New Books in Law

In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields.Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today.Ryan Tripp is adjunct history faculty for 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

Demetra Kasimis’s new book, The Perpetual Immigrant and the Limits of Athenian Democracy (Cambridge University Press, 2018) interrogates the role and unstable place of the metics (metoikoi) in Athenian society.  The book focuses on three different presentations and discussions of the metics, in Euripides’ Ion, in Plato’s Republic, and in Demosthenes’ Against Euboulides. The metic, as Kasimis explores, is a classification of individuals within Athenian democracy for those who do not have Athenian blood—they are neither insiders nor outsiders. This whole class of people, who were free and enjoyed certain rights within the society, were, nonetheless, in a kind of liminal space, on the border between citizenship and those excluded from citizenship, like slaves, children, and others.  The Perpetual Immigrant, which is the kind of position that metics found themselves in, since neither they nor their offspring could become citizens, exposes the “fraught and shifting meaning of the democratic citizen itself.” Kasimis deep research and theorizing about the metics, as discussed in these three classical texts, is not limited to ancient Athens, and the questions she considers are as important to pose to contemporary democracies as they were to Athenian democracy. Her work here, in this Cambridge University Press series, "Classics After Antiquity," is vital in a number of ways, since the arguments are not only about the substance of the text, but also about how and why we read texts. Thus, we learn a great deal from The Perpetual Immigrant in terms of the substance of classical texts, and our understanding who is or is not a citizen within a democracy, and how that contributes to the way that the democracy understands itself and those who live within it. We are also to consider, as readers and scholars, the way in which we read and why we read certain texts, what we hope to learn from them, and what makes them important to consider.This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We’re all familiar with the ways in which speech can cause harm. For example, speech can incite wrongful acts. And I suppose we’re also familiar with contexts in which a person who occupies a position of authority can harm others simply by speaking – as when a boss announced and thereby institutes a discriminatory office policy. In such cases, the announcement is itself a harm in addition to the harm of the instituted policy – the boss’s announcement constitutes a harm and does not only cause harm. Once we’ve see the ways in which authoritative speech can constitute harm, we might look for mechanisms other than speaker authority by means of which speech can be constitutively harmful.In her new book, Just Words: On Speech and Hidden Harm (Oxford University Press, 2019), Mary Kate McGowan identifies a previously overlooked mechanism by which speech can be harm. On her analysis, one needn’t be positioned in an authoritative role to speak in ways that constitute harm. Rather, everyday communicative acts can constitute – and not simply cause – harm.Mary Kate is the Margaret Capp Distinguished Alumna Professor of Philosophy at Wellesley College. She works primarily in metaphysics, philosophy of language, feminist philosophy, and philosophy of law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Practical Terrorism Prevention: Reexamining U.S. National Approaches to Addressing the Threat of Ideologically Motivated Violence (RAND Corporation, 2019), examines past countering-violent-extremism (CVE) efforts, evaluates Department of Homeland Security (DHS) and interagency efforts to respond to ideological radicalization to violence, and recommends strengthening programs focused on non-law enforcement means to address the threat of terrorism.The authors (Brian A. Jackson, Ashley L. Rhoades, Jordan R. Reimer, Natasha Lander, Katherine Costello, and Sina Beaghley) found that current terrorism prevention capabilities are relatively limited. Most initiatives are implemented locally or outside government, and only a subset receive federal support. Among interviewees in law enforcement, government, and some community organizations, there is a perceived need for a variety of federal efforts to help strengthen and broaden local and nongovernmental capacity. However, doing so will be challenging, since concerns about past counterterrorism and CVE efforts have significantly damaged trust in some communities. As a result, terrorism prevention policy and programs will need to focus on building trust locally, and designing programs and federal activities to maintain that trust over time.This books available open access here.Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Outsiders: Why Difference is the Future of Civil Rights(Oxford University Press, 2019) by Zachary Kramer (Oxford University Press, 2019) sets forth an imaginative critique of the way that civil rights law currently fulfills its mission. Using stories that lucidly illustrate the gap between the aspiration of civil rights law and the lived reality, Professor Kramer proposes a new approach. Drawing on existing protections for disability and for religious practice, Professor Kramer outlines the way that a right to personality, combined with an accommodation-focused inquiry, could update and refresh our approach to civil rights.Zachary Kramer is Associate Dean of Faculty, Professor of Law, and Willard H. Pedrick Distinguished Research Scholar at the Sandra Day O'Connor College of Law at Arizona State University.Künga Tenje is an independent librarian in Virginia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ballot initiatives offer voters the chance to directly determine the outcome of state policy change. Do Americans who vote on initiatives grow in political efficacy and participate more in the future? Or is the initiative process ultimately undemocratic in the sense that those who participate grow less interested in participating over time? Ultimately, are there spillover effects of direct democracy?Joshua Dyck and Edward Lascher take on these questions in Initiatives without Engagement: A Realistic Appraisal of Direct Democracy’s Secondary Effects (University of Michigan Press 2019). Dyck is Associate Professor of Political Science and Co-Director of the Center for Public Opinion at the University of Massachusetts Lowell; Lascher, Jr is Professor of Public Policy and Administration at California State University, Sacramento.Initiatives without Engagement challenges what democratic reformers have thought about the initiative process since the Progressive Era. The findings suggest that ballot initiatives lead to higher voter turnout but not to higher political interest. There is also a partisan dimension to the findings.  Independents are the least mobilized by ballot initiatives, while Republicans and Democrats are more likely to register to vote, possibly explained by the incentives of ideological political entrepreneurs who sponsor initiatives. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The development of a whole suite of new reproductive technologies in recent decades has contributed to broad cultural conversations and controversies over the meaning of family in the United States. In Romancing the Sperm: Shifting Biopolitics and the Making of Modern Families (Rutgers University Press, 2018), Diane Tober analyzes how sperm donation fits into this larger landscape of reproductive choices, politics, and policies. Drawing on a rich body of interviews conducted in the 1990’s with people who worked at sperm banks, people who donated sperm, and people who sought to become pregnant by using donated sperm, she illuminates the many motivations that lead people to become involved in alternative processes of family formation. She also demonstrates that a certain kind of “romance” – that is, the imaginative creation of a romantic ideal – can still permeate people’s ideas and experiences of creating children with donor sperm, despite the medicalization of the process. This book will be useful not only for those who are interested in medical anthropology and the anthropology of reproduction, but also anyone who wants to rethink traditional notions of family formation.Dannah Dennis is an anthropologist who studies citizenship, nationalism, and social media, primarily in Nepal. You can find her work at her website and her random musings on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Campaigns against prostitution of young people in the United States have surged and ebbed multiple times over the last fifty years. Carrie Baker's Fighting the US Youth Sex Trade: Gender, Race, and Politics (Cambridge University Press, 2018) examines how politically and ideologically diverse activists joined together to change perceptions and public policies on youth involvement in the sex trade over time, reframing 'juvenile prostitution' of the 1970s as 'commercial sexual exploitation of children' in the 1990s, and then as 'domestic minor sex trafficking' in the 2000s. Based on organizational archives and interviews with activists, Baker shows that these campaigns were fundamentally shaped by the politics of gender, race and class, and global anti-trafficking campaigns. The author argues that the very frames that have made these movements so successful in achieving new laws and programs for youth have limited their ability to achieve systematic reforms that could decrease youth vulnerability to involvement in the sex trade. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford University Press, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019).The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class.“There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College.In the podcast, Theoharis shows how African-Americans have faced discrimination in everything from pre-Civil War legal codes in New York, to 20th-century government programs like Social Security and the G.I. bill. She and Harpaz also discuss the ways in which the legacy of these racist policies persist today in public education, the criminal justice system, and other aspects of American society. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law