New Books in Law

Christy Ford Chapin, an associate professor of history at the University of Maryland, Baltimore County, has written a history of the funding of America’s health care system: Ensuring America’s Health: The Public Creation of the Corporate Health Care System (Cambridge University Press, 2015).  She begins with an account of the development of physicians’ practices in the mid-nineteenth century and traces the evolution of the American Medical Association’s role in shaping how physicians practiced medicine and how it was financed.  The advent of the insurance model for funding health care was a creation of the Progressive period and became dominant in the late 1930s, during the New Deal.  Chapin provides an account of the pitfalls of the insurance funding mechanism and recounts the battles between vested, competing interests, such as the AMA, independent physicians, corporate employers, labor unions, insurance companies (nonprofit and commercial), and the state and federal governments.  Each of these entities shaped the health care system we have today.  Chapin’s book helps explain how we got here and her critique of the insurance model suggests possible alternatives to our contemporary system of paying for health care. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her book, Ugly Prey: An Innocent Woman and the Death Sentence That Scandalized Jazz Age Chicago (Chicago Review Press, 2017), Emilie Le Beau Lucchesi presents the story of Sabella Nitti, an Italian immigrant arrested in 1923 an accused of murdering her husband. Sabella was found guilty and became the first woman in Chicago sentenced to hang. Through meticulous research into court documents and other public records, Lucchesi shares the riveting narrative of Sabella’s case. Situating Sabella in the 1920s, and looking at the ways in which this case shows how the legal system set up to defend her failed Sabella at every turn, Lucchesi’s book walks readers through the trial where there was no evidence and no witnesses, but reporters and the jury knew one thing for certain, Sabella must be guilty: she was ugly. Describing how the press, judges, and juries decided the guilt or innocence of women based on their looks, Lucchesi examines how Sabella’s fellow inmates such as Beulah and Belva were able to charm their juries into acquitting them. She examines the role of Helen Cirese, the young lawyer who lead Sabella’s appeal giving her a jailhouse makeover in order to be more credible. Told with deep description, Ugly Prey makes sure that the story of Sabella Nitti is not lost. Instead, it is one that shows how the present day American justice system is not dissimilar to the system of the past in the ways that gender, class, and ethnicity are impact how individuals are treated throughout the justice system. Rebekah Buchanan is an Associate Professor of English at Western Illinois University. Her work examines the role of narrative in peoples lives. She researches zines, zine writers and the influence of music subcultures and fandom on writers and narratives. You can find more about her on her website, follow her on Twitter @rj_buchanan or email her at rj-buchanan@wiu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A History of Infamy: Crime, Truth, and Justice in Mexico (University of California Press, 2017) explores the definitive changes that the justice system as well as criminal ideas and practices underwent during the 1920s-1950s. For his most recent book, Pablo Piccato investigated spaces, actors, and fictions that shaped the complicated relationship between crime, justice, and truth during the consolidation of the post-revolution Mexican state. Through a series of compelling arguments, the author shows how impunity, the lack of transparency in judicial processes, and infamy are related to a constant quest for truth and justice that the state could not provide to Mexicans.  From the abolition of the jury system in the 20s, to the emergence of crime fiction, the author shows that men and women, the press, detectives, policemen, and even murderers themselves, shaped both ideas and practices in regards to violence, law-breaking, and the normalization of injustice in the country. Pamela Fuentes is Assistant Professor in the Women’s and Gender Studies Department, Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States leads the world in incarceration. That’s a problem, especially the disproportionate impact of “mass incarceration” on low-income men of color. In their new book Start Here: A Roadmap to Reducing Mass Incarceration (The New Press, 2018), Greg Berman and Julian Adler take us though a series of concrete, practical, and practicable steps that we could take to radically reduce the number of people we incarcerate while, at the same time, making our communities healthier and safer. Listen in. 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

How does the juvenile justice system impact the lives of the young people that go through it? In her new book, Trapped in a Vice: The Consequences of Confinement for Young People (Rutgers University Press, 2018), Alexandra Cox uses interviews and ethnographic data to analyze the juvenile justice system and incarceration. While the book focuses specifically on New York’s justice system, the take-aways and Cox’s analyses are relevant for anyone interested in incarceration in general. Using the voices and experiences of those she interviews to articulate her findings, Cox points out that young people often suffer the most in systems of social inequality. She elaborates clearly on concepts and main take-aways through the book, from the idea that these young people are expected to mature within an institution, and how this impacts their development. Cox uses really powerful examples and pinpoints important concepts for us to think further about: the definition of worthiness (i.e. worthy of “saving”), being ungovernable (i.e. being uncontrollable), the idea of reformation systems as taking care of “other people’s children,” and the ethos of personal responsibly to youth who cannot even vote yet. The stories from the book show how it’s easy to get into trouble and very difficult to get out. This book will be enjoyed by Sociologists and Criminologists in general, but also by social workers, those working in the area of incarceration, in addition to anyone interested in developmental psychology within the context of incarceration. This book would be a great addition to any higher level undergraduate or entry level graduate course in criminology because of its clear organization and presentation of arguments. Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Children of Reunion: Vietnamese Adoptions and the Politics of Family Migrations (University of North Carolina Press, 2017), Allison Varzally documents the history of Vietnamese adoption in the United States during the second half of the twentieth century. Varzally adds to the growing literature on Southeast Asian Americans and on Asian international adoption by highlighting the distinctiveness of Vietnamese adoption for its liberal orientation and its expansive notion of kinship. Four chapters trace this history from its antiwar beginnings in the early Cold War; to Operation Babylift in 1975 and its controversial legal aftermath; to the federal legislation and social practices that shaped the “homecomings” of Amerasians in the 1980s; and, finally, to Vietnamese adoptees own attempts in the 1990s (and beyond) to find meaning in their journeys. Making ample use of oral history, Varzally tells stories that are both heart-rending and inspiring. They confirm that family formation was a central site of political contestation and protest in late twentieth-century America. Children of Reunion offers food for thought in contemporary debates over refugee resettlement and family reunification as a principle for immigration policymaking. Ian Shin is C3-Mellon Postdoctoral Fellow and Lecturer in the History Department at Bates College, where his teaching and research focus on the history of the U.S. in the world and Asian American history. He is currently completing a book manuscript on the politics of Chinese art collecting in the United States in the early 20th century. Ian welcomes listener questions and feedback at kshin@bates.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Amistad Rebellion is usually remembered as the only instance in which a US court sent re-captured slaves back to Africa. Yet as Sharla Fett shows in her new book Recaptured Africans: Surviving Slave Ships, Detention, and Dislocation in the Final Years of the Slave Trade (University of North Carolina Press, 2017), the Amistad case is not exactly unique. By using the stories of re-captured Africans in detention in places like Key West, Florida and Charleston, South Carolina, Dr. Fett examines how pro-slavery and abolitionist factions used re-captives to argue their respective cases. She also examines the lives of re-captured slaves sent to “back” to Liberia, a place they had never been. Adam McNeil is a soon-to-be PhD student and Colored Conventions Project Scholar at the University of Delaware. He received his M.A in History at Simmons College and B.S. in History at Florida A&M University. 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

Jonathan Daly is a professor of History at the University of Illinois at Chicago. His newest book Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin (Bloomsbury, 2018), provides a comprehensive overview of the development of the criminal justice system in Russia from the 1700s to the present. Rather than following the typical narrative of Russia being a backwards, Asiatic state that struggled to modernize, Daly begins the book noting that “Russia developed as one of the most successful states in human history.” He highlights the achievements of the Russian state, such as the 1649 Ulozhenie, (which was one of the most detailed and elaborate law codes devised in the early modern world), Empress Elizabeth’s curtailment of capital punishment, the 1864 judicial reform (in which Russia became the first non-Western country to establish an independent judiciary functioning largely according to Western best practices), early Bolshevik criminal justice for regular (as opposed to “political”) offenders aimed at a level of humaneness rare in the world in the early 1920s and post-Soviet Russia’s enormous efforts to develop law according to international best practices. At the same time he rightfully notes Russia’s reputation as a despotic power with a weak rule of law tradition and asks how these contradictions evolved within Russia’s criminal justice system. In seeking to answer this question, Daly focuses on the continuation of strong personal, informal factors in Russian governance and the Russian preference for the rule of authoritative persons rather than of law to unify the practices of three ideologically disparate regimes. Crime and Punishment in Russia provides a clear, concise, and informative historical look at the evolution of criminal justice in Russia. Samantha Lomb is an Assistant Professor at Vyatka State University in Kirov, Russia. Her research focuses on daily life, local politics and political participation in the Stalinist 1930s. Her book, Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the Draft 1936 Constitution, is now available online. Her research can be viewed here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As immigration from Mexico to the United States grew through the 1970s and 1980s, the Border Patrol, police, and other state agents exerted increasing violence against ethnic Mexicans in San Diego’s volatile border region. In response, many San Diego activists rallied around the leadership of the small-scale print shop owner Herman Baca in the Chicano movement to empower Mexican Americans through Chicano self-determination. The combination of increasing repression and Chicano activism gradually produced a new conception of ethnic and racial community that included both established Mexican Americans and new Mexican immigrants. In Raza Si, Migra No: Chicano Movement Struggles for Immigrant Rights in San Diego (University of North Carolina Press, 2017), Jimmy Patino narrates the rise of this Chicano/Mexicano consciousness and the dawning awareness that Mexican Americans and Mexicans would have to work together to fight border enforcement policies that subjected Latinos of all statuses to legal violence. By placing the Chicano and Latino civil rights struggle on explicitly transnational terrain, Patino fundamentally reorients the understanding of the Chicano movement. Ultimately, Patio tells the story of how Chicano/Mexicano politics articulated an abolitionist position on immigration–going beyond the agreed upon assumptions shared by liberals and conservatives alike that deportations are inherent to any solutions to the still burgeoning immigration debate. Jimmy Patino is Assistant Professor of Chicano and Latino studies at the University of Minnesota. His broader research and teaching interests include Comparative Ethnic Studies, Chicano/a-Latino/a History, diaspora/transnationalism/borderlands, social movements and political mobilizations, and Cultural Studies. Lori A. Flores is an Associate Professor of History at Stony Brook University (SUNY) and the author of Grounds for Dreaming: Mexican Americans, Mexican Immigrants, and the California Farmworker Movement (Yale University Press, out in paperback May 2018).   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law