New Books in Law

In Jewish Internationalism and Human Rights after the Holocaust (Cambridge UP, 2020), Nathan A. Kurz charts the fraught relationship between Jewish internationalism and international rights protection in the second half of the twentieth century. For nearly a century, Jewish lawyers and advocacy groups in Western Europe and the United States had pioneered forms of international rights protection, tying the defense of Jews to norms and rules that aspired to curb the worst behavior of rapacious nation-states. In the wake of the Holocaust and the creation of the State of Israel, however, Jewish activists discovered they could no longer promote the same norms, laws, and innovations without fear they could soon apply to the Jewish state. Using previously unexamined sources, Nathan Kurz examines the transformation of Jewish internationalism from an effort to constrain the power of nation-states to one focused on cementing Israel's legitimacy and its status as a haven for refugees from across the Jewish diaspora.Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies, Ukrainian Studies, and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. In Shari'a, Inshallah: Finding God in Somali Legal Politics (Cambridge UP, 2021), Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.Mark Fathi Massoud is professor of politics and legal studies at UC Santa Cruz, where he directs the Legal Studies Program and serves as affiliated faculty with the Center for the Middle East and North Africa. Massoud also holds an appointment as a Visiting Professor at the University of Oxford.Sara Katz is a Postdoctoral Associate in the History Department at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite her famous pseudonym, "Jane Roe," no one knows the truth about Norma McCorvey (1947-2017), whose unwanted pregnancy in 1969 opened a great fracture in American life. Journalist Joshua Prager spent hundreds of hours with Norma, discovered her personal papers--a previously unseen trove--and witnessed her final moments. The Family Roe: An American Story (W. W. Norton, 2021) presents her life in full. Propelled by the crosscurrents of sex and religion, gender and class, it is a life that tells the story of abortion in America.Prager begins that story on the banks of Louisiana's Atchafalaya River where Norma was born, and where unplanned pregnancies upended generations of her forebears. A pregnancy then upended Norma's life too, and the Dallas waitress became Jane Roe.Drawing on a decade of research, Prager reveals the woman behind the pseudonym, writing in novelistic detail of her unknown life from her time as a sex worker in Dallas, to her private thoughts on family and abortion, to her dealings with feminist and Christian leaders, to the three daughters she placed for adoption.Prager found those women, including the youngest--Baby Roe--now fifty years old. She shares her story in The Family Roe for the first time, from her tortured interactions with her birth mother, to her emotional first meeting with her sisters, to the burden that was uniquely hers from conception.The Family Roe abounds in such revelations--not only about Norma and her children but about the broader "family" connected to the case. Prager tells the stories of activists and bystanders alike whose lives intertwined with Roe. In particular, he introduces three figures as important as they are unknown: feminist lawyer Linda Coffee, who filed the original Texas lawsuit yet now lives in obscurity; Curtis Boyd, a former fundamentalist Christian, today a leading provider of third-trimester abortions; and Mildred Jefferson, the first black female Harvard Medical School graduate, who became a pro-life leader with great secrets.An epic work spanning fifty years of American history, The Family Roe will change the way you think about our enduring American divide: the right to choose or the right to life.Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lori Allen’s A History of False Hope: Investigative Commissions in Palestine (Stanford UP, 2020) is a deep engagement with Palestinian political history through an examination of international commissions. Over twenty commissions established over the last century have investigated political violence and human rights violations in the context of Palestine and Palestinians’ rights, yet there has also been very little material change resulting from these commissions.These commissions, Allen argues, operate as technologies of liberal global governance and do not bring justice to Palestinians. However—as her archival and ethnographic research shows, in a deep exploration of three such commissions—Palestinians continue to demand rights and recognition, even in the face of limited outcomes. A History of False Hope therefore serves as an exploration of the characters, motivations, and politics involved in Palestinians’ efforts to assert their rights—and colonial authorities’ and international organizations’ responses to Palestinians’ fights to for their rights—within the framework of international human rights.A History of False Hope is available through Stanford University Press. Lori Allen is a Reader in Anthropology (Near and Middle East) at SOAS, University of London.Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of qualified immunity when they shoot or brutalize an innocent civilian. Qualified immunity is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies (Oxford UP, 2021), history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights.While doctrines such as qualified immunity may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place.A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state.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 United States began the project of mass incarceration, rural communities turned to building prisons as a strategy for economic development. More than 350 prisons have been built in the U.S. since 1980, with certain regions of the country accounting for large shares of this dramatic growth. Central Appalachia is one such region there are eight prisons alone in Eastern Kentucky. If Kentucky were its own country, it would have the seventh highest incarceration rate in the world. In Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia (NYU Press, 2022), Judah Schept takes a closer look at this stunning phenomenon, providing insight into prison growth, jail expansion and rising incarceration rates in America’s hinterlands.Judah Schept is Professor of Justice Studies at Eastern Kentucky University.Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter: Protecting Democracies from Information Warfare (Stanford UP, 2022) is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system―if implemented by legislation in the United States―would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube Channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mikaela Rabinowitz’s Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice (Routledge, 2021) addresses an understudied fairness flaw in the US criminal justice system: namely, the significant impact of pretrial detention on the millions of Americans held in local jails. On any given day, approximately 500,000 Americans are held in pretrial detention in US jails—not because they are a flight risk, but because they cannot pay for bail or a bail bond. Impacting disproportionally Black and poor individuals, Rabinowitz highlights how pretrial detention is at odds with juridical notions of fairness, effectively punishing Americans before guilt or innocence is ever explored in court. Using a mixed-methods approach, Rabinowitz argues that pretrial detention undermines both the presumption and the meaning of innocence in the American criminal justice system.Incarceration without Conviction is available through Routledge. Mikaela Rabinowitz is Director of Data, Research, and Analytics at the San Francisco District Attorney’s Office.Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What impact has two decades' worth of policing and counterterrorism had on the state of mind of Muslims in Britain? In The Suspect: Counterterrorism, Islam, and the Security State (Pluto Press, 2022), Rizwaan Sabir writes compellingly about his own experiences of wrongful arrest, detention and subsequent surveillance, placing these in the broader context of 21st century British counterterrorism practices and the policing of Muslims.Writing publicly for the first time about the traumatising mental health effects of these experiences, Sabir argues that these harmful outcomes are not the result of errors in government planning, but the consequences of using a counterinsurgency warfare approach to fight terrorism and police Muslims. To resist the injustice of these policies and practices, we need to centre the lived experiences of those subjected to them and build networks of solidarity and support.Dr Rizwaan Sabir (@RizwaanSabir) is a Lecturer (aka Assistant Professor) in Criminology at Liverpool John Moores University. His research concerns British counterterrorism policy and practice, especially the way in which counterinsurgency theory, doctrine, and practice have been integrated into the UK's domestic 'War on Terror' infrastructure.Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter.Listeners interested in British policing and surveillance may also appreciate this recent interview about Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022).Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Guns hold a complex place in American culture. Over 30,000 Americans die each year from gun violence, and guns are intimately connected to issues of public health, as is evident whenever a mass shooting occurs. But guns also play an important role in many Americans’ lives that is not reducible to violence and death—as tools, sporting equipment, and identity markers. They are also central to debates about constitutional rights, as seen in ongoing discussions about the Second Amendment, and they are a continuous source of legislative concern, as apparent in annual ratings of gun-supporting legislators.Even as guns are wrapped up with other crucial areas of concern, they are also fundamentally a rhetorical concern. Guns and gun violence occupy a unique rhetorical space in the United States, one characterized by silent majorities, like most gun owners; vocal minorities, like the firearm industry and gun lobby; and a stalemate that fails to stem the flood of the dead. How Americans talk, deliberate, and fight about guns is vital to how guns are marketed, used, and regulated. A better understanding of the rhetorics of guns and gun violence can help Americans make better arguments about them in the world. However, where guns are concerned, rhetorical studies is not terribly different from American culture more generally. Guns are ever-present and exercise powerful effects, but they are commonly talked about in oblique, unsystematic ways.Rhetoric and Guns (Utah State UP, 2022) advances more direct, systematic engagement in the field and beyond by analyzing rhetoric about guns, guns in rhetoric, and guns as rhetoric, particularly as they relate to specific instances of guns in culture. The authors attempt to understand rhetoric’s relationship to guns by analyzing rhetoric about guns and how they function in and as rhetoric related to specific instances—in media coverage, political speech, marketing, and advertising. Original chapters from scholars in rhetorical studies, communication, education, and related fields elucidate how rhetoric is used to maintain and challenge the deadly status quo of gun violence in the United States and extend rhetoricians’ sustained interest in the fields’ relationships to violence, brutality, and atrocity.Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law