New Books in Law

Latest Episodes:

Valentina Capurri, "Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities" (U Toronto Press, 2020) Sep 20, 2023

Show notes

Valentina Capurri's book Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities(U Toronto Press, 2020) investigates the development of Canadian immigration policy with respect to persons with a disease or disability throughout the twentieth century. With an emphasis on social history, this book examines the way the state operates through legislation to achieve its goals of self-preservation even when such legislation contradicts state commitments to equality rights.

Looking at the ways federal politicians, mainstream media, and the judicial system have perceived persons with disabilities, specifically immigrant applicants with disabilities, this book reveals how Canadian immigration policy has systematically omitted any reference to this group, rendering them socially invisible.

Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw.

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David B. Wong, "Moral Relativism and Pluralism" (Cambridge UP, 2023) Sep 19, 2023

Show notes

Today I talked to David B. Wong about his book Moral Relativism and Pluralism(Cambridge UP, 2023).

The argument for metaethical relativism--the view that there is no single true or most justified morality--is that it is part of the best explanation of the most difficult moral disagreements. The argument for this view features a comparison between traditions that highly value relationship and community and traditions that highly value personal autonomy of the individual and rights. It is held that moralities are best understood as emerging from human culture in response to the need to promote and regulate interpersonal cooperation and internal motivational coherence in the individual. The argument ends in the conclusion that there is a bounded plurality of true and most justified moralities that accomplish these functions. The normative implications of this form of metaethical relativism are explored, with specific focus on female genital cutting and abortion.

You can find out more about Prof. David Wong's works here.

The book is open-access and can be freely downloaded here.

Jessica Zu is an intellectual historian and a scholar of Buddhist studies. She is an assistant professor of religion at the University of Southern California.

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Beverley Chalmers, "Child Sex Abuse: Power, Profit, Perversion" (Grosvenor House, 2022) Sep 16, 2023

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Children of all ages are abused in every country in the world, by members of every society, culture, religion, and socio-economic class. About 120 million children under twenty, or one child in ten, report sexual abuse.

We often blame children for their own abuse instead of holding the perpetrators responsible for their crimes. When perpetrators are prosecuted, punishments are rarely severe. Remarkably, we sometimes justify child sex abuse, or even facilitate it, allowing it to continue, not only in hidden places, but even in the open. Beverley Chalmers' book Child Sex Abuse: Power, Profit, Perversion (Grosvenor House, 2022) exposes the stunning extent of child sex abuse in today's world.

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Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023) Sep 13, 2023

Show notes

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.

Anthony B. Sanders' book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters (U Michigan Press, 2023) is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.

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A Better Way to Buy Books Sep 12, 2023

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Bookshop.org is an online book retailer that donates more than 80% of its profits to independent bookstores. Launched in 2020, Bookshop.org has already raised more than $27,000,000. In this interview, Andy Hunter, founder and CEO discusses his journey to creating one of the most revolutionary new organizations in the book world. Bookshop has found a way to retain the convenience of online book shopping while also supporting independent bookstores that are the backbones of many local communities.

Andy Hunter is CEO and Founder of Bookshop.org. He also co-created Literary Hub.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Aleksandra Nicole Pfau, "Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France" (Amsterdam UP, 2020) Sep 11, 2023

Show notes

The concept of madness as a challenge to communities lies at the core of legal sources. Aleksandra Pfau, Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France (Amsterdam University Press, 2020) considers how communal networks, ranging from the locale to the realm, responded to people who were considered mad. The madness of individuals played a role in engaging communities with legal mechanisms and proto-national identity constructs, as petitioners sought the king’s mercy as an alternative to local justice. The resulting narratives about the mentally ill in late medieval France constructed madness as an inability to live according to communal rules. Although such texts defined madness through acts that threatened social bonds, those ties were reaffirmed through the medium of the remission letter. The composers of the letters presented madness as a communal concern, situating the mad within the household, where care could be provided. Those considered mad were usually not expelled but integrated, often through pilgrimage, surveillance, or chains, into their kin and communal relationships.

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Postscript: How Firearms Fuel Domestic Violence in the US Sep 11, 2023

Show notes

In 2019, nearly two-thirds of domestic violence homicides in the United States were committed with a gun. On average, three women are killed by a current or former partner every day in the United States. Between 1980 and 2014, more than half of women killed by intimate partners were killed with guns. Domestic violence affects children, friends, neighbors, peace officers, the abusers themselves, and society as a whole. This fall, the United States Supreme Court will hear a Second Amendment case (United States v. Rahimi) that may affect whether Congress or state legislatures may pass laws to mitigate domestic violence. To unpack what we know about the effect of firearms on intimate partner violence, Postscript brings you two nationally recognized experts on public health and firearms and an attorney who helped assembled an amicus brief for the Supreme Court.

Dr. Shannon Frattoroli, PhD, MPH, is Professor at the Johns Hopkins Bloomberg School of Public Health. She is affiliated with the Johns Hopkins Center for Gun Violence Solutions. Her scholarship focuses on how to translate evidence about injury and violence prevention into policies and practices that create safe places for people to thrive. She is a leader on both research and practice efforts to implement firearm dispossession, provisions of domestic violence restraining orders, and the new extreme risk protection order laws (often called “red flag laws”). Policy creation and implementation are crucial components of her research.

Dr. April M. Zeoli, PhD, MPH is Associate Professor of Health Management at the University of Michigan's School of Public Health and also the Policy Core Director at their Institute for Firearm Injury Prevention. Her research focuses on the impact of state-level firearm safety laws on interpersonal firearm violence. She studies domestic violence-related firearm restrictions, such as laws that require or allow firearm restrictions on domestic violence restraining orders. She has particular interest in outcomes (for example reductions in violence, including suicide and intimate partner homicide) and how local implementation affects these outcomes. She is dedicated to using science to create and enforce policy that reduces firearm violence.

Kelly Roskam, JD, is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She served as the Legal Director of the Educational Fund to Stop Gun Violence and has published on gun violence restraining orders, most recently work highlighting the practical implications of the Rahimi case (e.g., she co-authored “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” with her colleague at Johns Hopkins, Spencer Cantrell and Natalie Nanasi at SMU-Dedman).

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

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Tiantian Zheng, "Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China" (Bloomsbury, 2022) Sep 10, 2023

Show notes

Based on ethnographic research with victims of intimate partner violence since 2014, Tiantian Zheng's Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China (Bloomsbury, 2022) brings to the forefront women's experiences of, negotiations about, and contestations against violence, and men's narratives about the reasons for their violence. Using an innovative methodology - online chat groups, it foregrounds the role of history, structural inequalities, and the cultural system of power hierarchy in situating and constructing intimate partner violence. Centering on men and women's narratives about violence, this book connects intimate partner violence with invisible structural violence - the historical, cultural, political, economic, and legal context that gives rise to and perpetuates violence against women. Through examining the ways in which women's lives are constrained by various forms of violence, hierarchy, and inequality, this book shows that violence against women is a structural issue that is historically produced and politically and culturally engaged.

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Tomaz Jardim, "Ilse Koch on Trial: Making the 'Bitch of Buchenwald'" (Harvard UP, 2023) Sep 06, 2023

Show notes

On September 1, 1967, one of the Third Reich's most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the "Bitch of Buchenwald," Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in "bestial" sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.

Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch--and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large--diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich's crimes.

Ilse Koch on Trial: Making the 'Bitch of Buchenwald' (Harvard UP, 2023) reveals how gendered perceptions of violence and culpability drove Koch's zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and "good womanly behavior." Koch's "sexual barbarism," though treated as an emblem of the Third Reich's depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust.

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Yanna Yannakakis, "Since Time Immemorial: Native Custom and Law in Colonial Mexico" (Duke UP, 2023) Sep 04, 2023

Show notes

In Since Time Immemorial: Native Custom and Law in Colonial Mexico (Duke UP, 2023),Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom—social practice that through time takes on the normative power of law—acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents.

By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.

Joaquín Rivaya-Martínez es profesor de Historia en Texas State University. Sus intereses académicos incluyen la etnohistoria, los pueblos indígenas de las Grandes Llanuras y el Suroeste de EE.UU., la frontera México-EE.UU. y la América hispánica.

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