New Books in Law

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today.LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus.Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can 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

The dawn of the Tudor regime is one of most recognisable periods of English history. Yet the focus on its monarchs' private lives and ministers' constitutional reforms creates the impression that this age's major developments were isolated to halls of power, far removed from the wider populace.Royal Justice and the Making of the Tudor Commonwealth, 1485–1547 (Cambridge University Press, 2023) by Dr. Laura Flannigan presents a more holistic vision of politics and society in late mediaeval and early modern England. Delving into the rich but little-studied archive of the royal Court of Requests, it reconstructs collaborations between sovereigns and subjects on the formulation of an important governmental ideal: justice. Examining the institutional and social dimensions of this point of contact, this study places ordinary people, their knowledge and demands at the heart of a judicial revolution unfolding within the governments of Henry VII and Henry VIII. Yet it also demonstrates that directing extraordinary royal justice into ordinary procedures created as many problems as it solved.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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 this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019).The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class.“There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College.In the podcast, Theoharis shows how African-Americans have faced discrimination in everything from pre-Civil War legal codes in New York, to 20th-century government programs like Social Security and the G.I. bill. She and Harpaz also discuss the ways in which the legacy of these racist policies persist today in public education, the criminal justice system, and other aspects of American society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Soaring levels of political, legal, economic, and social inequality have been documented by social scientists – but the public conversation and scholarship on inequality has not examined the role of state law and state courts in establishing policies that significantly affect inequality. Political scientists James L. Gibson and Michael J. Nelson analyze their original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century to demonstrate how state high courts craft policy. The fifty state supreme courts shape American inequality in two ways: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as "upperdogs"). The book focuses on court-made public policy on issues including educational equity and adequacy, LGBTQ+ rights, and worker's rights. The conventional wisdom assumes that courts protect underdogs from majorities but Gibson and Nelson demonstrate that judges most often favor dominant political elites and coalitions. As such, courts are unlikely to serve as an independent force against the rise of inequality in the United States.James Gibson is the Sidney W. Souers Professor of Government at Washington University in Saint Louis. His research interests are in Law and Politics, Comparative Politics, and American Politics.Michael Nelson is a Professor of Political Science at Penn State University. He studies judicial politics and U.S. state politics, especially public attitudes toward law and courts, judicial behavior, and the politics of court reform. Michael was a guest on the New Books Network for the The Elevator Effect, a book he co-wrote with Morgan Hazelton and Rachael K. Hinkle in 2023.In the podcast, we mention Dr. Gibson’s brand new article regarding the Dobbs abortion case: “Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory” from the American Journal of Political Science.Daniela Lavergne served as the editorial assistant for this podcast.Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties.The Justice Laboratory: International Law in Africa (Brookings Institution, 2022) by Dr. Kristin Bree Carlson reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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 Purgatory Citizenship: Reentry, Race, and Abolition (University of California Press, 2023), Calvin John Smiley explores the lives of people who were formerly incarcerated and the many daunting challenges they face. Those being released from prison must navigate the reentry process with diminished legal rights and amplified social stigmas, in a journey that is often confusing, complex, and precarious.Calvin John Smiley is an Associate Professor of Sociology at Hunter College, City University of New York.Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely.Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality and colonialism in India. In addition to studying the history of the transgender Hijra community under British colonial rule, Dr. Hinchy has also explored problems related to slavery, masculinity, and indirect colonial rule in India through several publications on Khwajasarai eunuch-slaves. She has also investigated the history of childhood, in particular in relation to sexuality and slavery. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

George Fisher, the Judge John Crown Professor of Law at Stanford Law School, just released his new book Beware Euphoria: The Moral Roots and Racial Myths of America’s Drug War, with Oxford University Press. George has been teaching and writing in the realms of evidence, prosecution practice, and criminal legal history since 1995. He began practice as a prosecutor in Massachusetts and later taught at the law schools of Boston College, Harvard, and Yale. Beware Euphoria is the most recent among a slew of other books, articles, and essays that he’s published over the years, and perhaps the most contrarian. In this interview, George discusses his research methods and how he came to the conclusion that the history of America’s drug war, while racially motivated, was not meant to target minorities, but protect the morals and health of America’s white youth.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

American households have a debt problem. The problem is not, as often claimed, that Americans recklessly take on too much debt. The problem is that US debt policies have no basis in reality. Weaving together the histories and trends of US debt policy with her own family story, Chrystin Ondersma debunks the myths that have long governed debt policy, like the belief that debt leads to prosperity or the claim that bad debt is the result of bad choices, both of which nest in the overarching myth of a free market unhindered by government interference and accessible to all. In Dignity Not Debt: An Abolitionist Approach to Economic Justice (U California Press, 2024), Ondersma offers a compelling, flexible, and reality-based taxonomy rooted in the internationally recognized principle of human dignity. Ondersma's new categories of debt--grounded in abolitionist principles--revolutionize how policymakers are able to think about debt, which will in turn revolutionize the American debt landscape itself.Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Among the Braves Hope, Struggle, and Exile in the Battles for Hong Kong and the Future of Global Democracy (Hachette, 2023) Shibani Mahtani and Timothy McLaughlin tell the story of Hong Kong's demise from Two Systems to One Country through the eyes of some of its key actors in the 2019 Anti-Extradition protests. In their richly evocative narrative, Mahtani and McLaughlin draw on their on-the-ground reporting, and weave this through a historical account to foreground the fight of the frontline protestors, referred to in Cantonese as "The Braves", who felt they had no other choice but to resist Beijing's increasingly authoritarian governance. In this interview, we discussed the way that the changing political landscape of Hong Kong is demonstrative of the fragility of democratic institutions. We spoke about attempts by Beijing to erase historical memory through the imposition of increasingly draconian laws. Mahtani and McLaughlin will provide listeners with insight as to why Hong Kong matters, and why the rest of the world should take notice of the global erosion of democratic freedoms. Shibani Mahtani is an international investigative correspondent for the Washington Post. She was previously the Post's Hong Kong and Southeast Asia bureau chief and a correspondent for the Wall Street Journal based in Singapore, Yangon, and Chicago. Her Hong Kong coverage was honored with prizes including a Human Rights Press Award for an investigation into police misconduct. Timothy McLaughlin is a prize-winning contributing writer for The Atlantic. Previously he worked for Reuters news agency. His work has also appeared in publications including WIRED, The Washington Post, The Los Angeles Times, and Prospect. He has won multiple awards for his Hong Kong coverage, including two Best in Business Awards from the Society for Advancing Business Editing, and is a two-time finalist for The Livingston Award for International Reporting.Jane Richards is a Lecturer in Law at York Law School, UK. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law