New Books in Law

Figures of the Future: Latino Civil Rights and the Politics of Demographic Change (Princeton UP, 2021) examines the “contemporary population politics of national Latino civil rights advocacy.” The book challenges readers to generally understand democratic projections as problematic, political, and manufactured -- and specifically consider the case of how prominent Latino civil rights groups used such projections during the Obama and Trump administrations to “accelerate the when of Latino political power.” Groups like UnidosUS, the League of United Latin American Citizens, and Voto Latino believed that they could mobilize demographic data about the growing Latino population to increase political recognition and respect -- hoping to unify and inspire. But Figures of the Future urges us to be attentive to the manner in which projected demographics can be “objects of aspiration” but also weaponized and sources of frustration. Deploying three main sources of data (participation observation, interviewing, and the collection of primary material) Dr. Michael Rodríguez-Muñiz asks us to see that “it is politics -- not demography -- that governs what we think and feel about ethnoracial demographic change.” We don’t need better data -- we need a more critical and vigilant eye to the political phenomenon.Dr. Michael Rodríguez-Muñiz is an assistant professor of sociology and Latina/Latino studies at Northwestern University.Daniella Campos assisted with and helped inspire this podcast.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

As people reach for social justice and better lives, they create public goods--free education, public health, open parks, clean water, and many others--that must be kept out of the market. When private interests take over, they strip public goods of their power to lift people up, creating instead a tool to diminish democracy, further inequality, and separate us from each other. The Privatization of Everything: How the Plunder of Public Goods Transformed America and How We Can Fight Back (New Press, 2021), by the founder of In the Public Interest, an organization dedicated to shared prosperity and the common good, chronicles the efforts to turn our public goods into private profit centers. The Privatization of Everything connects the dots across a broad spectrum of issues and raises larger questions about who controls the public things we all rely on, exposing the hidden crisis of privatization that has been slowly unfolding over the last fifty years and giving us a road map for taking our country back. 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

Jeffrey Bachman's edited volume Cultural Genocide: Law, Politics, and Global Manifestations (Routledge, 2019) asks where the boundaries between genocide and other kinds of mass atrocity violence rest and what the stakes are in locating them here rather than there.Bachman, Senior Professorial Lecturer at the American University and a co-host of this podcast, has assembled a wide-ranging set of scholars to consider how and why the label 'cultural genocide' has been so contentious over the past decades. Bachman's own essay (co-written with Lauren Carasik) explains how and why the term was eliminated from early drafts of the UN Convention on the Prevention and Punishment of Genocide. Other essays range from theoretical examinations to contemporary case studies to inquiries about redress and reconciliation. Many highlight little known conflicts or disputes. Collectively, they will challenge the reader to reconsider earlier understandings of genocide and its causes and consequences.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Suspect Communities: Anti-Muslim Racism and the Domestic War on Terror (University of Minnesota Press, 2019) is a powerful reassessment of the U.S. government’s “countering violent extremism” (CVE) program that has arisen in major cities across the United States since 2011. Drawing on an interpretive qualitative study, Nicole Nguyen, Associate Professor at the University of Illinois-Chicago, examines how the concept behind CVE—aimed at combating homegrown terrorism by engaging Muslim community members, teachers, and religious leaders in monitoring and reporting on young people—has been operationalized through the everyday work of CVE actors, from high-level national security workers to local community members, with significant penalties for the communities themselves. By undertaking this analysis, Nicole Nguyen offers a vital window into the inner workings of the U.S. security state and the devastating impact of the CVE program on local communities. In our conversation we discussed counterterrorism policy, radicalization theories, national security trainings and conferences, the difference between anti-Muslim racism and Islamophobia, public objections to CVE, activist resistance, how and why Muslims participate in policing communities, targeting Muslim youth, and the role of schools and teachers. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amid a string of fall 2021 news reports about past-due exonerations and (white) self-defense that document the limits of racial justice within the U.S. legal system, Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities (Brandeis University Press, 2021) becomes an even more relevant and timely book. Dr. Jan Nisbet, who authored the book with contributions from Nancy Weiss, introduces it succinctly: “The story is long, complicated, and filled with questions about society and its ability to care about, protect, and support the most vulnerable citizens. It is a story that calls into question the degree to which people who do not have disabilities can separate themselves from those who do, allowing painful interventions that they themselves would not likely tolerate” (2021, p. 8). If justice is central to evaluations of the social policies and public institutions charged with administering it, disability–as core issue theorized in philosophies of justice–must be centered as well (Putnam et al., 2019).To this end, Pain and Shock in America “intentionally highlights the hard-fought battles of disabled survivors like Jennifer Msumba and disabled-led advocacy organizations like the Autistic Self-Advocacy Network,” as “disabled self-advocates (who also happen to be lawyers)” (Nisbet 2021, p. vii-viii) Shain M. Neumeier and Lydia X.Z. Brown write in the Foreword––themselves appearing in the book as leaders with critical roles. The volume chronicles a nearly half-century saga involving the law, education, psychology, and medical fields as they converge in methods and culture of The Judge Rotenberg Center, a privately-run facility in Massachusetts which, despite six student deaths and consistent frequent citations for abuse and neglect, has been funded by taxpayers from about a dozen states and our nation’s capital as a placement for students with disabilities. Though its use of a self-made electric shock device makes the Judge Rotenberg Center unique in the country and perhaps the world, its institutional history provides a broader if extreme “lens through which we can understand the societal issues facing people with disabilities and their families” (Nisbet 2021, p. 10)Jan Nisbet is professor emeritus at the University of New Hampshire, where she served for ten years as the senior vice provost for research. Before assuming that position, she was the founding director of the Institute on Disability and professor in the Department of Education. She has been principal investigator on many state- and nationally-funded projects related to children and adults with disabilities.Nancy R. Weiss is a faculty member and the Director of the National Leadership Consortium on Developmental Disabilities at the University of Delaware. She is the former Executive Director of TASH, an international advocacy association committed to the full inclusion of people with disabilities. She has more than forty years of experience in the field of intellectual and developmental disabilities and has worked extensively providing community living and positive behavioral supports.Christina A. Bosch is an assistant professor of special education in the Literacy, Early, Bilingual and Special Education Department of the Kremen School of Education and Human Development at California State University Fresno; on Twitter as @DocCABosch Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This new book by James Kapaló and Kinga Povedák explores the complex intersection of secret police operations and the formation of the religious underground in communist-era Eastern Europe. In sixteen chapters, The Secret Police and the Religious Underground in Communist and Post-Communist Eastern Europe (Routledge, 2021) looks at how religious groups were perceived as dangerous to the totalitarian state whilst also being extremely vulnerable and yet at the same time very resourceful. In this podcast James and Kinga talk about what is special about secret police archives and how they allow us to explore the material culture, including things like photographs and food, of clandestine and secretive communities. They argue that stories from the archives continue to shape present day religious communities and postsocialist societies more generally as well as reflecting upon what comparing movements from eight different countries shows us that we might miss from looking just at one or two case studies.Roland Clark is a Senior Lecturer in Modern European History at the University of Liverpool, President of the Society for Romanian Studies, and a Senior Fellow with the Centre for Analysis of the Radical Right. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We tend to think that states can act wrongfully, even criminally. Thus, we also tend to think that states can be held responsible for their acts. They can be made to pay compensation to their victims or suffer penalties with respect to their standing in the international community, and so on. The trouble, though, is that when states are held responsible, the cost of moral repair is transferred to the citizens of the offending state, including citizens who objected to the wrongful acts, may have been unaware of them, or were powerless to prevent them. What could justify this?In Responsible Citizens, Irresponsible States: Should Citizens Pay for their State’s Wrongdoings? (Oxford University Press 2021), Avia Pasternak develops a new defense of the idea that citizens have a duty to share in the burdens of their state’s wrongdoing. However, Avia also addresses the practical moral complexities of state wrongdoing, and defends a context-sensitive framework for distributing the burden. 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

After One Hundred Winters: In Search of Reconciliation on America's Stolen Lands (Princeton UP, 2021) confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it. Jacobs traces the brutal legacy of systemic racial injustice to Indigenous people that has endured since the nation’s founding. Explaining how early attempts at reconciliation succeeded only in robbing tribal nations of their land and forcing their children into abusive boarding schools, she shows that true reconciliation must emerge through Indigenous leadership and sustained relationships between Indigenous and non-Indigenous people that are rooted in specific places and histories. In the absence of an official apology and a federal Truth and Reconciliation Commission, ordinary people are creating a movement for transformative reconciliation that puts Indigenous land rights, sovereignty, and values at the forefront. With historical sensitivity and an eye to the future, Jacobs urges us to face our past and learn from it, and once we have done so, to redress past abuses. Drawing on dozens of interviews, After One Hundred Winters reveals how Indigenous people and settlers in America today, despite their troubled history, are finding unexpected gifts in reconciliation.Brady McCartney is a scholar of religion, history, and environmental studies at the University of Florida. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eric Berkowitz has written a short history of a censorship, a large topic that has been a phenomenon since the advent of recorded history. In Dangerous Ideas: A Brief History of Censorship in the West from the Ancients to Fake News (Beacon Press, 2021), Berkowitz reviews the motives and methods of governments, religious authorities, and private citizens to quell freedom of thought and expression. One theme Berkowitz reveals is how ineffective many censorship efforts have been. For example, after the printing press multiplied the sources available to readers and the opportunities for the Church and governments to suppress books and pamphlets, the attempts to censor speech served to heighten interest and encourage more dissent, creating profitable black markets for forbidden topics. Some publishers actually encouraged authors to write something likely to be forbidden. Yet, Berkowitz forthrightly acknowledges the dangers under which free thinker have lived and continue to live in our contemporary world. The dangers of daring to express oneself are present not only in authoritarian polities but in our own, and Berkowitz’s history seeks to reveal the common motives of censors and their targets.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

Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a natureandnurture, biological and social, stance that allows it to avoid the pitfalls of the past. In Conviction: The Making and Unmaking of the Violent Brain (Stanford UP, 2021), Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 80s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain--or a brain that bears the marks of predisposition towards "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality.C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law