New Books in Law

For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population.Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regulated way for the country’s relatively small population of heroin addicts. Yet these efforts often foundered on the economic factors involved, with many government officials protecting the trade either for personal profit or for the financial benefits the trade provided to their states. This trade only grew in the postwar era, as the explosion of drug use in the 1960s and the crackdown on the European heroin trade made Mexico an increasingly important supplier of narcotics to the United States. The vast profits to be made from this changed the nature of the trade from small-scale family-managed operations to much more complex organizations that increasingly employed violence to ensure their share of it. As Smith details, the consequences of this have proven enormously detrimental both to the Mexican state and to the Mexican people. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Worlding Postcolonial Sexualities: Publics, Counterpublics, Human Rights (Routledge, 2021) demonstrates how late twentieth century postcolonial print cultures initiated a public discourse on sexual activism and contends that postcolonial feminist and queer archives offer alternative histories of sexual precarity, vulnerability, and resistance.The book's comparative focus on India, Jamaica, and South Africa extends the valences of postcolonial feminist and queer studies towards a historical examination of South-South interactions in the theory and praxis of sexual rights. Analyzing the circumstances of production and the contents of English-language and intermittently bilingual magazines and newsletters published between the late 1970s and the late 1990s, these sources offer a way to examine the convergences and divergences between postcolonial feminist, gay, and lesbian activism. It charts a set of concerns common to feminist, gay, and lesbian activist literature: retrogressive colonial-era legislation impacting the status of women and sexual minorities; a marked increase in sexual violence; piecemeal reproductive freedoms and sexual choice under neoliberalism; the emergence and management of the HIV/AIDS crisis; precariousness of lesbian and transgender concerns within feminist and LGBTQ+ movements; and Non-Governmental Organizations as major actors articulating sexual rights as human rights. This methodologically innovative work is based on archival historical research, analyses of national and international policy documents, close readings of activist publications, and conversations with activists and founding editors.This is an important intervention in the field of gender and sexuality studies and is the winner of the 2020 Feminist Futures, Subversive Histories prize in partnership with the NWSA. The book is key reading for scholars and students in gender, sexuality, comparative literature, and postcolonial studies.Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did states come to monopolize control over migration? What do the processes that produced this monopoly tell us about the modern state? In Indian Migration and Empire: A Colonial Genealogy of the Modern State (Duke UP, 2018), Radhika Mongia provocatively argues that the formation of colonial migration regulations was dependent upon, accompanied by, and generative of profound changes in normative conceptions of the modern state. Focused on state regulation of colonial Indian migration between 1834 and 1917, Mongia illuminates the genesis of central techniques of migration control. She shows how important elements of current migration regimes, including the notion of state sovereignty as embodying the authority to control migration, the distinction between free and forced migration, the emergence of passports, the formation of migration bureaucracies, and the incorporation of kinship relations into migration logics, are the product of complex debates that attended colonial migrations. By charting how state control of migration was critical to the transformation of a world dominated by empire-states into a world dominated by nation-states, Mongia challenges positions that posit a stark distinction between the colonial state and the modern state to trace aspects of their entanglements.Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Property rights are important for economic exchange, but many governments don't protect them. Private market organizations can fill this gap by providing an institutional structure to enforce agreements, but with this power comes the ability to extort group members. Under what circumstances, then, will private organizations provide a stable environment for economic activity? Based on market case studies and a representative survey of traders in Lagos, Nigeria, this book argues that threats from the government can force an association to behave in ways that promote trade. The findings challenge the conventional wisdom that private good governance in developing countries thrives when the government keeps its hands off private group affairs. Instead, the author argues, leaders among traders behave in ways that promote trade primarily because of the threat of government intrusion.Shelby Grossman is a research scholar at the Stanford Internet Observatory. Dr. Grossman's primary research interests are in comparative politics and sub-Saharan Africa. She was previously an assistant professor of political science at the University of Memphis and a Postdoctoral Fellow at Stanford University’s Center on Democracy, Development, and the Rule of Law. Dr. Grossman earned her PhD in Government from Harvard University in 2016.Host Peter Lorentzen is an Associate Professor in the Department of Economics at the University of San Francisco, where he leads a new digital economy-focused Master's program in Applied Economics. His primary research interest is in the political economy of governance and development, particularly in China. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Democracy: Clarifying the Muddle is based on an in-depth filmed conversation between Howard Burton and renowned political theorist John Dunn, University of Cambridge. Through an engaging dialogue format, John Dunn candidly shares his deep insights on the historical development and current significance and future of democracy in different parts of the world and the relevance of political science departments in achieving democracy and other worthwhile goals.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

In The Teacher Insurgency: A Strategic and Organizing Perspective (Harvard Education Press, 2020), Leo Casey addresses how the unexpected wave of recent teacher strikes has had a dramatic impact on American public education, teacher unions, and the larger labor movement. Casey explains how this uprising was not only born out of opposition to government policies that underfunded public schools and deprofessionalized teaching, but was also rooted in deep-seated changes in the economic climate, social movements, and, most importantly, educational politics.With an eye to maintaining the momentum of the insurgency, the author examines four key strategic questions that have arisen from the strikes: the relationship of mobilization to organizing; the relationship between protests and direct action; the conditions under which teacher strikes are most likely to be successful; and the importance of "bargaining for the common good." More broadly, Casey examines how to organize teachers for collective action, focusing on four discourses of teaching: teaching as nurturance; as professionalism; as labor and craft; and as a vocation of democratic intellectual work.Leo Casey is the Executive Director of the Albert Shanker Institute, a strategic think tank affiliated with the American Federation of Teachers. He taught and worked in New York City public high schools for twenty-eight years. During this time, he was a union activist and leader, serving for six years as a Vice President of New York City's United Federation of Teachers. In that role, he led the union's organizing in charter schools. Casey has won a number of awards for his teaching and was named the 1992 Social Studies Teacher of the Year for the American Teacher Awards. For ten years, his students--all of color, and predominantly immigrants and girls--won city and state championships in the "We the People" civics competition, twice placing fourth in the nation. Casey has worked with teachers in Tanzania and Russia on the development of civics education, and with teachers in China on promoting critical pedagogical methods. He has written extensively on civics, education, unionism and politics, in both print and on-line publications. Casey holds a PhD in political science from the University of Toronto.Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Art as an Interface of Law and Justice: Affirmation, Disturbance, Disruption (Hart Publishing, 2021) looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. Such calls may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it.Frans-Willem Korsten speaks with Pierre d'Alancaisez about art that attempts to support - or disturb - law in pursuit of justice. He discusses Milo Rau's The Congo Tribunal, Valeria Luiselli's novel Lost Children Archive, the practice of Forensic Architecture, and Nicolas Winding Refn's film Only God Forgives. Through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light.Frans-Willem Korsten holds the chair in “Literature and Society” at the Erasmus School of Philosophy and works at the Leiden University Centre for the Arts in Society in the Netherlands.Pierre d’Alancaisez is a contemporary art curator, cultural strategist, researcher. Sometime scientist, financial services professional. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to Cover Story, a podcast by New Books Network devoted to long form journalism. Today, we are talking to Texas-based writer Sarah Hepola. Hepola is most known from her brave writing about drinking and the 2015 bestselling memoir Blackout: Remembering the Things I Drank to Forget.She's appeared on NPR’s Fresh Air and published in The New York Times, The Guardian, Bloomberg Businessweek, Salon and Texas Monthly, where she is a writer-at-large. Today we are talking about her recent story “In Mobile City Everybody Knows Your Name” from August 2021 Texas Monthly. A very fresh piece.Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We often talk as if individuals have entitlements to certain kinds of information: medical test results, political representatives’ voting records, crime statistics, and the like. We also talk as if these entitlements entail duties on the part of others to provide the relevant information. Moreover, we talk as if the individual’s entitlement to information also entails a range of protections against misinformation, deception, and the like.Despite the fact that these ideas are common, there is surprisingly little in the philosophical literature about the nature and contours of the relevant entitlements. In her new book, The Right to Know: Epistemic Rights and Why We Need Them (Routledge, 2021), Lani Watson seeks to remedy this. She develops a conception of epistemic rights – a distinct class entitlements which nonetheless fits neatly into the existing landscape of rights theory. 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

Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive (Oxford UP, 2021) helps us think about the complexity of the American political system that has grown up over the past 200 years, and how this system functions (or, at times, misfunctions) given the demands and pressures on the governmental system and the American constitutional framework. Stephen Skowronek, John Dearborn, and Desmond King focus on the concept of the deep state, a term that was frequently used during the Trump Administration, with different meanings to different audiences and citizens. The deep state has also been more clearly revealed, in certain regards, by presidential inclinations towards the unitary executive. The phantoms of the title refer to the shadows of both the deep state and the unitary executive as embedded in the original constitutional arrangement crafted in Philadelphia in 1787, through the vesting clause in Article II, Congress’s capacity to expand the republic and create more and diverse aspects of government, and the way in which congressional legislation establishes both legal regulations and norms with which the executive branch and the president are expected to cooperate. A key contention by the authors is that this uneasy tension has been in the shadows of our constitutional system since the beginning, but during other periods, elected officials finessed some of these difficulties through the presidential nominating/selection process, and with attention from the parties and the roles that the parties played in managing the system itself. With the evolution of the selection system, particularly with the shift to direct primaries and caucuses, and with parties now operating as extensions of the presidency and the president, the unitary executive has become more entrenched within the system. This beleaguered republic may be moving towards the form and function of a presidential democracy, often leaning into populism, and away from the contours and structure of the original republic.The unitary executive can operate more freely because of the system’s commitment to separation of powers, with all executive power in the hands of the president. Parallel to these developments has been the slow growth of the administrative state in the U.S., derogatorily referred to as “the deep state.” As discussed in Phantoms of a Beleaguered Republic, the state is deep in a number of directions. The reach of the national government works its way to individuals, localities, and states through a host of different means and paths. The administrative state also extends horizontally, across the dimensions of the national government itself, with layers of civil servants, policy experts, political appointees, administrative judges, staff, all doing the work they are entrusted with by elected officials and led by the president. Phantoms of a Beleaguered Republic dives into these dual dimensions of our political system—the potential for unified power in the president and presidency, and the substantive capacity of the administrative state— bringing forward the tensions between this strengthened Executive and the national state the president leads as head of the executive branch.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