New Books in Law

In Since Time Immemorial: Native Custom and Law in Colonial Mexico (Duke UP, 2023), Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom—social practice that through time takes on the normative power of law—acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents. By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.Joaquín Rivaya-Martínez es profesor de Historia en Texas State University. Sus intereses académicos incluyen la etnohistoria, los pueblos indígenas de las Grandes Llanuras y el Suroeste de EE.UU., la frontera México-EE.UU. y la América hispánica. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Disability Pride: Dispatches from a Post-ADA World (Beacon, 2022), disabled journalist Ben Mattlin weaves together interviews and reportage to introduce a cavalcade of individuals, ideas, and events in engaging, fast-paced prose. He traces the generation that came of age after the ADA reshaped America, and how it is influencing the future. He documents how autistic self-advocacy and the neurodiversity movement upended views of those whose brains work differently. He lifts the veil on a thriving disability culture--from social media to high fashion, Hollywood to Broadway--showing how the politics of beauty for those with marginalized body types and facial features is sparking widespread change.He also explores the movement's shortcomings, particularly the erasure of nonwhite and LGBTQIA+ people that helped give rise to Disability Justice. He delves into systemic ableism in health care, the right-to-die movement, institutionalization, and the scourge of subminimum-wage labor that some call legalized slavery. And he finds glimmers of hope in how disabled people never give up their fight for parity and fair play.Beautifully written, without anger or pity, Disability Pride is a revealing account of an often misunderstood movement and identity, an inclusive reexamination of society's treatment of those it deems different. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power (Cambridge UP, 2021), Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.Jake Chanenson is a computer science Ph.D. student at the University of Chicago and an AY23-24 affiliate at the Center for Information, Technology, and Public Life (CITAP). Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this interview, I speak with Marion Holmes Katz about her latest book Wives and Work: Islamic Law and Ethics Before Modernity (Columbia UP, 2022). This fascinating book explores the question of wives’ domestic responsibilities from a Sunni Islamic legal perspective, covering scholarship from the ninth to the fourteenth centuries. The book addresses questions such as, does the wife have the obligation to provide housework? What counts as housework? And if it is true that the wife is not obligated to perform any household labor, as many western Muslims believe, how did the Muslim tradition reconcile this ruling with the anecdote involving Fatima’s request to the Prophet Muhammad for help with household work because she is overworked? And how did Muslim scholars reconcile this idea with what they understood to be morally, culturally, or religiously correct behavior from a woman? If the wife does choose to perform housework, is she entitled to compensation from her husband? For most Muslim scholars historically, answers to these questions involved distinguishing between ethical ideals and legal claims. Katz shows, for instance, that the discourse on women’s household labor evolves with time, context, geographical location, such that, for example, in the formative period, it was widely accepted that wives are not obligated to perform any household chores, but by the time we get to the 14th century, this doctrine is challenged. Overall, then, not only do scholarly views expectedly disagree with each other, but also, scholars are less interested in providing a set of generic rules about wifely duties and more in encouraging the fulfillment of duties as they’re understood in one’s own social location.In our conversation today, we discuss the book’s main contributions and its origins; a hadith report describing an incident about Fatima’s request to Muhammad for domestic help; what exactly domestic service means and who is required or obligated to provide it—and what that obligation means; what exactly is so ethical about household work, since this discourse is rooted in ethics for Muslim scholars; and how male scholars have historically treated domestic service. We end with some thoughts on discussions about Islamic law and domestic service from a class perspective; for example, where do poor men and poor wives fit into this discussion? What are their rights? Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kevin Vallier is a philosophy professor and author of All the Kingdoms of the World: On Radical Religious Alternatives to Liberalism (Oxford UP, 2023), a new book about Catholic Integralism, a mostly online intellectual movement that thinks the church should take over the state, something that made sense fifteen hundred years ago after the collapse of the Roman Empire, but not so much day in our pluralistic, democratic age. Professor Vallier’s goal is to help us all talk together with patience and grace (which includes really listening) to people we disagree with and regard as eccentric. So why not talk it over on Almost Good Catholics? Kevin Vallier’s faculty website at Bowling Green University, Ohio. Kevin Vallier’s personal website. Kevin Vallier’s blogs at Reconciled. Fr James Rooney, OP, critiques Integralism, in the Intellectual Catholicism podcast with Suan Sonna. “What is Integralism, Anyway?” by Charlie Camosy, at the Pillar. Krzysztof Odyniec is a historian of Medieval and Early Modern Europe; he is also the host of the 'Almost Good Catholics' podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sarah Coleman, an historian at Texas State University, is the author of an important and topical book about immigration policy in the United States. The Walls Within: The Politics of Immigration in Modern America (Princeton UP, 2023) focuses much less on the often-discussed physical border between the United States and other countries, and more so on the internal touchpoints where immigration federalism takes place. Coleman does a number of things in this book, including providing a fascinating overview of immigration policies and prohibitions throughout U.S. history, but not in a linear mode—instead, she integrates the historical record into the discussion of the domestic policies that were developed over the past 70 years. These policies are the central focus of the book, since it is the structure, execution, and implementation of these policies that constrain and impact citizens and non-citizens in the United States. The Walls Within examines education policy and court decisions, labor policy and the debate about employer sanctions, welfare policy and questions of immigrant contributions and benefits, and, finally, civil liberties and localized immigration enforcement regimes.Given the current political debate around immigration, the complexity of the politics within and around that debate, and the constantly looming image of “the wall” at the southern border, Coleman’s book explains and clarifies so much of the history, political conversations, policies, and implementation of immigration inside the United States. Sifting through demographic changes, economic shifts, congressional legislation, and court challenges, Coleman weaves together the different policies and outcomes, and the different forms of enforcement. This is what contributes to immigration federalism, since restrictions, prohibitions, and denial of opportunities generally happen at a state or local level. Thus, where immigration policy is actually touching people—citizens and non-citizens alike—is not, per se, where a Border Control officer examines a passport or a document, but in implementing sanctions against employers or in denying a second-grader breakfast before school. The exploration of these touchpoints highlights the themes running through The Walls Within: political culture, electoral politics, and political economy. Coleman notes that there are approximately 24 million immigrants in the United States, and about half that number are unauthorized. Most of the unauthorized immigrants are not coming across either the northern or southern border of the United States but are overstaying visas. Thus, the imaginary that often wraps around these questions is disconnected from the reality of authorized and unauthorized immigration in the United States. The Walls Within: The Politics of Immigration in Modern America works to clarify our current situation and how we ended up where we are, while also explaining the policies and actions that were put into place along the way and how those policies and actions shape the actual immigration landscape in the U.S.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

Ownership of Knowledge: Beyond Intellectual Property (MIT Press, 2023) provides a framework for knowledge ownership that challenges the mechanisms of inequality in modern society.Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schäfer, Annapurna Mamidipudi, and Marius Buning propose technology as a central heuristic for studying the many implications of knowledge ownership.Toward this end, they focus on the notions of knowledge and ownership in courtrooms, workshops, policy, and research practices, while also shedding light on scholarship itself as a powerful tool for making explicit the politics inherent in knowledge practices and social order. The book presents case studies showing how diverse knowledge economies are created and how inequalities arise from them. Unlike scholars who have fragmented this discourse across the disciplines of anthropology, sociology, and history, the editors highlight recent developments in the emerging field of the global history of knowledge—as science, as economy, and as culture. The case studies reveal how notions of knowing and owning emerge because they reciprocally produce and determine each other's limits and possibilities; that is, how we know inevitably affects how we can own what we know; and how we own always impacts how and what we are able to know.Jen Hoyer is Technical Services and Electronic Resources Librarian at CUNY New York City College of Technology. Jen edits for Partnership Journal and organizes with the TPS Collective. She is co-author of What Primary Sources Teach: Lessons for Every Classroom and The Social Movement Archive. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hairdresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP’s Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary.Civil Rights Queen: Constance Baker Motley and the Struggle for Equality (Knopf Doubleday, 2023) captures the story of a remarkable American life, a figure who remade law and inspired the imaginations of African Americans across the country. Burnished with an extraordinary wealth of research, award-winning, esteemed Civil Rights and legal historian and dean of the Harvard Radcliffe Institute, Tomiko Brown-Nagin brings Motley to life in these pages. Brown-Nagin compels us to ponder some of our most timeless and urgent questions–how do the historically marginalized access the corridors of power? What is the price of the ticket? How does access to power shape individuals committed to social justice? In Civil Rights Queen, she dramatically fills out the picture of some of the most profound judicial and societal change made in twentieth-century America. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There was a time when French people put up picture of Marshal Philippe Petain on their walls. He is a figure of immeasurable stature to the country of France. Victor of Verdun, a one-time minister of war, and finally, a traitor to his country. Or was he? Did Petain allow the stain of collaboration to tarnish his reputation, or did he use his figure to guard the French people from worse Nazi atrocities during the Vichy era? The answer to those questions would divide France in the years following World War II. The trial of Petain, which took place during a humid July in 1945, would leave some venerating the figure of Petain while others looked upon him as betrayer of the French people.Professor Julian Jackson, is professor emeritus of history with Queen Mary University of London. His latest work is France on Trial: The Case of Marshal Pétain published by Harvard University Press in 2023, covers the political trial of Marshal Petain for treason. Dr. Jackson has authored an award-winning biography of Charles de Gaulle and other works on the history of modern France including his next work an exploration of the life of Andre Gide.Rick Northrop is an ex-journalist and undergraduate student in Calgary, Alberta Canada. He can be reached at rnorthrop2001@gmail.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For more than a century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British Empire. Set against the tumult of the postwar period, Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942-1962 (Stanford UP, 2023) centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires.Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.Kalyani Ramnath is an Assistant Professor of History at the University of Georgia, with research and teaching interests in legal history, histories of migration and displacement, transnational history, and questions of archival method.Kelvin Ng is a PhD candidate at the Department of History at Yale University. His research work brings together the social history of migration and the intellectual history of internationalism in four linked Indian Ocean spaces: British India, Republican China, British Malaya, and the Dutch East Indies. His dissertation examines three intertwined strands of anti-imperial thought—communist internationalism, pan-Islamism, and anti-caste radicalism—in relation to an oceanic political economy of unfree labor and uneven development.Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law, the occult sciences, and the environment across the Western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law