New Books in Law

Most accounts of post-1950s political history tell the story of of the war on drugs as part of a racial system of social control of urban minority populations, an extension of the federal war on black street crime and the foundation for the "new Jim Crow" of mass incarceration as key characteristics of the U.S. in this period. But as the Nixon White House understood, and as the Carter and Reagan administrations also learned, there were not nearly enough urban heroin addicts in America to sustain a national war on drugs. The Suburban Crisis: White America and the War on Drugs (Princeton University Press, 2023) argues that the long war on drugs has reflected both the bipartisan mandate for urban crime control and the balancing act required to resolve an impossible public policy: the criminalization of the social practices and consumer choices of tens of millions of white middle-class Americans constantly categorized as "otherwise law-abiding citizens."" That is, the white middle class was just as much a target as minority populations. The criminalization of marijuana - the white middle-class drug problem - moved to the epicenter of the national war on drugs during the Nixon era. White middle-class youth by the millions were both the primary victims of the organized drug trade and excessive drug war enforcement, but policymakers also remained committed to deterring their illegal drug use, controlling their subculture, and coercing them into rehabilitation through criminal law. Only with the emergence of crack cocaine epidemic of the mid-1980s did this use of state power move out of suburbs and reemerge more dramatically in urban and minority areas. This book tells a history of how state institutions, mass media, and grassroots political movements long constructed the wars on drugs, crime, and delinquency through the lens of suburban crisis while repeatedly launching bipartisan/nonpartisan crusades to protect white middle-class victims from perceived and actual threats, both internal and external. The book works on a national, regional, and local level, with deep case studies of major areas like San Francisco, LA, Washington, and New York. This history uses the lens of the suburban drug war to examine the consequences when affluent white suburban families serve as the nation's heroes and victims all at the same time, in politics, policy, and popular culture.Matthew D. Lassiter is professor of history and Arthur F. Thurnau Professor at the University of Michigan, where he is co-director of the Carceral State Project.Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable.In Truth and Transparency: Undercover Investigations in the Twenty-First Century (Cambridge University Press, 2023), Dr. Alan K. Chen and Dr. Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.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

The role of mother is often celebrated in the United States as the most important job in the world but Dr. Caitlin Killian argues that American motherhood is increasingly monitored and perilous. From preconception, through pregnancy, and while parenting, she argues that women are held to ever-higher standards and punished – both socially and criminally – for failing to live up to these norms.Using historical accounts, public health pronouncements, social psychological research, and course cases, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity Press, 2023) documents how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, Dr. Killian argues that all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Other books have examined the specific risks to either pregnant or parenting women – but few connect the issues – and that is Dr. Killian’s goal. Using a reproductive justice lens, she analyzes the extent of the crisis and what must change to prevent mass penalization and provide resources to allow people to mother well.Dr. Caitlin Killian is a professor of sociology at Drew University specializing in gender, families, reproduction, and immigration. She has worked as a consultant for the United Nations, developing the module on sexual and reproductive health and rights for UN staff training and co-authoring a UNDP report on Syrian refugee women. Her articles have appeared in Contexts magazine and The Conversation, and she has published in numerous academic journals about adoption, overblown warnings about women’s alcohol consumption during pregnancy, sexual and reproductive health and justice, and immigrant and refugee women.Dr. Killian mentions: Michele Goodwin, Policing the Womb: Invisible Women and the Criminalization of Motherhood Renee Almeling, GUYnecology: The Missing Science of Men’s Reproductive Health Jeanne Flavin, Our Bodies, Our Crimes: The Policing of Women's Reproduction Miranda R. Waggoner, The Zero Trimester: Pre-Pregnancy Care and the Politics of Reproductive Risk Cynthia Daniels, Exposing Men: The Science and Politics of Male Reproduction Kim Brooks, Small Animals: Parenthood in the Age of Fear George Lobis 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

The poignant saga of Guatemala's adoption industry: an international marketplace for children, built on a foundation of inequality, war, and Indigenous dispossession. In 2009 Dolores Preat went to a small Maya town in Guatemala to find her birth mother. At the address retrieved from her adoption file, she was told that her supposed mother, one Rosario Colop Chim, never gave up a child for adoption--but in 1986 a girl across the street was abducted. At that house, Preat met a woman who strongly resembled her. Colop Chim, it turned out, was not Preat's mother at all, but a jaladora--a baby broker. Some 40,000 children, many Indigenous, were kidnapped or otherwise coercively parted from families scarred by Guatemala's civil war or made desperate by unrelenting poverty. Amid the US-backed army's genocide against Indigenous Maya, children were wrested from their villages and put up for adoption illegally, mostly in the United States. During the war's second decade, adoption was privatized, overseen by lawyers who made good money matching children to overseas families. Private adoptions skyrocketed to the point where tiny Guatemala overtook giants like China and Russia as a "sender" state. Drawing on government archives, oral histories, and a rare cache of adoption files opened briefly for war crimes investigations, Rachel Nolan explores the human toll of an international industry that thrives on exploitation. Would-be parents in rich countries have fostered a commercial market for children from poor countries, with Guatemala becoming the most extreme case. Until I Find You: Disappeared Children and Coercive Adoptions in Guatemala (Harvard UP, 2024) reckons with the hard truths of a practice that builds loving families in the Global North out of economic exploitation, endemic violence, and dislocation in the Global South.Rachel Nolan is Contributing Editor at Harper’s Magazine and has written for the New Yorker, the London Review of Books, the New York Times, the New York Review of Books, and the Salvadoran investigative news outlet El Faro. She is Assistant Professor of International Relations at Boston University.Katie Coldiron is the Outreach Program Manager for the Digital Library of the Caribbean (dLOC) and PhD student in History at Florida International University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A provocative chronicle of how US public health has strayed from its liberal roots.The Covid-19 response was a crucible of politics and public health—a volatile combination that produced predictably bad results. As scientific expertise became entangled with political motivations, the public-health establishment found itself mired in political encampment.It was, as Sandro Galea argues, a crisis of liberalism: a retreat from the principles of free speech, open debate, and the pursuit of knowledge through reasoned inquiry that should inform the work of public health.Across fifty essays, Within Reason: A Liberal Public Health for an Illiberal Time (U Chicago Press, 2023) chronicles how public health became enmeshed in the insidious social trends that accelerated under Covid-19. Galea challenges this intellectual drift towards intolerance and absolutism while showing how similar regressions from reason undermined social progress during earlier eras. Within Reason builds an incisive case for a return to critical, open inquiry as a guiding principle for the future public health we want—and a future we must work to protect. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In recent years, government agencies around the world have been forced to consider the role of competition law and policy in addressing various crises, including the COVID-19 pandemic and the 2008 financial collapse. There is no easy formula that a competition agency can apply to determine the appropriate response to a crisis; indeed, there is substantial debate about the issue. One common criticism of competition law and policy is that usually it is too inflexible to deal with a crisis, prohibiting an adequate response to economic and industrial shocks. Bruce Wardhaugh's Competition Law in Crisis: The Antitrust Response to Economic Shocks (Cambridge UP, 2022) challenges this notion by examining competition responses to crises past and present. With an analysis that spans the response of UK and EU competition authorities to the economic and commercial fallout of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis, Professor Wardhaugh argues that relaxing competition law is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions.Mark Niefer is a lawyer and economist who has served the Antitrust Division of the U.S. Department of Justice in a variety of key roles over the last 25+ years. He presently is an International Advisor at the Antitrust Division, focused on digital market issues; he also is an Adjunct Professor of Law at Antonin Scalia Law School - George Mason University, where he teaches an advanced antitrust seminar on mergers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During British colonial rule in India, the treatment of high-caste Hindu widows became the subject of great controversy. Such women were not permitted to remarry and were offered two options: a life of seclusion and rigorous asceticism or death on the funeral pyre of a deceased husband. Was this a modern development, or did it date from the classical period? In Widows Under Hindu Law (Oxford UP, 2023), David Brick offers an exhaustive history of the treatment and status of widows under classical Hindu law, or Dharmasastra as it is called in Sanskrit, which spanned approximately the third century BCE to the eighteenth-century CE.Under Dharmasastra, Hindu jurists treated at length and at times hotly debated four widow-related issues: widow remarriage and levirate, a widow's right to inherit her husband's estate, widow-asceticism, and sati. Each of the book's chapters examine these issues in depth, concluding with an appendix that addresses a widow's right to adopt a son-a fifth widow-related issue that became the topic of discussion in late Dharmasastra works and was a significant point of legal contentions during the colonial period. When read critically and historically, works of Dharmasastra provide a long and detailed record of the prevailing legal and social norms of high-caste Hindu society. Widows Under Hindu Law uses lengthy English translations of important passages from Hindu legal texts to present a largescale narrative of the treatment of widows under the Hindu legal tradition.This book is available open access here. During British colonial rule in India, the treatment of high-caste Hindu widows became the subject of great controversy. Such women were not permitted to remarry and were offered two options: a life of seclusion and rigorous asceticism or death on the funeral pyre of a deceased husband. Was this a modern development, or did it date from the classical period? Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since the late 1970s, Right to Farm Laws have been adopted by states across the US to limit nuisance lawsuits against farmers engaged in standard agricultural practices. But who really benefits from Right to Farm Laws? And what can be done to promote real agricultural, rural, and environmental justice? Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm (UNC Press, 2023) offers valuable history and incisive commentary on these questions.Since their adoption, there has yet to be a comprehensive analysis of what Right to Farm laws do and who they benefit. This book offers the first national analysis and guide to these laws. It reveals that they generally benefit the largest operators, like processing plants, while traditional farmers benefit the least. Disfavored most of all are those seeking to defend their homes and environment against multinational corporations that use right-to-farm laws to strip neighboring owners of their property rights. Through what the book calls the "midburden," right-to-farm laws dispossess the many in favor of the few, paving the path to rural poverty.Empty Fields, Empty Promises summarizes every state's right-to-farm laws to help readers track and navigate their local and regional legal landscape. The book concludes by offering paths forward for a more distributed and democratic agrifood system that achieves agricultural, rural, and environmental justice.The book is available for purchase or for FREE as an Open Access eBook from the University of North Carolina Press. Loka Ashwood is associate professor of sociology at the University of Kentucky. Her work develops action-centered methodologies that help frontline communities overcome environmental injustices and strengthen democracy. She is the author of For-Profit Democracy: Why the Government Is Losing the Trust of Rural America (2018) and co-author of An Invitation to Environmental Sociology (6th Edition, 2020). Aimee Imlay is assistant professor of sociology at Mississippi State University. Lindsay Kuehn is a public defender in Ramsey County, Minnesota, and a staff attorney with the Farmers' Legal Action Group. Allen Franco is an assistant federal public defender for the districts of Massachusetts, New Hampshire, and Rhode Island. Danielle Diamond is a visiting fellow at the Brooks McCormick Jr. Animal Law and Policy Program at Harvard Law School. Garrett Broad is Associate Professor of Communication Studies in Rowan University’s Edelman College of Communication & Creative Arts, where he also serves as Provost’s Fellow in the Catalysts for Sustainability Initiative. His research and teaching explore the connections between contemporary social movements, food systems, and digital media technology. He is the author of More Than Just Food: Food Justice and Community Change, as well as a variety of articles on food's relationship to environmental sustainability, economic equity, and the health of humans and nonhuman animals. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalisation and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries. In Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets (Princeton University Press, 2023), Dr. Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets.Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Dr. Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.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

Robert C. Post's book The Taft Court (10): Making Law for a Divided Nation, 1921–1930 (Cambridge UP, 2023) offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law