New Books in Law

Strange Trips isn’t only the title of Dr. Lucas Richert’s new book; it’s also a good description of the journey substances take from the black market to the doctor’s black bag—and, sometimes, back to the black market again. In Strange Trips: Science, Culture, and the Regulation of Drugs (McGill-Queens UP, 2019), Richert investigates the myths, meanings, and boundaries of recreational drugs, palliative care drugs, and pharmaceuticals, as well as struggles over product innovation, consumer protection, and freedom of choice in the medical marketplace. Focusing primarily on the United States and Canada, Richert shows how perceptions of products can swiftly change, and incorporates analyses of popular culture, science, politics and history to trace the strange trips drugs consistently go on as their uses evolve.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States Supreme Court operates to resolve disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. Yet a Court that prioritizes resolving many disputes sometimes will produce contradictory opinions or fail to provide a rationale for its decision at all. In either case, it produces an unreasoned judgment. When does the Court do this and is this on the rise?Matthew Hitt has written Inconsistency and Indecision in the United States Supreme Court (University of Michigan Press, 2019) to answer this question. Hitt is assistant professor of political science at Colorado State University.In Inconsistency and Indecision in the United States Supreme Court, Hitt demonstrates that over time, institutional changes have substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. As such, though the Supreme Court historically emphasized dispute resolution, it has evolved into a Court that prioritizes the goal of logically consistent doctrine. Consequently, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of New Books in Law Siobhan talks with Candy Gunther Brown about her book Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion? (UNC Press, 2019). Dr. Brown is a professor in the Department of Religious Studies at Indiana University Bloomington. She is a historian and ethnographer of religion and culture.Yoga and mindfulness activities, with roots in Asian traditions such as Hinduism or Buddhism, have been brought into growing numbers of public schools since the 1970s. While they are commonly assumed to be secular educational tools, Candy Gunther Brown asks whether religion is truly left out of the equation in the context of public-school curricula. An expert witness in four legal challenges, Brown scrutinized unpublished trial records, informant interviews, and legal precedents, as well as insider documents, some revealing promoters of “Vedic victory” or “stealth Buddhism” for public-school children. The legal challenges are fruitful cases for Brown’s analysis of the concepts of religious and secular.While notions of what makes something religious or secular are crucial to those who study religion, they have special significance in the realm of public and legal norms. They affect how people experience their lives, raise their children, and navigate educational systems. The question of religion in public education, Brown shows, is no longer a matter of jurisprudence focused largely on the establishment of a Protestant Bible or nonsectarian prayer. Instead, it now reflects an increasingly diverse American religious landscape. Reconceptualizing secularization as transparency and religious voluntarism, Brown argues for an opt-in model for public-school programs.This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Elizabeth Herbin-Triant is the author of Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods, published by Columbia University Press in 2019. Threatening Property examines the campaigns for residential segregation in early-20th century North Carolina. Looking at the intersections of both race and class, Herbin-Triant explores how white supremacy was divided along class, pitting elite whites against their poorer counterparts, as Jim Crow America increasingly held back Black Americans.Elizabeth Herbin-Triant is an Assistant Professor of History at the University of Massachusetts, Lowell. She studies U.S. history, with a particular interest in African-American history, urban history, and histories of racial capitalism, slavery, and segregation.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

Putting premodern theology and poetry in dialogue with contemporary theory and politics, Queer Faith: Reading Promiscuity and Race in the Secular Love Tradition (NYU Press, 2019) reassess the commonplace view that a modern veneration of sexual monogamy and fidelity finds its roots in Protestant thought. What if this narrative of “history and tradition” suppresses the queerness of its own foundational texts? Queer Faith examines key works of the prehistory of monogamy—from Paul to Luther, Petrarch to Shakespeare—to show that writing assumed to promote fidelity in fact articulates the affordances of promiscuity, both in its sexual sense and in its larger designation of all that is impure and disorderly. At the same time, Melissa E. Sanchez resists casting promiscuity as the ethical, queer alternative to monogamy, tracing instead how ideals of sexual liberation are themselves attached to nascent racial and economic hierarchies. Because discourses of fidelity and freedom are also discourses on racial and sexual positionality, excavating the complex historical entanglement of faith, race, and eroticism is urgent to contemporary queer debates about normativity, agency, and relationality.Deliberately unfaithful to disciplinary norms and national boundaries, this book assembles new conceptual frameworks at the juncture of secular and religious thought, political and aesthetic form. It thereby enlarges the contexts, objects, and authorized genealogies of queer scholarship. Retracing a history that did not have to be, Sanchez recovers writing that inscribes radical queer insights at the premodern foundations of conservative and heteronormative culture. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War (Cambridge University Press, 2019) shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin, Professor of History at Eastern Washington University, demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, secession vs. union, and counter-majoritarianism vs. democracy.Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amanda L. Tyler is the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, published by Oxford University Press in 2017. Habeas Corpus in Wartime is a comprehensive history of the writ of habeas corpus in Anglo-America. From its early beginnings, to the English Habeas Corpus Act of 1679, to its suspension during the American Civil War, to WWII internment camps, to the War on Terror, Tyler provides a compelling look at how important the writ has been during wartime.Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law. Her areas of research include the federal judiciary, separation of powers, habeas corpus, civil procedures, and the emergency Constitution.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

In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Hendrik Hartog about his book The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North (UNC Press, 2018). The Trouble with Minna is also used as a vessel to explore some of the topics discussed in Law and Social Inquiry's May 2019 “Review Symposium: Retrospective on the Work of Hendrik Hartog.” Hartog is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty, Emeritus at Princeton University. This episode is the first in a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program.In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna’s case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a “mere voluntary courtesy”—became routine in a wide range of subsequent cases about “good Samaritans.” Using Minna’s case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free.In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world.Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Matthew Crow about his book Thomas Jefferson, Legal History, and the Art of Recollection, published by Cambridge University Press in 2017.  Crow studies how Jefferson’s association with legal history was born out of America’s long history as part of an early modern empire and the political thought which preceded him. By examining how Jefferson’s own development within this world, Crow finds that legal history was a mode of organizing and governing collective memory, which Jefferson deployed in his own constitutional, political, and racial thinking.Matthew Crow Associate Professor of History at Hobart and William Smith Colleges. He specializes in Early American, intellectual, and constitutional history.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

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function.Debating the American State: Liberal Anxieties and the New Leviathan, 1930-1970 (University of Pennsylvania Press, 2015) traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne M. Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.Stephen Colbrook is a graduate student at University College London, where he is researching a dissertation on the interaction between HIV/AIDS and state policy-making. This work will focus on the political and policy-making side of the epidemic and aims to compare the different contexts of individual states, such as California, Florida, and New Jersey. Stephen can be contacted at stephencolbrook@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law