New Books In Law

When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration.Learn mor

As immigration from Mexico to the United States grew through the 1970s and 1980s, the Border Patrol, police, and other state agents exerted increasing violence against ethnic Mexicans in San Diego’s volatile border region. In response, many San Diego activists rallied around the leadership of the small-scale print shop owner Herman Baca in the Chicano movement to empower Mexican Americans through Chicano self-determination. The combination of increasing repression and Chicano activism gradually produced a new conception of ethnic and racial community that included both established Mexican Americans and new Mexican immigrants. In Raza Si, Migra No: Chicano Movement Struggles for Immigrant Rights in San Diego (University of North Carolina Press, 2017), Jimmy Patino narrates the rise of this Chicano/Mexicano consciousness and the dawning awareness that Mexican Americans and Mexicans would have to work together to fight border enforcement policies that subjected Latinos of all statuses to legal violence. By

Today I talked to Fahad Bishara about his book A Sea of Debt: Law and Economic Life in the Western Indian Ocean, 1780-1950 (Cambridge University Press, 2017). Dr. Bishara is Assistant Professor of History at the University of Virginia. He specializes in the economic and legal history of the Indian Ocean and Islamic world. In this podcast, Dr. Bishara discusses his sophisticated history that explores the intricate legal and economic regimes that traversed the Western Indian Ocean for generations. He also talks about how he effectively mined legal documents to craft this narrative. The following podcast was originally published on H-Law’s Legal History Podcast.Learn more about your ad choices. Visit megaphone.fm/adchoices

“Native American” is unique among American racial categories in defining not just social status or historical lineage, but also an individual’s relationship to state and federal governments. In Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South (Oxford University Press, 2016), Mikaela M. Adams, an assistant professor of history at the University of Mississippi, tracks the histories of six Indian societies in the American South from the seventeenth to the twenty first centuries. In doing so, she argues that the question of belonging was often difficult to answer, particularly in a region where whites insisted on dividing the individuals along a strict, binary, color line. In Who Belongs?, Pamunkey, Catawba, Choctaw, Cherokee, Seminole, and Miccosukee communities all grapple with the fundamental question of tribal membership. After colonization and conquest, the answer to the question posed by Adams could have critical and concrete consequences. Often, whether someone be

Deondra Rose has written Citizens by Degree: Higher Education Policy and the Changing Gender Dynamics of American Citizenship (Oxford University Press, 2018). She is an assistant professor of public policy and political science at Duke University. Citizens by Degree examines the development and impact of federal higher education policy, specifically the National Defense Education Act, the Higher Education Act, and Title IX. Rose argues that these policies have been an overlooked-factor driving the progress that women have made in the United States. By significantly expanding women’s access to college, they led to women to surpassing men as the recipients of bachelor’s degrees, while also empowering them to become more economically successful and politically engaged. The book focuses on how Southern Democrats shaped U.S. higher policy development during the mid-twentieth century, expanding opportunities for women, while maintaining discriminatory practices for African Americans.Learn more about you

The Weimar Republic was home to the first gay rights movement, led by well-known sexologist Magnus Hirschfeld. It also inspired many literary and cinematic representations of sexual liberation in legendary 1920s Berlin. In her ambitious book, Sex and the Weimar Republic: German Homosexual Emancipation and the Rise of the Nazis (University of Toronto Press, 2015), Laurie Marhoefer revises several assumptions about the sexual politics of Germany during the 1920s and 1930s. She examines how the sexual freedoms fought for by many reformers often came at the expense of a minority perceived as too non-conformist even by the left. Critically exploring explosive personalities, such as Hirschfeld and Ernst Roehm, and political turning points, such as the Venereal Disease Law of 1927 and the Vote on Repealing the Sodomy Law in 1929, this book demonstrates the profound ambiguities of the era. Marhoefer suggests that a Weimar Republic political settlement between diverse factions simultaneously saw emancipation of those

Voting rights are always in the news in American politics, and recent court decisions and an upcoming election in 2018 make this especially true today. Most discussions come back to the Voting Rights Act (VRA) and whether it will continue to provide the voting rights protections it has in the past. In Ballot Blocked: The Political Erosion of the Voting Rights Act (Stanford University Press, 2017), Jesse Rhodes, associate professor of political science at the University of Massachusetts, Amherst, places the VRA into a political context. He aims to figure out the political puzzle of the VRA: Why, for fifty years, have both Democrats and Republicans in Congress consistently voted to expand the protections offered by the VRA, yet the act remains vulnerable? Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly back? Rhodes argues that conservatives have pursued a paradoxical strategy which takes advantage of high and low salience. The conservati

True crime is as popular as ever in our present moment. Both television and podcast series have gained critical praise and large audiences by exploring largely unknown individual crimes in depth and using them to consider broader questions surrounding the justice system, guilt and innocence, class and racial inequality, and evidence. Rarely do we get to think historically about these broader topics through the lens of individual, especially unknown, cases in light of the challenges posed by researching historical crimes. Kali Nicole Gross, Martin Luther King, Jr. Professor of History at Rutgers University New Brunswick, has done incredible research to do just that in her new book, Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America (Oxford University Press, Hardcover 2016, Paperback 2018). The book won the Hurston/Wright Legacy Award for Nonfiction. The book tells the story of the discovery of a torso, the investigation of the murder, and the life of the accused—Ha

In Institutions and Democracy in Africa: How the Rules of the Game Shape Political Developments (Cambridge University Press, 2018), the contributors challenge the argument that African states lack effective political institutions as these have been undermined by neo-patrimonialism and clientelism. Scholars such as Patrick Chabal and Jean-Pascal Daloz have argued that Africa’s political culture is inherently different from the West and that African political system is actually working through what they term “instrumentalization of disorder.” While acknowledging some of the contributions that Chabal and Daloz have made to the understanding of Africa institutions, the contributions in this volume challenge this notion that political life in Africa is shaped primarily by social customs and not by formal rules. The contributions examine formal institutions such as the legislature, judiciary, and political parties and they show the impact of these institutions on socio-political and economic devel

Alex Vitale is a Professor of Sociology and coordinator of the Policing and Social Justice Project at Brooklyn College. He has written for a number of popular publications including the New York Times, New York Daily News, USA Today, and the Nation. His newest book The End of Policing is out now from Verso press. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sida Liu and Terence C. Halliday spent ten years interviewing criminal defense attorneys throughout China in order to compile the evidence on the professional lives of criminal defense attorneys in the one-party authoritarian state that is modern China. They present what they found in Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016) In this interview with co-author Sida Liu, we discuss the extreme difficulties faced in daily work by attorneys. From the Communists victory in 1949 until 1979, there was essentially no criminal procedural law in China. In 1979 the Deng Xiaoping regime sought stability and order and created the first criminal procedural law. Since then the law has been revised several times, giving more formal rights to defendants and their counsel, while simultaneously allowing for state harassment of defense attorneys should they too zealously do their jobs. Liu and Halliday reveal the methods of state officials to hinder the pursuit of justice for cr

In 2013, when the Russian State Duma passed a law banning the propaganda of non-traditional sexual relationships to minors, some rushed to boycott Russian vodka. In Russian Homophobia from Stalin to Sochi (Bloomsbury, 2017), Dan Healey provides historical context for the law and cautions against the easy application of recent changes elsewhere. The Russian embrace of LGBT rights will be the result of cultural evolution from within society and not some off-the-peg downloading of a European formula, Healey writes. Decriminalized after the revolution, sodomy was re-banned under Stalin in 1933-4 and remained illegal until 1993. In a series of case studies, Healey examines same-sex relationships in the gulag, provincial criminal investigations from the 1950s, the diary of popular singer Vadim Kozin (who was sent to Magadan in the 1940s under the anti-sodomy law), gay cruising in Brezhnev-era Moscow, and pornography in the 1990s. What emerges is a complex portrait of gay and lesbian consciousness that belies Putin-

Taisu Zhang ties together cultural history, legal history, and institutional economics in The Laws and Economics of Confucianism: Kinship and Property in Pre-Industrial China and England (Cambridge University Press, 2017) and offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. Late Imperial and Republican China (1860-1949) was dominated of Neo-Confucian social hierarchies, under which advanced age and generational seniority were the primary determinants of sociopolitical status. This allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, in the more individualistic early modern England (1500-1700) landed wealth was a fairly strict prerequisite for high status and authority. This essentially excluded low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions an

As debates on globalization rage in the twenty-first century, many countries and the people within them have been challenged socially, economically, and legally. At the same time, our world is now more bordered geopolitically than ever before. What effect do these phenomena have on one of the most significant social units: the family? In her new book, Legalized Families in the Era of Bordered Globalization (Cambridge University Press, 2017), Daphna Hacker argues that the family is entering an important period of transition and instability in our bordered, global society. Families have been a legalized social category, but now competing legal doctrines and interpretations complicate the existence of this social category given the movement of people in a globalized society. How does secular law and family law impact families in multicultural countries with inhabitants from around the globe? Are pre-nups a good idea or a bad one? How does globalization influence reproduction in the family unit? How are current i

Investigating the President: Congressional Checks on Presidential Power (Princeton University Press, 2016) is an important analysis of both congressional and presidential power, and how these two branches interact, especially within polarized political periods. Reflecting the way this book examines both of these branches of government and the exercise of their respective powers, Investigating the President garnered two impressive book awards, from the Presidents and Executive Politics Section (Richard E. Neustadt Book Award) and from the Legislative Studies Section (Richard F. Fenno Book Award) of the American Political Science Association. Douglas Kriner and Eric Schickler explore the precedent for congressional investigations into the conduct of and within the Executive branch, while they also amassed over 100 years of data surrounding congressional investigations to discern the impact of these kinds of investigations, even when they do not result, necessarily, in articles of impeachment or indictments of p

In Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (Yale University Press, 2016), Katrina Jagodinsky recovers the stories too often presumed lost in the silences of colonial archives: those of Indigenous women operating within systems of American law. In doing so, she argues that Indigenous women in the American southwest and Pacific northwest used Indigenous epistemologies, legal codes, and community connections, to navigate American settler colonial legal regimes and in some cases emerging victorious. Jagodinsky, an Associate Professor in the history department at the University of Nebraska-Lincoln, uses unique methodologies combining traditional legal history, poetry, and non-written knowledge networks to recount the histories of six women from the border regions of what is today Arizona/Sonora and Washington/British Columbia. Legal Codes and Talking Trees shows how even under ardently white supremacist power structures and within se

Richard D. Brown’s new book Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War (Yale University Press, 2017) offers a deft examination of the idea enshrined in the Declaration of Independence that “All men are created equal” and how it worked out practically in the young republic based on a vision of a new democratic order in which superior merit would mark the difference among citizens. From the beginning the nation struggled with the ideal and the reality of social inequality based on religion, nationality, ethnicity, race, gender, age and social class. Americans debated the vision of equality as reserved before God alone, equality before the law and equality of opportunity. Brown demonstrates how these debates played out in criminal trials and punishment, divorce cases, and among immigrants and African Americans. Seeking to distinguish themselves from the inherited class structure of England, Americans retained a feature that would make equality difficult to

Leon Wiener Dow’s most recent work The Going: A Meditation on Jewish Law (Palgrave MacMillan, 2017) offers readers intimate, informative, and at times provocative reflections on halakha, or Jewish law. The author makes nuanced philosophical and theological observations on the ideas and actions that define a halakhic life, and grounds his ideas with rich personal anecdotes that are woven throughout. Wiener Dow’s lively, captivating style of writing draws the reader into his powerful discussion of the roles that community, language, tradition, and evolution play in the halakhic journey. Leon Wiener Dow received his Ph.D. in Philosophy from Bar-Ilan University and rabbinic ordination from Rabbi Professor David Hartman. He is currently a research fellow and faculty member of the Shalom Hartman Institute in Jerusalem, Israel. Robin Buller is a Ph.D. Candidate in History at the University of North Carolina at Chapel Hill.Learn more about your ad choices. Visit megaphone.fm/adchoices

Typically the Jim Crow Era of segregation is understood as beginning directly after Reconstruction and going into the mid-twentieth century with the dual climaxes of the Brown vs. Board Supreme Court decision and the Montgomery Bus Boycott Movement in Montgomery, Alabama. What this narrative suggests is that Jim Crow was a southern phenomenon. Such a view is unfortunately ill conceived. Colored Travelers: Mobility and the Fight for Citizenship before the Civil War (University of North Carolina Press, 2016), written by Dr. Elizabeth Stordeur Pryor, Associate Professor of History at Smith College, reshapes contemporary memory of when and why Jim Crow laws were enacted. In Colored Travelers, Dr. Pryor details how while antebellum-era Northern black abolitionists simultaneously fought to abolish slavery, they also pushed the limits of what citizenship meant by attempting to freely travel within it. They did this by challenging Northern Jim Crow laws set to undermine the mobility of black people in general, but th

John Corvino is Professor of Philosophy at the Wayne State University in Detroit. His academic work focuses on topics in moral, social, and legal philosophy surrounding sexuality, gender, marriage, religious conviction, and discrimination. But John is also an active public philosopher who frequently participates in public debates over these topics. He produces and appears in a popular YouTube series of short videos devoted to the philosophical discussion of controversial topics. He is the author of What’s Wrong with Homosexuality?, co-author (with Maggie Ghallagher) of Debating Same Sex Marriage, and.co-author (with Ryan Anderson and Sherif Girgis) of Debating Religious Liberty and Discrimination, all published with Oxford University Press. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member!