New Books in 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

In the winter of 1873, Nissim Shamama, a wealthy Jew from Tunisia, died suddenly in his palazzo in Livorno, Italy. His passing initiated a fierce lawsuit over his large estate. Before Shamama’s riches could be disbursed among his aspiring heirs, Italian courts had to decide which law to apply to his estate—a matter that depended on his nationality. Was he an Italian citizen? A subject of the Bey of Tunis? Had he become stateless? Or was his Jewishness also his nationality? Tracing a decade-long legal battle involving Jews, Muslims, and Christians from both sides of the Mediterranean, The Shamama Case: Contesting Citizenship Across the Modern Mediterranean (Princeton UP, 2022) offers a riveting history of citizenship across regional, cultural, and political borders.On its face, the crux of the lawsuit seemed simple: To which state did Shamama belong when he died? But the case produced hundreds of pages in legal briefs and thousands of dollars in lawyers’ fees before the man’s estate could be distributed among his quarrelsome heirs. Jessica Marglin follows the unfolding of events, from Shamama’s rise to power in Tunis and his self-imposed exile in France, to his untimely death in Livorno and the clashing visions of nationality advanced during the lawsuit. Marglin brings to life a Dickensian array of individuals involved in the case: family members who hoped to inherit the estate; Tunisian government officials; an Algerian Jewish fixer; rabbis in Palestine, Tunisia, and Livorno; and some of Italy’s most famous legal minds.Drawing from a wealth of correspondence, legal briefs, rabbinic opinions, and court rulings, The Shamama Case reimagines how we think about Jews, the Mediterranean, and belonging in the nineteenth century.Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Myra Tawfik's book For the Encouragement of Learning: The Origins of Canadian Copyright Law (U Toronto Press, 2023) addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and the commercial interests of publishers often conflict with the public interest in access to knowledge. It chronicles Canada’s earliest copyright law to explain how pre-Confederation policy-makers understood copyright’s normative purpose.Using government and private archives and copyright registration records, Myra Tawfik demonstrates that the nineteenth-century originators of copyright law intended to promote the advancement of learning in schools by encouraging the mass production of educational material. The book reveals that copyright laws were integral features of British North American education policy and highlights the important roles played by teachers, education reformers, and politicians in the emergence and development of the laws. It also explains how policy-makers began to consider the relationship between copyright and cultural identity formation once British interference into domestic copyright affairs increased, and as Canadian Confederation neared. Using methodologies at the intersection of legal history and book history, For the Encouragement of Learning embeds the copyright legal framework within the history of Canada’s book and print culture.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

This week on International Horizons, James Hollifield, Professor of Political Science and Director of the Tower Center for Political Studies, Southern Methodist University (SMU), discusses the epistemology of migration studies and delves into some of its foundational works. Hollifield addresses how modern migration regulation is related to the invention of the nation-state and how, in order to understand migration, one needs to study imperial and post-imperial systems. Moreover, Hollifield discusses internal migration, which is an old phenomenon caused mostly by the industrialization of urban centers since the nineteenth century. Finally, Hollifield explains the causes of internal displacement and how it relates to migration, by way of a comparison between the cases of the American continent and that of Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historical Criminology (Routledge, 2022) breaks new ground by challenging researchers to question what we do, and why we do it. It draws out what criminologists can learn from historians, and examines the concept of historical criminology not as a sub-discipline, but as a core approach to doing criminology. The book questions the way that we think about time as a concept - in the past, the present and the future - and the way that rethinking time and temporality can help understand and respond to crime. In the context of historical criminology, the concept of 'historical thinking' reveals the implicit values, assumptions and methods of knowledge production which are sustained by dominant historical and sociological modes of thinking. The book is essential reading for criminologists, for students and teachers of theory, concepts and methods in criminology.Associate Professor David Churchill researches historical criminology and criminal justice history, focusing on policing, security and crime control in modern Britain at The University of Leeds. Professor Henry Yeomans is a historical criminologist who specialises in the study of alcohol regulation at The University of Leeds.Dr Iain Channing is a Lecturer in Criminology at and Criminal Justice at The University of Plymouth, who specialises in policing in historical and contemporary contexts.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

In The State (Princeton University Press, 2023), the prominent political philosopher Philip Pettit embarks on a massive undertaking, offering a major new account of the foundations of the state and the nature of justice. In doing so, Pettit builds a new theory of what the state is and what it ought to be, addresses the normative question of how justice serves as a measure of the success of a state, and the way it should operate in relation to its citizens and other people.Philip Pettit is L.S. Rockefeller University Professor of Human Values at Princeton University and Distinguished Professor of Philosophy at the Australian National University, Canberra.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