New Books in Law

In one of the most “exciting and engaging” (Gordon S. Wood) histories of the American founding in decades, Pulitzer Prize–winning historian Joseph J. Ellis offers an epic account of the origins and clashing ideologies of America’s revolutionary era, recovering a war more brutal, and more disorienting, than any in our history, save perhaps the Civil War.For more than two centuries, historians have debated the history of the American Revolution, disputing its roots, its provenance, and above all, its meaning. These questions have intrigued Ellis―one of our most celebrated scholars of American history―throughout his entire career. With this much-anticipated volume, he at last brings the story of the revolution to vivid life, with “surprising relevance” (Susan Dunn) for our modern era. Completing a trilogy of books that began with Founding Brothers, The Cause: The American Revolution and Its Discontents, 1773-1783 (Liveright, 2021) returns us to the very heart of the American founding, telling the military and political story of the war for independence from the ground up, and from all sides: British and American, loyalist and patriot, white and Black.Taking us from the end of the Seven Years’ War to 1783, and drawing on a wealth of previously untapped sources, The Cause interweaves action-packed tales of North American military campaigns with parlor-room intrigues back in England, creating a thrilling narrative that brings together a cast of familiar and long-forgotten characters. Here Ellis recovers the stories of Catherine Littlefield Greene, wife of Major General Nathanael Greene, the sister among the “band of brothers”; Thayendanegea, a Mohawk chief known to the colonists as Joseph Brant, who led the Iroquois Confederation against the Patriots; and Harry Washington, the enslaved namesake of George Washington, who escaped Mount Vernon to join the British Army and fight against his former master.Countering popular histories that romanticize the “Spirit of ’76,” Ellis demonstrates that the rebels fought under the mantle of “The Cause,” a mutable, conveniently ambiguous principle that afforded an umbrella under which different, and often conflicting, convictions and goals could coexist. Neither an American nation nor a viable government existed at the end of the war. In fact, one revolutionary legacy regarded the creation of such a nation, or any robust expression of government power, as the ultimate betrayal of The Cause. This legacy alone rendered any effective response to the twin tragedies of the founding―slavery and the Native American dilemma―problematic at best. Charles Coutinho Ph. D. of the Royal Historical Society, received his doctorate from New York University. His area of specialization is 19th and 20th-century European, American diplomatic and political history. He has written for Chatham House’s International Affairs, the Institute of Historical Research's Reviews in History and the University of Rouen's online periodical Cercles. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For many Americans, the birth certificate is a mundane piece of paper, unearthed from deep storage when applying for a driver’s license, verifying information for new employers, or claiming state and federal benefits. Yet as Donald Trump and his fellow “birthers” reminded us when they claimed that Barack Obama wasn’t an American citizen, it plays a central role in determining identity and citizenship.In The Birth Certificate: An American History (University of North Carolina Press, 2021), award-winning historian Susan J. Pearson traces the document’s two-hundred-year history to explain when, how, and why birth certificates came to matter so much in the United States. Deftly weaving together social, political, and legal history, The Birth Certificate is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans.Susan J. Pearson is associate professor of history at Northwestern University and the author of The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America.Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity 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

Much has been reported and discussed about the hotly debated issue of immigration enforcement, yet a question is still to be explored: What is the impact of the immigration enforcement on schools and our educational system? In Schools Under Siege: The Impact of Immigration Enforcement on Educational Equity (Harvard Education Press, 2021), Patricia Gándara and Jongyeon Ee addressed this question using rich and comprehensive data from their survey and interview studies. More than 6 million school aged children and youths live in a household in which at least one of their close family members is undocumented. Schools Under Siege sheds light on what the immigration enforcement by US Immigration and Customs Enforcement (ICE) means to these children. The book also explores the multi-faceted consequences, both direct and indirect, for their classmates, educators, schools, and communities.Schools Under Siege found that fear, stress, and trauma invoked by the threat of ICE detention and deportation contribute to increased absenteeism, decreased student achievement, and parent disengagement. Bullying becomes more widespread, and a multitude of other effects impact school climate and student health and well-being. Amplifying the burden, these effects are experienced disproportionately in poorly funded districts and Title I schools and are felt more acutely among vulnerable populations such as immigrant students, English language learners, and Latinx students.In this episode, you will hear their findings, with vivid examples, about the challenges that these children encountered living under the fear of being separated from their family members. Many children are American citizens and they faced the challenges of absenteeism, trauma, bully, among other things. Patricia and Jongyeon also discussed various innovative ways that educators come up with to support these students, including the idea of sanctuary schooling. They offer informative suggestions to educators and policy makers and engage the public in understanding the profound challenges schools and educators are facing today in supporting disadvanted and minoritized studenets.Patricia Gándara is research professor and codirector of the Civil Rights Project at UCLA. She is also director of education for the University of California–Mexico Initiative. Jongyeon Ee is an assistant professor at the School of Education, Loyola Marymount University (LMU). Pengfei Zhao is a critical researcher and qualitative research methodologist based at the University of Florida. She is currently working on a book manuscript studying the coming of age experience of rural Chinese youth during and right after the Cultural Revolution. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. Noah Weisbord, The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats (Princeton UP, 2019) is Noah Weisbord’s riveting insider’s account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start.Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war—and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror.The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft.Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Seth Barrett Tillman, an associate professor of law at Maynooth University in Ireland, has written two revisionist articles about an incident from 1809 in North Carolina. In November of that year Jacob Henry was re-elected to the lower house of the North Carolina legislature. A fellow legislator moved to have Henry’s seat declared vacant because Henry purportedly failed the state constitution’s religious test. The next day there was a debate and the motion failed, allowing Henry to keep his seat. This unusual event has been cited by historians for different reasons. Some historians have contended that Henry was the victim of antisemitism and the failure to oust him was a sign that religious toleration had increased in the new nation. Whereas others have contended that the fact Henry was challenged at all demonstrates the bigotry of those who supported the challenge to Henry being seated. Tillman contends that recently unearthed newspaper accounts suggest the complexity and potential motives for the events are far from uncertain. In this interview we discuss Tillman’s two recent articles on this event and what it portends for the historical profession’s reliance upon primary documents to understand the past. Seth Barrett Tillman, A Religious Test in America?: The 1809 Motion to Vacate Jacob Henry’s North Carolina State Legislative Seat—A Re-Evaluation of the Primary Sources, 98(1) North Carolina Historical Review 1–41 (Jan. 2021).Seth Barrett Tillman, What Oath (if any) did Jacob Henry take in 1809?: Deconstructing the Historical Myths, American J. of Legal Hist.(forth. circa Mar. 2022). Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Scientist Mark Berlin’s new book, Criminalizing Atrocity: The Global Spread of Criminal Laws Against International Crimes (Oxford UP, 2020), examines the process through which laws against international crimes are established and integrated into the legal regimes of nations. One of the initial questions Berlin hoped to answer with his work was why do countries choose to pass and implement laws about genocide and atrocities—noting that there was no clear tracing of patterns around the world when he first started his research. It becomes clear that there are two prongs to this question, in terms of the answers: how do countries establish and integrate these laws, and why do they choose to do so. Criminalizing Atrocity outlines the answers to these questions, explaining that either countries take up a wholesale reform of their criminal codes, and in the process integrate laws against genocide and atrocities, or countries pass and implement specific laws targeted to atrocities and genocide. Berlin’s research also indicates that the regime type or a regime’s propensity for war do not matter in terms of how these laws are passed and put into action.While there has been codifications and work done in this realm of law for some time, much activity in this area followed World War II and the Nuremberg trials. Criminalizing Atrocity explores this postwar period, when experts in this realm were working to develop legal regimes to address genocide and atrocity crimes. While this postwar period brought some attention to these criminal codes, much more happened as the Cold War came to a conclusion and many countries integrated atrocity laws into their legal regimes. Berlin examines all of this through a multi-method approach, compiling extensive data on individual country’s legal regimes as part of the research, alongside interviews, archival work, and analysis of primary sources.Criminalizing Atrocity will be of interest to a large cross section of scholars, including those who study international law, comparative politics, legal studies, genocide and war crimes, governmental reform, and historians.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

The Deportation Express: A History of America Through Forced Removal (University of California Press, 2021) details the history of the United States' systematic expulsion of "undesirables" and immigrants, told through the lives of the passengers who travelled from around the world, only to be locked up and forced out aboard America's first deportation trains. The United States, celebrated as a nation of immigrants and the land of the free, has developed the most extensive system of imprisonment and deportation that the world has ever known. The Deportation Express is the first history of American deportation trains: a network of prison railroad cars repurposed by the Immigration Bureau to link jails, hospitals, asylums, and workhouses across the country and allow forced removal with terrifying efficiency. With this book, historian Ethan Blue uncovers the origins of the deportation train and finds the roots of the current moment, as immigrant restriction and mass deportation once again play critical and troubling roles in contemporary politics and legislation.Ethan Blue is Senior Lecturer in History at the University of Western Australia, and has published widely on the United States and Australian penal systems.Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity 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

The idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility: The History and Future of Protection from Atrocities (Princeton UP, 2021), Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena.With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future.Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, Henry Redwood argues in The Archival Politics of International Courts (Cambridge University Press, 2021), these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain.Margot Tudor is a postdoctoral research fellow at the University of Exeter, based in the Politics department. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Intolerable: Writings from Michel Foucault and the Prisons Information Group (1970-1980) (University of Minnesota Press, 2021), edited by Kevin Thompson and Perry Zurn, is a groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France's inhumane treatment of prisonersFounded by Michel Foucault and others in 1970-71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Hélène Cixous and writings by Gilles Deleuze and Jean Genet.These archival documents--public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions--trace the GIP's establishment in post-1968 political turmoil, the new models of social activism it pioneered, the prison revolts it supported across France, and the retrospective assessments that followed its denouement. At the same time, Intolerable offers a rich, concrete exploration of Foucault's concept of resistance, providing a new understanding of the arc of his intellectual development and the genesis of his most influential book, Discipline and Punish.Presenting the account of France's most vibrant prison resistance movement in its own words and on its own terms, this significant and relevant collection also connects the approach and activities of the GIP to radical prison resistance movements today.Kevin Thompson is professor of philosophy at DePaul University. He is author of Hegel’s Theory of Normativity.Perry Zurn is assistant professor of philosophy at American University. He is coeditor of Curiosity Studies: A New Ecology of Knowledge (Minnesota, 2020) and Active Intolerance: Michel Foucault, the Prisons Information Group, and the Future of Abolition.Kirk Meighoo is Public Relations Officer for the United National Congress, the Official Opposition in Trinidad and Tobago. His career has spanned media, academia, and politics for three decades. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law