New Books in Law

Climate change and war have flung millions of people on the move, who often seek safe harbor in the very countries responsible for their displacement. But despite the lofty ideals and supposed simplicity of international refugee law, it turns out borders are not really the fixed lines on a map we imagine them to be.Guests:  Deborah Anker is Clinical Professor of Law and Founder of the Harvard Law School Immigration and Refugee Clinical Program (HIRC). Celeste Cantor-Stephens is a musician, interdisciplinary artist, writer, teacher and activist. Chowra Makaremi is an anthropologist and tenured research scholar at the French National Center for Scientific Research (CNRS) in Paris. Adrian Rennix is a writer and an immigration attorney practicing near the southern border. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bringing together two voices, practice and theory, in a collaboration that emerges from lived experience and structured reflection upon that experience, O'Mochain and Ueno show how entrenched discursive forces exert immense influence in Japanese society and how they might be most effectively challenged. With a psychosocial framework that draws insights from feminism, sociology, international studies, and political psychology, the authors pinpoint the motivations of the nativist right and reflect on the change of conditions that is necessary to end cultures of impunity for perpetrators of sexual abuse in Japan. Evaluating the value of the #MeToo model of activism, the authors offer insights that will encourage victims to come out of the shadows, pursue justice, and help transform Japan's sense of identity both at home and abroad. Ueno, a female Japanese educator and O'Mochain, a non-Japanese male academic, examine the nature of sexual abuse problems both in educational contexts and in society at large through the use of surveys, interviews, and engagement with an eclectic range of academic literature. They identify the groups within society who offer the least support for women who pursue justice against perpetrators of sexual abuse. They also ask if far-right ideological extremists are fixated with proving that so-called "comfort women" are higaisha-buru or "fake victims." Japan would have much to gain on the international stage were it to fully acknowledge historical crimes of sexual violence, yet it continues to refuse to do so. In Sexual Abuse and Education in Japan: In the (Inter)National Shadows (Routledge, 2022), O'Mochain and Ueno shed light on this puzzling refusal through recourse to the concepts of 'international status anxiety' and 'male hysteria.' An insightful read for scholars of Japanese society, especially those concerned about its treatment of women.Resources for seeking help in Japan: AWARE(アウェア) [Jpn&Eng] Ministry of Health, Labour, and Welfare No Harassment website [multiple languages] Tokyo Women's Help Center [Jpn] Links for regional help centers [Jpn] Ministry of Justice Human Rights Counseling [multiple languages] Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the United States, unjust disparities in things like income, opportunity, health, safety, and education tightly track racial categorizations of the US population. An intuitive approach to social justice calls us to look to the sites of the greatest disadvantage, and take measures aimed at relieving them. This approach favors “race specific” policies for pursuing justice. However, that kind of rationale is increasingly vulnerable in a country that’s largely convinced that it has achieved a “post-racial” condition. Hence the remaining disparities remain, but are explained away by appeals to alleged faults of those who suffer under them.In A Realistic Blacktopia: Why We Must Unite to Fight (Oxford UP, 2023), Derrick Darby defends a different approach. According to Darby, the psychological and social realities of the United States suggest that we must adopt a non-race-specific social justice agenda, explicitly tying our efforts to mitigate unjust inequalities that track racial categorization to “big tent” initiatives to broaden and deepen democratic inclusion for citizens as such.Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The China Nexus: Thirty Years In and Around the Chinese Communist Party's Tyranny (Optimum Publishing, 2022) brings together Benedict Rogers' 30 years of advocacy, research and work in and around China. Opening with his rollicking adventures as an 18 year old teaching English in Qingdao in 1992, the human element of this monograph, the real people and their lives are foregrounded. Rogers takes the reader through a nexus of the CCP's tyranny; from China's crackdown on its own citizens; through the repression and violence perpetuated in Tibet, Xinjiang and Hong Kong, to the way that the CCP props up and is complicit in crimes against humanity in Myanmar and North Korea. This book is essential to understanding both the domestic and global ramifications of the threat that the CCP poses to the free world. Rogers has been at the heart of advocacy for human rights in and around China during this period. His on-ground insights, countless meetings, interviews and direct encounters with those who live through the harrowing realities manifested by current CCP ideology, should operate as a wake-up to those who value democracy everywhere. Benedict Rogers is a human rights activist and writer specialising in Asia. He is the co-founder and Chief Executive Officer of Hong Kong Watch, Senior Analyst for East Asia at CSW, an advisor to the Inter-Parliamentary Alliance on China, the Stop Uyghur Genocide Campaign and several other charities, and Deputy Chair of the UK Conservative Party Human Rights Commission.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the midst of the Second World War, Central and East European governments-in-exile struggled to make their voices heard as they reported back to the Allies and sought to reach mass Allied publics with eyewitness testimony of German atrocities committed in their respective homelands. The most striking case is that of Poland, whose wartime exile government served as the principal conduit for first-hand testimony (much of which was initially ignored, questioned, or suppressed by the major Allies) of both the Holocaust and the German occupiers’ mass repression and killing of non-Jewish Poles. Historian Michael Fleming offers a rich and unprecedented take on the story of Poles’ contributions to the emergence of a global legal regime for prosecuting war crimes, by reconstructing the central contribution of the Polish War Crimes Office in London to the emergence, successful work, and postwar legacy of the UN War Crimes Commission. In the Shadow of the Holocaust: Poland, the United Nations War Crimes Commission, and the Search for Justice (Cambridge University Press, 2022) is a ground-breaking intervention in global legal history, in Polish history, and in the history of the transition from World War II to the Cold War.Piotr H. Kosicki is Associate Professor of History at the University of Maryland, College Park. He is the author of Catholics on the Barricades (Yale, 2018) and editor, among others, of Political Exile in the Global Twentieth Century (with Wolfram Kaiser). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Break Point: Two Minnesota Athletes and the Road to Title IX (University of Minnesota Press, 2022), Sheri Brenden examines how two teenage girls in Minnesota jump-started a revolution in high school athletics Peggy Brenden, a senior, played tennis. Toni St. Pierre, a junior, was a cross country runner and skier. All these two talented teenagers wanted was a chance to compete on their high school sports teams. But in Minnesota in 1972 the only way on the field with the boys ran through a federal court--so that was where the girls went. Break Point tells the story, for the first time, of how two teenagers took on the unequal system of high school athletics, setting a legal precedent for schools nationwide before the passage of Title IX. As Peggy's younger sister, author Sheri Brenden is uniquely positioned to convey the human drama of the case, the stakes, and the consequences for two young women facing the legal machinery of the state, in court and in school. In an account that begins with Peggy painstakingly typing her appeal to the Minnesota Civil Liberties Union and concludes with a long view of what Brenden v. Independent School District 742 set in motion, Sheri Brenden summons the salient details of this landmark case as it makes its way through the courts. Peggy and Toni, coaches, administrators, and experts testify before Judge Miles Lord, whose decision, upheld in a precedent-setting appeal, would change these girls' lives and open up athletic opportunities for innumerable others. Grounded in newspaper coverage, court records, and interviews, Brenden's deeply researched, scrupulously reported book is at heart the story of two talented teenage girls whose pluck and determination--and, often, heartache--led to a victory much greater than any high school championship.Rebekah Buchanan is a Professor of English and Director of English Education at Western Illinois University. Her research focuses on feminism, activism, and literacy practices in youth culture, specifically through zines and music. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historian Louis Hyman, professor and director of the Institute of Workplace Studies at Cornell University’s School of Industrial and Labor Relations, talks about his book, Temp: How American Work, American Business, and American Dream Became Temporary, with Peoples & Things host Lee Vinsel. In this conversation, Hyman and Vinsel chat about how most mid-20th century secure jobs were possessed by white men, how temporary work began to rise after World War Two, and how all this led to the gig-based world we inhabit. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Claudia Garcia crossed the border because her toddler, Natalia, could not hear. Leaving behind everything she knew in Mexico, Claudia recounts the terror of migrating alone with her toddler and the incredible challenges she faced advocating for her daughter's health in the United States. When she arrived in Texas, Claudia discovered that being undocumented would mean more than just an immigration status—it would be a way of living, of mothering, and of being discarded by even those institutions we count on to care.Elizabeth Farfán-Santos spent five years with Claudia. As she listened to Claudia's experiences, she recalled her own mother's story, another life molded by migration, the US-Mexico border, and the quest for a healthy future on either side. Witnessing Claudia's struggles with doctors and teachers, we see how the education and medical systems enforce undocumented status and perpetuate disability. At one point, in the midst of advocating for her daughter, Claudia suddenly finds herself struck by debilitating pain. Claudia is lifted up by her comadres, sent to the doctor, and reminded why she must care for herself.A braided narrative that speaks to the power of stories for creating connection, Undocumented Motherhood: Conversations on Love, Trauma, and Border Crossing (University of Texas Press, 2022) reveals what remains undocumented in the motherhood of Mexican women who find themselves making impossible decisions and multiple sacrifices as they build a future for their families.Elizabeth Farfán-Santos is a medical anthropologist and the author of Black Bodies, Black Rights: The Politics of Quilombolismo in Contemporary Brazil.Reighan Gillam is Associate Professor in the Department of Anthropology at the University of Southern California. She is the author of Visualizing Black Lives: Ownership and Control in Afro-Brazilian Media (University of Illinois Press). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest.James Morton's Byzantine Religious Law in Medieval Italy (Oxford UP, 2021) is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of Italo-Greek canon law manuscripts from the last century of Byzantine rule to the late twelfth century, arguing that the Normans' opposition to papal authority created a laissez faire atmosphere in which Greek Christians could continue to follow Byzantine religious law unchallenged. Finally, the third part analyses the papacy's successful efforts to assert its jurisdiction over southern Italy in the later Middle Ages. While this brought about the end of Byzantine canon law as an effective legal system in the region, the Italo-Greeks still drew on their legal heritage to explain and justify their distinctive religious rites to their Latin neighbors.Diki Sherpa is a PhD candidate at the Chinese university of Hong Kong, Hong Kong. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Wolfgang Muller, Marriage Litigation in the Western Church, 1215- 1517 (Cambridge University Press, 2021). From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law