New Books in Law

In his book The Hidden History of International Law in The Americas: Empires and Legal Networks (Oxford University Press, 2017), Juan Pablo Scarfi shows the central role of a coterie of elite Latin American jurists and intellectuals in constructing a Pan-American inflected conception of international law.In exploring the rise of so-called “American” international law, Scarfi’s monograph contributes to the now burgeoning literature on the rise of global governance, by showing how many of the legal ideas that came to serve as the foundation of organizations like the United Nations were first experimented with in Latin America.While much previous work on international law during the twentieth century has often left Latin America out of the picture or given it a peripheral role, this important monograph positions Latin America at the center of the development of modern ideas about international law and highlights the global legal networks that allowed for spirited exchanges between Latin American, North American, and European legal elites.Juan Pablo Scarfi is a Research Associate at the Argentine National Scientific and Technical Research Council (CONICET), and teaches international relations and international law at the School of Politics and Government at the National University of San Martín, Argentina.Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Paulo Drinot’s The Sexual Question: A History of Prostitution in Peru, 1850s-1950s (Cambridge University Press, 2020), studies the interplay of sexuality, society, and the state in Peru in the nineteenth and twentieth centuries. Drinot analyzes the rules and norms that governed prostitution and venereal disease in this period, and tracks how regulation of prostitution was implemented in the early twentieth century, and then seemingly abandoned in the 1950s. Drinot’s story foregrounds the many agents that intervened in this process: prostitutes––or sex workers as we may call them today––but also government officials, physicians, journalists, feminists, among others.Set in a global and comparative framework, this book centers on Peru, a country that came “late” to the regulation of prostitution, and did so under arguments that combined concerns about public health and ideas about proper female and male sexuality. The Sexual Question goes beyond the history of prostitution for it also sheds light on broader processes such as the medicalization of society and the construction of the nation-state in Latin American societies. Race figures prominently in this story: throughout this period, the regulation of prostitution was accompanied by the racialization of disease, and the policing of certain groups deemed especially dangerous or in need of protection (Afro-Peruvians and indigenous groups for example). This is a timely book, not only for those listeners concerned with Latin American history, but also for those who are interested in sexuality, the state, race, and medical history more generally. A must for our listeners!Lisette Varón-Carvajal is a PhD Candidate at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater.The Legacy of Racism for Children: Psychology, Law and Public Policy (Oxford University Press) examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy.Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants.The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy.In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.Margaret C. Stevenson is Associate Professor at the University of Evansville. She has published over 30 peer-reviewed articles, chapters, and an edited volume related to jury decision-making.Bette L. Bottoms is Professor of Psychology and Dean Emerita of the Honors College at The University of Illinois at Chicago. She is Fellow of the American Psychological Association (APA) and a past president of APA's Society for Child and Family Policy and Practice and Section on Child Maltreatment.Kelly C. Burke is a doctoral candidate in the Social Psychology Program at The University of Illinois at Chicago. Her research on the influence of prejudice and case evidence (e.g., body-worn camera footage) on juror decision making has been published in peer-reviewed journals and books and funded by the American Psychology-Law Society's Diversity Research Award and the Society for the Psychological Study of Social Issues Grant-in-Aid Award.Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Sovereignty (Northwestern University Press, 2020) playwright Mary Kathryn Nagle weaves together two stories separated by 170 years but joined by a common dilemma: how can Cherokee people fight for justice under an unjust colonial legal framework? In present-day Oklahoma, Sarah Ridge Polson attempts to bring her abuser to justice using the Violence Against Women Act. In 1835, her ancestors try to defend the inherent jurisdiction of the Cherokee Nation against the encroachments of the state of Georgia. Nagle combines her art as a playwright with her training as a lawyer to craft a taught legal drama that illuminates the complexities of these issues. This is a play about how history is always with us, even when that history has been repressed for generations.Andy Boyd is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at andyjamesboyd@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With such high levels of residential segregation along racial lines in the United States, gentrifying neighborhoods present fascinating opportunities to examine places with varying levels of integration, and how people living in them navigate the thorny politics of race. Among the many conflicts revolving around race under gentrification is crime and its relationship with the displacement and marginalization of a neighborhood’s existing low-income minority groups.Contributing to this conversation is sociologist Jan Doering, whose new book Us versus Them: Race, Crime, and Gentrification in Chicago Neighborhoods (Oxford University Press, 2020) examines the strategic practices of two groups in that city’s Rogers Park and Uptown neighborhoods: “public safety” advocates, or people who were very concerned with crime and active in a variety of local initiatives to address it; and “social justice” advocates, or people who were more concerned with resisting gentrification and keeping their neighborhood racially and socioeconomically diverse.In documenting their efforts and clashes through three years of fieldwork, Doering focuses on two forms of racial claims-making each camp of residents uses to make its case: racial challenges, or charges of racially problematic behavior, and racial neutralizations, or any defensive or reparative responses to racial failings. Revealing links between how anticrime initiatives can amplify gentrification and contribute to marginalization through the invocation of race as they negotiate the politics of crime and gentrification, the book provides a highly nuanced, and quite timely, analysis of everyday battles over racial meanings with great resonance for today’s political climate.Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), and editor of Urban Ethnography: Legacies and Challenges (Emerald, 2019) and Ethnography and the City: Readings on Doing Urban Fieldwork (Routledge, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Verónica Martínez-Matsuda about her book Migrant Citizenship: Race, Rights, and Reform in the U.S. Farm Labor Camp Program (University of Pennsylvania Press).Migrant Citizenship exams the Farm Security Administration’s Migratory Labor Camp Program, and its role in the daily lives of a diverse number of farmworker families. Martínez-Matsuda thoroughly investigates the way public policy was used to intervene in the lives of migrant workers, and how these workers sought to transform their own lives and the country around them through appealing to American democratic principles and forming movements to pursue social justice and civil rights.Martínez-Matsuda’s study showcase the many ways that the FAS’s history, and these migrant workers, is integral to understanding both historical and modern struggles in farm labor relations.Verónica Martínez-Matsuda is an Associate Professor at Cornell University’s ILR School.Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Ronald Reagan appointed Sandra Day O’Connor to the Supreme Court in 1981, nine highly qualified women were on the shortlist. What do the stories of these women tell us about the judiciary? Gender? Feminism? Race?In Shortlisted: Women in the Shadows of the Supreme Court (NYU Press, 2020), Renee Knake Jefferson (professor at the University of Houston Law Center) and Hannah Brenner Johnson (Vice Dean and a law professor at California Western School of Law in San Diego) demonstrate how highly (and often overly) qualified woman are shortlisted by presidents -- from Herbert Hoover to Donald Trump -- to create the appearance of diversity before a (white) man is selected to preserve the status quo. Short-listing isn’t success but symptom of a problem.Jefferson and Johnson’s research in presidential libraries, private papers, oral histories, the Nixon tapes, and biographies reveals that presidents as early as Herbert Hoover began discussing female candidates – though presidents set aside overly qualified women for decades. The first half of this nuanced book explores the first woman considered (Florence Allen), five judges who were on the short lists of JFK, LBJ, Nixon, and Ford, and female judges who were short-listed alongside Sandra Day O’Connor (including the first Black female judge, Amalya Lyle Kearse). The histories of each candidate map onto the waves of feminism, reflect on the role of marriage, motherhood, and sexuality, and allow the authors to identify the harms of short-listing.The details are revealing about both past and present and the second half of the book addresses how to apply the lessons learned from these decades of paying lip-service to diversity. How can candidates transition from shortlisting to selection? Jefferson and Johnson discuss tokenism, the burdens of being a gender spokesperson, racism, ageism, and the binds of femininity and “respectability.” The authors demonstrate how the selection of women for the Supreme Court impacts other aspects of the legal system and beyond. Although the number of men and women entering law school and entry-level legal positions are equal, the rate at which men reach leadership positions is considerably faster than women. This phenomenon can be seen in many fields where there is a pursuit of professional advancement. The authors conclude with strategies such as “collaborating to compete” to reform the American legal system.Daniella Campos assisted with this podcast.Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Movement for Reproductive Justice: Empowering Women of Color through Social Activism (NYU Press, 2020), Pat Zavella shows how reproductive justice organizations' collaborative work across racial lines provides a compelling model for other groups to successfully influence change.In the context of the war on women's reproductive rights and its disproportionate effect on women of color, and increased legal violence toward immigrants, The Movement for Reproductive Justice demonstrates that a truly intersectional movement built on grassroots organizing, culture shift work, and policy advocating can offer visions of strength, resiliency, and dignity for all.Dr. Pat Zavella is Professor Emerita in the Department of Latin American and Latino Studies at the University of California, Santa Cruz. She is also the author of I’m Neither Here nor There: Mexicans’ Quotidian Struggles with Migration and Poverty and coauthor of Telling to Live: Latina Feminist Testimonios.Dr. Isabel Machado is a Postdoctoral Fellow in Gender and Sexuality Studies at the Department of History of the University of Memphis. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous detective and others hid their violence, and the arduous struggle to get Burge fired and win reparations for survivors.He blends legal and social history with ethnography to chronicle the labyrinthine legal system that concealed this torture, and the challenges of political coalition-building across class, race, and prison walls. The result is a history of the fraying reform discourse with which we live.Andrew S. Baer is assistant professor of history with a secondary appointment in African American studies at the University of Alabama at Birmingham.Patrick Reilly studies US history, race, and civilian cooperation with police at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evaluating the interwoven trajectories of the people, like itinerant ship-workers and colonial magistrates, who built France’s first empire in the Atlantic and Indian Oceans in the long eighteenth century. Imperial subjects like these sought political and legal influence via law courts, with strategies that reflected local and regional priorities, especially in regards to slavery, war, and trade. Courts became liaisons between France and new colonial possessions.Byline: Dr. Julia M. Gossard is assistant professor of history and distinguished assistant professor of honor’s education at Utah State University. A historian of 18th-century France, Julia’s manuscript, Young Subjects, examines children as important actors in social reform, state-building, and imperial projects across the early modern French world. Dr. Gossard is active on Twitter. To learn more about her teaching, research, and experience in digital humanities, visit her website. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law