New Books In Law

In this podcast I talk to Kirt von Daacke about his 2012 work, Freedom Has a Face:Race, Identity, and Community in Jefferson’s Virginia (University of Virginia Press, 2012). Professor von Daacke is Associate Professor of History and Assistant Dean in the College of Arts and Sciences at the University of Virginia. In this interview a few topics we discuss are: * Sources and methods for piecing together a picture of life in Albemarle County and the use of legal documents as a window into a past society * The relationship between law on the books and the actual behavior of the inhabitants of Albemarle County * Free people of color’s experiences with the legal system * The possibilities and the pitfalls awaiting unmarried women of color in the rural antebellum South * Some implications of Freedom Has a Face for future work on African American history Learn more about your ad choices. Visit megaphone.fm/adchoices

Leigh Ann Wheeler is professor of history at Binghamton University. Her book How Sex Became a Civil Liberty (Oxford University Press, 2013), examines the role of the American Civil Liberties Union in establishing sexual rights as grounded in the U.S. constitution. Wheeler begins in the bohemian New York with the personal biographies of individuals who established the ACLU for the protection of anti-government speech. Early ACLU leaders displayed sexual proclivities and outlooks outside the mainstream. Beginning with obscenity laws that hampered the distribution of contraceptives and birth control information, the ACLU legally pursued sexual practice, expression, and the right to privacy as civil liberties. Presenting their own clients, building collisions with advocacy groups, providing legal briefs to decision makers, directing activism, and influencing public opinion, the ACLU brought about change in a wide array of laws that restrained and criminalized sexual behavior and expression. This was not a smooth

Professor Robert P. Burns of Northwestern University School of Law offers an insightful critique of the modern American criminal justice system in his new work Kafka’s Law: ‘The Trial’ and American Criminal Justice (University of Chicago Press 2014). This interview explores the characteristics of Kafka’s “Law” and exposes where and how these characteristics exist within the American criminal justice system. Burns leads us through the absurd regime The Trial‘s protagonist must navigate after he finds himself accused of an unknown crime. Kafka’s dystopian law is unknowable, ubiquitous, overly bureaucratic and yet overly informal. In the story’s world the law functions like God and guilt is inevitable. These legal characteristics may appear to be part of an absurd dystopian fantasy world derived from the same wild imagination that produced a story in which a man metamorphoses into a bug. However, we learn in the second half of the interview that the dystopian

It is generally accepted that lying is morally prohibited. But theorists divide over the nature of lying’s wrongness, and thus there is disagreement over when the prohibition might be outweighed by competing moral norms.There is also widespread agreement over the idea that promises made under conditions of coercion or duress lack the moral force to create obligations. Finally, although free speech is widely seen as a primary value and right, there is an ongoing debate over the kind of good that free speech is. In Speech Matters: On Lying, Morality, and the Law (Princeton University Press, 2014), Seana Shiffrin ties these issues together, advancing a powerful argument regarding the central role that sincerity and truthfulness play in our individual and collective moral lives.Learn more about your ad choices. Visit megaphone.fm/adchoices

This year we celebrate the fiftieth anniversary of the Voting Rights Act, a legal revolution with far-reaching cultural, political, and economic import. But as J. Douglas Smith argues in On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States (Hill and Wang, 2014),the early 1960s witnessed a comparable sea change in voting law that deserves far more attention. Indeed, when journalists asked Earl Warren what he regarded as the Supreme Court’s most important accomplishment under his tenure, the Chief Justice — who oversaw a series of landmark cases, from Brown to Miranda –– did not hesitate to answer: Baker v. Carr and Reynolds v. Sims. Few Americans today could identify and explain what these rulings did. But as Smith explains, they represented a dramatic break with a long-reigning electoral system that now feels almost unimaginable. America is exceptional among modern democracies for elevating the idea of

Commercial interests are often understood as impinging upon the ethical norms of medicine. In his new book, Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry (University of Chicago Press, 2013), Joe Gabriel shows how the modernization of American medicine was bound up in the ownership, manufacture, and marketing of drugs. Gabriel unearths the early history of intellectual property concerns as they entered the domain of medical practice itself. Through his careful marshaling of evidence, he takes readers back to a time when the norms and legal structures of commercial capitalism in the U.S. were just as much at issue as those of the professionalization of medicine. This fascinating book serves as a pointed reminder that the sources of therapeutic rationale are just as much tied to the production and regulation of therapies as the collective decision-making on ethical practice. Along with my previous interview with Jeremy Greene, this discussion will hopefully

Emilie Cloatre‘s award-winning book, Pills for the Poorest:An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Palgrave, 2013), locates the effects–and ineffectualness–of a landmark international agreement for healthcare: the World Trade Organization’s “Trade-related Aspects of Intellectual Property Rights.” Cloatre takes seriously the idea of TRIPS as a technology in Bruno Latour’s meaning of the word–as a material object that anticipates effects in specific settings. Cloatre follows the text from its consolidation in European meeting halls to its use in the former French and British colonies of Ghana and Djibouti. Pills for the Poorest is a significant ethnography of law and healthcare in Africa that shows precisely how this paper tool begat new buildings, relationships, experts, and, indeed, pills, but only in particular places, among certain people, and for particular kinds of pharmaceuticals. Cloatre is a broadly trained scholar and tale

Please listen to the fascinating conversation I had with Susan Byrne, Associate Professor of Spanish and Director of Undergraduate Studies for Spanish at Yale University, about her new work, Law and History in Cervantes’ Don Quixote (University of Toronto Press, 2013). Byrne leads us through a close reading of Cervantes’ most famous work, revealing an overwhelming amount of legal details, all of which tie into early modern Spanish debates.Learn more about your ad choices. Visit megaphone.fm/adchoices

Jan Lemnitzer‘s new book Power, Law and the End of Privateering (Palgrave, 2014) offers an exciting new take on the relationship between law and power, exposing the delicate balance between great powers and small states that is necessary to create and enforce norms across the globe. The 1856 Declaration of Paris marks the precise moment when international law became universal, and is the template for creating new norms until today. Moreover, the treaty was an aggressive and successful British move to end privateering forever – then the United States’ main weapon in case of war with Britain. Based on previously untapped archival sources, Jan Lemnitzer shows why Britain granted generous neutral rights in the Crimean War, how the Europeans forced the United States to respect international law during the American Civil War, and why Bismarck threatened violent redemption during the Franco-German War of 1870/71. The powerful conclusion exposes the 19th century roots of our present international sy

The US Census has been an important American institution for over 220 years. Since 1790, the US population has been counted and compiled, important figures when tabulating representation and electoral votes. The Census has also captured the racial make-up of the US and has become a powerful public policy tool with both data and clout, affecting a range of policies from segregation to affirmative action. In What Is Your Race?: The Census and Our Flawed Efforts to Classify Americans (Princeton University Press 2013), Dr. Kenneth Prewitt provides a broad historical and political overview of the racial counting component of the Census, from its inception to its future. Prewitt, Carnegie Professor of Public Affairs at Columbia University, was formerly the Director the US Census Bureau, and his first-hand experience strengthens the narrative throughout the book. Prewitt’s book follows the historical ebbs and flows of the Census and race politics in the US, which are unequivocally linked. From the early era of

In Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore (Cambridge University Press, 2012), Jothie Rajah tells a compelling story of the rule of law as discourse and praxis serving illiberal ends. Through a series of case studies on legislation criminalizing vandalism and regulating the print media, legal profession, and religion in Singapore, Rajah raises critical questions about the meaning and place of law in a postcolony that celebrates colonialism as a cause of its modernity, prosperity and plurality. Terrence Halliday describes Rajah’s work as “theoretically innovative, empirically compelling, and gracefully written”, adding that it “has far-reaching consequences for national leaders who seek ‘third ways’ in which economic development is partitioned from political liberalism”. As Halliday suggests, the contents of Authoritarian Rule of Law transcend the confines of the small city-state with which it is primarily concerned, and go to glob

Today I had the pleasure of interviewing my legal history professor at Carolina Law, John V. Orth about his short story Self-Defense (14 Green Bag 2D Autumn 2010). Orth, who is well known for his more traditional legal scholarship, has made a powerful venture into fiction.  The story, which begins by describing an ordinary daily dog-walk, leads its reader into deep ponderings about the state of American law and society.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War (Vintage Books, 2004), Melvin Ely uses a trove of documents primarily found in the county court records of Prince Edward County, Virginia to unravel a rich story about the free blacks who inhabited “the gentle slope of Israel Hill.” The story begins in 1796 when Richard Randolph, a prominent Virginian and cousin to Thomas Jefferson, left a will full of fiery abolitionist sentiment that emancipated his slaves and parceled 350 acres of his land among them. Ely explores the lives of the freed people who used this land to cultivate small farms and launch successful entrepreneurial ventures. Israel on the Appomattox demonstrates that historians can gain a deep understanding of a society using legal documents as their window into the past. Ely’s research exposes the little known fact that Afro-Virginians could file (and often successfully filed) civil suits, despite not being allowed to testify

How did we come to think of spaces for the storage and circulation of body parts as “banks,” and what are the consequences of that history for the way we think about human bodies as property today? Kara W. Swanson‘s wonderful new book traces the history of body banks in America from the nineteenth century to today, focusing especially on milk, blood, and sperm. Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America (Harvard University Press, 2014) takes readers into early twentieth-century America, when doctors first turned to human bodies and their parts as sources of material to help cure their most desperate cases. As these doctors developed an expertise in harvesting body products and sought reliable and cooperative supplies thereof, human milk and blood were first transformed into commodities. Swanson’s story introduces some of the most crucial actors in this history, including wet nurses, professional blood donors, Red Cross volunteer “Grey Ladies,̶

Singapore has a well-deserved reputation as a state that stifles dissent and polices activism. But as Lynette Chua shows in Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (National University of Singapore Press, 2014), repressive government nowhere goes unchallenged, even if the forms that resistance takes are not manifest. Turning away from social movement theory that tends to valorize public protest and other forms of highly visible contentious politics, Chua tells another story: a story of contingent, incremental gains through strategic adaptation; a story of “pragmatic resistance” to authoritarianism. Mobilizing Gay Singapore is a highly readable and finely researched account of how a contemporary political movement has emerged and grown in a small Asian state, yet it is a book with a bigger story to tell about the beginnings and progress of social movements in difficult circumstances.Learn more about your ad choices. Visit megaphone.fm/adchoices

Energy Law: A Context and Practice Casebook (Carolina Academic Press, 2014) by Joshua Fershee is a new casebook designed to better prepare students for practice than traditional methods of legal education. In this interview we discuss a brief history of energy law and delve into some of the topics covered in the book including: economic regulations and market structures, climate change law, and the business of energy law.  Learn more about your ad choices. Visit megaphone.fm/adchoices

Our legal systems are rooted in rules and procedures concerning the burden of proof, the weighing of evidence, the reliability and admissibility of testimony, among much else. It seems obvious, then, that the law is in large part an epistemological enterprise.  And yet when one looks at the ways in which judges have wielded epistemological concepts, there is plenty of room for concern. In Evidence Matters: Science, Proof, and Truth in the Law (Cambridge University Press, 2014), Susan Haack brings her skill as an epistemologist to bear on a series of tangles concerning the legal concepts of proof, evidence, and reliability, especially as they apply in a series of notorious toxic tort cases. Along the way, she exposes several philosophical confusions in the law’s current understanding of the epistemological concepts it wields, and shows how her own distinctive epistemology–Foundherentism–can be useful to the law.Learn more about your ad choices. Visit megaphone.fm/adchoices

Guy Chet, Associate Professor of early American and military history at the University of North Texas, in his book The Ocean is a Wilderness: Atlantic Piracy and the Limits of State Authority, 1688-1856 (University of Massachusetts Press, 2014) makes a well-crafted argument for the persistence of Atlantic piracy in the eighteenth and nineteenth centuries, after the age of Blackbeard and Captain Kid. He asserts that piracy was not abruptly stamped out by the royal navy but remained normal rather than exceptional for a long time past the 1730s. The end of piracy is described in the traditional historical narrative as a speedy decline due to the central state’s extension of its authority into the Atlantic frontier and its monopolization of violence. Chet, following methodology established by legal and borderland historians, critiques this assessment pointing out that frontier conditions are sustainable for long periods of time. He fleshes out through each section of his work why the monopoly on violence p

Social media is a phenomenon that continues to grow and attract much attention in the form of consternation, commentary, criticism and scholarly research. Any attempt at truly understanding social media communication practices and tools requires interdisciplinary analysis, the examination of the technology from the varying perspectives of the groups of users, developers and experts with respect to the issues surrounding it.  It also should include a look at the changes social media has and continues to bring to various fields, particularly with respect to professional communication. Jeremy Lipschultz, Isaacson Professor in the School of Communication at the University of Nebraska at Omaha, discusses the impact of social media on various mass communications professions in his new book Social Media Communication: Concepts, Practices, Data, Law, and Ethics (Routledge 2014). In his book, Lipschultz examines the various theories and practices connected to social media communication, and how this emerging form of c

In Politics, Law, and Community in Islamic Thought: The Taymiyyan Moment (Cambridge University Press, 2012), Ovamir Anjum explores a timely topic, even though his focus is hundreds of years in the past. In order to present his topic Professor Anjum asks a series of foundational questions, such as: How have Muslims understood ideal government and political theology? What is the role of rulers in those politics? And what does it even mean to talk about “politics” as a category? In Anjum’s words “the relationship between Islam and politics in the classical age can neither be described as a formal divorce nor a honeymoon, but rather a tenuous and unstable separation of spheres of religious authority from political power that was neither justified in theory nor wholeheartedly accepted” (136). The “Taymiyyan Moment,” a rephrasing of the “Machiavellian Moment” comes during the life of the prodigious author, theologian, and jurist Ibn Taymiyya (1263-1328). By honi