New Books in Law

Dr. Lisa Ford, Professor of History at the University of New South Wales, is the author of prize-winning monographs and a luminary in the field of global legal history. Her new book The King’s Peace: Law and Order in the British Empire (Harvard University Press, 2021) traces how a different kind of British empire emerged out of the global Age of Revolutions. The book’s case studies span the globe, illuminating how the gradual but unrelenting imposition of crown rule across the empire corroded the rights of British subjects, altered their relationship with sovereign power, and laid the foundations of the modern police state. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence, The King’s Peace offers important lessons on peacekeeping, sovereignty, and political subjectivity—lessons that can enrich contemporary debates over the imbalance between liberty and security.Vladislav Lilic is a doctoral candidate in Modern European History 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 International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on genocide prevention. The Association, founded in 1994, meets regularly to consider comparative research, important new work, case studies, the links between genocide and other human rights violations, and prevention and punishment of genocide. The Association holds biennial conferences and co-publishes the scholarly journal Genocide Studies and Prevention.Melanie O’Brien is Associate Professor of International Law at the UWA Law School, University of Western Australia. Dr. O'Brien's work on forced marriage has been cited by the International Criminal Court, and she has been an amicus curiae before the ICC. She has been an expert consultant for multiple UN bodies, and is widely consulted by global media for her expertise on international criminal law. She has conducted fieldwork and research across six continents.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the Act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South. During the civil rights movement, it enabled the protection of black students who attended previously segregated educational institutions. Most recently, the Insurrection Act has been the vehicle for presidents to call upon federal troops to suppress so-called “race riots” like those in Los Angeles in 1992, and for them to threaten to do so in other cases of racial justice activism. Yet when the US Capitol was stormed in January 2021, the impulse to restore law and order and counter insurrectionary threats to the republic lay dormant.Allan’s distinctly literary voice underscores her paradigm-shifting reflections on the presence of fear and silence in history and their shadowy impact on the law. Throughout, she draws revealing insight from her own experiences as one of the only black girls in her leafy Long Island suburb, as a black lawyer at a predominantly white firm during a visit from presidential candidate Barack Obama, and as a thinker about the use and misuse of appeals to law and order.Elegant and profound, deeply researched and intensely felt, Insurrection: Rebellion, Civil Rights, and the Paradoxical State of Black Citizenship (Norton, 2022) is necessary reading in our reckoning with structural racism, government power, and protest in the United States.Brittney Edmonds is an Assistant Professor of Afro-American Studies at UW-Madison. I specialize in 20th and 21st century African American Literature and Culture with a special interest in Black Humor Studies. Read more about my work at brittneymichelleedmonds.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people.Providing examples from different states, government agencies, and court cases, Prof. Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Prof. Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether?In this thought-provoking and original volume, Sex Is as Sex Does: Governing Transgender Identity (NYU Press, 2022) reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large. Ultimately, Paisley Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them.Paisley Currah is Professor of Political Science and Women’s & Gender Studies at Brooklyn College and the Graduate Center of the City University of New York.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedom (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom’s rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom’ that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history.Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode from the Institute’s Vault, Samantha Power describes how Hannah Arendt influenced her thinking about politics and human rights. Power spoke during a two day symposium-- “Hannah Arendt Right Now”--which explored the philosopher’s impact on the 21st Century. The 2006 event was held on the hundredth anniversary of Arendt’s birth.Samantha Power was Barack Obama’s human rights adviser, and then served as the US Ambassador to the United Nations. She is the author of several books, including A Problem From Hell: America and the Age of Genocide, which won the 2003 Pulitzer prize. She is a professor of practice at Harvard’s Law School and Kennedy School.In the second half of the episode, Azar Nafisi responds to Power. Nafisi is best known for her 2003 book, Reading Lolita in Tehran: A Memoir in Books. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The protests of summer 2020 led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors?It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom (Johns Hopkins University Press, 2022) considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech.In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Michael Bérubé (interviewed here) is Edwin Erle Sparks Professor of Literature at Pennsylvania State University; Jennifer Ruth is a professor of film at Portland State University. Both have served in various roles within the American Association of University Professors, and also coauthored The Humanities, Higher Education, and Academic Freedom: Three Necessary Arguments (2015).Catriona Gold is a PhD candidate in Geography at University College London, researching security and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. 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

Before Darts and Letters there was a documentary series called Cited. This is one of those documentaries.This episode is about the lives of sex offenders in the USA. The researcher in this story, Chris Drum actually went and lived with sex offenders, so it’s a fascinating insight into life with some of the most reviled people in the country.This is the last of our “ideas in strange places” theme, next week our theme is “politics of education”, and we’ll be running episodes from our catalogue with a different theme each week until we launch the new season of Darts and Letters on September 18th.—————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.———-CREDITS———-This piece was produced by Gordon Katic and edited by Sam Fenn, as well as Alison Cooke of the CBC. Further support from Alexander B. Kim. Research advising from University of Washington Sociologist Katherine Beckett. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

I can point you to mountains of research about prisons. I can also recommend at least a dozen Netflix documentaries, and highlight a handful of radical activists and scholars. There’s a lot of intellectual work done about prison. But what about intellectual work done in prison?As part of this week’s “ideas in strange places” theme, we want to play you this episode from right near when we started Darts and Letters, where we ask what kind of radical thought can come from the extreme oppression prisoners endure.We’ll be back with brand new episodes on September 18th, until then we’re replaying the best of our catalogue with a different theme each week.In Prison Notebooks… First, in the opening essay, host Gordon Katic discusses the long history of radical prison writing. From Thoreau to Gramsci, MLK, Oscar Wilde, Eugene Debs, Emma Goldman, and even Wittgenstein. Next (@5:36), Chandra Bozelko served 6 years, three months, and 11 days in a women’s prison in Connecticut. While inside, she started an award-winning newspaper column. She tells us what writing did for her while inside, and what everyday prison intellectualism really looks like. Then (@42:30), Justin Piché edits one of the most amazing academic journals you will ever come across. It’s called the Journal of Prisoners on Prisons. It has been around for over thirty years. In each and every edition, you will see brilliant scholarly work—it just so happens that this work is written by prisoners themselves. —————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.—————————-CONTACT US————————-To stay up to date, follow us on Twitter and Instagram. If you’d like to write us, email darts@citedmedia.ca or tweet Gordon directly.—————————-CREDITS—————————-This episode of Darts and Letters was produced by Jay Cockburn. Research and support from David Moscrop and Addye Susnick. Our theme song and music was created by Mike Barber, and our graphic design was created by Dakota Koop. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side.At once enlightening and devastating, The Border Within: The Economics of Immigration in an Age of Fear (U Chicago Press, 2021) examines the costs and ends of America's interior enforcement--the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.dNews coverage has prompted many to question the humanity of American immigration policies; The Border Within opens a conversation of whether it is effective. The United States spends billions each year on detention and deportation, all without economic gain and at a great human cost. With depth and discipline, the authors dissect the shock-and-awe policies that make up a broken, often cruel system, while illuminating the lives caught in the chaos. It is an essential work with far-reaching implications for immigrants and non-immigrants alike. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law