New Books in Law

Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evaluating the interwoven trajectories of the people, like itinerant ship-workers and colonial magistrates, who built France’s first empire in the Atlantic and Indian Oceans in the long eighteenth century. Imperial subjects like these sought political and legal influence via law courts, with strategies that reflected local and regional priorities, especially in regards to slavery, war, and trade. Courts became liaisons between France and new colonial possessions.Byline: Dr. Julia M. Gossard is assistant professor of history and distinguished assistant professor of honor’s education at Utah State University. A historian of 18th-century France, Julia’s manuscript, Young Subjects, examines children as important actors in social reform, state-building, and imperial projects across the early modern French world. Dr. Gossard is active on Twitter. To learn more about her teaching, research, and experience in digital humanities, visit her website. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous detective and others hid their violence, and the arduous struggle to get Burge fired and win reparations for survivors.He blends legal and social history with ethnography to chronicle the labyrinthine legal system that concealed this torture, and the challenges of political coalition-building across class, race, and prison walls. The result is a history of the fraying reform discourse with which we live.Andrew S. Baer is assistant professor of history with a secondary appointment in African American studies at the University of Alabama at Birmingham.Patrick Reilly studies US history, race, and civilian cooperation with police at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law: The Last Two and a Half Millennia (Harvard UP, 2019), Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identifying what European law was, where its iterations could be found, who was allowed to make and implement it, and what the results were, she ties legal norms to their historical circumstances, and allows readers to grasp their malleability and fragility.Herzog describes how successive European legal systems built upon one another, from ancient times through the establishment and growth of the European Union. Roman law formed the backbone of each configuration, though the way it was understood, used, and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition.Expanding the definition of Europe to include its colonial domains, Herzog explains that British and Spanish empires in the New World were not only recipients of European legal traditions but also incubators of new ideas. Their experiences, as well as the constant tension between overreaching ideas and naive localism, explain how European law refashioned itself as the epitome of reason and as a system with potentially global applications.Tamar Herzog is Monroe Gutman Professor of Latin American Affairs and Radcliffe Alumnae Professor in the History Department at Harvard University, and Affiliated Faculty Member at Harvard Law School.Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Abolitionism and the Persistence of Slavery in Italian States 1750–1850 (Palgrave MacMillian, 2019) offers a pioneering study of slavery in the Italian states. Documenting previously unstudied cases of slavery in six Italian cities—Naples, Caserta, Rome, Palermo, Livorno and Genoa—Giulia Bonazza investigates why slavery survived into the middle of the nineteenth century, even as the abolitionist debate raged internationally and most states had abolished it. She contextualizes these cases of residual slavery from 1750–1850, focusing on two juridical and political watersheds: after the Napoleonic period, when the Italian states (with the exception of the Papal States) adopted constitutions outlawing slavery; and after the Congress of Vienna, when diplomatic relations between the Italian states, France and Great Britain intensified and slavery was condemned in terms that covered only the Atlantic slave trade. By excavating the lives of men and women who remained in slavery after abolition, this book sheds new light on the broader Mediterranean and transatlantic dimensions of slavery in the Italian states.Giulia Bonazza is currently a post-doctoral researcher on the international project Documenting Africans in Trans-Atlantic Slavery (CIRESC-CNRS Paris).Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Undocumented youth activists are at the forefront of the present-day immigrant rights movement. This is especially true surrounding the activism of the recent SCOTUS decision on DACA issued on June 18, 2020. Professor Kevin Escudero’s book, Organizing While Undocumented: Immigrant Youth’s Political Activism Under the Law (New York University Press, 2020), depicts just how undocumented immigrant youth have utilized their identities for political action between 2010-2019.By developing what he calls the “Identity Mobilization Model,” Escudero studies the intersectional collective identity formation of undocumented immigrant communities by focusing on how micro-level processes interact with macro-level legal structures.  Escudero uses intimate narrative accounts of individual experiences, community gatherings, and organizer meetings to show how undocumented immigrant youth activists emphasized the heterogeneity of the movement while also forming coalitions with other movements.Escudero drew on ethnographic participant observation and fifty-one in-depth interviews with undocumented youth activists in San Francisco, Chicago, and New York. The book covers three subgroups within the immigrant rights movement: undocumented Asian activists, undocumented queer activists, and formerly undocumented activists.Each chapter focuses on one of the three subgroups and details how the subgroup shared community knowledge, how they leveraged their intersectional movement identity, and what he observed as high-stakes allyship.  Organizing While Undocumented shows how undocumented immigrants “have organized powerful countermobilizations to resist the stigma of illegality”. Further, Escudero carefully describes how undocumented youth form an oppositional consciousness informed by articulations of nuanced historical narratives and their participation in the immigrant rights movement.Overall, Organizing While Undocumented is in direct conversation with academic discussions of migrant illegality, social movement activism, and intersectionality. This book should be read by scholars interested in those fields as well as activists and allies of the immigrant rights movement.  Jonathan Cortez is a Ph.D. candidate of American Studies at Brown University. They are a historian of 20th-century issues of race, labor, (im)migration, surveillance, space, relational Ethnic Studies, and Latinx Studies. Their research focuses on the rise of federally-funded encampments (i.e., the concentration of populations) from the advent of the New Deal until post-WWII era. Their dissertation, “The Age of Encampment: Race, Surveillance, and the Power of Spatial Scripts, 1933-1950” reveals underlying continuities between the presence of threatening bodies and the increasing surveillance of these bodies in camps throughout the United States. Jonathan is currently a Ford Predoctoral Fellow as well as a curatorial assistant at the Smithsonian National Museum of American History. You can follow Jonathan on Twitter @joncortz and on their personal website www.historiancortez.com  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities.Taking a long historical perspective, the book compares the political trajectory in the three regions from the 1970s until the present. Key political events are analyzed for their strategies, tactics, success and lessons learned. An assessment is made as to how these significant political events have informed the key actor’s struggles for democracy, and also the wider democracy trajectory.Crucially, by drawing on key events, Andreas Fulda demonstrates how the Chinese Communist Party uses “sharp power” to penetrate the political and information environments in Western democracies, and manipulate debate and suppress dissenters living both inside and outside China – with the intent of strengthening its own political position.The book explores the effectiveness and consequences of this sharp power, and the rise of the security state within mainland China. The book makes an argument that this policy has been counterproductive in Taiwan and Hong Kong, where sharp power practices have stimulated the growth of civil society, campaigns for democracy and the flourishing of religion.Fulda’s book makes an essential and timely contribution. It is wonderfully written and absorbing; a must read for anyone seeking to understand political events in the region, and China’s rise to prominence in the world.Follow Andreas Fulda on twitter @AMFChina .Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Juries are a cornerstone of the criminal trial, but what happens when the jury engages in its own kind of mischief? In this book, Jeremy Gans delves into the case of R v Young, where a newly married couple was murdered in cold blood. At trial, some jurors turned to a Ouija board for guidance. One of the appeal judges, Sir Ronald Waterhouse described the case as ‘the most bizarre appeal that I sat on… The whole episode had the flavour of a television play rather than a real-life (and very grave) criminal trial.’These seemingly salacious details conceal deeper issues encountered by jurors, and the criminal justice system at large. What are the ramifications of requiring twelve lay people to bear the burden of decision making in the criminal process? How can we, and should be trust juror deliberations? What should be the consequences if things go wrong? In The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System (Waterside Press, 2017), Gans considers these, and other issues which challenge the modern day criminal trial. He asks for compassion for jurors, but restores faith in the system and the institution. While being an informative text on the criminal law and its processes, it is also a gripping read that will leave you wanting to know more. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did an authoritarian regime help lay the cornerstones of human rights and international law? Soviet Judgement at Nuremberg: A New History of the International Military Tribunal  (Oxford University Press, 2020) argues that Anglo-American dominated histories capture the moment while missing the story.Drawing upon secret archives open for a few brief years during Russia’s liberalization, Francine Hirsch takes readers behind the scenes to private parties and late-night deliberations where the Nuremberg Principles took shape. A vital corrective told through the messy and all too human negotiations behind a trial that changed everything and almost never happened.Francine Hirsch is the Vilas Distinguished Achievement Professor of History at University of Wisconsin-Madison. Her first book Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (Cornell UP, 2005) received the Herbert Baxter Adams, Wayne S. Vucinich, and Council for European Studies book prizes. She specializes in Russian and Soviet History, Modern European History, Comparative Empires, Russian-American Engagement, and the History of Human Rights.Ryan Stackhouse is a historian of Europe specializing in modern Germany and political policing under dictatorship. His forthcoming book Enemies of the People: Hitler’s Critics and the Gestapo explores enforcement practices toward different social groups under Nazism. He also cohosts the Third Reich History Podcast and can be reached at john.ryan.stackhouse@gmail.com or @Staxomatix.  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 Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring (Sarah Crichton Books, 2019), District Judge Richard M. Gergel asks pertinent questions for the Summer of 2020. How do tragic events awaken white people to the violence of structural racism? What do white people do about it? How do black leaders shape their agendas? Unexampled Courage connects the stories of Isaac Woodard, Harry Truman, and J. Waties Waring to illustrate how one incident fits into the larger history of civil rights.On February 12, 1946, Sergeant Isaac Woodard was discharged from the United States military after serving in World War II. While traveling home by bus, Woodard, one of the 900,000 African American men to serve in WWII, was pulled off the bus and arrested for speaking disrespectfully to the white bus driver. While in the custody of police in Batesburg, South Carolina, Sergeant Woodard was beaten and blinded. Viewed in isolation, the blinding of Isaac Woodard appears to be one of many incidents of police brutality against African Americans but Gergel describes how this particular case – publicized widely by the NAACP Legal Defense Fund, the black press, and Orson Welles – reached President Harry Truman and set off a chain of events impacting 20th century American civil rights.In this extensively researched book, Gergel details how the mistreatment of Isaac Woodard shocked President Truman into creating a presidential commission on civil rights “To Secure These Rights” and ordering the Justice Department to prosecute Lynwood Shull, the chief of police in Batesburg. Shull was tried in South Carolina with Judge J. Waties Waring presiding – and found not guilty by an all-white jury. The verdict surprised and outraged Judge Waring who moved to confront racism – his own and that of the institutions that he supported. Moving forward, he ruled against racial segregation in Briggs v. Elliott (1952) and his decision helped lay the foundation for Brown v. Board of Education of Topeka (1954) and the legal precedent that separate but equal is “inherently unequal.”The book highlights how black Americans who fought for civil rights risked their livelihood, bodies, and lives while whites like Truman and Waring negotiated social disapproval, political backlash, and – sometimes – violence. Although the focus is on the white men who “awaken,” he demonstrates the importance of Thurgood Marshall and the NAACP leadership in addressing how institutional inconsistencies (e.g. Department of Justice, FBI, jury procedures, racist law enforcement) produced a bystander government.In the podcast, Judge Gergel connects this mid-century civil rights history to the death of George Floyd, the inability of Congress to pass the Emmett Till Antilynching Act in June 2020, and the challenges of legal reform that remain. He also reveals that the book will be the subject of a public television documentary.Adam Liebell-McLean assisted with this podcast.Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What kind of discrimination do Black women face in the legal profession? Tsedale Melaku explores this question and more in her new book: You Don’t Look Like a Lawyer: Black Women and Systemic Gendered Racism (Rowman & Littlefield, 2019). Using in-depth interviews with Black women about their lived experiences working in elite law firms, Melaku explores topics including double burden, system gendered racism, and color-blind ideology. She also pushes our thinking further about these issues through discovery of issues including the invisible labor clause and inclusion tax. Her respondents elaborate on their experiences of having their appearances and positions continually scrutinized, leading to hypervisibility and invisibility. Melaku also explores women’s experiences of isolation, exclusion, and ultimately attrition through daily experiences as well as through important relationships within professional networks.This book will be of interest to many readers inside and outside of Sociology. Scholars of race, gender, and work will find this to be an important reading for their own work and a critical addition to their classrooms. Anyone working in professional institutions could benefit from reading the experiences of these women and Melaku’s clear and thorough analysis of next steps and take-aways.Sarah E. Patterson is a postdoctoral fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law