New Books in Law

Quantification is not usually the first thing that comes to mind when hearing or reading about the United Nations High Commission on Human Rights (OHCHR). Yet in the 21st century, a wide range of policy and advocacy agendas begin with numbers. Those numbers become indicators, composites, standards, and measurement tools, which then get adopted in advocacy rhetoric or policy practice. In The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking (University of Chicago Press, 2016), Sally Engle Merry combines ethnography, human rights, and science and technology studies to explore how people living in vulnerable situations across the globe are represented by the numbers designed to both name and support them. While numbers do not have agency, and cannot help or hurt on their own, Merry dedicates most of the book to untangling the politics and practice of developing standards and indicators, and interpreting the realities that come with “governance by numbers.” The genealogy of these indicators and standards are given as much space as their application, as Merry describes their highly political origins and a process of their subtle acceptance as normalover time. With roots in colonial authority and population management, indicators have been developed and used for a range of purposes in governance: to manage people, resources, planning, dissent, and reputations among others. Merry explores indicators and indices from legal, anthropological, historical, and genealogical perspectives, describing a range of unexpected stewards from short-term United Nations consultants to U.S. State Department officials to computer algorithms. While the book focuses on the globalization of definitions, measurements, and management techniques, it simultaneously explores the widely varied phenomena of gender violence, human rights, and human trafficking. On a set of topics that have been broadly fetishized, the overlay of quantified assessments and accompanying responses to them raises many questions about voice, politics, and international policy-making among many other topics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1971, prisoners took over Attica Correctional Facility in upstate New York. The uprising followed a wave of protests in prisons and jails across the state and nation. Prisoners sought to draw public attention to years of mistreatment and abuse as they held prison employees hostage and invited the media into the facility. Four days after the takeover, state officials ended talks abruptly and retook the prison using massive force. Both prisoners and guards were killed and injured in the ensuing gunfire. In Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Pantheon, 2016), University of Michigan professor, Heather Ann Thompson, tells an untold story of this uprising and its legacy. After the retaking of the prison, state troopers and corrections officers violently retaliated against the prisoners, committing human rights violations for which the state of New York failed to prosecute any officials. Thompson’s book thoroughly documents the state’s decades-long cover-up of officials’ criminal violence during and after the uprising. Instead of substantially reforming prison conditions or thoroughly investigating crimes on all sides, they focused on prosecuting prisoners and publicly blaming all violence on them. Blood in the Water is extremely relevant today. Criminal justice reform has become an urgent political issue in the 21st century. Prisons are overcrowded and as numerous scholars and politicians have noted, the current system of mass incarceration overwhelmingly targets black and brown men, ruining lives and causing upheaval in communities of color. Historians have recently been examining the roots of this modern system in an effort to understand both its origins and its present character. Thompson’s work provides key insights into the ways this system developed and how it protects and perpetuates state violence. In this episode of New Books in History, Thompson discusses her new book. She tells listeners about the uprising and its aftermath. She also discusses the difficulty of completing this research, which speaks to the continued efforts of the state to keep the full narrative of events during the uprising from public view. Finally, she briefly speaks to the importance of the Attica uprising for understanding mass incarceration and the broader criminal justice system today. This acclaimed new book reveals important new information about the uprising and its aftermath that has previously been concealed from the public. It is a National Book Award finalist and has received significant praise. It has been written about or reviewed in the New York Times, The New Yorker, The New York Book Review, among other publications. Thompson has given Congressional staff briefings on the subject of mass incarceration in the United States and written about the topic in numerous popular and academic venues. 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

Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory body. Thomas contends that this state of affairs harms all actors in the American system: the traditional three branches of government, judges, juries, citizens, and parties to civil and criminal lawsuits. She urges reforms that will enhance juries power to not only decide cases, but to check the power of prosecutors and legislatures. 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 Feminine Law: Freud, Free Speech, and the Voice of Desire (Karnac Books, 2016), Psychoanalyst Jill Gentile explores the intersection between Freuds fundamental rule of free association and freedom of speech in a democracy, two subjects with obvious connections; however, as Gentile points out, surprisingly few writers have attempted to linked the two. In this interview, which spans the history of psychoanalysis and the U.S. Constitution, Gentile describes how both the psychological discipline and the political system aim at common goals, and that both psychoanalysis and democracy situate freedom in a particular space, a space governed by what Gentile calls a feminine law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Savage Portrayals: Race, Media, and the Central Park Jogger Story (Temple University Press, 2014) offers a timely reminder of how racial bias and prejudice continue to shape political perspectives and dominant media narratives. Drawing on her unique experience as a journalist covering the case, Natalie Byfield explores the media response to and framing of the Central Park Jogger case which gained national attention during the late 1980s. Byfield is a cultural sociologist, who has taught in the fields of sociology and media studies. She is an associate professor at St. John’s University in Queens, New York where her research centers on the sociology of knowledge. She examines language, media systems, and methodologies exploring their roles in the production and construction of race/class/gender inequalities. In 1989 she was a member of a reporting team nominated by the Daily News for a Pulitzer Prize relating to the papers coverage of the Central Park Jogger case. Dr. Byfield is also the recipient of a Charles H. Revson Fellowship at Columbia University and a National Science Foundation Fellowship. Her current book project is titled Minority Report: Place, Race, and Surveillance in New York City. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Damien M. Sojoyner, Assistant Professor of Anthropology at the University of California, Irvine, joins the New Books Network to discuss his recently published book, entitled First Strike: Educational Enclosures in Black Los Angeles (University of Minnesota Press, 2016). Through both ethnographic and historical analyses, First Strike explores the tragic relationship between education and the prison system in California. For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can children grow to realize their inherent rights and respect the rights of others? In Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children’s literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children’s lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child — the most widely-ratified human rights treaty — not only ensures that children have rights, it also requires that states make those rights “widely known, by appropriate and active means, to adults and children alike.” This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children’s Literature investigates children’s rights under international law — identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights — and considers the way in which those rights are embedded in children’s literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children’s rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them. Learn more at: www.jonathantodres.com Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016), a biographical picture book–the first for young children about Justice Ginsburg’s life–tells the justice’s story through the lens of her many famous dissents, or disagreements. Award-winning children’s book author, Debbie Levy, demonstrates Ruth Bader Ginsburg’s persistence and highlights notable cases in which she was a participant, such as Frontiero v. Richardson (1973), which was an important win for equal rights for women. Debbie Levy has written many powerful nonfiction narratives for children, including We Shall Overcome: The Story of a Song, The Year of Goodbyes: A True Story of Friendship, Family and Farewells, and Dozer’s Run: A True Story of a Dog and His Race. Ms. Levy is a former lawyer and newspaper editor. Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bob Mionske is a Portland, Oregon based attorney whose practice focuses on representing cyclists. He gained his cycling experience at the highest levels, riding twice as a member of the United States Olympic racing team in 1988 and 1992. Mionske was inspired to write Bicycling and the Law: Your Rights as a Cyclist (VeloPress 2007) when he realized that a popular commentary on cycling laws had not been published for over a hundred years. In the podcast Mionske discusses how early bicyclists like 19th century bicycle entrepreneur Albert Pope, established bike friendly rights of the road through protests, legislation, and litigation. Mionske also discusses common issues faced by modern cyclists and offers tips for reaching out to people who are biased against cyclists. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why is our criminal justice system so unfair? How do innocent men and women end up serving long sentences while the guilty roam free? According to law professor and scholar Adam Benforado, our systems problems stem from more than occasional bad apples; they start with deeply rooted biases we all hold and which influence the course of justice. Eugenio Duarte sat with him to discuss how these biases shape every step along the way, from how a crime is initially investigated, through the process of indicting and trying suspects, to ultimate determinations of punishment. His revelations, coming from empirical investigations and first-hand experience, are shocking and sobering. He documents them in his new book, Unfair: The New Science of Criminal Injustice (Penguin Random House, 2016), and also compels readers to take action to right the wrongs in how we delivery justice. Adam Benforado is Associate Professor of Law at Drexel University. He has published numerous scholarly articles, and his op-eds and essays have appeared in the Washington Post, the Philadelphia Inquirer, and Legal Times. Follow him on Facebook. Eugenio Duarte, Ph.D. is a licensed psychologist and psychoanalyst practicing in New York City. He treats individuals and couples, with specialties in LGBTQ issues, eating and body image problems, and relationship problems. 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