New Books in Law

Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when should the US government protect the free speech of liars?In Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation (Johns Hopkins UP, 2023), law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and the January 6, 2021, insurrection on the Capitol building, Kosseff argues that even though lies can inflict huge damage, US law should continue to protect them. Liar in a Crowded Theater explores both the history of protected falsehoods and where to go from here.Drawing on years of research and thousands of pages of court documents in dozens of cases―from Alexander Hamilton's enduring defense of free speech to Eminem's victory in a lawsuit claiming that he stretched the truth in a 1999 song―Kosseff illustrates not only why courts are reluctant to be the arbiters of truth but also why they're uniquely unsuited to that role. Rather than resorting to regulating speech and fining or jailing speakers, he proposes solutions that focus on minimizing the harms of misinformation. If we want to seriously address concerns about misinformation and other false speech, we must finally exit the crowded theater.Jeff Kosseff is an associate professor of cybersecurity law at the United States Naval Academy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The American public’s confidence in the United States Supreme Court is a historic low – in part based on a belief that the Supreme Court is increasingly behaving as a partisan, political body. In Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023), legal scholar Aaron Tang argues that partisanship is not the best lens for understanding the Supreme Court. He focuses on overconfidence. According to Professor Tang, the legal arguments of both conservative and liberal justices have a tone of uncompromising certainty. As the Court “lurches stridently from one case to the next,” it delegitimizes opposing views and undermines public confidence in the Court itself.Restoring the Court’s public legitimacy requires the justices to adopt what Professor Tang calls a “least harm rule.” Examining a range of cases – from LGBTQ rights to immigration to juvenile justice – Tang demonstrates how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide the US. But this is not work exclusively for the justices. Reform depends on the voters. They must elect representatives who pass legislation that clarifies the public will for the Supreme Court – and consider ways that they can use “private ordering” to assert their rights without the Court.Professor Aaron Tang (he/him) is a law professor at the University of California, Davis, and a former law clerk to Supreme Court Justice Sonia Sotomayor. He is a frequent commentator about the Supreme Court whose op-eds appear in the New York Times, Los Angeles Times, Washington Post, Slate, The Atlantic, and elsewhere.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

In A Is for Arson: A History of Vandalism in American Education (Cornell UP, 2023), Campbell F. Scribner sifts through two centuries of debris to uncover the conditions that have prompted school vandalism and to explain why attempts at prevention have inevitably failed. Vandalism costs taxpayers hundreds of millions of dollars every year, as students, parents, and even teachers wreak havoc on school buildings. Why do they do it? Can anything stop them? Who should pay for the damage? Underlying these questions are long-standing tensions between freedom and authority, and between wantonness and reason. Property destruction is not simply a moral failing, to be addressed with harsher punishments, nor can the problem be solved through more restrictive architecture or policing. Scribner argues that education itself is a source of intractable struggle, and that vandalism is often the result of an unruly humanity. To understand schooling in the United States, one must first confront the all-too-human emotions that have led to fires, broken windows, and graffiti. A Is for Arson captures those emotions through new historical evidence and diverse theoretical perspectives, helping readers understand vandalism variously as a form of political conflict, as self-education, and as sheer chaos. By analyzing physical artifacts as well as archival sources, Scribner offers new perspectives on children's misbehavior and adults' reactions and allows readers to see the complexities of education—the built environment of teaching and learning, evolving approaches to youth psychology and student discipline—through the eyes of its often resistant subjects.Cambell F. Scribner is a scholar of educational policy, history, and philosophy at the University of Maryland. Max Jacobs is a PhD student in education at Rutgers University. He currently sits on the Graduate Student Council for the History of Education Society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During the years between the Civil War and World War II, police in New York City struggled with how to control a diverse metropolis. In Police and the Empire City: Race and the Origins of Modern Policing in New York (Duke UP, 2023), Matthew Guariglia tells the history of the New York Police Department to show how its origins were built upon and inseparably entwined with the history of race, ethnicity, and whiteness in the United States. Guariglia explores the New York City Police Department through its periods of experimentation and violence as police experts imported tactics from the US occupation of the Philippines and Cuba, devised modern bureaucratic techniques to better suppress Black communities, and infiltrated supposedly unknowable immigrant neighborhoods. Innovations ranging from recruiting Chinese, Italian, and German police to form “ethnic squads” to the use of deportation and federal immigration restrictions to control local crime—even the introduction of fingerprinting—were motivated by attempts to govern a multiracial city. Campaigns to remake the police department created an urban landscape where power, gender, sexuality, race, ethnicity, crime, and bodies collided and provided a foundation for the supposedly color-blind, technocratic, federally backed, and surveillance-based policing of today.Jeffrey Lamson is a PhD student in world history at Northeastern University. His research focuses on the history of police technology, its relationship to the history of police reform, and its place at the intersection of U.S. domestic policing and global counterinsurgency. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Note: This episode contains a discussion of suicide. A list of resources is available below. In Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide (Temple UP, 2023), Alexandre Baril argues that suicidal people are oppressed by what he calls structural suicidism, a hidden oppression that, until now, has been unnamed and under-theorized. Each year, suicidism and its preventionist script and strategies reproduce violence and cause additional harm and death among suicidal people through forms of criminalization, incarceration, discrimination, stigmatization, and pathologization. This is particularly true for marginalized groups experiencing multiple oppressions, including queer, trans, disabled, or Mad people.Undoing Suicidism questions the belief that the best way to help suicidal people is through the logic of prevention. Alexandre Baril presents the thought-provoking argument that supporting assisted suicide for suicidal people could better prevent unnecessary deaths. Offering a new queercrip model of (assisted) suicide, he invites us to imagine what could happen if we started thinking about (assisted) suicide from an anti-suicidist and intersectional framework. Baril provides a radical reconceptualization of (assisted) suicide and invaluable reflections for academics, activists, practitioners, and policymakers.An open access edition of Undoing Suicidism, made available by the Faculty of Social Sciences at the University of Ottawa, is available here.Alexandre Baril (abaril@uOttawa.ca) is Associate Professor at the University of Ottawa. His work is situated at the crossroads of gender, queer, trans, disability/crip/Mad studies, critical gerontology and critical suicidology. His commitment to equity has earned him awards for his involvement in queer, trans and disabled communities, including the Canadian Disability Studies Association Tanis Doe Francophone Award, and the Equity, Diversity and Inclusion President’s Award at the University of Ottawa. A prolific author who won the Young Researcher Award from the Faculty of Social Sciences at the University of Ottawa (2023), he has given over 200 presentations at the international level and has over 80 publications.Resources:SAFE HOTLINES and ONLINE SUPPORT GROUPS: Trans LifeLine (trans/non-binary): 1-877-330-6366 (Canada) and 1-877-565-8860 (USA) Autisme Soutien: Online support for autistic people (French Canada) BlackLine (BIPOC): 1-800-604-5841 (USA) REGULAR HOTLINES (might trace your call and contact emergency services): Talk Suicide Canada: 1-833-456-4566 Suicide.ca (Québec): 1-866-APPELLE The Hope for Wellness Helpline (Indigenous people in Canada): 1-855-242-3310 The Samaritains (USA): 1-212-673-3000 A full transcript of the interview is available for accessibility.Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States has long been associated with a very harsh criminal justice system with, in some cases, people serving long sentence for minor crimes. But attempts to reform the system have proven very difficult. In her new book Reform Nation: The First Step Act and the Movement to End Mass Incarceration (Stanford UP, 2023), Colleen P. Eren explains why. Listen to her in conversation with Owen Bennett Jones.Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/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