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Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the founding fathers or the role that militias played in North American rebellions, in which they often functioned as repressive--and racist--domestic forces.
Call Number: Received Not Yet Cataloged-Grant Book
Publication Date: Cambridge, Mass.: Belknap Pr. of Harvard UP, 2021. 432 p.
Reviewed: PW 22 Mar. 2021 p. 75. Description: In the first comprehensive account of the Supreme Court's race-related jurisprudence, a distinguished historian and a renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation's promise of equality for all. (publ.)
Call Number: Received Not Yet Cataloged-Grant Book
Publication Date: Hackensack, N.J.: World Scientific, 2021. 134 p.
Reviewed: NYRB 10 June 2021 p. 34. Description: This book explores justice in the age of artificial intelligence. It argues that current AI tools used in connection with liberty decisions are based on utilitarian frameworks of justice and inconsistent with individual fairness reflected in the US Constitution and Declaration of Independence. It uses AI risk assessment tools and lethal autonomous weapons as examples of how AI influences liberty decisions. The algorithmic design of AI risk assessment tools can and do embed human biases. Designers and users of these AI tools have allowed some degree of compromise to exist between accuracy and individual fairness. Written by a former federal judge who lectures widely and frequently on AI and the justice system, this book is the first comprehensive presentation of the theoretical framework AI tools in the criminal justice system and lethal autonomous weapons utilize in decision-making. The book then provides the most comprehensive explanation as to why, tracing the evolution of the debate regarding racial and other biases embedded in such tools. No other book delves as comprehensively into the theory and practice of AI risk assessment tools. (publ.)
Publication Date: New York: Basic Books, 2021. xiv, 817 p.
Reviewed: PW 22 Mar. 2021 p. 72. Description: Constitutional scholar Akhil Reed Amar tells the story of America’s constitutional conversation during its first eighty years–from the Constitution's birth in 1760 through the 1830s, when the last of America’s early leaders died. Amar traces the threads of Constitutional discourse, uniting history and law in a narrative that seeks both to reveal this history anew and to make clear who was right and who was wrong on the biggest legal issues confronting early America. Amar provides an essential history of the Constitution’s formative decades and an indispensable guide for anyone seeking to understand America’s Constitution and its relevance today.
Call Number: Received Not Yet Cataloged-Grant Book
Publication Date: Boston: Beacon Pr., 2021. 232 p.
Reviewed: PW 3 May 2021 p. 46. Description: No one is exempt from data mining: by owning a smartphone, or using social media or a credit card, we hand over private data to corporations and the government. We need to understand how surveillance and data collection operates in order to regain control over our digital freedoms–and our lives. Attorney and data privacy expert Heidi Boghosian unpacks widespread myths around the seemingly innocuous nature of surveillance, sets the record straight about what government agencies and corporations do with our personal data, and offers solutions to take back our information. I Have Nothing to Hide is both a necessary mass surveillance overview and a reference book. It addresses the misconceptions around tradeoffs between privacy and security, citizen spying, and the ability to design products with privacy protections. Boghosian breaks down misinformation surrounding 21 core myths about data privacy, including: Surveillance makes the nation safer; No one wants to spy on kids; Police don’t monitor social media; Metadata doesn’t reveal much about me; Congress and the courts protect us from surveillance; & There’s nothing I can do to stop surveillance. (publ.)
Publication Date: New York: Bold Type Books, 2019. vii, 250 p.
Reviewed: PW 24 June 2019 p. 163. Description: There’s a critical debate taking place over one of our most treasured rights: free speech. We argue about whether it’s at risk, whether college students fear it, whether neo-Nazis deserve it, and whether the government is adequately upholding it. But as P. E. Moskowitz provocatively shows, the term has been defined and redefined to suit those in power, and in recent years, it has been captured by the Right to push their agenda. What’s more, our investment in the First Amendment obscures an uncomfortable truth: free speech is impossible in an unequal society where a few corporations and the ultra-wealthy bankroll political movements, millions of voters are disenfranchised, and our government routinely silences critics of racism and capitalism. Weaving together history and reporting from Charlottesville, Skokie, Standing Rock, and the college campuses where student protests made national headlines, Moskowitz argues that these flash points reveal more about the state of our democracy than they do about who is allowed to say what. Our current definition of free speech replicates power while dissuading dissent, but a new ideal is emerging. In this forcefully argued, necessary corrective, Moskowitz makes the case for speech as a tool–for exposing the truth, demanding equality, and fighting for all our civil liberties. (publ.)
A broad introduction to the changing roles of intellectual property within society. By granting exclusive rights to publish, manufacture, copy, or distribute information and technology, IP laws shape our cultures, our industries, and our politics in countless ways, with consequences for everyone, including artists, inventors, entrepreneurs, and citizens at large. In this engaging, accessible study, Aram Sinnreich uncovers what's behind current debates and what the future holds for copyrights, patents, and trademarks.
When a loved one with mental illness comes into contact with the law, trying to advocate for them can be an overwhelming and frustrating endeavor. Mental illness adds a layer of complexity to legal processes, and the justice system can be downright bewildering, even for the most well-intentioned. How can families find out if their loved one is being mistreated or ignored, and how can they make sense of their rights under various laws and regulations? Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. Readers will learn how to help protect a loved one's job, housing, or medical care, participate in hearings about guardianship, involuntary commitment, bankruptcy, and more. Complete with real-world examples, Family Guide to Mental Illness and the Law provides practical advice and eases the feelings of isolation that often accompany loving someone with mental illness.
Reviewed: NYT/BR 7 Feb. 2021 p. 10. Description: In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners–many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker–along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. (publ.)
Publication Date: Williamsburg, Va.: Omohundro Institute of Early American History and Culture, 2019. xviii, 286 p., 40 p. of plates.
Description: In eighteenth-century New Orleans, the legal testimony of some 150 enslaved women and men–like the testimony of free colonists–was meticulously recorded and preserved. Questioned in criminal trials as defendants, victims, and witnesses about attacks, murders, robberies, and escapes, they answered with stories about themselves, stories that rebutted the premise on which slavery was founded. Focusing on four especially dramatic court cases, this book draws us into Louisiana’s courtrooms, prisons, courtyards, plantations, bayous, and convents to demonstrate how enslaved people viewed and experienced their worlds. Sophie White offers both a richly textured account of slavery in French Louisiana and a powerful meditation on the limits and possibilities of the archive. (publ.)
Publication Date: New York: W. W. Norton, 2019. 252 p.
Reviewed: PW 15 July 2019 p. 67; NYRB 18 Nov. 2021 p. 23. Description: Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive. (publ.)
Publication Date: New York: Avid Reader Pr., 2020. xxiv, 305 p.
Reviewed: PW 28 Oct. 2019 p. 93. Description: To mark its 100-year anniversary, the American Civil Liberties Union asked authors to contribute an original piece inspired by a historic ACLU case. Since its founding on January 19, 1920, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. This collection takes readers inside the trials and the stories that have shaped modern life. Some are the most prominent cases that the ACLU has been involved in; others you may never even have heard of, yet their outcomes quietly defined the world we live in now. (publ.)
Publication Date: Updated ed. [Independent Studies in Political Economy Ser.] Lanham, Md.: Rowman & Littlefield, 2019. xviii, 425 p.
Description: The first book-length account of the origins of this element of the Second Amendment, based on the Founders’ own statements as revealed in news-papers, correspondence, debates, and resolutions. Mr. Halbrook investigates the period from 1768 to 1826, from the last years of British rule and the American Revolution through to the adoption of the Constitution and the Bill of Rights, and the passing of the Founders’ generation. This book offers the most comprehensive analysis of the arguments behind the drafting and adoption of the Second Amendment, and the intentions of the men who created it. (publ.)
Publication Date: Lincoln: U. Nebraska Pr., 2019. 256 p
Reviewed: NYRB 27 Feb. 2020 p. 39 Description: This is the story of a hometown newspaper in Riverside, California, that set out to do its job: tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyer Jim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the public–including the press–needed to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis. The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings. (publ.)
Publication Date: New York: Greenhaven Pr., 2020. 128 p
Description: For many years, “no means no” served as the standard for whether sexual consent is granted, but valid concerns have called for an expansion of this standard. Factors that could prevent someone from rejecting an unwanted advance include coercion and intoxication, making the concept of verbal consent muddy. The debate over whether this standard should be replaced and what should replace it has brought forth various possible solutions, with some arguing that only enthusiastic verbal consent will do, and others asserting that this expectation is unrealistic. Factors like age, positions of trust and authority, and mental and emotional conditions and disabilities also factor into the discussion. The well-balanced articles found here will provide your readers with an intelligent understanding of this topic. (publ.) Note: Library standing order.
Publication Date: New Haven, Conn.: Yale UP, 2017. xi, 197 p
Reviewed: CHE 2 Sept. 2018 (author interview) Description: Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean (both constitutional scholars who teach a course in free speech to undergraduates) argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can't do when dealing with free speech controversies. (publ.)
Publication Date: Brooklyn, N.Y.: Melville House, 2018. xviii, 281 p.
Reviewed: LJ 1 May 2018 p. 83; NYRB 27 Sept. 2018 p. 32. Description: Until the 21st century, most of our activities were private by default, public only through effort; today anything that touches digital space has the potential (and likelihood) to remain somewhere online forever. That means all of the technologies that have made our lives easier, faster, better, and/or more efficient have also simultaneously made it easier to keep an eye on our activities. Or, as we recently learned from re-ports about Cambridge Analytica, our data might be turned into a propaganda machine against us. In 10 crucial legal cases, [this book] explores the tools of surveillance that exist today, how they work, and what the implications are for the future of privacy. (publ.)
Publication Date: New York: Oxford UP, 2018. xxx, 199 p.
Description: “Hate speech” censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that “hate speech” laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous “counterspeech” and activism. … We hear too many incorrect assertions that “hate speech”–which has no generally accepted definition–is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. (publ.)
Publication Date: New York: Oxford UP, 2016. xvi, 284 p.
Description: Should we legalize marijuana? If we legalize, what in particular should be legal? Just possessing marijuana and growing your own? Selling and advertising? If selling becomes legal, who gets to sell? Corporations? Co-ops? The government? What regulations should apply? How high should taxes be? Different forms of legalization could bring very different results. This book discusses what is happening with marijuana policy, describing both the risks and the benefits of using marijuana, without taking sides in the legalization debate. It details the potential gains and losses from legalization, explores the “middle ground” options between prohibition and commercialized production, and considers the likely impacts of legal marijuana on occasional users, daily users, patients, parents, and employers–and even on drug traffickers. (publ.)
Publication Date: Oakland: U. California Pr., 2019. ix, 267 p.
Reviewed: Choice (Jun 2019 vol. 56 no. 10) Top 75 books highly recommended for community college libraries. Description: When we think of sex–good sex, bad sex, sexual assault, rape law, or university sexual misconduct policies–we so often turn to consent as both our moral and erotic savior. What counts as sexual consent? How can we make consent sexy? How do we teach consent to impressionable youth, potential predators, and victims alike? What if these are all the wrong questions? This book is a provocative take on consent and whether its place at the center of sexual politics and sex law is warranted. … Author Joseph J. Fischel fervently argues that the consent paradigm of sexual politics is profoundly flawed. In addition to the criticisms against consent leveled by feminist theorists of earlier generations, Fischel elevates three more: consent is insufficient, inapposite, and riddled with scope contradictions for regulating and imagining sex. We can do so much better than consent in our sexual politics. Fischel contends that sexual justice turns more productively on concepts of autonomy and access rather than consent. Cleverly humorous and adeptly researched, this book will have a significant impact on how we understand consent, sexuality, and law in the U.S. today. (publ.)
Publication Date: New York: W. W. Norton, 2019. xxii, 60 p.
Reviewed: NYT/BR 24 Feb. 2019 p. 11; PW 10 Dec. 2018 p. 136; LJ Winter 2018 p. 87; Economist 9 Feb. 2019 p. 73; Choice (Sep. 2019 vol. 57 no. 1) Recommended for community college libraries. Description: Plessy v. Ferguson, the Supreme Court case synonymous with “separate but equal,” created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome em-braced and protected segregation, and whose reverberations are still felt into the twenty-first. … The book depicts indelible figures such as the re-sisters from the mixed-race community of French New Orleans, led by Lou-is Martinet, a lawyer and crusading newspaper editor; Homer Plessy’s law-yer, Albion Tourgée, a best-selling author and the country’s best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. (publ.)
Publication Date: Cambridge, Mass.: MIT Pr., 2019. xiv, 200 p.
Description: It has become clear from discussions of the recent high-profile cases of Harvey Weinstein, Bill Cosby, and others that there is no clear agreement over what constitutes consent or non-consent and how they are expressed and perceived in sexual situations. This book presents key strands of feminist thought on the subject of sexual consent from across academic and activist communities and covers the history of research on con-sent in such fields as psychology and feminist legal studies. It discusses how sexual consent is negotiated in practice, from “No means no” to “Yes means yes,” and describes what factors might limit individual agency in such negotiations. It examines how popular culture, including pornography, romance fiction, and sex advice manuals, shapes our ideas of consent; explores the communities at the forefront of consent activism; and considers what meaningful social change in this area might look like. (publ.)
Publication Date: Ithaca, N.Y.: Cornell UP, 2019. 328 p.
Reviewed: PW 28 Jan. 2019 p. 84. Description: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Did you know that these twenty-six words are responsible for much of America’s multibillion-dollar online industry? What we can and cannot write, say, and do online is based on just one law–a law that protects online services from lawsuits based on user content. Jeff Kosseff exposes the workings of Section 230 of the Communications Decency Act, which has lived mostly in the shadows since its enshrinement in 1996. Because many segments of American society now exist largely online, Kosseff argues that we need to understand and pay attention to what Section 230 really means and how it affects what we like, share, and comment upon every day. (publ.)
Publication Date: New York: NYU Pr., 2017. v, 165 p.
Reviewed: LJ Jan. 2018 p. 112; CHE 12 Jan. 2018 (new books). Description: A history of the Supreme Court decision that set the legal precedent for citizen challenges to government surveillance. … Jeffrey L. Vagle draws on the legacy of the 1972 Supreme Court decision in Laird v. Tatum to tell the fascinating and disturbing story of jurisprudence related to the issue of standing in citizen challenges to government surveillance in the United States. It examines the facts of surveillance cases and the reasoning of the courts who heard them, and considers whether the obstacle of standing to surveillance challenges in U.S. courts can ever be overcome. (publ.)
Publication Date: New York: Liveright, 2017. xvii, 345 p.
Reviewed: NYT/BR 25 June 2017 p. 15; Choice Sep. 2017 vol. 55 no. 1 (Essential; Top 75 titles recommended for community college libraries); CHE 4 Aug. 2017 p. B2; Top 10 Books of 2017 (PW 30 Oct. 2017 p. 22; NYRB 22 Feb. 2018 p. 19; TLS 13 July 2018 p. 9. Description: Challenges the myth that America’s cities came to be racially divided through de facto segregation – that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes it clear that it was de jure segregation – the laws and policy decisions passed by local, state, and federal governments – that actually promoted the discriminatory patterns that continue to this day. (publ.)
Publication Date: Philadelphia: U. Penn. Pr., 2017. viii, 243 p.
Reviewed: CHE 9 June 2017 (new books) Description: Before 1882, the U.S. federal government had never formally deported anyone, but that year an act of Congress made Chinese workers the first group of immigrants eligible for deportation. Over the next forty years, lawmakers and judges expanded deportable categories to include prostitutes, anarchists, the sick, and various kinds of criminals. The history of that lengthening list shaped the policy options U.S. citizens continue to live with into the present. …[This book] chronicles the unsystematic emergence of what has become an internationally recognized legal doctrine, the far-reaching impact of which forever altered what it means to be an immigrant and a citizen. (publ.)
Publication Date: New York: Cambridge UP, 2017. xi, 305 p.
Reviewed: CHE 30 June 2017 (new books) Description: New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of “unreasonable searches and seizures” can provide concrete solutions to the current crisis. (publ.)
Publication Date: Boston: Beacon Pr., 2018. 216 p.
Reviewed: LJ 15 Nov. 2017 p. 92 Description: With stories from the front lines, a legal scholar journeys through distinct legal climates to understand precisely why and how the war over abortion is being fought. Drawing on her years of research in El Salvador–the only country to ban abortion without exception–legal scholar Michelle Oberman explores what happens when a country makes ending a pregnancy a crime. She reveals the practical experiences of criminalizing abortion, such as selective enforcement, mistaken diagnoses, wrongful convictions, and a thriving black market in abortion drugs, and she describes how Salvadoran doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes. To illustrate how similar draconian polices are enforced in the United States, Oberman turns her attention to Oklahoma, one of the most pro-life states. Through a series of interviews with current and former legislators in Oklahoma, and in stories gathered from crisis pregnancy centers and abortion clinics, Oberman reveals how abortion-related laws become incentives or penalties, nudging pregnant women in one direction or another. (publ.)
Publication Date: San Francisco, Calif.: City Lights Books, 2018. 230 p.
Reviewed: PW 20 Nov. 2017 p. 84. Description: Peels away the myths of gun culture to expose the true historical origins of the Second Amendment, revealing the racial undercurrents connecting the earliest Anglo settlers with contemporary gun proliferation, modern-day policing, and the consolidation of influence of armed white nationalists. From the enslavement of Blacks and the conquest of Native America, to the arsenal of institutions that constitute the “gun lobby,” Loaded presents a people's history of the Second Amendment, as seen through the lens of those who have been most targeted by guns: people of color. Meticulously researched and thought-provoking throughout, this is essential reading for anyone interested in understanding the historical connections between racism and gun violence in the United States. (publ.)
Publication Date: New York: NYU Pr., 2018. xv, 164 p.
Reviewed: CHE 9 Feb. 2018 (new books) Description: Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In this book, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, the authors put aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society. (publ.)
Publication Date: Amenia, N.Y.: Grey House, 2018. 400 p.
Description: Offers a sweeping overview of the constantly shifting tensions and opinions created by American expectations of privacy versus their collective desire for national security. Briefly touching on the foundations of Constitutional law that underpin privacy, the book concentrates on the current divisions over domestic spying in the wake of recent revelations of NSA domestic surveillance. More than 30 primary sources–drawn from Supreme Court decisions to opinions published in respected contemporary sources–outline key legislation, confront myths regarding privacy, discuss past abuses, and reveal sharply divided opinions regarding current challenges to both privacy and national security interests that pit fears of an emerging surveillance state against a need for national security in a dangerous world. (publ.)
Reviewed: PW 22 Jan. 2018 p. 75 Description: This blisteringly candid discussion of the American dilemma in the age of Trump brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these leading lights of the legal profession and the fight for racial justice talk about the importance of reclaiming the racial narrative and keeping our eyes on the horizon as we work for justice in an unjust time. (publ.)
Publication Date: Stanford, Calif.: Stanford UP, 2017. x, 279 p.
Reviewed: NYT/BR 2 July 2017 p. 27; CHE 14 July 2017 (new books) Description: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. (publ.)
Publication Date: New York: Oxford UP, 2017. xvii, 330 p.
Description: We live more and more of our lives online; we rely on the internet as we work, correspond with friends and loved ones, and go through a multitude of mundane activities like paying bills, streaming videos, reading the news, and listening to music. Without thinking twice, we operate with the understanding that the data that traces these activities will not be abused now or in the future. There is an abstract idea of privacy that we invoke, and, concrete rules about our privacy that we can point to if we are pressed. Nonetheless, too often we are uneasily reminded that our privacy is not invulnerable-the data tracks we leave through our health information, the internet and social media, financial and credit information, personal relationships, and public lives make us continuously prey to identity theft, hacking, and even government surveillance. (publ.)
Publication Date: Chicago: U. Chicago Pr., 2017. xiv, 351 p.
Reviewed: CHE 28 July 2017 (new books) Description: On the surface, Americas commitment to equal opportunity in the workplace has never been clearer. Virtually every company has anti-discrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But …this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling held up by what they see as frivolous cases. And even when the case is resolved in the plaintiffs favor, the conditions that gave rise to the lawsuit rarely change. (publ.)
Publication Date: New York: Liveright, 2017. xxxii, 668 p.
Reviewed: NYRB 17 Aug. 2017 p. 33 Description: A constitutional scholar traces the evolution of legal and moral codes that have attempted to legislate sexual behavior from the ancient world to today, citing the agitators, moralists, lawmakers, and Supreme Court justices who have shaped some of the most divisive sexual debates. (publ.)
Publication Date: Austin: U. Texas Pr., 2017. 276 p.
Contents: Feeling surveillance -- Welcome to the funopticon : the insidious pleasures of ludic surveillance -- Growing up observed : surveillance and childhood -- Watching Walden : surveillance in the wild -- A mighty fortress is our god : selling surveillance in the Bible Belt -- The business of insecurity : inside the new surveillance marketplace.
Publication Date: Oxford: Oxford UP, 2017. ix, 290 p.
Reviewed: FA 96(6) Nov./Dec. 2017 p. 139 Description: This is the story of surveillance in Britain and the United States, from the detective agencies of the late nineteenth century to Wikileaks and CIA whistle-blower Edward Snowden in the twenty-first. Written by historian and intelligence expert Rhodri Jeffreys-Jones, it is the first full overview of its kind. Delving into the roles of credit agencies, private detectives, and phone-hacking journalists as well as agencies like the FBI and NSA in the USA and GCHQ and MI5 in the UK, Jeffreys-Jones high-lights malpractices such as the blacklist and illegal electronic interceptions. (publ.)
Publication Date: New York: Liveright, 2018. 384 p.
Reviewed: PW 6 Nov. 2017 p. 72; Economist 10 Mar. 2018 p. 83; NPR ("Fresh Air" 3/26/2018) Description: Reveals how American businesses won equal rights and trans-formed the Constitution to serve the ends of capital. Corporations—like minorities and women—have had a civil rights movement of their own, and now possess nearly all the same rights as ordinary people. Uncovering the deep historical roots of Citizens United, Adam Winkler shows how that controversial 2010 Supreme Court decision was the capstone of a two-hundred-year battle over corporate personhood and constitutional protections for business. (publ.)
Publication Date: New York: Encounter Books, 2017. xix, 280 p.
Reviewed: WSJ 29/30 Apr. 2017 p. C7 Description: “…when Berns said to Jaffa that the opening of the Declaration of Independence was one of the best things ever written, ‘but the ending was one of the worst,’ … the fight was on.” (WSJ)