New Books in Law

On September 23, 1970, a group of antiwar activists staged a robbery at a bank in Massachusetts, during which a police officer was killed. While the three men who participated in the robbery were soon apprehended, two women escaped and became fugitives on the FBI's Ten Most Wanted list, eventually landing in a lesbian collective in Lexington, Kentucky, during the summer of 1974. In pursuit, the FBI launched a massive dragnet. Five lesbian women and one gay man ended up in jail for refusing to cooperate with federal officials, whom they saw as invading their lives and community. Dubbed the Lexington Six, the group's resistance attracted national attention, inspiring a nationwide movement in other minority communities. Like the iconic Stonewall demonstrations, this gripping story of spirited defiance has special resonance in today's America.Drawing on transcripts of the judicial hearings, contemporaneous newspaper accounts, hundreds of pages of FBI files released to the author under the Freedom of Information Act, and interviews with many of the participants, Josephine Donovan reconstructs this fascinating, untold story. The Lexington Six: Lesbian and Gay Resistance in 1970s America (University of Massachusetts Press, 2020) is a vital addition to LGBTQ, feminist, and radical American history.Josephine Donovan is professor emerita of English at the University of Maine, Orono.John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford University Law School and senior fellow at the Hoover Institution, has written an examination of the power that the president has in the U.S. constitutional system. The President Who Would Not Be King: Executive Power under the Constitution (Princeton UP, 2020) presents a unique analysis of the powers that were allocated to the executive in Article II of the Constitution, as well as an exploration of the origin of many of the executive powers that are outlined in the Constitution but allocated to other branches of government within the new constitutional system. Thus, while McConnell’s focus is on the executive in the American constitutional system, the framing of this focus is in delineating the prerogative powers that Blackstone had noted belong to the monarch or the individual head of state, but that the Founders in 1787 split up. The argument in the book also clarifies the structure of Article II, explaining in important detail the sections of Article II and how they are connected to each other. McConnell’s deep dive into the discussions not only in Philadelphia in 1787, but also in the state ratifying conventions and among the different founders provide the historical context for the explicit and implied powers distributed throughout the Constitution. McConnell’s historical analysis pays particular attention to the committees that were established during the Constitutional Convention, like the Committee on Detail, that had to flesh out how the powers that were being invested in the document would manifest in operation. Thus, The President Who Would Not Be King is an historical examination of the competing ideas that were part of the conversation that ultimately became the U.S. Constitution. But McConnell does not stop at the founding period. He provides much more contemporary examples and case studies of some of the tensions around these prerogative powers that were not all given to the president in Article II. This takes up Justice Robert Jackson’s important decision in Youngstown Sheet and Tube v. Sawyer in terms of how that decision shaped expectations around executive use of power and authority, and has also positioned those expectations within, intentionally or not, our highly partisan political environment. McConnell’s work provides a path to understanding constitutional meaning from before the constitution itself was written, which is distinct from constitutional theories like originalism. The President Who Would Not Be King also wrestles with the Founders’ ideas around the complexity of separation of powers, given the executive powers that Congress holds and can use, as well as the executive powers vested in the presidency.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

From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System (New Press, 2019) is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. **Special announcement for teachers: Usual Cruelty is available free of charge for your students and for each student assigned a complimentary copy of Usual Cruelty will be circulated in prisons. Learn more https://thenewpress.com/books/...Lee M. Pierce (she/they) is an Assistant Professor at SUNY Geneseo specializing in rhetoric, race, and U.S. political culture. They also host the Media & Communications and Language channels for New Books Network and their own podcast titled RhetoricLee Speaking. 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 talking with Becca Andrews, a journalist at Mother Jones, where she writes about reproductive rights and gender. The story we discuss is “When Choice is 221 Miles Away: The Nightmare of Getting an Abortion in the South” and its follow up.Becca’s debut work of nonfiction, No Choice, based on her Mother Jones cover story about the past, present, and future of Roe v. Wade, will be published by in 2022.Andrews is a graduate of UC Berkeley’s School of Journalism and wrote for newspapers in her home state of Tennessee.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

This collection of narrative essays by sex workers presents a crystal-clear rejoinder: there's never been a better time to fight for justice. Responding to the resurgence of the #MeToo movement in 2017, sex workers from across the industry--hookers and prostitutes, strippers and dancers, porn stars, cam models, Dommes and subs alike--complicate narratives of sexual harassment and violence, and expand conversations often limited to normative workplaces.Writing across topics such as homelessness, motherhood, and toxic masculinity, We Too: Essays on Sex Work and Survival (Feminist Press, 2021) gives voice to the fight for agency and accountability across sex industries. With contributions by leading voices in the movement such as Melissa Gira Grant, Ceyenne Doroshow, Audacia Ray, femi babylon, April Flores, and Yin Q, this anthology explores sex work as work, and sex workers as laboring subjects in need of respect--not rescue.A portion of this book's net proceeds will be donated to SWOP Behind Bars (SBB).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

In Campus Carry: Confronting a Loaded Issue in Higher Education (Harvard Education Press, 2020), editors Patricia Somers and Matt Valentine lead an examination of the unintended consequences of campus gun policy and showcase voices from the college community who are grappling with the questions, issues, and consequences that have emerged at their respective institutions. While making the case that campus carry legislation is harmful, the book gathers some of the very best thinking around enacting such policies and offers valuable recommendations for mitigating its effects and preserving university values.The implementation of campus carry is complex and has provoked many questions: How does concealed carry on campus affect the free expression of ideas in the classroom or the safety of faculty holding unpopular or even controversial views? Should students who misplace or leave their weapons unattended be disciplined? How are communities of color impacted by campus carry? Along with the book's contributors, Somers and Valentine provide higher education leaders, administrators, and faculty with a valuable resource that will guide them toward considerations that might otherwise be overlooked, help them avoid pitfalls that have been encountered elsewhere, and protect institutional priorities.The book features reflection pieces from students, alumni, and faculty to illustrate the complexity and controversy of the campus carry policy. Given that the legal possession of guns in the classroom is now a reality for American educators and students in much of the country, Campus Carry concludes with a passionate call for more university-based original research on gun violence.Pat Somers is an Associate Professor in the Program of Higher Education Leadership in the Educational Leadership and Policy Department at the University of Texas at Austin. Matt Valentine teaches writing at the University of Texas at Austin, where he is a fellow of the Trice Professorship in the Plan II Honors Program.   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

Victoria Canning and Steve Tombs' book From Social Harm to Zemiology: A Critical Introduction (Routledge, 2021) outlines key developments in understanding social harm by setting out its historical foundations and the discussions which have proliferated since. It examines various attempts to conceptualise social harm and highlights key sites of contestation in its relationship to criminology to argue that these act as the basis for an activist zemiology, one directed towards social change for social justice. The past two decades have seen a proliferation of debate related to social harm in and around criminology. From climate catastrophe and a focus on environmental harms, unprecedented deaths generating focus on border harms and the coronavirus pandemic revealing the horror of mass and arguably avoidable deaths across the globe, critical studies in social harm appear ever more pressing.Drawing on a range of international case studies of cultural, emotional, physical and economic harms, From Social Harm to Zemiology locates the study of social harm in an accessible fashion. In doing so it sets out how a zemiological lens can moves us beyond many of the problematic legacies of criminology. This book rejects criminologies which have disproportionately served to regulate intersectional groups, and which have arguably inflicted as much or more harm by bolstering the very ideologies of control in offering minor reforms that inadvertently expand and strengthen states and corporations. It does this by sketching out the contours, objects, methods and ontologies of a disciplinary framework which rejects commonplace assumptions of 'value freedom'. From Social Harm to Zemiology advocates social change in accordance with groups who are most disenfranchised, and thus often most socially harmed.An accessible and compelling read, this book is essential reading for all zemiologists, critical criminologists, and those engaged with criminological and social theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Since the mid-nineteenth century, Americans have known the Adirondack Mountains of upstate New York as a site of industrial production, a place to heal from disease, and a sprawling outdoor playground that must be preserved in its wild state. Less well known, however, has been the area's role in hosting a network of state and federal prisons. A Prison in the Woods traces the planning, construction, and operation of penitentiaries in five Adirondack Park communities from the 1840s through the early 2000s to demonstrate that the histories of mass incarceration and environmental consciousness are interconnected. In A Prison in the Woods: Environment and Incarceration in New York’s North Country (U Massachusetts Press, 2020), Clarence Jefferson Hall Jr. reveals that the introduction of correctional facilities—especially in the last three decades of the twentieth century—unearthed long-standing conflicts over the proper uses of Adirondack nature, particularly since these sites have contributed to deforestation, pollution, and habitat decline, even as they've provided jobs and spurred economic growth. Additionally, prison plans have challenged individuals' commitment to environmental protection, tested the strength of environmental regulations, endangered environmental and public health, and exposed tensions around race, class, place, and belonging in the isolated prison towns of America's largest state park.Clarence Jefferson Hall, Jr. is an assistant professor of history at Queensborough Community College.Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy and a Ph.D. candidate at the University of Wisconsin–Madison. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How does the record industry work? In Getting Signed: Record Contracts, Musicians, and Power in Society (Palgrave Macmillan, 2020), David Arditi, Associate Professor in Sociology and Anthropology at University of Texas at Arlington, analyses the ideology of getting signed and getting a record contract to show the alienating and exploitative effects of the record industry on musicians and the making of music. The book blends ethnographic fieldwork with critical theoretical analysis, looking at a range of issues in music, from the ‘strained solidarity’ of being in a band, the negative impact of competition and competitiveness in the music industry and in society, to longstanding issues about copyright. The book is essential reading across arts, humanities and the social sciences, as well as for anyone interested in music today. Dave O'Brien is Chancellor's Fellow, Cultural and Creative Industries, at the University of Edinburgh's College of Art. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Between the decriminalization of contraception in 1969 and the introduction of the Charter of Rights and Freedoms in 1982, a landmark decade in the struggle for women's rights, public discourse about birth control and family planning was transformed. At the same time, a transnational conversation about the "population bomb" that threatened global famine caused by overpopulation embraced birth control technologies for a different set of reasons, revisiting controversial ideas about eugenics, heredity, and degeneration. In Challenging Choices: Canada's Population Control in the 1970s (McGill-Queen's University Press, 2020), Erika Dyck and Maureen Lux argue that reproductive politics in 1970s Canada were shaped by competing ideologies on global population control, poverty, personal autonomy, race, and gender. For some Canadians the 1970s did not bring about an era of reproductive liberty but instead reinforced traditional power dynamics and paternalistic structures of authority. Dyck and Lux present case studies of four groups of Canadians who were routinely excluded from progressive, reformist discourse: Indigenous women and their communities, those with intellectual and physical disabilities, teenage girls, and men. In different ways, each faced new levels of government regulation, scrutiny, or state intervention as they negotiated their reproductive health, rights, and responsibilities in the so-called era of sexual liberation. While acknowledging the reproductive rights gains that were made in the 1970s, the authors argue that the legal changes affected Canadians differently depending on age, social position, gender, health status, and cultural background. Illustrating the many ways to plan a modern family, these case studies reveal how the relative merits of life and choice were pitted against each other to create a new moral landscape for evaluating classic questions about population control.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