New Books In Law

Judith Giesberg, an expert on the history of women and gender during the Civil War, is professor and director of graduate studies in the history department at Villanova University and Editor of The Journal of the Civil War Era. Two of her previous books include Civil War Sisterhood: The United States Sanitary Commission and Women’s Politics in Transition (2000), which is about the understudied roles of women in relief efforts during the war, and “Army at Home”: Women and the Civil War on the Northern Home Front (2009), which concerns the experiences of working class women in the north. She is also the principal editor of Emilie Davis’s Civil War: The Diaries of a Free Black Woman in Philadelphia (2014). Her latest book, and the subject of our discussion, is Sex and the Civil War: Soldiers, Pornography, and the Making of an American Morality (University of North Carolina Press, 2017). Giesberg argues that the Civil War is the turning point for the influential rise of postwar anti-pornography laws and a genesis

The Rhodes blood libel of 1840, an outbreak of anti-Jewish violence, was initiated by the island’s governor in collusion with Levantine merchants, who charged the local Jewish community with murdering a Christian boy for ritual purposes. An episode in the shared histories of Ottomans and Jews, it was forgotten by the former and, even if remembered, misunderstood by the latter. The 1840 Rhodes Blood Libel: Ottoman Jews at the Dawn of the Tanzimat Era (Berghahn Books, 2024) aims to restore the place of this event in Sephardi and Ottoman history. Based on newly discovered Ottoman and Jewish sources it argues that the acquittal of Rhodian Jews is adequately understood only in the context of the Tanzimat and the Sublime Porte’s foreign relations. Contrary to the common view that Ottoman Jews did not experience the impact of the Tanzimat reforms until the mid-1850s, this study shows that their effects were felt as early as 1840. Furthermore, this book offers a window onto life and intercommunal relations in the Eas

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” fat

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organization

For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population. Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regul

In this episode of the Language on the Move Podcast, Brynn Quick speaks with Dr. Alexandra Grey about Dr. Grey’s book entitled Language Rights in a Changing China: A National Overview and Zhuang Case Study (De Gruyter, 2021). China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first majo

Ways of Remembering: Law, Cinema and Collective Memory in the New India (Cambridge UP, 2024) tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom--postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and

Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their c

A guide to the fascinating legal history of the videogame industry, written for nonlawyers.  Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man?  Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. T

In June 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider. Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the regi

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them?  Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes vi

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA). Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unvei

The processes of secularization and desegregation were among the two most radical transformations of the American public school system in all its history. Many regard the 1962 and 1963 US Supreme Court rulings against school prayer and Bible-reading as the end of religion in public schools. Likewise, the 1954 Brown v. Board of Education case is seen as the dawn of school racial equality. Yet, these two major twentieth-century American educational movements are often perceived as having no bearing on one another. Without a Prayer: Religion and Race in New York City Public Schools (New York University Press, 2024) by Dr. Leslie Beth Ribovich redefines secularization and desegregation as intrinsically linked. Using New York City as a window into a national story, the volume argues that these rulings failed to successfully remove religion from public schools, because it was worked into the foundation of the public education structure, especially how public schools treated race and moral formation. Moreover, even

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Isla

In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual

Today’s book is: Witchcraft: A History in 13 Trials (Scribner, 2024), by Dr. Marion Gibson, which explores the global history of witch trials across Europe, Africa, and the Americas, told through thirteen distinct trials that illuminate a pattern of demonization and conspiratorial thinking that has profoundly shaped human history. Some of them are famous like the Salem witch trials, and some lesser-known, like the 1620s witch trial on Vardø island, Norway, where an indigenous Sami woman was accused of murder; the last witch trial in France in 1731, where a young woman was pitted against her confessor and cult leader; and a trial in Lesotho in 1948, where British colonial authorities executed local leaders. Exploring how witchcraft was feared, then decriminalized, and then reimagined as gendered persecution, Witchcraft takes on the intersections between gender and power, indigenous spirituality and colonial rule, political conspiracy and individual resistance. Offering a striking, dramatic journey unspooling o

Today I talked to Mie Nakachi about Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union (Oxford UP, 2021) In 1920, the Soviet Union became the first country in the world to legalize abortion on demand. But in 1936, the Soviet leadership criminalized abortion: the collectivization of the early 1930s was followed by famine that took the lives of millions of people, and the government grew eager to recover the population. Drawing on an amazing wealth of archival material, Nakachi traces the dynamic of Soviet reproductive policies that were invariably guided by pronatalist goals but almost always had damaging consequences. The 1944 Family Law, aimed at making up for the enormous human losses of World War II (27 million people died, 20 million of them men), relieved men of parental responsibilities, legal or financial, thereby encouraging them to father children out of wedlock. Given the devastation of the war and inadequate levels of government support, many women sought to avoid such bir

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so? Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that

Mexico is at the center of the global battle over abortion. In 2007, a watershed reform legalized the procedure in the national capital, making it one of just three places across Latin America where it was permitted at the time. Abortion care is now available on demand and free of cost through a pioneering program of the Mexico City Ministry of Health, which has served hundreds of thousands of women. At the same time, abortion laws have grown harsher in several states outside the capital as part of a coordinated national backlash. In Lawful Sins: Abortion Rights and Reproductive Governance in Mexico (Stanford University Press, 2022), Dr. Elyse Ona Singer argues that while pregnant women in Mexico today have options that were unavailable just over a decade ago, they are also subject to the expanded reach of the Mexican state and the Catholic Church over their bodies and reproductive lives. By analyzing the moral politics of clinical encounters in Mexico City's public abortion program, Lawful Sins offers a crit

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as we