New Books in Law

Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory body. Thomas contends that this state of affairs harms all actors in the American system: the traditional three branches of government, judges, juries, citizens, and parties to civil and criminal lawsuits. She urges reforms that will enhance juries power to not only decide cases, but to check the power of prosecutors and legislatures. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Feminine Law: Freud, Free Speech, and the Voice of Desire (Karnac Books, 2016), Psychoanalyst Jill Gentile explores the intersection between Freuds fundamental rule of free association and freedom of speech in a democracy, two subjects with obvious connections; however, as Gentile points out, surprisingly few writers have attempted to linked the two. In this interview, which spans the history of psychoanalysis and the U.S. Constitution, Gentile describes how both the psychological discipline and the political system aim at common goals, and that both psychoanalysis and democracy situate freedom in a particular space, a space governed by what Gentile calls a feminine law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Savage Portrayals: Race, Media, and the Central Park Jogger Story (Temple University Press, 2014) offers a timely reminder of how racial bias and prejudice continue to shape political perspectives and dominant media narratives. Drawing on her unique experience as a journalist covering the case, Natalie Byfield explores the media response to and framing of the Central Park Jogger case which gained national attention during the late 1980s. Byfield is a cultural sociologist, who has taught in the fields of sociology and media studies. She is an associate professor at St. John’s University in Queens, New York where her research centers on the sociology of knowledge. She examines language, media systems, and methodologies exploring their roles in the production and construction of race/class/gender inequalities. In 1989 she was a member of a reporting team nominated by the Daily News for a Pulitzer Prize relating to the papers coverage of the Central Park Jogger case. Dr. Byfield is also the recipient of a Charles H. Revson Fellowship at Columbia University and a National Science Foundation Fellowship. Her current book project is titled Minority Report: Place, Race, and Surveillance in New York City. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Damien M. Sojoyner, Assistant Professor of Anthropology at the University of California, Irvine, joins the New Books Network to discuss his recently published book, entitled First Strike: Educational Enclosures in Black Los Angeles (University of Minnesota Press, 2016). Through both ethnographic and historical analyses, First Strike explores the tragic relationship between education and the prison system in California. For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can children grow to realize their inherent rights and respect the rights of others? In Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children’s literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children’s lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child — the most widely-ratified human rights treaty — not only ensures that children have rights, it also requires that states make those rights “widely known, by appropriate and active means, to adults and children alike.” This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children’s Literature investigates children’s rights under international law — identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights — and considers the way in which those rights are embedded in children’s literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children’s rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them. Learn more at: www.jonathantodres.com Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016), a biographical picture book–the first for young children about Justice Ginsburg’s life–tells the justice’s story through the lens of her many famous dissents, or disagreements. Award-winning children’s book author, Debbie Levy, demonstrates Ruth Bader Ginsburg’s persistence and highlights notable cases in which she was a participant, such as Frontiero v. Richardson (1973), which was an important win for equal rights for women. Debbie Levy has written many powerful nonfiction narratives for children, including We Shall Overcome: The Story of a Song, The Year of Goodbyes: A True Story of Friendship, Family and Farewells, and Dozer’s Run: A True Story of a Dog and His Race. Ms. Levy is a former lawyer and newspaper editor. Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bob Mionske is a Portland, Oregon based attorney whose practice focuses on representing cyclists. He gained his cycling experience at the highest levels, riding twice as a member of the United States Olympic racing team in 1988 and 1992. Mionske was inspired to write Bicycling and the Law: Your Rights as a Cyclist (VeloPress 2007) when he realized that a popular commentary on cycling laws had not been published for over a hundred years. In the podcast Mionske discusses how early bicyclists like 19th century bicycle entrepreneur Albert Pope, established bike friendly rights of the road through protests, legislation, and litigation. Mionske also discusses common issues faced by modern cyclists and offers tips for reaching out to people who are biased against cyclists. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why is our criminal justice system so unfair? How do innocent men and women end up serving long sentences while the guilty roam free? According to law professor and scholar Adam Benforado, our systems problems stem from more than occasional bad apples; they start with deeply rooted biases we all hold and which influence the course of justice. Eugenio Duarte sat with him to discuss how these biases shape every step along the way, from how a crime is initially investigated, through the process of indicting and trying suspects, to ultimate determinations of punishment. His revelations, coming from empirical investigations and first-hand experience, are shocking and sobering. He documents them in his new book, Unfair: The New Science of Criminal Injustice (Penguin Random House, 2016), and also compels readers to take action to right the wrongs in how we delivery justice. Adam Benforado is Associate Professor of Law at Drexel University. He has published numerous scholarly articles, and his op-eds and essays have appeared in the Washington Post, the Philadelphia Inquirer, and Legal Times. Follow him on Facebook. Eugenio Duarte, Ph.D. is a licensed psychologist and psychoanalyst practicing in New York City. He treats individuals and couples, with specialties in LGBTQ issues, eating and body image problems, and relationship problems. 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

While many fans collect all kinds of memorabilia related to their favorite movies, others actually seek out and collect the actual celluloid films. For their book, A Thousand Cuts: The Bizarre Underground World of Collectors and Dealers Who Saved the Movies (University Press of Mississippi, 2016) Dennis Bartok and Jeff Joseph interviewed many of these collectors and learned about the issues they faced, both in finding their own special treasures, as well as the legal issues suffered by some of them. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Katherine Turk is assistant professor of history at University of North Carolina, Chapel Hill. Her book Equality on Trial: Gender and Rights in the Modern American Workplace (University of Pennsylvania Press, 2016) explores how women tested the boundaries of work place equality following the passing of the Title VII of the 1964 Civil Rights Act. The under staffed Equal Employment Opportunity Commission was given the task of interpreting the ambiguous meaning of sex equality. Thousands of letters flooded the commission appealing to broader notions of fairness and sexual equality. The ambiguity of the law allowed women to assert expansive interpretations to include safer workplaces, higher wages, flexible schedules, equal pay and comparable worth. The EEOC struggled to apply the law as it dealt with sex-specific protective state laws, industry practices and common sense notions of gender. The backlog of claims pressed the EEOC to narrow the definition of sex equality and turned to statistics in developing cases to be tested in the courts. Turk examines multiple legal cases, union and industry conflicts that shaped the limits of sex equality falling short of fundamental change for working class women. Title VII was a powerful weapon that weakened the sex division of labor but was unable to overturn the white, male, breadwinner standard. Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law