New Books in Law

Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today.

LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus.

Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter.

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Today I talked to Ryan Manucha about his new book Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade (McGill-Queen's UP, 2022).

In 2012, after Gerard Comeau had driven to Quebec to purchase cheaper beer and crossed back into New Brunswick, police officers tailed and detained him, confiscated his haul, and levied a fine. With Comeau's story as his starting point, Ryan Manucha tells the fascinating tale of Canadian interprovincial trade. Interprovincial trade barriers and other frictions bring much-needed revenue into the coffers of provincial governments, which then can direct these funds toward various social services, but hinder the mobility of professionals, account for the different building codes imposed by Canadian provinces, and generally increase the price tag for Canadian consumers. In a candid interview, Ryan explains his interest in this topic, the backbone of his book's argument, and his efforts to make change workable.

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In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its aftermath.

Jeff Bachman is a Lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of The United States and Genocide: (Re)Defining the Relationship and editor of the volume Cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series.

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Dennis Rasmussen’s new book, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter (UP of Kansas, 2023), is a propulsive analysis of one of the key members of the Founding generation, Gouverneur Morris of New York and Pennsylvania. Morris is quite a character—from his reputation as a lady’s man to his brilliant speeches at the Constitutional Convention in Philadelphia in 1787. Rasmussen has pulled together archival research on Morris along with historical and political context to understand the Constitution’s penman, since Morris was responsible for writing the draft of the document that would become the U.S. Constitution.

Gouverneur Morris was a fascinating fellow—and his exploits were well known among his peers and colleagues. Morris, who had been educated at King’s College (now Columbia), and had become a lawyer, made much of his fortune in land speculation. He was active during the Revolutionary War, especially in helping to manage payment and supplies to the troops fighting for the new country. Morris, like Jefferson and Adams, also represented the United States abroad, particularly in France during the revolutionary period there. His capacity to negotiate through the factions during the French Revolution was vital to the United States since he was able to protect both American citizens and U.S. interests in France. Morris’s diplomatic and political expertise was in sharp relief during this period in France. As a Federalist Morris also served in the U.S. Senate, elected in 1800 as the Jeffersonians were coming into office. He was at Alexander Hamilton’s deathbed with him after Hamilton’s duel with Burr. But the central action of The Constitution’s Penman is during the constitutional convention in Philadelphia in 1787.

Rasmussen lays out all of the ways that Morris had a hand in the creation of the American constitutional system, even though he was absent from the convention in the early going in June. The bulk of The Constitution’s Penman focuses on each section of the governing structure of the U.S. national system and draws out Morris’ role in shaping these parts of the American system. While some of Morris’ ideas were more extreme than others—including his thinking on the form that the U.S. Senate should take—his ideas and influence are clear throughout the document itself. Rasmussen digs into Morris’ speeches on the floor of the convention, his role in writing up the document—in which he pulled 23 articles into the seven articles that compose the United States Constitution—and his authorship of the Preamble itself. Rasmussen also focuses on Morris’ strident denunciation of slavery at the Convention and elsewhere, becoming, on some level, the Framers’ conscience on the issue of slavery.

Dennis Rasmussen has written a book where the story truly dances off the page—and while Gouverneur Morris himself provides much of the content because of his cosmopolitan approach to life, his sharp wit and intelligence, and his interesting lifestyle—this is quite a compelling read.

Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social

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Law professors Jon Michaels and David Noll use their expertise to expose how state-supported forms of vigilantism are being deployed by MAGA Republicans and Christian nationalists to roll back civil, political, and privacy rights and subvert American democracy. Beyond identifying the dangers of vigilantism, Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy (Atria/One Signal, 2024) functions as a call to arms with a playbook for a democratic response.

Michaels and Noll look back in time to make sense of today's American politics. They demonstrate how Christian nationalists have previously used state-supported forms of vigilantism when their power and privilege have been challenged. The book examines the early republic, abolitionism, and Reconstruction.

Since the failed coup by supporters of Former president Donald Trump on January 6, 2021, Michaels and Noll document how overlapping networks of right-wing lawyers, politicians, plutocrats, and preachers have resurrected state-supported vigilantism – using wide ranging methods including book bans, anti-abortion bounties, and attacks on government proceedings, especially elections. Michaels and Noll see the US at a critical inflection point in which state-sponsored vigilantism is openly supported by GOP candidates for president and vice-president, Project 2025, and wider networks, Michaels and Noll move beyond analysis to action: 19 model laws to pass. The supporters of democratic equality are numerous and dexterous enough to create a plan to fight radicalism and vigilantism and secure the broad promises of the civil rights revolution.

Jon Michaels is a professor of law at UCLA Law, where he teaches and writes about constitutional law, public administration, and national security. He has written numerous articles in law reviews including Yale, University of Chicago, and Harvard and also public facing work in venues like the Washington Post, the New York Times, and Foreign Affairs.

David Noll is a law professor at Rutgers Law School. He teaches and writes on courts, administrative law, and legal movements. He publishes scholarly work in law reviews such as California, Cornell, Michigan and NYU and translates for wider audiences in places like the New York Times, Politico, and Slate.

Mentioned in the podcast:

• By Hands Now Known: Jim Crow’s Legal Executioners (Norton) by Margaret A. Burnham
• Let them Eat Tweets: How the Right Rules in an Age of Extreme Inequality (Liveright) by Jacob Hacker and Paul Pierson
• Hannah Nathanson at the Washington Post who was part of a team of journalists awarded the 2022 Pulitzer Prize for Public Service for coverage of the Jan. 6 insurrection at the U.S. Capitol
• Previous interviews with scholars addressing the breakdown of American democracy: Four Threats: The Recurring Crises of American Democracy (Suzanne Mettler and Robert C. Lieberman) Phantoms of a Beleaguered Republic (Stephen Skowronek, John A. Dearborn, and Desmond King); How Democracies Die (Steve Levitsky and Daniel Ziblatt); The Specter of Dictatorship: Judicial Enabling of Presidential Power (David M. Driesen and A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (Kevin J. McMahon)

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