New Books in Law

Every year, millions of women turn to law to help them escape intimate partner violence. The legal processes are complex and varied, often enmeshing women for many years. In Intimate Partner Violence and the Law, published by Oxford University Press in 2021, Professor Heather Douglas examines intimate partner violence, including nonphysical coercive control, and shows how women's interactions with the law and legal processes can support or exacerbate their experiences and their abilities to leave an abusive partner. Over a period of three years, Douglas conducted a series of interviews to understand how women engage with criminal, family, and civil courts. The women's stories show how abusers can use the law to further perpetuate abuse. Despite the heightened danger that leaving an abusive partner can represent, the book showcases the level of endurance, resilience and patience that it takes women when they seek protection through law for themselves and their children. Reading the first-hand experiences of women and the impact on them from their interactions with police, lawyers, judges, and child protective services is extremely moving and illuminating. The book is profoundly important in understanding the need for reform to protect women and their children from intimate partner violence. Douglas shows how the legal system operates in practice, and the gap in protection for women and their children as to how it should work. Professor Heather Douglas is a Professor of Law at the Melbourne Law School at The University of Melbourne and Honorary Professor at the School of Law at The University of Queensland. She has worked on the legal response to intimate partner violence for over twenty years, both as a practitioner and an academic. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Between 1885 and 1960, laws and policies designed to repress prostitution dramatically shaped London's commercial sex industry. J. Laite's book Common Prostitutes and Ordinary Citizens: Commercial Sex in London, 1885-1960 (Palgrave MacMillan, 2012) examines how laws translated into street-level reality, explores how women who sold sex experienced criminalization, and charts the complex dimensions of the underground sexual economy in the modern metropolis.Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Students of American history know that the framers of the Constitution were deeply concerned that the United States would founder on the shoals of mob rule. They designed a system meant to ensure rule by an elected elite, a republic rather than a democracy. While democratic elements have been introduced over the past two centuries, that basic structure still stands.In Open Democracy: Reinventing Popular Rule for the Twenty-First Century (Princeton UP, 2020), Landemore argues that it is time to create a more truly democratic system, one in which elections do not play a major role. While she thinks it unlikely that the national arena is necessarily the best place to start implementing such changes, she does see opportunities for creating local assemblies or “mini-publics” where citizens chosen by lot would deliberate on and enact policies and laws. She points out that hundreds of experiments in this direction have been initiated in the past two decades, and she lays down principles and approaches that make the likelihood of success greater. Her work is profoundly optimistic about the potential for citizens from all walks of life to participate in governing their society.Jack Petranker, MA, JD, is the founder and Senior Teacher at the Center for Creative Inquiry and the Director of the Mangalam Research Center. www.jackpetranker.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Giovanni Mantilla’s new book, Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020), traces the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict, and explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. In this conversation with Yi Ning Chang, Giovanni reflects on history and theory in the study of international relations and international law, on the nature of norms and power in the international sphere, and on “theorizing possibility” in international politics. Readers in the US may use the code “09FLYER” for a 30% discount through Cornell University Press, while those outside the US may use “CSF21PSA”, also for a 30% discount, through Combined Academic Publishers.Awarded the prestigious Francis Lieber Prize for outstanding book in the field of the law of armed conflict in 2021, Lawmaking under Pressure analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s.By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order.Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.Yi Ning Chang is a PhD student in political theory at the Department of Government at Harvard University. She works on the history of contemporary political thought, postcolonial theory and race, and the global histories of anticolonialism and anti-imperialism in Southeast Asia. Yi Ning can be reached at yiningchang@g.harvard.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On September 23, 1970, a group of antiwar activists staged a robbery at a bank in Massachusetts, during which a police officer was killed. While the three men who participated in the robbery were soon apprehended, two women escaped and became fugitives on the FBI's Ten Most Wanted list, eventually landing in a lesbian collective in Lexington, Kentucky, during the summer of 1974. In pursuit, the FBI launched a massive dragnet. Five lesbian women and one gay man ended up in jail for refusing to cooperate with federal officials, whom they saw as invading their lives and community. Dubbed the Lexington Six, the group's resistance attracted national attention, inspiring a nationwide movement in other minority communities. Like the iconic Stonewall demonstrations, this gripping story of spirited defiance has special resonance in today's America.Drawing on transcripts of the judicial hearings, contemporaneous newspaper accounts, hundreds of pages of FBI files released to the author under the Freedom of Information Act, and interviews with many of the participants, Josephine Donovan reconstructs this fascinating, untold story. The Lexington Six: Lesbian and Gay Resistance in 1970s America (University of Massachusetts Press, 2020) is a vital addition to LGBTQ, feminist, and radical American history.Josephine Donovan is professor emerita of English at the University of Maine, Orono.John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford University Law School and senior fellow at the Hoover Institution, has written an examination of the power that the president has in the U.S. constitutional system. The President Who Would Not Be King: Executive Power under the Constitution (Princeton UP, 2020) presents a unique analysis of the powers that were allocated to the executive in Article II of the Constitution, as well as an exploration of the origin of many of the executive powers that are outlined in the Constitution but allocated to other branches of government within the new constitutional system. Thus, while McConnell’s focus is on the executive in the American constitutional system, the framing of this focus is in delineating the prerogative powers that Blackstone had noted belong to the monarch or the individual head of state, but that the Founders in 1787 split up. The argument in the book also clarifies the structure of Article II, explaining in important detail the sections of Article II and how they are connected to each other. McConnell’s deep dive into the discussions not only in Philadelphia in 1787, but also in the state ratifying conventions and among the different founders provide the historical context for the explicit and implied powers distributed throughout the Constitution. McConnell’s historical analysis pays particular attention to the committees that were established during the Constitutional Convention, like the Committee on Detail, that had to flesh out how the powers that were being invested in the document would manifest in operation. Thus, The President Who Would Not Be King is an historical examination of the competing ideas that were part of the conversation that ultimately became the U.S. Constitution. But McConnell does not stop at the founding period. He provides much more contemporary examples and case studies of some of the tensions around these prerogative powers that were not all given to the president in Article II. This takes up Justice Robert Jackson’s important decision in Youngstown Sheet and Tube v. Sawyer in terms of how that decision shaped expectations around executive use of power and authority, and has also positioned those expectations within, intentionally or not, our highly partisan political environment. McConnell’s work provides a path to understanding constitutional meaning from before the constitution itself was written, which is distinct from constitutional theories like originalism. The President Who Would Not Be King also wrestles with the Founders’ ideas around the complexity of separation of powers, given the executive powers that Congress holds and can use, as well as the executive powers vested in the presidency.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System (New Press, 2019) is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. **Special announcement for teachers: Usual Cruelty is available free of charge for your students and for each student assigned a complimentary copy of Usual Cruelty will be circulated in prisons. Learn more https://thenewpress.com/books/...Lee M. Pierce (she/they) is an Assistant Professor at SUNY Geneseo specializing in rhetoric, race, and U.S. political culture. They also host the Media & Communications and Language channels for New Books Network and their own podcast titled RhetoricLee Speaking. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today we are talking with Becca Andrews, a journalist at Mother Jones, where she writes about reproductive rights and gender. The story we discuss is “When Choice is 221 Miles Away: The Nightmare of Getting an Abortion in the South” and its follow up.Becca’s debut work of nonfiction, No Choice, based on her Mother Jones cover story about the past, present, and future of Roe v. Wade, will be published by in 2022.Andrews is a graduate of UC Berkeley’s School of Journalism and wrote for newspapers in her home state of Tennessee.Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This collection of narrative essays by sex workers presents a crystal-clear rejoinder: there's never been a better time to fight for justice. Responding to the resurgence of the #MeToo movement in 2017, sex workers from across the industry--hookers and prostitutes, strippers and dancers, porn stars, cam models, Dommes and subs alike--complicate narratives of sexual harassment and violence, and expand conversations often limited to normative workplaces.Writing across topics such as homelessness, motherhood, and toxic masculinity, We Too: Essays on Sex Work and Survival (Feminist Press, 2021) gives voice to the fight for agency and accountability across sex industries. With contributions by leading voices in the movement such as Melissa Gira Grant, Ceyenne Doroshow, Audacia Ray, femi babylon, April Flores, and Yin Q, this anthology explores sex work as work, and sex workers as laboring subjects in need of respect--not rescue.A portion of this book's net proceeds will be donated to SWOP Behind Bars (SBB).Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Campus Carry: Confronting a Loaded Issue in Higher Education (Harvard Education Press, 2020), editors Patricia Somers and Matt Valentine lead an examination of the unintended consequences of campus gun policy and showcase voices from the college community who are grappling with the questions, issues, and consequences that have emerged at their respective institutions. While making the case that campus carry legislation is harmful, the book gathers some of the very best thinking around enacting such policies and offers valuable recommendations for mitigating its effects and preserving university values.The implementation of campus carry is complex and has provoked many questions: How does concealed carry on campus affect the free expression of ideas in the classroom or the safety of faculty holding unpopular or even controversial views? Should students who misplace or leave their weapons unattended be disciplined? How are communities of color impacted by campus carry? Along with the book's contributors, Somers and Valentine provide higher education leaders, administrators, and faculty with a valuable resource that will guide them toward considerations that might otherwise be overlooked, help them avoid pitfalls that have been encountered elsewhere, and protect institutional priorities.The book features reflection pieces from students, alumni, and faculty to illustrate the complexity and controversy of the campus carry policy. Given that the legal possession of guns in the classroom is now a reality for American educators and students in much of the country, Campus Carry concludes with a passionate call for more university-based original research on gun violence.Pat Somers is an Associate Professor in the Program of Higher Education Leadership in the Educational Leadership and Policy Department at the University of Texas at Austin. Matt Valentine teaches writing at the University of Texas at Austin, where he is a fellow of the Trice Professorship in the Plan II Honors Program.   Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law