New Books in Law

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Mark S. Wagner, “Jews and Islamic Law in Early 20th-Century Yemen” (Indiana UP, 2015) Jun 20, 2015

Show notes

During the early twentieth century, Yemeni Jews operated within a legal structure that defined them as dhimmi, that is, non-Muslims living as a protected population under the sovereignty of an Islamic state. In exchange for the payment of a poll tax, the jizya, and the acknowledged of supremacy of Islam, their lives and property were to be inviolable. Although this framework burdened Jews with some legal disadvantages, for example a Muslim’s witness testimony was worth double that of a Jew’s in court, it allowed for the integration of Jews into Yemen’s complex hierarchical social structure, and not always at the bottom of that structure.

Mark S. Wagner’s book Jews and Islamic Law in Early 20th-Century Yemen (Indiana University Press, 2015) examines how Jews negotiated this Islamic legal system, both in shariah courts and in extralegal settings. Wagner employs numerous Arabic and Hebrew sources, particularly the memoirs of prominent Yemeni Jews such as Salim Said al-Jamal, Salih al-Zahiri, Salim Mansurah, and others, and the primary document collections they have preserved. Through their first-hand accounts, anecdotes, and archives, Wagner interrogates how the Yemeni Jewish elite understood its social and political position in Yemen. These men used their knowledge of Arabic and Islamic law, and their status as intermediaries between the state authorities and the Jewish community, to preserve their own positions and to benefit other members of the Jewish community. Wagner’s work deepens our understanding of Muslim-Jewish relations in Yemen and the place of non-Muslims in Islamic law in general.

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Nicholas R. Parrillo, “Against the Profit Motive: The Salary Revolution in American Government, 1780-1940” (Yale UP, 2013) Jun 02, 2015

Show notes

In this podcast I discuss Profit Motive: The Salary Revolution in American Government, 1780-1940 (Yale University Press, 2013) with author Nicholas R. Parrillo, professor of law at Yale University. Parrillo’s book was winner of the 2014 Law and Society Association James Willard Hurst Book Prize and the 2014 Annual Scholarship Award from the American Bar Association’s Section on Administrative Law. Per the book jacket, “in America today, a public official’s lawful income consists of a salary. But until a century ago, the law frequently provided for officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a percentage of each evasion uncovered. Naval officers took a reward for each ship sunk. Numerous other officers were likewise paid for ‘performance.’ This book is the first to document the American government’s for-profit past, to discover how profit-seeking defined officialdom’srelationship to the citizenry, and to explain how lawmakers–by ultimately banishing the profit motive in favor of the salary–transformed that relationship forever.” Parrillo’s intricate analysis adds nuance to the American story of government compensation and explains why government officials made money in ways that today would be deemed necessarily corrupt. Some of the topics we cover are: –The ways American lawmakers made the absence of a profit motive a defining feature of government –The two non-salary forms of payment for government officials that initially predominated in the US –How these two forms of payment tended to give rise to very different social relationships between officials and the people with whom they dealt –Why the flight to salaries was an admission of law’s weakness and failure

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Marion Holmes Katz, “Women in the Mosque: A History of Legal Thought and Social Practice” Columbia University Press, 2014 Jun 02, 2015

Show notes

Recently, there have been various debates within the Muslim community over women’s mosque attendance. While contemporary questions of modern society structure current conversations, this question, ‘may a Muslim woman go to the mosque,’ is not a new one. In Women in the Mosque: A History of Legal Thought and Social Practice (Columbia University Press, 2014), Marion Holmes Katz, Professor of Islamic Studies at New York University, traces the juristic debates around women’s mosque attendance. Katz outlines the various arguments, caveats, and positions of legal scholars in the major schools of law and demonstrates that despite some differing opinions there was generally a downward progression towards gendered exclusion in mosques. were engaged in at the mosque, the time of day, the permission of their husbands or guardians, attire, and the multitude of conditions that needed to be met. Later interpreters feared women’s presence in the mosque because they argued it stirred sexual temptation. Katz pairs these legal discourses with evidence of women’s social practice in the Middle East and North Africa from the earliest historical accounts through the Ottoman period. In our conversation we discuss types of mosque actdivities, Mamluk Cairo, women’s educational participation, the Aqsa Mosque in Jerusalem, the transmission of knowledge, European travelers accounts of Muslim women, night prayers, mosque construction, debates about the mosque in Mecca, and modern developments in legal discussions during the 20th century.

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Jon L. Mills, “Privacy in the New Media Age” (University Press of Florida, 2015) May 25, 2015

Show notes

That privacy in the digital age is an important concept to be discussed is axiomatic. Cameras in mobile phones make it easy to record events and post them on the web. Consumers post an enormous amount of information on social media sites. And much of this information is made publicly available. A common question, then, is what can people truly expect to be be private when so much information is accessible. In his new book Privacy in the New Media Age (University Press of Florida 2015), Jon L. Mills (University of Florida, Levin College of Law), discusses another issue related to privacy in the digital environment: the conflict between privacy and freedom of expression. In so doing, Mills examines how the law, particularly in the United States, is always chasing advances in technology, and discusses how countries in the European Union have attempted to tackle this matter. Throughout the book he discusses famous court cases that illustrate the issues with privacy and new media in an attempt to come to a resolution for the dispute.

Just listen.

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J. Bronsteen, C. Buccafusco, and J. S. Masur, “Happiness and the Law” (U Chicago Press, 2014) May 12, 2015

Show notes

In their new book Happiness and the Law (University of Chicago Press 2014), John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur argue through the use of hedonic psychological data that we should consider happiness when determining the best ways to effectuate law. In this podcast Buccafusco, Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology Chicago-Kent College, shares some of the following aspects of the book:

* How hedonic psychology measures human happiness and some of the things these studies have revealed

* The author’s new approach to evaluating laws called “well-being analysis”

* Ways the new data on happiness has revealed a need to rethink criminal punishment

* What the future holds for happiness research

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Kirt von Daacke, “Freedom Has a Face: Race, Identity, and Community in Jefferson’s Virginia” (UVA Press, 2012) Apr 16, 2015

Show notes

In this podcast I talk to Kirt von Daacke about his 2012 work, Freedom Has a Face:Race, Identity, and Community in Jefferson’s Virginia (University of Virginia Press, 2012). Professor von Daacke is Associate Professor of History and Assistant Dean in the College of Arts and Sciences at the University of Virginia. In this interview a few topics we discuss are:

* Sources and methods for piecing together a picture of life in Albemarle County and the use of legal documents as a window into a past society

* The relationship between law on the books and the actual behavior of the inhabitants of Albemarle County

* Free people of color’s experiences with the legal system

* The possibilities and the pitfalls awaiting unmarried women of color in the rural antebellum South

* Some implications of Freedom Has a Face for future work on African American history

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Leigh Ann Wheeler, “How Sex Became a Civil Liberty” (Oxford University Press, 2013) Apr 06, 2015

Show notes

Leigh Ann Wheeler is professor of history at Binghamton University. Her book How Sex Became a Civil Liberty (Oxford University Press, 2013), examines the role of the American Civil Liberties Union in establishing sexual rights as grounded in the U.S. constitution. Wheeler begins in the bohemian New York with the personal biographies of individuals who established the ACLU for the protection of anti-government speech. Early ACLU leaders displayed sexual proclivities and outlooks outside the mainstream. Beginning with obscenity laws that hampered the distribution of contraceptives and birth control information, the ACLU legally pursued sexual practice, expression, and the right to privacy as civil liberties. Presenting their own clients, building collisions with advocacy groups, providing legal briefs to decision makers, directing activism, and influencing public opinion, the ACLU brought about change in a wide array of laws that restrained and criminalized sexual behavior and expression. This was not a smooth process of advancement. The implications of class, race, and gender created conflicts, contradictions, and ironies in establishing the sexual rights of individuals against the contrary rights of others and communities to unwanted sex and sexual content. As blacks and women entered the ranks of the ACLU in the 1960s and 70s they brought new conflicts within the sexual rights agenda. Reproductive freedom, rape shield laws, homosexual rights, and the rights of profit-seeking pornographers are some of the many issues of ACLU advocacy. While seeking to build a privacy wall around sexual expression and practice, sexual rights advocacy contributed to the current cultural saturation with sexual images and messages blurring the lines between public and private. Wheeler has provided a thoroughly researched, complex, and compelling history of how issues surrounding sexuality became recognized as civil liberties guaranteed by the constitution.

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Robert P. Burns, “Kafka’s Law: ‘The Trial’ and American Criminal Justice” (U of Chicago Press, 2014) Mar 13, 2015

Show notes

Professor Robert P. Burns of Northwestern University School of Law offers an insightful critique of the modern American criminal justice system in his new work Kafka’s Law: ‘The Trial’ and American Criminal Justice (University of Chicago Press 2014). This interview explores the characteristics of Kafka’s “Law” and exposes where and how these characteristics exist within the American criminal justice system.

Burns leads us through the absurd regime The Trial‘s protagonist must navigate after he finds himself accused of an unknown crime. Kafka’s dystopian law is unknowable, ubiquitous, overly bureaucratic and yet overly informal. In the story’s world the law functions like God and guilt is inevitable. These legal characteristics may appear to be part of an absurd dystopian fantasy world derived from the same wild imagination that produced a story in which a man metamorphoses into a bug. However, we learn in the second half of the interview that the dystopian themes in The Trial capture a present-day reality for many who are accused of crimes in America.

Burns’s work exposing Kafkaesque aspects of our legal system and his search to find the most effective means of remedying these situations is vastly important to the societal goal of narrowing the gap between justice and law.

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Seana Shiffrin, “Speech Matters: On Lying, Morality, and the Law” (Princeton UP, 2014) Mar 02, 2015

Show notes

It is generally accepted that lying is morally prohibited. But theorists divide over the nature of lying’s wrongness, and thus there is disagreement over when the prohibition might be outweighed by competing moral norms.There is also widespread agreement over the idea that promises made under conditions of coercion or duress lack the moral force to create obligations. Finally, although free speech is widely seen as a primary value and right, there is an ongoing debate over the kind of good that free speech is. In Speech Matters: On Lying, Morality, and the Law (Princeton University Press, 2014), Seana Shiffrin ties these issues together, advancing a powerful argument regarding the central role that sincerity and truthfulness play in our individual and collective moral lives.

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J. Douglas Smith, “On Democracy’s Doorstep” (Hill and Wang, 2014) Feb 20, 2015

Show notes

This year we celebrate the fiftieth anniversary of the Voting Rights Act, a legal revolution with far-reaching cultural, political, and economic import. But as J. Douglas Smith argues in On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States (Hill and Wang, 2014),the early 1960s witnessed a comparable sea change in voting law that deserves far more attention. Indeed, when journalists asked Earl Warren what he regarded as the Supreme Court’s most important accomplishment under his tenure, the Chief Justice — who oversaw a series of landmark cases, from Brown to Miranda –– did not hesitate to answer: Baker v. Carr and Reynolds v. Sims. Few Americans today could identify and explain what these rulings did. But as Smith explains, they represented a dramatic break with a long-reigning electoral system that now feels almost unimaginable.

America is exceptional among modern democracies for elevating the idea of unequal representation to a theory of”checks and balances;” the Senate being the most obvious example (California, with more people than the twenty-one least-populous states combined, has as tiny a fraction of the power in Congress). Yet the situation was far worse before the Court’s forgotten revolution, with state legislatures across the country effectively disfranchising voters on a mass scale. Los Angeles County, with more than 6 million residents in 1960, had just one state senator. Three nearby counties, with less than 15,000 voters, each had the same.

Many have argued that these facts have been inconsequential to U.S. political history, a very counterintuitive notion if so. But the early twentieth century politicians who relied on the inflation of rural and small-town districts — some of whom numbered among the most powerful arbiters of legislation and debate in Washington — certainly did not share this view. In reaction to the Court’s decisions, Everett Dirksen, the Republican Minority Leader in the legendary 89th Congress, hired the consulting firm Whitaker and Baxter, widely thought to have pioneered modern campaigning, to repeal or roll back the rulings. Dozens of states lined up, with enormous funding from the nation’s biggest corporations. The group even considered a Constitutional Convention, what would have been the first since 1789. Those efforts failed. But in the wake of this half-realized democratization, legislatures underwent dramatic political change. Notably, they also turned to gerrymandering and increasing reliance on the filibuster.

Dubbed by the Washington Post one of the notable works of the year, Smith’s book is well worth your read.

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