New Books in Law

Latest Episodes:

Joseph M. Gabriel, “Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry” (U Chicago Press, 2013) Feb 19, 2015

Show notes

Commercial interests are often understood as impinging upon the ethical norms of medicine. In his new book, Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry (University of Chicago Press, 2013), Joe Gabriel shows how the modernization of American medicine was bound up in the ownership, manufacture, and marketing of drugs. Gabriel unearths the early history of intellectual property concerns as they entered the domain of medical practice itself. Through his careful marshaling of evidence, he takes readers back to a time when the norms and legal structures of commercial capitalism in the U.S. were just as much at issue as those of the professionalization of medicine. This fascinating book serves as a pointed reminder that the sources of therapeutic rationale are just as much tied to the production and regulation of therapies as the collective decision-making on ethical practice. Along with my previous interview with Jeremy Greene, this discussion will hopefully make accessible a broad perspective on the development of medicine in the 20th century by focusing on its ties to industry.

Medical Monopoly charts the history of property rights over medicines at the dawn of the 19th century through World War I. The important broader transition here is that while before the Civil War–at least in medicine–patents were seen as tantamount to granting problematic monopoly, by the end of the 19th century they were understood as the best available regulatory mechanism for preventing more problematic imitation. Whereas patent medicines had previously been linked to quackery, the emergence and rapid expansion of the “ethical” pharmaceutical industry after the Civil War was due to its adherents advocating for more effective regulation of commerce within medicine. Rather than reverting to secrecy, firms began to circulate and publish information on new remedies and the results of studies to physicians. As the explosion of new medicines remained at pace with the boom of consumer goods in the late 19th century, patenting and corporate investment in monopolistic practices became understood as a mechanism to advance the public good. The expansion of laboratory science and norms of chemical manufacturing in the 20th century only bolstered this union further.Medical Monopoly is a fascinating and important read that people interested in medical policy should pay attention to.

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Emilie Cloatre, “Pills for the Poorest: An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa” (Palgrave, 2013) Feb 09, 2015

Show notes

Emilie Cloatre‘s award-winning book, Pills for the Poorest:An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Palgrave, 2013), locates the effects–and ineffectualness–of a landmark international agreement for healthcare: the World Trade Organization’s “Trade-related Aspects of Intellectual Property Rights.” Cloatre takes seriously the idea of TRIPS as a technology in Bruno Latour’s meaning of the word–as a material object that anticipates effects in specific settings. Cloatre follows the text from its consolidation in European meeting halls to its use in the former French and British colonies of Ghana and Djibouti. Pills for the Poorest is a significant ethnography of law and healthcare in Africa that shows precisely how this paper tool begat new buildings, relationships, experts, and, indeed, pills, but only in particular places, among certain people, and for particular kinds of pharmaceuticals. Cloatre is a broadly trained scholar and talented researcher who shows the power of Actor Network Theory as an analytic device, and yet does so with a spirit of critique in the best sense: that is, as an act of sympathetic, yet persistent, questioning. As a text itself, the book has potential to reshape the thinking of readers from a wide range of fields, from law, science studies, healthcare policy, and beyond.

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Susan Byrne, “Law and History in Cervantes’ Don Quixote” (University of Toronto Press, 2013) Jan 29, 2015

Show notes

Please listen to the fascinating conversation I had with Susan Byrne, Associate Professor of Spanish and Director of Undergraduate Studies for Spanish at Yale University, about her new work, Law and History in Cervantes’ Don Quixote (University of Toronto Press, 2013). Byrne leads us through a close reading of Cervantes’ most famous work, revealing an overwhelming amount of legal details, all of which tie into early modern Spanish debates.

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Jan Lemnitzer, “Power, Law and the End of Privateering” (Palgrave, 2014) Jan 22, 2015

Show notes

Jan Lemnitzer‘s new book Power, Law and the End of Privateering (Palgrave, 2014) offers an exciting new take on the relationship between law and power, exposing the delicate balance between great powers and small states that is necessary to create and enforce norms across the globe. The 1856 Declaration of Paris marks the precise moment when international law became universal, and is the template for creating new norms until today. Moreover, the treaty was an aggressive and successful British move to end privateering forever – then the United States’ main weapon in case of war with Britain. Based on previously untapped archival sources, Jan Lemnitzer shows why Britain granted generous neutral rights in the Crimean War, how the Europeans forced the United States to respect international law during the American Civil War, and why Bismarck threatened violent redemption during the Franco-German War of 1870/71. The powerful conclusion exposes the 19th century roots of our present international system, and why it is as fragile as before the First World War. A sample chapter of the book can be found on the publishers website here.

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Kenneth Prewitt, “What Is Your Race?: The Census and Our Flawed Efforts to Classify Americans” (Princeton University Press 2013) Jan 13, 2015

Show notes

The US Census has been an important American institution for over 220 years. Since 1790, the US population has been counted and compiled, important figures when tabulating representation and electoral votes. The Census has also captured the racial make-up of the US and has become a powerful public policy tool with both data and clout, affecting a range of policies from segregation to affirmative action. In What Is Your Race?: The Census and Our Flawed Efforts to Classify Americans (Princeton University Press 2013), Dr. Kenneth Prewitt provides a broad historical and political overview of the racial counting component of the Census, from its inception to its future. Prewitt, Carnegie Professor of Public Affairs at Columbia University, was formerly the Director the US Census Bureau, and his first-hand experience strengthens the narrative throughout the book.

Prewitt’s book follows the historical ebbs and flows of the Census and race politics in the US, which are unequivocally linked. From the early era of counting the slave population, to later integrating the new immigrant whites–such as Southern European Catholics and East European Jews–with the larger White Anglo-Saxon Protestant majority, and calumniating with race identity politics reflected in the Census discourse today, What Is Your Race? is a fascinating and thorough account of an American institution that has had a powerful influence on policy and society. Specifically, the racial categories, called statistical races in the book, used in the Census have been etched into the American psyche, and the results have sometimes been quite devises. Why should the Census count Hispanics in their own category and not Middle Eastern Americans? Prewitt faced these kinds of tough questions while running the Census and now grapples with them in this book. His final recommendation to ease tensions created from the simplistic statistical race measurement currently used by the Census is to incrementally move away form these categories and to move towards counting national origin, providing much more statistical granularity. You will have to read the book for the full policy prescription, which is fully mapped out for the next century.

Dr. Prewitt joins New Books in Education for the interview. For questions or comments on the podcast, you can also find the host on Twitter at @PoliticsAndEd.

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Jothie Rajah, “Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore” (Cambridge UP, 2012) Dec 15, 2014

Show notes

In Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore (Cambridge University Press, 2012), Jothie Rajah tells a compelling story of the rule of law as discourse and praxis serving illiberal ends. Through a series of case studies on legislation criminalizing vandalism and regulating the print media, legal profession, and religion in Singapore, Rajah raises critical questions about the meaning and place of law in a postcolony that celebrates colonialism as a cause of its modernity, prosperity and plurality.

Terrence Halliday describes Rajah’s work as “theoretically innovative, empirically compelling, and gracefully written”, adding that it “has far-reaching consequences for national leaders who seek ‘third ways’ in which economic development is partitioned from political liberalism”. As Halliday suggests, the contents of Authoritarian Rule of Law transcend the confines of the small city-state with which it is primarily concerned, and go to global debates about legislation, discourse and legitimacy, as well as to the inherent tensions in the rule-of-law ideal itself.

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John V. Orth, “Self-Defense” (The Green Bag, 2010) Nov 24, 2014

Show notes

Today I had the pleasure of interviewing my legal history professor at Carolina Law, John V. Orth about his short story Self-Defense (14 Green Bag 2D Autumn 2010). Orth, who is well known for his more traditional legal scholarship, has made a powerful venture into fiction. The story, which begins by describing an ordinary daily dog-walk, leads its reader into deep ponderings about the state of American law and society.

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Melvin Ely, “Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War” (Vintage Books, 2004) Oct 21, 2014

Show notes

In Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War (Vintage Books, 2004), Melvin Ely uses a trove of documents primarily found in the county court records of Prince Edward County, Virginia to unravel a rich story about the free blacks who inhabited “the gentle slope of Israel Hill.” The story begins in 1796 when Richard Randolph, a prominent Virginian and cousin to Thomas Jefferson, left a will full of fiery abolitionist sentiment that emancipated his slaves and parceled 350 acres of his land among them. Ely explores the lives of the freed people who used this land to cultivate small farms and launch successful entrepreneurial ventures.

Israel on the Appomattox demonstrates that historians can gain a deep understanding of a society using legal documents as their window into the past. Ely’s research exposes the little known fact that Afro-Virginians could file (and often successfully filed) civil suits, despite not being allowed to testify in criminal courts. While not a perfect check on abuse, Ely explains that civil suits were an inroad free blacks could make against an unjust system. Through Ely’s exploration of the quotidian behavior of Prince Edward’s inhabitants, much is revealed about the relationship between politics, law, and actual behavior in societies past or present.

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Kara W. Swanson, “Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America” (Harvard UP, 2014) Oct 20, 2014

Show notes

How did we come to think of spaces for the storage and circulation of body parts as “banks,” and what are the consequences of that history for the way we think about human bodies as property today? Kara W. Swanson‘s wonderful new book traces the history of body banks in America from the nineteenth century to today, focusing especially on milk, blood, and sperm. Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America (Harvard University Press, 2014) takes readers into early twentieth-century America, when doctors first turned to human bodies and their parts as sources of material to help cure their most desperate cases. As these doctors developed an expertise in harvesting body products and sought reliable and cooperative supplies thereof, human milk and blood were first transformed into commodities. Swanson’s story introduces some of the most crucial actors in this history, including wet nurses, professional blood donors, Red Cross volunteer “Grey Ladies,” doctors, blood bank managers, mothers who ran milk banks, sperm donors, and many, many others. The story is deeply satisfying on many levels: as a window into particular human lives, as a conceptual history with material consequences, and as a set of case studies that illuminates and informs today’s legal and medical landscapes. This is a book that should be on the shelves and in the hands of anyone interested in legal history, medical history, modern notions of “property,” and the ways that the past had shaped what happens to our bodies in the present and what might happen to them in the future.

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Lynette J. Chua, “Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State” (Temple UP, 2014) Oct 15, 2014

Show notes

Singapore has a well-deserved reputation as a state that stifles dissent and polices activism. But as Lynette Chua shows in Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (National University of Singapore Press, 2014), repressive government nowhere goes unchallenged, even if the forms that resistance takes are not manifest. Turning away from social movement theory that tends to valorize public protest and other forms of highly visible contentious politics, Chua tells another story: a story of contingent, incremental gains through strategic adaptation; a story of “pragmatic resistance” to authoritarianism.

Mobilizing Gay Singapore is a highly readable and finely researched account of how a contemporary political movement has emerged and grown in a small Asian state, yet it is a book with a bigger story to tell about the beginnings and progress of social movements in difficult circumstances.

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