New Books in Law

In Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis (Stanford University Press, 2020), Toshihiro Higuchi presents a history of the 1963 Partial Test Ban Treaty, by which the then-nuclear powers, US, USSR, and UK, agreed to cease, among other things, the atmospheric testing of nuclear weapons, largely moving such tests underground (the Chinese and French continued atmospheric tests in subsequent decades). Higuchi examines the development of knowledge about nuclear fallout, the dissemination and often suppression (mostly by governments of the nuclear powers) of that knowledge during the eighteen years book-ended by the 1945 Trinity Test and the signing of the 1963 Treaty. Political Fallout also considers the legacy of the Partial Test Ban Treaty, which reduced fallout but was followed by an accelerated arms race and buildup of nuclear arsenals. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s right wing media has a long history that is largely unknown to its current listeners. In The Radio Right: How a Band of Broadcasters Took on the Federal Government and Built the Modern Conservative Movement (Oxford University Press, 2020), Paul Matzko details its emergence in the 1950s and the response to its rise by some of the leading political and religious institutions of the era.As Matzko explains, the origins of postwar conservative media lay in the broader changes taking place in broadcasting in 1950s. As the major networks shifted their focus from radio to television, local radio stations were eager to find programmers willing to pay to put programs on the air. This gave conservative religious broadcasters such as Carl McIntire and Billy James Hargis an opportunity to spread their message to a nationwide audience. Fearing the growing influence of commentators organizing against their policies, the Kennedy administration sought to use such means as the previously underdeveloped Fairness Doctrine to constrain it. Working in conjunction with the National Council of Churches, they placed growing pressure on the broadcasters – particularly the acerbic McIntire – in an ultimately successful effort to undermine their nationwide stature. Yet while McIntire’s radio ministry was gone by the early 1970s, his example was followed a decade later by others who took advantage of broadcast deregulation in the late 1970s and 1980s to launch the modern era of conservative broadcasting. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina.Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, Brandon K. Winford's John Hervey Wheeler, Black Banking, and the Economic Struggle for Civil Rights (University Press of Kentucky, 2019) explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from Morehouse College, Wheeler returned to Durham and began a decades-long career at Mechanics and Farmers (M&F) Bank. He started as a teller and rose to become bank president in 1952. In 1961, President Kennedy appointed Wheeler to the President's Committee on Equal Employment Opportunity, a position in which he championed equal rights for African Americans and worked with Vice President Johnson to draft civil rights legislation. One of the first blacks to attain a high position in the state's Democratic Party, Wheeler became the state party's treasurer in 1968, and then its financial director.Wheeler urged North Carolina's white financial advisors to steer the region toward the end of Jim Crow segregation for economic reasons. Straddling the line between confrontation and negotiation, Wheeler pushed for increased economic opportunity for African Americans while reminding the white South that its future was linked to the plight of black southerners.Today I talked to Brandon K. WinfordDr. Brandon K. Winford is an assistant professor of history at the University of Tennessee. He is a historian of the late-nineteenth and twentieth-century United States and African American history with areas of specialization in civil rights and black business history.Adam McNeil is a PhD Student in colonial and revolutionary-era Black women’s history. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In One Mighty and Irresistible Tide: The Epic Struggle Over American Immigration, 1924–1965 (W. W. Norton & Company, 2020), Jia Lynn Yang recounts the personalities and debates that brought about the 1965 Immigration and Nationality Act, which forms the foundation for modern U.S. immigration policy. Undoing the xenophobic national origins quotas enshrined in the 1924 Immigration Act required an epic, forty-year struggle against nativist concerns about the economy and national security, as well as racist and anti-Semitic impulses that continue to plague American society today.Drawing on key scholarly monographs as well as her own research in archives like the LBJ Presidential Library and the Library of Congress, Yang’s narrative is full of larger-than-life characters. Some, like Lyndon B. Johnson and John F. Kennedy, will be familiar with readers. Others, like Congressman Emmanuel Celler of New York and Japanese American Citizens League national secretary Mike Masaoka, are well-known but less well understood. By following their negotiations through the halls of Congress and the White House, Yang captures the contingency that shows how difficult and improbable immigration reform was to achieve. Yang concludes by issuing a call for immigrants and their descendants to “articulate a new vision for the current era, one that embraces rather than elides how far America has drifted from its European roots.”.Jia Lynn Yang is the deputy national editor at The New York Times.Ian Shin is assistant professor of History and American Culture 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

What do you think about these days when you hear the words, “Supreme Court?” Salacious news coverage of the confirmation hearings of Brett Kavanaugh? Gushing profiles of feminist icon Ruth Bader Ginsburg? High school and vaguely recalled lectures about cases the details of which you dutifully read (or didn’t and flunked the test on) like McCulloch v. Maryland or Marbury v. Madison?Or, in this age on the Coronavirus and the sudden need to determine as a citizen what the respective powers of governors and presidents are in times of crisis, are you suddenly aware that a grasp of seemingly arcane terms like “enumerated powers” is imperative for each and every one of us and not just constitutional scholars?Are you suddenly out of a job and thinking now of attending law school and are not sure you could master the material? Have you suddenly found yourself homeschooling a bright late adolescent in need of a text and an associated online resource about the key legal cases that have determined our destiny as a nation and affect virtually every aspect of our individual lives? Do you simply want a solid but approachable book that provides vignettes of crucial moments of American legal, social and political history? Want to know under what pretexts a local government can seize your house?Have I got the book and online study guide for you: An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (Wolter Kluwer, 2019) by Josh Blackman and Randy E. Barnett—published in 2019. Randy Barnett is one of the leading constitutional scholars of our time. He and his co-author Blackman have boiled down to a handy hundred what they believe are the cases that most matter—some of which are notorious (or what they term, “anti-canonical”). Let’s see if you agree with their picks. Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Consider a couple with an infant (or two) whose lives have become so harried and difficult the marriage is falling apart. Would it be ethical for them to take oxytocin to help them renew their emotional bonds, or would this be an unethical evasion of the hard work that keeping a marriage going requires? What if someone has sexual desires that they consider immoral – should they be able to take a drug to suppress those desires, or alternatively can society force them to? Debates about the ethics of using drugs for enhancement rather than treatment usually focus on the individual, such as doping in sports.In Love Drugs: The Chemical Future of Relationships (Stanford University Press, 2020), Brian Earp and Julian Savulescu consider the case for using drugs to alter our love relationships. Earp, who is Associate Director of the Yale-Hastings Program in Ethics and and Health Policy at Yale University, and Savulescu, the Uehiro Chair in Practical Ethics at the University of Oxford, note that drugs that alter sexual desire and attachment are already available, although are restricted or illegal. What is needed, they argue, is more research into the interpersonal effects of drugs, and more discussion of the ethics of their use for non-medical purposes. Let’s turn to a fascinating interview on a complex topic with no easy answers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sonali Chakravarti, Associate Professor of Political Science at Wesleyan University, has written a thoughtful analysis of the role of the jury in American democracy, with specific attention to the way that the jury experience can provide the structure for more substantive civic engagement. Part of the impetus for this study comes out of the more recent controversial decisions made by juries in a variety of high-profile cases in the United States. The research also evolved out of Chakravarti’s earlier work on the South African Truth and Reconciliation Commission and how citizens were incorporated into the process of transitional justice and engagement in democratic spaces.In Radical Enfranchisement in the Jury Room and Public Life (University of Chicago Press, 2020), Chakravarti argues that the jury room is an important democratic space that is generally ignored as an opportunity to engage citizens in active participation in and with the law. Because we generally are not trained or taught about the actual process we will encounter as jurors, outside of popular culture renderings, we rarely enter into the process with knowledge about either the law itself, or the role that juries can play in their decisions, not only with regard to the case in front of them but also in regard to the legitimacy of the laws themselves. Chakravarti follows up on Alexis de Tocqueville’s praise of the American jury system, while pushing beyond Tocqueville’s admiration to suggest that the jurors themselves can be radically enfranchised as citizens on the jury. Jurors can be better prepared to serve and thus can more fully engage this democratic space if they had more education about the process itself and their capacities inside the jury room. Chakravarti charts both the history of the jury process in the United States, and the various ways that juries have changed how they operate and behave within the parameters of the legal system. This is a fascinating examination of an often obscured but important democratic space.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

In his book Fatal Love: Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic (Stanford University Press 2016), Victor Uribe-Urán compares the cases of Spain, and the late-colonial societies of Mexico and Colombia, in a historical moment characterized by corporate patriarchy and enlightened punishment. Focusing on crimes of spousal murders, Uribe-Urán asks intriguing questions: who were the men and women that committed these crimes, and what were their reasons for doing so? How did the law, both royal and ecclesiastical, responded to such murders? In which instances did the monarch decide to forgive or show leniency, and when did justice opt for harsher punishment?In answering these questions, Uribe-Urán challenges some traditional notions of how honor is supposed to work in Iberian societies. Also, he contributes to a growing scholarship that demonstrates that far from being secluded in their homes, women in colonial Spanish America had active public lives. This book is a fascinating read for those interested in Atlantic history, and also, for those who want to understand the long history of domestic and gender violence. As Uribe-Urán tells us by the end, domestic violence is the most widespread human right’s violations today; histories of this phenomenon, widespread and pervasive, are necessary for our contemporary quest for truly making domestic violence the serious crime that it really is.Lisette Varón-Carvajal is a PhD student at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Hong Kong in 2019 was a city on fire. Anti-government protests, sparked by an ill-fated extradition bill sparked seven months of protest and civil unrest. Protestors clashed with police in the streets, in shopping malls, in residential buildings. Driven by Hong Kong’s young people with their ‘Be Water!’ strategy, the pro-democracy movement grew into a massive force, receiving support from all demographics – from the ‘silver-hairs’, to mothers, from healthcare workers, to journalists and bankers, the ongoing protests polarized the community and changed the urban city space, likely forever.In City on Fire: The Fight for Hong Kong (Scribe, 2020), Antony Dapiran builds on his previous work City of Protest. He explores the 2019 protest movement, how it has changed the city and what Hong Kong means for the world. Dapiran gets you as close to the action as you can be, without having to experience the direct effects of being tear-gassed. This is a must read for anyone interested Hong Kong, China, democracy and human rights. It is a lesson in policing, in protest, and the power of political mobilization. It is a page turner that is essential to understanding Hong Kong’s ‘revolution of our times.’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

In German law, a person strongly suspected of having committed a crime can be placed in pretrial detention; but a certain percentage of such people are ultimately acquitted.In this podcast, Dr. Jorg Kinzig, Director of the Institute of Criminology, University of Tubingen, discusses his explorations of why this is. What do acquittals entail? Does Germany need a system and policy change? Dr. Kinzig speaks based on his paper “The Acquittal (After Pretrial Detention)—a Rare but Fascinating Phenomenon of the Criminal Justice System”, published in Brill’s European Journal of Crime, Criminal Law, and Criminal Justice. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law