New Books in Law

In Creating the Law: State Supreme Court Opinions and The Effect of Audiences (Routledge, 2019), Michael Romano and Todd Curry examine whether judges tailor their language in order to avoid retribution during their retention elections. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry examine the connection between retention incentives and legal language choices. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to appeal to diverse audiences that may be paying attention.Michael Romano is an assistant professor of political science at Shenandoah University; Todd Curry is an associate professor of political science at the University of Texas, El Paso. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The First Amendment and a strong Fourth Estate are essential to a healthy democracy. David McCraw spends his days making sure that journalists can do their work in the United States and around the world. This includes responding to libel suits and legal threats, reviewing stories that are likely to be the subject of a lawsuit, helping reporters who run into trouble abroad, filing Freedom of Information Act requests, and much more. Today we talk to McCraw, the Deputy General Counsel of the New York Times and author of Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts (All Points Books, 2019).Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We Americans are defined by our Constitution and we cherish especially the First and Second Amendments. But like all texts, the Constitution can be read to empower and protect our individual rights, but it can also be used selectively, self-servingly, and in bad faith. And the Constitution guarantees two things: our own personal liberties, unfettered by threats from the government, and equal treatment before the law. So is online harassment, assault weapons in every hand, and hate speech the price we all pay for the freedoms we enjoy? Or is is the price that certain people pay and others don't?Professor Mary Anne Franks, author of The Cult of the Constitution (Stanford University Press, 2019) is an expert on the First and Second Amendments and the author of several legislative bills that now govern the nonconsensual pictures of intimacy distributed online (also called "revenge porn"). She asks whether our country's faith and belief in the Constitution amounts to something like a cult, where unquestioning belief is expected of the many while a small elite decides which rights matter to whom, and who has to pay the price for other people's liberty. Professor Franks maintains that our commitment to the rule of law is now more important than even before, and that such a commitment requires a critical and intelligent reading of the Constitution, rather than blind faith.We also discussed why so many white men claim that they are victims of censorship and free speech suppression when internet platforms decline to host them, and why this argument of who is more oppressed ends up evading the tougher questions of how the Amendments work in the real world. Are disputes over the Amendments really solved with more guns, more speech, more internet? Or are there better ways of countering real-world violence, harassment, inequality, and threats?Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It" Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of Talking Legal History, Siobhan talks with William P. Hustwit about his book Integration Now: Alexander v. Holmes and the End of Jim Crow Education (UNC Press, 2019). Hustwit is the Associate Professor of History and Chair of the History Department at Birmingham-Southern College. Fifty years after the Supreme Court decision, Integration Now explores how studying the case Alexander v. Holmes (1969) enhances understandings of the history underlying school desegregation. This episode is part of a series featuring legal history works from UNC Press.Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools.Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington.Support for the production of this series was provided by the Versatile Humanists at Duke program.Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to S. Deborah Kang about her book The INS on the Line: Making Immigration Law on the US-Mexico Border, 1917-1954, published by Oxford University Press in 2017. The INS on the Line explores the history behind Immigration and Naturalization Service throughout the 20th Century, interrogating how this agency was critical to the creation and re-creation of immigration law during this time period. Kang shows that the INS did not just think of itself as a law enforcement agency, but through numerous legal innovations and interpretations, embraced an identity as a lawmaking body responsible for balancing the money competing interests in local, regional, and national geographies.S. Deborah Kang is an Associate Professor of history at California State University San Marcos. She is currently studing the relationship between law and society on both the United States’ southern and northern borders.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Can justice heal? Must there be justice in order to heal? Is there such a thing as justice, something to be striven for regardless of context?Alexander L. Hinton thinks through these questions in a pair of new books. The two are companion pieces, each using Cambodia in a different way as a lens through which to look at the notion of transitional justice. In The Justice Facade: Trials of Transition in Cambodia (Oxford University Press, 2018), he argues there is something deeply mistaken in the way thinkers and practitioners have imagined and employed transitional justice in the past half-century. Justice, Hinton argues, is much more deeply embedded in localities and particularity than conventional notions of transitional justice allow. Rather than striving toward a universal notion of justice, what is needed is a deeply rooted sense of the way local actors, organizations and values understand and respond to calls for justice. Transitional justice requires a thorough understanding of local societies, of the way that global and local institutions intersect and interact.In Man or Monster?: The Trial of a Khmer Rouge Torturer (Duke University Press, 2016), Hinton turns his eye toward a more granular question of justice. Hinton witnessed most of the trial of Duch, the Khmer Rouge commander of the S-21 prison. The book takes us through the trial day by day, carefully observing not just the words spoken, but the manner and responses of witnesses and judges. In doing so, Hinton asks us to wonder how we should understand someone like Duch, someone who oversaw the murder of thousands of people yet presented himself as trapped by orders and by context. Using the words of the prosecutor and defense attorneys, he wonders whether we should better understand Duch as a man or as a monster, and asks what it would mean if we accepted his essential humanity.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

As you may know, university presses publish a lot of good books. In fact, they publish thousands of them every year. They are different from most trade books in that most of them are what you might called "fundamental research." Their authors--dedicated researchers one and all--provide the scholarly stuff upon which many non-fiction trade books are based. So when you are reading, say, a popular history, you are often reading UP books at one remove. Of course, some UP books are also bestsellers, and they are all well written (and, I should say, thoroughly vetted thanks to the peer review system), but the greatest contribution of UPs is to provide a base of fundamental research to the public. And they do a great job of it.How do they do it? Today I talked to Kathryn Conrad, the president of the Association of University Presses, about the work of UPs, the challenges they face, and some terrific new directions they are going. We also talked about why, if you have a scholarly book in progress, you should talk to UP editors early and often. And she explains how! Listen in.Marshall Poe is the editor of the New Books Network. He can be reached at marshallpoe@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Founded in 1919 along with the League of Nations, the International Labour Organization (ILO) establishes labor standards and produces knowledge about the world of work, serving as a forum for nations, unions, and employer associations. Before WWII, it focused on enhancing conditions for male industrial workers in Western, often imperial, economies, while restricting the circumstances of women's labors. Over time, the ILO embraced non-discrimination and equal treatment. It now promotes fair globalization, standardized employment and decent work for women in the developing world. In Making the Woman Worker: Precarious Labor and the Fight for Global Standards, 1919-2019 (Oxford University Press, 2019), Eileen Boris illuminates the ILO's transformation in the context of the long fight for social justice.Boris analyzes three ways in which the ILO has classified the division of labor: between women and men from 1919 to 1958; between women in the global south and the west from 1955 to 1996; and between the earning and care needs of all workers from 1990s to today. Before 1945, the ILO focused on distinguishing feminized labor from male workers, whom the organization prioritized. But when the world needed more women workers, the ILO (a UN agency after WWII) highlighted the global differences in women's work, began to combat sexism in the workplace, and declared care work essential to women's labor participation. Today, the ILO enters its second century with a mission to protect the interests of all workers in the face of increasingly globalized supply chains, the digitization of homework, and cross-border labor trafficking.Eileen Boris is the Hull Professor and Chair of the Department of Feminist Studies at the University of California, Santa Barbara, where she directs the Center for Research on Women and Social Justice.Beth A. English is director of the Liechtenstein Institute’s Project on Gender in the Global Community at Princeton University. She also is a past president of the Southern Labor History Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

While monarchs throughout history used their power to make laws as a tool for governing their realms, rarely did they undertake the long and detailed work of drawing up an entire legal code. One of the few who did so was the Castilian king Alfonso X, and as Joseph F. O'Callaghan explains in his book Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile (Cornell University Press, 2019) this legal code provides insights into both his reign and the larger issues facing his kingdom in the Middle Ages. As O’Callaghan details, many of its provisions were drawn up in response to the problems Alfonso dealt with as king, and the laws that formed the code reflected his means for addressing them. Yet this was just one factor shaping a comprehensive civil and criminal code that covered everything for the responsibilities of the crown to the legal processes available to his subjects. While the code reflected the many concerns of Alfonso’s age O’Callaghan demonstrates how its legacy is still felt today, as jurists and legal scholars on three continents continue to draw upon its precedents in shaping their analyses. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position.By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912.W. Caleb McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty: A True Story of Slavery and Restitution in America (Oxford University Press, 2019) is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place.Adam X. McNeil is a History PhD student at Rutgers University-New Brunswick. McNeil also regularly contributes to Black Perspectives and The Junto. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law