New Books in Law

Robert Louis Wilken, the William R. Kenan Professor Emeritus of the History of Christianity at the University of Virginia, has written an intellectual history of the ideas surrounding freedom of religion.  Liberty in the Things of God: The Christian Origins of Religious Freedom (Yale University Press, 2019) offers a revisionist history of how the ideas of freedom of conscience and freedom of religion originated in the writings of the Christian fathers of the early Church, such as Tertullian and Lactantius, during the period when Christians were a persecuted sect of the Roman Empire.  Wilken argues that it was not the political theorists of the Enlightenment who invented religious freedom in response to the wars of the Reformation, but rather the participants of the Reformation itself, including both Protestant and Catholic thinkers, who recovered ideas from the Roman-era Church fathers and used them to develop arguments about religious liberty for both individuals and faith communities.  Wilken demonstrates that the concerns about whether faith could ever be enforced by the sword were present from the beginnings of Christianity.  Wilken’s book helps inform our understanding of the origins of religious liberty, which is a concept of great import in contemporary debates about the meaning of the First Amendment’s Free Exercise and Establishment Clauses. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the intersections of race and ethnicity, borderlands studies, as well as the intersecting histories of citizenship, popular politics, national identity, emancipation, and labor. In the book, Dr. Miki explores the quandaries of citizenship in a multiracial society and challenges the idea that citizenship is an equally important and equally valued goal for everyone. The book not only demonstrates otherwise, but really helps the reader challenge these widely held assumptions in a compelling and grounded manner. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention.  In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell undertakes this critical analysis.  While there is a robust scientific consensus that there is no meaningful genetic basis for race, Russell’s analysis of the role of race in ARTs reveals that when it comes to producing kinship, race is still doing a great deal of work. Further, by arguing that race itself is a technology, Russell shows how race is both produced and productive, historically, as well as in everyday practices, techniques, and choices.  While this analysis focuses on what race does in the contemporary realm of ARTS, it illuminates the role of race, in the past and now, in constructing social reality. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States.  She portrays the witness in non-traditional genocide court trials as the moral compass.  In fact, many of these “moral witnesses” were not utilized for their testimony to identify perpetrators or mass murder, but rather a symbolic voice for survivor’s that would not normally be admissible in traditional legal proceedings.Dr. Dean is the Charles J. Still Professor of History and French at Yale University and is the author of several other books focused on morality and genocide.  The Moral Witness is part of the Cornell University Press’s series Corpus Juris: The Humanities in Politics and Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational sources, including a burgeoning migrant press, police records, passports, forged travel documents, memoirs, and diplomatic cables, Fahrenthold uncovers ethnic associations and transnational networks of migrants who sought to contribute to the betterment of their homeland. Between the Ottomans and the Entente shows how mahjar (diaspora) communities grappled with a series of enormous changes to their homeland from the Young Turk Revolution (1908), to the dissolution of the Ottoman Empire after World War I, and the imposition of the French Mandate in 1920. The book vividly illustrates the precarious position Syrians and Lebanese found themselves in as they occupied a fraught liminal space in Ottoman, French, and American law. Even so, Fahrenthold stresses the agency of the Syrian and Lebanese diaspora, which organized, petitioned, recruited soldiers for the Entente, and engaged in contentious debates over what a post-Ottoman Middle East should look like. Written in the midst of the horrific Syrian refugee crisis, as well as a rising tide of xenophobia and trenchant nationalism around the globe, Fahrenthold's exploration of migration, citizenship, repatriation, and an early American "Muslim ban" invite the reader to reflect on both past and present.Stacy Fahrenthold is an Assistant Professor of History at the University of California-Davis, where she teaches courses on global migration and modern Middle East history. She earned her PhD in History from Northeastern University and previously taught at the University of California-Stanislaus.Joshua Donovan is a PhD candidate at Columbia University's Department of History. His dissertation examines national and sectarian identity formation within the Greek Orthodox Christian community in Syria, Lebanon, and the diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. In her book, “Trash,” Censorship, and National Identity in Early Twentieth-Century Germany (Cambridge University Press, 2016), Kara Ritzheimer explains how both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany.Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today.LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus.Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (University of Chicago Press, 2019).Ben Merriman’s new book explores what he calls uncooperative federalism. He finds a deliberate conservative strategy to use the courts and state executive power to resist federal influence in state affairs. He focuses especially on Kansas and the activity of far-right conservatives in the state who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid.Merriman — a sociologist by training — is an assistant professor at the School of Public Affairs & Administration at the University of Kansas. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” father. Paternity testing, she points out, has been used to different ends in different societies: it could identify an errant progenitor or reveal a mother’s liaison. A certain paternity test result could mean economic security for a child or put a person’s life in jeopardy. Moreover, Milanich reveals the uneven application of paternity testing that has tended to protect the most privileged groups in different societies. Paternity is a transatlantic study that moves from South America to Europe and the United States, and its chapters touch upon the histories of science and medicine, gender and the family, and immigration. The podcast features fascinating case studies set in Brazil and Argentina. This book’s reflections on the making of modern paternity speak to our own time, when, for example, the U.S. government is using DNA testing at the border to separate “real” kin from “fictitious” families, as Milanich explains to podcast listeners. The stakes of knowing the father go far beyond determining biological progenitors, and this book vividly reconstructs the political uses and cultural implications of the paternity test.Rachel Grace Newman is joining Smith College in July 2019 as Lecturer in the History of the Global South. She has a Ph.D. in History from Columbia University, and her dissertation was titled “Transnational Ambitions: Student Migrants and the Making of a National Future in Twentieth-Century Mexico.” She is also the author of a book on a binational program for migrant children whose families divided their time between Michoacán, Mexico and Watsonville, California. She is on Twitter (@rachelgnew). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Vory: Russia’s Super Mafia (Yale University Press, 2018) by Mark Galeotti is an engrossing read about a topic mainstream scholarship has largely ignored: Russia’s criminal underworld. With Galeotti as our guide, we delve into the colorful world of the vory v zakone or “thieves of the code,” with their flamboyant nicknames, esoteric rituals, and vibrant body tattoos, which Galeotti explains are very much a gangster’s CV.The Vory traces the development of the Russian underworld  from the horse bandits and bank robbers of the nineteenth century, through the chaos of the Revolution and the Civil, when, as Galeotti says, “… the Bolsheviks won the war but lost their souls.”  Galeotti’s scholarship shines through the section on the vast sea change that takes place when during The Terror as the gangsters are co-opted by the State to help regulate the Gulag system.  The resulting “turf war” creates a new post-war type of gangster, the “avtorityet,” who adapt to service the needs of a society in chaotic transition.The Vory also looks at the ways the Putin administration has tamed the underworld, but also the ways in which the State and the underworld are now intrinsically linked; the government even outsources unseemly tasks to the underworld, as is clear in both the 2014 Annexation of Crimea and the ongoing frozen conflict in Donbas.Galeotti first became interested in Russian organized crime while interviewing veterans of Russia’s war with Afghanistan for his doctorate research.  He noted that many of the Afgantsy were drifting into ranks of the vorovsky mir or “thieves world.”  Since that time, he has delved into the topic with a unique methodology that fuses scholarship with personal encounter.  It takes a special researcher to ride around Moscow’s dodgy neighborhoods in a rickety squad car wearing a well-used bullet-proof vest, but Galeotti’s time has certainly not been wasted.  “The Vory” is a thrilling and gripping read filled with larger-than-life, compelling characters and spot-on historical analysis.  It is marvelous window into a secret world that is constantly evolving.Jennifer Eremeeva is an American expatriate writer who divides her time between Riga, Latvia, and New England.  Jennifer writes about travel, food, lifestyle, and Russian history and culture with bylines in Reuters, Fodor’s, The Moscow Times, and Russian Life.  She is the in-house travel blogger for Alexander & Roberts, and the award-winning author of  Lenin Lives Next Door:  Marriage, Martinis, and Mayhem in Moscow.  Follow Jennifer on Twitter, Instagram, and Facebook or visit jennifereremeeva.com for more.    Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law