New Books In Law

James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law at Yale Law School, began researching the book that became Hitler’s American Model: The United States and the Making of Nazi Race Law (Princeton University Press, 2017) by wondering whether Jim Crow laws in the U.S. had any impact on the development of the Nuremberg Laws. Some scholars have denied any influence. Professor Whitman came to a very different conclusion, and what he learned deserves to be much more widely appreciated than it is. For the United States was the global pioneer of explicitly racist law–and not just, by any means, in the Jim Crow South. Strikingly, American law was most helpful to the most radical Nazi jurists. In the early years of the Third Reich, 1933 to 1936, conservative nationalist lawyers in Germany debated with Nazi radicals about how to create a body of anti-Semitic law, but one consonant with German legal traditions, which emphasized strict adherence to carefully-articulated concepts. The ra

The ‘ideological odd couple’ of Robert George and Cornel West jointly authored a statement defending free speech on campus and elsewhere. Find out why. Robert George is the McCormick Professor of Jurisprudence and Professor of Politics at Princeton University, and the founding director of Princeton’s James Madison Program in American Ideals and Institutions. His research focuses on issues in ethics, political philosophy, and philosophy of law. 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

Brandon Kendhammer takes a fresh approach to the juxtaposition of Islam and democracy in his latest book, Muslims Talking Politics: Framing Islam, Democracy and Law in Northern Nigeria (University of Chicago Press, 2016). Rather than employing a top-down approach to understanding Islam’s compatibility with democracy, Kendhammer chose to speak with blue-collar, working-class Muslims in cities across Northern Nigeria. Through this approach, Kendhammer exposes the pragmatic views of ordinary citizens more concerned with economic stability than jihadist rhetoric. As the political situation gets more violent and the idea of democracy more remote in Nigeria, Kenhammer offers a viewpoint of deep understanding for the complex situation. Based upon hundreds of conversations with ordinary citizens, he sketches a picture of how Islam and democracy can, and often is, reconciled in the neighborhoods and marketplaces of urban Nigeria’s centers, where Christians and Muslims live side-by-side. It is in the daily

Seth Barrett Tillman has written “Ex Parte Merryman: Myth, History and Scholarship,” an article about the famous case that is popularly thought to demonstrate a conflict between the President and the federal courts during the American Civil War. Tillman’s article is an effort to revise the standard historical understanding of the case called Ex Parte Merryman. In the spring of 1861, just as the hostilities had begun in the Civil War, famously issued an order to the U.S. Army granting army officials discretion to suspend the writ of habeas corpus if resistance or treasonous activity were encountered in Union territory. That spring, as soldiers poured into the Washington, D.C. area through Maryland, the Army was confronted with popular protests and violence by civilians. One suspect was John Merryman, a young man from a prominent Maryland family. Merryman hired lawyers to seek his release via the traditional method of asking the federal courts for an order to release Merryman pending his trial

This week’s podcast is a fraud or at least about a fraud. Edward J. Balleisen has written Fraud: An American History from Barnum to Madoff (Princeton University Press, 2017). Balleisen is associate professor of history and public policy and vice provost of Interdisciplinary Studies at Duke University. Why is fraud committed so frequently in the United States? What about our political and legal institutions has created such an inviting environment for tricksters? And, what has government done to address it? In Fraud, Balleisen surveys centuries of American political, legal, and business history.Learn more about your ad choices. Visit megaphone.fm/adchoices

Policing tactics have recently been the subject of lively political debates and the target of protest groups like the Black Lives Matter movement. Police reform is not new, of course. The 1950s and 1960s, in fact, saw one of the most active periods of change surrounding standard policing procedures and a moment of political reexamination of the role of police in a democracy. Christopher Lowen Agee, Associate Professor of History at the University of Colorado Denver, examines these changes in San Francisco in his recent book. The Streets of San Francisco: Policing and the Creation of a Cosmopolitan Liberal Politics, 1950-1972 (University of Chicago Press, 2014) takes on a city where police notoriously clashed with leftist activists, but also a city run by liberals. The Streets of San Francisco examines the causes, consequences, and limits of reform from street-level interactions between police and residents to policing politics in city hall. In this episode of New Books in History, Agee discusses his new book.

In his recent monograph, Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka (Cambridge University Press, 2016), Benjamin Schonthal examines the relationship between constitutional law and religious conflict in Sri Lanka during the twentieth and twenty-first centuries. Situating his study alongside broader conversations in the field of constitutional law and specifically debates about law’s effects on religion, Schonthal challenges the widely-held idea that constitutional law, properly administered, is a useful tool for reducing conflict between and within religious communities. Drawing on unpublished and previously unexamined archival materials written in Tamil, Sinhalese, and English, Schonthal argues that in the case of Sri Lanka constitutional law has actually hardened pre-existing religious conflicts and encouraged religious actors to use the law and courts to frame a variety of legal fights in explicitly religious terms. The pyrrhic constitutionalism in the subtitl

The idea that a political order derives its authority, legitimacy, and justification from some kind of initial agreement or contract, whether hypothetical or tacit, has been a mainstay of political philosophy, at least since Hobbes. Today, the leading approach to theorizing justice–John Rawls’ conception of “justice as fairness”– employs a contract doctrine, albeit of a somewhat modified kind. There, too, the idea is that an initial agreement, struck under special conditions of fairness, settles the principles of justice that will govern a society. The fundamental thought driving social contract theories is undeniably intuitive: What else could justify social rules and principles but the agreement of those who are to live under them? But, of course, there are fairly obvious problems with the very idea of a hypothetical prosocial fair agreement that results in principles and rules to govern actual societies. In Social Contract Theory for a Diverse World: Beyond Tolerance (Routledg

In her fascinating new book The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State (University of Chicago Press, 2017), Iza Hussin, Lecturer of Politics at University of Cambridge examines the transformation of Islamic law in colonial Malay, Egypt, and India. Combining archival, institutional, and political history, this book charts in staggering detail the centralization of Islamic Law in the shadow of colonial power during and after its attempted marginalization in Muslim societies. Much of this book is focused on explaining this apparent paradox, and a task that it achieves with convincing clarity. By presenting a nuanced and complicated picture of the interaction of colonial power and the colonized elite, Hussin offers a narrative of the making and remaking of Islamic Law in modernity that will delight the intellectual palate of specialists and non-specialists alike. SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His

With public debate about immigration law and policy at a peak, Anna Law is on the podcast this week to discuss her book The Immigration Battle in American Courts (Cambridge University Press, 2014) which came out in paperback in 2014. Law is the Associate Professor and Herb Kurz Chair in Constitutional Rights Political Science at Brooklyn College, CUNY. In the book, Law assesses the role of the federal courts in immigration going back to the late 18th century. She follows the institutional evolution of the Supreme Court and the US Courts of Appeals through the early 2000s as new waves of immigrants arrive in the country. What she discovers is that by the turn of the 20th century, a division of labor developed between the two courts as the Courts of Appeals retained its original function as error-correction courts, and the Supreme Court was reserved for the most important policy and political questions. We ended our conversation about the book by reflecting on how the courts may treat the Trump administration e

John Hadley’s Animal Property Rights: A Theory of Habitat Rights for Wild Animals (Lexington Books, 2015) presents a novel approach to addressing habitat and biodiversity loss: extending liberal property rights to wildlife. Hadley argues that a guardianship system could effectively protect the rights of wild animals to resources in the territories they inhabit. In turn, the guardians of particular animals or a particular species could challenge land use plans that might threaten the ability of these animals to meet their basic needs. Though grounded in philosophical theory, Hadley’s focus is pragmatic. He is interested in producing an institutional design that could be effectively incorporated into policy and practice. His proposal also aims to solve some key problems in wildlife conservation. It bridges the seemingly divergent interests of environmentalists focused on the protection of the collective (e.g., ecosystems) and those of animal rights proponents focused on the survival of individuals.

The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to m

For more than 50 years, Huntsville prison put on an annual rodeo throughout the month of October to entertain prisoners, locals, and visitors from across the nation. In his new book Convict Cowboys: The Untold History of the Texas Prison Rodeo (University of North Texas Press, 2016), Sam Houston State University criminal justice and criminology professor Mitchel Roth explores the history of the rodeo. The Texas Prison Rodeo began as a small event intended to serve essentially as recreation for prisoners, but grew into an important fundraiser and a nationally known show. It included a range of traditional rodeo events and contests, but also added other acts drawn from various forms of American popular entertainment as cultural sensibilities and prisoner interests changed. The rodeo was, in some ways, one of the more positive aspects of an otherwise brutal and underfunded prison system. Inmates were able to win prizes and interact with the free world, and the proceeds from the rodeo helped provide services the

The philosopher (and 1972 presidential candidate) John Hospers once wrote, “justice is getting what one deserves. What could be simpler?” As it turns out, this seemingly simple idea is in the opinion of many contemporary political philosophers complicated enough to be implausible. According to many these theorists, the question of what one deserves is no less vexed than the question of what justice requires. Some even hold that the question of what one deserves can be answered only by reference to a conception of justice. Accordingly, it seems as if a defense of Hospers’ simple idea requires a lot of effort. In Distributive Justice: Getting What We Deserve from Our Country (Oxford University Press, 2016), Fred Feldman provides an original version of desertism, the view according to which justice prevails in a society when all of its members get what they deserve from whatever entity has the job of enacting justice. He forcefully argues that, once it is articulated with the requisite nuance a

The 9/11 attacks revealed a breakdown in American intelligence and there was a demand for individuals and institutions to find out what went wrong, correct it, and prevent another catastrophe like 9/11 from ever happening again. In Rogue Justice: The Making of the Security State (Crown Publishers, 2016) Karen J. Greenberg discusses how the architects of the War on Terror transformed American justice into an arm of the Security State. She tells the story of law and policy after 9/11, introducing the reader to key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim. Expanded intelligence capabilities established after 9/11 (such as torture, indefinite detention even for Americans, offshore prisons created to bypass the protections of the rule of law, mass warrantless surveillance against Americans not suspected of criminal behavior, and overseas assassinations of terrorism suspects, including at least one American) have repeatedly chosen to privil

Sabeel Rahman is the author of Democracy Against Domination (Oxford University Press, 2016). Rahman is assistant professor of law at Brooklyn Law School. Combining perspectives from legal studies, political theory, and political science, Democracy Against Domination reinterprets Progressive Era economic thought for the challenges of today. The book offers a new approach to regulation and governance rooted in democratic theory and the writing of Louis Brandeis and John Dewey. In order to oversee complex economic activities and financial markets, Rahman argues for more democracy, not less, more participation by citizens and more participatory institutions established to facilitate this aim.Learn more about your ad choices. Visit megaphone.fm/adchoices

Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand (University of Hawaii Press, 2016) is a rewarding, multilayered study of how Thailand became the Kingdom of Crime, and its police, masters of simulation and representation. While working towards an account of the visual culture of criminality, Samson Lim carefully documents the establishment and growth of the police force in Thailand, hitherto Siam, and its adoption of technologies to identify, name, class, measure, investigate and explain criminal phenomena. Photography, mapping and fingerprinting altered fundamentally conceptions of what constituted evidence. Perceptions of what crime is and how it can be captured for presentation at trial also underwent profound change. According to Lim “the determination of how things should look became a key preoccupation of the state.” With time, crime scene reconstruction morphed into a powerful new genre of reenactment, which ostensibly helps to organize existing knowledge abo

In this episode of the H-Law Legal History Podcast I talk with Associate Professor of English at The Ohio State University at Marion, Sara L. Crosby about her new book, Poisonous Muse: The Female Poisoner and the Framing of Popular Authorship in Jacksonian America (University of Iowa Press, 2016). Crosby discusses how the trope of the female poisoner permeated popular literature in the mid-nineteenth century. In her analysis of the 1840 murder trial of Hannah Kinney, we see how the partisan press used the accused as a vessel through which to fight-out central political battles of the day. We then see how jury decisions may serve as a metric for determining which metaphors and cultural frames are prevailing at a point in time. Following a popular metaphor enables Crosby to track the cultural tides influencing law and politics in Jacksonian America.Learn more about your ad choices. Visit megaphone.fm/adchoices

Timothy Sandefur’s new book, The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It (Encounter Books, 2016) is an argument against the restrictions on individual liberty by local, state and federal governments. Sandefur, the Vice President of Litigation at the Goldwater Institute, contends that the politics of the Progressive Era in America resulted in a faith in experts and empirical data that held the promise of a well-managed society. But Sandefur contends that such a well-intentioned effort resulted in laws that actually mismanaged many aspects of society and resulted in injustices. For example, the Civil Rights Movement was not only hindered by racism, but also by laws and regulations, such as licensure laws that raised barriers to entry in new trades and zoning laws that restricted affordable housing stock. Sandefur also reviews the importance of courts in recognizing and protecting individual liberties against such laws. Sandefur seeks to persu

The Pope said that Donald Trump wasn’t much of a Christian if all he can think about is building walls. Trump replied that it was “disgraceful” for a any leader, even the Pope, “to question another man’s religion or faith.” I imagine that many Americans agreed with Trump on this score. But is Trump’s “radical tolerance” position really sensible? Can’t someone reasonably and respectfully say to another “Gee, I think you’ve got that particular point of scripture wrong” or even “I think your faith is, well, misguided for reasons X, Y an Z”? In his thought-provoking book The Limits of Religious Tolerance (Amherst College Press, 2016), Alan J. Levinovitz argues that we can and indeed must question religion, both our own and everyone else’s. How else, he asks, are we to understand why we and our fellow citizens believe what we say we believe? To be sure, Levinovitz advises that we only engage in critical discussions of r