New Books in Law

In the waning days and immediate aftermath of World War II, Nazi diplomats and spies based in Spain decided to stay rather than return to a defeated Germany. The decidedly pro-German dictatorship of General Francisco Franco gave them refuge and welcomed other officials and agents from the Third Reich who had escaped and made their way to Iberia. Amid fears of a revival of the Third Reich, Allied intelligence and diplomatic officers developed a repatriation program across Europe to return these individuals to Germany, where occupation authorities could further investigate them. Yet due to Spain's longstanding ideological alliance with Hitler, German infiltration of the Spanish economy and society was extensive, and the Allies could count on minimal Spanish cooperation in this effort.In Hunting Nazis in Franco's Spain (LSU Press, 2014), David Messenger deftly traces the development and execution of the Allied repatriation scheme, providing an analysis of Allied, Spanish, and German expatriate responses. Messenger shows that by April 1946, British and American embassy staff in Madrid had compiled a census of the roughly 10,000 Germans then residing in Spain and had drawn up three lists of 1,677 men and women targeted for repatriation to occupied Germany. While the Spanish government did round up and turn over some Germans to the Allies, many of them were intentionally overlooked in the process. By mid-1947, Franco's regime had forced only 265 people to leave Spain; most Germans managed to evade repatriation by moving from Spain to Argentina or by solidifying their ties to the Franco regime and Span-ish life. By 1948, the program was effectively over.Drawing on records in American, British, and Spanish archives, this first book-length study in English of the repatriation program tells the story of this dramatic chapter in the history of post--World War II Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year—all without advancing public health. Yet, in hundreds upon hundreds of cases, courts have allowed the war to proceed virtually unchecked. How could a set of policies so draconian, destructive, and discriminatory escape constitutional curtailment?In The Constitution of the War on Drugs (Oxford UP, 2024), David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Throughout the 1960s and 1970s, advocates argued that criminal drug bans violate the Constitution's guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Many scholars and jurists agreed. Pozen demonstrates the plausibility of a constitutional path not taken, one that would have led to a more compassionate approach to drug control.Rather than restrain the drug war, the Constitution helped to legitimate and entrench it. Pozen shows how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. Placing the U.S. jurisprudence in comparative context, The Constitution of the War on Drugs offers a comprehensive review of drug-rights decisions along with a roadmap to constitutional reform options available today.This book is available open access here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In Women’s Human Rights and the Elimination of Discrimination (Brill/Nijhoff, 2016), 17 scholars approach women’s human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as “surrogate mothers”, violence against women and cross-border enforcement of protection orders. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Several trends justify why it is worth analysing the concept of citizenship in international law. On the one hand, human mobility enhanced in the last decades of the twentieth century contributed largely to the multiplication of multiple citizenship. The phenomenon of migration, often linked to crises, fosters statelessness and presents new challenges to international law. The internationalization of human rights can accordingly have an impact on the law of nationality. Moreover, within the framework of regional organizations, new forms of citizenship are emerging. This phenomenon, going hand in hand with the traditional, historybased citizenship is also contributing to the challenges that the concept of citizenship faces in international law.Attempting to get answers to these questions, The Concept of Citizenship in International Law (Brill/Nijhoff, 2018) tackles first common theoretical aspects at a universal level to be followed later by the analysis of the regional aspects. It tries to deepen the ongoing discussion in the scientific community and among the greater public on nationality and citizenship issues. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia (UCL Press, 2022) by Alexander Sasha Kondakov uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original methodology of studying ‘legal memes’ and argues that these individual affective states are directly connected to the political violence aimed at queer lives more generally. The main aim of Violent Affections is to explore the social mechanisms and techniques that impact anti-queer violence evidenced in the reviewed cases. Kondakov expands upon two sets of interdisciplinary literature – queer theory and affect theory – in order to conceptualise what is referred to as neo-disciplinary power. Taking the empirical observations from Russia as a starting point, he develops an original explanation of how contemporary power relations are changing from those of late modernity as envisioned by Foucault’s Panopticon to neo-disciplinary power relations of a much more fragmented, fluid and unstructured kind – the Memeticon. The book traces how exactly affections circulate from body to body as a kind of virus and eventually invade the body that responds with violence. In this analytic effort, it draws on the arguments from memetics – the theory of how pieces of information pass on from one body to another as they thrive to survive by continuing to resonate. This work makes the argument truly interdisciplinary.This book is available open access here. Alexander Sasha Kondakov is an assistant professor at the School of Sociology, University College Dublin, Ireland.Tatiana Klepikova is a postdoctoral researcher at the University of Regensburg, where she leads a research group on queer literatures and cultures under socialism. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Beyond Complicity: Why We Blame Each Other Instead of Systems (University of California Press, 2024) by Dr. Francine Banner is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?Dr. Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment.The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller's study will only grow more relevant as time passes. "An engaging call to arms," (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.Matt Stoller is the Director of Research at the American Economic Liberties Project.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s book is: Freeman’s Challenge: The Murder That Shook America’s Original Prison for Profit (U Chicago Press, 2024), by Dr. Robin Bernstein, which tells the story of a teenager named William Freeman. Convicted of a horse theft he insisted he did not commit, he was sentenced to five years of hard labor in Auburn’s new prison. Uniting incarceration and capitalism, the facility included industrial factories where prisoners worked as “slaves of the state.” They earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system. Incensed at being forced to work without pay, William Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom. Through one Black man, his family, and his city, Dr. Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.Our guest is: Dr. Robin Bernstein, who is an award-winning cultural historian specializing in race and racism from the nineteenth century to the present. She teaches at Harvard University, where she is the Dillon Professor of American History and Professor of African and African American Studies and Studies of Women, Gender, and Sexuality. Our host is: Dr. Christina Gessler, the producer of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell (and why) and what happens to those we never tell.Playlist for listeners who wish to learn more: Stitching Freedom: Embroidery and Incarceration Education Behind the Wall Hands Up, Don't Shoot: Researching Racial Injustice The Journal of Higher Education in Prison Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 200+ Academic Life episodes? You’ll find them all archived here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Stefanie Coché's Psychiatric Institutions and Society: the Practice of Psychiatric Commital in the “Third Reich,” the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963 (London: Routledge, 2024; translated by Alex Skinner) probes how the serious and sometimes fatal decision was made to admit individuals to asylums during Germany’s age of extremes. The book shows that - even during the Nazi killing of the sick - relatives played an even more important role in most admissions than doctors and the authorities.In light of admission practices, this study traces how ideas about illness, safety, and normality changed when the Nazi regime collapsed in 1945 and illuminates how closely power configurations in the psychiatric sector were linked to political and social circumstances in the early years of both German successor states.Paul Lerner is Professor of History at the University of Southern California where he directs the Max Kade Institute for Austrian-German-Swiss Studies. He can be reached at plerner@usc.edu and @PFLerner. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the early twentieth century, anarchists like Emma Goldman and Alexander Berkman championed a radical vision of a world without states, laws, or private property. Militant and sometimes violent, anarchists were heroes to many working-class immigrants. But to many others, anarchism was a terrifyingly foreign ideology. Determined to crush it, government officials launched a decades-long “war on anarchy,” a brutal program of spying, censorship, and deportation that set the foundations of the modern surveillance state. The lawyers who came to the anarchists’ defense advanced groundbreaking arguments for free speech and due process, inspiring the emergence of the civil liberties movement.Michael Willrich's book American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century (Basic Books, 2023) tells the gripping tale of the anarchists, their allies, and their enemies, showing how their battles over freedom and power still shape our public life.Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law