New Books in Law

Latest Episodes:

Leor Halevi, "Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935" (Columbia UP, 2019) Jan 07, 2020

Show notes

How did Muslims respond to foreign goods in an age characterized by global exchange and European imperial expansion? What sort of legal reasoning did scholars apply in order to appropriate – or reject – items like the synthetic toothbrush, toilet paper, gramophones, photographs, railway lines, banknotes, hats, and other commodities? What role did laypeople play in shaping the contours of the scholarly debates around these items and projects? How did the entanglements of imperial power plays affect the decisions made by these scholars and laypersons?

In Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935 (Columbia University Press, 2019), Leor Halevi tackles these questions by exploring how Muslim reformers employed sophisticated legal reasoning rooted in textual sources as well as social context to account for the introduction of these new commodities, technologies, and laws in their rapidly changing societies. By focusing on the works of Rashid Rida – the Syrian-Egyptian publisher of Al-Manar – Halevi demonstrates how modern technological advancements also transformed the very processes of Islamic law, as lay inquirers became central actors in shaping the contours of the discussion. Thus, through his analysis, Halevi creates a space for reading the development of Islamic law in this period as an “Islamic law from below.” The portrait emerges of an enchanting global journey across time and space in the Muslim-majority world as we witness an Islamic tradition that was actively – and critically – engaged in modernity’s premises through the trials of modern things.

Asad Dandia is a graduate student of Islamic Studies at Columbia University.

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Mark Bartholomew, "Adcreep: The Case Against Modern Marketing" (Stanford Law Books, 2017) Jan 02, 2020

Show notes

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private.

In Adcreep: The Case Against Modern Marketing (Stanford Law Books, 2017), Mark Bartholomew journeys through the curious and sometimes troubling world of modern advertising. Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience.

In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

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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Andrew Israel Ross, "Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris" (Temple UP, 2019) Dec 31, 2019

Show notes

In his provocative new book, Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris (Temple University Press, 2019), Dr. Andrew Israel Ross maps out the intersection between histories of sexualities and the urban history of Paris in the 1800s. He examines how the regulation of public sex created new ways of understanding the relationship between individuals and the spaces they inhabited. In this interview, he discusses the policing of prostitution through government-sanctioned brothels, efforts to regulate male same-sex sexual activity at the city’s public urinals, Haussmannization and the creation of new sites for public sex, and the emergence of new sexual identities in the Third Republic.

Beth Mauldin is an Associate Professor of French at Georgia Gwinnett College in Lawrenceville, Georgia. Her research interests include French cultural studies, film, and the social and cultural history of Paris.

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Shoba Sivaprasad Wadhia, "Banned: Immigration Enforcement in the Time of Trump" (NYU Press, 2019) Dec 30, 2019

Show notes

Immigration is one of the most complex issues of our time in the United States and around the world. Enforcing immigration law in the U.S. involves a mix of courts and executive agencies with lots of opportunities for confusion, miscommunication, and changes in approach from administration to administration. While these things are nothing new, they take on a new dimension when the lives of undocumented immigrants and asylum seekers are at stake.

Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, is an expert in immigration law and joins us this week to discuss how discretion, checks and balances, and the rule of law figure into immigration enforcement — particularly in the Trump administration. Her new book, Banned: Immigration Enforcement in the Time of Trump (New York University Press, 2019), includes interviews with former immigration officials and people impacted by the Trump administration’s immigration policies.

Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station.

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Stanley Fish, "The First: How to Think About Hate Speech" (One Signal, 2019) Dec 30, 2019

Show notes

Stanley Fish is a well-known scholar regarding the First Amendment and free speech. In his latest book, The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-truth, and Donald Trump (One Signal, 2019), Professor Fish discusses the popular and legal meanings of the First Amendment’s speech and religion clauses. He argues that speech is not an apolitical concept, but is in fact often invoked for political purposes. Although he favors a robust zone of free speech, he is careful to note what speech law does and should protect versus what it does not, or should not, protect. He makes distinctions between freedom of inquiry in an academic setting and the claims of absolutists regarding free speech on campuses. He is also concerned with what he considers the “poor fit” of the modern interpretation of the religion clauses (Free Exercise and Establishment Clauses) with the Constitution’s concerns with individual liberty. In addition to the Constitution, Professor Fish discusses the roles of sunshine laws, post-modern interpretations of speech, and the political speech phenomenon of Donald Trump.

Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory.

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Sandra Fahy, "Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record" (Columbia UP, 2019) Dec 23, 2019

Show notes

“The things that are happening to North Korea are happening to all of us…they are part of the human community. To say that this is just a problem for North Korea is to say that North Koreans are not part of the human community.” In her new book, Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record (Columbia University Press, 2019), Sandra Fahy gives a thorough and compelling analysis of testimonies and reports on North Korea. Fahy explores the United Nation’s report as well as North Korea’s response to the report. The book also tackles issues of famine and hunger, information control, movement within the country and outside it, in addition to other pertinent issues. The book is full of detailed reporting on the issues but is still written in an accessible way in order to help readers understand more about North Korea and its people.

Sarah E. Patterson is a Postdoctoral Fellow at the University of Michigan.

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Talitha LeFlouria, "Chained in Silence: Black Women and Convict Labor in the New South" (UNC Press, 2016) Dec 20, 2019

Show notes

Professor Talitha LeFlouria, a fellow at the Carter G. Woodson Institute at the University of Virginia, discusses her book, Chained in Silence: Black Women and Convict Labor in the New South (University of North Carolina Press, 2016) and the lives, labors, and legacies of incarcerated black women and the convict lease system in the early 20th century South.

In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating a new and dynamic set of skills for black women. At the same time, female inmates struggled to resist physical and sexual exploitation and to preserve their human dignity within a hostile climate of terror. This revealing history redefines the social context of black women's lives and labor in the New South and allows their stories to be told for the first time.

Beth A. English is director of the Liechtenstein Institute's Project on Gender in the Global Community at Princeton University. She also is a past president of the Southern Labor History Association.

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Taylor Pendergrass, "Six by Ten: Stories from Solitary" (Haymarket Books, 2018) Dec 18, 2019

Show notes

Long-term solitary confinement meets the legal definition of torture, and yet solitary confinement is used in every state in the United States. People are placed in solitary confinement for a variety of reasons, and long-term solitary confinement can have a harmful effect on mental and physical health. Reform is happening, but the use of solitary confinement is still a problem in the US.

Taylor Pendergrass, a lawyer who works on criminal justice reform for the ACLU, has spent over a decade collecting stories of people who have been impacted by the criminal justice system. Along with Mateo Hoke, he has co-edited the book Six by Ten: Stories from Solitary (Haymarket, 2018). In addition to a primer and brief history of solitary confinement, the book consists of personal history narratives. The stories are by people who have spent time in solitary confinement, family members, and people who have worked in prison systems. Voices of people who are, or have been, in solitary confinement are rare to hear, because they oppressed and difficult to access. The stories in this book are powerful, nuanced, and complex, and give readers a better understanding of the impact of solitary confinement on people’s lives.

In this interview, Pendergrass describes the conditions and psychological impact of solitary both during and after incarceration. He also discusses the history and rational behind solitary confinement in the US, progress toward criminal justice reform, and ways people can help.

Resources mentioned in this interview:

-NY Times Articles about solitary confinement in Colorado by Rick Raemisch here and here.

-Pen Pal program with people in solitary confinement here.

-Article by Craig Haney, Department of Psychology, University of California, Santa Cruz, an overview of research on the psychological impact of solitary confinement here.

Debbie Sorensen, Ph.D. is a licensed psychologist practicing in Denver, Colorado and a co-host of the podcast Psychologists Off The Clock.

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G. Edward White, "Law in American History, Volume III: 1930-2000" (Oxford UP, 2019) Dec 17, 2019

Show notes

For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford UP, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000.

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Asma T. Uddin, "When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom" (Pegasus Books, 2019) Dec 16, 2019

Show notes

What happens when a religion is demonized to such an extent that it is no longer deemed a religion – but an ideology? What effect does such a political refashioning of a religion have on the rights to free expression of its adherents? What are the implications of politicizing and secularizing a religion as it concerns religious liberty and diversity? How does this treatment of one religion set a precedent for treatment of them all?

In When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom (Pegasus Books, 2019), Asma T. Uddin grapples precisely with these questions. Through weaving personal narrative, legal training, and historical grounding into her book, Asma breaks down prevailing stereotypes about Muslims and Islam, details the various mechanisms and consequences of religious bigotry and animus, and underscores the importance of religious liberty for all communities in a highly accessible and graceful language.

Asad Dandia is a graduate student of Islamic Studies at Columbia University.

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