Law F19

Law

Fall / Winter 2019

Cover image

forthcoming

Blue Legalities

The Life and Laws of the Sea Edited by Irus Braverman & Elizabeth R. Johnson

January 2020 368pp 34 illus.

9781478006541 £24.99 / $28.95 PB 9781478005926 £92.00 / $104.95 HB DUKE UNIVERSITY PRESS

The ocean and its inhabitants sketch and stretch our understandings of law in unexpected ways. Inspired by the blue turn in the social sciences and humanities, Blue Legalities explores how regulatory frameworks and governmental infrastructures are made, reworked, and contested in the oceans. Its interdisciplinary contributors analyze topics that range from militarization and Maori cosmologies to island building in the South China Sea and underwater robotics. Throughout, Blue Legalities illuminates the vast and unusual challenges associated with regulating the turbulent materialities and lives of the sea. Offering much more than an analysis of legal frameworks, the chapters in this volume show how the more-than-human ocean is central to the construction of terrestrial institutions and modes of governance.

By thinking with the more-thanhuman ocean, Blue Legalities questions what we think we know— and what we don’t know—about oceans, our earthly planet, and ourselves.

The Toughest Gun Control Law in the Nation

Mettray

The Arc of Protection

November 2019 304pp 9781479835614 £25.99 / $32.00 HB

November 2019 296pp 10 b&w halftones 9781501740183 £38.00 / $43.95 HB

September 2019 145pp 9781503611412 £11.99 / $14.00 PB

Excludes SE Asia & ANZ

Excludes ANZ

The Unfulfilled Promise of New York's SAFE Act James B. Jacobs & Zoe Fuhr NEW YORK UNIVERSITY PRESS

In The Toughest Gun Control Law in the Nation, James B. Jacobs and Zoe Fuhr ask whether the 2013 SAFE Act —hailed by Governor Andrew Cuomo as “the nation’s toughest gun control law” – has lived up to its promise.

Jacobs and Fuhr illuminate the gap between gun control on the books and gun control in action. They argue that, to be effective, gun controls must be capable of implementation and enforcement. This requires realistic design, administrative and enforcement capacity and commitment and ongoing political and fiscal support. They show that while the SAFE Act was good symbolic politics, most of its provisions were not effectively implemented or, if implemented, not enforced. Gun control in a society awash with guns poses an immense regulatory challenge. The Toughest Gun Control Law in the Nation takes a toughminded look at the technological, administrative, fiscal and local political impediments to effectively keeping guns out of the hands of dangerous persons and eliminating some types of guns altogether.

A History of France's Most Venerated Carceral Institution Stephen A. Toth

CORNELL UNIVERSITY PRESS

The Mettray Penal Colony was a private reformatory without walls, established in France in 1840 for the rehabilitation of young male delinquents. Foucault linked its opening to the most significant change in the modern status of prisons and now, at last, Stephen Toth takes us behind the gates to show how the institution legitimized France's repression of criminal youth and added a unique layer to the nation's carceral system. Drawing on insights from sociology, criminology, critical theory, and social history, Stephen Toth dissects Mettray's social anatomy, exploring inmates' experiences and demonstrating that the colony was an ill-conceived project marked by internal contradictions. Toth explores the daily grind of existence: living conditions, discipline, labor, sex, and violence. Thus, he gives voice to the incarcerated, not simply to the incarcerators, whose ideas and agendas tend to dominate the historical record. Mettray is, above all else, a deeply personal illumination of life inside France's most venerated carceral institution.

Books stocked at Marston Book Services Tel: +44 (0)1235 465500 | enquiries@combinedacademic.co.uk | www.combinedacademic.co.uk

Reforming the International Refugee Regime Alex Aleinikoff & Leah Zamore STANFORD UNIVERSITY PRESS

Designed in the wake of World War II to provide protection and assistance, the international refugee system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers.

People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals with developmental aims and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

Cover image forthcoming

Affective Justice

The International Criminal Court and the Pan-Africanist Pushback Kamari Maxine Clarke

December 2019 368pp 7 illus.

9781478006701 £24.99 / $28.95 PB DUKE UNIVERSITY PRESS

Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period.

The Color of Creatorship

Intellectual Property, Race, and the Making of Americans Anjali Vats

November 2019 280pp 9781503610958 £22.99 / $28.00 PB 9781503603301 £77.00 / $90.00 HB STANFORD UNIVERSITY PRESS

The Color of Creatorship contributes to a rapidly developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

Dispute System Design

Preventing, Managing, and Resolving Conflict Lisa Blomgren Amsler, Janet Martinez & Stephanie E. Smith

February 2020 592pp 9780804771764 £60.00 / $70.00 HB STANFORD UNIVERSITY PRESS

Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally framed disputes. The authors draw on their decades of expertise as instructors, experts, and consultants to show how dispute systems design can be used within all types of organizations.

The Grip of Sexual Violence in Conflict Feminist Interventions in International Law Karen Engle

Stanford Studies in Human Rights February 2020 288pp 9781503611245 £22.99 / $28.00 PB 9781503607941 £77.00 / $90.00 HB STANFORD UNIVERSITY PRESS

Engle reveals that as transnational feminists began to pay attention to sexual violence in conflict, they often did so at the cost of attention to other issues. This book offers a detailed examination of how these commitments were not merely deprioritized, but undermined, by efforts to address the sole issue of sexual violence.

Free Speech Beyond Words

The Surprising Reach of the First Amendment Mark V. Tushnet, Alan K. Chen & Joseph Blocher February 2020 272pp 9781479805518 £14.99 / $17.95 NIP NEW YORK UNIVERSITY PRESS

Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech.

Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.”

Excludes SE Asia & ANZ

The Psychology of Property Law

Stephanie M. Stern Preface by Linda J. Demaine & Daphna Lewinsohn-Zamir

Psychology and the Law February 2020 312pp 9781479878895 £34.00 / $40.00 PB 9781479835683 £103.00 / $120.00 HB NEW YORK UNIVERSITY PRESS

Stern explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. This book considers whether property law’s goals could be achieved more successfully with different rules.

Excludes SE Asia & ANZ

Good Governance in Economic Development

International Norms and Chinese Perspectives Sarah Biddulph & Ljiljana Biukovic

Asia Pacific Legal Culture and Globalization September 2019 331pp 9780774861922 £77.00 / $89.95 HB UBC PRESS

This book critically examines the transparency and accountability mechanisms underpinning international trade, finance, and investment regimes, particularly in view of the intensifying influence of China.

Excludes SE Asia, Indian sc & ANZ

Theaters of Pardoning Bernadette Meyler

Corpus Juris: The Humanities in Politics and Law September 2019 324pp 1 b&w halftone 9781501739347 £24.99 / $29.95 PB 9781501739330 £52.00 / $59.95 HB CORNELL UNIVERSITY PRESS

From Gerald Ford's preemptive pardon of Richard Nixon to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination.

Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England.

Excludes ANZ

Cover image

forthcoming

Trustees at Work

Financial Pressures, Emotional Labour, and Canadian Bankruptcy Law Anna Lund

Law and Society November 2019 214pp 12 tables, 2 charts 9780774861410 £77.00 / $89.95 HB UBC PRESS

Trustees at Work explores the role of bankruptcy trustees in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. This book draws on interviews and statistical data to expand the research on insolvency professionals and examines the legal constraints and emotional pressures they face.

Excludes SE Asia, Indian sc & ANZ

Criminology Cops, Cameras, and Crisis

The Potential and the Perils of Police Body-Worn Cameras Michael D. White & Aili Malm

March 2020 200pp 9781479850150 £20.99 / $25.00 PB 9781479820177 £77.00 / $89.00 HB NEW YORK UNIVERSITY PRESS

Following the tragic deaths at the hands of police, interest in body-worn cameras for law enforcement has skyrocketed. Michael D. White and Aili Malm provide an up-to-date analysis of this promising technology, evaluating whether it can address today’s crisis in police legitimacy.

Immigrant Rights in the Nuevo South

Enforcement and Resistance at the Borderlands of Illegality Meghan Conley November 2019 236pp 9781439916452 £23.99 / $29.95 PB 9781439916445 £78.00 / $94.50 HB TEMPLE UNIVERSITY PRESS

Conley seeks to expose and challenge these dehumanizing ideas and practices by examining the connections between repression and resistance for unauthorized immigrants in communities across the American Southeast.

Excludes Asia Pacific

Panic City

Crime and the Fear Industries in Johannesburg Martin Murray

February 2020 344pp 9781503611269 £24.99 / $30.00 PB 9781503610194 £77.00 / $90.00 HB STANFORD UNIVERSITY PRESS

Johannesburg remains haunted by its tortured history of racial segregation and burdened by enduring inequalities. Panic City is an exploration of urban fear and its impact on the city’s evolving siege architecture, the transformation of policing, and obsession with security that has fueled unprecedented private consumption of ‘protection services.’

Excludes SE Asia & ANZ

Cover image forthcoming

Taking Juvenile Justice Seriously

Developmental Insights and System Challenges Christopher J. Sullivan

October 2019 330pp 9781439915790 £33.00 / $39.95 PB 9781439915783 £86.00 / $104.50 HB TEMPLE UNIVERSITY PRESS

The juvenile justice system navigates a high degree of variation in youthful offenders. In his essential book, Taking Juvenile Justice Seriously, Christopher Sullivan systematically analyzes key facets of justice-involved youth populations and parses cases to better understand core developmental influences that affect delinquency.

Excludes Asia Pacific

The Rise of Big Data Policing Surveillance, Race, and the Future of Law Enforcement Andrew Guthrie Ferguson

November 2019 272pp 9781479869978 £16.99 / $19.95 NIP NEW YORK UNIVERSITY PRESS

The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.

Excludes SE Asia & ANZ

Understanding Police Interrogation

Confessions and Consequences William Douglas Woody & Krista D. Forrest

Psychology and Crime March 2020 320pp 9781479816576 £28.99 / $35.00 PB 9781479860371 £85.00 / $99.00 HB NEW YORK UNIVERSITY PRESS

Understanding Police Interrogation provides a single comprehensive source for understanding issues relating to police interrogation and confession. It sheds light on the range of factors that may influence the outcome of the interrogation of a suspect and which may also inadvertently lead to false confessions.

Excludes SE Asia & ANZ

Human Rights Human Rights and Global Governance

Power Politics Meets International Justice William H. Meyer

Pennsylvania Studies in Human Rights December 2019 280pp 5 illus.

9780812251760 £60.00 / $69.95 HB UNIVERSITY OF PENNSYLVANIA PRESS

Meyer defines global governance as the management of global issues within a political space that has no single centralized authority. He presents a series of case studies at the intersection of power politics and international justice.

Cover image

Cover image

forthcoming

Human Rights Education Forging an Academic Discipline Sarita Cargas

Pennsylvania Studies in Human Rights December 2019 224pp 1 illus.

9780812251791 £60.00 / $69.95 HB UNIVERSITY OF PENNSYLVANIA PRESS

Cargas argues that the time has come for human rights to be acknowledged as an academic discipline. In an analysis of human-rights curricula, she identifies an informal consensus on the epistemological foundations of human rights and, most crucially, awareness and advocacy of the rights and freedoms detailed in the articles of the UDHR.

Sex and International Tribunals

The Erasure of Gender from the War Narrative Chiseche Salome Mibenge

Pennsylvania Studies in Human Rights September 2019 248pp 9780812224542 £24.99 / $29.95 NIP UNIVERSITY OF PENNSYLVANIA PRESS

In Sex and International Tribunals, Chiseche Salome Mibenge applies stringent analysis to the humanitarian but flawed legal narratives of sexual violence in Rwanda and Sierra Leone, calling for more nuanced analysis of how gender shapes violence and access to justice for survivors.

forthcoming

Legalizing Sex

Sexual Minorities, AIDS, and Citizenship in India Chaitanya Lakkimsetti

January 2020 208pp 9781479826360 £24.99 / $30.00 PB 9781479810024 £77.00 / $89.00 HB NEW YORK UNIVERSITY PRESS

This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rightsbased struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue.

Religious Freedom Under Scrutiny

Heiner Bielefeldt & Michael Wiener

Pennsylvania Studies in Human Rights December 2019 280pp 1 illus.

9780812251807 £56.00 / $65.00 HB UNIVERSITY OF PENNSYLVANIA PRESS

Drawing on their considerable experience in the field, Bielefeldt and Wiener provide a typological overview and analysis of violations around the world that illustrate the underlying principles as well as the relationship between freedom of religion or belief and other human rights.

Excludes SE Asia & ANZ

The Ecology of Childhood

How Our Changing World Threatens Children’s Rights Barbara Bennett Woodhouse

Families, Law, and Society January 2020 368pp 9780814794845 £52.00 / $60.00 HB NEW YORK UNIVERSITY PRESS

The Ecology of Childhood uses the ecological model of child development together with ethnographic and comparative studies of two small villages, in Italy and the United States, as its framework for examining the well-being of children in the aftermath of the Great Recession.

Excludes SE Asia & ANZ

Settler Colonialism, Race, and the Law

Why Structural Racism Persists Natsu Taylor Saito

Citizenship and Migration in the Americas March 2020 368pp 9780814723944 £52.00 / $60.00 HB NEW YORK UNIVERSITY PRESS

Saito provides a timely analysis of structural racism at the intersection of law and colonialism. This book suggests that settler colonial theory provides a more coherent understanding of what causes and what can help remediate racial disparities.

Excludes SE Asia & ANZ

The Promise of Human Rights

Constitutional Government, Democratic Legitimacy, and International Law Jamie Mayerfeld

Pennsylvania Studies in Human Rights September 2019 320pp 9780812224580 £24.99 / $29.95 NIP UNIVERSITY OF PENNSYLVANIA PRESS

Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the U.S.

When Misfortune Becomes Injustice

Evolving Human Rights Struggles for Health and Social Equality Alicia Ely Yamin

Stanford Studies in Human Rights February 2020 328pp 9781503611306 £21.99 / $26.00 PB 9781503605411 £73.00 / $85.00 HB STANFORD UNIVERSITY PRESS

This book surveys the last thirty years of health, economic, and social rights advancement within the international human rights community. Alicia Ely Yamin reflects on her firsthand experience as an academic, practitioner, and advocate to explore the shift in how international human rights bodies approached issues of health and ill-health.