New Books in Law

We recently marked the 50th Anniversary of Terry vs. Ohio, the US Supreme Court case that dramatically expanded the scope under which agents of the state could stop people and search them. Taking advantage of a North Carolina law that required the collection of demographic data on those detained by the police during routine traffic stops, Frank Baumgartner and his colleagues analyzed twenty million such stops from 2002-2016. They present the results of this research in Suspect Citizens: What 20 Million Traffic Stops Tell Us about Policing and Race (Cambridge University Press, 2018). Join us as we speak with Baumgartner about what they found—and what we can do to reduce the most discriminatory features of the practice. Stephen Pimpare is Senior Lecturer in the Politics and 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 University Press, 2017).   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

If you look at the history of punishment (at least in the West), what you’ll see is that we’ve gone from a penal regime that used (inter alia) physical violence—whipping, beating, branding, amputation, and killing—to one that uses confinement. It is a mark of our “civility” that we no longer “hurt” people to get them to do what we want; instead, we put them in jails and prisons. We sentence them to “do time,” that time being a period of confinement away from, well, pretty much everybody. In her thought-provoking book Sentencing in Time (Amherst College Press, 2017), Linda Ross Meyer examines “doing time.” What, she asks, does it really mean to “do time” and does “doing time” really do what we say it does? Her answers are, to say the least, disturbing. “Doing time” means being sentenced to meaninglessness (something humans don’t like at all) and, no, it really doesn’t do much good at all beyond removing potential malefactors from our midst for a period of time—no “reforming” is really accomplished. Her conclusion: the current penal regime, insofar as it is inhumane and ineffective, is badly broken. By the way, this is an open-access book. You can get it for free here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The contemporary moment has brought to the forefront the question of what constitutes an American citizen. The legal question in popular understanding stems from the Fourteenth Amendment and its use of birthright citizenship as a central identifier of what makes a citizen. In Dr. Martha S. Jones’ newest book, Birthright Citizens: A History of Race and Rights in Antebellum America (Cambridge University Press, 2018) skillfully demonstrates that by the time the amendment was passed, Black Baltimoreans had already personally conceived of themselves as birthright citizens because of their lived experiences in the antebellum era. By using the country’s largest free Black population as a proxy to discuss the performance of citizenship by Black Baltimoreans, Dr. Jones re-conceptualizes our understanding of what the politics of belonging meant for this very important antebellum Black community. Adam McNeil is a PhD student in History, African American Public Humanities Initiative and Colored Conventions Project Fellow at the University of Delaware. He can be reached on Twitter @CulturedModesty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Personal health information often seems locked-down: protected by patient privacy laws, encased in electronic record systems (EHRs) and difficult to share or transport by and between physicians and hospitals. But as Adam Tanner argues in his latest book, Our Bodies, Our Data: How Companies Make Billions Selling Our Medical Records (Beacon Press, 2017), our medical information is anything but static. He describes a vast and growing industry of trade in patient data, emanating from EHRs to pharmacy and drug company sales records. These data – ostensibly stripped of identifying information – are sold and bought largely to help medical and pharmaceutical companies better market their products (as well as for some research). Tanner asks, are these data completely safe? Could they be re-identified and threaten patient privacy? How might this trade in data impact patient care and physician practice? While consumer data breaches plague other industries, Tanner urges us as consumers, medical practitioners and society to have a much-needed and informed conversation about this largely hidden circulation of health information. His book is a great start. Adam Tanner is a journalist, former foreign correspondent and leading expert on privacy and commercialization of personal data. His first book is entitled What Stays in Vegas: the World of Personal Data – Lifeblood of Big Businesses – and the End of Privacy as We Know It (Public Affairs, 2014). Currently, he is an associate at the Institute for Quantitative Social Science at Harvard University. Learn more about his work on his website Adamtanner.news and follow him on Twitter @DataCurtain Dana Greenfield, MD PhD is a resident physician in Pediatrics at the University of California, San Francisco. She completed her PhD in Medical Anthropology from UCSF/UC Berkeley in 2015 and MD at UCSF in 2018. Reach her at dana.greenfield@ucsf.edu or on Twitter @DanaGfield.   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Several years on from the death of Antonin Scalia, what is his legacy? What did he leave the Supreme Court and jurisprudence? In The Justice of Contradictions: Antonin Scalia and the Politics of Disruption (Yale University Press, 2018), Rick Hasen takes up the large task of answering parts of this question. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. Scalia was funny and rude and innovative. Scalia was disrupter on the court, as the book’s subtitle suggestions. Much of Hasen’s book wrestles with Scalia’s favored ways of interpreting the law, textualism and originalism. Hasen shows the impact of the turn to these approaches, both in specific court rulings, but also in the wider impact on other jurists. Hasen argues that Scalia’s legacy will be protected by the large numbers of lawyers and newly appointed judges who adopted his approaches, including the newest justice, Neil Gorsuch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who benefits from mass incarceration in the U.S.? In her new book Inside Private Prisons: An American Dilemma in the Age of Mass Incarceration (Columbia University Press, 2017), Lauren-Brooke Eisen explain how, when and why the for-profit prison system emerged, the ways in which it functions throughout the criminal justice system today, and what we might do to improve it. Stephen Pimpare is Senior Lecturer in the Politics and 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 University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ramon Harvey‘s new book The Qur’an and the Just Society (Edinburgh University Press, 2017) tackles a topic as big and meaningful as the title of the book suggests. What is justice? What words does the Qur’an use to explore the meaning of justice? How did the social context of the Qur’an exist in its time as compared with later time periods? To what extent does the Qur’an give specific guidance for realizing justice, and to what extent does it give more general principles? Dr. Harvey treats these questions and others as he guides the reader through his erudite yet accessible and clearly organized monograph. He draws smoothly from numerous modern and premodern thinkers and engages closely with the Qur’anic text throughout the book; the extensive glossary also aids in the reader in making sense of the material. Given the broad relevance of justice in the Qur’an to any number of fields, the book should interest not only Islamicists and Qur’anic studies scholars, but also political scientists, scholars of exegesis more broadly, and even a general audience. Elliott Bazzano is Assistant Professor of Religious Studies at Le Moyne College. His research and teaching interests include theory and methodology in the study of religion, Islamic studies, Quranic studies, mysticism, religion and media, and religion and drugs. His academic publications are available here. He can be reached at (bazzanea@lemoyne.edu). Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The sit-in movement that swept the Southern states in 1960 was one of the iconic moments of the post-World War II civil rights movement. Yet the images of students patiently sitting at “whites-only” lunch counters conveys only one facet of a complex series of events. In The Sit-Ins: Protest and Legal Change in the Civil Rights Era (University of Chicago Press, 2018), Christopher W. Schmidt chronicles the movement and its impact on the political and legal struggle for civil rights for African Americans. As Schmidt explains, prior to the sit-ins the main civil rights organizations were fighting segregation primarily through the courts. The incremental pace of change frustrated younger activists, with four students at North Carolina A&T ultimately deciding to fight segregation through direct protest. Yet the lunch counter protests they inspired were viewed with considerable ambivalence by the civil rights leadership, who were doubtful that the counters could be compelled to accept black patrons under existing law. Their uncertainly was reflected on the Supreme Court, where the justices’ division on the legality of segregation in privately-run facilities ultimately left the matter to be resolved by Congress in the 1964 Civil Rights Act. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1962 Richard Nixon suffered a humiliating defeat in the California gubernatorial election, one that led him to declare an end to his career in politics. What followed was one of the most remarkable political comebacks in American history, one chronicled by Victor Li in his book Nixon in New York: How Wall Street Helped Richard Nixon Win the White House (Fairleigh Dickinson University Press, 2018). It began with Nixon’s move to New York immediately after his defeat, one that Li notes placed him in the economic and media capital of the nation. He soon became a partner at a longtime Wall Street law firm, for which the political contacts he developed during his time in public office garnered considerable business. Yet Nixon remained involved in politics, working behind the scenes at the 1964 Republican convention and campaigning for Republican candidates throughout 1965 and 1966. As Li demonstrates, Nixon’s work at the firm not only earned him a sizable income, but it also provided him with key staffers for his successful 1968 presidential campaign and even an opportunity to test out some of the issues on which he would run. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The recent Supreme Court Masterpiece Cakeshop ruling showed the on-going debate between religious conservatives and advocates of LGBTQ rights. Much of this debate has been about the definition of religious freedom and how to balance religious rights against other important individual rights. This is the topic of the new book The Rhetoric of Religious Freedom in the United States (Lexington Books, 2017). Eric Miller has brought together over a dozen scholars to consider the language used to argue over these rights claims. Chapters focus on everything from Conservative Evangelicals to environmental policy to Fundamentalists response to Donald Trump. Eric C. Miller is assistant professor of communication studies at Bloomsburg University of Pennsylvania. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law