New Books in Law

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present.Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Goodman will cover how the history of deportation is linked with the development of federal power, state coercion, and activist resistance for due process. We also discuss the connections between the deportation machine and the contemporary debate on the prison-industrial complex, anti-immigrant prejudice, and demands for police reform. Far beyond the harsh realities of deportation, this book shows us how the politics of expulsion sought to define who truly belonged in America.Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework.Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework. People’s Tribunals can be part of broader social movements which attempt to bring reconciliation and some sought of healing for past atrocities.The book will be of interest to anyone interested in human rights, international criminal law, environmental justice, transnational justice and international relations.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

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Siobhan interviews Robert T. Chase, author of 'We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America'. They discuss the history of southern prisons, the struggle for prisoners' rights, the impact of litigation and political organizing, the role of federal power in mass incarceration, and modern-day connections to the prisoners' rights movement.

Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia.In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison.We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists.Dr. Dean also introduces the Human Trafficking Policy Index - her new, innovative tool for measuring the scope of human trafficking policy.Diana Dukhanova is Visiting Assistant Professor of Russian at the College of the Holy Cross in Worcester, MA. Her work focuses on religion and sexuality in Russian cultural history, and she is currently working on a monograph about Russian religious philosopher Vasily Rozanov. Diana tweets about contemporary events in the Russian religious landscape at https://twitter.com/RussRLGNWatch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Americans think about trials of Holocaust perpetrators, they generally think of the Nuremberg Trials or the trial of Adolf Eichmann or perhaps of the Frankfort trials of perpetrators from Auschwitz. If they think of Polish trials at all, they likely assume these were show trials driven by political goals rather than an interest in justice.Gabriel Finder and Alexander Prusin's book Justice behind the Iron Curtain: Nazis on Trial in Communist Poland (University of Toronto Press, 2018) shows that the truth was considerably more nuanced. The book is a comprehensive account of the trials of Nazi perpetrators conducted in liberated and postwar Poland. But it’s more than that—it’s a reflection on how politics impact justice, on what trials can teach us about perpetrator behavior, and on the ways in which ordinary Poles responded to the Holocaust. Finder and Prusin show that the trials were shaped by their political context. But this context allowed and sometimes encouraged the participation of a variety of actors and for a careful and thorough examination of documentary evidence and the testimony of survivors.  As a result, the trials were largely successful in achieving a kind of justice, as imperfect as that might be.Prusin died shortly before the book was published. This interview is dedicated to his memory.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Legislative Development in Africa: Politics and Postcolonial Legacies (Cambridge University Press, 2019) examines the development of African legislatures from their colonial origins through independence, autocracy and the transition to multi-party rule.In it, Ken Ochieng’ Opalo seeks to explain the different trajectories that African legislatures have taken, why some have become stronger than others, and what are the conditions that allow for democratic institutions to emerge from an autocratic system.The book combines a broad historical analysis of legislatures throughout Africa with the comparative case studies of Kenya and Zambia. It employs both quantitative and qualitative data to support the argument that despite the limitations imposed by autocratic rulers, the seeds for the development of strong legislatures can be planted during periods of non-democratic rule.The author presents a dynamic and well-argued model for the study of legislatures in post-colonial states, and argues for a more nuanced and historically-grounded analysis of institutional development in Africa and beyond.Esperanza Brizuela-Garcia is Associate Professor of History at Montclair State University. She specializes in modern intellectual history of Africa, historiography, World history and Philosophy of History. She is the co-author of African Histories: New Sources and New Techniques for Studying African Pasts (Pearson, 2011). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Staged: Show Trials, Political Theater, and the Aesthetics of Judgment (Columbia University Press, 2020), Minou Arjomand provides a startling account of the many intersections between theatre and trials in Germany and the United States from the 1930s to the 1960s.Through case studies of Hannah Arendt, Bertolt Brecht, and Edwin Piscator, Arjomand explores the use of trials as a theatrical form, as well as what theatre theory might tell us about political justice.In doing so, Arjomand demonstrates that calling a trail theatrical is not a criticism but merely a starting point. In considering what type of justice is possible in a trial, we must ask what theatrical conventions are being used, and to what ends. Arjomand’s book both allows us to see pivotal theatrical artists in a new light and poses profound questions about the nature of theatre itself.Andy Boyd  is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at andyjamesboyd@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recent calls for the defunding or abolition of police raise important questions about the legitimacy of state violence and the functions that police are supposed to serve. Criticism of the militarization of police, concerns about the rise of the private security industry, and the long-standing belief that policing should be controlled by municipal governments suggest that police should be civilians who defend the public interest, and that they should be accountable to the communities that they serve.In Violence Work: State Violence and the Limits of Police (Duke University Press, 2018), Micol Seigel exposes the mythical nature of the civilian/military, public/private, and local/national/international boundaries that supposedly delimit the legitimate sphere of policing in a liberal democratic society. Focusing on the employees of the Office of Public Safety, a branch of the State Department that provided technical assistance to police forces in developing countries from 1962 until it was closed amid controversy over its role in aiding despotic governments in 1974, Seigel follows their careers as these violence workers put their knowledge of counter-insurgency to use in US police forces, pursued opportunities working for private security firms protecting the oil industry in places like Alaska and Saudi Arabia, and worked alongside military officers in aid missions to Cold War hotspots in the Global South. As she follows the careers of the policemen, she demonstrates that civilian policing has been militarized from the beginning, that capitalist production relies on state violence to discipline workers and dispossess groups who stand in the way of resource extraction, and that violence workers are rarely accountable to the people they supposedly serve.Violence Work is critical reading for anyone who is interested in rethinking the functions that police should perform in a democratic society. It also weakens the legitimacy of state-sanctioned violence by calling commonly-held ideological distinctions into question. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robert Nichols, an associate professor of political theory at the University of Minnesota, has written an engaging and important examination of the clash between the western theoretical approaches to the idea of property and possession and the understanding of land property and possession held by indigenous peoples in a variety of societies settled by Anglophone colonizers. Theft Is Property!: Dispossession and Critical Theory (Duke University Press, 2019) pulls together or bridges intellectual traditions, bringing indigenous political thought into conversation with critical theory and Anglo social contract theory, centering on the different understandings of property, ownership, and possession.Nichols weaves together a variety of different ways of thinking about the questions of property and possession, examining the language that is applied to the concept of property and how this also defines our understanding of possession and dispossession as well as the dichotomous ideas of property and theft. He also traces the early modern concepts of property and contract and the contemporary legal arguments that have been made to claim land and property from indigenous peoples. Folded into these discussions is a richly delineated argument that lays out the tension inherent in the idea of property, and how this idea was transformed within the context of the European intellectual tradition, and how critical theory subsequently problematized property and possession.Theft is Property! explores the idea of recursive dispossession, which Nichols explains as the situation where “new proprietary relations are generated but under structural conditions that demand their simultaneous negation.” The exploration of this concept—through critical race theory, Marxism, and feminist theory—takes the reader on a journey focusing on the longstanding claims made by indigenous peoples in Australia, New Zealand, Canada, and the United States, and the counteractions and arguments made by Anglo-settler societies, which have generally left indigenous communities essentially dispossessed of both land and rights.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).  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law