New Books in Law

This episode features three interviews with organizers and scholars concerned with Asian migrant sex work: SWAN Vancouver (Alison Clancey and Kelly Go), Dr. Lily Wong, and Dr. Yuri Doolan. On March 16, 2021, Robert Aaron Long targeted three Atlanta-area spas and massage parlors and killed eight people: Delania Ashley Yuan González, Xiaojie Tan, Daoyou Feng, Paul Andre Michels, Hyun Jung Grant, Soo...

Faced with a major terrorist threat, states seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to al...

The Art of Political Control in China (Cambridge University Press, 2019) shows how China's authoritarian state ensures political control by non-violent mechanisms. Daniel C. Mattingly demonstrates how coercive control is achieved through informal means to achieve goals such as land redistribution, the enforcement of family planning policies, and the suppression of protest. He draws on a broad comb...

Evil is among our everyday moral concepts. It is common to hear politicians and others condemn certain acts, purposes, people, or even populations as evil. But what does it mean to say that something is evil? Is the evil simply the exceedingly wrong? Is evil rather a distinctive kind of wrongness? Is it a kind of wrongness at all? Are acts evil regardless of the motives of those who commit them, o...

The civil rights movement was among the most important historical developments of the twentieth century and one of the most remarkable mass movements in American history. Not only did it decisively change the legal and political status of African Americans, but it prefigured as well the moral premises and methods of struggle for other historically oppressed groups seeking equal standing in America...

Why did the international drug regulatory regime of the twentieth century fail to stop an explosive increase in trade and consumption of illegal drugs? This study investigates the histories of smugglers and criminal entrepreneurs in the Netherlands who succeeded in turning the country into the so-called ‘Colombia of Europe’ or, ‘the international drug supermarket’. Increasing state regulations and...

Stuart Rees's Cruelty or Humanity: Challenges, Opportunities and Responsibilities (Policy Press, a Bristol University Press imprint, 2020) exposes politicians' fascination with cruelty in their deliberations about policies. Through empirical analysis, human stories and poetic commentary, he identifies non-destructive exercise of power, courageous public action and compelling humanitarian alternati...

How does a specific American religious identity acquire racial meaning? What happens when we move beyond phenotypes and include clothing, names, and behaviors to the characteristics that inform ethnoracial categorization? Forever Suspect, Racialized Surveillance of Muslim Americans in the War on Terror (Rutgers University Press, 2018) provides a nuanced portrayal of the experiences of South Asian...

In 1836, an enslaved six-year-old girl named Med was brought to Boston by a woman from New Orleans who claimed her as property. Learning of the girl's arrival in the city, the Boston Female Anti-Slavery Society (BFASS) waged a legal fight to secure her freedom and affirm the free soil of Massachusetts. While Chief Justice Lemuel Shaw ruled quite narrowly in the case that enslaved people brought to...

For decades, a secret army of tax attorneys, accountants and wealth managers has been developing into the shadowy Wealth Defense Industry. These ‘agents of inequality’ are paid millions to hide trillions for the richest 0.01%. In The Wealth Hoarders: How Billionaires Pay Millions to Hide Trillions (Polity, 2021), inequality expert Chuck Collins, who himself inherited a fortune, interviews the lead...

There are currently eleven million Uyghurs living in China, but more than one million are being held in so-called reeducation camps. A cultural genocide is taking place under the guise of counterterrorism.  In this profound and explosive book, Sean Roberts shows how China is using the US-led global war on terror to erase and replace Uyghur culture and persecute this ethnic minority in what has bec...

An Organ of Murder: Crime, Violence, and Phrenology in Nineteenth-Century America (Rutgers UP, 2021) explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within...

The rise of Neo-Evangelicalism as a social and political American movement accompanied shifting attitudes in broader American criminal justice policies. Religious leaders from Billy Graham to David Wilkerson found growing concerns around juvenile delinquency and general lawbreaking as strategic connection points for their evangelistic message and ministries. In God's Law and Order: The Politics of...

This episode of Ethnographic Marginalia features Dr. Leslie MacColman, a Postdoctoral Scholar in Sociology at The Ohio State University who studies crime and policing in Latin America. Leslie explains how extensive experiences with civil society organizations inspired her move to academia while continuing to inform her research. She then describes research on police reform in Buenos Aires and how...

What does it mean to be an American? The story of the African American past demonstrates the difficulty of answering this seemingly simple question. If being "American" means living in a land of freedom and opportunity, what are we to make of those Americans who were enslaved and who have suffered from the limitations of second-class citizenship throughout their lives? African American history ill...

In this book, Antonio Gasparetto studies in detail the legal history of the state of exception during the First Republic in Brazil (1889-1930).  Atmósfera de plomo: las declaraciones de estado de sitio en la Primera República Brasileña (Tirant lo Blanch, 2019) explores the origins as well as the transnational use of the term in international legislation in order to understand the particularities o...

Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability (2020, University of Minnesota Press) provides a much-needed corrective, combining a genealogy of deinstitutionalization wit...

How does individual religious liberty apply to religiously affiliated groups? Edward A. David investigates the polarized ways legal theorists seek to understand group ontology in A Christian Approach to Corporate Religious Theory (Palgrave MacMillan, 2020).  David surveys the merits and pitfalls of prevailing approaches from within and without the Christian tradition. Many legal theorists are deep...

The concept of the individual self - a being that is autonomous, rational and largely without vulnerability - shapes current legal frameworks, the power dynamics between individuals, and limits the opportunities of many people who are marginalised to flourish in their own conception of the good life. In his latest book, Professor Jonathan Herring argues for a radical reconceptualisation of the sel...

The Puritans of Early America did not start out with gendered society and piety. Instead, Monica D. Fitzerald suggests, growing tensions between lay men and clergy over what was perceived as a feminized piety led toward a gradual separation of masculinity and femininity into distinct spheres. In Puritans Behaving Badly: Gender, Religion, and Punishment in Early America (Cambridge UP, 2020), Fitzge...

On June 4, Federal Police raided the home of Walkley award-winning journalist Annika Smethurst, changing her life forever. The police claimed they were investigating the publication of classified information, her employer called it a 'dangerous act of intimidation'. Annika believes she was simply doing her job. Ms Smethurst became the accidental poster woman for press freedom. Politicians even deb...

The Supreme Court’s decision in Bostock v. Clayton, which ruled that the Title VII prohibition on sex discrimination in employment extends to discrimination based on sexual orientation and transgender status, may imperil the fundamental right of parents to educate their children in line with their values. This right is examined brilliantly in the 2016 book, To Whom Do Children Belong? Parental Rig...

Colleen Murphy is the Roger and Stephany Joslin Professor of Law at the College of Law and a professor in the Departments of Philosophy and Political Science at the University of Illinois at Urbana-Champaign. Colleen also directs the Women and Gender in Global Perspectives Program in the Illinois Global Institute. You can follow her on Twitter at @drcolleenmurphy. The "Why We Argue" podcast is pro...

Melvin Rogers is Associate Professor of Political Science at Brown University. You can follow Melvin on Twitter at @MRogers097. Professor Rogers specializes in democratic theory, with special focus on the traditions of American and African-American politics. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. L...

Anyone who has taken any interest in the politics of Thailand at all in the last two decades could not help but have noticed the part that the country’s judiciary has played in them. Whereas before the 2000s the courts had at best a peripheral role in political life there, in recent years judges have at times weighed in dramatically on high-stakes conflicts. The causes and consequences of these ju...