New Books in Law

In Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia (University of Toronto Press, 2023), Dr. Javier García Oliva and Dr. Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory.The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

At the opening of the twentieth century, labor strife repeatedly racked the nation. Union organization and collective bargaining briefly looked like a promising avenue to stability. But both employers and many middle-class observers remained wary of unions exercising independent power.In The Bosses' Union: How Employers Organized to Fight Labor Before the New Deal (U Illinois Press, 2023), Vilja Hulden reveals how this tension provided the opening for pro-business organizations to shift public attention from concerns about inequality and dangerous working conditions to a belief that unions trampled on an individual's right to work. Inventing the term closed shop, employers mounted what they called an open-shop campaign to undermine union demands that workers at unionized workplaces join the union. Employer organizations lobbied Congress to resist labor's proposals as tyrannical, brought court cases to taint labor's tactics as illegal, and influenced newspaper coverage of unions. While employers were not a monolith nor all-powerful, they generally agreed that unions were a nuisance. Employers successfully leveraged money and connections to create perceptions of organized labor that still echo in our discussions of worker rights.Vilja Hulden is an historian of the United States and a teaching associate professor at the Department of History at the University of Colorado Boulder whose work focuses on social and labor history around the turn of the twentieth century.Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dennis Rasmussen’s new book, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter (UP of Kansas, 2023), is a propulsive analysis of one of the key members of the Founding generation, Gouverneur Morris of New York and Pennsylvania. Morris is quite a character—from his reputation as a lady’s man to his brilliant speeches at the Constitutional Convention in Philadelphia in 1787. Rasmussen has pulled together archival research on Morris along with historical and political context to understand the Constitution’s penman, since Morris was responsible for writing the draft of the document that would become the U.S. Constitution.Gouverneur Morris was a fascinating fellow—and his exploits were well known among his peers and colleagues. Morris, who had been educated at King’s College (now Columbia), and had become a lawyer, made much of his fortune in land speculation. He was active during the Revolutionary War, especially in helping to manage payment and supplies to the troops fighting for the new country. Morris, like Jefferson and Adams, also represented the United States abroad, particularly in France during the revolutionary period there. His capacity to negotiate through the factions during the French Revolution was vital to the United States since he was able to protect both American citizens and U.S. interests in France. Morris’s diplomatic and political expertise was in sharp relief during this period in France. As a Federalist Morris also served in the U.S. Senate, elected in 1800 as the Jeffersonians were coming into office. He was at Alexander Hamilton’s deathbed with him after Hamilton’s duel with Burr. But the central action of The Constitution’s Penman is during the constitutional convention in Philadelphia in 1787.Rasmussen lays out all of the ways that Morris had a hand in the creation of the American constitutional system, even though he was absent from the convention in the early going in June. The bulk of The Constitution’s Penman focuses on each section of the governing structure of the U.S. national system and draws out Morris’ role in shaping these parts of the American system. While some of Morris’ ideas were more extreme than others—including his thinking on the form that the U.S. Senate should take—his ideas and influence are clear throughout the document itself. Rasmussen digs into Morris’ speeches on the floor of the convention, his role in writing up the document—in which he pulled 23 articles into the seven articles that compose the United States Constitution—and his authorship of the Preamble itself. Rasmussen also focuses on Morris’ strident denunciation of slavery at the Convention and elsewhere, becoming, on some level, the Framers’ conscience on the issue of slavery.Dennis Rasmussen has written a book where the story truly dances off the page—and while Gouverneur Morris himself provides much of the content because of his cosmopolitan approach to life, his sharp wit and intelligence, and his interesting lifestyle—this is quite a compelling read.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From the overloaded courts with their constantly changing dates and appointments to the need to prove oneself the “right" kind of asylum seeker, the asylum system in the United States is an exacting and drawn-out immigration process that itself results in suffering. When anthropologist Rhoda Kanaaneh became a volunteer interpreter for Arab asylum seekers, she discovered how applicants learned to craft a specific narrative to satisfy the system's requirements.Kanaaneh tells the stories of four Arab asylum seekers who sought protection in the United States on the basis of their gender or sexuality: Saud, who relived painful memories of her circumcision and police harassment in Sudan and then learned to number and sequence these recollections; Fatima, who visited doctors and therapists in order to document years of spousal abuse without over-emphasizing her resulting mental illness; Fadi, who highlighted the homophobic motivations that provoked his arrest and torture in Jordan, all the while omitting connected issues of class and racism; and Marwa, who showcased her private hardships as a lesbian in a Shiite family in Lebanon and downplayed her environmental activism. The Right Kind of Suffering: Gender, Sexuality, and Arab Asylum Seekers in America (U Texas Press, 2023) is a compelling portrait of Arab asylum seekers whose success stories stand in contrast with those whom the system failed.Rhoda Kanaaneh has taught anthropology and gender and sexuality studies at Columbia University, American University, New York University, and Fordham University. She is the editor of Displaced at Home: Ethnicity and Gender Among Palestinians in Israel and author of Surrounded: Palestinian Soldiers in the Israeli Military and Birthing the Nation: Strategies of Palestinian Women in Israel.Alize Arıcan is a Society of Fellows Postdoctoral Scholar at Boston University and an incoming Assistant Professor of Anthropology at CUNY—City College, focusing on urban renewal, futurity, care, and migration. You can find her on Twitter @alizearican. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What it feels like: Visceral Rhetoric and the Politics of Rape Culture (Penn State Press, 2021) by Dr. Stephanie Larson interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Dr. Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Dr. Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to “science” and “hard evidence,” Dr. Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as “emotional.” But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.Demonstrating the communicative power of bodily feeling, Dr. Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Many people view the War on Drugs as a contemporary phenomenon invented by the Nixon administration. But as Dr. Andrew Monteith shows in Christian Nationalism and the Birth of the War on Drugs (NYU Press, 2023), the conflict actually began more than a century before, when American Protestants began the temperance movement and linked drug use with immorality.Dr. Monteith argues that this early drug war was deeply rooted in Christian impulses. While many scholars understand Prohibition to have been a Protestant undertaking, it is considerably less common to consider the War on Drugs this way, in part because racism has understandably been the focal point of discussions of the drug war. Antidrug activists expressed—and still do express--blatant white supremacist and nativist motives. Yet this book argues that racism was intertwined with religious impulses. Reformers pursued the “civilising mission,” a wide-ranging project that sought to protect “child races” from harmful influences while remodelling their cultures to look like Europe and the United States. Most reformers saw Christianity as essential to civilization and missionaries felt that banning drugs would encourage religious conversion and progress.This compelling work of scholarship radically reshapes our understanding of one of the longest and most damaging conflicts in modern American history, making the case that we cannot understand the War on Drugs unless we understand its religious origins.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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 year 1972 is often hailed as an inflection point in the evolution of women's rights. Congress passed Title IX of the Education Amendments of 1972, a law that outlawed sex-based discrimination in education. Many Americans celebrate Title IX for having ushered in an era of expanded opportunity for women's athletics; yet fifty years after its passage, sex-based inequalities in college athletics remain the reality. James N. Druckman and Elizabeth A. Sharrow's book Equality Unfulfilled: How Title IX's Policy Design Undermines Change to College Sports (Cambridge UP, 2023) explains why. The book identifies institutional roadblocks - including sex-based segregation, androcentric organizational cultures, and overbearing market incentives - that undermine efforts to achieve systemic change. Drawing on surveys with student-athletes, athletic administrators, college coaches, members of the public, and fans of college sports, it highlights how institutions shape attitudes toward gender equity policy. It offers novel lessons not only for those interested in college sports but for everyone seeking to understand the barriers that any marginalized group faces in their quest for equality.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In A Constitutional Culture: New England and the Struggle Against Arbitrary Rule in the Restoration Empire (U Pennsylvania Press, 2023), Adrian Chastain Weimer uncovers the story of how, more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.With the return of Charles II to the English throne in 1660, the puritan-led colonies faced enormous pressure to conform to the crown's priorities. Charles demanded that puritans change voting practices, baptismal policies, and laws, and he also cast an eye on local resources such as forests, a valuable source of masts for the English navy. Moreover, to enforce these demands, the king sent four royal commissioners on warships, ostensibly headed for New Netherland but easily redirected toward Boston. In the face of this threat to local rule, colonists had to decide whether they would submit to the commissioners' authority, which they viewed as arbitrary because it was not accountable to the people, or whether they would mobilize to defy the crown.Those resisting the crown included not just freemen (voters) but also people often seen as excluded or marginalized such as non-freemen, indentured servants, and women. Together they crafted a potent regional constitutional culture in defiance of Charles II that was characterized by a skepticism of metropolitan ambition, a defense of civil and religious liberties, and a conviction that self-government was divinely sanctioned. Weimer shows how they expressed this constitutional culture through a set of well-rehearsed practices--including fast days, debates, committee work, and petitions. Equipped with a ready vocabulary for criticizing arbitrary rule, with a providentially informed capacity for risk-taking, and with a set of intellectual frameworks for divided sovereignty, the constitutional culture that New Englanders forged would not easily succumb to an imperial authority intent on consolidating its power.Crawford Gribben is a professor of history at Queen’s University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Derk Venema's edited volume Supreme Courts Under Nazi Occupation (Amsterdam UP, 2022) is the first extensive treatment of leading judicial institutions under Nazi rule in WWII. It focusses on all democratic countries under German occupation, and provides the details for answering questions like: how can law serve as an instrument of defence against an oppressive regime? Are the courts always the guardians of democracy and rule of law? What role was there for international law? How did the courts deal with dismissals, new appointees, new courts, forced German ordinances versus national law? How did judges justify their actions, help citizens, appease the enemy, protest against injustice? Experts from all democracies that were occupied by the Nazis paint vivid pictures of oppression, collaboration, and resistance. The results are interpreted in a socio-legal framework introducing the concept of 'moral hygiene' to explain the clash between normative and descriptive approaches in public opinion and scholarship concerning officials' behaviour in war-time. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Indian Supreme Court was established nearly seventy-five years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the self-appointments process-known as the collegium-is just another 'old boy's network'. Building on nearly a decade of original empirical research, Aparna Chandra's book Court on Trial: A Data-Driven Account of the Supreme Court of India (India Viking, 2023) examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present data-driven suggestions for improving the effectiveness and integrity of the Court. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law