New Books in 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

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

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

Because immigration is such a recurring-and divisive-topic in the United States, it is easy to assume that we understand what it means for an immigrant to live under the specter of surveillance and punishment. It is easy to assume, as many scholars and journalists do, that undocumented immigrants live on the run from the authorities, constantly fleeing to the margins of daily life, staying in the shadows beneath the eyes of the law. And yet, while it is certainly true that immigrants are constantly faced with mechanisms of surveillance that function as tools of societal exclusion, this only tells part of the story. In Engage and Evade: How Latino Immigrant Families Manage Surveillance in Everyday Life (Princeton UP, 2023), Asad L. Asad show, many people with a sanctionable status cannot-and, in some cases, do not want to-evade surveilling institutions or the formal records they generate: evading the institutions that keep formal records is a luxury that most immigrants (especially those with children) cannot afford. In Engage and Evade, Asad uses a wealth of interviews and ethnographic observations collected in Dallas County, Texas, bolstered and contextualized by original analyses of national survey data, to explore whether, how, and why immigrants engage with surveilling institutions. Presenting the stories of immigrants living in mixed-status families in which at least two members of the household have different legal statuses, and focusing especially on the experiences of immigrant parents, Asad argues that engagement with such institutions stems as much from hope for societal inclusion as it does from fear of exclusion. By paying attention to the ways in which immigrants make sense of, pursue, and use the records that result from these engagements, Asad reveals a variety of ways these individuals reinforce or resist their sanctionable status through the state's own surveillance.Kendall Dinniene is a PhD candidate in English at Southern Methodist University in Dallas, Texas. Their dissertation will examine how American fiction variously affirms, complicates, and resists dominant notions of fatness, and reveals how these notions are intertwined with and produce ideas about race, gender, sexuality, health, (dis)ability, criminality, and national identity. Their work relies upon queer theory, crip theory, Black feminism, and fat studies scholarship alongside literary criticism to argue that how we understand fatness is crucial to the way we understand (and make) our world. 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

Self-Declaration in the Legal Recognition of Gender (Routledge, 2023) is a socio-legal study that offers a critique of what it means to self-declare with regard to legal gender. Based on empirical research conducted in Denmark, the book engages in some of the most controversial issues surrounding trans and gender diverse rights. The theoretical analysis draws upon legal consciousness, affect theory, vulnerability and governmentality, to cross jurisdictional boundaries between law and medicine. The book reflects on the limits of progress that legislative reform may make, and the way that increased regulation can actually limit access to rights protections. Broadly transferrable beyond its specific field, this book will be useful to socio-legal scholars, feminist scholars, trans scholars, policy makers and practitioners.Dr Chris Dietz is a Lecturer at the Centre for Law & Social Justice at The University of Leeds. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Disability, Care and Family Law (Routledge 2021) examines the issues at the intersection of disability, care and family law. Professors Beverley Clough and Jonathan Herring challenge dominant narratives in family law, which disadvantage people with disabilities. The book enables the questioning of structural norms in policy and society which situates disability as private familial concern. It calls to the forefront marginalised voices to unveil complexities in seemingly neutral laws when applied to people with disabilities. The book engages with highly topical issues - for example, mothering a child who is in prison and is disabled, children who care for their disabled parents, deprivations of liberty of children with disabilities, and more. By bringing these complex issues together, the book moves beyond the dyad between care and disability relations in the context of family law. This is an important book for disability lawyers, family lawyers and scholars of vulnerability, care theory and relational theory. It will have significant implications for policy makers and practitioners. Professor Beverley Clough is a Professor of Law and Social Justice at Manchester Metropolitan University. She is also the author of The Spaces of Mental Capacity Law: Moving Beyond Binaries.Professor Jonathan Herring is the DM Wolfe-Clarendon Fellow in Law, Exeter College, University of Oxford. He is the author of several monographs, including The Right To Be Protected From Committing Suicide.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Two blockbuster cases came down in June of 2022. The Dobbs decision overturned Roe v. Wade and New York State Rifle & Pistol Association v. Bruen substantially expanded Second Amendment rights and limited the power of states to regulate concealed carry of firearms. Bruen affected thousands of Americans who have had their laws overturned and radically changed the method by which federal judges evaluate firearms law. Two remarkable scholars of the Second Amendment and firearms law explain how law makers, law enforcers, and federal courts have responded. They discuss differences among the conservative justices that produced this fragile holding, the growing dependence on history but disdain for historians, how the Bruen approach hurts laws involving domestic violence or controlled substances, the problem of overreading historical silences, and the ways violence may be addressed through community violence intervention, free markets, etc. – in ways SCOTUS cannot control.Jacob Charles is an Associate Professor of Law, Pepperdine Caruso School of Law – a constitutional law scholar focusing on the Second Amendment and firearms law. Before joining the faculty Pepperdine, he served as the inaugural executive director of the Center for Firearms Law at Duke University School of Law. He has a terrific new piece coming out in the Duke Law Journal called “The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History.” Jake combines ambitious academic scholarship in law journals with public facing work for outlets such as the Washington Post, Los Angeles Times, Slate, The Hill, Bloomberg Law, and other outlets. Besides being a great friend to this podcast, he has been quoted in the New York Times, CNN, and NPR.Dru Stevenson is the Wayne Fischer Research Professor at South Texas College of Law Houston. Professor Stevenson joined the faculty in 2003 after a law career that included practicing as a Legal Aid lawyer in Connecticut and serving as an Assistant Attorney General for the State of Connecticut. His publications cover topics ranging from criminal law to civil procedure, with an emphasis on the intersection of law with economics and linguistic theory. His articles have been cited in leading academic journals and treatises, by federal and state appellate courts, and in recent briefs to the U.S. Supreme Court. Professor Stevenson’s current research focus is firearm law and policy. His “Revisiting the Original Congressional Debates About the Second Amendment” provides a missing analyses of the debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms.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