upheaval in real time. Taxis Vs. Uber: Courts, Markets and Technology in Buenos Aires (Stanford UP, 2021) examines the ensuing conflict from the perspective of the city's globalist, culturally liberal middle class, showing how notions like monopoly, efficiency, innovation, competition, and freedom fueled claims that were often exaggerated, inconsistent, unverifiable, or plainly false, but that shaped the experience of the conflict such that taxi drivers' stakes in it were no longer merely disputed but progressively written off, pathologized, and explained away. This first book-length study of the lead-up to and immediate