New Books in Law

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Risa Brooks et al., "Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War" (Oxford UP, 2020) Jun 09, 2022

Show notes

Most existing literature regarding civil-military relations in the United States references either the Cold War or post-Cold War era, leaving a significant gap in understanding as our political landscape rapidly changes. Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War (Oxford UP, 2020) builds upon our current perception of civil-military relations, filling in this gap and providing contemporary understanding of these concepts. The authors examine modern factors such as increasing partisanship and political division, evolving technology, new dynamics of armed conflict, and the breakdown of conventional democratic and civil-military norms, focusing on the multifaceted ways they affect civil-military relations and American society as a whole.

Lionel Beehner, Risa Brooks, and Daniel Maurer, serving as both editors of the volume and authors themselves, recruited contributing authors who come from a diversity of backgrounds, many of whom have served in the military, or in the foreign service, have worked as policy makers, and many who have held academic appointments in security studies, war studies, and at the military academies as well as at civilian institutions. Reconsidering American Civil-Military Relations helps to define and examine the roles and responsibilities of the military, civilian leadership, and the public, centering the sections of the book around these definitions, then delving deeper into the intricacies of their relations within the chapters in each section of the book. The first section of the book analyzes the military’s roles and responsibilities, focusing on limits of the military’s political activity as well as long-standing conventions and norms of professionalism that are part of the old Cold War structures. The second section explores the civilian side of the civil-military equation, particularly the role of the soldier, both as a member of society and a member of the military. This section also explores the marginalization of civilian voices in military policy making and factors that may contribute to that marginalization. The third section focuses on the relationship between society and the military, exploring societal attitudes toward the military and identifying how trends in partisanship and polarization are challenging civil-military relations. The fourth and final section of this volume examines the fragility and erratically fluid nature of our current historical moment, and how challenges in civil-military relations can arise from the changing realities of war, armed conflict, and domestic political dynamics.

Emma R. Handschke assisted in the production of this podcast.

Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

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Robin Goldstein and Daniel Sumner, "Can Legal Weed Win?: The Blunt Realities of Cannabis Economics" (U California Press, 2022) Jun 07, 2022

Show notes

Cannabis "legalization" hasn't lived up to the hype. Across North America, investors are reeling, tax collections are below projections, and people are pointing fingers. On the business side, companies have shut down, farms have failed, workers have lost their jobs, and consumers face high prices. Why has legal weed failed to deliver on many of its promises? Can Legal Weed Win?: The Blunt Realities of Cannabis Economics(U California Press, 2022) takes on the euphoric claims with straight dope and a full dose of economic reality.

This book delivers the unadulterated facts about the new legal segment of one of the world's oldest industries. In witty, accessible prose, economists Robin Goldstein and Daniel Sumner take readers on a whirlwind tour of the economic past, present, and future of legal and illegal weed. Drawing upon reams of data and their own experience working with California cannabis regulators since 2016, Goldstein and Sumner explain why many cannabis businesses and some aspects of legalization fail to measure up, while others occasionally get it right. Their stories stretch from before America's first medical weed dispensaries opened in 1996 through the short-term boom in legal consumption that happened during COVID-19 lockdowns. Can Legal Weed Win? is packed with unexpected insights about how cannabis markets can thrive, how regulators get the laws right or wrong, and what might happen to legal and illegal markets going forward.

Robin Goldstein is an economist and author of The Wine Trials, a controversial exposé of wine snobbery that has become the world’s best-selling guide to cheap wine. Daniel Sumner is Frank H Buck, Jr. Distinguished Professor of Agriculture and Resource Economics at the University of California, Davis. Together they take readers on a tour of the economics of legal and illegal weed, showing where cannabis regulation has gone wrong and how it could do better.

John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma.

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Mario Daniels and John Krige, "Knowledge Regulation and National Security in Postwar America" (U Chicago Press, 2022) Jun 01, 2022

Show notes

Knowledge Regulation and National Security in Postwar America (University of Chicago Press, 2022) is the first historical study of export control regulations as a tool for the sharing and withholding of knowledge.

In this groundbreaking book, Dr. Mario Daniels and Dr. John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state.

They argue that every single day beginning in the 1940s, US export controls have intervened in the global sharing of scientific-technological knowledge. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.

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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Alejandro de la Fuente and Ariela J. Gross, "Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana" (Cambridge UP, 2020) May 31, 2022

Show notes

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge UP, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people.

Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 202) Twitter: @DrBrandonJett1

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Audrey L. Comstock, "Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance" (Cambridge UP, 2021) May 30, 2022

Show notes

International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance (Cambridge UP, 2021) shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties.

Audrey L. Comstock is an Assistant Professor of Political Science in the School of Social and Behavioral Sciences at Arizona State University and Interim Director of the ASU Global Human Rights Hub. She received a PhD in Government from Cornell University. Her research focuses on the United Nations, international human rights law, negotiations, women's rights, and sexual exploitation and abuse.

Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty.

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Brandon T. Jett, "Race, Crime, and Policing in the Jim Crow South" (Louisiana State UP, 2021) May 27, 2022

Show notes

In this groundbreaking work, Professor Brandon T. Jett unearths how police departments evolved with the urbanization of the Jim Crow South, to target African Americans through a variety of mechanisms of control and violence, such as violent interactions, unjust arrests, and the enforcement of segregation laws and customs. Race, Crime, and Policing in the Jim Crow South, published by Louisiana State University in July 2021, provides explanation and context to show the way that modern institution of policing in the United States has evolved from, but clings to historical patterns and attitudes that situate African Americans in positions of relative vulnerability in their interactions with police.

Still, what surprises in Jett's work is the way that Black residents co-operated and even manipulated the police in aid of crime reduction and to extract services in the urban spaces that they lived. Vivid examples and rich detail provides the reader with a thorough understanding of criminal justice and the way that policing reinforced segregation during the Jim Crow era.

Brandon T. Jett is a professor of history at Florida South Western State College. In 2017, he was awarded a William Nelson Cromwell Foundation Early Career Scholar Fellowship. You can listen to him host on New Books in The American South. Race, Crime Policing in the Jim Crow South was the Silver Medal Winner of the Florida Book Award in 2021.

Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK

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Abolition May 26, 2022

Show notes

Leading up to Mayday, the nationwide Day of Refusal, and Abolition May, Saronik talks with Sean Gordon about abolition as an historical movement to end the transatlantic slave trade and a transformative justice movement to abolish prisons and defund the police. The episode focuses on the relationship between absence and presence, destruction and reconstruction, in abolitionist narratives and thought, and makes reference to Angela Davis’s Abolition Democracy: Beyond Empire, Prisons, and Torture (2005), Mariame Kaba’s We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (2021), Tiffany Lethabo King’s The Black Shoals: Offshore Formations of Black and Native Studies (2019), and works by W. E. B. Du Bois, Ruth Wilson Gilmore, Frank Wilderson, and Jared Sexton. There is no doubt that abolition will save the world.

Sean recently finished his PhD in English and American Studies at the University of Massachusetts Amherst. His research and teaching focus on nineteenth-century American literature, abolition, and the environmental humanities.

You can visit the We Do This ‘Til We Free Us publisher’s website to donate copies of the book to people who are incarcerated.

Image: “A is for Abolition”, one in the series titled Collidescopes by Julia Bernier

Music used in promotional material: “Heartbeat” by ykymr

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Rana Siu Inboden, "China and the International Human Rights Regime: 1982–2017" (Cambridge UP, 2021) May 23, 2022

Show notes

In China and the International Human Rights Regime(Cambridge University Press, 2021), Rana Siu Inboden examines the evolution of China’s posture towards the U.N. human rights system since the early 1980s. The book examines in unprecedented details China’s role and impact on the complex negotiations between U.N. members over the International Covenant Against Torture and its optional protocol; the establishment of the U.N. Human Rights Council; and the monitoring powers of the International labour Organization. A former U.S. State Department official in the Bureau of Democracy, Labor and Human Rights, Inboden shows how China, through subtle yet persistent efforts, largely but not entirely successfully managed to constrain the U.N. human rights system. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power. In this interview, Inboden discusses her findings as well as more recent developments under the leadership of President Xi Jinping.

Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School.

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Christopher Carothers, "Corruption Control in Authoritarian Regimes: Lessons from East Asia" (Cambridge UP, 2022) May 17, 2022

Show notes

Political corruption remains … one of the most intriguing and challenging issues in social science research and public policy, perhaps because although it occurs in virtually all polities, its causes, patterns, and consequences often seem unique to each circumstance.

– Cadres and Corruption by Xiaobo Lu (2000)

Corruption is rampant in many authoritarian regimes, leading most observers to assume that autocrats have little incentive or ability to curb government wrongdoing. Corruption Control in Authoritarian Regimes – Lessons from East Asia, published by Cambridge University Press in 2022, shows that meaningful anti-corruption efforts by nondemocracies are more common and more often successful than is typically understood. Drawing on wide-ranging analysis of authoritarian anti-corruption efforts globally and in-depth case studies of key countries such as China, South Korea and Taiwan over time, Dr. Carothers constructs an original theory of authoritarian corruption control. He disputes views that hold democratic or quasi-democratic institutions as necessary for political governance successes and argues that corruption control in authoritarian regimes often depends on a powerful autocratic reformer having a free hand to enact and enforce measures curbing government wrongdoing. His book advances our understanding of authoritarian governance and durability while also opening up new avenues of inquiry about the politics of corruption control in East Asia and beyond.

Christopher Carothers is a scholar of comparative politics and most recently affiliated with the University of Pennsylvania’s Center for the Study of Contemporary China as a post-doctoral fellow. Professor Carothers research focuses on authoritarianism and corruption control with a regional focus on East Asia, and has written for Foreign Affairs, Foreign Policy, Politics and Society and the Journal of Democracy among others.

Keith Krueger lectures in the SILC Business School at Shanghai University.

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Maha Hilal, "Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11" (Broadleaf Books, 2022) May 13, 2022

Show notes

In Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11 published in 2022 with Broadleaf Books, Maha Hilal describes how narratives of 9/11 and the war on terror have been constructed over the last twenty years and the various ways in which they have justified state violence against Muslims. Hilal offers answers to many questions, including and especially how the war on terror started, what its impact on American Muslims and Muslims abroad has been, and how to work to dismantle it.

Hilal holds a PhD in Justice, Law, and Society from American University and has received many awards, including the Department of State's Critical Language Scholarship, the Kathryn Davis Fellowship for Peace, and a Reebok Human Rights Fellowship.

The book is written accessibly, making difficult concepts and themes easy to follow and understand. It is easily assignable in undergraduate and graduate courses and makes for an essential read for policymakers and for anyone interested in the Muslim American experience post-9/11, and perhaps anyone who denies the existence of institutional Islamophobia and naively thinks the U.S. is the beacon of light and justice in the world—because this book shows with ample evidence that it’s not.

In our conversation today, Hilal tells us the story of the origins of the book, what its contributions are, what makes it different from other books on Islamophobia, the roles that U.S. presidents since 9/11 have played in reinforcing and exacerbating Islamophobic rhetoric in the U.S. We also talk about the many U.S. policies, domestic as well as international, that legitimate the existence of Islamophobic state violence, the ways in which the FBI uses informants to entrap Muslims, the legal and narrative strategies that allow for the U.S. to commit extreme forms of torture against Muslims. We end with a discussion on internalized Islamophobia and, among other things, its harmful impact on Muslim Americans.

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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