New Books in Law

Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein's book Sexual Injustice (University of North Carolina Press, 2013) examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality. 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, The Second Creation: Fixing the American Constitution in the Founding Era (Harvard University Press, 2018), Jonathan Gienapp revisits the Founding Era to retell the story of America’s favorite document. Looking at the Constitution’s creation, Gienapp makes a compelling case for why we should reconceptualize just what this document meant to early Americans. By examining the debates which gripped Congress immediately following the ratification of the Constitution, and throughout the 1790s, Gienapp illustrates how the very meaning of the Constitution, both as an idea and a text, was forged through partisan politics. If most Americans think of the Constitution as a fixed document, Gienapp shows how “fixing” the Constitution turned it into a “fixed” document. The Second gives us a new starting point for how to interpret the constitutional politics of the Early Republic, and the enduring image of the Constitution to our own day.Jonathan Gienapp is an assistant professor in History at Stanford University. He is a scholar of the Revolutionary Era and Early Republic. He’s principally interested in these period’s political culture, constitutionalism, and intellectual history.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

Robert Louis Wilken, the William R. Kenan Professor Emeritus of the History of Christianity at the University of Virginia, has written an intellectual history of the ideas surrounding freedom of religion.  Liberty in the Things of God: The Christian Origins of Religious Freedom (Yale University Press, 2019) offers a revisionist history of how the ideas of freedom of conscience and freedom of religion originated in the writings of the Christian fathers of the early Church, such as Tertullian and Lactantius, during the period when Christians were a persecuted sect of the Roman Empire.  Wilken argues that it was not the political theorists of the Enlightenment who invented religious freedom in response to the wars of the Reformation, but rather the participants of the Reformation itself, including both Protestant and Catholic thinkers, who recovered ideas from the Roman-era Church fathers and used them to develop arguments about religious liberty for both individuals and faith communities.  Wilken demonstrates that the concerns about whether faith could ever be enforced by the sword were present from the beginnings of Christianity.  Wilken’s book helps inform our understanding of the origins of religious liberty, which is a concept of great import in contemporary debates about the meaning of the First Amendment’s Free Exercise and Establishment Clauses. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the intersections of race and ethnicity, borderlands studies, as well as the intersecting histories of citizenship, popular politics, national identity, emancipation, and labor. In the book, Dr. Miki explores the quandaries of citizenship in a multiracial society and challenges the idea that citizenship is an equally important and equally valued goal for everyone. The book not only demonstrates otherwise, but really helps the reader challenge these widely held assumptions in a compelling and grounded manner. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention.  In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell undertakes this critical analysis.  While there is a robust scientific consensus that there is no meaningful genetic basis for race, Russell’s analysis of the role of race in ARTs reveals that when it comes to producing kinship, race is still doing a great deal of work. Further, by arguing that race itself is a technology, Russell shows how race is both produced and productive, historically, as well as in everyday practices, techniques, and choices.  While this analysis focuses on what race does in the contemporary realm of ARTS, it illuminates the role of race, in the past and now, in constructing social reality. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States.  She portrays the witness in non-traditional genocide court trials as the moral compass.  In fact, many of these “moral witnesses” were not utilized for their testimony to identify perpetrators or mass murder, but rather a symbolic voice for survivor’s that would not normally be admissible in traditional legal proceedings.Dr. Dean is the Charles J. Still Professor of History and French at Yale University and is the author of several other books focused on morality and genocide.  The Moral Witness is part of the Cornell University Press’s series Corpus Juris: The Humanities in Politics and Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational sources, including a burgeoning migrant press, police records, passports, forged travel documents, memoirs, and diplomatic cables, Fahrenthold uncovers ethnic associations and transnational networks of migrants who sought to contribute to the betterment of their homeland. Between the Ottomans and the Entente shows how mahjar (diaspora) communities grappled with a series of enormous changes to their homeland from the Young Turk Revolution (1908), to the dissolution of the Ottoman Empire after World War I, and the imposition of the French Mandate in 1920. The book vividly illustrates the precarious position Syrians and Lebanese found themselves in as they occupied a fraught liminal space in Ottoman, French, and American law. Even so, Fahrenthold stresses the agency of the Syrian and Lebanese diaspora, which organized, petitioned, recruited soldiers for the Entente, and engaged in contentious debates over what a post-Ottoman Middle East should look like. Written in the midst of the horrific Syrian refugee crisis, as well as a rising tide of xenophobia and trenchant nationalism around the globe, Fahrenthold's exploration of migration, citizenship, repatriation, and an early American "Muslim ban" invite the reader to reflect on both past and present.Stacy Fahrenthold is an Assistant Professor of History at the University of California-Davis, where she teaches courses on global migration and modern Middle East history. She earned her PhD in History from Northeastern University and previously taught at the University of California-Stanislaus.Joshua Donovan is a PhD candidate at Columbia University's Department of History. His dissertation examines national and sectarian identity formation within the Greek Orthodox Christian community in Syria, Lebanon, and the diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today.LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus.Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. In her book, “Trash,” Censorship, and National Identity in Early Twentieth-Century Germany (Cambridge University Press, 2016), Kara Ritzheimer explains how both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany.Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (University of Chicago Press, 2019).Ben Merriman’s new book explores what he calls uncooperative federalism. He finds a deliberate conservative strategy to use the courts and state executive power to resist federal influence in state affairs. He focuses especially on Kansas and the activity of far-right conservatives in the state who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid.Merriman — a sociologist by training — is an assistant professor at the School of Public Affairs & Administration at the University of Kansas. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law