New Books in Law

The year 1972 is often hailed as an inflection point in the evolution of women's rights. Congress passed Title IX of the Education Amendments of 1972, a law that outlawed sex-based discrimination in education. Many Americans celebrate Title IX for having ushered in an era of expanded opportunity for women's athletics; yet fifty years after its passage, sex-based inequalities in college athletics remain the reality. James N. Druckman and Elizabeth A. Sharrow's book Equality Unfulfilled: How Title IX's Policy Design Undermines Change to College Sports (Cambridge UP, 2023) explains why. The book identifies institutional roadblocks - including sex-based segregation, androcentric organizational cultures, and overbearing market incentives - that undermine efforts to achieve systemic change. Drawing on surveys with student-athletes, athletic administrators, college coaches, members of the public, and fans of college sports, it highlights how institutions shape attitudes toward gender equity policy. It offers novel lessons not only for those interested in college sports but for everyone seeking to understand the barriers that any marginalized group faces in their quest for equality.Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In A Constitutional Culture: New England and the Struggle Against Arbitrary Rule in the Restoration Empire (U Pennsylvania Press, 2023), Adrian Chastain Weimer uncovers the story of how, more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.With the return of Charles II to the English throne in 1660, the puritan-led colonies faced enormous pressure to conform to the crown's priorities. Charles demanded that puritans change voting practices, baptismal policies, and laws, and he also cast an eye on local resources such as forests, a valuable source of masts for the English navy. Moreover, to enforce these demands, the king sent four royal commissioners on warships, ostensibly headed for New Netherland but easily redirected toward Boston. In the face of this threat to local rule, colonists had to decide whether they would submit to the commissioners' authority, which they viewed as arbitrary because it was not accountable to the people, or whether they would mobilize to defy the crown.Those resisting the crown included not just freemen (voters) but also people often seen as excluded or marginalized such as non-freemen, indentured servants, and women. Together they crafted a potent regional constitutional culture in defiance of Charles II that was characterized by a skepticism of metropolitan ambition, a defense of civil and religious liberties, and a conviction that self-government was divinely sanctioned. Weimer shows how they expressed this constitutional culture through a set of well-rehearsed practices--including fast days, debates, committee work, and petitions. Equipped with a ready vocabulary for criticizing arbitrary rule, with a providentially informed capacity for risk-taking, and with a set of intellectual frameworks for divided sovereignty, the constitutional culture that New Englanders forged would not easily succumb to an imperial authority intent on consolidating its power.Crawford Gribben is a professor of history at Queen’s University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Derk Venema's edited volume Supreme Courts Under Nazi Occupation (Amsterdam UP, 2022) is the first extensive treatment of leading judicial institutions under Nazi rule in WWII. It focusses on all democratic countries under German occupation, and provides the details for answering questions like: how can law serve as an instrument of defence against an oppressive regime? Are the courts always the guardians of democracy and rule of law? What role was there for international law? How did the courts deal with dismissals, new appointees, new courts, forced German ordinances versus national law? How did judges justify their actions, help citizens, appease the enemy, protest against injustice? Experts from all democracies that were occupied by the Nazis paint vivid pictures of oppression, collaboration, and resistance. The results are interpreted in a socio-legal framework introducing the concept of 'moral hygiene' to explain the clash between normative and descriptive approaches in public opinion and scholarship concerning officials' behaviour in war-time. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Indian Supreme Court was established nearly seventy-five years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the self-appointments process-known as the collegium-is just another 'old boy's network'. Building on nearly a decade of original empirical research, Aparna Chandra's book Court on Trial: A Data-Driven Account of the Supreme Court of India (India Viking, 2023) examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present data-driven suggestions for improving the effectiveness and integrity of the Court. 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 Aaron Tang about his new book Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023).The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is.Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself.To restore the Court's legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach--ranging from LGBTQ rights to immigration to juvenile justice--Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Traci Cipriano's book The Thriving Lawyer: A Multidimensional Model of Well-Being for a Sustainable Legal Profession (Routledge, 2023) is based on an innovative model, grounded in science. This book serves as a resource for promoting well-being and culture-change in the legal community by educating about pertinent issues impacting lawyers, and how to address them. It is a roadmap, highlighting the many over-arching and inter-connected aspects of well-being, and enabling readers to identify and target the issues most relevant to their unique situations.Along with practical strategies, the book provides a big-picture framework, illustrating how the many intersecting individual and organizational factors which influence well-being are all related, yet separate and distinct. The framework provides a foundation for creating change, and where you focus first will depend on the needs, the situation, and any unique challenges faced by you or your organization.The Thriving Lawyer explains why, in addition to self-care, change is needed on the organizational level in terms of workplace culture and policies, as well as normalizing self-care and eradicating stigma. This book is intended to benefit individual lawyers, their organizations, and professionals who support them, by educating, motivating, and promoting self-care and healthy work environments.Karyne Messina is a licensed psychologist and psychoanalyst at the Washington Baltimore Center for Psychoanalysis and am on the medical staff of Suburban Hospital in Bethesda, Maryland. She is the author of Resurgence of Populism: A Psychoanalytic Study of Projective Identification, Blame Shifting and the Corruption of Democracy (Routledge, 2022). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New York Times tech reporter Kashmir Hill was skeptical when she got a tip about a mysterious app called Clearview AI that claimed it could, with 99 percent accuracy, identify anyone based on just one snapshot of their face. The app could supposedly scan a face and, in just seconds, surface every detail of a person’s online life: their name, social media profiles, friends and family members, home address, and photos that they might not have even known existed. If it was everything it claimed to be, it would be the ultimate surveillance tool, and it would open the door to everything from stalking to totalitarian state control. Could it be true?In this riveting account, Hill tracks the improbable rise of Clearview AI, helmed by Hoan Ton-That, an Australian computer engineer, and Richard Schwartz, a former Rudy Giuliani advisor, and its astounding collection of billions of faces from the internet. The company was boosted by a cast of controversial characters, including conservative provocateur Charles C. Johnson and billionaire Donald Trump backer Peter Thiel—who all seemed eager to release this society-altering technology on the public. Google and Facebook decided that a tool to identify strangers was too radical to release, but Clearview forged ahead, sharing the app with private investors, pitching it to businesses, and offering it to thousands of law enforcement agencies around the world.Facial recognition technology has been quietly growing more powerful for decades. This technology has already been used in wrongful arrests in the United States. Unregulated, it could expand the reach of policing, as it has in China and Russia, to a terrifying, dystopian level.Your Face Belongs to Us: A Secretive Startup's Quest to End Privacy as We Know It (Random House, 2023) is a gripping true story about the rise of a technological superpower and an urgent warning that, in the absence of vigilance and government regulation, Clearview AI is one of many new technologies that challenge what Supreme Court Justice Louis Brandeis once called “the right to be let alone.”Jake Chanenson is a computer science Ph.D. student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amidst increasing acrimony and political strain, many worry that democratic governance has an expiration date. To answer these concerns, Josiah Ober looks to the ancients. Here, he discusses his recent book (co-authored with Brook Manville), The Civic Bargain: How Democracies Survive (Princeton UP, 2023). How did democracies like Athens, Rome, and England overcome the challenges that accompanied wealth and expansion? How did the ancients influence the American Founders? What lessons can they teach us for preserving democracy today?Josiah Ober is the Constantine Mitsotakis Professor in the School of Humanities and Sciences at Stanford University and Senior Fellow at the Hoover Institution. In addition to The Civic Bargain, he is the author of The Rise and Fall of Classical Greece, Democracy and Knowledge: Innovation and Learning in Classical Athens, and The Greeks and the Rational: The Discovery of Practical Reason. He is also the Director of the Stanford Civics Initiative.Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A prize-winning scholar draws on astonishing new research to demonstrate how Black people used the law to their advantage long before the Civil Rights Movement.The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement.In Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023), acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these “rights of everyday use,” Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself—the laws all of us live under today.Penningroth’s narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story—their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life—a vision allied with, yet distinct from, “the freedom struggle.”Katrina Anderson is a doctoral candidate at the University of Delaware. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Do individuals have the right to “keep and bear” arms? Do “the people” have any collective rights to public safety? Now that the United States Supreme Court requires each side to argue based on the “history” and “tradition” of 1791 and 1868, what do scholars tell us about legal practices and public understanding in those times? Dr. Laura F. Edwards argues that Americans in the South transformed their understanding of inequality during the half century following the Revolutionary War. Drawing on extensive archival research in North and South Caroline, she outlines the changes in the legal system, highlighting the importance of localized legal practices that favored maintaining the "peace”: a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. People without rights – even those enslaved – “had influence within the system because of their positions of subordination, not in spite of them.” Edwards documents how, by the 1830s, state leaders secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (UNC Press, 2009) concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans.This award-winning 2009 book is now central to a new Supreme Court case (United States v. Rahimi) dealing with domestic violence and guns – and has been cited in the legal briefs.Dr. Laura F. Edwards is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty at Princeton University and the award-winning author of four books. Most recently, she wrote Only the Clothes on Her Back: Textiles, Law, and Commerce in the Nineteenth-Century United States published by Oxford in 2022. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law