New Books in Law

In Unclean Lips: Obscenity, Jews, and American Culture (New York University Press, 2014), Josh Lambert, Academic Director of the Yiddish Book Center and Visiting Assistant Professor of English at UMass Amherst, explores the role of Jews in the history of obscenity in America. Through a series of case studies, he shows how Jews battled censorship as writers, editors, publishers, critics, and lawyers. In their engagements in battles over obscenity, Jews have played a previously underappreciated role in transforming American culture. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Working against the tendency to conflate the analytic categories “rule of law,” and “law and order,” Nick Cheesman’s Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order (Cambridge University Press, 2015) makes a significant two-fold contribution, one as “the first serious attempt for half a century to situate Myanmar’s courts in its politics;” and the other, that rather than reproduce the binaried, linear thinking inherent to terms like “rule by law,” Cheesman exposes and repairs a significant conceptual weakness in rule of law scholarship through the analytic lens of law and order. Martin Krygier writes, “Opposing the Rule of Law combines three elements rarely seen in one place: fine-grained, indeed masterly, unravelling of Myanmar criminal laws social and political history, character and significance; an original and sophisticated account of the rule of law and its enemies in Myanmar, generally, and in principle; and uncommonly fine prose. It is a tour de force, instructive–indeed illuminating–and a pleasure to read.” Eve Darian-Smith highlights the study’s rich empirical research and assesses the book as “an extraordinary achievement.” Engaging with Opposing the Rule of Law’scareful and nuanced analysis reveals that this praise, from leading scholars of rule of law, social theory, legal anthropology, and socio-legal studies, is well deserved. Jothie Rajah is Research Professor at the American Bar Foundation, Chicago. She writes on rule of law discourses and can be reached at jrajah@abfn.org. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As a trailblazing attorney, Bessie Margolin lived a life of exceptional achievement. At a time when the legal profession consisted almost entirely of men, she earned the esteem of her colleagues and rose to become one of the most successful Supreme Court advocates of her era. Doing so, as Marlene Trestman demonstrates in Fair Labor Lawyer: The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie Margolin (Louisiana State University Press, 2016), required overcoming not just the ingrained assumptions that men had towards professional women during that time but also the poverty of her early childhood and the loss of her mother when Margolin was only three years old. As Trestman reveals, Margolin exploited to the full the opportunities she was given as a ward of the Jewish Orphans Home in New Orleans, which provided her with a comfortable upbringing and a good education. From Newcomb College and Tulane University, Margolin went on to a fellowship at Yale University and a career in the federal government, which she began by participating in the defense of some of the most important laws to come out of President Franklin Roosevelt’s New Deal program and concluded by championing measures mandating equal pay and opposing age discrimination. And yet Trestman shows that for all of the sacrifices she made to establish a career for herself, Margolin did so on her own terms and in a way that many Americans can relate to today. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Are solutions to marital problems always best solved through legal means? Should alternative dispute resolutions be celebrated? In her latest book The Trouble with Marriage: Feminists Confront Law and Violence in India (University of California Press, 2015) Srimati Basu answers such questions and many more through explorations of ‘lawyer free’ courts and questions surrounding understandings of domestic violence, analyses of the way rape intersects with marriage and how kinship systems change with legal disputes and by delineating the most important acts that frame marriage law in India. Theoretically and politically astute the book offers an ethnographic insight into legal sites of marriage trouble in India. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The landscape described in Bernard Harcourt‘s new book is a dystopia saturated by pleasure. We do not live in a drab Orwellian world, he writes. We live in a beautiful, colorful, stimulating, digital world a rich, bright world full of passion and jouissance–and by means of which we reveal ourselves and make ourselves virtually transparent to surveillance. Exposed: Desire and Disobedience in the Digital Age (Harvard University Press, 2015) guides us through our new digital age, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual. Other actors from advertisers to government agencies can compile huge amounts of information about who we are and what we do. Whether they use it to recommend other products to buy or track our movements, Harcourt argues that the influence and interests of other actors is often hidden from us. Despite leaks of classified materials about the extent of this surveillance, public outrage is limited and mild. The scale of data collection and tracking is not a national let alone a global scandal. According to Exposed, are appetites are too well satisfied and our attentions too distracted. Harcourt prods us to practice digital disobedience, lest we will remain in a digital mesh that will only continue to restrict our privacy and anonymity underneath its beautiful, shiny suit. John Balz is Director of Strategy at VML, a full-service marketing agency with offices around the globe. He has spent his career applying behavioral science strategies in the marketing and advertising field through direct mail and email, display and .coms, mobile messaging, e-commerce and social media. You can follow him on Twitter @Nudgeblog and contact him at nudgeblog@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this podcast I talk with Mary Ziegler, Stearns Weaver Miller Professor of Law at Florida State University College of Law about her book, After Roe: The Lost History of the Abortion Debate (Harvard University Press, 2016). Ziegler’s work revolves around Roe v. Wade and uses this landmark American abortion rights case to explore broad questions such as litigation as a vessel for social change and the role the court plays in democracy. To explore these questions, in addition to archival research Ziegler also did over one hundred oral histories. This method has allowed her to go beyond caricatures of people in the pro-life and anti-abortion camps and to delve deeply into their motivations and look at the angles they approached the abortion issue with great precision. Roe is often seen as a cautionary tale for judicial intervention as described for example by both right leaning Supreme Court Justice Antonin Scalia and left leaning Justice Ruth Bader Ginzburg. Her research reveals, however, that much of the polarization that we’ve blamed on the Supreme Court had little to do with what the court said in Roe. She discusses how the bright line divide between the pro-life and pro-choice movements had not yet coalesced in the 1970s. Some other topics we discuss are: –Whether Roe prematurely ended debate about the meaning or scope of abortion rights –The forces that brought together the political right and the pro-life movement –Roe as a canvas onto which activists could project different strategic aims Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

First things first: Matthew H. Sommer‘s new book is an absolute must-read for anyone interested in the history of China and/or the history of gender. Based on 1200 legal cases from the central and local archives of the Qing dynasty, and focusing on the rural poor rather than the elite, Polyandry and Wife-Selling in Qing Dynasty China: Survival Strategies and Judicial Interventions (University of California Press, 2015) looks carefully at polyandry, wife sale, and a variety of intermediate practices that mobilized a woman’s sexual & reproductive labor to help support her family. In a series of chapters that use fascinating stories and documents to transform how we understand what constitutes Qing law, Sommer’s book compellingly argues for the impossibility of maintaining a clear-cut, binary distinction between sex work and marriage in the Qing. The records on which Sommer bases this magisterial account are full of stories that are themselves worth the price of admission, sensitively rendering the lives of husbands, wives, children, and their communities as they attempted to navigate difficult, complex, and moving circumstances. This is a book that will change not only how we understand marriage, gender, family, and sex in late imperial China, but also how we think about these and related concepts more broadly conceived. Highly recommended! Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Peter K. Enns is the author of Incarceration Nation: How the United States Became the Most Punitive Democracy in the World (Cambridge University Press, 2016). Enns is Associate Professor in the Department of Government and Executive Director of the Roper Center for Public Opinion Research at Cornell University. The rise of mass incarceration in the United States is one of the most critical outcomes of the last half-century. Incarceration Nation combines close analysis of Barry Goldwater and Richard Nixon’s presidential campaigns with 60 years of data analysis. In contrast to conventional wisdom, Enns shows that over this time period, politicians responded to an increasingly punitive public by pushing policy in a more punitive direction. The book also shows that media coverage of rising crime rates fueled the public’s attitudes. More recently, a decline in public punitiveness helps explain the current bipartisan calls for criminal justice reform. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In New Mexico, before World War Two, Catholic sisters in full habits routinely taught in public schools. In her fascinating new book, Religious Lessons: Catholic Sisters and the Captured Schools Crisis in New Mexico (Oxford University Press, 2012), Dr. Kathleen Holscher explores how this curious situation arose and how this partnership between public schools and female religious orders was brought to an end by the court case Zellers v. Huff. Through a sensitive and rich exploration of diverse sources, including trial transcripts and her own interviews, Holscher captures the complex ways people in New Mexico and the wider United States understood religious freedom and the proper relationship between church and state while constructing a fascinating and ultimately moving narrative of division and reconciliation. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Douglas Clark’s new Gunboat Justice: British and American Law Courts in China and Japan (1842-1943) (Earnshaw Books Limited, 2016) is a three-volume study of extraterritoriality and its transnational histories as it shaped modern China and Japan. Clark is both historian and master storyteller in this work, crafting a study moves readers chronologically through a story of extraterritoriality from the middle of the nineteenth century through the middle of the twentieth, while introducing some amazing figures and characters along the way. (Keep a lookout, readers, for the “man’s man” who meets a ghost and asks it if it’s drunk.) Clark pays special attention to analyzing the very different results of the impact of extraterritoriality in Japan and China. Enjoy! Carla Nappi is Associate Professor of History at the University of British Columbia. Her research and writing concern the histories of science, medicine, materiality, and their translations in early modern China. You can find out more about her work by visiting www.carlanappi.com. She can be reach at carlanappi@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law