New Books in Law

Latest Episodes:

Marion Gibson, "Witchcraft: A History in Thirteen Trials" (Scribner, 2023) Oct 31, 2023

Show notes

Witchfinder General, Salem, Malleus Maleficarum. The world of witch-hunts and witch trials sounds archaic and fanciful, these terms relics of an unenlightened, brutal age. However, we often hear ‘witch-hunt’ in today’s media, and the misogyny that shaped witch trials is all too familiar. Three women were prosecuted under a version of the 1735 Witchcraft Act as recently as 2018.

In Witchcraft: A History in Thirteen Trials(Simon & Schuster, 2023), Professor Marion Gibson uses thirteen significant trials to tell the global history of witchcraft and witch-hunts. As well as exploring the origins of witch-hunts through some of the most famous trials from the Middle Ages to the eighteenth century, it takes us in new and surprising directions. It shows us how witchcraft was reimagined by lawyers and radical historians in France, how suspicions of sorcery led to murder in Jazz Age Pennsylvania, the effects of colonialism and Christian missionary zeal on ‘witches’ in Africa, and how even today a witch trial can come in many guises.

Professor Gibson also tells the stories of the ‘witches’ – mostly women like Helena Scheuberin, Anny Sampson and Joan Wright, whose stories have too often been overshadowed by those of the powerful men, such as King James I and ‘Witchfinder General’ Matthew Hopkins, who hounded them.

Once a tool invented by demonologists to hurt and silence their enemies, witch trials have been twisted and transformed over the course of history and the lines between witch and witch-hunter blurred. For the fortunate, a witch-hunt is just a metaphor, but, as this book makes clear, witches are truly still on trial.

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

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Nicole Nguyen, "Terrorism on Trial: Political Violence and Abolitionist Futures" (U Minnesota Press, 2023) Oct 27, 2023

Show notes

Rather than functioning as a final arbiter of justice, U.S. domestic courts are increasingly seen as counterterrorism tools that can incapacitate terrorists, maintain national security operations domestically, and produce certain narratives of conflict. Terrorism on Trial: Political Violence and Abolitionist Futures (University of Minnesota Press, 2023) by Dr. Nicole Nguyen examines the contemporary role that these courts play in the global war on terror and their use as a weapon of war: hunting, criminalising, and punishing entire communities in the name of national security.

Dr. Nguyen advocates for a rethinking of popular understandings of political violence and its root causes, encouraging readers to consider anti-imperial abolitionist alternatives to the criminalization, prosecution, and incarceration of individuals marked as real or perceived terrorists. She exposes how dominant academic discourses, geographical imaginations, and social processes have shaped terrorism prosecutions, as well as how our fundamental misunderstanding of terrorism has led to punitive responses that do little to address the true sources of violence, such as military interventions, colonial occupations, and tyrannical regimes. Nguyen also explores how these criminal proceedings bear on the lives of defendants and families, seeking to understand how legal processes unevenly criminalise and disempower communities of colour.

A retheorization of terrorism as political violence, Terrorism on Trial invites readers to carefully consider the role of power and politics in the making of armed resistance, addressing the root causes of political violence, with a goal of building toward a less violent and more liberatory world.

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Youcef L. Soufi, "The Rise of Critical Islam: 10th-13th Century Legal Debate" (Oxford UP, 2023) Oct 27, 2023

Show notes

Youcef Sufi's book The Rise of Critical Islam: 10th-13th Century Legal Debate (Oxford University Press, 2023) is a fascinating and engaging exploration of the history of critique in Islamic legal and intellectual history. It does this specifically through a case study of dispensations and disputations, known as munāẓarāt in Arabic. Dispensations were a practice of debates that were an important feature of a jurist's practice and an opportunity for him to showcase his juristic skills – for instance, they were sometimes tasked with having to defend a position that they disagreed with or that contradicted the opinion of the school they followed and represented. Ultimately, these dispensations serve as an excellent case study of the tremendous diversity of thought and the celebration of difference of opinion in Islamic history and Islamic law; they also show that for Muslim jurists, engaging in these debate was an act of piety, as a part of their personal and intellectual quest to discover God's law.

In our conversation, we discuss the origins of the book, some of its main points and arguments, a detailed description of these dispensations (such as who participated in them, who was excluded from them, how the debate topic was chosen), the shifts and developments they undergo with time, and the role of ijtihad (or independent reasoning or re-interpretations of Islamic law) and taqlid (or sticking to the past scholarly positions) in these debates. We also discuss specific themes such as child or forced marriage, women’s right to divorce, which are perceived to have been settled matters but it turns out, not quite! And finally, Sufi explains why and how these disputations came to an end and what jurists participating in them may have imagined the role of later generations to be in the process of Islamic law-making.

Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She can be reached at haqqani_s@mercer.edu.

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Greg Glasgow and Kathryn Mayer, "Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was" (Rowman & Littlefield, 2023) Oct 25, 2023

Show notes

A fascinating look at Walt Disney's last, unfinished project and the controversy that surrounded it. It was going to be Disneyland at the top of a mountain. A vacation destination where guests could ski, go ice skating, or be entertained by a Disney Imagineer-created band of Audio-Animatronic bears. In the summer, visitors could fish, camp, hike, or take a scenic chairlift ride to the top of a mountain. It was the Mineral King resort in Southern California, and it was Walt Disney's final passion project. But there was one major obstacle to Walt's dream: the growing environmentalist movement of the 1960s.

In Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was (Rowman & Littlefield, 2023), Greg Glasgow and Kathryn Mayer provide an unprecedented look inside the Mineral King saga, from its origins at the 1960 Winter Olympics to the years-long environmental fight that eventually shut the development down. The fight, which went all the way to the Supreme Court, reshaped the environmental movement and helped to put in place long-reaching laws to protect nature. Although the court battle, coupled with Walt's death in 1966, meant the end for the Mineral King resort, the ideas and planning behind it have permeated throughout the Walt Disney company and the ski tourism industry in ways that are still seen today. With firsthand interviews and behind-the-scenes details, Disneyland on the Mountain offers incredible access to a part of Disney history that hasn't been thoroughly explored before, including Walt's love of nature, how the company changed after Walt's death, and of course, the story of Mineral King. It's a tale of man versus nature, ambition versus mortality, and how a gang of scrappy environmentalists took on one of America's most beloved companies.

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Jeff Kosseff, "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation" (Johns Hopkins UP, 2023) Oct 24, 2023

Show notes

Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.

When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when should the US government protect the free speech of liars?

In Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation(Johns Hopkins UP, 2023), law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and the January 6, 2021, insurrection on the Capitol building, Kosseff argues that even though lies can inflict huge damage, US law should continue to protect them. Liar in a Crowded Theater explores both the history of protected falsehoods and where to go from here.

Drawing on years of research and thousands of pages of court documents in dozens of cases―from Alexander Hamilton's enduring defense of free speech to Eminem's victory in a lawsuit claiming that he stretched the truth in a 1999 song―Kosseff illustrates not only why courts are reluctant to be the arbiters of truth but also why they're uniquely unsuited to that role. Rather than resorting to regulating speech and fining or jailing speakers, he proposes solutions that focus on minimizing the harms of misinformation. If we want to seriously address concerns about misinformation and other false speech, we must finally exit the crowded theater.

Jeff Kosseff is an associate professor of cybersecurity law at the United States Naval Academy.

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Aaron Tang, "Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It" (Yale UP, 2023) Oct 23, 2023

Show notes

The American public’s confidence in the United States Supreme Court is a historic low – in part based on a belief that the Supreme Court is increasingly behaving as a partisan, political body.

In Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023), legal scholar Aaron Tang argues that partisanship is not the best lens for understanding the Supreme Court. He focuses on overconfidence. According to Professor Tang, the legal arguments of both conservative and liberal justices have a tone of uncompromising certainty. As the Court “lurches stridently from one case to the next,” it delegitimizes opposing views and undermines public confidence in the Court itself.

Restoring the Court’s public legitimacy requires the justices to adopt what Professor Tang calls a “least harm rule.” Examining a range of cases – from LGBTQ rights to immigration to juvenile justice – Tang demonstrates how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide the US. But this is not work exclusively for the justices. Reform depends on the voters. They must elect representatives who pass legislation that clarifies the public will for the Supreme Court – and consider ways that they can use “private ordering” to assert their rights without the Court.

Professor Aaron Tang (he/him) is a law professor at the University of California, Davis, and a former law clerk to Supreme Court Justice Sonia Sotomayor. He is a frequent commentator about the Supreme Court whose op-eds appear in the New York Times, Los Angeles Times, Washington Post, Slate, The Atlantic, and elsewhere.

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

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Campbell F. Scribner, "A Is for Arson: A History of Vandalism in American Education" (Cornell UP, 2023) Oct 22, 2023

Show notes

In A Is for Arson: A History of Vandalism in American Education (Cornell UP, 2023), Campbell F. Scribner sifts through two centuries of debris to uncover the conditions that have prompted school vandalism and to explain why attempts at prevention have inevitably failed. Vandalism costs taxpayers hundreds of millions of dollars every year, as students, parents, and even teachers wreak havoc on school buildings. Why do they do it? Can anything stop them? Who should pay for the damage? Underlying these questions are long-standing tensions between freedom and authority, and between wantonness and reason. Property destruction is not simply a moral failing, to be addressed with harsher punishments, nor can the problem be solved through more restrictive architecture or policing.

Scribner argues that education itself is a source of intractable struggle, and that vandalism is often the result of an unruly humanity. To understand schooling in the United States, one must first confront the all-too-human emotions that have led to fires, broken windows, and graffiti. A Is for Arson captures those emotions through new historical evidence and diverse theoretical perspectives, helping readers understand vandalism variously as a form of political conflict, as self-education, and as sheer chaos. By analyzing physical artifacts as well as archival sources, Scribner offers new perspectives on children's misbehavior and adults' reactions and allows readers to see the complexities of education—the built environment of teaching and learning, evolving approaches to youth psychology and student discipline—through the eyes of its often resistant subjects.

Cambell F. Scribner is a scholar of educational policy, history, and philosophy at the University of Maryland.

Max Jacobs is a PhD student in education at Rutgers University. He currently sits on the Graduate Student Council for the History of Education Society.

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Matthew Guariglia, "Police and the Empire City: Race and the Origins of Modern Policing in New York" (Duke UP, 2023) Oct 21, 2023

Show notes

During the years between the Civil War and World War II, police in New York City struggled with how to control a diverse metropolis. In Police and the Empire City: Race and the Origins of Modern Policing in New York(Duke UP, 2023), Matthew Guariglia tells the history of the New York Police Department to show how its origins were built upon and inseparably entwined with the history of race, ethnicity, and whiteness in the United States.

Guariglia explores the New York City Police Department through its periods of experimentation and violence as police experts imported tactics from the US occupation of the Philippines and Cuba, devised modern bureaucratic techniques to better suppress Black communities, and infiltrated supposedly unknowable immigrant neighborhoods. Innovations ranging from recruiting Chinese, Italian, and German police to form “ethnic squads” to the use of deportation and federal immigration restrictions to control local crime—even the introduction of fingerprinting—were motivated by attempts to govern a multiracial city. Campaigns to remake the police department created an urban landscape where power, gender, sexuality, race, ethnicity, crime, and bodies collided and provided a foundation for the supposedly color-blind, technocratic, federally backed, and surveillance-based policing of today.

Jeffrey Lamson is a PhD student in world history at Northeastern University. His research focuses on the history of police technology, its relationship to the history of police reform, and its place at the intersection of U.S. domestic policing and global counterinsurgency.

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Alexandre Baril, "Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide" (Temple UP, 2023) Oct 20, 2023

Show notes

Note: This episode contains a discussion of suicide. A list of resources is available below.

In Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide (Temple UP, 2023), Alexandre Baril argues that suicidal people are oppressed by what he calls structural suicidism, a hidden oppression that, until now, has been unnamed and under-theorized. Each year, suicidism and its preventionist script and strategies reproduce violence and cause additional harm and death among suicidal people through forms of criminalization, incarceration, discrimination, stigmatization, and pathologization. This is particularly true for marginalized groups experiencing multiple oppressions, including queer, trans, disabled, or Mad people.

Undoing Suicidism questions the belief that the best way to help suicidal people is through the logic of prevention. Alexandre Baril presents the thought-provoking argument that supporting assisted suicide for suicidal people could better prevent unnecessary deaths. Offering a new queercrip model of (assisted) suicide, he invites us to imagine what could happen if we started thinking about (assisted) suicide from an anti-suicidist and intersectional framework. Baril provides a radical reconceptualization of (assisted) suicide and invaluable reflections for academics, activists, practitioners, and policymakers.

An open access edition of Undoing Suicidism, made available by the Faculty of Social Sciences at the University of Ottawa, is available here.

Alexandre Baril (abaril@uOttawa.ca) is Associate Professor at the University of Ottawa. His work is situated at the crossroads of gender, queer, trans, disability/crip/Mad studies, critical gerontology and critical suicidology. His commitment to equity has earned him awards for his involvement in queer, trans and disabled communities, including the Canadian Disability Studies Association Tanis Doe Francophone Award, and the Equity, Diversity and Inclusion President’s Award at the University of Ottawa. A prolific author who won the Young Researcher Award from the Faculty of Social Sciences at the University of Ottawa (2023), he has given over 200 presentations at the international level and has over 80 publications.

Resources:

SAFE HOTLINES and ONLINE SUPPORT GROUPS:

Trans LifeLine (trans/non-binary): 1-877-330-6366 (Canada) and 1-877-565-8860 (USA)
Autisme Soutien: Online support for autistic people (French Canada)
BlackLine (BIPOC): 1-800-604-5841 (USA)

REGULAR HOTLINES (might trace your call and contact emergency services):

Talk Suicide Canada: 1-833-456-4566
Suicide.ca (Québec): 1-866-APPELLE
The Hope for Wellness Helpline (Indigenous people in Canada): 1-855-242-3310
The Samaritains (USA): 1-212-673-3000

A full transcript of the interview is available for accessibility.

Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast.

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The Future of Incarceration: A Discussion with Colleen P. Eren Oct 18, 2023

Show notes

The United States has long been associated with a very harsh criminal justice system with, in some cases, people serving long sentence for minor crimes. But attempts to reform the system have proven very difficult. In her new book Reform Nation: The First Step Act and the Movement to End Mass Incarceration (Stanford UP, 2023), Colleen P. Eren explains why. Listen to her in conversation with Owen Bennett Jones.

Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press.

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