New Books in Law

Today I talked to Fahad Bishara about his book A Sea of Debt: Law and Economic Life in the Western Indian Ocean, 1780-1950 (Cambridge University Press, 2017). Dr. Bishara is Assistant Professor of History at the University of Virginia. He specializes in the economic and legal history of the Indian Ocean and Islamic world. In this podcast, Dr. Bishara discusses his sophisticated history that explores the intricate legal and economic regimes that traversed the Western Indian Ocean for generations. He also talks about how he effectively mined legal documents to craft this narrative. The following podcast was originally published on H-Law’s Legal History Podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Native American” is unique among American racial categories in defining not just social status or historical lineage, but also an individual’s relationship to state and federal governments. In Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South (Oxford University Press, 2016), Mikaela M. Adams, an assistant professor of history at the University of Mississippi, tracks the histories of six Indian societies in the American South from the seventeenth to the twenty first centuries. In doing so, she argues that the question of belonging was often difficult to answer, particularly in a region where whites insisted on dividing the individuals along a strict, binary, color line. In Who Belongs?, Pamunkey, Catawba, Choctaw, Cherokee, Seminole, and Miccosukee communities all grapple with the fundamental question of tribal membership. After colonization and conquest, the answer to the question posed by Adams could have critical and concrete consequences. Often, whether someone belonged to a given tribe determined fundamental questions of identity, financial restitution, and land ownership. Who Belongs? is a critical retelling of the Native south which emphasizes the fungible nature of group identity and the adaptations Native communities made to survive within a settler colonial system of state power. Stephen Hausmann is a doctoral candidate at Temple University and Visiting Instructor of history at the University of Pittsburgh. He is currently writing his dissertation, a history of race and the environment in the Black Hills and surrounding northern plains region of South Dakota, Wyoming, and Montana. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Deondra Rose has written Citizens by Degree: Higher Education Policy and the Changing Gender Dynamics of American Citizenship (Oxford University Press, 2018). She is an assistant professor of public policy and political science at Duke University. Citizens by Degree examines the development and impact of federal higher education policy, specifically the National Defense Education Act, the Higher Education Act, and Title IX. Rose argues that these policies have been an overlooked-factor driving the progress that women have made in the United States. By significantly expanding women’s access to college, they led to women to surpassing men as the recipients of bachelor’s degrees, while also empowering them to become more economically successful and politically engaged. The book focuses on how Southern Democrats shaped U.S. higher policy development during the mid-twentieth century, expanding opportunities for women, while maintaining discriminatory practices for African Americans. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Weimar Republic was home to the first gay rights movement, led by well-known sexologist Magnus Hirschfeld. It also inspired many literary and cinematic representations of sexual liberation in legendary 1920s Berlin. In her ambitious book, Sex and the Weimar Republic: German Homosexual Emancipation and the Rise of the Nazis (University of Toronto Press, 2015), Laurie Marhoefer revises several assumptions about the sexual politics of Germany during the 1920s and 1930s. She examines how the sexual freedoms fought for by many reformers often came at the expense of a minority perceived as too non-conformist even by the left. Critically exploring explosive personalities, such as Hirschfeld and Ernst Roehm, and political turning points, such as the Venereal Disease Law of 1927 and the Vote on Repealing the Sodomy Law in 1929, this book demonstrates the profound ambiguities of the era. Marhoefer suggests that a Weimar Republic political settlement between diverse factions simultaneously saw emancipation of those who could claim a new respectability based on scientific reasoning and increased criminal control over the sexual lives of individuals who could not. Combining dynamic individual stories with several revisionist arguments, this book is one that will appeal to many listeners. Michael E. O’Sullivan is Associate Professor of History at Marist College where he teaches courses about Modern Europe. He will publish Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in August 2018.   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Voting rights are always in the news in American politics, and recent court decisions and an upcoming election in 2018 make this especially true today. Most discussions come back to the Voting Rights Act (VRA) and whether it will continue to provide the voting rights protections it has in the past. In Ballot Blocked: The Political Erosion of the Voting Rights Act (Stanford University Press, 2017), Jesse Rhodes, associate professor of political science at the University of Massachusetts, Amherst, places the VRA into a political context. He aims to figure out the political puzzle of the VRA: Why, for fifty years, have both Democrats and Republicans in Congress consistently voted to expand the protections offered by the VRA, yet the act remains vulnerable? Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly back? Rhodes argues that conservatives have pursued a paradoxical strategy which takes advantage of high and low salience. The conservative strategy, according to Rhodes, is to accept expansive voting rights protections in highly visible votes in Congress while simultaneously narrowing the scope of federal enforcement in low visibility administrative and judicial maneuvers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

True crime is as popular as ever in our present moment. Both television and podcast series have gained critical praise and large audiences by exploring largely unknown individual crimes in depth and using them to consider broader questions surrounding the justice system, guilt and innocence, class and racial inequality, and evidence. Rarely do we get to think historically about these broader topics through the lens of individual, especially unknown, cases in light of the challenges posed by researching historical crimes. Kali Nicole Gross, Martin Luther King, Jr. Professor of History at Rutgers University New Brunswick, has done incredible research to do just that in her new book, Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America (Oxford University Press, Hardcover 2016, Paperback 2018). The book won the Hurston/Wright Legacy Award for Nonfiction. The book tells the story of the discovery of a torso, the investigation of the murder, and the life of the accused—Hannah Mary Tabbs. The body was discovered in 1887 and drew an unusual amount of attention in the segregated areas in and around Philadelphia, especially given the victim and accused were black. In this episode of the podcast, Gross discusses why the case caught the eye of the public and investigators at the time. She also explains some of the broader context and insights of the case. Finally, she talks about her research process. We don’t give away the resolution of the case in our conversation, but will introduce you to Hannah Mary Tabbs and the world of post-Reconstruction Philadelphia in which she lived. Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Institutions and Democracy in Africa: How the Rules of the Game Shape Political Developments (Cambridge University Press, 2018), the contributors challenge the argument that African states lack effective political institutions as these have been undermined by neo-patrimonialism and clientelism. Scholars such as Patrick Chabal and Jean-Pascal Daloz have argued that Africa’s political culture is inherently different from the West and that African political system is actually working through what they term “instrumentalization of disorder.” While acknowledging some of the contributions that Chabal and Daloz have made to the understanding of Africa institutions, the contributions in this volume challenge this notion that political life in Africa is shaped primarily by social customs and not by formal rules. The contributions examine formal institutions such as the legislature, judiciary, and political parties and they show the impact of these institutions on socio-political and economic developments in the continent. Their contributions show that political and institutional developments vary across the continent and African states should not be treated as if they are the same. They argue that informal institutions have helped to shape and strengthen formal institutions. The authors of the different chapters are cutting-edge scholars in the field and they make a clear and convincing argument that formal institutions matter and that it is impossible to understand Africa without taking into consideration the roles played by these institutions. The book is edited by Nic Cheeseman. He is a professor of Democracy at the University of Birmingham and was formerly Director of the African Studies Centre at Oxford University. He is the recipient of the GIGA award for the best article in Comparative Area Studies (2013) and the Frank Cass Award for the best article in Democratization (2015). He is also the author of Democracy in Africa: Successes, Failures and the Struggle for Political Reform (Cambridge University Press, 2015), the founding editor of the Oxford Encyclopedia of African Politic, a former editor of the journal African Affairs, and an advisor to, and writer for, Kofi Annan’s African Progress Panel. Bekeh Utietiang Ukelina is an Assistant Professor of History at SUNY, Cortland. His research examines the ideologies and practices of development in Africa, south of the Sahara. He is the author of The Second Colonial Occupation: Development Planning, Agriculture, and the Legacies of British Rule in Nigeria. For more NBN interviews, follow him on Twitter @bekeh or head to bekeh.com.   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Alex Vitale is a Professor of Sociology and coordinator of the Policing and Social Justice Project at Brooklyn College. He has written for a number of popular publications including the New York Times, New York Daily News, USA Today, and the Nation. His newest book The End of Policing is out now from Verso press.The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sida Liu and Terence C. Halliday spent ten years interviewing criminal defense attorneys throughout China in order to compile the evidence on the professional lives of criminal defense attorneys in the one-party authoritarian state that is modern China. They present what they found in Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016) In this interview with co-author Sida Liu, we discuss the extreme difficulties faced in daily work by attorneys. From the Communists victory in 1949 until 1979, there was essentially no criminal procedural law in China. In 1979 the Deng Xiaoping regime sought stability and order and created the first criminal procedural law. Since then the law has been revised several times, giving more formal rights to defendants and their counsel, while simultaneously allowing for state harassment of defense attorneys should they too zealously do their jobs. Liu and Halliday reveal the methods of state officials to hinder the pursuit of justice for criminal defendants and their attorneys. In doing so, the authors not only reveal the dangers faced by attorneys but also reveal how dangerous the Communist regime considers this educated, motivated, and articulate group to be to the one-party state. 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

In 2013, when the Russian State Duma passed a law banning the propaganda of non-traditional sexual relationships to minors, some rushed to boycott Russian vodka. In Russian Homophobia from Stalin to Sochi (Bloomsbury, 2017), Dan Healey provides historical context for the law and cautions against the easy application of recent changes elsewhere. The Russian embrace of LGBT rights will be the result of cultural evolution from within society and not some off-the-peg downloading of a European formula, Healey writes. Decriminalized after the revolution, sodomy was re-banned under Stalin in 1933-4 and remained illegal until 1993. In a series of case studies, Healey examines same-sex relationships in the gulag, provincial criminal investigations from the 1950s, the diary of popular singer Vadim Kozin (who was sent to Magadan in the 1940s under the anti-sodomy law), gay cruising in Brezhnev-era Moscow, and pornography in the 1990s. What emerges is a complex portrait of gay and lesbian consciousness that belies Putin-era attempts to portray homosexuality as a foreign import. Healey also explores some of the difficulties facing queer history in today’s Russia, including a lack of information about prosecutions under Stalin and reluctance to include sexuality in the biographies of figures such as Kozin. The book concludes by examining current projects to mobilize queer memory, such as the Unstraight Museum in Belarus. Joy Neumeyer is a journalist and PhD candidate in History at the University of California, Berkeley. Her dissertation project explores the role of death in Soviet culture. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law