New Books in Law

Today we speak to Carolyn Conley, Professor Emerita from the University of Alabama – Birmingham, about her new book Debauched, Desperate, Deranged: Women Who Killed, London 1674-1913 (Oxford UP, 2020). This book examines the over 1400 trials of women accused of homicide in London from 1674-1913, using trial records as well as newspaper, pamphlets and other media to analyse the changing image of the female killer. Conley is the author of The Unwritten Law: Criminal Justice in Victorian Kent (Oxford UP, 1991); Melancholy Accidents: The Meaning of Violence in Post-Famine Ireland (Lexington Books, 1999); and Certain Other Countries: Homicide and National Identity in England, Ireland, Scotland, and Wales, 1867- 92 (Ohio State University Press, 2007). This work, a sort of capstone for her career, traces the development of the criminal prosecution and punishment of women from the early modern era to the early twentieth century.Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Color of Creatorship: Intellectual Property, Race, and the Making of Americans  (Stanford University Press, 2020) by Anjali Vats is an intricate and meticulously researched text on intellectual property history, race, and citizenship from the 1790s to the present. This is a complex narrative that engages multiple fields of knowledge including rhetoric, history, communication studies, law, and critical race theory. With a focus on race and neo-coloniality in American intellectual property law, Vats argues that intellectual property and citizenship “have evolved and continue to evolve—in deeply intertwined and raced ways” as demonstrated in racial scripts or narratives about creators and infringers (2).In her history of intellectual property, Vats focuses on copyright, patent, and trademark discourses in her intricate analysis of how ideas about creator, citizenship, race and nation unfold over time. The text includes an “Introduction” that discusses intellectual property as “a set of rhetorics” about citizenship and how “race and coloniality structure doctrinal practices in copyright, patent, and trademark law” (3). She uses the phrase “intellectual property citizen” to organize the text into four neat chapters that discuss how whiteness and property interests shape intellectual property law at times in the “guise of equality” and race neutral language.The first two chapters cover the development of ideas about intellectual property from the early Republic to the mid-twentieth century. Chapter One is titled “The Intellectual Property Citizen” and it focuses on how whiteness became more formally linked with citizenship in the 1700s including some analysis of how the production of knowledge marked the boundaries of American citizenship. This is the era in which creatorship is cast as “fundamentally white” according to the author. Chapter Two is titled “The Race Liberal Intellectual Property Citizen” and it concerns a discussion of how race liberal citizenship emerged in the post-World War II Era.In Chapter Three, “The Post Racial Intellectual Property Citizen” Vats notes that the administration of Barack H. Obama passed a series of laws that helped to maintain a notion of white creatorship ultimately producing a post racial intellectual property citizen. The color of creatorship essentially remained white during the Obama Era. Lastly, in the final Chapter “Rescripting Creatorship, Rescripting Citizenship” creators of color such as Prince Rogers Nelson pushed back against the racialist narratives in intellectual property law through performative acts of resistance and in the process contributed to the remaking of capitalism more generally.'Anjali Vats is Assistant Professor of Communication and African and African Diaspora Studies and Assistant Professor of Law (by courtesy) at Boston College.Hettie V. Williams Ph.D., is an Assistant Professor of African American history in the Department of History and Anthropology at Monmouth University where she teaches courses in African American history and U.S. history. She has published book chapters, essays, and edited/authored five books. Her latest publications include Bury My Heart in a Free Land: Black Women Intellectuals in Modern U.S. History (Praeger, 2017) and, with Dr. G. Reginald Daniel, professor of historical sociology at the University of California, Santa Barbara, Race and the Obama Phenomenon: The Vision of a More Perfect Multiracial Union (University Press of Mississippi 2014). Follow me on twitter: @DrHettie2017 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale.The Truth Machines: Policing, Violence, and Scientific Interrogations in India (University of Michigan Press, 2020) examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors.Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book Empire of Law: Nazi Germany, Exile Scholars, and the Battle for the Future of Europe (Cambridge UP, 2020), Kaius Tuori examines the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty, and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law, and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism.Kaius Tuori is Professor of European Intellectual History at the Centre for European Studies at the University of Helsinki. Craig Sorvillo is a PhD candidate in modern European history at the University of Florida. He specializes in Nazi Germany and the Holocaust. He can be reached at craig.sorvillo@gmail.com or on Twitter @craig_sorvillo. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus of complex assumptions about human rights discourses, liberal-secular sensibilities, and law, which all hinged on narratives of western modernity and progress and were set against notions of Muslim women’s rights and agency, or lack thereof. By tracing discourses surrounding Islamic family law and practices of faith-based arbitration in Canada, the study problematizes conceptions of multiculturalism, secularism, and human rights discourses, while further contributing to discussion of contemporary Islam and gender by drawing on postcolonial, antiracist, and transnational feminist studies by focusing on Muslim women’s rights. This book will be of interest to scholars who think and write about women and gender in Islam, especially in Canada, the United States and western Europe, along with those who are interested in human rights and Islamic law. It will also be a great text to include in courses on Islam and gender, and contemporary Islam. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloomsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found here and here. She may be reached at shobhana.xavier@queensu.ca. You can follow her on Twitter via @shobhanaxavier. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this fascinating history of Australia’s electoral system, Judith Brett makes a timely case in favour of compulsory voting. Her analysis is entertaining and enlightening, and makes a significant contribution to the ongoing political discussions around the US electoral college, the Brexit vote, and the frequently-changing Australian Prime Ministership. In From Secret Ballot to Democracy Sausage: How Australia Got Compulsory Voting (Text Publishing 2019), Brett paints a lively picture of one of the institutions that helps to define Australia’s democracy; its compulsory voting system. The reader comes to understand how Australia’s democracy sausages have become a symbol of its contribution to electoral processes around the world. By Brett’s rollicking account, it becomes clear that its compulsory voting system is one that Australians should be rightly proud of.Emeritus Professor of politics, Judith Brett is one of Australia’s foremost political biographers. At La Trobe University she was a Professor of Australian Politics, Political Biography and Political History. She is the author of a number of books, including the award winning biography The Enigmatic Mr Deakin (Text Publishing, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls.To escape all this, Paulina O. Espejo's On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why did the Founding Fathers fail to include blacks and Indians in their cherished proposition that “all men are created equal”? Racism is the usual answer. Yet Nicholas Guyatt argues in Bind Us Apart: How Enlightened Americans Invented Racial Segregation (Basic Books, 2016) that white liberals from the founding to the Civil War were not confident racists, but tortured reformers conscious of the damage that racism would do to the nation. Many tried to build a multiracial America in the early nineteenth century, but ultimately adopted the belief that non-whites should create their own republics elsewhere: in an Indian state in the West, or a colony for free blacks in Liberia. Herein lie the origins of “separate but equal.” Essential reading for anyone hoping to understand today's racial tensions, Bind Us Apart reveals why racial justice in the United States continues to be an elusive goal: despite our best efforts, we have never been able to imagine a fully inclusive, multiracial society.1619, Revisited by Nicholas Guyatt.How Proslavery Was the Constitution? by Nicholas Guyatt.1619 Project by Nikole Hannah-JonesAdam McNeil is a third-year PhD Student in early African American Women's History at Rutgers University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This is what just happened in Hong Kong”--Michael C. DavisIt is difficult to understand the pace or extent of the changes in Hong Kong since the protests began in June 2019, however in his latest book, Michael C. Davis breaks down for both the uninitiated and expert alike, the political, legal and informal events that have shaped Hong Kong under China’s ever expanding controls. In recent years, Beijing’s increasing interference with Hong Kong’s autonomy has begun to erode the promised “one country, two systems” model. The tension between one country and two systems came to a head in 2019; the world watched Hong Kong’s widespread protests demanding the maintenance of Hong Kong’s autonomy, rule of law and basic freedoms. In an attempt to quell the resistance movement, in 2020 Beijing introduced a National Security Law which has had a chilling effect on society. In Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020), Professor Davis contextualizes these events in Hong Kong’s political history, giving the reader unique understandings about the events of 2019 and 2020.Professor Michael C. Davis has taught human rights and constitutional law in Hong Kong for over three decades. Through that time, he has witnessed first-hand the changes from the period before the handover in 1997 under British Colonial Rule, including the events after the Tiananmen crackdown in 1989. He was instrumental in the organisation of the massive 2003 and 2004 protests, and witnessed first-hand the protests of the 2014 Occupy Central movement. He brings his unique insights to this book. Davis is the author of a number of books and his scholarship engages a wide range of issues relating to human rights, the rule of law and constitutionalism in emerging states. He is widely published in both academic circles and also popular news media. In 2014 he was awarded the 2014 Human Rights Press Award for his commentary by the Hong Kong Foreign Correspondents Club.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) by Prof. Nurfadzilah Yahaya is a wide-ranging, geographically ambitious book that tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. Here, Yahaya looks at colonial legal infrastructure – discussing how it impacted, and was impacted by, Islam and ethnicity. But more importantly, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. In order to ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played themselves out between family, religious, contract, and commercial legal orders.Nurfadzilah Yahaya is a legal historian of the Indian Ocean. She is currently Assistant Professor at the History Department, National University of Singapore (NUS). She was a Research Fellow at the Asia Research Institute until June 2016, NUS. She is the Editor of the World Legal History Blog on Humanities and Social Sciences Online (H-net). She received her PhD in History from Princeton University in 2012, and was a Postdoctoral Fellow in Islamic Studies in Washington University in St. Louis until June 2015. She has published journal articles in Law and History Review, Indonesia and the Malay World, and The Muslim World.Kelvin Ng hosted the episode. He is a Ph.D. student at Yale University, History Department. His research interests broadly lie in the history of imperialism and anti-imperialism in the early-twentieth-century Indian Ocean circuit.Janna Aladdin is a recent MA graduate of NYU’s Near Eastern studies program. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law