New Books in Law

In Global Norms and Local Action: The Campaigns to End Violence against Women in Africa (Oxford UP, 2020), Peace A. Medie studies the domestic implementation of international norms by examining how and why two post-conflict states in Africa, Liberia and Côte d'Ivoire, have differed in their responses to rape and domestic violence. Specifically, she looks at the roles of the United Nations and women's movements in the establishment of specialized criminal justice sector agencies, and the referral of cases for prosecution. She argues that variation in implementation in Liberia and Côte d'Ivoire can be explained by the levels of international and domestic pressures that states face and by the favorability of domestic political and institutional conditions. Medie's study is based on interviews with over 300 policymakers, bureaucrats, staff at the UN and NGOs, police officers, and survivors of domestic violence and rape — an unprecedented depth of research into women's rights and gender violence norm implementation in post-conflict countries. Furthermore, through her interviews with survivors of violence, Medie explains not only how states implement anti-rape and anti-domestic violence norms, but also how women experience and are affected by these norms. She draws on this research to recommend that states adopt a holistic approach to addressing violence against women.Peace A. Medie is an award-winning scholar and a writer. She is associate professor in politics at the University of Bristol. She studies state and non-state actors’ responses to gender-based violence and other forms of insecurity in countries in Africa. She is author of ‘Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa’ (OUP 2020). Her debut novel, His Only Wife, was a New York Times Notable Book of 2020 and a Time Magazine Must-Read Book of 2020. Her second novel, Nightbloom, will be published in June 2023.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX.“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” —Title IX’s first thirty-seven wordsBy prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life.Sherry Boschert's book 37 Words: Title IX and Fifty Years of Fighting Sex Discrimination (New Press, 2022) is the story of Title IX. Filled with rich characters—from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild—the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It’s also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination. These intersecting narratives of women seeking an education, playing sports, and wanting protection from sexual harassment and assault map gains and setbacks for feminism in the last fifty years and show how some women benefit more than others. Award-winning journalist Sherry Boschert beautifully explores the gripping history of Title IX through the gutsy people behind it.In the tradition of the acclaimed documentary She’s Beautiful When She’s Angry, 37 Words offers a crucial playbook for anyone who wants to understand how we got here and who is horrified by current attacks on women’s rights.Jane Scimeca is Professor of History at Brookdale Community College. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable.In The Small Matter of Suing Chevron (Duke University Press, 2022) Dr. Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an environmental liability, then a racketeering scheme, and then a breach of treaty.Holding the paradoxes of complicity in suspension, Dr. Sawyer deftly demonstrates how crude matters, technoscience, and liberal legality configure how risk and reward, deprivation and disavowal, suffering and surfeit become legally and unevenly distributed.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

Treason and Masculinity in Medieval England: Gender, Law and Political Culture (Boydell Press, 2020) by Dr. E. Amanda McVitty presents a groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender.Conflicts over treason tormented English political society in the later Middle Ages. As legal and political historians have shown, treason was always a constitutional matter as well as a legal one because it was pivotal in mediating the relationship between English kings, their political subjects and the abstraction of the crown. However, despite renewed interest in constitutional history, there has been no extended examination of treason in medieval England since the 1970s.This pioneering study presents a new interpretation of treason, not only as a legal construct, a political weapon and a tool for constitutional thinking, but also as a cultural category, aligning it with questions of gender, vernacularity and national identity. It examines cases from the 1380s to the 1420s, revealing how kings defended their claims to sovereign authority by using the laws of treason to bind their mortal male bodies to the enduring body politic of the realm, and explains how that body politic was masculinised through its entanglement in contests over manly honour and homosocial loyalties.Drawing on evidence from trial records, legislation and chronicles, Dr. McVitty illuminates the ways in which cultural ideals of manhood reinforced or subverted government responses to crises of legitimacy, and demonstrates that gender conditioned understandings of treason in the political arena as well as the definitions embedded in statutes and case law. At the same time, it explores the varied ways men defended themselves from accusations of treason by invoking, and in the process helping to transform, shared beliefs about what it meant to be a man in medieval England.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 global war on drugs began some 150 years before US President Richard Nixon launched the current chapter of America’s drug war in 1971. In Opium’s Orphans: The 200-Year History of the War on Drugs (Reaktion Books, 2022), P. E. Caquet tells the story of “how an ever-larger group of mind-altering products came to be prohibited throughout the world, for what reasons, and with what effects.” The story opens with Britain’s two Opium Wars against the Chinese. Caquet shows how policies based on the properties of opium have been applied to disparate substances. The book describes how a worldwide effort, long led by the United States, to eliminate drugs at their sources has had unplanned consequences – economic, social, and political – while falling far short of the drug war’s stated goals. Finally, Caquet describes how “the last decade has seen an increasingly direct challenge to the international drug-control system.” Opium’s Orphans is a wide-ranging account of a profoundly consequential history whose origins, rationale, and effects raise difficult questions of the limits of governmental action and the scope of human freedom.Steve Beitler’s work in the history of medicine focuses on how pain has been understood, treated, experienced, and represented. His recently published articles examined the history of opiates in American football and surveyed the history of therapeutic drugs. He can be reached at steve@stevebeitler.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Though relatively short, the 2022 book The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy (UP of Kansas, 2022) by Andrew Porwancher, Austin Coffey, Taylor Jipp, and Jake Mazeitis, is jam-packed with information about late 19th and early 20th Century legal history and the professionalization of American legal education.This is a moving tale of a professor whose acolytes included some of the giants of American jurisprudence (e.g., the judges and justices Oliver Wendell Holmes, Louis Brandeis, Learned Hand and the legal scholars John Henry Wigmore and Roscoe Pound). Even those not directly taught by Thayer, such as Felix Frankfurter, lauded him as an intellectual influence.You may be thinking, “Why should I take the time to read a book about a long-dead Harvard law professor?” Well, because many of the issues that James Bradley Thayer (1831-1902) and his students grappled with have shaped almost every encounter Americans have with the law and affect our rights from the workplace to the schoolroom to the courtroom.Thayer and Wigmore, for example, did pioneering work on the laws of evidence. Hand did the same on the topic of expert testimony. Holmes and Thayer thrashed out the meaning of the word “presumption” as it was used in trials. And on a grander scale, Holmes, Brandeis, and Hand were trained as thinkers on Constitutional law by Thayer. We could all do with a primer on what “living constitutionalism” is, for example.The book is also valuable for its contributions to the field of the history of education and will benefit those researching the development of professional associations and the transformation of universities like Harvard from small liberal arts institutions into major research universities. This is social history at its best.We read about how Thayer attracted bright young men from across the country who applied what they learned under their beloved mentor once they left Harvard and took up posts elsewhere (as Wigmore did as dean at Northwestern Law School) and/or played key roles in major legal cases in the Progressive Era and beyond. Economics. Labor Law. Free speech. They’re all here.And “beloved” is not too strong a word for the way these titans of American law regarded Thayer. Early career academics in any field who need a role model of a dedicated teacher could do worse than study the life of James Bradley Thayer. He was the subject of admiration and gratitude decades later by influential men who credited him with providing moral support and practical help when they were first starting out and for setting a standard of learning and hard work that they applied in their judicial and academic careers. Thayer was a networker and mentor par excellence.The book is interesting in itself apart from its subject in that it is a joint work by a professor (Andrew Porwancher) and three of his former students. That is a project worthy of note and something Thayer would almost certainly have endorsed, given how closely he worked with his students when they were at Harvard and, in many cases, for years afterward. It is no exaggeration to say that our lives today were affected by the active law-related personal correspondence between Thayer and his men.Let’s hear from Professor Porwancher about what might be called the Thayer Effect and what co-authorship with students entails.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, even if he is often remembered for his four wives, as a potential vice-presidential nominee, as a target of impeachment proceedings, and for his tenure as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment.Douglas was the spiritual heir to early twentieth-century conservation pioneers such as Teddy Roosevelt and John Muir. His personal spiritual mantra embraced nature as a place of solitude, sanctuary, and refuge. Caught in the giant expansion of America's urban and transportation infrastructure after World War II, Douglas became a powerful leader in forging the ambitious goals of today's environmental movement. And, in doing so, Douglas became a true citizen justice.In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues with his colleagues. He became a national figure through his books, articles, and speeches warning against environmental dangers. Douglas organized protest hikes to leverage his position as a national icon, he lobbied politicians and policymakers privately about everything from logging to highway construction and pollution, and he protested at the Supreme Court through his voluminous and passionate dissents.Douglas made a lasting contribution to both the physical environment and environmental law--with trees still standing, dams unbuilt, and beaches protected as a result of his work. His merged roles as citizen advocate and justice also put him squarely in the center of ethical dilemmas that he never fully resolved. M. Margaret McKeown's Citizen Justice: The Environmental Legacy of William O. Douglas (Potomac Books, 2022) elucidates the why and how of these tensions and their contemporary lessons against the backdrop of Douglas's unparalleled commitment to the environment.William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts: The Administration of Justice by Armed Insurgents (Oxford University Press, 2021) by Dr. Réne Provost offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now.Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups.With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.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

A Critical Theory of Police Power: The Fabrication of Social Order (Verso, 2021) offers a critical look at policing and the power of the state, examining the relationship between our ideas of order and wider social and political issues.First published in 2000, this new edition of Mark Neocleous' influential book features a new introduction which helpfully situates this ever-relevant text in the context of contemporary struggles over police and policing.Neocleous argues for an expanded concept of police, able to account for the range of institutions through which policing takes place. These institutions are concerned not just with the maintenance and reproduction of order, but with its very fabrication, especially the fabrication of a social order founded on wage labour. By situating the police power in relation to both capital and the state and at the heart of the politics of security, the book opens up into an understanding of the ways in which the state administers civil society and fabricates order through law and the ideology of crime. The discretionary violence of the police on the street is thereby connected to the wider administrative powers of the state, and the thud of the truncheon to the dull compulsion of economic relations.Content warning: the last 2 minutes of the interview include a brief discussion of Mark's current work on suicide.Listeners who enjoyed this interview may enjoy my recent interviews with Mark on his most recent book The Politics of Immunity, with undercover police ("Spycop") victims Helen Steel and Alison about Deep Deception, and with counterterrorism scholar Rizwaan Sabir about The Suspect.Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021).Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime.After Authoritarianism: Transitional Justice and Democratic Stability (Cambridge University Press, 2022) by Dr. Monika Nalepa analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story.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