Law

Revisiting Written in Stone, A Guest Post by Sanford Levinson

svl55-largeSanford Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School. In today’s guest post he writes about how his 1998 book Written in Stone continues to be relevant but in constant need of updating. We published a 20th Anniversary Edition in 2018. Through August 31, 2020 we are offering a 40% discount on the book with coupon code STONE40. We hope you’ll consider adding it to your reading list or syllabus.

This fall, for the third time, I will be teaching a “reading course” at the Harvard Law School on “Monuments and Memorialization.” Needless to say, among the readings is my Duke University Press book Written in Stone: Public Monuments in Changing Societies. Originally published in 1998, the Press published a second edition in 2018, with what turned out to be a new afterword of some 20,000 words, together with a new cover—a picture of Robert E. Lee’s statue being removed from Lee Circle in New Orleans—and a variety of other new photographs of controversial monuments. When the second edition was initially planned in 2016, the thought was that I would write a new afterword of about 5,000 words and that the new edition would be published in early 2018 (at the latest). As John Lennon famously sang, though, “Life is what happens to you while you’re busy making other plans.” Among the things that happened between initial plan and publication in September 2015 was the massacre in Charleston, the 2016 March in Charlottesville, Virginia, and the ensuing taking down of many monuments, particularly in the states of the Confederacy. And, of course, at the present time the entire country is experiencing the aftermath of the murder by a Minneapolis police officer of George Floyd in Minneapolis, including the renewed attention on monuments (and building names) across the country. For example, Lake Calhoun, in Minneapolis, named after John C. Calhoun, the leading defender of the slavocracy in his long career in American politics, was renamed, though not without controversy, Bde Maka Ska, described by the Minneapolis Star Tribune as “its original Dakota name.

Written in StoneGiven events in Minneapolis; Richmond, Virginia; Bristol, England; and Brussels, Belgium, to name only and handful of recent locales where monuments have come down or places renamed, friends have encouraged me to prepare a third edition of Written in Stone. There is a good reason for not doing so at the present time: Such an edition, at least at this time, would have to be published in a loose-leaf version! As I prepare my syllabus for the course this fall, I find myself revising it almost literally every day, as new actions are undertaken and arguments presented. Just this week, toward the end of June, 2020, for example, it appears very likely that Washington and Lee University, in Lexington, Virginia, will drop Robert E. Lee’s name, though, no doubt, some students, both African-American and white, might at least wonder why the slaveowning George Washington deserves continued honor.

And Princeton University, after deciding in 2018 to retain Woodrow Wilson’s name for its eminent School of Public Affairs, announced that it would drop it. Princeton President Christopher L. Eisgruber wrote an op-ed in the Washington Post explaining his own change of mind. Eisgruber took note of “Wilson’s genuine achievements,” not to mention his centrality to the development of Princeton because of his service as one of Eisgruber’s predecessors. Wilson, therefore, “is a far different figure than John C. Calhoun or Robert E. Lee, people whose pro-slavery commitments defined their careers and who were sometimes honored for the purpose of supporting segregation or racism. Princeton honored Wilson without regard to, and perhaps even in ignorance of, his racism.” Eisgruber now believes that “ignorance” was “precisely the problem. Princeton is part of an America that has too often disregarded, ignored and turned a blind eye to racism, allowing the persistence of systems that discriminate against black people….”  There is nothing innocent about naming programs or buildings. “When a university names its public policy school for a political leader, it inevitably offers the honoree as a role model for its students. However grand some of Wilson’s achievements may have been, his racism disqualifies him from that role.” It is no longer possible to “disregard or ignore racism when deciding whom we hold up to our students as heroes or role models…. Our commitment to eliminate racism must be unequivocal, and that is why we removed the name of Princeton’s modern-day founder from its School of Public and International Affairs.”

Fortunately, Written in Stone, especially in its expanded second edition, pays extended attention to a number of analyses of policies about monuments that were prepared at a variety of universities, including Harvard, Yale, Princeton, Duke, and the University of Texas, as well as by a special committee appointed by the Mayor of New York. I also treat at length an absolutely remarkable speech by former New Orleans mayor Mitch Landrieu explaining his decision to remove a number of Confederate statues from the city’s public space, including the aforementioned one of Robert E. Lee.

At the present time, there are two central issues at the forefront of the controversy over monuments and memorialization. First, who exactly deserves the kind of public honor that is conveyed, say, by a statue in front of a major public building? In New York City, for example, a statue of Theodore Roosevelt in front of the New York Museum of Natural History that was explicitly considered by the Mayor’s Committee, which recommended against removing it, has now been slated for removal because it demeans African- and Native-Americans in placing them in a decidedly subordinate position to Roosevelt atop his horse. Many statues of Christopher Columbus are being removed, not to mention, of course, the myriad of statues honoring those who took up arms against the United States in 1861-65 and vigorously advocated the maintenance of white supremacy (including lynchings) thereafter. Some of these examples seem quite easy to resolve. Others, as with Roosevelt, Columbus, or Woodrow Wilson, appear considerably more difficult.

But, especially to a lawyer like myself, a second important issue involves the process by which decisions to remove (or maintain) statues or to rename buildings or, as in Minnesota, lakes, should be made. Even if one heartily approves, for example, of attempts to remove the slaveowning and anti-Native American Andrew Jackson’s statue from Lafayette Park, in Washington, one can, at the same time, be disturbed if that decision, in effect, is made by demonstrators (or, as some people might describe them, a “mob”). It is not simply that a structured process would give people an opportunity to make a variety of conflicting arguments, with the final decision made by bodies ranging from a city council to the voters in a local referendum; rather, it is almost certainly also the case that the losers who might lament the demotion of their own “heroes” from the public square might at least feel somewhat mollified if they felt they had a fair opportunity to make their arguments and they lost “fair and square.”

Elizabeth Ault on the Cancelled Geography Conference

Like all other conferences this spring, efforts to mitigate the spread of the COVID-19 virus have led to the cancellation of the Association of American Geographers conference(AAG) in Denver. We know that many of you look forward to stocking up on new books at special discounts at our conferences, so we are pleased to extend a 50% discount on all in-stock books and journal issues through May 1. Use coupon code SPRING50 to save 50% when ordering online. In addition, if you spend $100 or more, we are offering free shipping to U.S. addresses. Journal subscriptions and society memberships don’t qualify for the 50% discount, but they do count toward the $100 threshold.

Instead of greeting Editor Elizabeth Ault in person this year, check out her recommendations for new titles in the discipline.

EAult_web Greetings geographers and allies! Since my first AAG in New Orleans, the meeting has quickly claimed a place in my heart and my brain and become important for a broad range of Duke Press books. I’m very relieved that the conference was cancelled and that the organizers have done so much to move things online though there’s no substitute for the real thing, as far as I’m concerned! But you can peruse the virtual exhibit hall, attend online sessions, and shop our website for 50% off our books! 

The Black ShoalsThere were several “author meets critics” (or “author meets comrades”!) panels scheduled for new Duke books: the panel on Tiffany King’s The Black Shoals promised to highlight the exciting and growing prominence of Black Geographies at the conference, signaled also by Ruth Wilson Gilmore’s receiving a Lifetime Achievement Award this year (congratulations, Ruthie—keep your eyes out for her forthcoming volume, edited with Paul Gilroy, of Stuart Hall’s writings on race). 

King’s work invites conversations with indigenous geographies as well. Rob Nichols’s new book Theft Is Property! picks up on this conversation as well, considering dispossession as a unique historical process in the context of colonialism. 

Savage EcologyAnother author meets critics panel, for Jairus Grove’s Savage Ecologies (just imagine this cover at booth poster size!!), would have explored Grove’s ecological theory of geopolitics. Asher Ghertner, Hudson McFann, and Daniel Goldstein’s new collection Futureproof considers similar questions of security and risk management from a global and affective perspective. 

We were also hoping to catch an author meets the critics panel with Louise Amoore, whose book Cloud Ethics is out in May. She examines how machine learning algorithms are transforming the ethics and politics of contemporary society.

978-1-4780-0654-1_prOther books we were looking forward to highlighting at the conference include Hannah Appel’s Licit Life of Capitalism, about how global oil markets create and spatialize inequalities (relevant to fans of Michael Watts, who received another one of this year’s lifetime achievement awards!);  Blue Legalities,  a new collection from Irus Braverman and Elizabeth Johnson considering the challenges and complications of reglating human and more-than-human life at sea; and Davina Cooper’s Feeling Like a State, which asks what lessons for reshaping society and the state in more just ways we might learn from…withdrawing.

Finally, though Denver is far from Hawai’i, I think y’all would have appreciated seeing Hokulani Aikau and Vernadette Gonzalez’s Detours: A Decolonial Guide to Hawai’i–and might find its richly illustrated, detailed account of the islands a provocative and useful escape during this time of staying put. That book has also inaugurated a new book series seeking to decolonize the tourbook and increase our awareness of the histories and spaces travelers inhabit–keep an eye out for those at future meetings!

Sending all my best for health, safety, and sanity, and hoping to see everyone next year in Seattle!

If you were hoping to connect with Elizabeth Ault or Courtney Berger about your book project at AAG, please reach out to them by email. See our editors’ specialties and contact information here and our submissions guidelines here. We are now accepting submissions online!

Check out our great journals as well. In a special issue of Cultural Politics edited by Morgan Adamson and Sarah Hamblin, Legacies of ’68: Histories, Geographies, Epistemologies, contributors discuss the historical significance and cultural legacies of 1968 from the vantage point of contemporary politics. Focusing on the year’s geographical scope and epistemological legacies, the authors map out the global connections between the various movements that comprise 1968 and trace the legacies of these ideas to examine how the year continues to shape political, cultural, and social discourse on both the left and the right.

Radical Transnationalism,” an issue of Meridians edited by Ginetta Candelario, looks at the expansive domains of transnational feminism, considering its relationship to different regions, historical periods, fields, and methodologies. Understanding that transnational feminism emerges from multiple locales across the Global South and North, this group of contributors investigates settler colonialism, racialization, globalization, militarization, decoloniality, and anti-authoritarian movements as gendered political and economic projects.

Once again, we’re sorry to miss you in person but hope the 50% discount with free U.S. shipping on orders over $100 will make it possible for you to pick up some new books and journal issues. Use coupon SPRING50 at checkout and see the fine print on the sale here.

New Books in January

If one of your resolutions for 2020 is to read more books, we’ve got you covered. Ring in the new year with these captivating new releases!

In Beneath the Surface, Lynn M. Thomas constructs a transnational history of skin lighteners in South Africa and beyond, theorizing skin and skin color as a site for antiracist struggle and lighteners as a technology of visibility that both challenges and entrenches racial and gender hierarchies.

Weaving U.S. history into the larger fabric of world history, the contributors to Crossing Empires de-exceptionalize the American empire, placing it in a global transimperial context as a way to grasp the power relations that shape imperial formations. This collection is edited by Kristin L. Hoganson and Jay Sexton.

Engaging contemporary photography by Sally Mann, Lorna Simpson, Carrie Mae Weems, and others, Shawn Michelle Smith traces how historical moments come to be known photographically and the ways in which the past continues to inhabit, punctuate, and transform the present through the photographic medium in Photographic Returns.

Spanning the centuries between pre-contact indigenous Haiti to the aftermath of the 2010 earthquake, the selections in The Haiti Reader introduce readers to Haiti’s dynamic history and culture from the viewpoint of Haitians from all walks of life. This volume is edited by Laurent Dubois, Kaiama L. Glover, Nadève Ménard, Millery Polyné, and Chantalle F. Verna.

The contributors to Futureproof (edited by D. Asher Ghertner, Hudson McFann, and Daniel M. Goldstein) examine the affective and aesthetic dimensions of security infrastructures and technology with studies ranging from Jamaica and Jakarta to Colombia and the US-Mexico border.

Examining abjection in a range of visual and material culture, the contributors to Abjection Incorporated move beyond critiques of abjection as a punitive form of social death to theorizing how it has become a means to acquire political and cultural capital in the twenty-first century. This volume is edited by Maggie Hennefeld and Nicholas Sammond.

Margaret E. Dorsey and Miguel Díaz-Barriga argue that border wall construction along the U.S.–Mexico border manifests transformations in citizenship practices that are aimed not only at keeping migrants out but also enmeshing citizens into a wider politics of exclusion in Fencing in Democracy.

In Politics of Rightful Killing, Sima Shakhsari analyzes the growth of Weblogistan—the online and real-life transnational network of Iranian bloggers in the early 2000s—and the ways in which despite being an effective venue for Iranians to pursue their political agendas, it was the site for surveillance, cooptation, and self-governance.

In Invisibility by Design, Gabriella Lukács traces how young Japanese women’s unpaid labor as bloggers, net idols, “girly” photographers, online traders, and cell phone novelists was central to the development of Japan’s digital economy in the 1990s and 2000s.

Presented in the context of the nonprofit arts collective More Art’s fifteen-year history, and featuring first-person testimony, critical essays, and in-depth documentary materials, More Art in the Public Eye is an essential, experiential guide to the field of socially engaged public art and its increasing relevance. This volume is edited by Micaela Martegani, Jeff Kasper, and Emma Drew, and we are distributing it for More Art.

Shana L. Redmond traces Paul Robeson’s continuing cultural resonances in popular culture and politics in Everything Man, showing how he remains a vital force and presence for all those he inspired.

In The Complete Lives of Camp People, Rudolf Mrázek presents a sweeping study of the material and cultural lives of internees of two twentieth-century concentration camps and the multiple ways in which their experiences speak to and reveal the fundamental logics of modernity.

In Avian Reservoirs, Frédéric Keck traces how the anticipation of bird flu pandemics has changed relations between birds and humans in Hong Kong, Singapore, and Taiwan, showing that humans’ reliance on birds is key to mitigating future pandemics.

Collecting texts from all corners of the world that span antiquity to the present, The Ocean Reader (edited by Eric Paul Roorda) charts humans’ relationship to the ocean, treating it as a dynamic site of history, culture, and politics.

The contributors to Blue Legalities attend to the seas as a legally and politically conflicted space to analyze the conflicts that emerge where systems of governance interact with complex geophysical, ecological, economic, biological, and technological processes. This collection is edited by Irus Braverman and Elizabeth R. Johnson.

Never miss a new book! Sign up for our e-mail newsletters, and get notifications of new titles in your preferred disciplines as well as discounts and other news.

New Books in November

This month, we’re offering a cornucopia of fresh titles in anthropology, media studies, sociology, history, native and indigenous studies, and more. Take a look at all of these exciting new books available in November!

978-1-4780-0649-7_prWhat does it mean to be a decolonial tourist? We are excited to present our first travel guide book,  Detours, edited by Hokulani K. Aikau and Vernadette Vicuna Gonzalez.  In the book artists, activists, and scholars redirect readers from the fantasy of Hawai‘i as a tropical paradise and tourist destination toward a multilayered and holistic engagement with Hawai‘i’s culture, complex history, and the effects of colonialism. We’ll have lots of copies at the American Studies Association meeting in Honolulu later this month.

Mark Goodale’s ethnographic study of Bolivian politics and society between 2006 and 2015, A Revolution in Fragments, reveals the fragmentary and contested nature of the country’s radical experiments in pluralism, ethnic politics, and socioeconomic planning.colonialism.

In The Politics of Taste Ana María Reyes examines how the polarizing art of Beatriz González disrupted Cold War aesthetic discourses and the politics of class and modernization in 1960s Colombia.

Nicholas D’Avella offers an ethnographic reflection on the value of buildings in post-crisis Buenos Aires in Concrete Dreams, showing how everyday practices transform buildings into politically, economically, and socially consequential objects, and arguing that such local forms of value and practice suggest possibilities for building better futures.

In his engaging and moving book, Honeypot, E. Patrick Johnson combines magical realism, poetry, and performative writing to bear witness to the real-life stories of black southern queer women in ways that reveal the complexity of identity and the challenges these women face. Johnson is on a book tour for Honeypot. Look for a post later this month with all the dates.

In Trans Exploits Jian Neo Chen examines how contemporary trans of color artists are tracking and resisting their displacement and social marginalization through new forms of cultural expression, performance, and activism.

 

In Punctuations Michael J. Shapiro examines how the use of punctuation—conceived not as a series of marks but as a metaphor for the ways in which artistic genres engage with intelligibility—in art opens pathways for thinking through the possibilities for oppositional politics.

In a meditation on loss, inheritance, and survival, The Unspoken as Heritage, renowned historian Harry Harootunian explores the Armenian genocide’s multigenerational afterlives that remain at the heart of the Armenian diaspora by sketching the everyday lives of his parents, who escaped the genocide in the 1910s.

Tyler Denmead critically examines his role as the founder of New Urban Arts—a nonprofit arts program for young people of color in Providence, Rhode Island—and how despite its success, it unintentionally contributed to Providence’s urban renewal efforts, gentrification, and the displacement of people of color in The Creative Underclass.

Kamari Maxine Clarke explores the African Union’s pushback against the International Criminal Court in order to theorize affect’s role in shaping forms of justice in Affective Justice.

In Before the Flood, Jacob Blanc examines the creation of the Itaipu Dam—the largest producer of hydroelectric power in the world—on the Brazil–Paraguay border during the 1970s and 1980s to explore the long-standing conflicts around land, rights, indigeneity, and identity in rural Brazil.

In Screening Race in American Nontheatrical Film, edited by Allyson Nadia Field and Marsha Gordon, the contributors examine the place and role of race in educational films, home movies, industry and government films, anthropological films, church films, and other forms of noncommercial filmmaking throughout the twentieth century.

Deborah A. Thomas uses the 2010 military and police incursion into the Kingston, Jamaica, Tivoli Gardens neighborhood as a point of departure for theorizing the roots of contemporary state violence in Jamaica and other post-plantation societies in Political Life in the Wake of the Plantation.

In Progressive Dystopia Savannah Shange traces the afterlives of slavery as lived in a progressive high school set in post-gentrification San Francisco, showing how despite the school’s sincere antiracism activism, it unintentionally perpetuated antiblackness through various practices.

In Sacred Men Keith L. Camacho examines the U.S. Navy’s war crimes tribunal in Guam between 1944 and 1949 which tried members of Guam’s indigenous Chamorro community and Japanese nationals and its role in shaping contemporary domestic and international laws regarding combatants, jurisdiction, and property.

Maile Arvin analyzes the history of racialization of Polynesians within the context of settler colonialism across Polynesia, especially in Hawai‘i, arguing that a logic of possession through whiteness animates European and Hawaiian settler colonialism in Possessing Polynesians.

978-1-4780-0621-3_prIn his experimental ethnography, Ethnography #9, Alan Klima examines moneylending, gambling, funeral casinos, and the consultations of spirits and mediums to predict winning lottery numbers to illustrate the relationship between contemporary Thai spiritual and financial practices and global capitalism’s abstraction of monetary value.

In Biogenetic Paradoxes of the Nation, Sakari Tamminen traces the ways in which the mandates of 1992’s Convention on Biological Diversity—hailed as the key symbol of a common vision for saving Earth’s biodiversity—contribute less to biodiversity conservation than to individual nations using genetic resources for economic and cultural gain.

Never miss a new book! Sign up for our e-mail newsletters, and get notifications of new titles in your preferred disciplines as well as discounts and other news.

New Books in September

Summer’s almost over, which means it’s time to start to replenishing your reading list! Celebrate the start of a new academic year with us by checking out this diverse array of books arriving in September.

Acknowledging the impending worldwide catastrophe of rising seas in the twenty-first century, Orrin H. Pilkey and Keith C. Pilkey outline the impacts on the United States’ shoreline and argue that the only feasible response along much of the U.S. shoreline is an immediate and managed retreat in Sea Level Rise.

Brenda R. Weber’s Latter-day Screens examines the ways in which the mediation of Mormonism through film, TV, blogs, YouTube videos, and memoirs functions as a means through which to understand conversations surrounding gender, sexuality, spirituality, capitalism, justice, and individualism in the United States.

Self-Devouring Growth by Julie Livingston shows how the global pursuit of economic and resource-driven growth comes at the expense of catastrophic destruction, thereby upending popular notions that economic growth and development is necessary for improving a community’s wellbeing.

In Under Construction, Daniel Mains explores the intersection of infrastructural development and governance in contemporary Ethiopia by examining the conflicts surrounding the construction of specific infrastructural technologies and how that construction impacts the daily lives of Ethiopians.

Elizabeth Freeman’s Beside You in Time expands bipolitical and queer theory by outlining a temporal view of the long nineteenth century and showing how time became a social and sensory means by which people resisted disciplinary regimes and assembled into groups in ways that created new forms of sociality.

Terry Smith—who is widely recognized as one of the world’s leading historians and theorists of contemporary art—traces the emergence of contemporary art and further develops his concept of contemporaneity in Art to Come through analyses of topics ranging from Chinese and Australian Indigenous art to architecture.

Henry Cow by Benjamin Piekut tells the story of the English experimental rock band Henry Cow and how it linked its improvisational musical aesthetic with a collectivist, progressive politics.

Davina Cooper’s Feeling Like a State explores the unexpected contribution a legal drama of withdrawal—as exemplified by some conservative Christians who deny people inclusion, goods, and services to LGBTQ individuals—might make to conceptualizing a more socially just, participative state.

In Making The Black Jacobins, Rachel Douglas traces the genesis, transformation, and afterlives of the different versions of C. L. R. James’s landmark The Black Jacobins across the decades from the 1930s onwards, showing how James revised it in light of his evolving politics.

William E. Connolly links climate change, fascism, and the nature of truth to demonstrate the profound implications of the deep imbrication between planetary nonhuman processes and cultural developments in Climate Machines, Fascist Drives, and Truth.

Cara New Daggett’s The Birth of Energy traces the genealogy of the idea of energy from the Industrial Revolution to the present, showing how it has informed fossil fuel imperialism, the governance of work, and our relationship to the Earth.

Never miss a new book! Sign up for our e-mail newsletters, and get notifications of new titles in your preferred disciplines as well as discounts and other news.

Q&A with Beth C. Caldwell, Author of Deported Americans

Beth Caldwell PhotoBeth C. Caldwell is Professor of Legal Analysis, Writing, and Skills at Southwestern Law School and was formerly an attorney in the Los Angeles County Office of the Public Defender. Caldwell’s experiences as a public defender led her to her new book, Deported Americans, in which she tells the story of dozens of immigrants who were deported from the United States—the only country they have ever known—to Mexico, tracking the harmful consequences of deportation for those on both sides of the border.

Who are the deported Americans about whom you write? What are the most common problems they face that result in their deportation?

I use the term deported Americans primarily to refer to people who migrated to the United States when they were children (often at a very young age), who have now been deported. These are people who were primarily socialized in the United States, who grew up attending American schools, and who are more comfortable speaking English than Spanish. They’re not U.S. citizens, but they identify as Americans culturally, and others perceive them as Americans too.

The term is also broad enough to encompass U.S. citizen family members of people who have been deported—particularly the children and spouses of deportees. Although not technically deported under the law, they often feel like they too have been deported because the only option to keep their families together is to leave the United States.

Both groups refer to their experiences as “banishment” or “exile” from their homes, and they experience a range of problems that are not surprising if you imagine how it would feel to be uprooted from all that is familiar to you—from your home, your career, your family and friends. This can trigger a sense of hopelessness that can fuel mental health issues, most often depression, anxiety, post-traumatic stress, and thoughts of suicide. It can also push some to turn to drugs to numb their pain. Family relationships often erode in the years following deportation, which contributes to these problems.

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In Mexico, deported Americans are stigmatized and are not accepted by the dominant culture. They report feeling marginalized by their American accents and ties to the United States. This can trigger profound questions about one’s identity because people feel a sense of double rejection, by both the United States and Mexico.

You mention in your introduction that you did not set out deliberately to write this book, but rather stumbled upon it through your work and informal conversations with deported people living in Mexico. Can you speak more to how these experiences and relationships shaped your approach?

Since I didn’t deliberately set out to research this issue, I didn’t set out with any preconceived notions or expectations as a researcher who is testing a hypothesis might do. Instead, the project was shaped by listening to people and, in some cases, by observing people’s day-to-day interactions as they adjusted to the reality of being deported. Common themes emerged in people’s narratives. When I would speak with people in the U.S. about what I was hearing, people were often surprised. And I realized that it was important to document and share the other side of deportation, so that people in the U.S. would have to confront, or at least be more aware of, the very real harms that flow from the country’s deportation policies.

How does activism—yours and others’—shape the narrative in Deported Americans?

I consider the negative rhetoric that depicts immigrants as others—as invaders or as dangerous—to be the biggest obstacle to creating more humane immigration policies in the U.S. No amount of activism can bring about just immigration reforms as long as some immigrants are characterized as “good” and “deserving” while others are cast aside as “bad” or “criminal,” and therefore disposable.

One of the primary goals of the narrative in Deported Americans is to highlight the nuances and complexities in people’s lives in order to help readers to see that even people who would commonly be depicted as “bad” or “undeserving” have compelling stories and are deserving of humane treatment under the law. By telling people’s stories, I try to strip away the dehumanizing labels that are often applied to immigrants with criminal convictions in order to help readers to see people more holistically.

What do you think is the most surprising aspect of immigration law as it affects deported Americans?

Often, stories about immigrants focus on recent arrivals to the U.S., but many deportees are members of American families. The U.S. deported over 250,000 parents of U.S. citizen children between 2011 and 2017, in addition to many spouses of U.S. citizens. People are always surprised when I talk about U.S. citizens whose spouses have been deported. There seems to be a pervasive belief that marriage to a U.S. citizen protects people from deportation, but this is not the case. I’ve interviewed many U.S. citizens who now live in Mexico because their spouses have been deported, and others who are struggling with family separation because they have stayed in the U.S. after a spouse’s deportation.

People are also surprised by the lack of proportionality in these cases. There is a major disconnect between sentences in criminal court and the sanctions people experience in the immigration system, even though both systems are often imposing penalties on the basis of the same conduct. For example, a lawful permanent resident (otherwise known as a green card holder) could be convicted of a crime for which they are sentenced with minimal jail time and probation in the criminal justice system. But in immigration court, they could face virtually automatic, permanent deportation—with no realistic hope of ever lawfully returning to the U.S.—because of the same conviction.

Many news stories paint pictures of immigrants and deportees. What is the most important way that you think Deported Americans changes or contradicts these narratives?

I deliberately focus on sharing the stories of immigrants with criminal convictions to disrupt the pervasive representation of some immigrants as “good” and others as “bad.” A lot of people are framed as “dangerous” due to criminal convictions that really have nothing to do with whether they are in fact dangerous. And in many cases, it seems more dangerous to deport them—to separate them from their families, or to force their U.S. citizen family members to leave the United States if they want to stay together.

Harsh immigration policies that apply to immigrants with criminal convictions emerged alongside the tough-on-crime movement of the 1980s and 1990s. In many cases, the same laws that created drug sentencing policies that are now widely criticized also created draconian immigration policies. Although there is an emerging consensus that the War on Drugs was problematic, and there has been some progress to roll back some of its policies, very little attention has focused on the parallel problems in the immigration system. I hope to draw people’s attention to this issue.

In the context of arguments over the construction of a wall along the U.S.-Mexico border and the news about the child detention centers, how do you see conversations about deportation changing? Staying the same?

People are certainly more interested in the topic of deportation now than in the recent past. This is an interesting shift because numerically, more people were actually being deported a few years ago. I think that the more that the consequences of U.S. immigration policy come to light, the more the average American is concerned about the issues, especially when it comes to family separation. Although more attention has focused on family separation affecting people upon their entry to the United States, family separation brought about by deportation fits into the overall problem that the U.S. immigration system regularly separates children from their parents.

The issue of family separation is also directly tied to the wall. When I was first starting out my research in Tijuana, I interviewed a social worker who runs a shelter for women and children. Her shelter houses a lot of recent deportees. She was convinced that no barrier—no fence, no wall, no punishments—would stop mothers from trying to return to the United States because the instinct to reunite with their children was stronger than anything. It’s a primal instinct. Due to a long history of migration from Mexico to the U.S., which the U.S. has welcomed at many times because of a desire for Mexican labor, families are deeply interconnected across the border, and across immigration statuses. The rhetoric framing migration as an “invasion” by foreigners misses this important reality.

What do you hope readers will take away from Deported Americans?

Deportation causes a lot of harm—to both the deportees and their families, who are often U.S. citizens. It has become a normalized aspect of our society, but we should really think about whether it should be. Deportation has always been used as a tool for excluding and removing marginalized people from societies, so its roots are suspect. I hope readers will walk away from the book with lingering questions about how we might better approach the social problems deportation is currently used to address, but in a more humane way.

Read the introduction to Deported Americans free online and purchase the paperback for 30% off using coupon code E19CALDW.

 

New Books in April

We’ve got great new reads in April in anthropology, religious studies, sociology, feminism and women’s studies, and much more.

978-1-4780-0390-8_prIn Deported Americans legal scholar and former public defender Beth C. Caldwell tells the story of dozens of immigrants who were deported from the United States—the only country they have ever known—to Mexico, tracking the harmful consequences of deportation for those on both sides of the border.

In Makers of Democracy A. Ricardo López-Pedreros traces the ways in which a thriving middle class was understood to be a foundational marker of democracy in Colombia in the second half of the twentieth century, showing democracy to be a historically unstable and contentious practice.

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Maura Finkelstein examines what it means for textile mill workers in Mumbai—who are assumed to not exist—to live during a period of deindustrialization, showing in The Archive of Loss how mills and workers’ bodies constitute an archive of Mumbai’s history that challenge common thinking about the city’s past, present, and future.

Hester Blum examines the rich, offbeat collection of printed ephemera created by nineteenth- and early twentieth-century polar explorers, showing in The News at the Ends of the Earth how ship newspapers and other writing shows how explores wrestled with questions of time, space, and community while providing them with habits to survive the extreme polar climate.

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In Autonomy Nicholas Brown theorizes the historical and theoretical conditions for the persistence of art’s autonomy from the realm of the commodity by showing how an artist’s commitment to form and by demanding interpretive attention elude the logic of capital.

In a revised and expanded edition of Medicine Stories, Aurora Levins Morales weaves together the insights and lessons learned over a lifetime of activism to offer a new theory of social justice, bringing clarity and hope to tangled, emotionally charged social issues in beautiful and accessible language.

Exploring a wide range of sonic practices, from birdsong in the Marshall Islands to Zulu ululation, the contributors to Remapping Sound Studies, edited by Gavin Steingo and Jim Sykes, reorient the field of sound studies toward the global South in order to rethink and decolonize modes of understanding and listening to sound.

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In Dance for Me When I Die—first published in Argentina in 2004 and appearing here in English for the first time—Cristian Alarcón tells the story and legacy of seventeen year old Víctor Manuel Vital, aka Frente, who was killed by police in the slums of Buenos Aires.

The contributors to Spirit on the Move, edited by Judith Casselberry and Elizabeth A. Pritchard, examine Pentecostalism’s appeal to black women worldwide and the ways it provides them with a source of community, access to power, and way to challenge social inequalities.

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Sanford Levinson on Public Monuments and 20th Anniversary Edition of Written in Stone

Sanford V. LevinsonSanford Levinson is Professor of Law at the University of Texas Law School. He is the author and editor of numerous books, including Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws That Affect Us Today (with Cynthia Levinson). The 20th anniversary edition of his book Written in Stone addresses debates and conflicts over the memorialization of Confederate “heroes,” with a new preface and afterward that take account of recent events. In this guest post, Levinson meditates on some of the newest controversies, including protests surrounding UNC-Chapel Hill’s “Silent Sam” and sports team mascots.

I am immensely grateful to the Duke University Press for giving me the opportunity to publish a 20th anniversary edition of Written in Stone: Public Monuments in Changing Societies, with a greatly augmented afterword (and new preface as well).  As I noted in the preface, my original suggestion in 2016, when I floated the idea of a new edition, was to prepare about 5000 words that could be submitted in August 2017, with publication taking place in late winter or early spring.  Instead, in part because of what happened in Charlottesville and afterward, the additional material totals around 20,000 words, taking into account events that occurred as late as the summer of 2018, just before the book went to press. As John Lennon is said to have said, life is what happens when you’re busy making plans!

But, already, I have sent emails to my editor, Miriam Angress, suggesting, only half-jokingly, that we begin thinking of a 25th anniversary edition in 2023, for the simple reason that the central topic—how do sometimes drastically changing societies come to terms with monuments, building names, and other such efforts by previous ruling elites to shape a certain view of the society that reflected their own hegemony?—constantly generates brand new, and challenging, examples.

So even in the relatively brief period between the time the book went to press and its publication in October, new examples have arisen from around the world.  Consider the response in Lithuania to a book written by the American granddaughter of a Lithuanian “hero” who had valiantly opposed Soviet hegemony; indeed, he was executed by the Soviets.  In the course of her research, she discovered that he had also been a vigorous anti-Semite and collaborator with Nazis during World War II. An almost full-page story in the New York Times detailed the anguish these discoveries caused the granddaughter, who had expected to write a hagiographic biography of her esteemed grandfather, but who believed that historical facts had priority.  As one might imagine, many present-day Lithuanians do not want to be told that their hero, suitably commemorated in statuary and the names of schoolhouses, might have had feet (at least) of clay. Older readers might remember the great film Who Shot Liberty Valence?, the most memorable line of which is a newspaper editor’s saying that when faced with a choice between reinforcing the legend or writing about the perhaps disillusioning truth, “print the legend.”  Memorialization is quintessentially about myth-making and preservation; suggestions to tear down, or even supply more nuance, to monuments is to attack myths that are important to lots of people. It is not surprising that they resist having their illusions (or outright delusions) shattered.  

Within the United States, students at the University of North Carolina tore down the statue of “Silent Sam,” the anonymous figure commemorating soldiers in the Confederate Army that fought to secure North Carolina’s independence from the United States (and also, of course, to maintain the system of chattel slavery).  This triggered a strong response from the conservative Republican legislature, and it remains to be seen what the ultimate outcome will be with regard to a possible restoration of the statue. The University of Mississippi quickly announced that it would change the name of one of its buildings when it was discovered that the generous benefactor who contributed to its construction (perhaps on condition that it would be named after him) had sent out racist tweets.  A California state college that memorialized “Prospector Pete” as a quintessential participant in the great California Gold Rush of 1849 decided to remove the statute (and change the name of some sports teams from the “Forty Niners”) when informed by a number of Native American students that from their perspective these invading miners were basically imperialists who had destroyed the existing Indian culture and, therefore, deserved no public honor. One might wonder if San Francisco’s professional football team will now receive any of the criticisms that have been long directed at the Washington football team’s use of a racist term as its name.  And Stanford University announced that it would change the name of the street on which it is officially located from Junipero Serra Way to Jane Stanford Way. Father Serra, the most important force behind the settlement of California by Catholic missionaries (and the missions they built throughout the state), is also now regarded by many in California as an agent of imperialism and cultural destruction.

As suggested in the new materials for the Second Edition, the rise of the #MeToo Movement has also called into question a number of namings of buildings at universities and elsewhere.  One can be confident that that many more examples will emerge in the future. One suspects that the reports discussed in the text by the New York Mayor’s commission on public monuments, or by select committees at Harvard, Yale, and Princeton will be avidly read elsewhere, as will former New Orleans Mayor Mitch Landrieu’s truly great speech explaining the removal of  Robert E. Lee from his pedestal atop Lee Circle in that city. The physical removal provides the truly wonderful cover of the new edition of Written in Stone.

There have even been suggestions that Austin, Texas consider changing its name, given that Stephen F. Austin held slaves and that one impetus for the secession from Mexico that created the Republic of Texas over which Austin presided was to assure the maintenance of chattel slavery.  One can doubt that Austin will in fact change its name, any more than Ohio will seek a more anodyne name for its state capital honoring Columbus, the subject of significant and ambivalent discussion by the New York Mayor’s committee. The only thing one can be confident of is that the problems posed by monuments and namings will not be going away in the foreseeable future anywhere in the world.  

Read the introduction to Written in Stone free online, and purchase the paperback for 30% off using coupon code E18STONE.

Series Launch: Global and Insurgent Legalities

This month we’re excited to announce the new book series Global and Insurgent Legalities, edited by Jonathan Goldberg-Hiller and Eve Darian-Smith.

Global and Insurgent Legalities explores how law and legal cultures travel within and beyond national jurisdictions and how they become reconfigured in the process. Books in this series attend to the ways schools of thought indigenous to the global South refract and reframe the Continental social and legal theories that are typically associated with scholarship produced in the global North. The series promotes critical, interdisciplinary, and transnational sociolegal work on topics ranging from social, sexual, and colonial inequalities to the circulation of non-western concepts of property, sovereignty, and individualism. Recognizing the enduring impact of imperialism, colonialism, and oppression on legal and social relations, Global and Insurgent Legalities decenters the production of legal theory to include perspectives, voices, and concepts from around the world.

978-0-8223-7146-5The series’ first book is Colonial Lives of Property by Brenna Bhandar, which examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property.

978-0-8223-7035-2Renisa Mawani’s Across Oceans of Law joins Global and Insurgent Legalities this month. Mawani retells the well-known story of the Komagata Maru, a British-built, Japanese-owned steamship whose Punjabi migrant passengers were denied entry into Canada, and later deported to Calcutta, in 1914. Drawing on “oceans as method”—a mode of thinking and writing that repositions land and sea—Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds.

Both of these books are available now, and we look forward to watching the series grow!

Health Reform after the 2016 Election

ddjhppl_43_4_coverThe most recent issue of the Journal of Health Politics, Policy and Law, “Health Reform after the 2016 Election,” edited by Eric M. Patashnik, is now available.

Donald Trump’s surprising victory in the 2016 election ushered in a period of uncertainty for U.S. heath policy. In this special issue, the nation’s leading scholars of the welfare state, inequality and public policy place the ACA’s near death experience in historical and institutional perspective by examining the implications of growing populism and rising polarization for the future trajectory of health reform in the United States.

Topics include health policy and white nationalism, reversing course on Obamacare, and dismantling social programs.

Read the introduction, made freely available.