New Books in Law

Stereotypes should always be viewed with skepticism. That said, when we consider Jewish kids from Brooklyn we ordinarily think of well-behaved, studious types on their way to “good schools” and professions of one sort or another. Rude boys roving the streets of New York seeking to “cleanse” the city by assaulting and even killing “bums” do not readily come to mind. Yet there were such Jewish thugs in the 1950s. Mariah Adin tells their tale in her wonderful book The Brooklyn Thrill-Kill Gang and the Great Comic Book Scare of the 1950s (Praeger, 2014). In the summer of 1954, the Brooklyn “Thrill Killers” murdered two men and tortured several others. All of the victims were essentially indigent men. After the boys were captured, it was discovered that their leader, troubled teenager Robert Tractenberg, was fascinated with the Nazis. Not only that, he was a big fan of violent horror comic books, some of which contained avenging characters. These facts led investigators to believe that the message found in the comics influenced the Thrill Killers’ violent mission and methods. In other words, the violent comics were corrupting youth and were, perhaps, at the root of a perceived national upsurge in “juvenile delinquency.” If this were true, then some sort of censorship might be in order. But what of constitutional considerations? Listen in and learn how it all played out. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Parsis, also known as Zoroastrians, were deeply entwined with the colonial legal system of British India and Burma, far beyond what one might expect from their relativity small numbers. Mitra Sharafi, in her wonderful new book Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014), explores this anomaly and how – as legislators, lawyers, litigants, judges and lobbyists – they managed to maintain the contours of their distinctive ethno-religious community. With fascinating legal cases, lively personalties and a deep discussion of how identity and litigation interact, Law and Identity in Colonial South Asia is a compelling and engaging account of a community with a unique and intriguing relationship with colonial rule. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Richard L. Hasen has written Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press, 2016). Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine. In the midst of the most expensive presidential contest in U.S. history, is money buying access and influence? Are super PACs corrupting the democratic process? Or are eager supporter simply exercising their First Amendment rights? In Plutocrats United, Hasen argues that these may be the wrong questions and the long-standing debate between corruption and free speech – so long a part of constitutional discussions of the issues – is in need of an overhaul. Instead, he suggests that a renewed focus on political equality could reshape the way the country and the Supreme Court considered the role of money in politics. Hasen makes specific policy recommendations for what a new campaign finance regime might look like, and why this new approach would advance the democracy as well as the principle of political equality. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After World War II, the newly formed United Nations and what might be called a global community of nations that included the United States, worked to create a more extensive code of international law. The urge stemmed from the events of World War II, including the atrocities of the war that resulted in war crimes trials and tribunals afterward. The new effort included a move to implement new enforcement mechanisms and insure that the agreed upon international standards were upheld and violators punished. During this same period, the United States military significantly expanded its global presence. Throughout the Cold War and after, U.S. troops were stationed at bases in more countries than ever before, which each required Status of Forces Agreements laying out, among other things, jurisdiction over U.S. troops. This increased global presence also meant more American soldiers, and in some cases civilians accompanying the military for various reasons, were in the position to violate these international standards. Yet, despite a prominent role in spreading universal standards of international law, U.S. policymakers strongly resisted any compromise to U.S sovereignty in upholding these laws. Patrick Hagopian, senior lecturer in History and American Studies at Lancaster University, has a new book, American Immunity: War Crime and the Limits of International Law (University of Massachusetts Press,  2013) that looks at the relationship between the United States and war crimes jurisdictional questions. He discusses how not only did U.S. policymakers refuse to allow Americans to be prosecuted by international tribunals, but also U.S. courts failed to uphold international standards of justice. Policymakers felt that territorial and practical limitations placed acts committed abroad beyond the jurisdiction of civilian courts, while the Supreme Court decided veterans and civilians could not be court-martialed. This left a jurisdictional gap that existed for much of the postwar period. Though the My Lai massacre brought the gap into particular focus, Congress still failed to close it. This new book explains jurisdictional issues and the failure of American policymakers to adequately remedy. In this episode, we discuss the legal problem, the book’s insights as to their cause, and some of the (often failed) attempts to close the gap. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It seems obvious that children need to be loved, that having a loving home and upbringing is essential to a child’s emotional and cognitive development. It is also obvious that, under typical circumstances at least, for every child there are adults who should love them. It is perhaps not surprising, then, that many national and international charters and declarations specifically ascribe to children a right to be loved. But the idea that children have a right to be loved seems philosophically suspicious. Questions arise almost instantly: Could there be right to be loved? Could children hold such a right? To whom does the correlate duty to love a child fall? What would such a duty require? One might also begin to wonder: What are the implications of such a right for family, parenting, child-rearing, and adoption? In The Right to be Loved (Oxford University Press, 2015), S. Matthew Liao works carefully and systematically through all of these questions in providing a compelling defense of the idea that children indeed have a right to be loved. This is a fascinating book with a bold thesis. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anthony Maniscalco is the author of Public Spaces, Marketplaces, and the Constitution: Shopping Malls and the First Amendment (SUNY Press, 2015). Maniscalco is the director of the Edward T. Rogowsky Internship Program in Government and Public Affairs at the City University of New York. What can you say in a shopping mall? Maniscalco finds not that much, or at least not as much as you were in the past. Public Spaces traces the legal history of how the courts have interpreted balanced the property rights of shopping place owners with the first amendment rights of patrons. The book offers a new vision for how public spaces might be reimagined to re-emphasize public debate and discussion in shopping malls and places of commerce. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her shining new book Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (Cambridge University Press, 2015), Hina Azam, Assistant Professor of Middle Eastern Studies at the University of Texas-Austin, explores the diversity and complexity of pre-modern Muslim legal discourses on rape and sexual violation. The reader of this book is treated to a thorough and delightful analysis of the range of attitudes, assumptions, and hermeneutical operations that mark the Muslim legal tradition on the question of sexual violation. Indeed, the most remarkable aspect of this book is the way it showcases the staggering range and diversity of approaches to defining and adjudicating rape that populate the Muslim legal tradition. Focusing primarily on the Maliki and Hanafi schools of law, Azam convincingly demonstrates that Muslim legal discourses on rape were animated and informed by competing ways of imagining broader categories such as sovereignty, agency, property, and rights. In our conversation, we talked about problems of translation involved in using the category of rape in relation to pre-modern discursive archives, proprietary and theocentric approaches to sexual ethics in medieval Islam, the differences between the Maliki and Hanafi school on defining and punishing male-female rape, and the implications and significance of this study to the contemporary legal landscape in Muslim societies. This meticulously researched and lucidly written book will be of much interest to students of Islam, Islamic Law, Gender and Sexuality, and Muslim intellectual history. It will also make a great contribution to upper level undergraduate and graduate seminars on these topics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historic Preservation in a Nutshell (West Academic Publishing, 2014), co-authored by Sara Bronin and Ryan Rowberry provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues. Some of the topics we cover are: * How the most enduring historic preservation laws manage to achieve protective aims while balancing a range of other values * The four primary methods of advancing the goals of the preservation movement. * The constitutional constraints on historic preservation laws * The ways historic preservation laws interact with Indian tribes and how they can be used to preserve native heritage Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can a perspective on Islamic law and jurisprudence be constructed responding to the lives and practices of diasporic Muslims while remaining deeply grounded in the foundational texts of the religion? In The Islamic Worldview: Islamic Jurisprudence–An American Muslim Perspective, Volume One, feminist philosopher and legal scholar Azizah al-Hibri (Univ. of Richmond Law School) engages in precisely this task. Providing an overview of the central sources and methods of law and jurisprudence in the Islamic tradition, al-Hibri elaborates what she calls the “Islamic worldview,” based in principles of harmony, equality, and justice. This guides her work to engage in sustained textual analysis of passages from the Qu’ran and hadith and to think through questions of gender, the family, and politics in Islam.   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kerry Eleveld is the author of Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (Basic Books, 2015). Eleveld is a writer for DailyKos and a former reporter for The Advocate. We have all begun to write the histories of the Obama presidency, noting various accomplishments and failures. One of the most remarkable areas of accomplishment and change was the President’s transformation on gay rights. From a campaign that stumbled on the issue to a much bolder stance on don’t-ask-don’t-tell, DOMA, and other policies, the Obama White House was changed by gay rights and, in turn, changed America. According to Kerry Eleveld, he didn’t do this on his own. An assortment of advocates, activists, and bloggers pressured the White House to move gay rights issues from the edge his agenda. In Don’t Tell Me To Wait, Eleveld recounts this transformation as one of the reporters covering the President up-close. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law