New Books in Law

In Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992 (UP of Mississippi, 2018), Mark Newman draws on a vast range of archives and many interviews to uncover for the first time the complex response of African American and white Catholics across the South to desegregation. In the late nineteenth and first half of the twentieth century, the southern Catholic Church contributed to segregation by confining African Americans to the back of white churches and to black-only schools and churches. However, in the twentieth century, papal adoption and dissemination of the doctrine of the Mystical Body of Christ, pressure from some black and white Catholics, and secular change brought by the civil rights movement increasingly led the Church to address racial discrimination both inside and outside its walls.Far from monolithic, white Catholics in the South split between a moderate segregationist majority and minorities of hard-line segregationists and progressive racial egalitarians. While some bishops felt no discomfort with segregation, prelates appointed from the late 1940s onward tended to be more supportive of religious and secular change. Some bishops in the peripheral South began desegregation before or in anticipation of secular change while elsewhere, especially in the Deep South, they often tied changes in the Catholic churches to secular desegregation.African American Catholics were diverse and more active in the civil rights movement than has often been assumed. While some black Catholics challenged racism in the Church, many were conflicted about the manner of Catholic desegregation generally imposed by closing valued black institutions. Tracing its impact through the early 1990s, Newman reveals how desegregation shook congregations but seldom brought about genuine integration.Winner of the 2020 American Studies Network Book Prize from the European Association for American StudiesAllison Isidore is the Assistant Director for the American Catholic Historical Association and is an Instructor of Record for the Religious Studies department at the University of Alabama. Her research interest is focused on the twentieth-century American Civil Rights Movement and the Catholic Church’s response to racism and the participation of Catholic clergy, nuns, and laypeople in marches, sit-ins, and kneel-ins during the 1950s and 1960s. Allison is also a Video Editor for The Religious Studies Project, producing videos for the podcast and marketing team. She tweets from @AllisonIsidore1. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community, and kinship spaces, Rama Srinivasan outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire: Litigating for Love in North India (Rutgers UP, 2020) underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent and under-explored trend in the North Indian landscape.Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives.Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state.Nicole Coleman is Assistant Professor of German at Wayne State University. She tweets @drnicoleman.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the constitution as if it had almost nothing to say about this threat. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) is a bold call to reclaim an American tradition that argues the constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. In this revolutionary retelling of constitutional history, Dr. Joseph Fishkin and Dr. William Forbath show that a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought.Dr. Fishkin and Dr. Forbath argue that “The constitutional order does rest and depend on a political-economic order. That political-economic order does not maintain itself. It requires action (as well as forbearance from action) from each part of the government. The content of what is required changes radically over time in a dynamic way in response to changes in the economy and in politics. But we believe the basic principles of the democracy-of-opportunity tradition remain affirmative constitutional obligations of government today: to prevent an oligarchy from emerging and amassing too much power; to preserve a broad and open middle class as a counterweight against oligarchy and a bulwark of democratic life; and to include everyone, not just those privileged by race or sex, in a democracy of op- portunity that is broad enough to unite us all.”Dr. Fishkin and Dr. Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of the Slave Power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the “economic royalists” and “industrial despots.”The book argues that our current understanding of what counts as a constitutional argument is anachronistic and limiting. In fact, the authors argue that “advocates of the democracy-of-opportunity tradition and their opponents throughout the long period from the founding through the New Deal disagreed about many things, but they agreed that part of arguing about the Constitution is making claims about what it requires of our political economy. “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

Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of land rights, a slow and dysfunctional legal system, and a state that was all powerful in some areas.”Economists have long lamented how the inefficiency of India’s legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly.Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Dr. Roy and Dr. Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. They conclude that “the weaknesses of the legal framework were probably not the binding constraint on growth” and that “at least in the short-term, the Indian economy will have to develop in spite of its legal system.”Weaving the story of India’s heralded economic transformation with its social and political history, Dr. Roy and Dr. Swamy show how inadequate legal infrastructure has been a key impediment to the country’s economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India’s current crossroads—and the factors that may keep its dreams unrealized.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

In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges of attempting to manage, on the global stage, the actuality of human servitude in a country dedicated to human freedom.Dr. Brady argues that “slavery was defined by policymakers and laypeople alike as central to US interactions with four continents—whether for good or bad. America’s security, prosperity, and geographical and political reach were all connected, in one way or another, with bonded labour. It is no surprise, then, that Americans looked on, and conducted, their relations with the world with a conviction that slavery was central to the nation’s international role.” He argues that this mindset around the centrality of American slavery therefore “forced the United States to act in the international sphere in ways that it otherwise would not have, and to interact with the Atlantic world in a more dynamic way than its leaders might have preferred.”Dr. Brady highlights the limitations placed on American policymakers who, working in an international context increasingly supportive of abolition, were severely constrained regarding the formulation and execution of preferred policy. Policymakers were bound to the slave interest based in the Democratic Party and the tortured state of domestic politics bore heavily on the conduct of foreign affairs. As international powers not only abolished the slave trade but banned human servitude as such, the American position became untenable.The book argues that the “proclivity of slavery to enmesh the nation with the wider world in unwanted ways was manifested again and again throughout the time period up to 1865. From vainly seeking the return of escaped slaves under President George Washington to the failed attempts of President Abraham Lincoln to settle their freed brethren somewhere—anywhere—else, one sees the real limits placed on the nation’s ability to shape and implement a consistent foreign policy…. Slavery was not the only factor that contributed to this frustration of American aims to conduct a largely unilateralist foreign policy in its early years. Nor was it the only reason why America frequently found itself unable to achieve its foreign relations goals. But it was among the most significant reasons.”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

Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules (Farrar, Straus and Giroux, 2021). In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy's dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable.Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy's success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy's critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.Jan-Werner Müller is Professor of Politics at Princeton University.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

Scholars Heather Hlavka (Marquette University) and Sameena Mulla (Emory University) have written a new book that examines and interrogates the place and space of the courtroom, the use of expertise, especially scientific expertise, in the adjudicative process, and how this all intersects with race and gender in cases of sexual assault. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication (NYU Press, 2021) is the result of a long-term ethnographic study of sexual assault cases in the city of Milwaukee, and how those cases, as they come through the legal system, re-animate cultural narratives and re-inscribe the authority associated with law courts and the legal system itself. A key focus of the research was in examining the ways in which medicolegal and forensic evidence was used in the trial process, and how the reliance on these scientific resources and those who narrate and explain these dimensions of evidence and information are often set in contrast with the experiences of the victim-witnesses in sexual assault cases.Hlavka and Mulla, and their team of students and research assistants, spent more than five years in the Milwaukee County Courthouse, sitting in at all aspects of the trial process, from jury selection to the trial itself, and more. During this time, all of the researchers observed the dynamics around how victims and victim-witnesses were assessed based on their class, race, virtue, gender, and how their very bodies were re-visited during the course of the evidence presentment. This analysis was seen in contrast to the approach to “expert” testimony in the form of medical professionals, forensic professionals, police, and legal professionals. Key points that come through the research, and thus through the book, note how the racialize and gendered narratives are clear within the interactions in the courtroom, but these dynamics do not generally come through in trial transcripts, opinions, or the judicial record of a case. Thus, the deeply lopsided racial dynamics of the courtroom are not clear in the written record but are starkly clear within the walls of the courtroom.Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication is a multi-layered, multi-method examination of how the judicial system, in context of sexual assault adjudication, does not, in fact, achieve what might be a just outcome in many situations. The adversarial legal system in the United States does not generally assist the communities that are often broken by this very process. Hlavka and Mulla also suggest that the investment in and use of forensic and scientific evidence has not, in fact, shifted the outcomes in these kinds of cases. Bodies in Evidence will be of interest to a great many readers, from a host of different perspectives and disciplines.Lilly J. Goren is 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

Here is a fun quiz question. What distinction does Charles Carroll (1737–1832) hold in American History? Answer: he was the longest-surviving signer of the Declaration of Independence and the only Catholic to have signed it.And therein lies a tale of religious prejudice against Catholics and the ingenious and determined efforts over decades of leaders like Carroll and the founding family of Maryland, the Calverts, to prove their devotion to their country while not compromising on the tenets of their faith.In his fascinating 2021 book, Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard UP, 2021), Michael D. Breidenbach traces in detail the delicate balance Catholics in the period of roughly 1600-1832 had to maintain in order to secure basic civil and property rights in both Britain and the New World colonies while avoiding excommunication by the pope for swearing oaths to British rulers that often entailed denying certain rights the pope claimed.We read in the book about the crucial importance of the exact wording of a series of oaths crafted and argued about over centuries and the implications of even a slight change to each for the often persecuted Catholic minority on both sides of the Atlantic.A major contribution of this book is its discussion of the conciliar movement (or conciliarism) and its intellectual and political impact on American politicians of the 18th and early 19th centuries. Ranging back to medieval figures and then to John Locke and forward into the early years of the United States as a nation proper, Breidenbach illustrates the difference between religious toleration versus religious liberty and helps us see why the matter of bishops and even church architecture were matters of such contention in the founding era.This is a book not just for Catholics, but for all of us who care about and live under the protection of the First Amendment—and, as Breidenbach makes clear, under this part of Article 6 of the Constitution, “no religious test shall ever be required as a qualification to any office or public trust under the United States.” As we saw during the hearings for Amy Coney Barrett’s initial judicial appointment, this issue and anti-Catholic sentiment live with us still.Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America makes intellectual, legal, religious and political history come alive. It is global history too, given its coverage of all these matters in locales such as Jamaica and Barbados.We see powerful and influential Catholics like the Carrolls (including John Carroll 1735 –1815, the first Roman Catholic bishop and archbishop in the United States) taking both brave public stands and maneuvering tirelessly and shrewdly behind the scenes with non-Catholic allies like James Madison and Benjamin Franklin on behalf of religious liberty. This is a work abounding in insights about heretofore little recognized but crucial players and modes of thinking that made us the freedom-focused country we became.Give a listen.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