New Books in Law

One in four American workers says their workplace is a "dictatorship." Yet that number almost certainly would be higher if we recognized employers for what they are-private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers' speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In Private Government: How Employers Rule Our Lives (and Why We Don't Talk about It) (Princeton UP, 2019), Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.Elizabeth Anderson is Arthur F. Thurnau Professor and John Dewey Distinguished University Professor of Philosophy and Women's Studies at the University of Michigan and specializes in political philosophy, ethics, and feminist philosophy. She is the author of The Imperative of Integration, and Value in Ethics and Economics.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

"Quarantine, as an invention of man, is the most primitive and universal instrument of defense against contagious disease epidemics. Almost universally maligned or ignored by historians, quarantine is like an iceberg with 90 percent of its secrets hidden from view in inaccessible archives of the government." In Germs at Bay: Politics, Public Health, and American Quarantine (Praeger/ABC-Clio, 2021), Charles Vidich explores the surprisingly rich history of quarantine in America. It's gone through five different stages and has, at times, played a key role in the American revolutionary war, the development of immigration policy, and even spawned its own code language to prevent panic from breaking out among the public. When quarantine works well, it can save lives -- but, as Vidich argues, a number of factors have to work in sync for it to be successful, and that is rarely the case.This book is for anyone seeking to understand the challenges of controlling the spread of COVID-19, and will help readers internalize the lessons that are being demonstrated through the handling of this pandemic. Replete with primary data from years of archival exploration, Germs at Bay demonstrates the United States' long reliance on quarantine practice, and the political, social, and economic factors at all levels of government that have influenced--and been influenced by--them.Christopher S. Rose is a social historian of medicine focusing on Egypt and the Eastern Mediterranean in the 19th and 20th century. He currently (spring 2022) teaches History at Our Lady of the Lake University in San Antonio, Texas, and Middle Eastern Studies at the University of Texas at Austin. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1895, forty-seven rebel military officers contested the terms of a law that granted them amnesty but blocked their immediate return to the armed forces. During the century that followed, numerous other Brazilians who similarly faced repercussions for political opposition or outright rebellion subsequently made claims to forms of recompense through amnesty. By 2010, tens of thousands of Brazilians had sought reparations, referred to as amnesty, for repression suffered during the Cold War-era dictatorship. Amnesty in Brazil: Recompense After Repression, 1895-2010 (U Pittsburgh Press, 2021) examines the evolution of amnesty in Brazil and describes when and how it functioned as an institution synonymous with restitution. Ann M. Schneider is concerned with the politics of conciliation and reflects on this history of Brazil in the context of broader debates about transitional justice. She argues that the adjudication of entitlements granted in amnesty laws marked points of intersection between prevailing and profoundly conservative politics with moments and trends that galvanized the demand for and the expansion of rights, showing that amnesty in Brazil has been both surprisingly democratizing and yet stubbornly undemocratic. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Rule of Law in the United States: An Unfinished Project of Black Liberation (Hart, 2021), Dr. Paul Gowder focuses on examining the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? The book considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals.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

In Ancient Rome, all the best stories have one thing in common—murder. Romulus killed Remus to found the city, Caesar was assassinated to save the Republic. Caligula was butchered in the theater, Claudius was poisoned at dinner, and Galba was beheaded in the Forum. In one 50-year period, 26 emperors were murdered.But what did killing mean in a city where gladiators fought to the death to sate a crowd? In A Fatal Thing Happened on the Way to the Forum (Harry N. Abrams, 2021), Emma Southon examines a trove of real-life homicides from Roman history to explore Roman culture, including how perpetrator, victim, and the act itself were regarded by ordinary people. Inside Ancient Rome's darkly fascinating history, we see how the Romans viewed life, death, and what it means to be human.Emma Southon holds a PhD in ancient history from the University of Birmingham. She co-hosts a history podcast with writer Janina Matthewson called History is Sexy and works full time as a bookseller at Waterstones Belfast.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

On the morning of July 1, 1800, a surveyor and mapmaker named Cayetano Díaz opened the window of his study in Guatemala City to find a horrific sight: a pair of severed breasts. Offering a meticulously researched and evocative account of the quest to find the perpetrator and understand the motives behind such a brutal act, this volume pinpoints the sensational crime as a watershed moment in Guatemalan history that radically changed the nature of justice and the established social order.In The Woman on the Windowsill: A Tale of Mystery in Several Parts (Yale UP, 2020), Sylvia Sellers-García reveals how this bizarre and macabre event spurred an increased attention to crime that resulted in more forceful policing and reflected important policy decisions not only in Guatemala but across Latin America. This fascinating book is both an engaging criminal case study and a broader consideration of the forces shaping Guatemala City at the brink of the modern era.Elspeth Currie is a PhD student in the Department of History at Boston College where she studies women’s intellectual history in early modern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the United States, tens of thousands of children are conceived every year with donated gametes. When people decide to create a child with donated gametes, they’ll typically have to make a moral decision about whether the identity of the donor will be available to the resulting person. This quickly raises additional moral and even existential questions about the value of knowing about the circumstances of our own conception.In Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation (Oxford UP, 2021) Daniel Groll argues that because donor-conceived persons are likely to develop a significant and worthwhile interest in knowing the identity of their genetic progenitor, their intended parents have an obligation to use a non-anonymous donor.Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State (Stanford UP, 2021), Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair.David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Useful Bullshit: Consitutions in Chinese Politics and Society (Cornell University Press, 2022) Dr. Neil Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC primarily around the first draft constitution in 1954. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day." But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy?Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant explores all facets of this constitutional discussion, as well as its afterlives in the late '50s, the Cultural Revolution, and the post-Mao era. Useful Bullshit illuminates how the Chinese government understands and makes use of the constitution as a political document, and how a vast array of citizens—police, workers, university students, women, and members of different ethnic and religious groups—have responded.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. Dr. Melcher also lived in Beijing, China for nearly 10 years, and keeps an eye on China-Africa security issues. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law and violence are thought to share an antithetical relationship in postcolonial modernity. Violence is considered the other of law, lawlessness is understood to produce violence, and law is invoked and deployed to undo the violence of lawlessness. Oishik Sircar's book Violent Modernities: Cultural Lives of Law in the New India (Oxford UP, 2021) uses a critical legal perspective to show that law and violence in the New India share a deep intimacy, where one symbiotically feeds the other. Researched and written between 2008 and 2018, the chapters study the cultural sites of literature, cinema, people's movements, popular media and the university to illustrate how law's promises of emancipation and performances of violence live a life of entangled contradictions. The book foregrounds reparative and ethical accounts where law does not only inhabit courtrooms, legislations and judgments, but also lives in the quotidian and minor practices of disobediences, uncertainties, vulnerabilities, double binds and failures. When the cultural lives of law are reimagined as such, the book argues, the violence at the foundations of modern law in the postcolony begins to unravel.Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law