Quadri on Islamic Law in Colonial Modernity

Oxford University Press has published Transformations of Tradition: Islamic Law in Colonial Modernity (Mar. 2021), by Junaid Quadri (University of Illinois at Chicago). A description from the Press: 

Transformations of Tradition probes how the encounter with colonial modernity conditioned Islamic jurists' conceptualizations of the shari'a. Departing from the tendency to focus on reformist-minded thinkers and politically charged issues, Junaid Quadri directs his attention towards the overlooked jurisprudential writings of Muhammad Bakhit al-Muti-i (1854-1935), Mufti of Egypt and a frequent critic of the famed reformists Muhammad 'Abduh and Rashid Rida. There, he locates a remarkable series of foundational intellectual shifts. Offering a fresh perspective on a pivotal period in the history of Islamic thought, Quadri tracks how Bakhit reworks the relationship of the shari'a to categories of understanding as fundamental as history and authority, science and technology, and religion and the secular, thereby upending the very ground upon which Islamic law had until then functioned. Through close readings of complex legal texts and mining of oft-neglected archives, this carefully researched study situates its argument in both the contested scholarly world of a quickly-changing Cairo, and the transregional school of Hanafi law as represented by jurists writing in Kazan, Lucknow, and Baghdad. Examining Islamic jurisprudential discourse in the colonial moment, Transformations of Tradition uncovers a shari'a that is neither a medieval holdover nor merely a pragmatic concession to the demands of a new world, but rather deeply entangled with the epistemological commitments of colonial modernity.

More information is available here. You can listen to an interview with the author here, at New Books Network.

-- Karen Tani

Houser's "Bureaucrats of Liberation"

Myra Ann Houser, Associate Professor of History, Ouachita Baptist University, has published Bureaucrats of Liberation: Southern African and American Lawyers During the Apartheid Era (Leiden University Press, distributed by the University of Chicago Press, 2021):

Bureaucrats of Liberation narrates the history of the Southern Africa Project of the Lawyers’ Committee for Civil Right under law, a civil rights organization founded in 1963 at the request of President John F. Kennedy. Between 1963 and 1994, the Southern Africa Project connected lawyers from Namibia, South Africa, and the United States. Within the Project’s network, activist lawyers exchanged funding resources, provided logistical support for political trials, and mediated new voting and governmental systems.

The Project’s history provides a lens into twentieth century geopolitics tied to anti-apartheid, decolonization, Cold War, and movements agitating against white supremacy. In doing so, it pays careful attention to the Project’s different eras, beginning with US Executive Branch officials helming the effort and evolving into a space where more activist-oriented attorneys on both sides of the Atlantic drove its mission and politics.

--Dan Ernst

Zipes's Biography of Frank Murphy

Greg Zipes has published Justice and Faith: The Frank Murphy Story (University of Michigan Press):

Frank Murphy was a Michigan man unafraid to speak truth to power. Born in 1890, he grew up in a small town on the shores of Lake Huron then rose to become Mayor of Detroit, Governor of Michigan, and finally a U.S. Supreme Court Justice. One of the most important politicians in Michigan’s history, Murphy was known for his passionate defense of the common man, earning him the pun, “tempering justice with Murphy.”

Murphy is best remembered for his immense legal contributions supporting individual liberty and fighting discrimination, particularly discrimination against the most vulnerable. Despite being a loyal ally of Franklin Delano Roosevelt, when FDR ordered the removal of Japanese Americans during World War II, Supreme Court Justice Murphy condemned the policy as “racist” in a scathing dissent to the Korematsu v. United States decision—the first use of the word in a Supreme Court opinion. Every American, whether arriving by first class or in chains in the galley of a slave ship, fell under Murphy’s definition of those entitled to the full benefits of the American dream.

Justice and Faith explores Murphy’s life and times by incorporating troves of archive materials not available to previous biographers, including local newspaper records from across the country. Frank Murphy is proof that even in dark times, the United States has extraordinary resilience and an ability to produce leaders of morality and courage.

--Dan Ernst

Edling, "Perfecting the Union"

Oxford University Press has published Perfecting the Union: National and State Authority in the US Constitution (Dec. 2020), by Max M. Edling (King's College London). A description from the Press:

For most of the twentieth century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution.

In Perfecting the Union, Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean, and to defuse inter-state tension within the union. By replacing the defunct Articles of Confederation, the Constitution profoundly transformed the structure of the American union by making the national government more effective. But it did not transform the fundamental purpose of the union, which remained a political organization designed to manage inter-state and international relations. And in contrast to what many scholars claim, it was never meant to eclipse the state governments.

The Constitution created a national government but did not significantly extend its remit. The result was a dual structure of government, in which the federal government and the states were both essential to the people's welfare. Getting the story about the Constitution straight matters, Edling claims, because it makes possible a broader assessment of the American founding as both a transformative event, aiming at territorial and economic expansion, and as a conservative event, aiming at the preservation of key elements of the colonial socio-political order.

A sample of advance praise:

"A bold and bracing reinterpretation of America's founding. In examining anew the determination of the Framers to preserve the powers of the states, Max Edling alters the prism through which we view the forces of change and continuity, equality and subjugation, and strength and weakness that defined America's beginning. The illumination that Perfecting the Union generates is often startling." -- Gary Gerstle

"A fascinating, learned exploration of the conceptual significance of 'Union' in the framing period. Edling provocatively argues for the Constitution as a renewed compact of union, with a relatively effective fiscal-military federal government and reinvigorated state governments. This deeply rewarding book provides a refreshing new, synthetic account of the creation of the United States." -- Mary Sarah Bilder

More information is available here. You can find an interview with the author here, at New Books Network.

--Karen Tani

Hollis-Brusky & Wilson, "Separate but Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture"

 Oxford University Press has published Separate but Faithful: The Christian Right's Radical Struggle to Transform Law & Legal Culture (Oct. 2020), by Amanda Hollis-Brusky (Pomona College) and Joshua C. Wilson (University of Denver). A description from the press:

Fueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture.

In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture.

Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.

Advance praise:

"Separate But Faithful is a fascinating, exhaustively researched, and highly readable story of the rise and challenges faced by three ultraconservative religious law schools-Ave Maria, Liberty, and Regent-and their mission driven faculty and students. It is also theoretically rich, focusing especially on 'support structure' theory in relation to social movements and law, and full of insights about legal hierarchies, the structure of legal education, and the role of law in social change. In short, it is a superb contribution as narrative and theory-builder." -- Bryant Garth

"Hollis-Brusky and Wilson's book, Separate But Faithful, is a comprehensive account of a legal movement on the rise, and one that has obtained significant positions of authority in government, including the courts. Their book is a must read for those seeking to understand the direction of the courts and the law, and how legal change happens." -- Leah Litman

More information is available here. And you can listen to an interview with the authors here, at New Books Network.

-- Karen Tani

Ottley, Zorn & Weisbrot's "Making Law in Papua New Guinea"

Making Law in Papua New Guinea: The Colonial Origins of a Postcolonial Legal System, by Bruce L. Ottley, DePaul University College of Law,  Jean Zorn, CUNY School of Law, and David Weisbrot, University of Sydney, has been published by the Carolina Academic Press:

In the waning days of colonialism in Papua New Guinea, much of the rhetoric from local leaders pushing for self-determination focused on replacing the imposed colonial legal system with one that reflected local customs, understandings, relationships, and dispute settlement techniques—in other words, a "uniquely Melanesian jurisprudence." After independence in 1975, however, that aim faded or began to be seen as an impossible objective, and PNG is left with a largely Western legal system.

In this book, the authors—who were all directly involved in law teaching, law reform, and judging during that period—explore the potent and enduring grip of colonialism on law and politics long after the colonial regime has been formally disbanded. Combining original historical and legal research, engagement with the scholarly literature of dependency theory and postcolonial studies, and personal observation, interviews, and experience, Making Law in Papua New Guinea offers compelling insights into the many reasons why postcolonial nations remain imprisoned in colonial laws, institutions, and attitudes.

–Dan Ernst

Cummings on Lawyers and the Struggle for LA

Scott L. Cummings, UCLA Law, has published An Equal Place: Lawyers in the Struggle for Los Angeles (Oxford University Press, 2020):

An Equal Place is a monumental study of the role of lawyers in the movement to challenge economic inequality in one of America's most unequal cities: Los Angeles. Breaking with the traditional focus on national civil rights history, the book turns to the stories of contemporary lawyers, on the front lines and behind the scenes, who use law to reshape the meaning of low-wage work in the local economy.

Covering a transformative period of L.A. history, from the 1992 riots to the 2008 recession, Scott Cummings presents an unflinching account of five pivotal campaigns in which lawyers ally with local movements to challenge the abuses of garment sweatshops, the criminalization of day labor, the gentrification of downtown retail, the incursion of Wal-Mart groceries, and the misclassification of port truck drivers.

Through these campaigns, lawyers and activists define the city as a space for redefining work in vital industries transformed by deindustrialization, outsourcing, and immigration. Organizing arises outside of traditional labor law, powered by community-labor and racial justice groups using levers of local government to ultimately change the nature of labor law itself. 

Cummings shows that sophisticated legal strategy — engaging yet extending beyond courts, in which lawyers are equal partners in social movements — is an indispensable part of the effort to make L.A. a more equal place. Challenging accounts of lawyers' negative impact on movements, Cummings argues that the L.A. campaigns have achieved meaningful reform, while strengthening the position of workers in local politics, through legal innovation. Dissecting the reasons for failure alongside the conditions for success, this groundbreaking book illuminates the crucial role of lawyers in forging a new model of city-building for the twenty-first century.

--Dan Ernst

Law, Literature and America's Wars

Just out from the Oxford University Press: Cannons and Codes: Law, Literature, and America's Wars, edited by Alison L. LaCroix, Jonathan S. Masur, and Martha C. Nussbaum:

It can be said that western literature begins with a war story, the Iliad; and that this is true too of many non-Western literary traditions, such as the Mahabharata. And yet, though a profoundly human subject, war often appears to be by definition outside the realm of structures such as law and literature. When we speak of war, we often understand it as incapable of being rendered into rules or words. Lawyers struggle to fit the horrors of the battlefield, the torture chamber, or the makeshift hospital filled with wounded and dying civilians into the framework of legible rules and shared understandings that law assumes and demands. In the West's centuries-long effort to construct a formal law of war, the imperative has been to acknowledge the inhumanity of war while resisting the conclusion that it need therefore be without law. Writers, in contrast, seek to find the human within war--an individual story, perhaps even a moment of comprehension. Law and literature might in this way be said to share imperialist tendencies where war is concerned: toward extending their dominion to contain what might be uncontainable.

Law, literature, and war are thus all profoundly connected--and it is this connection this edited volume aims to explore, assembling essays by preeminent scholars to discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some of the contributions concern the lives of soldiers; others focus on civilians living in war zones who are caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, the volume aims to illuminate how literature has reflected the totalizing nature of war and the ways in which it distorts law across domain.

TOC after the Jump.  DRE

GLHC: Ablavsky's "Federal Ground"

[I have the following announcement from my Georgetown Law colleagues K-Sue Park and Kevin Arlyck.   DRE]

The Georgetown Legal History Colloquium reconvenes next week with the first of a projected two online book talks.  On March 1, from 12:30-1:50pm EST.  Greg Ablavsky, Stanford Law, will discuss his new book Federal Ground: Governing Property and Violence in the First U.S. Territories (Oxford University Press).  Professors Paul Frymer, Princeton University, and Bethel Saler, Haverford College, will respond.  RSVP here.

A Discussion of "The Neo-Liberal Republic"

On Monday, February 22, at 1:15 PM EST, Cornell University is sponsoring a discussion of Antoine Vauchez and Pierre France’s The Neoliberal Republic: Corporate Lawyers, Statecraft, and the Making of Public-Private France, which appears in Cornell University Press’s Corpus Juris book series, edited by Elizabeth S. Anker, Cornell University.  The discussants are Samuel Moyn, Yale University/Yale Law School, Mitchel Lasser, Cornell Law School, and Katharina Pistor, Columbia Law School.  Antoine Vauchez, Universite Paris 1–Sorbonne, will respond.  Professor Anker will moderate.  Register here.

--Dan Ernst.  H/t:  Thomas Perroud

Ford, "Dress Codes: How the Laws of Fashion Made History"

Simon & Schuster has published Dress Codes: How the Laws of Fashion Made History (Feb. 2021), by Richard Ford Thompson (Stanford Law School). A description from the Press:

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Merchants who dressed like princes and butchers’ wives wearing gem-encrusted crowns were public enemies in medieval societies structured by social hierarchy and defined by spectacle. In Tudor England, silk, velvet, and fur were reserved for the nobility and ballooning pants called “trunk hose” could be considered a menace to good order. The Renaissance era Florentine patriarch Cosimo de Medici captured the power of fashion and dress codes when he remarked, “One can make a gentleman from two yards of red cloth.” Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal for Black people to dress “above their condition.” In the 1920s, the bobbed hair and form-fitting dresses worn by free-spirited flappers were banned in workplaces throughout the United States and in the 1940s the baggy zoot suits favored by Black and Latino men caused riots in cities from coast to coast.

Even in today’s more informal world, dress codes still determine what we wear, when we wear it—and what our clothing means. People lose their jobs for wearing braided hair, long fingernails, large earrings, beards, and tattoos or refusing to wear a suit and tie or make-up and high heels. In some cities, wearing sagging pants is a crime. And even when there are no written rules, implicit dress codes still influence opportunities and social mobility. Silicon Valley CEOs wear t-shirts and flip flops, setting the tone for an entire industry: women wearing fashionable dresses or high heels face ridicule in the tech world and some venture capitalists refuse to invest in any company run by someone wearing a suit.

In Dress Codes, law professor and cultural critic Richard Thompson Ford presents an insightful and entertaining history of the laws of fashion from the middle ages to the present day, a walk down history’s red carpet to uncover and examine the canons, mores, and customs of clothing—rules that we often take for granted. After reading Dress Codes, you’ll never think of fashion as superficial again—and getting dressed will never be the same.

Advance praise:

“Dress Codes explores how for centuries fashion has marked a pathway for personal liberation and social critique even when it sought to reinforce class, race, and gender hierarchies. From nuns’ habits to flappers’ fringe to burkinis and hijabs, from Joan of Arc’s armor to Martin Luther King’s Sunday best, Richard Thompson Ford reveals a history of individual imagination capable of outwitting and recasting even the strictest rules. Ford’s writing is sharp, witty, and brilliant, with the elegance and craft of a bespoke suit." – Daniel Sharfstein

“I think that Dress Codes is long overdue. Clothing is at the heart of culture, indeed it is almost a definition of what we mean by the term culture, a constructed but ever changing expression of social relationships, beliefs and ideologies. We should all, as Richard Thompson Ford does so magnificently within this book, be taking fashion much more seriously.” – Ruth Goodman

More information is available here.

-- Karen Tani

Priest's "Credit Nation"

Claire Priest, Yale Law School, has published Credit Nation: Property Laws and Institutions in Early America (Princeton University Press):

Even before the United States became a country, laws prioritizing access to credit set colonial America apart from the rest of the world. Credit Nation examines how the drive to expand credit shaped property laws and legal institutions in the colonial and founding eras of the republic.

In this major new history of early America, Claire Priest describes how the British Parliament departed from the customary ways that English law protected land and inheritance, enacting laws for the colonies that privileged creditors by defining land and slaves as commodities available to satisfy debts. Colonial governments, in turn, created local legal institutions that enabled people to further leverage their assets to obtain credit. Priest shows how loans backed with slaves as property fueled slavery from the colonial era through the Civil War, and that increased access to credit was key to the explosive growth of capitalism in nineteenth-century America.

Credit Nation presents a new vision of American economic history, one where credit markets and liquidity were prioritized from the outset, where property rights and slaves became commodities for creditors’ claims, and where legal institutions played a critical role in the Stamp Act crisis and other political episodes of the founding period.

The YLS notice of the publication is here.

--Dan Ernst

Nunley's "At the Threshold of Liberty"

Tamika Y. Nunley, Oberlin College, has published At the Threshold of Liberty: Women, Slavery, and Shifting Identities in Washington, D.C. (University of North Carolina Press, 2021):

The capital city of a nation founded on the premise of liberty, nineteenth-century Washington, D.C., was both an entrepôt of urban slavery and the target of abolitionist ferment. The growing slave trade and the enactment of Black codes placed the city’s Black women within the rigid confines of a social hierarchy ordered by race and gender. At the Threshold of Liberty reveals how these women--enslaved, fugitive, and free--imagined new identities and lives beyond the oppressive restrictions intended to prevent them from ever experiencing liberty, self-respect, and power.

Consulting newspapers, government documents, letters, abolitionist records, legislation, and memoirs, Tamika Y. Nunley traces how Black women navigated social and legal proscriptions to develop their own ideas about liberty as they escaped from slavery, initiated freedom suits, created entrepreneurial economies, pursued education, and participated in political work. In telling these stories, Nunley places Black women at the vanguard of the history of Washington, D.C., and the momentous transformations of nineteenth-century America.

Here is an endorsement:

"Tamika Y. Nunley has written a nuanced, humane, and powerful history of Black women's freedom-making in Washington, D.C. At the Threshold of Liberty is a major contribution."--William G. Thomas III, author of A Question of Freedom: The Families Who Challenged Slavery from the Nation’s Founding to the Civil War

–Dan Ernst

Essays on a Rennaisance Scholar's Legal History of Roman Colonization

The Renaissance of Roman Colonization: Carlo Sigonio and the Making of Legal Colonial Discourse, edited by Jeremia Pelgrom and Arthur Weststeijn, has been published in The History and Theory of International Law at the Oxford University Press:

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. When antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance?

This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3-84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire.

Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyzes the context, making, and impact of Sigonio's reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from imperial reform and colonial independence in the nascent United States of America to Enlightenment accounts of property distribution. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance to today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

--Dan Ernst

Van Hulle's "Britain and International Law in West Africa"

Inge Van Hulle, Tilburg University, has just published Britain and International Law in West Africa: The Practice of Empire (Oxford University Press).  The book appears in the OUP series, The History and Theory of International Law.  Here is the abstract:

Africa often remains neglected in studies that discuss the historical relationship between international law and imperialism during the nineteenth century. When it does feature, focus tends to be on the Scramble for Africa, and the treaties concluded between European powers and African polities in which sovereignty and territory were ceded. Drawing on a wide range of archival material, Inge Van Hulle brings a fresh new perspective to this traditional narrative. She reviews the use and creation of legal instruments that expanded or delineated the boundaries between British jurisdiction and African communities in West Africa, and uncovers the practicality and flexibility with which international legal discourse was employed in imperial contexts. This legal experimentation went beyond treaties of cession, and also encompassed commercial treaties, the abolition of the slave trade, extraterritoriality, and the use of force.

The book argues that, by the 1880s, the legal techniques that were fashioned in the language of international law in West Africa had largely developed their own substantive characteristics. Legal ordering was not done in reference to adjudication before Western courts or the writings of Western lawyers, but in reference to what was deemed politically expedient and practically feasible by imperial agents for the preservation of social peace, commercial interaction, and humanitarian agendas.

--Dan Ernst

"Painting Constitutional Law": Cortada's Depictions of Supreme Court Cases from Florida, With Legal Commentary

New from Brill is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights, edited M.C. Mirow and Howard M. Wasserman:

In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law.

Chapter 1 May It Please the Court: Of Florida, from Florida, for Florida
Howard M. Wasserman

Chapter 2 Legal Iconography and Painting Constitutional Law
M.C. Mirow

Chapter 3 Xavier Cortada: Socially Engaged Activist Artist
Renée D. Ater

Chapter 4 Gideon v. Wainwright: The Surprising Power of a Prisoner Petition
Paul Marcus and Mary Sue Backus

Chapter 5 Williams v. Florida: What’s in a Number? Jury Function and Jury Numbers
Jenny E. Carroll

Chapter 6 Miami Herald Publishing Company v. Tornillo: Freedom of Speech for Whom?
Leslie C. Kendrick

Chapter 7 Proffitt v. Florida: Distorting Death
Corinna Barrett Lain

Chapter 8 Palmore v. Sidoti: The Troubling Effects of ‘Private Biases’
Linda C. McClain

Chapter 9 Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah: The Meaning of Free Exercise: Equality and Beyond
Kathleen A. Brady

Chapter 10 Seminole Tribe of Florida v. Florida: Sovereignty and the Eleventh Amendment Imag(in)ed
James E. Pfander

Chapter 11 Bush v. Gore: Haste Makes Mistakes
Erwin Chemerinsky

Chapter 12 Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection: On Art, Law, and the Power of the Sea
Laura S. Underkuffler

Chapter 13 Florida v. Jardines: The Distortions of Implied Artistic License
Andrew Guthrie Ferguson

--Dan Ernst

de la Rasilla's "International Law and History Modern Interfaces"

Ignacio de la Rasilla, Wuhan University, has published International Law and History
Modern Interfaces with cambridge University Press as part of the series Cambridge Studies in International and Comparative Law:

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Some endorsements:

'A fascinating and comprehensive analysis of scholarly trends in international legal history. In recent decades, the historical study of international law has expanded dramatically. De la Rasilla surveys the many perspectives and methodologies brought to the subject, offering both a guide and a thoughtful analytic perspective of his own.' David Kennedy, Manley O. Hudson Professor of Law and Faculty Director of the Institute of Global Law and Policy, Harvard Law School

'In recent years, the interest in the history of international law as a field of academic scrutiny has exploded. The rapid expansion of international law’s historiography and the proliferation of different approaches and methodologies have created an urgent need for guidance for the scholar who wants to survey the field and plot the course of her own contributions. In combining insightful discussions with an impressive knowledge of older and recent literature, Ignacio de la Rasilla has provided them with both a compass and a map.' Randall Lesaffer, Professor of Legal History at the Universities of Leuven and Tilburg and Series Editor of The Cambridge History of International Law

'Ignacio de la Rasilla has done a great scholarly service by digesting and organising the vast and various literatures on history and international law. His lucid, learned and comprehensive book is now an indispensable guide to this burgeoning field.' David Armitage, Lloyd C. Blankfein Professor of History, Harvard University and Affiliated Faculty, Harvard Law School

--Dan Ernst

Tulsa Law Review's Annual Book Review Issue

Tulsa Law Review 55:2 (2020), a book review issue, includes essays of interest to legal historians:

Reassessing the Historical Foundations of Originalism, by Lee Borocz-Johnson

The Second Creation: Fixing the American Constitution in the Founding Era, by Jonathan Gienapp

Forging the American Nation, 1787-1791: James Madison and the Federalist Revolution, by Shlomo Slonim

Triangulating Law and Political-Economic Development, by Jonathan Chausovsky

The Contract Clause: A Constitutional History, by James Ely Jr.

Child Labor in America: The Epic Struggle to Protect Children, by John A. Fliter

Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic, by Eric Lomazoff

Popular Legitimacy: A Tenuous Proposition, by Emily Pears

Building a Revolutionary State: The Legal Transformation of New York, 1776-1783, by Howard Pashman

We Have Not a Government: The Articles of Confederation and the Road to the Constitution, by George Van Cleve

The Many Faces of American Captivity and Its Legal Matrix: A Review Essay, by Christian Pinnen

University, Court, and Slave: Pro-Slavery Thought in Southern Colleges and Courts and the Coming of the Civil War, by Alfred L. Brophy

Supreme Injustice: Slavery in the Nation's Highest Court, by Paul Finkelman

Borderlands of Slavery: The Struggle over Captivity and Peonage in the American Southwest, by William Kiser

Free Speech Idealism, by Timothy Zick

The Taming of Free Speech: America's Civil Liberties Compromise, by Laura Weinrib

Speak Freely: Why Universities Must Defend Free Speech, by Keith E. Whittington
 
Who Is Responsible for Presidential Supremacy? by Kathleen Tipler

Supreme Court Expansion of Presidential Power: Unconstitutional Leanings, by Louis Fisher

President Obama: Constitutional Aspirations and Executive Actions, by Louis Fisher

Reclaiming Accountability: Transparence, Executive Power, and the U.S. Constitution, by Heidi Kitrosser

--Dan Ernst

Mistry & Gurman, eds., "Whistleblowing Nation: The History of National Security Disclosures and the Cult of State Secrecy"

Columbia University Press has published Whistleblowing Nation: The History of National Security Disclosures and the Cult of State Secrecy (2021), edited by Kaeten Mistry (University of East Anglia) and Hannah Gurman (New York University Gallatin School of Individualized Study). A description from the Press:

The twenty-first century witnessed a new age of whistleblowing in the United States. Disclosures by Chelsea Manning, Edward Snowden, and others have stoked heated public debates about the ethics of exposing institutional secrets, with roots in a longer history of state insiders revealing privileged information. Bringing together contributors from a range of disciplines to consider political, legal, and cultural dimensions, Whistleblowing Nation is a pathbreaking history of national security disclosures and state secrecy from World War I to the present.

The contributors explore the complex politics, motives, and ideologies behind the revelation of state secrets that threaten the status quo, challenging reductive characterizations of whistleblowers as heroes or traitors. They examine the dynamics of state retaliation, political backlash, and civic contests over the legitimacy and significance of the exposure and the whistleblower. The volume considers the growing power of the executive branch and its consequences for First Amendment rights, the protection and prosecution of whistleblowers, and the rise of vast classification and censorship regimes within the national-security state. Featuring analyses from leading historians, literary scholars, legal experts, and political scientists, Whistleblowing Nation sheds new light on the tension of secrecy and transparency, security and civil liberties, and the politics of truth and falsehood.

Advance praise:

As Kaeten Mistry and Hannah Gurman demonstrate in this brilliant and compelling collection, the fates of national security whistleblowing and democracy are linked. These sharply written essays examine the characteristics of whistleblowers, the way secrecy and whistleblowing have changed over time, the interests at stake when the government prosecutes whistleblowers, and much more. Whistleblowing Nation is essential reading on the tensions between government secrecy and the transparency essential in a democracy. -- Mary L. Dudziak

For a list of contributors, check out the Table of Contents. More information is available here. 

H/t New Books in Law, where you can find an interview with the editors.

-- Karen Tani

A Blurb for Bartie's "Free Hands and MInds"

Some time ago, we posted a notice of Susan Bartie’s Free Hands and Minds: Pioneering Australian Legal Scholars.  At the time, we had no endorsement to post with it.  We have one now:

Free Hands and Minds is centered in absolutely first rate, short-form—longer than an article and shorter than a book—intellectual biographies of three Australian legal scholars, each active at the time when Australian law teaching was professionalizing years after World War II.  Peter Brett who took a Harvard JSD under Henry Hart centered his work  on Criminal Law; Alice Erh-Soon Tay, first on comparisons with and between the Marxist legal systems of China and Russia and later on Human rights; and Geoffrey Sawer the law governing Australian federalism seen from the perspective of political and social circumstances at the time of the relevant decisions.  For each, the scholarship is taken seriously, the life is taken seriously and the academic surround is taken seriously, pretty much all at the same time.  No one could ask more from work in this form.

                    --John Henry Schlegel, University at Buffalo School of Law

--Dan Ernst