New Books in Law

School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court’s Brown v. Board of Education decision.In Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement (NewSouth Books, 2020), Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and poverty today. Suitts deftly reveals the risk that America and its underprivileged youth face as school voucher programs funnel public funds into predominantly white and often wealthy private schools and charter schoolsStephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The State of Indiana denies one million applications for healthcare, foodstamps and cash benefits in three years―because a new computer system interprets any mistake as “failure to cooperate.” In Los Angeles, an algorithm calculates the comparative vulnerability of tens of thousands of homeless people in order to prioritize them for an inadequate pool of housing resources. In Pittsburgh, a child welfare agency uses a statistical model to try to predict which children might be future victims of abuse or neglect.Since the dawn of the digital age, decision-making in finance, employment, politics, health and human services has undergone revolutionary change. Today, automated systems―rather than humans―control which neighborhoods get policed, which families attain needed resources, and who is investigated for fraud. While we all live under this new regime of data, the most invasive and punitive systems are aimed at the poor.In Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (St. Martin's, 2018), Virginia Eubanks systematically investigates the impacts of data mining, policy algorithms, and predictive risk models on poor and working-class people in America. The book is full of heart-wrenching and eye-opening stories, from a woman in Indiana whose benefits are literally cut off as she lays dying to a family in Pennsylvania in daily fear of losing their daughter because they fit a certain statistical profile.The U.S. has always used its most cutting-edge science and technology to contain, investigate, discipline and punish the destitute. Like the county poorhouse and scientific charity before them, digital tracking and automated decision-making hide poverty from the middle-class public and give the nation the ethical distance it needs to make inhumane choices: which families get food and which starve, who has housing and who remains homeless, and which families are broken up by the state. In the process, they weaken democracy and betray our most cherished national values.This deeply researched and passionate book could not be more timely.John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eric Lomazoff has written a kind of detective novel about the national bank controversy during the early years of the new republic. Lomazoff poses, in the introduction, and at the start of each chapter, the general understanding that many scholars and citizens have about the bank controversy itself and the constitutional decision in McCulloch vs. Maryland. And Lomazoff notes that these contours are generally accurate but that they elide significant components of the controversy that is actually spread out over an extended period of time. Given this more extensive time frame, Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic (University of Chicago Press, 2018) does exactly what the title promises, in compiling different aspects of our understanding of the controversy, and integrating key shifts in the political and economic landscape that also changed parts of the actual controversy itself. Lomazoff takes the reader through the general understanding of the National Bank controversy, untangling different threads of the argument and the changing political and economic dynamics in the United States. Because the bank controversy is often collapsed into the debate over either a strict or broad interpretation of the Necessary and Proper clause of the Constitution, many aspects of American political development are generally pushed into the background—these ignored or obscured aspects of the controversy are the focus of Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic, and rightly so, since they trace a deeper and more complex understanding of changing monetary policy, banking regulation, and congressional and executive fiscal power in the new republic. This is an action-packed discussion of the general understanding of the early American Republic, and the real controversy around the establishment of the national bank.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 author of The Politics of Military Base Closings: Not in My District (Peter Lang Publishers, 2003). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robin Pickering-Iazzi’s Dead Silent: Life Stories of Girls and Women Killed by the Italian Mafias, 1878-2018 is the first history of its kind in English. An open access ebook, this study literally “unburies” the identities of over two-hundred girls and women who lived in Italy between 1878 and 2018, and were killed by members of the organized crime from different regions of Italy, including the camorra (Naples), Cosa Nostra (Sicily), ’ndrangheta (Calabria), and the United Sacred Crown (Puglia). By providing their background, the circumstances of their deaths, and the often unsatisfactory (if any) legal conclusions of their stories, this impressive counter-archive of the past raises several related questions on the women of Dead Silent. Some played a role within the clan, others were simply mafiosis’ daughters or wives, many had no relationship at all with the mafia and were killed accidentally, others were kidnapped for a ransom, and, finally, some were well known antimafia judges or journalists. How are the women’s individual stories related, as a whole, to the collective issue of the mafia in their communities? How do they become “bodies of evidence” and connect with the “history of the Italian nation”? In which ways does the form of the catalog, which Dead Silent adopts, replace the lack of commemoration and justice? But the most important issue that emerges concerns the study’s open access format: In addition to the broader circulation and availability (and the resulting security issues), what are the other positive effects that open-access can inherently produce? How does this format assert the scholar’s freedom and responsibility in the larger society?Nicoletta Marini-Maio is co-founder and editor of g/s/i-gender/sexuality/italy. Recent scholarly publications center on Italian cinema, particularly the intersections between politics, gender power relations, and collective memory; and auteur cinema. Her current book project is La nazione Winx: coltivare la future consumista/Winx Nation: Grooming the Future Female Consumer, a collaboration with Ellen Nerenberg (forthcoming, Rubbettino, Italy). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law and Self-Knowledge in the Talmud (Cambridge UP, 2018) examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffman Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information, a process that included the rabbis’ willingness to limit their own power.Hoffman examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.Renee Garfinkel is a clinical psychologist, writer, and Middle East commentator for The Armstrong Williams Show. Write her at r.garfinkel@yahoo.com or tweet @embracingwisdom Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2015, University of Toronto professor Julie MacArthur decided to follow a couple more leads in the search for the long-missing, feared-lost transcript of the trial of legendary Mau Mau leader Dedan KImathi. She found herself amidst the papers of an anti-colonial London lawyer Ralph Millner who assisted the august barrister Dingle Foot in defending Kimathi before the Court of Appeals in colonial Kenya. There she found the full file of not only the appellate case, but the original trial as well, transcripts, exhibits, and police reports.The file showed that a dubious file of the trial transcript in the Kenyan National Archives to be a forgery, but its discovery prompted the release of further files in Kenya. This momentous discovery not only sheds light on this key figure in Kenyan history, and the trauma and the Mau Mau rebellion, but also unstable nature of archives and historical memory. Dedan Kimathi on Trial: Colonial Justice and Popular Memory in Kenya’s Mau Mau Rebellion (Ohio University Press, 2017) not only reproduces the entire trial transcript, in all its original discordant glory, but a set of insightful essays by major scholars of Kenyan history and literary culture, including David Anderson, John Lonsdale, Nicholas Kariuki Githuku, Simon Gikandi, and Lotte Hughes. Her own introduction and a forward by Ngugi wa Thiong’o and Micere Githae Mugo provide a helpful framework for considering the meaning of this important artifact of Africa’s colonial interlude. For anyone in Kenya in February 2020, you can catch the launch of her book at the Dedan Kimathi University of Technology in Nyeri on February 18 and at the United States International Univeristy of Africa in Nairobi on February 21. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility.The book I’m looking at today is Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others Are Demanding Their Rightful Place in Public Life, by Jay Wexler. In it, he travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.A Professor at Boston University School of Law, Jay Wexler is also a humorist, short story writer, and novelist. A one-time clerk to Justice Ruth Bader Ginsburg and former lawyer at the US Department of Justice, he has written for National Geographic, The Boston Globe, McSweeney's Internet Tendency, Salon, and many other outlets. His non-fiction books include When God Isn't Green (2016) , The Odd Clauses (2011), and Holy Hullabaloos (2009). He joins me today, to talk about Our Non-Christian Nation.Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book Broke: Hardship and Resilience in a City of Broken Promise (St. Martin's Press, 2019), Jodie Adams Kirshner tells the story of the people of Detroit before, during, and after its bankruptcy, offering lessons about urban governance, post-industrial economics, development, and the usefulness of bankruptcy itself as a tool to aid U.S. cities. Join us to hear the fascinating, infuriating, and heartbreaking stories of Detroiters struggling to build better lives for themselves and their neighborhoods.Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On this episode of the New Books Network, Dr. Lee Pierce (she/they)--Asst. Prof. of Rhetoric and Communication at the State University of New York at Geneseo--interviews Dr. Kate Lockwood Harris (she/they)--Department of Communication Studies at the University of Minnesota -on the courageous new book Beyond the Rapist: Title IX and Sexual Violence on US Campuses (Oxford University Press, 2019).Beyond the Rapists asks how and to what end scholars of communication and the public at large might look “beyond the rapist”--beyond the individuals who perpetuate violence and toward the organizations through whom violence is authorized and distributed. Dr. Lockwood Harris makes the provocative claim that organizations communicate differently but no less impactfully than direct action and advocates for a new perspective on what it means for an organization to do violence along raced and gendered lines in today’s higher education climate. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michael Bobelian has written a history of the nomination of Abe Fortas to be Chief Justice of the U.S. Supreme Court in 1968. In Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court (Schaffner, 2019), he reminds us of the intense political battle over Lyndon Johnson’s legacy nomination of then-associate justice Abe Fortas to the chief justiceship. Bobelian’s account, relying upon a wealth of archival materials, including primary sources from presidential libraries, Senate hearings, and interviews, recreates the political world of Washington, D.C. in the 1960s, during the height of the Warren Court’s influence. Bobelian assesses the motives for various actors, such as segregationist Strom Thurmond, moderate Robert Griffin, and liberals Abe Fortas and Earl Warren, in their roles in the nomination process. He makes the argument that the politicization of the nomination process did not begin with Robert Bork’s nomination in 1987, but truly began with the nomination of Fortas. Bobelian also considers the political and popular responses to the then-novel consistently activist Warren Court and how the Fortas nomination and the opposition to it were motivated by combinations of jurisprudential ideology, institutional prerogatives, and the dynamics of personal relationships.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law