New Books in Law

On December 4, 1931, a mob of white men in Salisbury, Maryland, lynched and set ablaze a twenty-three-year-old Black man named Matthew Williams. His gruesome murder was part of a wave of silent white terrorism in the wake of the stock market crash of 1929, which exposed Black laborers to white rage in response to economic anxieties. For nearly a century, the lynching of Matthew Williams has lived in the shadows of the more well-known incidents of racial terror in the deep South, haunting both the Eastern Shore and the state of Maryland as a whole. In The Silent Shore: The Lynching of Matthew Williams and the Politics of Racism in the Free State (Johns Hopkins UP, 2022), author Charles L. Chavis Jr. draws on his discovery of previously unreleased investigative documents to meticulously reconstruct the full story of one of the last lynchings in Maryland.Bringing the painful truth of anti-Black violence to light, Chavis breaks the silence that surrounded Williams's death. Though Maryland lacked the notoriety for racial violence of Alabama or Mississippi, he writes, it nonetheless was the site of at least 40 spectacle lynchings after the abolition of slavery in 1864. Families of lynching victims rarely obtained any form of actual justice, but Williams's death would have a curious afterlife: Maryland's politically ambitious governor Albert C. Ritchie would, in an attempt to position himself as a viable challenger to FDR, become one of the first governors in the United States to investigate the lynching death of a Black person. Ritchie tasked Patsy Johnson, a member of the Pinkerton detective agency and a former prizefighter, with going undercover in Salisbury and infiltrating the mob that murdered Williams. Johnson would eventually befriend a young local who admitted to participating in the lynching and who also named several local law enforcement officers as ringleaders. Despite this, a grand jury, after hearing 124 witness statements, declined to indict the perpetrators. But this denial of justice galvanized Governor Ritchie's Interracial Commission, which would become one of the pioneering forces in the early civil rights movement in Maryland.Complicating historical narratives associated with the history of lynching in the city of Salisbury, The Silent Shore explores the immediate and lingering effect of Williams's death on the politics of racism in the United States, the Black community in Salisbury, the broader Eastern Shore, the state of Maryland, and the legacy of "modern-day lynchings."Omari Averette-Phillips is a doctoral student in the department of history at UC Davis. He can be reached at okaverettephillips@ucdavis.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Corrections in Ink (St. Martin's Press, 2022) is an electric and unforgettable memoir about a young woman's journey-from the ice rink, to addiction and a prison sentence, to the newsroom-emerging with a fierce determination to expose the broken system she experienced. An elite, competitive figure skater growing up, Keri Blakinger poured herself into the sport, even competing at nationals. But when her skating partnership ended abruptly, her world shattered. With all the intensity she saved for the ice, she dove into self-destruction. Then, on a cold day during Keri's senior year, the police stopped her. Caught with a Tupperware container full of heroin, she was arrested and ushered into a holding cell, a county jail, and finally into state prison. There, in the cruel "upside down," Keri witnessed callous conditions and encountered women from all walks of life-women who would change Keri forever. Two years later, Keri walked out of prison sober and determined to make the most of the second chance she was given-an opportunity impacted by her privilege as a white woman. She scored a local reporting job and eventually moved to Texas, where she started covering nothing other than: prisons. Now, over her career as an award-winning journalist, she has dedicated herself to exposing the broken system as only an insider could. Not just a story about getting out and getting off drugs, this rich memoir is about finding redemption within yourself, as well as from the outside world, and the power of second chances. Keri Blakinger is a staff reporter for The Marshall Project, an online news source about the criminal justice system. Her Twitter handle is @keribla.Joel Tscherne is an Adjunct History Professor at Southern New Hampshire University. His Twitter handle is @JoelTscherne. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades.Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election.But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally.In Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice (Mariner Books, 2022), Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.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

As the 1974 school year began, Wayne Woodward was a beloved high school teacher in a rural Texas town. By the following spring, he was embroiled in a local political firestorm that would ultimately cost him his job. Woodward's sin was, in his own words, naively trying to found a chapter of the ACLU in his Hereford, Texas community. In You Will Never Be One of Us: A Teacher, A Texas Town, and the Rural Roots of Radical Conservatism (University of Oklahoma Press, 2022) West Texas A&M Professor Timothy Bowman tells the remarkable story of Woodward's teaching career, his fight over the ACLU chapter, and the nationally-covered wrongful termination trial that followed. Woodward's story casts shifts the story of American conservatism away from the suburbs and toward rural places like Hereford, where local frontier identities helped create distrust of outsiders and a strong streak of libertarianism. The central question of the book is one of human behavior: why otherwise average Americans would work so hard to run an idealistic young person and beloved teacher out of town? The answer has everything to do with Mexican immigration, labor unrest, and the roiling culture wars, and speaks directly to our present political moment.Timothy Paul Bowman is Associate Professor of History and Chair of the Department of History at West Texas A&M University in Canyon and the author of Blood Oranges: Colonialism and Agriculture in the South Texas Borderlands.Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohan J. Alva is a counsel practicing in the Supreme Court of India. He earned his LLM from Harvard Law School, where he focused on constitutional law, which he read for on numerous scholarships including as a Tata Scholar and on a Harvard Law School Scholarship. Prior to starting his counsel practice, he was a professor at Jindal Global Law School, where he was awarded the Excellence in Research Award. He has also been Visiting Faculty at NLSIU, Bengaluru. His writings have been published in internationally respected journals including Statute Law Review (Oxford University Press), and Hong Kong Law Journal.Alva's first book Liberty After Freedom: A History of Article 21, Due Process and the Constitution of India (HarperCollins India, 2022) explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted. Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution.Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA).In Disability Rights and Religious Liberty in Education: The Story Behind Zobrest V. Catalina Foothills School District (U Illinois Press, 2020), Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.D​​​​avid A. Gerber taught American History at the University at Buffalo (SUNY) from 1971 to his retirement in 2012. He was founding Director of the Center for Disability Studies at UB, and served in that capacity from 2009 through 2012. His interests in History have been grown over the course of years to encompass manifestations of personal and social identity in a wide variety of groups and individuals including during the course of his career: African Americans; American Jews; American Catholics; European immigrants, and people with disabilities.Bruce Dierenfield has long been interested in the history of American race relations, and has written a popular textbook on the civil rights movement and another on African-American leadership since enslavement. As Peter Canisius Distinguished Teaching Professor, Dierenfield organized the “African-American Experience,” led student trips to West Africa and the Deep South, and invited distinguished historians and many influential activists of the 1960s to speak on campusShu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Science plays a substantial, though under-acknowledged, role in shaping popular understandings of rape. Statistical figures like “1 in 4 women have experienced completed or attempted rape” are central for raising awareness. Yet such scientific facts often become points of controversy, particularly as conservative scholars and public figures attempt to discredit feminist activists.Rape by the Numbers: Producing and Contesting Scientific Knowledge about Sexual Violence (Rutgers University Press, 2021) by Dr. Ethan Czuy Levine explores scientists’ approaches to studying rape over more than forty years in the United States and Canada. In addition to investigating how scientists come to know the scope, causes, and consequences of rape, this book delves into the politics of rape research. Scholars who study rape often face a range of social pressures and resource constraints, including some that are unique to feminized and politicized fields of inquiry. Collectively, these matters have far-reaching consequences. Scientific projects may determine who counts as a potential victim/survivor or aggressor in a range of contexts, shaping research agendas as well as state policy, anti-violence programming and services, and public perceptions. Social processes within the study of rape determine which knowledges count as credible science, and thus who may count as an expert in academic and public contexts.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Life Worth Living: Disability, Pain, and Morality (U Minnesota Press, 2022) investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Joel Michael Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires.More than 2,000 years ago, Aristotle said: "let there be a law that no deformed child shall live." This idea is alive and well today. During the past century, Supreme Court Justice Oliver Wendell Holmes Jr. argued that the United States can forcibly sterilize intellectually disabled women and philosopher Peter Singer argued for the right of parents to euthanize certain cognitively disabled infants. The Life Worth Living explores how and why such arguments persist by investigating the exclusion of and discrimination against disabled people across the history of Western moral philosophy.Joel Michael Reynolds argues that this history demonstrates a fundamental mischaracterization of the meaning of disability, thanks to the conflation of lived experiences of disability with those of pain and suffering. Building on decades of activism and scholarship in the field, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires.The Life Worth Living is the first sustained examination of disability through the lens of the history of moral philosophy and phenomenology, and it demonstrates how lived experiences of disability demand a far richer account of human flourishing, embodiment, community, and politics in philosophical inquiry and beyond.Joel Michael Reynolds is an Assistant Professor of Philosophy and Disability Studies at Georgetown University, Senior Research Scholar in the Kennedy Institute of Ethics, Senior Bioethics Advisor to The Hastings Center, Faculty Scholar of The Greenwall Foundation, and core faculty in Georgetown’s Disability Studies Program. He is the founder of The Journal of Philosophy of Disability and co-founder of Oxford Studies in Disability, Ethics, and Society from Oxford University Press.Dr. Reynolds’ work explores the relationship between bodies, values, and society. He is especially concerned with the meaning of disability, the issue of ableism, and how philosophical inquiry into each might improve the lives of people with disabilities and the justness of institutions ranging from medicine to politics. These concerns lead to research across a range of traditions and specialties, including philosophy of disability, applied ethics (especially biomedical ethics, public health ethics, tech/data ethics, and ELSI research in genomics), 20th c. European and American philosophy (with an emphasis on phenomenology and pragmatism as practiced in connection with the history of philosophy), and social epistemology (particularly issues of epistemic injustice as linked to social ontology).Autumn Wilke works in higher education as an ADA coordinator and diversity officer and is also an author and doctoral candidate with research/topics related to disability and higher education. 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 Eric Posner about his book How Antitrust Failed Workers (Oxford UP, 2021).When anti-trust cases are brought forward, typically they involve monopolies exercising undue power in regards to products or services. Rarely do labor issues get the same treatment. Reasons vary from the previous power of unions, to the expense and risk of going to trial, to whether the potential for unfair, uncompetitive practices get scrutinized at all. Posner points in this episode to why the laws may need strengthening. Issues include stagnant wages, and the use and abuse of non-poaching, non-complete and arbitration clauses in the contracts that workers sign. Add in the practice of gig workers and rising inequality issues related to household wealth, and you can’t find a more timely topic than this one.Eric Posner is a professor of Law at the University of Chicago. He’s currently on leave and working for the Anti-Trust Division of the U.S. Justice Department. (Note that his views do not necessarily reflect those of the Justice Department.) Two previous books by Posner were each separately chosen as a book of the year in 2018, one by The Economist and the other by The Financial Times.Dan Hill, PhD, is the author of ten books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). His newest book is Emotionomics 2.0: The Emotional Dynamics Underlying Key Business Goals. To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to political philosopher Ryan T. Anderson and journalist Alexandra DeSantis, abortion harms everything it touches. It is an act of lethal violence against a child and leaves many women with lifelong regret and feelings of guilt and loss. Far from empowering women, abortion has reduced privileged women to serving as economic drudges to abortion-friendly corporations. “Pro-choice” culture pressures poor and minority women to regard abortion as liberating and presents childbearing as against their interests.These are some of the arguments in Anderson and DeSanctis’ book, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery Publishing, 2022). This is an unabashedly pro-life book. It portrays abortion—from what happens to the child and mother during an abortion to the way that the pro-abortion jurisprudence of the Roe Era of 1973-2022 led even supposedly conservative Supreme Court justices to misread the Constitution.The authors argue that pro-abortion legal arguments have ranged from calling the child in the womb “a potential life” and treating abortion as a mostly medical issue and privacy matter (in Roe) and then an economic justice and gender equality issue (in Planned Parenthood v. Casey) to now a matter of convenience sans any moral discussion at all.The book makes clear why millions of pro-life activists spent decades fighting to end Roe and how they are now gearing up to assist the mothers and children who will face life together in a post-Roe world. The authors call for the entire country to pull together to create a pro-life, pro-family society in which the laws governing abortion or outlawing it entirely have now been returned to the states and the people.Today we will talk to one of the co-authors of the book, Alexandra DeSanctis.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law