New Books in Law

Latest Episodes:

Debra Thompson, "The Schematic State: Race, Transnationalism, and the Politics of the Census" (Cambridge UP, 2016) Feb 12, 2019

Show notes

Debra Thompson, in her award-winning* book The Schematic State: Race, Transnationalism, and the Politics of the Census (Cambridge University Press, 2016), explores the complexities of the politics of the census. This book, which unpacks the census itself, leads the reader to consider how this mundane tool actually translates the abstraction of the state into a concrete entity, and, at the same time, how this tool has been and is used in contradictory ways in regard to the issue of race. Thompson, in exploring the census, contextualizes her analysis within three case studies: the United States, Canada, and the United Kingdom. She examines these cases over the course of more than 200 years of history and data, and she traces the shifts and changes in terms of racial categorization on the census, noting the fluid nature of understandings of race as applied to the citizen body in each of these countries, and how race was made legible by the census. The Schematic State also digs into the state, how it makes use of the data that is gleaned from the census, and what these uses suggest in terms of the instrument of the census. This book will be of interest to a variety of scholars and lay people, since the text and the research knit together different fields within and beyond political science, including comparative politics, critical race studies, critical legal studies, political theory, public policy, institutional political development, and statistical studies.

*Winner, 2017 Race and Comparative Politics Best Book Award, Race, Ethnicity and Politics Section, American Political Science Association.

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The Constitution as a Public Ethos with Corey Brettschneider Feb 05, 2019

Show notes

Corey Brettschneider is Professor of Political Science at Brown University, and Visiting Professor of Law at Fordham University. His work is focused in democratic theory and constitutional law. His most recent book is titled The Oath and the Office: A Guide to the Constitution for Future Presidents.

The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project.

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Matthew Longo, "The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11" (Cambridge UP, 2017) Feb 04, 2019

Show notes

In his new book, Matthew Longo takes the reader on an unusual journey, at least within political theory, since his work combines a normative political theory approach with an ethnographic approach to understand both the conceptual and actual issue of borders as spaces that separate and distinguish states and nations, and individuals and citizens. The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11 (Cambridge University Press, 2017) is not simply about the border because, as the book makes clear, borders are in no way simple, and what Longo has pursued in his work is the complexity that encompasses the theoretical idea of the border but also how and why borders are more diverse in understanding than we often ascribe to them. Longo interrogates what a border actually is, noting that the space itself is not quite the thin line between states that we often assume it to be, but a physical area that is co-administered by bordering nations, often collaboratively, thus blurring the line or space of sovereignty. Threaded throughout the book is the ongoing question of what constitutes citizenship, since borders and citizenship are braided together though the structures of the state, and the considerations of who is and is not permitted membership within a state. Longo has also included a substantial exploration of the role of technology and data in the actual understanding of how border security works in practice. This section of the analysis is particularly important to consider because, according to Longo, the focus on the individual and their data profile, shifts the understanding of state sovereignty and the responsibility for definitions of citizenship. This book is incredibly topical in a variety of areas, not least in the way that it contributes to our thinking about the border itself as a space and as a concept, the role of the state, and the growing domain of data and technology and how they are shaping ideas of citizenship.

This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj.

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Leigh Goodmark, "Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence" (U California Press, 2018) Feb 04, 2019

Show notes

Thanks to the efforts of activists concerned that the problem of “battered women” was being ignored -- and treated as a private, family matter rather than a broader social problem -- since the 1980s interpersonal/domestic violence has been treated as a criminal act enforced by the institutions of American criminal justice. But too seldom have we asked if this approach has actually worked. In her powerful and provocative new book, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (University of California Press, 2018), Leigh Goodmark asks us to evaluate the effects of criminalizing domestic violence and to consider what might be gained by thinking about interpersonal violence as a problem of economics, public health, community, and human rights.

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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Zeb Tortorici, "Sins Against Nature: Sex and Archives in Colonial New Spain" (Duke UP, 2018) Feb 01, 2019

Show notes

In Sins Against Nature: Sex and Archives in Colonial New Spain (Duke University Press, 2018), Zeb Tortorici analyzes a vast corpus of documents in order to understand how sex acts that were considered out of the norm were understood for over three centuries of Spanish control. Men and women often engaged in ‘unnatural’ sexual acts that not only revealed the relations of power in colonial society, but also the close interaction that archivists and historians have had with their stories. Sodomy, bestiality, priests soliciting during confession, as well as masturbation induced by erotic fantasies with saints and other religious characters, all disclose the role that religious and ecclesiastical institutions, archives, and historical analysis have had in erasing subjects, misclassifying them, or openly discounting their importance. Tortorici’s analysis proves that in order to reconstruct the past it is central to understand how documents were kept and categorized.

Pamela Fuentes is Assistant Professor in the Women’s and Gender Studies Department-NYC campus.

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Dagmar Herzog, "Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe" (U Wisconsin Press, 2018) Jan 25, 2019

Show notes

In her new book, Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe (University of Wisconsin Press, 2018), Dagmar Herzog examines the relationship between reproductive rights and disability rights in contemporary European history. In a study that appeared in the George L. Mosse Series in Modern European Cultural and Intellectual History, Herzog uncovers much that is unexpected. She analyzes Protestant and Catholic theologians that were pro-choice in the 1960s and 1970s; the ways in which some advocates of liberalized abortion access displayed hostility to the disabled; the current backlash against women’s reproductive rights in Europe fueled in part by activists presenting themselves as anti-eugenics and pro-disability; and the impressive advances in disability rights inspired by submerged, contrapuntal strands within psychoanalysis and Christianity alike. An outstanding contribution to the histories of religion, sexuality, and disability rights, this book is essential reading for anyone interested in post-1945 Europe.

Michael E. O’Sullivan is Associate Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018.

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Hidetaka Hirota, "Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy" (Oxford UP, 2018) Jan 23, 2019

Show notes

Hidetaka Hirota is an Assistant Professor in the Institute for Advanced Study at Waseda University in Tokyo, Japan. Prior to his current position, he was a Mellon Research Fellow in the Society of Fellows in the Humanities at Columbia University and taught at the City University of New York-City College. Dr. Hirota’s book, Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (Oxford University Press, 2018) has received awards from the Immigration and Ethnic History Society, the New England American Studies Association, and the American Conference for Irish Studies, and Dr. Hirota’s book also received a special commendation for the Massachusetts Historical Society book prize.

Dr. Hirota’s book focuses on state legislation policies of immigration control in New York and Massachusetts. Dr. Hirota asserts those laws come to act as a framework for subsequent federal policy. While most American Studies scholars have mostly aligned with the dominant theory that our nation had open borders prior to the Chinese Exclusion Act of 1882, Hirota’s research reveals that prior to the 1880s laws of exclusion and deportation were used to to rid communities of the poor and infirm.

"Hidetaka Hirota's Expelling the Poor is an exceptional, deeply researched, and timely study that transforms our understanding of U.S. immigration history and of Irish American studies. Shockingly, Hirota demonstrates that in the mid-nineteenth century Massachusetts and New York officials, inspired by nativism, anti-Catholicism, and what would now be called neoliberalism, excluded and/or deported roughly 100,000 would-be immigrants to the United States: mostly Irish paupers, many of them helpless widows and orphans, often expelled in the cruelest and most autocratic manner. As Hirota also shows, these vicious state policies were later adopted on the federal level, and, indeed, they are implemented today against the immigrants and refugees that US economic and foreign policies have uprooted from their homes."--Kerby A. Miller, author of Emigrants and Exiles: Ireland and the Irish Exodus to North America.

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Clarence Taylor, "Fight the Power: African Americans and the Long History of Police Brutality in New York City" (NYU Press, 2018) Jan 18, 2019

Show notes

In his most new book Fight the Power: African Americans and the Long History of Police Brutality in New York City (NYU Press, 2018), Clarence Taylor, dean of the history of the civil rights movement in New York, looks at black resistance to police brutality in the city, and institutional efforts to hold the NYPD accountable, since the late 1930s and '40s.

“Many people think that police brutality is a recent phenomenon,” says Taylor, professor emeritus at Baruch College and The Graduate Center of City University of New York. But, in fact, it has a long, sordid history, going back even further than the years covered in this new book. And long before the era of cellphones, black newspapers did their own investigations when men, women, and children were beaten or killed by the police. (Louis Lomax, the first African-American journalist to appear regularly on television news, commented in the early 1960s that, if not for police brutality, the black press would have "considerable blank space.")

Taylor also looks at the history of the Civilian Complaint Review Board, first proposed after the Harlem riots of 1935 and 1943. La Guardia and the mayors who followed refused to challenge the NYPD’s power, which is why it took nearly fifty years to establish an independent public agency to investigate allegations of abuse.

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Alexander S. Dawson, "The Peyote Effect: From the Inquisition to the War on Drugs" (U California Press, 2018) Jan 17, 2019

Show notes

Peyote occupies a curious place in the United States and Mexico: though prohibited by law, its use remains permissible in both countries for ceremonial practices in certain religions. As Alexander S. Dawson reveals in The Peyote Effect: From the Inquisition to the War on Drugs (University of California Press, 2018), this anomalous position is nothing new, as it existed as far back as the prohibitions on the use of peyote by non-Indians imposed by the Inquisition in Mexico during the colonial period. Though this ban ended with Mexico’s independence, it was not until chemists in Germany and the United States began investigating peyote’s properties in the late 19th century that its usage spread outside of Native American communities. Fears of the drug’s psychoactive effects led to a succession of state-level U.S. bans in the early 20th century, yet these were usually fragmentary in their scope, allowing for its continued usage by Native American communities outside their jurisdictions. The broader use of peyote as a hallucinogen in the 1950s led to more general efforts to outlaw it, yet the exemptions granted for its use by Native Americans in religious practices creates a distinction between them and the larger population akin to the one that existed during the colonial era hundreds of years ago.

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John Witte, Jr., "The Western Case for Monogamy over Polygamy" (Cambridge UP, 2018) Jan 15, 2019

Show notes

John Witte, Jr.'s The Western Case for Monogamy over Polygamy (Cambridge University Press, 2018) is an extensively researched book showcasing the author's deep knowledge and experience in the field of family and religious law. It traces the legal origins of European monogamy from the classical period to the present. Originally conceived as a brief for an advisory opinion to a Canadian court, Witte transformed this assignment into a work that not only explores the history of European marital law, but argues that monogamy is positive for society. It considers not just the legal, but also the moral and religious arguments for this institution. He joins us from Atlanta.

Jeffrey Bristol is a PhD candidate in Anthropology at Boston University and a JD candidate at the University of Michigan Law School.

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