New Books in Law

Katherine Franke’s ambitious new book challenges Americans to face our collective responsibility for ongoing racial inequality. Rather than fall back on what Franke calls a “palliative history” that emphasizes granting freedom and rights after the Civil War, Franke insists that Americans acknowledge the failure to provide any meaningful reparation to formerly enslaved people in the 1860s. That failure has ongoing structural effects today.The book replots this history through archival research on two post-war communities in which property ownership produced increased autonomy for freed people. Franke contrasts free and freed – and calls this the dangling ‘d’ the residue of enslavement. Using a myriad of primary documents from the Sea Islands of South Carolina and Davis Bend, Mississippi, Franke details the successes and failures of these communities as they governed and organized their land. Repair demonstrates how government officials recognized the need for reparations (a term they used) and repair in the form of land ownership – an approach later reversed by President Johnson.Repair: Redeeming the Promise of Abolition (Haymarket Books, 2020) reflects on these radical examples of 19th-century reparations in order to contribute to the modern call for reparations. For Franke, the atrocity of slavery is a festering national wound and the examples of history suggest ways in which we might funnel national wealth (though estate taxes) to a fund to empower black ownership and citizenship.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). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil (Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive and raise future citizens and laborers―became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination.By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state―and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most Americans have a limited understanding of the history of segregation in the United States. While many are taught that segregation was as an institution of social control that dominated Southern society, economics, and politics from the late nineteenth century to the middle of the twentieth century, a much smaller proportion realize that Jim Crow policies and practices existed in cities throughout the north and west. In Strategies of Segregation: Race, Residence, and the Struggle for Educational Equality (University of California Press, 2018), David G. García makes a substantial contribution to the history of segregation in the US by examining its implementation and preservation in the city of Oxnard, California from 1903 to 1974. Located about an hour north of Los Angeles, García explains how the “white architects” of Oxnard instituted segregationist policies in housing and education during the initial decades of the twentieth century, which ultimately shaped life chances and outcomes for Mexican Americans. Although de jure segregation of ethnic Mexicans was not permitted in California schools, García uncovers four strategies implemented by local power brokers to accomplish just that.One of the unique features of segregation in Oxnard involved the “school-within-a-school model of racial separation” that was employed by city and district officials in three elementary campuses from 1903-1939. Blurring the distinction between de jure and de facto segregation, García argues that the “systematic subordination” of ethnic Mexicans in Oxnard was accomplished through daily acts of “mundane racism” at the individual and institutional level. Despite efforts to normalize their marginalization, Mexican Americans did not stand idle. Rather, partnering with African Americans in a “shared struggle” against the district’s segregationist policies, parents and community activists filed and won a class-action lawsuit (Soria v. Oxnard School Board of Trustees, 1974) that proved the school board was guilty of intentional de jure segregation and ordered immediate and affirmative remedies to achieve a racially balanced school system.David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Defence lawyers in adversarial legal systems are obligated to remain loyal to their clients, irrespective of the client or the crime. In such cases, lawyers are expected to manage inappropriate emotions to ensure conformity to the emotional regime of law, thereby making the job emotionally demanding. Lisa Flower from Lund University, Sweden, in her study titled “Emotional Defence Lawyers”, published in Brill’s Emotions: History, Culture, Society, analyzes how defence lawyers employ emotion management strategies to perform their duty of loyalty and how this plays a role in the construction of justice. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The fear of campus sexual assault has become an inextricable part of the college experience. Research has shown that by the time they graduate, as many as one in three women and almost one in six men will have been sexually assaulted. But why is sexual assault such a common feature of college life? And what can be done to prevent it? Drawing on the Sexual Health Initiative to Foster Transformation (SHIFT) at Columbia University, the most comprehensive study of sexual assault on a campus to date, Jennifer S. Hirsch and Shamus Khan present an entirely new framework that emphasizes sexual assault’s social roots—transcending current debates about consent, predators in a “hunting ground,” and the dangers of hooking up.Sexual Citizens: A Landmark Study of Sex, Power, and Assault on Campus (Norton, 2020) is based on years of research interviewing and observing college life—with students of different races, genders, sexual orientations, and socioeconomic backgrounds. Hirsch and Khan’s landmark study reveals the social ecosystem that makes sexual assault so predictable, explaining how physical spaces, alcohol, peer groups, and cultural norms influence young people’s experiences and interpretations of both sex and sexual assault. Through the powerful concepts of “sexual projects,” “sexual citizenship,” and “sexual geographies,” the authors offer a new and widely-accessible language for understanding the forces that shape young people’s sexual relationships. Empathetic, insightful, and far-ranging, Sexual Citizens transforms our understanding of sexual assault and offers a roadmap for how to address it.In this interview, Dr. Hirsch, Dr. Khan, and I discuss three concepts that are central to their argument regarding the prevalence and prevention of sexual assault: Sexual projects, sexual citizens, and sexual geographies. Hirsch and Khan argue that sexual assault is connected to features of the university setting (e.g., alcohol, Greek life), race, class, and gender, and (mis)understandings of sex and consent. Additionally, the authors go on to discuss their research methods and how schools, parents, administrators, and other members of the campus community can take active steps to address and prevent sexual assault on college campuses. I highly recommend this book for both a general audience and those with a scholarly interest in sexual violence and/or elite educational institutions. Sexual Citizens would be a great book for undergraduate or graduate courses related to gender, gender-based violence, sexual assault, and organizations.Jennifer S. Hirsch is a professor of sociomedical sciences at the Mailman School of Public Health at Columbia University, and codirects SHIFT, the Sexual Health Initiative to Foster Transformation, at Columbia University. Shamus Khan is a professor of sociology at Columbia University, where he is the chair of the department. He writes on culture, inequality, gender, and elites. He was a co-Principal Investigator of SHIFT, a multi-year study of sexual health and sexual violence at Columbia University.Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The right to decision making is important for all people. It allows us to choose how to we our lives – both on a daily basis, and also in terms of how we wish to express ourselves, to live in accordance with our values and desires.However, the right to make decisions has been, and continues to be, routinely denied to people with disabilities – sometimes by family members and carers, or by institutions and courts.In this conversation, Anna Arstein-Kerslake discusses situations where people with cognitive impairments are unjustifiably denied the right to make their own choices. She shares her own experiences to demonstrate how this unjustifiably and unnecessarily discriminates against people with disabilities.But it need not be this way; both in Restoring Voice to the People with Cognitive Disabilities (Cambridge University Press, 2017), and in this episode, Anna takes us through examples of how bringing greater equality for people with cognitive impairments can be of benefit to the entire community. Her book provides a roadmap for the future to bring greater equality for all.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

After the Second World War, an Australian diplomat was one of eight people to draft the U.N. Declaration of Human Rights. And in the years that followed, Australians of many different stripes—including activists fighting for Aboriginal rights and women’s rights, communists, and even anticommunists—invoked human rights in their respective political struggles. Yet, despite these Australians’ embrace of human rights, the Australian government didn’t sign the Declaration of Human Rights until 1972, and then it took even longer to ratify it.Australia’s ambiguous relationship with human rights is precisely what Jon Piccini untangles in his fascinating, deeply researched book, Human Rights in Twentieth-Century Australia (Cambridge University Press, 2019). By exploring these many different groups’ invocation of human rights, Piccini, a faculty member at the Australian Catholic University, is able to show how ideas and language can circulate even across ideological divisions. This book should be read by those interested in the global history of ideas and human rights, Australian political and social historians, along with those like me, who know little about Australia but would like to learn a lot more.Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity."– Stuart Hampshire, Justice is Conflict.There are many more examples of professional solidarity, however fragmented and tentative, sharing the link of a common ethic that helps make systems, and the analysis of them, possible in the larger political economy. Writing from a law professor’s vantage point, Katharina Pistor, in her new book, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton University Press, 2019) explains how even though law is a social good it has been harnessed as a private commodity over time that creates private wealth, and plays a significant role in the increasing disparity of financial outcomes.As she points out in this interview, and her chapter ‘Masters of the Code’, it is ‘critical to have lawyers in the room’, and they clearly have the lead role in her well-researched and nuanced thesis centered on the decentralized institution of private law. Professor Pistor builds on Rudden’s ‘feudal calculus’ providing the long view of legal systems in maintaining and creating wealth and draws on historical analogies including the enclosure movements as she interweaves her analysis of capital asset creation with a broader critique of professional and institutional agency. Polanyi and Piketty figure into Pistor’s analysis among many others, as does the help of the state’s coercive backing as she draws on the breadth of her own governance research and analysis of the collapsed socialist regimes in the 1990s, and a research pivot toward western market economies following the 2008 Global Financial Crisis.Professor Pistor is a comparative scholar with a keen interdisciplinary eye for the relationship between law, values, and markets, dovetailing larger concepts with detailed descriptions of the coding of ‘stocks, bonds, ideas, and even expectations—assets that exist only in law.’ All of which informs her inquiry into why some legal systems have been more accommodating to capital’s coding cravings and others less so, as she describes the process by which capital is created. She moves beyond legal realism’s less granular critiques, and as reviewers such as Samuel Moyn have suggested – this book ‘deserves to be the essential text of any movement today that concerns itself with law and political economy’.Katharina Pistor is the Edwin B. Parker Professor of Comparative Law, and the Director of the Center on Global Legal Transformation at Columbia Law School.Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Paradox is a sophisticated kind of magic trick. A magician's purpose is to create the appearance of impossibility, to pull a rabbit from an empty hat. Yet paradox doesn't require tangibles, like rabbits or hats. Paradox works in the abstract, with words and concepts and symbols, to create the illusion of contradiction. There are no contradictions in reality, but there can appear to be. In Sleight of Mind: 75 Ingenious Paradoxes in Mathematics, Physics, and Philosophy (MIT Press, 2020), Matt Cook and a few collaborators dive deeply into more than 75 paradoxes in mathematics, physics, philosophy, and the social sciences. As each paradox is discussed and resolved, Cook helps readers discover the meaning of knowledge and the proper formation of concepts―and how reason can dispel the illusion of contradiction.The journey begins with “a most ingenious paradox” from Gilbert and Sullivan's Pirates of Penzance. Readers will then travel from Ancient Greece to cutting-edge laboratories, encounter infinity and its different sizes, and discover mathematical impossibilities inherent in elections. They will tackle conundrums in probability, induction, geometry, and game theory; perform “supertasks”; build apparent perpetual motion machines; meet twins living in different millennia; explore the strange quantum world―and much more. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts’ new book Censored: Distraction and Diversion Inside China’s Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet.She identifies 3 types of censorship: fear (threatening punishment to deter the spread or access of information); friction (increasing the time or money necessary to access information); and flooding (publishing information to distract, confuse, or dilute). Roberts shows how China customizes repression by using friction and flooding (censorship that is porous) to deter the majority of citizens whose busy schedules and general lack of interest in politics make it difficult to spend extra time and money accessing information. Highly motivated elites (e.g. journalists, activists) who are willing to spend the extra time and money to overcome the boundaries of both friction and flooding meanwhile may face fear and punishment. The two groups end up with very different information – complicating political coordination between the majority and elites.Roberts’s highly accessible book negotiates two extreme positions (the internet will bring government accountability v. extreme censorship) to provide a more nuanced understanding of digital politics, the politics of repression, and political communication. Even if there is better information available, governments can create friction on distribution or flood the internet with propaganda. Looking at how China manages censorship provides insights not only for other authoritarian governments but also democratic governments. Liberal democracies might not use fear but they can affect access and availability – and they may find themselves (as the United States did in the 2016 presidential election) subject to flooding from external sources. The podcast includes Roberts’ insights on how the Chinese censored information on COVID-19 and the effect that had on the public.Foreign Affairs named Censored one of its Best Books of 2018 and it was also honored with the Goldsmith Award and the Best Book in Human Rights Section and Information Technology and Politics section of the American Political Science Association.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). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law