New Books in Law

Latest Episodes:

Ian Saxine, "Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier" (NYU Press, 2019) Feb 16, 2024

Show notes

In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields.

Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today.

Ryan Tripp is adjunct history faculty for the College of Online and Continuing Education at Southern New Hampshire University.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Richard L. Hasen, "A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy" (Princeton UP, 2024) Feb 15, 2024

Show notes

Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all.

Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election.

The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy(Princeton UP, 2024) explains what's in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ryan Manucha, "Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade" (McGill-Queen's UP, 2022) Feb 14, 2024

Show notes

Today I talked to Ryan Manucha about his new book Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade (McGill-Queen's UP, 2022).

In 2012, after Gerard Comeau had driven to Quebec to purchase cheaper beer and crossed back into New Brunswick, police officers tailed and detained him, confiscated his haul, and levied a fine. With Comeau's story as his starting point, Ryan Manucha tells the fascinating tale of Canadian interprovincial trade. Interprovincial trade barriers and other frictions bring much-needed revenue into the coffers of provincial governments, which then can direct these funds toward various social services, but hinder the mobility of professionals, account for the different building codes imposed by Canadian provinces, and generally increase the price tag for Canadian consumers. In a candid interview, Ryan explains his interest in this topic, the backbone of his book's argument, and his efforts to make change workable.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Marisol LeBrón, "Policing Life and Death: Race, Violence, and Resistance in Puerto Rico" (U California Press, 2019) Feb 14, 2024

Show notes

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today.

LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus.

Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Laura Flannigan, "Royal Justice and the Making of the Tudor Commonwealth, 1485–1547" (Cambridge UP, 2023) Feb 13, 2024

Show notes

The dawn of the Tudor regime is one of most recognisable periods of English history. Yet the focus on its monarchs' private lives and ministers' constitutional reforms creates the impression that this age's major developments were isolated to halls of power, far removed from the wider populace.

Royal Justice and the Making of the Tudor Commonwealth, 1485–1547 (Cambridge University Press, 2023) by Dr. Laura Flannigan presents a more holistic vision of politics and society in late mediaeval and early modern England. Delving into the rich but little-studied archive of the royal Court of Requests, it reconstructs collaborations between sovereigns and subjects on the formulation of an important governmental ideal: justice. Examining the institutional and social dimensions of this point of contact, this study places ordinary people, their knowledge and demands at the heart of a judicial revolution unfolding within the governments of Henry VII and Henry VIII. Yet it also demonstrates that directing extraordinary royal justice into ordinary procedures created as many problems as it solved.

This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jeanne Theoharis, "The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South" (NYU Press, 2019) Feb 12, 2024

Show notes

In this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019).

The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class.

“There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College.

In the podcast, Theoharis shows how African-Americans have faced discrimination in everything from pre-Civil War legal codes in New York, to 20th-century government programs like Social Security and the G.I. bill. She and Harpaz also discuss the ways in which the legacy of these racist policies persist today in public education, the criminal justice system, and other aspects of American society.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

James L. Gibson and Michael J. Nelson, "Judging Inequality: State Supreme Courts and the Inequality Crisis" (Russell Sage, 2021) Feb 12, 2024

Show notes

Soaring levels of political, legal, economic, and social inequality have been documented by social scientists – but the public conversation and scholarship on inequality has not examined the role of state law and state courts in establishing policies that significantly affect inequality. Political scientists James L. Gibson and Michael J. Nelson analyze their original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century to demonstrate how state high courts craft policy. The fifty state supreme courts shape American inequality in two ways: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as "upperdogs").

The book focuses on court-made public policy on issues including educational equity and adequacy, LGBTQ+ rights, and worker's rights. The conventional wisdom assumes that courts protect underdogs from majorities but Gibson and Nelson demonstrate that judges most often favor dominant political elites and coalitions. As such, courts are unlikely to serve as an independent force against the rise of inequality in the United States.

James Gibson is the Sidney W. Souers Professor of Government at Washington University in Saint Louis. His research interests are in Law and Politics, Comparative Politics, and American Politics.

Michael Nelson is a Professor of Political Science at Penn State University. He studies judicial politics and U.S. state politics, especially public attitudes toward law and courts, judicial behavior, and the politics of court reform. Michael was a guest on the New Books Network for the The Elevator Effect, a book he co-wrote with Morgan Hazelton and Rachael K. Hinkle in 2023.

In the podcast, we mention Dr. Gibson’s brand new article regarding the Dobbs abortion case: “Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory” from the American Journal of Political Science.

Daniela Lavergne served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kerstin Bree Carlson, "The Justice Laboratory: International Law in Africa" (Brookings Institution Press, 2022) Feb 09, 2024

Show notes

Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties.

The Justice Laboratory: International Law in Africa (Brookings Institution, 2022) by Dr. Kristin Bree Carlson reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Calvin John Smiley, "Purgatory Citizenship: Reentry, Race, and Abolition" (U California Press, 2023) Feb 07, 2024

Show notes

In Purgatory Citizenship: Reentry, Race, and Abolition (University of California Press, 2023), Calvin John Smiley explores the lives of people who were formerly incarcerated and the many daunting challenges they face. Those being released from prison must navigate the reentry process with diminished legal rights and amplified social stigmas, in a journey that is often confusing, complex, and precarious.

Calvin John Smiley is an Associate Professor of Sociology at Hunter College, City University of New York.

Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jessica Hinchy, "Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900" (Cambridge UP, 2019) Feb 05, 2024

Show notes

Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely.

Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality and colonialism in India. In addition to studying the history of the transgender Hijra community under British colonial rule, Dr. Hinchy has also explored problems related to slavery, masculinity, and indirect colonial rule in India through several publications on Khwajasarai eunuch-slaves. She has also investigated the history of childhood, in particular in relation to sexuality and slavery.

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our TOPPODCAST Picks

Follow Us

Stay Connected

Related Podcasts

Links

Stay Connected