New Books in Law

In the Shadow of the Ivory Tower: How Universities are Plundering our Cities (Bold Type Books, 2021) by Dr. Davarian Baldwin examines the political economy of the American university over the twentieth and twentieth-first centuries. He brings a Black Studies lens to interrogate the ways that universities hide behind the notion of administering public goods to protect their tax-exempt status while generating astronomical profits off of the backs of working-class people, graduate student teachers and researchers, and underpaid and contingent faculty. We discuss the securitization and development implications of growing university wealth and how it engenders forms of radicalized plunder, racist policing, gentrification, and exploitation by the 1%. With a focus on this and more, we talk about what it means to live in the shadow of ivory tower.Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the global movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this Postscript, Susan Liebell and Lilly Goren review this morning’s U.S. Supreme Court decision in Texas SB-8, the oral arguments in last week’s Mississippi abortion case, and the wider issues of the Court’s legitimacy, electoral backlash, ripple effects beyond abortion to marriage equality or protection of sexuality, the effect of a ruling on electoral politics, and the effectiveness of grassroots organizing. We are joined by Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver).Daniella Campos assisted with this podcast.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today we are joined by William J. Morgan, Professor Emeritus at the University of Southern California, and the author of Sport and Moral Conflict: A Conventionalist Theory (Temple University Press, 2020). In our conversation, we discussed three theories of sports ethics (formalism, internalism/interpretivism, and conventionalism.) We looked at how sports philosophers use historical controversies as test cases for their philosophical theories, but also applied those philosophical approaches to contemporary sports issues including the use of performance enhancing drugs and the payment of college athletes.Sport and Moral Conflict takes sport as a moral laboratory and Morgan wrote it as an extended conversation between theories of sports ethics. Each chapter addresses a different sports philosophical theory: formalism, a broad internalism that centres metaphysical methods, a broad internalism that uses a discourse method, and finally a conventionalist ethical theory of sport. He also outlines what he calls the two duelling conceptions of sport in the early 20th century, an amateur world guided by British public school athletes and a professional world of American scientific sportsmen. These two different sporting conceptions, according to Morgan, shape much of the athletic debate the age. Understanding the different world views of these two schools provides for conventionalists a way of comprehending contemporary moral controversy in sport.The bulk of Morgan’s book is an extensive and fairhanded analysis of alternative theories of sports ethics; the depth of his investigation defies easy summary. He looks closely at formalism and internalism, offering appraisals of these theories that highlight both their successes and their failures. For example, formalists like Bernard Suits not only succeeded in developing very plausible definitions of sports, but in their emphasis on the written rules of sport, also failed to appropriately consider the rules beyond the written rules that guide competitive performances.A close look at a range of test cases allow Morgan to interrogate the different sports philosophy approaches. In 1887, a baserunner that crossed home plate, tackled and held down the catcher which allowed two other runners to score. Was this behaviour permissible, even if it was technically not a rule violation? A formalist approach would have difficulty in dealing with these kinds of rules violation; by contrast, internalists and conventionalists stress the subtextual rules that shape athletes’ behaviours. The baserunners in 1887 were called out.Keith Rathbone is a senior lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. His book, entitled Sport and physical culture in Occupied France: Authoritarianism, agency, and everyday life, (Manchester University Press, 2022) examines physical education and sports in order to better understand civic life under the dual authoritarian systems of the German Occupation and the Vichy Regime. If you have a title to suggest for this podcast, please contact him at keith.rathbone@mq.edu.au and follow him at @keithrathbone on twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How has “cybersecurity” become a catch-all for everything that touches our digital world? In his new book, The Politics of Cybersecurity in the Middle East (Hurst, 2021), Dr. James Shires shows how myriad actors have exploited the prominent yet esoteric nature of the field, appropriating its symbolic power to serve their own interests. In the process, cybersecurity has grown to incorporate a series of seemingly distinct practices.An Assistant Professor at the Institute of Security and Global Affairs at the University of Leiden, Dr. Shires explores four discursive spaces where the language of cybersecurity permeates: cybersecurity as interstate digital conflict, cybersecurity as the protection of human rights, cybersecurity as domestic information control, and cybersecurity as the prevention of foreign interference. Through a close examination of each of these spaces within the Middle East, Dr. Shires deconstructs how various actors disguised value-laden arguments as technological imperatives—and how they reacted when they met resistance from skeptics. He concludes that politics, as much as the essentials of technology, often determines the scope and nature of cybersecurity.John Sakellariadis is a 2021-2022 Fulbright US Student Research Grantee. He holds a master’s degree in public policy from the School of International and Public Affairs at Columbia and a bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mobility has been central to the American identity—think of the automobile, the perceived freedom that comes with it, the open road—but Black Americans have never possessed the same freedom to move around as whites. From the slave patrols policing the movement of Black Americans in the nineteenth century to the indignities and violence that Blacks suffered on road-trips in the twentieth, Black travelers in the United States have faced violence, indignities, and a confusing and contradictory set of racist rules. This history—the history of the Black experience of travel in the United States—is expertly and beautifully told by Mia Bay in her new book Traveling Black: A Story of Race and Resistance (Harvard UP, 2021)In addition to examining the white-supremacist restrictions on Black travel, Bay—the Roy F. and Jeannette P. Nichols Chair in American History at the University of Pennsylvania—foregrounds how Black Americans coped (The Negro Motorist Green Book is one such example) and even resisted travel segregation. In fact, by putting travel at the center of her analysis, Bay sheds new light on the the civil rights movement. Finally, Bay concludes the book with an epilogue on the continuities into the present, writing that “there's no need to travel back in time to travel Black.”Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Power of Sympathy: Politics and Moral Sentimentalism is based on an in-depth filmed conversation between Howard Burton and Michael Frazer, Senior Lecturer in Political and Social Theory at the University of East Anglia. After a detailed discussion of Prof. Frazer’s intellectual journey, the conversation explores the core ideas behind the sentimentalist theory as outlined in Prof. Frazer’s book called The Enlightenment of Sympathy.Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do terror and popularity merge under a dictatorship? How did the Gestapo deal with critics of Nazism? Based on hundreds of secret police case files, Enemies of the People explores the day-to-day reality of political policing under Hitler. Examining the Gestapo's policy of 'selective enforcement', J. Ryan Stackhouse challenges the abiding perception of the Gestapo as policing exclusively through terror. Instead, he reveals the complex system of enforcement that defined the relationship between state and society in the Third Reich and helps to explain the Germans' abiding support for Hitler and their complicity in the regime's crimes. Stories of everyday life in Nazi Germany paint the clearest picture yet of just how differently the Gestapo handled certain groups and actions, and the routine investigation, interrogation, and enforcement practices behind this system. Enemies of the People: Hitler's Critics and the Gestapo (Cambridge UP, 2021) offers penetrating insights into just how reasonable selective enforcement appeared to Germans, and draws unavoidable parallels with the contemporary threat of authoritarianism.Lea Greenberg is a scholar of German studies with a particular focus on German Jewish and Yiddish literature and culture; critical gender studies; multilingualism; and literature of the post-Yugoslav diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Smashing the Liquor Machine: A Global History of Prohibition (Oxford UP, 2021) is a unique retelling of the history of temperance and prohibition. Rather than focusing on white, rural, conservative American bible-thumpers, Mark Lawrence Schrad contends that the temperance movement was a progressive, international, and revolutionary movement of oppressed-peoples fighting the liquor traffic, through which states and rich capitalists combined to get the lower classes addicted to drink for profit. Schrad shows that the temperance movement was in fact a global pro-justice movement that had an impact in nearly every major country in the world, both developing and developed. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The contemporary opioid crisis is widely seen as new and unprecedented. Not so. It is merely the latest in a long series of drug crises stretching back over a century. In White Market Drugs: Big Pharma and the Hidden History of Addiction in America (U Chicago Press, 2020), David Herzberg explores these crises and the drugs that fueled them, from Bayer's Heroin to Purdue's OxyContin and all the drugs in between: barbiturate "goof balls," amphetamine "thrill pills," the "love drug" Quaalude, and more. As Herzberg argues, the vast majority of American experiences with drugs and addiction have taken place within what he calls "white markets," where legal drugs called medicines are sold to a largely white clientele.These markets are widely acknowledged but no one has explained how they became so central to the medical system in a nation famous for its "drug wars"--until now. Drawing from federal, state, industry, and medical archives alongside a wealth of published sources, Herzberg re-connects America's divided drug history, telling the whole story for the first time. He reveals that the driving question for policymakers has never been how to prohibit the use of addictive drugs, but how to ensure their availability in medical contexts, where profitability often outweighs public safety. Access to white markets was thus a double-edged sword for socially privileged consumers, even as communities of color faced exclusion and punitive drug prohibition. To counter this no-win setup, Herzberg advocates for a consumer protection approach that robustly regulates all drug markets to minimize risks while maintaining safe, reliable access (and treatment) for people with addiction.Accomplishing this requires rethinking a drug/medicine divide born a century ago that, unlike most policies of that racially segregated era, has somehow survived relatively unscathed into the twenty-first century.By showing how the twenty-first-century opioid crisis is only the most recent in a long history of similar crises of addiction to pharmaceuticals, Herzberg forces us to rethink our most basic ideas about drug policy and addiction itself--ideas that have been failing us catastrophically for over a century.David Herzberg is an associate professor of history at the University of Buffalo is also the author of Happy Pills in America from Milltown to Prozac. David is also the co-editor of the journal Social History of Alcohol and Drugs. Jay Shifman is a vulnerable storyteller, a stigma-destroying speaker, and the founder of Choose Your Struggle podcast. A guy in long-term recovery, Jay is dedicated to ending stigma and promoting fact-based education around Mental Health, Substance Misuse & Recovery, and Drug Use & Policy. You can learn more about Jay at his links here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law