New Books in Law

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.Anthony B. Sanders' book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters (U Michigan Press, 2023) is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bookshop.org is an online book retailer that donates more than 80% of its profits to independent bookstores. Launched in 2020, Bookshop.org has already raised more than $27,000,000. In this interview, Andy Hunter, founder and CEO discusses his journey to creating one of the most revolutionary new organizations in the book world. Bookshop has found a way to retain the convenience of online book shopping while also supporting independent bookstores that are the backbones of many local communities. Andy Hunter is CEO and Founder of Bookshop.org. He also co-created Literary Hub.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

The concept of madness as a challenge to communities lies at the core of legal sources. Aleksandra Pfau, Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France (Amsterdam University Press, 2020) considers how communal networks, ranging from the locale to the realm, responded to people who were considered mad. The madness of individuals played a role in engaging communities with legal mechanisms and proto-national identity constructs, as petitioners sought the king’s mercy as an alternative to local justice. The resulting narratives about the mentally ill in late medieval France constructed madness as an inability to live according to communal rules. Although such texts defined madness through acts that threatened social bonds, those ties were reaffirmed through the medium of the remission letter. The composers of the letters presented madness as a communal concern, situating the mad within the household, where care could be provided. Those considered mad were usually not expelled but integrated, often through pilgrimage, surveillance, or chains, into their kin and communal relationships. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2019, nearly two-thirds of domestic violence homicides in the United States were committed with a gun. On average, three women are killed by a current or former partner every day in the United States. Between 1980 and 2014, more than half of women killed by intimate partners were killed with guns. Domestic violence affects children, friends, neighbors, peace officers, the abusers themselves, and society as a whole. This fall, the United States Supreme Court will hear a Second Amendment case (United States v. Rahimi) that may affect whether Congress or state legislatures may pass laws to mitigate domestic violence. To unpack what we know about the effect of firearms on intimate partner violence, Postscript brings you two nationally recognized experts on public health and firearms and an attorney who helped assembled an amicus brief for the Supreme Court.Dr. Shannon Frattoroli, PhD, MPH, is Professor at the Johns Hopkins Bloomberg School of Public Health. She is affiliated with the Johns Hopkins Center for Gun Violence Solutions. Her scholarship focuses on how to translate evidence about injury and violence prevention into policies and practices that create safe places for people to thrive. She is a leader on both research and practice efforts to implement firearm dispossession, provisions of domestic violence restraining orders, and the new extreme risk protection order laws (often called “red flag laws”). Policy creation and implementation are crucial components of her research.Dr. April M. Zeoli, PhD, MPH is Associate Professor of Health Management at the University of Michigan's School of Public Health and also the Policy Core Director at their Institute for Firearm Injury Prevention. Her research focuses on the impact of state-level firearm safety laws on interpersonal firearm violence. She studies domestic violence-related firearm restrictions, such as laws that require or allow firearm restrictions on domestic violence restraining orders. She has particular interest in outcomes (for example reductions in violence, including suicide and intimate partner homicide) and how local implementation affects these outcomes. She is dedicated to using science to create and enforce policy that reduces firearm violence. Kelly Roskam, JD, is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She served as the Legal Director of the Educational Fund to Stop Gun Violence and has published on gun violence restraining orders, most recently work highlighting the practical implications of the Rahimi case (e.g., she co-authored “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” with her colleague at Johns Hopkins, Spencer Cantrell and Natalie Nanasi at SMU-Dedman).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

Based on ethnographic research with victims of intimate partner violence since 2014, Tiantian Zheng's Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China (Bloomsbury, 2022) brings to the forefront women's experiences of, negotiations about, and contestations against violence, and men's narratives about the reasons for their violence. Using an innovative methodology - online chat groups, it foregrounds the role of history, structural inequalities, and the cultural system of power hierarchy in situating and constructing intimate partner violence. Centering on men and women's narratives about violence, this book connects intimate partner violence with invisible structural violence - the historical, cultural, political, economic, and legal context that gives rise to and perpetuates violence against women. Through examining the ways in which women's lives are constrained by various forms of violence, hierarchy, and inequality, this book shows that violence against women is a structural issue that is historically produced and politically and culturally engaged.Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On September 1, 1967, one of the Third Reich's most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the "Bitch of Buchenwald," Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in "bestial" sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch--and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large--diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich's crimes.Ilse Koch on Trial: Making the 'Bitch of Buchenwald' (Harvard UP, 2023) reveals how gendered perceptions of violence and culpability drove Koch's zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and "good womanly behavior." Koch's "sexual barbarism," though treated as an emblem of the Third Reich's depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/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