New Books in Law

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Timothy S. Huebner, “Liberty and Union: The Civil War Era and American Constitutionalism” (U. Press of Kansas, 2016) Dec 19, 2016

Show notes

Timothy S. Huebner, the Irma O. Sternberg Professor of History at Rhodes College in Memphis, has written Liberty & Union: The Civil War Era and American Constitutionalism (University Press of Kansas, 2016), a one-volume history of the constitutional debates regarding slavery and sovereignty from the Declaration of Independence through the end of Reconstruction. Huebner brings together three strands of history: African American history, military history, and constitutional/political history. In doing so, he joins often disparate areas of inquiry in an account of the unresolved questions from the Founding Era: 1) what would become of slavery? and 2) what was the nature of the Union and how was sovereignty divided between the states and federal government? Huebner reviews the competing theories and political events that repeatedly stoked debate and conflict over how slavery would be handled in a federated constitutional republic. Huebner makes original contributions to the debates about the Civil Wars origins and outcomes by integrating the political and military contributions of African Americans, especially norther free blacks of the antebellum period and blacks from North and South who sought freedom and fought in the war. Additionally, Huebner denotes how the conduct of the war revealed the political and constitutional views of military and civilian commanders on both sides. Huebner concludes that the Civil War and Reconstruction provided definitive answers to the questions of slavery and sovereignty: slavery was extinguished and the sovereignty of the people (rather than the states) had been vindicated. This is a work intended for general readers and professional historians.

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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Jen Manion, “Liberty’s Prisoners: Carceral Culture in Early America” (U. Pennsylvania Press, 2016) Dec 19, 2016

Show notes

Jen Manion is an associate professor of history at Amherst College. Her book Liberty’s Prisoners: Carceral Culture in Early America (University of Pennsylvania Press, 2016) offers a detailed examination of how the reform regimen of incarceration developed as the new American nation was experiencing deep social and political transformation. The place of women, African-Americans, immigrants and the poor was recast by new attitudes toward maintaining the social order through the patriarchal family, heterosexual regulation and the property system. Penitentiaries were designed to replace harsh British methods of corporal punishment with republican reform for those accused of property crimes, vagrancy, and public disorder. Reform was imposed through a system of work and submission to disciplinary authority. Within the walls of the prison, women approximated the model of domesticity and submission, while men faced the challenge of demonstrating manly responsibility within a system of denigration. Both men and women charged with crimes resisted the imposition of gender expectations and social hierarchies making their own claims to liberty. Manion not only looks at the gender dynamics but also how race and ethnicity shaped the experience of prisoners as potentially good citizens. By examining the social history of a failed penal system, Liberty’s Prisoners offers a window into the gender and race system of the new republic.

Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation.

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Lena Salaymeh, “Beginnings of Islamic Law: Late Antique Islamicate Legal Traditions” (Cambridge UP, 2016) Dec 02, 2016

Show notes

In her brilliant new book Beginnings of Islamic Law: Late Antique Islamicate Legal Traditions (Cambridge University Press, 2016), Lena Salaymeh, Associate Professor of Law at Tel Aviv University, presents a fascinating account of the historical unfolding of Islamic Law that combines dazzling textual analysis with cutting-edge theoretical interventions. Beginnings of Islamic Law makes a formidable and eminently convincing case for a carefully historicized approach to the study of Islamic law while arguing for the intimate entanglement of law and history. Another hallmark of this book is its focus putting Islamic Legal traditions in conversation with Jewish Law in singularly productive ways. Through a historically grounded and theoretically sophisticated comparison of Islamic and Jewish Law on specific questions of ethics and practice such as women initiated divorce, treatment of prisoners of war, and circumcision, this book highlights important and often surprising points of overlap and divergence. In our conversation we talked about the major themes, arguments, and possible misinterpretations of the book. Beginnings of Islamic Law will be of great interest to all students of Islam, Islamic Law, Jewish Law, Legal Studies, and the study of Religion more broadly. It should also make an excellent text for courses on these subjects.

SherAli Tareen is Assistant 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 at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome.

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Karen Tani, “States of Dependency: Welfare, Rights and American Governance, 1935-1972” (Cambridge UP, 2016) Nov 28, 2016

Show notes

What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies.

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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Vicki Lens, “Poor Justice: How the Poor Fare in Court” (Oxford UP, 2015) Nov 21, 2016

Show notes

It’s been said that for poor and low-income Americans, the law is all over. Join us for a conversation with Vicki Lens, who, in Poor Justice: How the Poor Fare in Court (Oxford University Press, 2015), shows us how vulnerable populations interact with the legal system. Prof. Lens will talk about fair hearings for welfare applicants, cases of child maltreatment and neglect, the ways in which the law protects and coerces people with mental illness, and the implications for homelessness on New York’s right to shelter.

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, 2017).

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Leon Wildes, “John Lennon vs The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History” (Ankerwycke, 2016) Nov 21, 2016

Show notes

Leon Wildes is the author of John Lennon vs The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History (Ankerwycke 2016). Wildes is an immigration attorney and the founder partner of Wildes & Weinberg.

As immigration issues dominate the discussion of President-Elect Donald Trump’s transition to power, Wildes takes us back to the dramatic deportation case of John Lennon. Part legal analysis, part legal history, John Lennon vs. The U.S.A. shows the way presidential politics played out in the case against Lennon. Wildes, Lennon’s lawyer in the case, retells the case for the first time in this interesting new book.

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Marc Steinberg, “England’s Great Transformation: Law, Labor, and the Industrial Revolution” (U. of Chicago Press, 2016) Nov 14, 2016

Show notes

Marc Steinberg is a professor of sociology at Smith College. His latest book, England’s Great Transformation: Law, Labor, and the Industrial Revolution (University of Chicago Press, 2016) is a response to Karl Polyani’s vision of an emerging modern labor market in The Great Transformation. Steinberg complicates our understanding of changing power relations by examining how workers were contracted to their employers. The book is centered around three case studies of employers using draconian master-servant laws to control the labor force. Historically rigorous and sociologically imaginative, Steinberg’s analysis does true justice to the stories of his subjects.

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Sally Engle Merry, “The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking” (U. of Chicago Press, 2016) Nov 07, 2016

Show notes

Quantification is not usually the first thing that comes to mind when hearing or reading about the United Nations High Commission on Human Rights (OHCHR). Yet in the 21st century, a wide range of policy and advocacy agendas begin with numbers. Those numbers become indicators, composites, standards, and measurement tools, which then get adopted in advocacy rhetoric or policy practice.

In The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking (University of Chicago Press, 2016), Sally Engle Merry combines ethnography, human rights, and science and technology studies to explore how people living in vulnerable situations across the globe are represented by the numbers designed to both name and support them. While numbers do not have agency, and cannot help or hurt on their own, Merry dedicates most of the book to untangling the politics and practice of developing standards and indicators, and interpreting the realities that come with “governance by numbers.” The genealogy of these indicators and standards are given as much space as their application, as Merry describes their highly political origins and a process of their subtle acceptance as normalover time.

With roots in colonial authority and population management, indicators have been developed and used for a range of purposes in governance: to manage people, resources, planning, dissent, and reputations among others. Merry explores indicators and indices from legal, anthropological, historical, and genealogical perspectives, describing a range of unexpected stewards from short-term United Nations consultants to U.S. State Department officials to computer algorithms. While the book focuses on the globalization of definitions, measurements, and management techniques, it simultaneously explores the widely varied phenomena of gender violence, human rights, and human trafficking. On a set of topics that have been broadly fetishized, the overlay of quantified assessments and accompanying responses to them raises many questions about voice, politics, and international policy-making among many other topics.

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Heather Ann Thompson, “Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy” (Pantheon, 2016) Nov 01, 2016

Show notes

In 1971, prisoners took over Attica Correctional Facility in upstate New York. The uprising followed a wave of protests in prisons and jails across the state and nation. Prisoners sought to draw public attention to years of mistreatment and abuse as they held prison employees hostage and invited the media into the facility. Four days after the takeover, state officials ended talks abruptly and retook the prison using massive force. Both prisoners and guards were killed and injured in the ensuing gunfire. In Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Pantheon, 2016), University of Michigan professor, Heather Ann Thompson, tells an untold story of this uprising and its legacy. After the retaking of the prison, state troopers and corrections officers violently retaliated against the prisoners, committing human rights violations for which the state of New York failed to prosecute any officials. Thompson’s book thoroughly documents the state’s decades-long cover-up of officials’ criminal violence during and after the uprising. Instead of substantially reforming prison conditions or thoroughly investigating crimes on all sides, they focused on prosecuting prisoners and publicly blaming all violence on them.

Blood in the Water is extremely relevant today. Criminal justice reform has become an urgent political issue in the 21st century. Prisons are overcrowded and as numerous scholars and politicians have noted, the current system of mass incarceration overwhelmingly targets black and brown men, ruining lives and causing upheaval in communities of color. Historians have recently been examining the roots of this modern system in an effort to understand both its origins and its present character. Thompson’s work provides key insights into the ways this system developed and how it protects and perpetuates state violence.

In this episode of New Books in History, Thompson discusses her new book. She tells listeners about the uprising and its aftermath. She also discusses the difficulty of completing this research, which speaks to the continued efforts of the state to keep the full narrative of events during the uprising from public view. Finally, she briefly speaks to the importance of the Attica uprising for understanding mass incarceration and the broader criminal justice system today. This acclaimed new book reveals important new information about the uprising and its aftermath that has previously been concealed from the public. It is a National Book Award finalist and has received significant praise. It has been written about or reviewed in the New York Times, The New Yorker, The New York Book Review, among other publications. Thompson has given Congressional staff briefings on the subject of mass incarceration in the United States and written about the topic in numerous popular and academic venues.

Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu.

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Suja A. Thomas, “The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries” (Cambridge UP, 2016) Oct 31, 2016

Show notes

Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory body. Thomas contends that this state of affairs harms all actors in the American system: the traditional three branches of government, judges, juries, citizens, and parties to civil and criminal lawsuits. She urges reforms that will enhance juries power to not only decide cases, but to check the power of prosecutors and legislatures.

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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