New Books in Law

The Letters and the Law: Legal and Literary Culture in Late Imperial Russia (Northwestern UP, 2022) explores the fraught relationship between writers and lawyers in the four decades following Alexander II's judicial reforms. Nineteenth-century Russian literature abounds in negative images of lawyers and the law. Literary scholars have typically interpreted these representations either as the common, cross‑cultural critique of lawyerly unscrupulousness and greed or as an expression of Russian hostility toward Western legalism, seen as antithetical to traditional Russian values. The Letters and the Law is the first book to frame the conflict in terms of the two professions' competition for cultural authority.Anna Schur combines historical research and literary analysis to argue that the first generations of Russian trial lawyers shaped their professional identity with an eye to the celebrated figure of the writer and that they considered their own activities to be a form of verbal art. A fuller understanding of writers' antipathy to the law, Schur contends, must take into account this overlooked cultural backdrop. Laced with the better‑known critique of the lawyer's legalistic proclivities and lack of moral principle are the writer's reactions to a whole network of explicit and implicit claims of similarity between the two professions' goals, methods, and missions that were central to the lawyer's professional ideal. Viewed in this light, writers' critiques of the law and lawyers emerge as a concerted effort at protecting literature's exclusive cultural status in the context of modernization and the rapidly expanding public sphere.The study draws upon a mix of well-known and rarely studied nineteenth-century authors and texts—with particular attention paid to Fyodor Dostoevsky and Mikhail Saltykov-Shchedrin—and on a wide range of nonliterary sources, including courtroom speeches, guides to forensic oratory, legal treatises, and specialized press.Anna Schur is a professor of English at Keene State College in New Hampshire. She is the author of Wages of Evil: Dostoevsky and Punishment (Northwestern University Press).Yelizaveta Raykhlina is a historian of Russia and Eurasia and holds a PhD from Georgetown University. She is a faculty member at New York University. To learn more, visit her website or follow her on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Patriarchal forces of law, finance, and social custom restricted women’s rights and agency in revolutionary America. Yet women in this period exploited these confines, transforming constraints into vehicles of female empowerment. Through a close reading of thousands of legislative, judicial, and institutional pleas across seventy years of history in three urban centers, Jacqueline Beatty illustrates the ways in which women in the revolutionary era asserted their status as dependents, demanding the protections owed to them as the assumed subordinates of men. In so doing, they claimed various forms of aid and assistance, won divorce suits, and defended themselves and their female friends in the face of patriarchal assumptions about their powerlessness. Ultimately, women in the revolutionary era were able to advocate for themselves and express a relative degree of power not in spite of their dependent status, but because of it.Their varying degrees of success in using these methods, however, was contingent on their race, class, and socio-economic status, and the degree to which their language and behavior conformed to assumptions of Anglo-American femininity. In Dependence: Women and the Patriarchal State in Revolutionary America (NYU Press, 2023) thus exposes the central paradoxes inherent in American women’s social, legal, and economic positions of dependence in the Revolutionary era, complicating binary understandings of power and weakness, of agency and impotence, and of independence and dependence. Significantly, the American Revolution provided some women with the language and opportunities in which to claim old rights―the rights of dependents―in new ways. Most importantly, In Dependence shows how women’s coming to consciousness as rights-bearing individuals laid the groundwork for the activism and collective petitioning efforts of later generations of American feminists.Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states' rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti-gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA's political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun: How Gun Rights Became Politicized in the United States (Columbia University Press, 2023) reveals the origins of the acrimonious divisions that persist to this day.Patrick J. Charles is senior historian and archivist for the United States Air Force.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

Critics of contemporary US higher education often point to the academy’s “corporatization” as one of its defining maladies. However, in The Autocratic Academy: Reenvisioning Rule Within America's Universities (Duke UP, 2023), Timothy V. Kaufman-Osborn argues that American colleges and universities have always been organized as corporations in which the power to rule is legally vested in and monopolized by antidemocratic governing boards.This institutional form, Kaufman-Osborn contends, is antithetical to the free inquiry that defines the purpose of higher education. Tracing the history of the American academy from the founding of Harvard (1636), through the Supreme Court’s Dartmouth v. Woodward ruling (1819), and into the twenty-first century, Kaufman-Osborn shows how the university’s autocratic legal constitution is now yoked to its representation on the model of private property. Explaining why appeals to the cause of shared governance cannot succeed in wresting power from the academy’s autocrats, Kaufman-Osborn argues that American universities must now be reincorporated in accordance with the principles of democratic republicanism. Only then can the academy’s members hold accountable those chosen to govern and collectively determine the disposition of higher education’s unique public goods.Timothy V. Kaufman-Osborn is Baker Ferguson Professor of Politics and Leadership Emeritus at Whitman College and author of From Noose to Needle: Capital Punishment and the Late Liberal State and Creatures of Prometheus: Gender and the Politics of Technology. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Just when the world thought Oscar Pistorius’ meteoric rise to Olympic glory and international celebrity had terminated abysmally in prison, Brent Willock’s scientific perspective reopens this gripping narrative for an astonishing re-view. Olympian Oscar Pistorius’ spectacular assent to fame ground to a screeching halt in the wee hours of Valentine’s Day, 2013. Hearing a sound emanating from his bathroom, he grabbed his pistol and he stumbled to the washroom, screaming at the intruders to leave. Fearing someone was about to emerge to harm him and his girlfriend, Reeva, he fired four bullets into the bathroom. Soon he realized he had killed his lover. Horrified, he summoned the authorities. The investigating detective believed this was yet another case of an escalating argument where a man murdered his partner. World opinion is split. Some believe Oscar. Others are convinced he committed a despicable crime of passion. In The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death (Torchflame Books, 2018), distinguished clinical psychologist Brent Willock brings an entirely new perspective to bear on these horrific events: that Oscar’s horrific actions occurred while he was in a state of paradoxical sleep, also known as parasomnia. Throughout this book, Willock uses scientific scrutiny and legal precedence to resolve the crucial anomalies surrounding the Oscar Pistorius trial. Willock also discusses how mental health experts and the defense team might have overlooked the hypothesis of parasomnia that could have exonerated Oscar. Millions who followed the Blade Runner’s astonishing achievements, uplifted and inspired by his triumph over physical adversity, were crushed by his precipitous plunge from grace. They were baffled. Even Oscar himself, in a television interview shortly before his sentencing, achingly asked, “I always think, How did this possibly happen? How could this have happened?” At last, Willock’s elegant work responds to these poignant questions that have so plagued and pained Reeva’s family, friends, Oscar, and, indeed, the world.Karyne Messina is a licensed psychologist and psychoanalyst at the Washington Baltimore Center for Psychoanalysis and am on the medical staff of Suburban Hospital in Bethesda, Maryland. She is the author of Resurgence of Populism: A Psychoanalytic Study of Projective Identification, Blame Shifting and the Corruption of Democracy (Routledge, 2022). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We, the King: Creating Royal Legislation in the Sixteenth-Century Spanish New World (Cambridge University Press, 2023) by Dr. Adrian Masters challenges the dominant top-down interpretation of the Spanish Empire and its monarchs' decrees in the New World, revealing how ordinary subjects had much more say in government and law-making than previously acknowledged.During the viceregal period spanning the post-1492 conquest until 1598, the King signed more than 110,000 pages of decrees concerning state policies, minutiae, and everything in between. Through careful analysis of these decrees, Dr. Masters illustrates how law-making was aided and abetted by subjects from various backgrounds, including powerful court women, indigenous commoners, Afro-descendant raftsmen, secret saboteurs, pirates, sovereign Chiriguano Indians, and secretaries' wives. Subjects' innumerable petitions and labor prompted – and even phrased - a complex body of legislation and legal categories demonstrating the degree to which this empire was created from the “bottom up”.Innovative and unique, We, the King reimagines our understandings of kingship, imperial rule, colonialism, and the origins of racial categories.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 routinization of non-invasive prenatal genetic testing (NIPT) raises urgent questions about disability rights and reproductive justice. Supporters defend NIPT on the grounds that genetic information about the fetus helps would-be parents make better family planning choices. Prenatal Genetic Testing, Abortion, and Disability Justice challenges that assessment by exploring how NIPT can actually constrain pregnant women's options. Prospective parents mustbalance a complicated array of factors, including the familial, social, and financial support they can reasonably expect to receive if they choose to carry a disabled fetus to term and raise after birth, causing many pregnant women to “choose” termination.Focusing on the US, the book explores the intent and effects of prenatal screening in connection to women's bodily autonomy and disability rights, addressing themes at the intersection of genetic medicine, policymaking, critical disabilities studies, and political theory. Knight and Miller shift debates about reprogenetics from bioethics to political practice, as well as thoroughly critiquing the neoliberal state and the eugenic technologies that support it. Providing concrete suggestions for reforming medical practice, welfare policy, and cultural norms surrounding disability, this book highlights sites of necessary reform to envision how prospective parents can make truly free choices about prenatal genetic testing and selection abortion.Amber Knight, Associate Professor of Political Science and Public Administration, University of North Carolina at Charlotte. Joshua Miller, Assistant Teaching Professor of Political Science and Public Administration, University of North Carolina at Charlotte.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

Amidst fraught debates about what gender is, and how it fits into feminism, Annika sits down with Dr. Abigail Favale, an English professor specializing in gender studies and feminist literary criticism turned Catholic convert. Dr. Favale is now a professor and writer at the McGrath Institute for Church Life at the University of Notre Dame, and the author of The Genesis of Gender: A Christian Theory.Her latest essay, "From Post-Christian Feminism to Catholicism," is here.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The fear of algorithmic decision-making and surveillance capitalism dominate today's tech policy discussions. But instead of simply criticizing big data and automation, we can harness technology to correct discrimination, historical exclusions, and subvert long-standing stereotypes.Orly Lobel is the author of The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future and Warren Distinguished Professor of Law at the University of San Diego School of Law. Lobel is one of the nation's foremost legal experts on labor and employment law. She is also one of the nation's top-cited young legal scholars.Orly and Greg discuss how collecting more data and adding more inputs into decision algorithms may be beneficial to expose disparities in current frameworks in the real world, and help us to right past injustices and ongoing inequities.Gregory LaBlanc is a lifelong educator with degrees in History, PPE, Business, and Law, Greg currently teaches at Berkeley, Stanford, and HEC Paris. He has taught in multiple disciplines, from Engineering to Economics, from Biology to Business, from Psychology to Philosophy. He is the host of the unSILOed podcast. unSILOed is produced by University FM. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With the Supreme Court poised to potentially outlaw race-conscious admissions, Affirmative Action may soon be on the chopping block.What will be the legacy of this half-century-old policy? Jason Riley, senior fellow at the Manhattan Institute and columnist at the Wall Street Journal, discusses affirmative action's impact both on the black community and the broader American education system. Riley is the author of Maverick: A Biography of Thomas Sowell and Please Stop Helping Us: How Liberals Make It Harder for Blacks to Succeed.Riley's piece "Racial Preferences Harm Their Beneficiaries, Too" is here.Riley's article "The College Board's Racial Pandering" is here.Statistical evidence of the impact of racial preferences in college admissions, mentioned in the discussion is here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law