New Books in Law

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Sarah Burns, "The Politics of War Powers: The Theory and History of Presidential Unilateralism" (UP of Kansas, 2020) Mar 09, 2020

Show notes

Sarah Burns’ new book The Politics of War Powers: The Theory and History of Presidential Unilateralism(University Press of Kansas, 2020) pulls together distinct threads in analyzing the theoretical framing of presidential power in the American constitutional system and then tracing that power through forty-five presidents. Burns begins by assessing Locke’s impact on the constitutional design of the presidency and then turning her attention to the more substantial contributions made by Montesquieu, since Montesquieu had an equally sizeable impact on the Founders and their thinking about this office. There were great tensions at the time of the Founding about the powers that the president has in pursuing war and military engagements. The Politics of War Powers pays close attention to the distinctions made in the Constitution between the role of the legislature in declaring war, and the role of the president in prosecuting war. This is the foundation for Burns’ analysis of presidential implementation of these powers over the course of more than 200 years, and she carefully examines these theoretical foundations, devoting the first third of The Politics of War Powers to unpacking and discussing the competing views of this important and, at times, suspect, power.

Following from this theoretical basis, The Politics of War Powers dives into deeply researched explorations of not only the presidents themselves and how they thought about and used their war powers, but also how and where Congress acted and responded. This dimension of the analysis is particularly important to consider, and Burns sketches the ways in which the early Congress exerted its authority and constitutional role in regard to war and the war powers embedded in the Constitution. She then goes on to explore the tension between the executive and the legislature over the course of a number of military engagements that pressed on these competing capacities. The final section of the book outlines the ways in which presidential war powers have grown substantially and the legal reasoning that has grown up around these powers as Congress has stepped back from its own role in regard to war powers. In many ways, The Politics of War Powers is as much about congressional engagement or abdication in its constitutional role as it is about the expansion of presidential power. The delicate balance between the branches has shifted rather substantially, according to Burns’ analysis, and The Politics of War Powers draws out the ways in which this balance has shifted over the course of American history and political development.

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).

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Rebecca E. Zietlow, "The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction" (Cambridge UP, 2018) Mar 05, 2020

Show notes

Though the story of emancipation is well known in American history, the roles of many of the key figures involved in it are often overlooked. Among them is James Mitchell Ashley, the Ohio congressman who shepherded the Thirteenth Amendment through the House of Representatives. In The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction (Cambridge University Press, 2018), Rebecca E. Zietlow recounts the intellectual development of Ashley as an abolitionist and how he sought to turn freedom into a reality for millions of African Americans. As Zietlow explains, an important strain in Ashley’s thinking was his commitment to the free labor ideas prominent in the Democratic Party in the antebellum era. As a committed abolitionist, he played a prominent role in the emergence of the Republican Party in Ohio in the 1850s culminating in his election to Congress in 1858. As a representative during one of the critical period in the nation’s history, Ashley was at the forefront of Congress’ response to the issue of slavery during the Civil War, working not just to pass the amendment that ended the “peculiar institution” but to craft legislation designed to ensure that the freedom won by African Americans was real and not undermined by the unreconstructed Southern governments in power in the immediate aftermath of the Civil War.

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Steven D. Smith, "Pagans and Christians in the City: Culture Wars from the Tiber to the Potomac" (Eerdmans, 2018) Mar 05, 2020

Show notes

What does an American political progressive in the 21st Century have in common with a pagan of ancient Rome? More than you may think, according to law professor, Steven D. Smith.

In his important, provocative new book, Pagans and Christians in the City Culture Wars from the Tiber to the Potomac (Eerdmans, 2018), Smith shows that traditionalist Christians who oppose same-sex marriage and similar cultural developments feel themselves besieged by a triumphalist progressivism that increasingly is adopting a “we won, they lost” view of where society and public opinion now stand on issues such as abortion and euthanasia and that has little use for what it regards as passé notions about religious liberty.

Where do we stand when it comes to working out some kind of sociocultural modus vivendi between the diametrically opposed camps of modern paganism and Christianity (and not even, in many cases, the traditionalist version)? Smith provides us with the historical background we need to understand where everyone involved is, so to speak, coming from. Give a listen.

Hope J. Leman is a grants researcher.

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Darryl Li, "The Universal Enemy: Jihad, Empire, and the Challenge of Solidarity" (Stanford UP, 2020) Mar 04, 2020

Show notes

No contemporary figure is more demonized than the Islamist foreign fighter who wages jihad around the world. Spreading violence, disregarding national borders, and rejecting secular norms, so-called jihadists seem opposed to universalism itself. But in a radical departure from conventional efforts to explain and solve the “problem” of jihad, The Universal Enemy: Jihad, Empire, and the Challenge of Solidarity (Stanford University Press, 2020) begins with the assertion that transnational jihadists are in fact engaged in their own form of universalism: armed transnational solidarity under conditions of American empire.

Drawing on 15 years of interviews and research conducted in Arabic, Bosnian/ Serbian/ Croatian, Urdu, French, and Italian, and following the stories of former fighters across the Middle East, the Balkans, the United States, and Europe, anthropologist and attorney Darryl Li uses the lens of universalism to revisit the pivotal post-Cold War moment when ethnic cleansing in the Balkans dominated global headlines. Highlighting Bosnia-Herzegovina as a battleground of multiple universalisms—socialist Non-Alignment, United Nations peacekeeping, humanitarian intervention, the War On Terror, and the transnational jihads that posed an alternative to American governance—Li urges us to consider what grants claims to universalism their authority and allure.

A historical ethnography from below whose protagonists move between and beneath governments, The Universal Enemy explores the relationship between jihad and American empire, thereby shedding critical light on both.

Darryl Li, Assistant Professor of Anthropology and Social Sciences and Lecturer in Law at the University of Chicago, is an anthropologist and attorney working at the intersection of war, law, migration, empire, and race with a focus on transregional linkages between the Middle East, South Asia, and the Balkans. Li has participated in litigation arising from the "War on Terror" as party counsel, amicus, or expert witness, including in Guantánamo habeas, Alien Tort, material support, denaturalization, immigration detention, and asylum proceedings. He is a member of the New York and Illinois bars.

Bhoomika Joshi is a doctoral candidate in the department of Anthropology at Yale University.

Nancy Ko is a doctoral student in History at Columbia University, where she examines Jewish philanthropy and racialization in the late- and post-Ottoman Middle East from a global and comparative perspective. She can be reached at nancy.ko@columbia.edu.

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David J. Gunkel, "Robot Rights" (MIT Press, 2018) Feb 27, 2020

Show notes

We are in the midst of a robot invasion, as devices of different configurations and capabilities slowly but surely come to take up increasingly important positions in everyday social reality―self-driving vehicles, recommendation algorithms, machine learning decision making systems, and social robots of various forms and functions. Although considerable attention has already been devoted to the subject of robots and responsibility, the question concerning the social status of these artifacts has been largely overlooked. In Robot Rights (MIT Press, 2018), David Gunkel offers a provocative attempt to think about what has been previously regarded as unthinkable: whether and to what extent robots and other technological artifacts of our own making can and should have any claim to moral and legal standing.

In his analysis, Gunkel invokes the philosophical distinction (developed by David Hume) between “is” and “ought” in order to evaluate and analyze the different arguments regarding the question of robot rights. In the course of his examination, Gunkel finds that none of the existing positions or proposals hold up under scrutiny. In response to this, he then offers an innovative alternative proposal that effectively flips the script on the is/ought problem by introducing another, altogether different way to conceptualize the social situation of robots and the opportunities and challenges they present to existing moral and legal systems.

John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts.

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Eva van Roekel, "Phenomenal Justice: Violence and Morality in Argentina" (Rutgers UP, 2020) Feb 26, 2020

Show notes

In Phenomenal Justice: Violence and Morality in Argentina(Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its aftermath.

Jeff Bachman is a Lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of The United States and Genocide: (Re)Defining the Relationship and editor of the volume Cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series.

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Phillipa Chong, “Inside the Critics’ Circle: Book Reviewing in Uncertain Times” (Princeton UP, 2020) Feb 25, 2020

Show notes

How does the world of book reviews work? In Inside the Critics’ Circle: Book Reviewing in Uncertain Times (Princeton University Press, 2020), Phillipa Chong, assistant professor in sociology at McMaster University, provides a unique sociological analysis of how critics confront the different types of uncertainty associated with their practice. The book explores how reviewers get matched to books, the ethics and etiquette of negative reviews and ‘punching up’, along with professional identities and the future of criticism. The book is packed with interview material, coupled with accessible and easy to follow theoretical interventions, creating a text that will be of interest to social sciences, humanities, and general readers alike.

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Erika Denise Edwards, "Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic" (U Alabama Press, 2020) Feb 21, 2020

Show notes

Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic (University of Alabama Press, 2020) traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children.

Erika Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies.

This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina.

Adam McNeil is a 2nd-year Ph.D. Student in History at Rutgers University-New Brunswick.

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Steve Suitts, "Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement" (NewSouth Books, 2020) Feb 21, 2020

Show notes

School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court’s Brown v. Board of Education decision.

In Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement (NewSouth Books, 2020), Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and poverty today. Suitts deftly reveals the risk that America and its underprivileged youth face as school voucher programs funnel public funds into predominantly white and often wealthy private schools and charter schools

Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017).

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Sohaira Siddiqui, "Law and Politics Under the Abbasids: An Intellectual Portrait of al-Juwayni" (Cambridge UP, 2019) Feb 21, 2020

Show notes

In her intimidatingly brilliant new book Law and Politics Under the Abbasids: An Intellectual Portrait of al-Juwayni (Cambridge University Press, 2019), Sohaira Siddiqui conducts a masterful analysis of how conditions of political change and fragmentation generate intellectual debates and fermentation on the often-conflictual interaction of certainty, continuity, and community in Muslim thought and practice. Focused on the thought and career of the prominent 11th-century Muslim scholar al-Juwayni (d. 1085), Siddiqui examines the hermeneutical choices, operations, and conundrums that go into the negotiation of epistemic certainty in the realms of law and theology with the imperative of historical change and dynamism. The distinguishing hallmark of this book is the way it conducts a thoroughly interdisciplinary examination of early Muslim intellectual thought by putting Islamic law, theology, and politics into a productive and rather profound conversation. The outcome is a study that combines philological prowess, analytical sophistication, and astonishing lucidity. Sure to spark important conversations in Islamic Studies and beyond, this book deserves to be taught in wide ranging undergraduate and graduate seminars as well.

SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome.

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