New Books in Law

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so?Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that members of Congress ascribed to the president as commander in chief and the boundaries they put around that authority.In Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers (University Press of Kansas, 2024) Dominguez shows that for more than a century members of Congress defined the commander in chief's authority narrowly, similar to that of any high-ranking military officer. But in a wave of nationalism during the Spanish-American War, members of Congress began to argue that Congress owed deference to the commander in chief – as a national representative of the military, nation, and flag rather than a military officer. These debates were partisan with members of Congress arguing for broader presidential war powers when the president was from their own party. Scholars often assume that it is the Supreme Court that interprets the Constitution but Dominguez’s work shows how all the branches interpret the constitution. She offers particularly keen insights on the use of constitutional stories or scripts about the commander in chief clause. While scholars have assumed that the expansion of presidential war powers happened in the middle of the 20th century, Dominguez’s research shows that the dynamical expansion began 50 years earlier. Her work helps readers understand when – and how – the United States shifted many military decisions to the president.Dr. Casey B. K. Dominguez is professor of Political Science and International Relations at the University of San Diego. Her research focuses on the relationships between political parties and interest groups, and on the evolution of Constitutional war powers in the United States. I’m delighted to welcome her to New Books in Political Science.Mentioned:Victoria A. Farrar-Myers’s book on constitutional scripts, Scripted for ChangeThe Institutionalization of the American Presidency (Texas A&M Press, 2007)Emmerich de Vattel’s The Law of Nations (1758)Mariah Zeisberg’s War Powers: The Politics of Constitutional Authority (Princeton 2013) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mexico is at the center of the global battle over abortion. In 2007, a watershed reform legalized the procedure in the national capital, making it one of just three places across Latin America where it was permitted at the time. Abortion care is now available on demand and free of cost through a pioneering program of the Mexico City Ministry of Health, which has served hundreds of thousands of women. At the same time, abortion laws have grown harsher in several states outside the capital as part of a coordinated national backlash.In Lawful Sins: Abortion Rights and Reproductive Governance in Mexico (Stanford University Press, 2022), Dr. Elyse Ona Singer argues that while pregnant women in Mexico today have options that were unavailable just over a decade ago, they are also subject to the expanded reach of the Mexican state and the Catholic Church over their bodies and reproductive lives. By analyzing the moral politics of clinical encounters in Mexico City's public abortion program, Lawful Sins offers a critical account of the relationship among reproductive rights, gendered citizenship, and public healthcare. With timely insights on global struggles for reproductive justice, Dr. Singer reorients prevailing perspectives that approach abortion rights as a hallmark of women's citizenship in liberal societies.This interview was conducted by Dr. Miranda Melcher whose new book focuses 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

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention.Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial.Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this compelling and informative interview, Carrie N. Baker discusses her newest book, Abortion Pills: US History and Politics (Amherst College Press, 2024). This book is the first comprehensive history of abortion pills in the United States, and Baker examines the actions of scientists, policy-makers, pharmaceutical companies, pro-abortion rights activists and anti-abortion forces as the abortion pill was developed in France in 1980, and subsequently brought to market in the United States. She carefully investigates the fight for FDA approval of the abortion pill, and reproductive rights advocates’ work to expand access. She pays particular attention to the critical period of 2020-2024 when in the midst of the COVID-19 pandemic telemedicine abortion became a possibility. Baker ends exploring attempts to restrict abortion pills and self-managed abortions in the wake of the Dobbs v. Jackson Women's Health Organization Supreme Court decision. In this thoroughly researched history, Baker draws on interviews with over 80 activists, abortion providers, researchers, and people who have used abortion pills to demonstrate the range of actors involved in efforts to expand access to abortion pills. In addition, she analyzes medical research, government records, legal cases, and the archives of several reproductive health organizations.Abortion Pills: US History and Politics is available open-access starting December 3, 2024. Click the following link to see a PDF of the bookCarrie N. Baker holds a B.A. in Philosophy from Yale University, a J.D. from Emory University School of Law, and an M.A. and Ph.D. from Emory’s Institute of Women’s, Gender, and Sexuality Studies. She is the Sylvia Dlugasch Bauman Chair of American Studies and Professor of the Study of Women, Gender and Sexuality Studies at Smith College where, as a legal and social movement scholar, she teaches courses on gender, law and public policy; feminist social movements; and feminist public writing. In addition to publishing peer-reviewed academic scholarship, Baker also serves as a regular writer and contributing editor for Ms. Magazine, has a monthly column in the Daily Hampshire Gazette, and hosts Feminist Futures, a radio program on WHMP 101.5 FM in Northampton, Massachusetts.Jessie Cohen holds a Ph.D. in History from Columbia University, and is an editor at the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The redistribution of political and economic rights is inherently unequal in autocratic societies. Autocrats routinely divide their populations into included and excluded groups, creating particularistic citizenship through granting some groups access to rights and redistribution while restricting or denying access to others. This book asks: why would a government with powerful tools of exclusion expand access to socioeconomic citizenship rights? And when autocratic systems expand redistribution, whom do they choose to include?In Manipulating Authoritarian Citizenship: Security, Development, and Local Membership in China (Stanford UP, 2024), Samantha A. Vortherms examines the crucial case of China—where internal citizenship regimes control who can and cannot become a local citizen through the household registration system (hukou)—and uncovers how autocrats use such institutions to create particularistic membership in citizenship. Vortherms shows how local governments explicitly manipulate local citizenship membership not only to ensure political security and stability, but also, crucially, to advance economic development. Vortherms demonstrates how autocrats use differentiated citizenship to control degrees of access to rights and thus fulfill the authoritarian bargain and balance security and economic incentives. This book expands our understanding of individual-state relations in both autocratic contexts and across a variety of regime types.Samantha Vortherms is an assistant professor at University of California, Irvine's Department of Political Science. She is a faculty affiliate at UCI’s Long U.S.-China Institute; its Philosophy, Political Science, and Economics program; and is a Non-resident Scholar at UC San Diego’s 21st Century China Center. The primary focus of her research is on how processes of economic development affect institutional change and the relationship between the individual and the state. Her research has been published in journals such as The China Quarterly, World Development, Review of International Political Economy, Business and Politics, and Urban Studies. She received her Ph.D. in Political Science from the University of Wisconsin–Madison, her M.A. in International Relations at the University of Chicago, her A.M. in Public Policy from University of Chicago's Harris School of Public Policy, and her B.A. from the University of Richmond.Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China’s Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master’s of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy.Lorentzen’s other NBN interviews relating to China’s economy and social control include Seeking Truth and Hiding Facts, on governance and quantification, Outsourcing Repression, on the use of nonstate actors for coercion, How China Escaped Shock Therapy, on China’s marketization procession, Invisible China, on the urban-rural divide, and Welfare for Autocrats, on the strategic targeting of poverty assistance. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

California has more unrecognized Native tribes than any other state - what led to this strange state of affairs, and what does this mean in practice? In Unrecognized in California: Federal Acknowledgment and the San Luis Rey Band of Mission Indians (U Washington Press, 2024), San Diego State associate professor Olivia Chilcote answers these questions through the history and experience of her own tribe. Despite the inherent tribal sovereignty of the San Luis Rey Band, and indeed, of all Native tribes and nations, the long and difficult past of colonialism in California - from the Spanish, to the Mexican, to the American empires - has provided an array of obstacles to the acquisition of land and tribal recognition for the San Luis Rey Band and others. This unrecognized status has kept them from accessing several programs and protections, including NAGPRA. Yet, despite these headwinds, the San Luis Rey Band and other unrecognized California tribes nonetheless practice sovereignty in other ways, and in doing so continue to fight toward future recognition. In this very personal history, Chilcote explains how the government-to-government relationship between the United States and tribal nations creates both challenges and opportunities for Native people in the twenty first century. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Scientists Dan Mallinson and Lee Hannah, both experts on state-level politics and the policy making process, have a new book that focuses on the state-level process of legalization of medical cannabis across the United States. Green Rush: The Rise of Medical Marijuana in the United States (NYU Press, 2024) is a book that needed to be written, since it is an important exploration not only of the continuing policy conflicts and tensions around marijuana in the United States, but it specifically focuses on how states have taken up this issue and what they each did in moving towards medical marijuana’s accessibility. The marijuana question in in the United States remains a fascinating federalism dynamic, with national laws in conflict with state laws, and state laws operating in different ways, around both medical marijuana and legalized recreational use of cannabis.Mallinson and Hannah provide the reader with an excellent overview of policymaking designs and theories since their analysis takes up so many different dimensions of the policy process in the United States. They then move into the history behind the criminalization of marijuana, and the way in which this policy has clearly racialized roots. Green Rush highlights the ways that some of the shifts and changes in state policies started to make their way through different states, via action by state legislatures and or through state-wide referenda. With particular attention to a number of states, like California, Pennsylvania, Ohio, and West Virginia, Mallinson and Hannah chart the ways that different states have gone about legalizing the medical use of marijuana, which has also been part of the pathway for other states to move towards decriminalization and legalization of adult use recreational marijuana.Green Rush is an accessible policy analysis and provides important insight into the path that medical marijuana took as it became legal in one state after another. Green Rush: The Rise of Medical Marijuana in the United States charts the policy changes themselves, but also pays attention to changing public opinion around cannabis and shifts in the war on drugs as well.(I found this book so useful that I have adopted it to use in my Public Policy class.)Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kitty Calavita, Chancellor’s Professor Emerita of Criminology, Law and Society at the University of California, Irvine, discuss the historical context and implications of Operation Wetback, a 1954 U.S. mass deportation of Mexican immigrants, and its relevance to President-elect Donald Trump's proposed mass deportation plans. Calavita explains that Operation Wetback aimed to address the economic utility of undocumented workers and political backlash against them, particularly during a recession and Cold War rhetoric. She highlights the logistical challenges of such operations, including the integration of immigrants into various industries and the legal protections against random stops. Calavita suggests that while high-profile roundups may occur, a massive deportation campaign is unlikely due to economic and logistical obstacles. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anticolonial movements of the twentieth century generated audacious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task. In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge UP, 2024) traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions – parliament, judiciary, rights, property – were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a critical account of the making of the postcolonial constitutional order, it offers keys to understanding the present crisis of that order, including and especially in India.Sandipto Dasgupta is Assistant Professor of Politics at The New School for Social Research. For the 2024-25 academic year, he will be a member of the Institute for Advanced Study at Princeton University. His research is in the history of modern political and social thought, especially the political theory of empire, decolonization, and postcolonial presents. Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On July 22, 1847, a group of about forty refugees entered the Salt Lake Valley. Among them were three enslaved men, two of whom shared the religion, Mormonism, that had caused them to flee. The valley was also home to members of the Ute tribe, who would sometimes barter captive women and children to Spanish colonizers. Thus, the question of whether the Latter-day Saints would accept or reject slavery in their new Zion confronted them on the day they first arrived. Five years later, after Utah had become an American territory, its legislature was prodded to take up the question then roiling the nation: would they be slave or free?George D. Watt, the official reporter for the 1852 legislative session, reported debates and speeches in Pitman shorthand. They remained in their original format, virtually untouched, for more than one hundred and fifty years, until LaJean Purcell Carruth transcribed them. In this eye-opening volume This Abominable Slavery: Race, Religion, and the Battle over Human Bondage in Antebellum Utah (Oxford University Press, 2024), Carruth, Dr. Christopher Rich, and Dr. W. Paul Reeve draw extensively on these new sources to chronicle the session, during which the legislature passed two important statutes: one that legally transformed African American slaves into "servants" but did not pass the condition of servitude on to their children and another that authorized twenty-year indentures for enslaved Native Americans.This Abominable Slavery places these debates within the context of the nation's growing sectional divide and contextualizes the meaning of these laws in the lives of Black enslaved people and Native American indentured servants. In doing so, it sheds new light on race, religion, slavery, and unfree labor in the antebellum period.This interview was conducted by Dr. Miranda Melcher whose new book focuses 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