New Books in Law

Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers.In The War Lawyers: The United States, Israel, and Juridical Warfare (Oxford University Press, 2021), Craig Jones examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza.This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood.Craig Jones is a Lecturer in Political Geography in the School of Geography, Sociology and Politics at Newcastle 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

Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others), and using examples from across the globe, Alison Ritter's Drug Policy (Routledge, 2021) provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis.The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies.This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the Shadow of the Ivory Tower: How Universities are Plundering our Cities (Bold Type Books, 2021) by Dr. Davarian Baldwin examines the political economy of the American university over the twentieth and twentieth-first centuries. He brings a Black Studies lens to interrogate the ways that universities hide behind the notion of administering public goods to protect their tax-exempt status while generating astronomical profits off of the backs of working-class people, graduate student teachers and researchers, and underpaid and contingent faculty. We discuss the securitization and development implications of growing university wealth and how it engenders forms of radicalized plunder, racist policing, gentrification, and exploitation by the 1%. With a focus on this and more, we talk about what it means to live in the shadow of ivory tower.Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the global movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and scholarly debates – with an emphasis on the vulnerability of birthright citizenship to indirect and direct change.Dr. Julie L. Novkov is Professor of Political Science and Women’s, Gender, and Sexuality Studies and interim dean of Rockefeller college at the University at Albany, SUNY. She is the author of Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954 (UMichigan, 2008).Dr. Carol Nackenoff is Richter Professor emeritus of Political Science at Swarthmore College. She is the author of The Fictional Republic: Horatio Alger and American Political Discourse (Oxford, 1994).They are also co-editors of Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020) and Statebuilding from the Margins: Between Reconstruction and the New Deal (University of Pennsylvania Press, 2014)Two resources mentioned in the podcast: Tian Atlas Xu’s “Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930” andthe symposium on American by Birth.Daniella Campos assisted with this podcast.Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today we are joined by William J. Morgan, Professor Emeritus at the University of Southern California, and the author of Sport and Moral Conflict: A Conventionalist Theory (Temple University Press, 2020). In our conversation, we discussed three theories of sports ethics (formalism, internalism/interpretivism, and conventionalism.) We looked at how sports philosophers use historical controversies as test cases for their philosophical theories, but also applied those philosophical approaches to contemporary sports issues including the use of performance enhancing drugs and the payment of college athletes.Sport and Moral Conflict takes sport as a moral laboratory and Morgan wrote it as an extended conversation between theories of sports ethics. Each chapter addresses a different sports philosophical theory: formalism, a broad internalism that centres metaphysical methods, a broad internalism that uses a discourse method, and finally a conventionalist ethical theory of sport. He also outlines what he calls the two duelling conceptions of sport in the early 20th century, an amateur world guided by British public school athletes and a professional world of American scientific sportsmen. These two different sporting conceptions, according to Morgan, shape much of the athletic debate the age. Understanding the different world views of these two schools provides for conventionalists a way of comprehending contemporary moral controversy in sport.The bulk of Morgan’s book is an extensive and fairhanded analysis of alternative theories of sports ethics; the depth of his investigation defies easy summary. He looks closely at formalism and internalism, offering appraisals of these theories that highlight both their successes and their failures. For example, formalists like Bernard Suits not only succeeded in developing very plausible definitions of sports, but in their emphasis on the written rules of sport, also failed to appropriately consider the rules beyond the written rules that guide competitive performances.A close look at a range of test cases allow Morgan to interrogate the different sports philosophy approaches. In 1887, a baserunner that crossed home plate, tackled and held down the catcher which allowed two other runners to score. Was this behaviour permissible, even if it was technically not a rule violation? A formalist approach would have difficulty in dealing with these kinds of rules violation; by contrast, internalists and conventionalists stress the subtextual rules that shape athletes’ behaviours. The baserunners in 1887 were called out.Keith Rathbone is a senior lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. His book, entitled Sport and physical culture in Occupied France: Authoritarianism, agency, and everyday life, (Manchester University Press, 2022) examines physical education and sports in order to better understand civic life under the dual authoritarian systems of the German Occupation and the Vichy Regime. If you have a title to suggest for this podcast, please contact him at keith.rathbone@mq.edu.au and follow him at @keithrathbone on twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this Postscript, Susan Liebell and Lilly Goren review this morning’s U.S. Supreme Court decision in Texas SB-8, the oral arguments in last week’s Mississippi abortion case, and the wider issues of the Court’s legitimacy, electoral backlash, ripple effects beyond abortion to marriage equality or protection of sexuality, the effect of a ruling on electoral politics, and the effectiveness of grassroots organizing. We are joined by Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver).Daniella Campos assisted with this podcast.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How has “cybersecurity” become a catch-all for everything that touches our digital world? In his new book, The Politics of Cybersecurity in the Middle East (Hurst, 2021), Dr. James Shires shows how myriad actors have exploited the prominent yet esoteric nature of the field, appropriating its symbolic power to serve their own interests. In the process, cybersecurity has grown to incorporate a series of seemingly distinct practices.An Assistant Professor at the Institute of Security and Global Affairs at the University of Leiden, Dr. Shires explores four discursive spaces where the language of cybersecurity permeates: cybersecurity as interstate digital conflict, cybersecurity as the protection of human rights, cybersecurity as domestic information control, and cybersecurity as the prevention of foreign interference. Through a close examination of each of these spaces within the Middle East, Dr. Shires deconstructs how various actors disguised value-laden arguments as technological imperatives—and how they reacted when they met resistance from skeptics. He concludes that politics, as much as the essentials of technology, often determines the scope and nature of cybersecurity.John Sakellariadis is a 2021-2022 Fulbright US Student Research Grantee. He holds a master’s degree in public policy from the School of International and Public Affairs at Columbia and a bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mobility has been central to the American identity—think of the automobile, the perceived freedom that comes with it, the open road—but Black Americans have never possessed the same freedom to move around as whites. From the slave patrols policing the movement of Black Americans in the nineteenth century to the indignities and violence that Blacks suffered on road-trips in the twentieth, Black travelers in the United States have faced violence, indignities, and a confusing and contradictory set of racist rules. This history—the history of the Black experience of travel in the United States—is expertly and beautifully told by Mia Bay in her new book Traveling Black: A Story of Race and Resistance (Harvard UP, 2021)In addition to examining the white-supremacist restrictions on Black travel, Bay—the Roy F. and Jeannette P. Nichols Chair in American History at the University of Pennsylvania—foregrounds how Black Americans coped (The Negro Motorist Green Book is one such example) and even resisted travel segregation. In fact, by putting travel at the center of her analysis, Bay sheds new light on the the civil rights movement. Finally, Bay concludes the book with an epilogue on the continuities into the present, writing that “there's no need to travel back in time to travel Black.”Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever.Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do terror and popularity merge under a dictatorship? How did the Gestapo deal with critics of Nazism? Based on hundreds of secret police case files, Enemies of the People explores the day-to-day reality of political policing under Hitler. Examining the Gestapo's policy of 'selective enforcement', J. Ryan Stackhouse challenges the abiding perception of the Gestapo as policing exclusively through terror. Instead, he reveals the complex system of enforcement that defined the relationship between state and society in the Third Reich and helps to explain the Germans' abiding support for Hitler and their complicity in the regime's crimes. Stories of everyday life in Nazi Germany paint the clearest picture yet of just how differently the Gestapo handled certain groups and actions, and the routine investigation, interrogation, and enforcement practices behind this system. Enemies of the People: Hitler's Critics and the Gestapo (Cambridge UP, 2021) offers penetrating insights into just how reasonable selective enforcement appeared to Germans, and draws unavoidable parallels with the contemporary threat of authoritarianism.Lea Greenberg is a scholar of German studies with a particular focus on German Jewish and Yiddish literature and culture; critical gender studies; multilingualism; and literature of the post-Yugoslav diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law