New Books in Law

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Yael Ben-zvi, “Native Land Talk: Indigenous and Arrivant Rights Theories” (Dartmouth College Press, 2018) Nov 15, 2018

Show notes

Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk: Indigenous and Arrivant Rights Theories (Dartmouth College Press, 2018), expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers’ attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi, American Studies Professor at Ben-Gurion University of the Negev, analyzes nativity’s unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explains the obstacles to historic solidarity between Native American and African American struggles.

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Ryan Tripp (Ph.D., History) is currently an adjunct in History at Los Medanos Community College and Southern New Hampshire University.

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Mike Ananny, “Networked Press Freedom: Creating Infrastructures For a Public Right to Hear” (MIT Press, 2018) Nov 05, 2018

Show notes

In Networked Press Freedom: Creating Infrastructures For a Public Right to Hear (MIT Press, 2018), journalism professor Mike Ananny provides a new framework for thinking about the media at a time of significant change within the industry. Drawing on a variety of disciplines from journalism studies, political theory and technological studies, Ananny argues press freedom is a result of an interplay of duty, autonomy, social, and institutional forces.

Focusing on the public right to hear, Ananny explores the competing values and publics journalists must negotiate to provide objective news and to build trust. Exploring the complexities of ‘doing journalism’ in the 21st century with competing technological platforms he attempts to answer the question: what is the role of journalism and freedom of the press in the modern era?

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J. Obert, A. Poe, A. Sarat, eds., “The Lives of Guns” (Oxford UP, 2018) Nov 01, 2018

Show notes

What if guns “are not merely carriers of action, but also actors themselves?” That’s the question that animates and unites Jonathan Obert‘s and Andrew Poe‘s, and Austin Sarat‘s unique collection of essays, The Lives of Guns (Oxford University Press, 2018). In it, contributors discuss the political, social and personal “lives” of guns from a variety of perspectives. Join us to hear editors Obert and Poe help us consider new ways of thinking about American narratives of ballistic weapons.

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 People’s 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 University Press, 2017).

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Nathan K. Finney and Tyrell O. Mayfield, “Redefining the Modern Military: The Intersection of Profession and Ethics” (Naval Institute Press, 2018) Oct 31, 2018

Show notes

Redefining the Modern Military: The Intersection of Profession and Ethics (Naval Institute Press, 2018), edited by Nathan K. Finney and Tyrell O. Mayfield, is a collection of essays examining military professionalism and ethics in light of major changes to modern warfare. Contributors examine philosophical and legal questions about what constitutes a profession, the requirements of a military professional, and military education. Additionally, the authors tackle questions of ethics related to new technological advancements, such as unmanned aircraft. Finally, an interesting discussion of the military’s relationship with society, and vice versa, is discussed as an important component of oversight of the profession. Today I spoke with Finney and one of the contributors, Brian Laslie.

Beth Windisch is a national security practitioner. You can tweet her @bethwindisch.

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Jeffrey D. Sachs, “A New Foreign Policy: Beyond American Exceptionalism” (Columbia UP, 2018) Oct 10, 2018

Show notes

If you are tired of reading the same, Washington-based, consensus, ‘realist’ and or ‘neo-conservative’, critiques of American foreign policy, here is something to salivate on: Jeffrey D. Sachs’, A New Foreign Policy: Beyond American Exceptionalism (Columbia University Press, 2018). By turns, noted author Jeffrey Sachs’ book is unorthodox, iconoclastic, novel and indeed at times eccentric. A New Foreign Policy provides a road map for a U.S. foreign policy that embraces globalism, cooperation, international law, and aspirations for worldwide prosperity—not nationalism and illusory dreams of empty and past glory. You may not agree with him, indeed you may believe that he is completely wrong and his facts do not add up. Regardless, Sachs’ book is the one that foreign policy experts will be discussing this Fall.

Charles Coutinho holds a doctorate in history from New York University. Where he studied with Tony Judt, Stewart Stehlin and McGeorge Bundy. His Ph. D. dissertation was on Anglo-American relations in the run-up to the Suez Crisis of 1956. His area of specialization is 19th and 20th-century European, American diplomatic and political history. It you have a recent title to suggest for a podcast, please send an e-mail to Charlescoutinho@aol.com.

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Deborah Jaramillo, “The Television Code: Regulating the Screen to Safeguard the Industry” (U Texas Press, 2018) Oct 09, 2018

Show notes

If you watch old movies or study film history, you may know that early 20th-century Hollywood operated under the Motion Picture Production Code, which dictated what could and couldn’t be portrayed onscreen. But did you know that television had a code of its own? Its story has never been told at length until now.

Deborah Jaramillo, Associate Professor of Film and Television at Boston University, is the author of a new book called The Television Code: Regulating the Screen to Safeguard the Industry (University of Texas Press, 2018). Jaramillo tells the story of a young television industry’s attempt to police itself on controversial questions about content, fending off pressure from government regulators and finicky viewers. Jaramillo explores whether the federal government could have played a stronger role at this formative time in the industry, and what the code did and didn’t accomplish in its three decades of existence.

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K. Dittmar, K. Sanbonmatsu, and S. Carroll, “A Seat at the Table: Congresswomen’s Perspectives on Why Their Presence Matters” (Oxford UP, 2018) Oct 08, 2018

Show notes

Interviewing one member of Congress is a feat for most researchers. Interviewing nearly 100 and almost every women member of Congress is remarkable. Even more remarkable is what we can learn from that data collection about the perceptions of women members of Congress, especially about the way they perceive recent partisan polarization and the changing role of gender, race, and ethnicity.

Such is the exhaustive project of Kelly Dittmar, Kira Sanbonmatsu, and Susan J. Carroll, who are the authors of A Seat at the Table: Congresswomen’s Perspectives on Why Their Presence Matters (Oxford University Press, 2018). Dittmar is assistant professor of political science, Sanbonmatsu is professor of political science, and Carroll is professor of political science and gender studies, all at Rutgers University.

If you want to know how members of Congress think and the ways that they view their work, you would be hard pressed to find a better book. Dittmar, Sanbonmatsu, and Carroll fill so many blanks in the study of the ways that women legislate and how they perceive that work. This book is a must read for scholars of women and politics, American politics, and representation.

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Daniel E. Ponder, “Presidential Leverage: Presidents, Approval, and the American State” (Stanford UP, 2018) Oct 04, 2018

Show notes

Dan Ponder’s new book, Presidential Leverage: Presidents, Approval, and the American State (Stanford University Press, 2018), is an important and thoughtful exploration of the concept of presidential leverage, specifically how much capacity the president has to accomplish goals, particularly in terms of asserting power to produce outcomes from Congress. Ponder examines leverage in context, which makes this book very useful in thinking about not only the Executive, but also the Legislature, and the ways in which the branches and political bodies operate in our political system. Presidential Leverage explores not only the president’s role in many of the ways scholars generally assess the president, but also the presidency as part of the state itself. Ponder braids together this understanding of position of the president (and his/her general approval or disapproval by the citizens) and how the strength of that position is tied not just to the office and the person in it, but also to broader conceptualizations of citizen trust in government. Ponder interrogates this dynamic, unpacking and examining the different parts of it, and then integrates these pieces into a quantitative scoring of presidential leverage, giving the reader an understanding of when presidents may have more capacity or political capital and when they may have less influence or ability—but that these capacities, or lack thereof, are not just about the person in the White House, but very much connected to how we, the people, think about our government.

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Candice Delmas, “A Duty to Resist: When Disobedience Should Be Uncivil” (Oxford UP, 2018) Oct 01, 2018

Show notes

According to a long tradition in political philosophy, there are certain conditions under which citizens may rightly disobey a law enacted by a legitimate political authority. That is, it is common for political philosophers to recognize the permissibility of civil disobedience, even under broadly just political conditions. There are, of course, longstanding debates over how to distinguish civil from uncivil disobedience, what forms civil disobedience may take, and the difference between civil disobedience and other kinds of principled lawbreaking (such as conscientious refusal). Yet the consensus seems to be that whenever disobedience is permissible, it must also be enacted within the constraints of civility.

In her new book, A Duty to Resist: When Disobedience Should Be Uncivil (Oxford University Press, 2018), Candice Delmas challenges this consensus. She develops an argument according to which standard arguments for the general obligation to obey the law also permit forms of principled lawbreaking that go beyond standard constraints of civility.

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B. P. Owensby and R. J. Ross, “Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America” (NYU Press, 2018) Sep 28, 2018

Show notes

Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (New York University Press, 2018), edited by Brian P. Owensby and Richard J. Ross, examines the conflict and interplay between settler and indigenous laws in the New World.

As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other’s legal ideas and conceptions of justice.

This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law.

Natives and settlers construed and misconstrued each other’s legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.

Ryan Tripp teaches a variety of History courses at Los Medanos Community College. He also teaches History courses for two universities. He has a Ph.D. in History from the University of California, Davis, with a double minor that includes Native American Studies.

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