New Books in Law

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Katrina Jagodinsky, “Legal Codes and Talking Trees” (Yale UP, 2016) Feb 21, 2018

Show notes

In Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (Yale University Press, 2016), Katrina Jagodinsky recovers the stories too often presumed lost in the silences of colonial archives: those of Indigenous women operating within systems of American law. In doing so, she argues that Indigenous women in the American southwest and Pacific northwest used Indigenous epistemologies, legal codes, and community connections, to navigate American settler colonial legal regimes and in some cases emerging victorious. Jagodinsky, an Associate Professor in the history department at the University of Nebraska-Lincoln, uses unique methodologies combining traditional legal history, poetry, and non-written knowledge networks to recount the histories of six women from the border regions of what is today Arizona/Sonora and Washington/British Columbia. Legal Codes and Talking Trees shows how even under ardently white supremacist power structures and within settler colonial societies designed to dispossess Indigenous communities, people not only straddled racial lines individually, but also made families that run counter to easy narratives. Jagodinsky’s book is a call to arms for historians and archivists not to take their academic privilege for granted, and to use innovative research methods to locate and retell difficult to find stories, even when the archives may seem as incomprehensible as the language of the trees.

Stephen Hausmann is a doctoral candidate at Temple University and Visiting Instructor of history at the University of Pittsburgh. He is currently writing his dissertation, a history of race and the environment in the Black Hills and surrounding northern plains region of South Dakota, Wyoming, and Montana.

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Richard D. Brown, “Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War” (Yale UP, 2017) Feb 13, 2018

Show notes

Richard D. Brown’s new book Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War (Yale University Press, 2017) offers a deft examination of the idea enshrined in the Declaration of Independence that “All men are created equal” and how it worked out practically in the young republic based on a vision of a new democratic order in which superior merit would mark the difference among citizens. From the beginning the nation struggled with the ideal and the reality of social inequality based on religion, nationality, ethnicity, race, gender, age and social class. Americans debated the vision of equality as reserved before God alone, equality before the law and equality of opportunity. Brown demonstrates how these debates played out in criminal trials and punishment, divorce cases, and among immigrants and African Americans. Seeking to distinguish themselves from the inherited class structure of England, Americans retained a feature that would make equality difficult to realize, namely inherited private property and patriarchal coverture. Brown gives us a thorough understanding of the myth of a classless society that has held sway since the founding of the nation.

Richard D. Brown is the Board of Trustees Distinguished Professor of History, Emeritus, at the University of Connecticut.

This episode of New Books in American Studies was produced in cooperation with the Society for U.S. Intellectual History.

Lilian Calles Barger is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: An Intellectual History of Liberation Theology forthcoming in 2018 from Oxford University Press.

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Leon Wiener Dow, “The Going: A Meditation on Jewish Law” (Palgrave MacMillan, 2017) Feb 09, 2018

Show notes

Leon Wiener Dow’s most recent work The Going: A Meditation on Jewish Law (Palgrave MacMillan, 2017) offers readers intimate, informative, and at times provocative reflections on halakha, or Jewish law. The author makes nuanced philosophical and theological observations on the ideas and actions that define a halakhic life, and grounds his ideas with rich personal anecdotes that are woven throughout. Wiener Dow’s lively, captivating style of writing draws the reader into his powerful discussion of the roles that community, language, tradition, and evolution play in the halakhic journey.

Leon Wiener Dow received his Ph.D. in Philosophy from Bar-Ilan University and rabbinic ordination from Rabbi Professor David Hartman. He is currently a research fellow and faculty member of the Shalom Hartman Institute in Jerusalem, Israel.

Robin Buller is a Ph.D. Candidate in History at the University of North Carolina at Chapel Hill.

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Elizabeth Stordeur Pryor, “Colored Travelers: Mobility and the Fight for Citizenship before the Civil War” (UNC Press, 2016) Jan 29, 2018

Show notes

Typically the Jim Crow Era of segregation is understood as beginning directly after Reconstruction and going into the mid-twentieth century with the dual climaxes of the Brown vs. Board Supreme Court decision and the Montgomery Bus Boycott Movement in Montgomery, Alabama. What this narrative suggests is that Jim Crow was a southern phenomenon. Such a view is unfortunately ill conceived. Colored Travelers: Mobility and the Fight for Citizenship before the Civil War (University of North Carolina Press, 2016), written by Dr. Elizabeth Stordeur Pryor, Associate Professor of History at Smith College, reshapes contemporary memory of when and why Jim Crow laws were enacted. In Colored Travelers, Dr. Pryor details how while antebellum-era Northern black abolitionists simultaneously fought to abolish slavery, they also pushed the limits of what citizenship meant by attempting to freely travel within it. They did this by challenging Northern Jim Crow laws set to undermine the mobility of black people in general, but this oppression hit black abolitionists most because of the mobility needed to reach their events. By using travel narratives, newspaper articles, and various primary sources of domestic and international black travel, Dr. Pryor explains why the pre-Civil War period was an essential training ground for the laws that would nationally become entrenched in the post-emancipation United States of America.

Adam McNeil is a graduating M.A in History student at Simmons College in Boston, MA. He graduated from Florida Agricultural and Mechanical University in Fall 2015 with B.S. in History. Adam can be reached at @CulturedModesty.

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Public Debate and Respectful Engagement with John Corvino Jan 25, 2018

Show notes

John Corvino is Professor of Philosophy at the Wayne State University in Detroit. His academic work focuses on topics in moral, social, and legal philosophy surrounding sexuality, gender, marriage, religious conviction, and discrimination. But John is also an active public philosopher who frequently participates in public debates over these topics. He produces and appears in a popular YouTube series of short videos devoted to the philosophical discussion of controversial topics. He is the author of What’s Wrong with Homosexuality?, co-author (with Maggie Ghallagher) of Debating Same Sex Marriage, and.co-author (with Ryan Anderson and Sherif Girgis) of Debating Religious Liberty and Discrimination, all published with Oxford University Press.

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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Stephen G. Craft, “American Justice in Taiwan: The 1957 Riots and Cold War Foreign Policy” (Kentucky UP, 2017) Jan 18, 2018

Show notes

On May 23, 1957, US Army Sergeant Robert Reynolds was acquitted of murdering Chinese officer Liu Ziran in Taiwan. Reynolds did not deny shooting Liu but claimed self-defense and, like all members of US military assistance and advisory groups, was protected under diplomatic immunity. Reynolds’s acquittal sparked a series of riots across Taiwan that became an international crisis for the Eisenhower administration and raised serious questions about the legal status of US military forces positioned around the world.

In American Justice in Taiwan: The 1957 Riots and Cold War Foreign Policy (Kentucky University Press, 2017), Stephen G. Craft provides a multi-archival study of the causes and consequences of the Reynolds trial and the ensuing protests. After more than a century of what they perceived as unfair treaties imposed by Western nations, the Taiwanese regarded the special legal status of resident American personnel with extreme distrust. While Eisenhower and his advisers considered Taiwan to be a vital ally against Chinese communism, the US believed that the Taiwanese government had instigated the unrest in order to protest the verdict and demand legal jurisdiction over GIs.

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Constitutional Reform in Iceland with Jon Olafsson Jan 11, 2018

Show notes

Jon Olafsson is Professor in the n the department of Comparative and Cultural Studies at the University of Iceland. His research is focused on democracy, political participation, dissent, reconciliation, and social criticism. Jon has written extensively about the efforts in Iceland – from roughly 2010 to 2013 - to revise the nation’s constitution.

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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Seth Barrett Tillman on the Foreign Emoluments Clause and President Trump Jan 10, 2018

Show notes

Seth Barrett Tillman, an instructor in the Department of Law at Maynooth University in Ireland, is one of the few scholars to have researched and written about the history of the Foreign Emoluments Clause of the U.S. Constitution. Prof. Tillman has also submitted amicus briefs (friend of the court briefs) in three recent federal cases regarding whether President Trump has violated the clause. In this podcast interview, Prof. Tillman discusses the historical origins of the clause, its original understanding during the early republic, and its possible application to the Trump presidency. In short, Prof. Tillman contends that the clause does not apply to elective offices; rather, it only applies to appointed offices in the federal government. Although conceding that there are good reasons to want such a clause to apply to the President, he contends that it is simply not a proper understanding of the clause to apply it to President Trump.

Here’s some reading:

Prof. Tillman and Josh Blackman’s New York Times op-ed on Trump and the emoluments clause.

Prof. Tillman’s article in the Harvard Journal of Law and Public Policy on Trump and the emoluments clause

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Stewart Patrick, “The Sovereignty Wars: Reconciling America with the World” (Brookings Institution Press, 2017) Jan 08, 2018

Show notes

The Sovereignty Wars: Reconciling America with the World (Brookings Institution Press, 2017) is an important and in depth study of American interaction with the intricate concept of Sovereignty, from the Founding Fathers to Donald Trump. Stewart Patrick delineates for the reader the fraught concept of sovereignty, showing how it has changed in both meaning and importance for Americans since the foundation of the United States. Going back to John Locke and going forward to John Bolton, Patrick demonstrates that sovereignty is not a static or monolithic concept or idea, but one which is both flexible and enduring.

Stewart Patrick is the James H. Binger senior fellow in global governance and director of the International Institutions and Global Governance Program at the Council on Foreign Relations.

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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David J. Carlson, “Imagining Sovereignty: Self-Determination in American Indian Law and Literature” (U of Oklahoma Press, 2016) Jan 05, 2018

Show notes

Sovereignty is a key concept in Native American and Indigenous Studies, but its also a term that is understood in multiple ways. Working across the boundaries of legal and literary theory, David J. Carlson‘s Imagining Sovereignty: Self-Determination in American Indian Law and Literature (University of Oklahoma Press, 2016) examines the works, both creative and theoretical, of many Native intellectuals who have considered sovereignty in the past century. Sovereignty emerges in this study as a necessarily imprecise concept that mediates between indigenous communities and also with the settler colonial government of the United States. Carlson discusses thinkers who have previously been seen as opposed, showing ways that their disparate projects can in fact be seen via the idea of self-determination as in many ways complementary.

James Mackay is Assistant Professor of British and American Studies at European University Cyprus, and is one of the founding editors of the open access Indigenous Studies journal Transmotion. He can be reached at j.mackay@euc.ac.cy.

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