New Books in Law

Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the Founding Fathers or the role that militias played in North American rebellions, in which they often functioned as repressive--and racist--domestic forces. Armed Citizens: The Road from Ancient Rome to the Second Amendment (U Virginia Press, 2020) begins and ends with the statement that the Second Amendment no longer makes sense. Noah Shusterman then sets about proving this point with a chronological journey to the Second Amendment. While that might seem a clear and straight-froward path, it starts in an unexpected place and time: Italy over 2,000 years ago with stops in France and England, but it gets to what will become the United States of America. In many ways this is an Atlantic history of the Second Amendment. Armed Citizens works in several different genres of history, including intellectual and political. The book also engages the history of race, racism, and white supremacy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There's a common story we tell about America: that our fundamental values as a country were stated in the Declaration of Independence, fought for in the Revolution, and made law in the Constitution. But, with the country increasingly divided, this story isn't working for us anymore--what's more, it's not even true. As Kermit Roosevelt argues in this eye-opening reinterpretation of the American story, our fundamental values, particularly equality, are not part of the vision of the Founders. Instead, they were stated in Lincoln's Gettysburg Address and were the hope of Reconstruction, when it was possible to envision the emergence of the nation committed to liberty and equality.We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was: Reconstructing America's Story (U Chicago Press, 2022), Roosevelt shows how we can do both those things by realizing we're not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order. This alternate understanding of American identity opens the door to a new understanding of ourselves and our story, and ultimately to a better America.America today is not the Founders' America, but it can be Lincoln's America. Roosevelt offers a powerful and inspirational rethinking of our country's history and uncovers a shared past that we can be proud to claim and use as a foundation to work toward a country that fully embodies equality for all.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

In The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation (Yale UP, 2022), James Bessen explores the idea of how software can actually slow innovation. He makes the case that big companies in one industry after another have built "complex" software systems for managing their sales, marketing, operations and product offerings that are essentially moats against competitors. This mastery of software by major corporations, he argues, helps explain the "myth of disruptive innovation", rising economic concentration, increasing inequality and slowing innovation.James Bessen, an economist and technologist, serves as Executive Director of the Technology & Policy Research Initiative at Boston University School of Law. He has also been a successful innovator and CEO of a software company. His profile in the New York Times is here.Bernardo Batiz-Lazo is currently straddling between Newcastle and Mexico City. You can find him on twitter on issues related to business history of banking, fintech, payments and other musings. Not always in that order. @BatizLazo Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Chitranshul Sinha is an advocate on record of the Supreme Court of India and a partner in Dua Associates, Advocates and Solicitors, who primarily practises in the courts of New Delhi. He occasionally writes articles for leading publications on topics related to law.The Indian Penal Code was formulated in 1860, three years after the first Indian revolt for independence. It was the country's first-ever codification of offences and penalties. But it was only in 1870 that Section 124A was slipped into Chapter VI ('Of Offences against the State'), defining the offence of 'Sedition' in a statute for the first time in the history of common law.When India became independent in 1947, the Constituent Assembly expressed strong reservations against sedition as a restriction on free speech as it had been used as a weapon against freedom fighters, many of whom were a part of the Assembly. Nehru vocally opposed it. And yet, not only has Section 124A survived, it has been widely used against popular movements and individuals speaking up against the establishment.Where did this law come from? How did it evolve? And what place does it have in a mature democracy? Concise, incisive and thoughtful, The Great Repression: The Story of Sedition in India (India VIking, 2019) by Chitranshul Sinha tells the story of this outdated colonial-era law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Corrections in Ink (St. Martin's Press, 2022) is an electric and unforgettable memoir about a young woman's journey-from the ice rink, to addiction and a prison sentence, to the newsroom-emerging with a fierce determination to expose the broken system she experienced. An elite, competitive figure skater growing up, Keri Blakinger poured herself into the sport, even competing at nationals. But when her skating partnership ended abruptly, her world shattered. With all the intensity she saved for the ice, she dove into self-destruction. Then, on a cold day during Keri's senior year, the police stopped her. Caught with a Tupperware container full of heroin, she was arrested and ushered into a holding cell, a county jail, and finally into state prison. There, in the cruel "upside down," Keri witnessed callous conditions and encountered women from all walks of life-women who would change Keri forever. Two years later, Keri walked out of prison sober and determined to make the most of the second chance she was given-an opportunity impacted by her privilege as a white woman. She scored a local reporting job and eventually moved to Texas, where she started covering nothing other than: prisons. Now, over her career as an award-winning journalist, she has dedicated herself to exposing the broken system as only an insider could. Not just a story about getting out and getting off drugs, this rich memoir is about finding redemption within yourself, as well as from the outside world, and the power of second chances. Keri Blakinger is a staff reporter for The Marshall Project, an online news source about the criminal justice system. Her Twitter handle is @keribla.Joel Tscherne is an Adjunct History Professor at Southern New Hampshire University. His Twitter handle is @JoelTscherne. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On December 4, 1931, a mob of white men in Salisbury, Maryland, lynched and set ablaze a twenty-three-year-old Black man named Matthew Williams. His gruesome murder was part of a wave of silent white terrorism in the wake of the stock market crash of 1929, which exposed Black laborers to white rage in response to economic anxieties. For nearly a century, the lynching of Matthew Williams has lived in the shadows of the more well-known incidents of racial terror in the deep South, haunting both the Eastern Shore and the state of Maryland as a whole. In The Silent Shore: The Lynching of Matthew Williams and the Politics of Racism in the Free State (Johns Hopkins UP, 2022), author Charles L. Chavis Jr. draws on his discovery of previously unreleased investigative documents to meticulously reconstruct the full story of one of the last lynchings in Maryland.Bringing the painful truth of anti-Black violence to light, Chavis breaks the silence that surrounded Williams's death. Though Maryland lacked the notoriety for racial violence of Alabama or Mississippi, he writes, it nonetheless was the site of at least 40 spectacle lynchings after the abolition of slavery in 1864. Families of lynching victims rarely obtained any form of actual justice, but Williams's death would have a curious afterlife: Maryland's politically ambitious governor Albert C. Ritchie would, in an attempt to position himself as a viable challenger to FDR, become one of the first governors in the United States to investigate the lynching death of a Black person. Ritchie tasked Patsy Johnson, a member of the Pinkerton detective agency and a former prizefighter, with going undercover in Salisbury and infiltrating the mob that murdered Williams. Johnson would eventually befriend a young local who admitted to participating in the lynching and who also named several local law enforcement officers as ringleaders. Despite this, a grand jury, after hearing 124 witness statements, declined to indict the perpetrators. But this denial of justice galvanized Governor Ritchie's Interracial Commission, which would become one of the pioneering forces in the early civil rights movement in Maryland.Complicating historical narratives associated with the history of lynching in the city of Salisbury, The Silent Shore explores the immediate and lingering effect of Williams's death on the politics of racism in the United States, the Black community in Salisbury, the broader Eastern Shore, the state of Maryland, and the legacy of "modern-day lynchings."Omari Averette-Phillips is a doctoral student in the department of history at UC Davis. He can be reached at okaverettephillips@ucdavis.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades.Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election.But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally.In Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice (Mariner Books, 2022), Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.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

As the 1974 school year began, Wayne Woodward was a beloved high school teacher in a rural Texas town. By the following spring, he was embroiled in a local political firestorm that would ultimately cost him his job. Woodward's sin was, in his own words, naively trying to found a chapter of the ACLU in his Hereford, Texas community. In You Will Never Be One of Us: A Teacher, A Texas Town, and the Rural Roots of Radical Conservatism (University of Oklahoma Press, 2022) West Texas A&M Professor Timothy Bowman tells the remarkable story of Woodward's teaching career, his fight over the ACLU chapter, and the nationally-covered wrongful termination trial that followed. Woodward's story casts shifts the story of American conservatism away from the suburbs and toward rural places like Hereford, where local frontier identities helped create distrust of outsiders and a strong streak of libertarianism. The central question of the book is one of human behavior: why otherwise average Americans would work so hard to run an idealistic young person and beloved teacher out of town? The answer has everything to do with Mexican immigration, labor unrest, and the roiling culture wars, and speaks directly to our present political moment.Timothy Paul Bowman is Associate Professor of History and Chair of the Department of History at West Texas A&M University in Canyon and the author of Blood Oranges: Colonialism and Agriculture in the South Texas Borderlands.Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohan J. Alva is a counsel practicing in the Supreme Court of India. He earned his LLM from Harvard Law School, where he focused on constitutional law, which he read for on numerous scholarships including as a Tata Scholar and on a Harvard Law School Scholarship. Prior to starting his counsel practice, he was a professor at Jindal Global Law School, where he was awarded the Excellence in Research Award. He has also been Visiting Faculty at NLSIU, Bengaluru. His writings have been published in internationally respected journals including Statute Law Review (Oxford University Press), and Hong Kong Law Journal.Alva's first book Liberty After Freedom: A History of Article 21, Due Process and the Constitution of India (HarperCollins India, 2022) explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted. Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution.Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The conventional wisdom about Felix Frankfurter--Harvard law professor and Supreme Court justice--is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court's principal villain. And yet none of these characterizations rings true.A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint--he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service.Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter's impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education.In Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment (Norton, 2022), Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt's most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment.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