New Books in Law

In Ancient Rome, all the best stories have one thing in common—murder. Romulus killed Remus to found the city, Caesar was assassinated to save the Republic. Caligula was butchered in the theater, Claudius was poisoned at dinner, and Galba was beheaded in the Forum. In one 50-year period, 26 emperors were murdered.But what did killing mean in a city where gladiators fought to the death to sate a crowd? In A Fatal Thing Happened on the Way to the Forum (Harry N. Abrams, 2021), Emma Southon examines a trove of real-life homicides from Roman history to explore Roman culture, including how perpetrator, victim, and the act itself were regarded by ordinary people. Inside Ancient Rome's darkly fascinating history, we see how the Romans viewed life, death, and what it means to be human.Emma Southon holds a PhD in ancient history from the University of Birmingham. She co-hosts a history podcast with writer Janina Matthewson called History is Sexy and works full time as a bookseller at Waterstones Belfast.Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Rule of Law in the United States: An Unfinished Project of Black Liberation (Hart, 2021), Dr. Paul Gowder focuses on examining the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? The book considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.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 the United States, tens of thousands of children are conceived every year with donated gametes. When people decide to create a child with donated gametes, they’ll typically have to make a moral decision about whether the identity of the donor will be available to the resulting person. This quickly raises additional moral and even existential questions about the value of knowing about the circumstances of our own conception.In Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation (Oxford UP, 2021) Daniel Groll argues that because donor-conceived persons are likely to develop a significant and worthwhile interest in knowing the identity of their genetic progenitor, their intended parents have an obligation to use a non-anonymous donor.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

For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State (Stanford UP, 2021), Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Useful Bullshit: Consitutions in Chinese Politics and Society (Cornell University Press, 2022) Dr. Neil Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC primarily around the first draft constitution in 1954. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day." But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy?Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant explores all facets of this constitutional discussion, as well as its afterlives in the late '50s, the Cultural Revolution, and the post-Mao era. Useful Bullshit illuminates how the Chinese government understands and makes use of the constitution as a political document, and how a vast array of citizens—police, workers, university students, women, and members of different ethnic and religious groups—have responded.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. Dr. Melcher also lived in Beijing, China for nearly 10 years, and keeps an eye on China-Africa security issues. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law and violence are thought to share an antithetical relationship in postcolonial modernity. Violence is considered the other of law, lawlessness is understood to produce violence, and law is invoked and deployed to undo the violence of lawlessness. Oishik Sircar's book Violent Modernities: Cultural Lives of Law in the New India (Oxford UP, 2021) uses a critical legal perspective to show that law and violence in the New India share a deep intimacy, where one symbiotically feeds the other. Researched and written between 2008 and 2018, the chapters study the cultural sites of literature, cinema, people's movements, popular media and the university to illustrate how law's promises of emancipation and performances of violence live a life of entangled contradictions. The book foregrounds reparative and ethical accounts where law does not only inhabit courtrooms, legislations and judgments, but also lives in the quotidian and minor practices of disobediences, uncertainties, vulnerabilities, double binds and failures. When the cultural lives of law are reimagined as such, the book argues, the violence at the foundations of modern law in the postcolony begins to unravel.Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Camilla Fitzsimons is an activist and a member of the Dublin West Pro Choice group. She works at Maynooth University and is the author of Community Education and Neoliberalism. Sinéad Kennedy is the co-founder of The Coalition to Repeal the Eighth and an executive member of Together for Yes. She works at Maynooth University and is the co-editor of The Abortion Papers, Ireland.In this interview Fitzsimons and Kennedy discuss their new book Repealed: Ireland’s Unfinished Fight for Reproductive Rights (Pluto Press, 2021), a celebration and analysis of a 35-year long grassroots movement that successfully overturned the ban on abortion in IrelandIn 1983, the Eighth Amendment to the Irish Constitution created defined legal protections for the “unborn” and led to the Republic of Ireland having one of the strictest abortion regimes in the world, at a time when the rest of western Europe was liberalizing abortion access. In 2018, this constitutional ban that equated the life of a woman to the life of a fertilised embryo was overturned and abortion was finally legalised. This victory for the Irish Repeal movement set the country alight with euphoria. But, for some, the celebrations were short-lived – the new legislation turned out to be one of the most conservative in Europe. People still travel overseas for abortions and services are not yet fully commissioned in Northern Ireland. Repealed traces the history of the origins of the Eighth Amendment, which was drawn up in fear of a tide of liberal reforms across Europe. It draws out the lessons learned from the groundbreaking campaign in 2018, which was the culmination of a 35-year-long reproductive rights movement and an inspiring example of modern grassroots activism. It tells the story of the “Repeal” campaign through the lens of the activists who are still fighting in a movement that is only just beginning.Aidan Beatty is a historian at the Honors College of the University of Pittsburgh Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Jewish World of Alexander Hamilton (Princeton UP, 2021), Andrew Porwancher debunks a string of myths about the origins of this founding father to arrive at a startling conclusion: Hamilton, in all likelihood, was born and raised Jewish. For more than two centuries, his youth in the Caribbean has remained shrouded in mystery. Hamilton himself wanted it that way, and most biographers have simply assumed he had a Christian boyhood. With a detective’s persistence and a historian’s rigor, Porwancher upends that assumption and revolutionizes our understanding of an American icon.This radical reassessment of Hamilton’s religious upbringing gives us a fresh perspective on both his adult years and the country he helped forge. Although he didn’t identify as a Jew in America, Hamilton cultivated a relationship with the Jewish community that made him unique among the founders. As a lawyer, he advocated for Jewish citizens in court. As a financial visionary, he invigorated sectors of the economy that gave Jews their greatest opportunities. As an alumnus of Columbia, he made his alma mater more welcoming to Jewish people. And his efforts are all the more striking given the pernicious antisemitism of the era. In a new nation torn between democratic promises and discriminatory practices, Hamilton fought for a republic in which Jew and Gentile would stand as equals.By setting Hamilton in the context of his Jewish world for the first time, this fascinating book challenges us to rethink the life and legend of America's most enigmatic founder.Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the end of the Supreme Court's 2019-20 term, the center was holding. The predictions that the court would move irrevocably to the far right hadn't come to pass, as the justices released surprisingly moderate opinions in cases involving abortion rights, LGBTQ rights, and how local governments could respond to the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-21 term, much about the nation's highest court has changed. The right-wing supermajority had completed its first term on the bench, cementing Donald Trump's legacy on American jurisprudence.This is the story of that term. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the ongoing debate about the role of religion in American life, the Supreme Court has been at the center of many of the biggest events of the year. Throughout Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court (Random House, 2021), legendary journalist Linda Greenhouse, who won a Pulitzer Prize for her Supreme Court coverage, gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect.Ultimately, Greenhouse asks a fundamental question relevant to all Americans: Is this still John Roberts's Supreme Court, or does it now belong to Donald Trump?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

Uber's April 2016 launch in Buenos Aires plunged the Argentine capital into a frenzied hysteria that engulfed courts of law, taxi drivers, bureaucrats, the press, the general public, and Argentina's president himself. Economist and anthropologist Juan M. del Nido, who had arrived in the city six months earlier to research the taxi industry, suddenly found himself documenting the unprecedented upheaval in real time. Taxis Vs. Uber: Courts, Markets and Technology in Buenos Aires (Stanford UP, 2021) examines the ensuing conflict from the perspective of the city's globalist, culturally liberal middle class, showing how notions like monopoly, efficiency, innovation, competition, and freedom fueled claims that were often exaggerated, inconsistent, unverifiable, or plainly false, but that shaped the experience of the conflict such that taxi drivers' stakes in it were no longer merely disputed but progressively written off, pathologized, and explained away.This first book-length study of the lead-up to and immediate aftermath of the arrival of a major platform economy to a metropolitan capital considers how the clash between Uber and the traditional taxi industry played out in courtrooms, in the press, and on the street. Looking to court cases, the politics of taxi licenses, social media campaigns, telecommunications infrastructure, public protests, and Uber's own promotional materials, del Nido examines the emergence of "post-political reasoning": an increasingly common way in which societies neutralize disagreement, shaping how we understand what we can even legitimately argue about and how.Sneha Annavarapu is Assistant Professor of Urban Studies at Yale-NUS College. To know more about Sneha's work, please visit www.snehanna.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law