New Books in Law

"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state.This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era.Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis.Read more by Charles McCrary: "The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022 "The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022 "The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American jails admit over ten million people every year, but very little is known about what happens to them while they're locked away.Indefinite: Doing Time in Jail (Oxford UP, 2022) is an ethnographic study of a California county jail that reflects on what it means to do jail time and what it does to men. Michael L. Walker spent several extended spells in jail, having been arrested while trying to pay parking tickets in graduate school. This book is an intimate account of his experience and in it he shares the routines, rhythms, and subtle meanings that come with being incarcerated. Walker shows how punishment in jail is much more than the deprivation of liberties. It is, he argues, purposefully degrading. Jail creates a racial politics that organizes daily life, moves men from clock time to event time, normalizes trauma, and imbues residents with substantial measures of vulnerability. Deputies used self-centered management styles to address the problems associated with running a jail, some that magnified individual conflicts to potential group conflicts and others that created divisions between residents for the sake of control. And though not every deputy indulged, many gave themselves over to the pleasures of punishment. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"I don't care what people do in their bedroom, but do they need to flaunt it?" This sentiment is a common refrain in American culture and politics when talking about LGBTQ rights, and as Ohio State historian Dr. Clayton Howard argues, it's a sentence with a history. In The Closet and the Cul-de-Sac: The Politics of Sexual Privacy in Northern California (University of Pennsylvania, 2019), Howard traces the history of the idea of sexual privacy back to the era immediately after World War II, when the "Straight State" began more aggressively incentivizing and policing hetero- and homosexuality respectively. Through acts such as the GI Bill, housing became a central battleground in the Bay Area for determining what normative sex looked like. Soon, churches, schools, and the steps of city hall, all became fronts in a culture war that, as Howard argues, was not quite as black-and-white as scholars sometimes make it seem. Today, legislation such as Florida's so-called "Don't Say Gay" bill have their roots in debates over laws such as California's Briggs Initiative and indeed, stretch all the way back to San Francisco's mid-20th century life as a hub for military life in the Pacific. The Closet and the Cul-de-Sac is an in-depth look at how even the most private areas of an individual's life are often in fact very public indeed.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

In today's program, we speak to Nandita Sharma, activist scholar and Professor of Sociology at the University of Hawai'i at Manoa. We talk about Home Rule: National Sovereignty and the Separation of Natives and Migrants (Duke University Press, 2020).In Home Rule, Sharma brilliantly traces the "historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as 'colonial invaders.'" She theorizes the Postcolonial New World Order of nation-states wherein the category of the Native (initially referred to as such to demarcate colonized status) has been revitalized and claims to autochthony have become the basis of "true national belonging." In consequence, migrants have been facing exclusion, expulsion, and even extermination. The hardening of nationalisms in the Postcolonial New World Order has contained demands for decolonization, leaving their potential unfulfilled. Sharma forcefully and convincingly shows that the only way forward is by building a common wherein the ruling categories of Native and Migrant are dissolved.Jochen Schmon is a PhD Student in Politics at the New School for Social Research. You can reach him on Twitter @JohenShmon.Deren Ertas is a PhD Candidate in the joint program in History and Middle Eastern Studies at Harvard University. You can reach her own Twitter @drnrts. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy: Mapuche Territorial Demands and Chilean Land Policy (U Pittsburgh Press, 2021), Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to Indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.Kelly Bauer is an Assistant Professor of Political Science at Nebraska Wesleyan University, and member of the Red De Politólogas – #NoSinMujeres. Her research and teaching examine state policy and rhetoric about Indigenous rights, irregular migration, and human security regimes in South America. She also researches pedagogy and knowledge production in political science classrooms, and migration politics and rhetoric in Nebraska. Her work has been externally funded by the U.S. Fulbright Program, Inter-American Foundation’s Grassroots Development Fellowship, and APSA Centennial Center.Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The University Network for Human Rights facilitates supervised undergraduate engagement in the practice of human rights at colleges and universities in the United States and across the globe. The University Network partners with advocacy organizations and communities affected or threatened by abusive state, corporate, or private conduct to advance human rights at home and abroad; trains undergraduate students in interdisciplinary human rights protection and advocacy; and collaborates with academics and human rights practitioners in other parts of the world to foster the creation of practical, interdisciplinary programs in human rights.James (Jim) Cavallaro is Executive Director of the University Network for Human Rights. He has taught human rights law and practice for nearly a quarter-century, most recently at Wesleyan University, Stanford Law School (2011-2019), and Harvard Law School (2002-2011).Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Owning the Secular: Religious Symbols, Culture Wars, Western Fragility (Routledge, 2021), Matt Sheedy, Visiting Assistant Professor at the University of Bonn, Germany, examines three case studies dealing with religious symbols and cultural identity. Drawing on theories of discourse analysis and ideology critique, this study calls attention to an evolution in how secularism, nationalism, and multiculturalism in Europe and North America are debated and understood as competing groups contest and rearrange the meaning of these terms. This is especially true in the digital age as online cultures have transformed how information is spread, how we imagine our communities, build alliances, and produce shared meaning. From recent attempts to prohibit religious symbols in public, to Trump’s so-called Muslim bans, to growing disenchantment with the promises of digital media, Owning the Secular turns the lens how nation-states, organizations, and individuals attempt to "own" the secular to manage cultural differences, shore up group identity, and stake a claim to some version of Western values amidst the growing uncertainties of neoliberal capitalism. In our conversation we discussed the secular, secularization, and secularism, the role of social media in contemporary cultural wars, anxieties about veiling practices in secular societies, the use of law in governing religion, the New Atheist movement, ex-Muslims, and how media shapes public understandings of Muslims.Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Undoing Drugs: The Untold Story of Harm Reduction and the Future of Addiction (Hachette Go, 2021) tells a long-running, but largely unknown, story of how a few people and groups – propelled at first by the AIDS pandemic -- swam against one of the most powerful policy tides in America – our nation’s 50-year war on drugs. Maia Szalavitz’s book is a personal and political history of the idea of harm reduction, which is a philosophy, a set of health practices, and a call to action. Harm reduction is a powerful alternative to virtually all of the “conventional wisdom” about drugs and drug policy. Harm reduction starts by asserting that the health and safety of drug users, their families, and their communities should be the top priority of drug policy. Undoing Drugs is a global story, with stops in Liverpool, Amsterdam, the San Francisco Bay Area, Vancouver, Glasgow, and New York. By giving life to the saying that “the personal is political,” Szalavitz shows how America might still turn away from the massive failures of the drug war to embrace an approach that seeks to put people first.Steve Beitler’s work in the history of medicine focuses on how pain has been understood, treated, experienced, and represented. Recently published articles examined the history of opiates in American football and surveyed the history of therapeutic drugs. He can be reached at noelandsteve@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"The rule of law is a means by which [western EU members] want to knead us into something that resembles them," warned Viktor Orbán during his successful campaign for a fourth consecutive term as Hungary's prime minister.Yet, until Russia's invasion of Ukraine, the EU has held back on the demands it makes of members regarding core democratic norms and values. For a decade, the EU's institutions and most of its members have worried about the possibility of the emergence of a full autocracy within its borders but have been held back by diplomatic interests and the constraints imposed by unanimity in the use of Article 7 of the Treaty on European Union.The war, Orbán's re-election, a split in the Polish-Hungarian axis, and the lengthening queue of eastern membership applicants have changed the backdrop. The political will to ensure a liberal-democratic union has been reinforced but Article 7 is still inadequate to the task.Tom Theuns, assistant professor of political theory and European politics at Leiden University’s Institute of Political Science, has a nuclear option in his new paper: The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7 (Res Publica, Springer - 2022)*.*https://link.springer.com/arti...Mentioned: Memory and the future of Europe: Rupture and integration in the wake of total war by Peter Verovšek (Manchester University Press, 2020) and Adding a Bite to a Bark? A Story of Article 7, the EU Enlargement, and Jörg Haider by Wojciech Sadurski (Sydney Law School Research Paper No. 10/01)*The authors' book recommendations are: Technopopulism: The New Logic of Democratic Politics by Christopher Bickerton and Carlo Invernizzi Accetti (OUP Oxford, 2021) and The Goldfinch by Donna Tartt (Little Brown, 2013).Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In How Machines Came to Speak: Media Technologies and Freedom of Speech (Duke University Press, 2022), Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.Jennifer Petersen is an Associate Professor of Communication at the Annenberg School for Communication and Journalism at the University of Southern California. She is the director of the graduate certificate program in Science and Technology Studies and is affiliated with the Center for Law, History, and Culture. Before arriving at USC, she worked at the University of Virginia, where she was an affiliate with the Department of Women, Gender, and Sexuality. She is also a former Lenore Annenberg and Wallis Annenberg Fellow in Communication at the Center for Advanced Studies in the Behavioral Sciences (CASBS) at Stanford University.Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law