New Books in Law

In the wake of the George Floyd killing, many Americans are engaging in a renewed debate about the role violence and especially police violence, plays in American society. In A Pattern of Violence: How the Law Classifies Crimes and What it Means for Justice (Harvard UP, 2020), David Alan Sklansky, the Stanley Morrison Professor of Law at Stanford Law School, argues that in order to think sensibly about criminal justice, we must consider how we think about violence and the criminal law’s role in shaping our perceptions.Sklansky argues that the criminal law’s definitions of violence have proven “slippery” and have been used in highly inconsistent ways. We talk about offenders as being characterologically violent, but contrastingly talk about the police, gun owners, or free speech activists in nonviolent terms. For example, police officers use “force” to subdue “vicious” criminals. Or they “stop and frisk” suspects instead of violently violating a person’s bodily integrity. While the police have increasingly militarized and have become more insular and reactionary, Sklansky argues that police institutions themselves have also played a role in creating many of the situations in which the police find themselves. Additionally, Sklansky significantly details how our conversations of violence regarding rape and domestic violence, the treatment of juvenile offenders, and free speech and gun rights, suffer from the same inconsistencies, especially as they tend to exaggerate and perpetuate race, gender, and class differences.Sklansky argues that the law has not always drawn consistent boundaries between violent and non-violent offenses. Burglary, while labeled a violent felony, requires no act of interpersonal violence. Assault or battery, on the other hand, are often misdemeanors, though they require physical violence.In addition to thinking inconsistently about violence, most Americans accept and even celebrate forms of societal violence. For example, American prisons, while not officially condoning violence, allow and sometimes encourage violence against prisoners as forms of discipline and retribution. As Sklansky argues, violence in these institutions is often treated as a form of entertainment, a “morbid parody of combat sports.”Sklansky prompts us to confront our overly simplistic definitions and assumptions about violence in the American law. He encourages us to take advantage of an increased awareness of violence and to work toward more just and consistent definitions.Samuel P. Newton is an Assistant Professor of Law at the University of Idaho College of Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is the impact of surveillance capitalism on our right to free speech? The Internet once promised to be a place of extraordinary freedom beyond the control of money or politics, but today corporations and platforms exercise more control over our ability to access information and share knowledge to a greater extent than any state. From the online calls to arms in the thick of the Arab Spring to the contemporary front line of misinformation, Jillian York charts the war over our digital rights. She looks at both how the big corporations have become unaccountable censors, and the devastating impact it has had on those who have been censored.In Silicon Values: The Future of Free Speech Under Surveillance Capitalism (Verso Book, 2021), leading campaigner Jillian York, looks at how our rights have become increasingly undermined by the major corporations desire to harvest our personal data and turn it into profit. She also looks at how governments have used the same technology to monitor citizens and threatened our ability to communicate. As a result our daily lives, and private thoughts, are being policed in an unprecedented manner. Who decides the difference between political debate and hate speech? How does this impact on our identity, our ability to create communities and to protest? Who regulates the censors? In response to this threat to our democracy, York proposes a user-powered movement against the platforms that demands change and a new form of ownership over our own data.Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Migration and Hybrid Political Regimes: Navigating the Legal Landscape in Russia (University of California Press, 2020), Dr. Rustam Urinboyev presents rich ethnographic material to reconceptualize how migrants adapt to new legal environment in hybrid political regimes that are neither democratic nor conventionally authoritarian. Focused on Uzbek labor migrants from the Fergana Valley in Uzbekistan, Urinboyev’s book makes an important contribution to the literature on migration studies, socio-legal scholarship and Russian and Central Asian Studies by ethnographically demonstrating how Uzbek migrants negotiate the Russia’s immigration legal regime by relying on various informal and illegal practices that offer alternative means of adaptation under the conditions of shadow economy. Placing emphasis on the agency of Uzbek labor migrants, Urinboyev shows how they use informal channels to secure employment, wages, and other forms of protection despite the difficulty of operating within the official legal framework. Accessible to a wide audience, the book will be of interest to policy makers, scholars, students, and anyone else interested in contemporary global migration, Central Asia, and Russia. The book was published open-access and can be found here.Nicholas Seay is a PhD student at Ohio State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Give Me Liberty: A History of America's Exceptional Idea (Basic Books, 2019), Richard Brookhiser has written a history of an idea, liberty, using an unconventional format of a review of documents from America’s past that touch upon different understandings of liberty. Brookhiser reviews thirteen documents from each era of America’s past. He starts with the 1619 document noting the beginning of representative and deliberative self-government in Jamestown, Virginia. He includes a review of notable, well known documents, from the Seneca Falls Declaration from 1848 to Lincoln’s Gettysburg Address from 1863 to William Jennings Bryan’s “Cross of Gold” speech in 1896 to Ronald Reagan’s Berlin Wall speech in 1987. Yet, Brookhiser also analyzes some “hidden history,” covering documents that are less well known. For example, he reviews the Flushing Remonstrance of 1657, wherein common people in New York publicly demanded liberty of conscience, not for themselves, but for a religious minority and for religious beliefs they did not personally embrace. Instances such as these reveal the widespread and deeply felt sense that liberty is endemic to humans and should be recognized by positive law and protected by government.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We commonly ascribe beliefs and similar attitudes to groups. For instance, we say that a foreign government believes that members of the press are spies, or that a corporation denies that its product is harmful to the environment. Sometimes, it seems that in such cases, we are simply ascribing to the group the shared beliefs of its members. But there are other cases in which it appears we are referencing an independent subject of the belief or attitude – the government or the corporation, over and above its members. Puzzles abound.In The Epistemology of Groups (Oxford 2021), Jennifer Lackey develops a unified account of group belief, justified group belief, group knowledge, and group assertion. Intriguingly, this account serves ultimately to allow us to make sense of group lies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the spring of 1942, the United States government forced 120,000 Japanese Americans from their homes in California, Oregon, Washington, and Arizona and sent them to incarceration camps across the West. Nearly 14,000 of them landed on the outskirts of Cody, Wyoming, at the base of Heart Mountain.Behind barbed wire fences, they faced racism, cruelty, and frozen winters. Trying to recreate comforts from home, many established Buddhist temples and sumo wrestling pits. Kabuki performances drew hundreds of spectators—yet there was little hope.That is, until the fall of 1943, when the camp’s high school football team, the Eagles, started its first season and finished it undefeated, crushing the competition from nearby, predominantly white high schools. Amid all this excitement, American politics continued to disrupt their lives as the federal government drafted men from the camps for the front lines—including some of the Eagles. As the team’s second season kicked off, the young men faced a choice to either join the Army or resist the draft. Teammates were divided, and some were jailed for their decisions.Bradford Pearson's The Eagles of Heart Mountain: A True Story of Football, Incarceration and Resistance in World War II America (Atria, 2021) honors the resilience of extraordinary heroes and the power of sports in a sweeping and inspirational portrait of one of the darkest moments in American history.Paul Knepper used to cover the Knicks for Bleacher Report. His first book, The Knicks of the Nineties: Ewing, Oakley, Starks and the Brawlers That Almost Won It All was published in September 2020. You can reach Paul at paulknepper@gmail.com and follow him on Twitter @paulieknep. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What if the sovereignty of the First Nations was recognised by European international law in the eighteenth and nineteenth centuries? What if the audacious British annexation of a whole continent was not seen as acceptable at the time and the colonial office in Britain understood that 'peaceful settlement' was a fiction? If the 1901 parliament did not have control of the whole continent, particularly the North, by what right could the new nation claim it?The historical record shows that the argument of the Uluru Statement from the Heart is stronger than many people imagine and the centuries-long legal position about British claims to the land far less imposing than it appears.In Truth Telling: History, Sovereignty and the Uluru Statement (NewSouth, 2021), influential historian Henry Reynolds pulls the rug from legal and historical assumptions, with his usual sharp eye and rigour, in a book that's about the present as much as the past. His work shows exactly why our national war memorial must acknowledge the frontier wars, why we must change the date of our national day, and why treaties are important. Most of all, it makes urgently clear that the Uluru Statement is no rhetorical flourish but carries the weight of history and law and gives us a map for the future.Henry Reynolds is Honorary Research Professor, Aboriginal Studies Global Cultures & Languages, University of TasmaniaBede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr Katie Cruz contributed a chapter titled "The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work" to the book Criminality at Work. In this podcast, Dr Cruz talks about her research around stripping and labour rights. She discusses the case of Nowack vs Chandler Bars when a woman working as a stripper in a London strip club was successful in pursuing her case against the club. She discusses her other work including her research among sex workers in Jamaica. Kate's blog posts are available here. Cruz's other works in include: --Cruz, K., & Brown, W. (2016). "Feminism, law, and neoliberalism: An interview and discussion with Wendy Brown." Feminist Legal Studies, 24(1), 69-89.--Cruz, K. (2018). "Beyond Liberalism: Marxist feminism, migrant sex work, and labour unfreedom." Feminist Legal Studies, 26(1), 65-92.--Hardy, K., & Cruz, K. (2019). "Affective organizing: Collectivizing informal sex workers in an intimate union." American behavioural scientist, 63(2), 244-261.--Cruz, K., Davidson, J. O. C., & Taylor, J. S. (2019). "Tourism and sexual violence and exploitation in Jamaica: contesting the ‘trafficking and modern slavery frame." Journal of the British Academy, 7(s1), 191-216.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

The ratification of the Nineteenth Amendment to the Constitution of the United States, which granted women the right to vote nationwide, was the culmination of a long and oftentimes contentious campaign that had its origins in the beginnings of the nation itself. In American Women’s Suffrage: Voices from the Long Struggle for the Vote, 1776-1965 (Library of America, 2020) Susan Ware provides readers with a sampling of the letters, articles, speeches, and other contemporary documents that reflect both the ideas of the movement and the arguments deployed against it. Her selections demonstrate how the battle of women’s suffrage was itself a part of a broader campaign for women’s rights in the early 19th century. Though it was galvanized by the activism of women from the abolitionist movement, the solidarity born of common oppression was shattered after the Civil War, when many suffragists expressed frustration with their exclusion from the voting rights being granted to Blacks. While a corps of dedicated activists continued their campaign into the 20th century, it was only in the 1910s that momentum shifted decisively in their direction. As Ware demonstrates, their success in gaining ratification in 1920 was less the conclusion of women’s efforts for political quality than it was the end of one stage and the beginning of a new effort to turn the newly-won franchise into political power – an effort that continues down to the present day. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Immigration in the 21st Century: The Comparative Politics of Immigration Policy (Routledge, 2020) is an excellent primer for those looking to understand the complexities of immigration not only as a policy arena, but the study of immigration and migration, and to get a sense of the different approaches to immigration from a variety of kinds of countries. Terri Givens, Rachel Navarre, and Pete Mohanty have written a sophisticated and accessible text that would be of interest to anyone who wants to learn a bit more about immigration. The authors explain the different approaches to immigration taken by different countries, depending on the historical and political contexts of those countries. They group countries together into categories, with defining characteristics that contribute to the form and shape of the immigration policies that have been implemented. Attention is paid to the post-World War II European shifts in immigration and policies that provided avenues for workers to help with the rebuilding of places like Germany and France. There is also a discussion of the way that globalization has contributed to the evolution of immigration processes, and how migration is also participating in the shape of newer policies and political responses. In our conversation, Givens explains the way that sovereignty and nation building provide the framing for immigration policies and how nations think about those whom they allow to become citizens.Immigration in the 21st Century provides an understanding of immigration from a practical perspective, contextualizing it in the world that came out of World War II. This book also integrates the role that the Cold War played in both immigration and migration during the period of tension between the East and the West, and then what happened after the end of the Cold War. In our conversation, Givens notes the differences between immigration, which is generally a public and political policy that a nation puts into place, and migration, which follows the flow of people from one place to another place, often because of a triggering event, like war and conflict, or climate change. We also discuss the different policies that govern the trade of goods across borders and the more complicated nature of implementing policies that govern the movement of people across borders. Immigration in the 21st Century is a useful and thoughtful analysis of the complexities of immigration in the modern world.Terri Givens also has a website devoted to the book itself and updating information about immigration. Here is the link to that website, which also includes a coupon for a discount on the book: https://www.terrigivens.com/immigration/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