New Books in Law

Lee B. Wilson is the author of Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660-1783, published by Cambridge University Press in 2021. Bonds of Empire explores how English law gave the institution of slavery its ability to thieve and grow. By looking at how law was practiced, instead of solely focusing on how it was written, Wilson follows the development of the institution of slavery in South Carolina and the English law of slavery in the colony. The day to day legal life of slavery in the colon shows just how much English law was crucial, and not opposed, to the enslavement of people.Dr. Wilson is an Associate Professor at Clemson University.Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Who governs political parties? Recent insurgent campaigns, such as those of Donald Trump and Bernie Sanders, have thrust this critical question to the center of political debate for casual observers and scholars alike. Yet the dynamics of modern party politics remain poorly understood. Assertions of either elite control or interest group dominance both fail to explain the Trump victory and the surprise of the Sanders insurgency and their subsequent reverberations through the American political landscape.In True Blues: The Contentious Transformation of the Democratic Party (U Pennsylvania Press, 2021), Adam Hilton tackles the question of who governs parties by examining the transformation of the Democratic Party since the late 1960s. Reconceiving parties as “contentious institutions,” Hilton argues that Democratic Party change was driven by recurrent conflicts between groups and officeholders to define and control party identity, program, and policy. The outcome of this prolonged struggle was a wholly new kind of party—an advocacy party—which institutionalized greater party dependence on outside groups for legitimacy and organizational support, while also, in turn, fostering greater group dependency on the presidency for the satisfaction of its symbolic and substantive demands. Consequently, while the long conflict between party reformers and counter-reformers successfully opened the Democratic Party to new voices and identities, it also facilitated the growth of presidential power, rising inequality, and deepening partisan polarization.Tracing the rise of the advocacy party from the fall of the New Deal order through the presidency of Barack Obama, True Blues explains how and why the Democratic Party has come to its current crossroads and suggests a bold new perspective for comprehending the dynamics driving American party politics more broadly.Adam Hilton is Assistant Professor of Politics at Mount Holyoke College in South Hadley, Massachusetts. He earned his PhD from the Department of Political Science at York University, Toronto. His current research focuses on the relationship between movements, interest groups, and political parties, and the agency of political entrepreneurs in transforming them. In addition to True Blues, he is also working on an edited book with Jessica Hejny, tentatively titled Placing Parties in American Political Development.Joe Renouard is Resident Professor of American Studies and Fei Yi-Ming Journalism Foundation Chair of American Government and Comparative Politics at the Johns Hopkins University School of Advanced International Studies in Nanjing, China. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers.In The War Lawyers: The United States, Israel, and Juridical Warfare (Oxford University Press, 2021), Craig Jones examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza.This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood.Craig Jones is a Lecturer in Political Geography in the School of Geography, Sociology and Politics at Newcastle University.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

Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others), and using examples from across the globe, Alison Ritter's Drug Policy (Routledge, 2021) provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis.The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies.This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/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

All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and scholarly debates – with an emphasis on the vulnerability of birthright citizenship to indirect and direct change.Dr. Julie L. Novkov is Professor of Political Science and Women’s, Gender, and Sexuality Studies and interim dean of Rockefeller college at the University at Albany, SUNY. She is the author of Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954 (UMichigan, 2008).Dr. Carol Nackenoff is Richter Professor emeritus of Political Science at Swarthmore College. She is the author of The Fictional Republic: Horatio Alger and American Political Discourse (Oxford, 1994).They are also co-editors of Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020) and Statebuilding from the Margins: Between Reconstruction and the New Deal (University of Pennsylvania Press, 2014)Two resources mentioned in the podcast: Tian Atlas Xu’s “Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930” andthe symposium on American by Birth.Daniella Campos assisted with 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

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

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

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