New Books in Law

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Regina M. Paulose, "People’s Tribunals, Human Rights and the Law" (Routledge, 2020) Jun 26, 2020

Show notes

People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework.

Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework. People’s Tribunals can be part of broader social movements which attempt to bring reconciliation and some sought of healing for past atrocities.

The book will be of interest to anyone interested in human rights, international criminal law, environmental justice, transnational justice and international relations.

Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests.

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A. de la Fuente and A. J. Gross, "Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana" (Cambridge UP, 2020) Jun 24, 2020

Show notes

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.

Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey.

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Robert T. Chase, "We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America" (UNC Press, 2020) Jun 24, 2020

Show notes

In this episode, Siobhan talks with Robert T. Chase about his book, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America(UNC Press, 2020).

In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change.

Drawing from three decades of legal documents compiled by prisoners, Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as “slaves of the state” and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.

Chase is Associate Professor of History at Stony Brook University

This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.

Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University.

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Laura A. Dean, "Diffusing Human Trafficking Policy in Eurasia" (Policy Press, 2020) Jun 23, 2020

Show notes

Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia.

In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison.

We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists.

Dr. Dean also introduces the Human Trafficking Policy Index - her new, innovative tool for measuring the scope of human trafficking policy.

Diana Dukhanova is Visiting Assistant Professor of Russian at the College of the Holy Cross in Worcester, MA. Her work focuses on religion and sexuality in Russian cultural history, and she is currently working on a monograph about Russian religious philosopher Vasily Rozanov. Diana tweets about contemporary events in the Russian religious landscape at https://twitter.com/RussRLGNWatch.

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Gabriel Finder, "Justice behind the Iron Curtain: Nazis on Trial in Communist Poland" (U Toronto Press, 2018) Jun 22, 2020

Show notes

When Americans think about trials of Holocaust perpetrators, they generally think of the Nuremberg Trials or the trial of Adolf Eichmann or perhaps of the Frankfort trials of perpetrators from Auschwitz. If they think of Polish trials at all, they likely assume these were show trials driven by political goals rather than an interest in justice.

Gabriel Finder and Alexander Prusin's book Justice behind the Iron Curtain: Nazis on Trial in Communist Poland (University of Toronto Press, 2018) shows that the truth was considerably more nuanced. The book is a comprehensive account of the trials of Nazi perpetrators conducted in liberated and postwar Poland. But it’s more than that—it’s a reflection on how politics impact justice, on what trials can teach us about perpetrator behavior, and on the ways in which ordinary Poles responded to the Holocaust. Finder and Prusin show that the trials were shaped by their political context. But this context allowed and sometimes encouraged the participation of a variety of actors and for a careful and thorough examination of documentary evidence and the testimony of survivors. As a result, the trials were largely successful in achieving a kind of justice, as imperfect as that might be.

Prusin died shortly before the book was published. This interview is dedicated to his memory.

Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press.

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Ken O. Opalo, "Legislative Development in Africa: Politics and Postcolonial Legacies" (Cambridge UP, 2019) Jun 19, 2020

Show notes

Legislative Development in Africa: Politics and Postcolonial Legacies (Cambridge University Press, 2019) examines the development of African legislatures from their colonial origins through independence, autocracy and the transition to multi-party rule.

In it, Ken Ochieng’ Opalo seeks to explain the different trajectories that African legislatures have taken, why some have become stronger than others, and what are the conditions that allow for democratic institutions to emerge from an autocratic system.

The book combines a broad historical analysis of legislatures throughout Africa with the comparative case studies of Kenya and Zambia. It employs both quantitative and qualitative data to support the argument that despite the limitations imposed by autocratic rulers, the seeds for the development of strong legislatures can be planted during periods of non-democratic rule.

The author presents a dynamic and well-argued model for the study of legislatures in post-colonial states, and argues for a more nuanced and historically-grounded analysis of institutional development in Africa and beyond.

Esperanza Brizuela-Garcia is Associate Professor of History at Montclair State University. She specializes in modern intellectual history of Africa, historiography, World history and Philosophy of History. She is the co-author of African Histories: New Sources and New Techniques for Studying African Pasts (Pearson, 2011).

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Minou Arjomand, "Staged: Show Trials, Political Theater, and the Aesthetics of Judgment" (Columbia UP, 2020) Jun 18, 2020

Show notes

In Staged: Show Trials, Political Theater, and the Aesthetics of Judgment (Columbia University Press, 2020), Minou Arjomand provides a startling account of the many intersections between theatre and trials in Germany and the United States from the 1930s to the 1960s.

Through case studies of Hannah Arendt, Bertolt Brecht, and Edwin Piscator, Arjomand explores the use of trials as a theatrical form, as well as what theatre theory might tell us about political justice.

In doing so, Arjomand demonstrates that calling a trail theatrical is not a criticism but merely a starting point. In considering what type of justice is possible in a trial, we must ask what theatrical conventions are being used, and to what ends. Arjomand’s book both allows us to see pivotal theatrical artists in a new light and poses profound questions about the nature of theatre itself.

Andy Boyd  is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at andyjamesboyd@gmail.com.

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Micol Seigel, "Violence Work: State Violence and the Limits of Police" (Duke UP, 2018) Jun 17, 2020

Show notes

Recent calls for the defunding or abolition of police raise important questions about the legitimacy of state violence and the functions that police are supposed to serve. Criticism of the militarization of police, concerns about the rise of the private security industry, and the long-standing belief that policing should be controlled by municipal governments suggest that police should be civilians who defend the public interest, and that they should be accountable to the communities that they serve.

In Violence Work: State Violence and the Limits of Police(Duke University Press, 2018), Micol Seigel exposes the mythical nature of the civilian/military, public/private, and local/national/international boundaries that supposedly delimit the legitimate sphere of policing in a liberal democratic society. Focusing on the employees of the Office of Public Safety, a branch of the State Department that provided technical assistance to police forces in developing countries from 1962 until it was closed amid controversy over its role in aiding despotic governments in 1974, Seigel follows their careers as these violence workers put their knowledge of counter-insurgency to use in US police forces, pursued opportunities working for private security firms protecting the oil industry in places like Alaska and Saudi Arabia, and worked alongside military officers in aid missions to Cold War hotspots in the Global South. As she follows the careers of the policemen, she demonstrates that civilian policing has been militarized from the beginning, that capitalist production relies on state violence to discipline workers and dispossess groups who stand in the way of resource extraction, and that violence workers are rarely accountable to the people they supposedly serve.

Violence Work is critical reading for anyone who is interested in rethinking the functions that police should perform in a democratic society. It also weakens the legitimacy of state-sanctioned violence by calling commonly-held ideological distinctions into question.

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Robert C. McGreevey, "Borderline Citizens: The United States, Puerto Rico, and the Politics of Colonial Migration" (Cornell UP, 2018) Jun 15, 2020

Show notes

In Borderline Citizens: The United States, Puerto Rico, and the Politics of Colonial Migration (Cornell University Press 2018), Robert C. McGreevey explores the contested meaning and limits of citizenship for Puerto Ricans from the late nineteenth century to the late 1930s. This timely monograph brings together legal, cultural, and labour history to understand the complicated ways that Puerto Ricans on the island and on the US mainland challenged racialized notions of fitness for citizenship. The narrative that results from such an approach presents US power as a dynamic, contested, and transnational. This monograph suggests the deep historical resonances between the early history of US formal control of the island and the contemporary second-class status of Puerto Rico in the aftermath of Hurricane Maria. McGreevey’s monograph will interest scholars of the United States in the world, legal historians, historians of Latin America, and historians of migration.

Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod.

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Paige Glotzer, "How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960" (Columbia UP, 2020) Jun 15, 2020

Show notes

Paige Glotzer is the author of How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960, published by Columbia University Press in 2020. How the Suburbs Were Segregated examines the history surrounding how modern housing segregation was purposefully planned out beginning at the turn of the 20th Century. Looking at the intersection of transnational finance, suburban developers, and local, regional, and federal policymaking, Glotzer illustrates the myriad of people and institutions involved in simultaneously creating the idea of the modern suburb and racializing housing.

Paige Glotzer is an Assistant Professor of history and John W. and Jeanne M. Rowe Chair in the History of American Politics, Institutions, and Political Economy at the University of Wisconsin-Madison.

Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.

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