Law

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.

New Books in April

 April brings a fresh crop of great new books. Check out what we’re releasing this month.

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In Biblical Porn Jessica Johnson draws on a decade of fieldwork at Pastor Mark Driscoll’s Mars Hill Church in Seattle to show how congregants became entangled in a process of religious conviction through which they embodied Driscoll’s teaching on gender and sexuality in ways that supported the church’s growth.

In Abject Performances Leticia Alvarado explores how Latino artists and cultural producers have developed and deployed an irreverent aesthetics of abjection to resist assimilation and disrupt respectability politics.

Matthew Vitz’s A City on a Lake outlines the environmental history and politics of Mexico City as it transformed its original forested, water-rich environment into a smog-infested megacity, showing how the scientific and political disputes over water policy, housing, forestry, and sanitary engineering led to the city’s unequal urbanization and environmental decline.

In Domesticating Democracy Susan Helen Ellison offers an ethnography of Alternate Dispute Resolution (ADR) organizations in El Alto, Bolivia, showing that by helping residents cope with their interpersonal disputes and economic troubles how they change the ways Bolivians interact with the state and global capitalism, making them into self-reliant citizens.

978-0-8223-7081-9.jpgKatherine Verdery’s My Life as a Spy analyzes the 2,781 page surveillance file the Romanian secret police compiled on her during her research trips to Transylvania in the 1970s and 1980s. Reading it led her to question her identity and also revealed how deeply the secret police was embedded in everyday life.

 In Edges of Exposure, following Senegalese toxicologists as they struggle to keep equipment, labs, and projects operating, Noémi Tousignant explores the impact of insufficient investments in scientific capacity in postcolonial Africa.

 

Examining human rights discourse from the French Revolution to the present, in Human Rights and the Care of the Self Alexandre Lefebvre turns common assumptions about human rights—that its main purpose is to enable, protect, and care for those in need—on their heads, showing how the value of human rights lies in its support of ethical self-care.

Gay PrioriLibby Adler’s Gay Priori offers a comprehensive critique of the mainstream LGBT legal agenda in the United States, showing how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives that do little to help the lives of the most marginalized members of the LGBT community.

In From the Tricontinental to the Global South Anne Garland Mahler traces the history and intellectual legacy of the understudied global justice movement called the Tricontinental and calls for a revival of the Tricontinental’s politics as a means to strengthen racial justice and anti-neoliberal struggles in the twenty-first-century.

Aimee Bahng’s Migrant Futures traces the cultural production of futurity by juxtaposing the practices of speculative finance against those of speculative fiction, showing how speculative novels, films, and narratives create alternative futures that envision the potential for new political economies, social structures, and subjectivities that exceed the framework of capitalism.

A Primer for Teaching Environmental History, by Emily Wakild and Michelle K. Berry, is a guide for college and high school teachers who are teaching environmental history for the first time, for experienced teachers who want to reinvigorate their courses, for those who are training future teachers to prepare their own syllabi, and for teachers who want to incorporate environmental history into their world history courses. The book is part of a new series, Design Principles for Teaching History.

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New article looks at the rise and fall of Medicare’s Independent Payment Advisory Board

ddjhppl_42_3“Technocratic Dreams, Political Realities: The Rise and Demise of Medicare’s Independent Payment Advisory Board,” an article by Jonathan Oberlander and Steven B. Spivack in the Journal of Health Politics, Policy and Law (volume 43, issue 3), offers a groundbreaking, in-depth look at the troubled history of the Independent Payment Advisory Board (IPAB), enacted as part of the 2010 Patient Protection and Affordable Care Act (PPACA) and repealed in February 2018 when President Donald Trump signed the Bipartisan Budget Act of 2018.

This article addresses technocracy and healthcare through IPAB, a board of healthcare experts hailed for its innovation and designed to formulate Medicare policy recommendations based on evidence and reason rather than politics. Authors Oberlander and Spivack explore why Congress initially enacted IPAB, how we understand its broad appeal to the health policy community, and why IPAB failed to live up to its original hype and remained in political purgatory, paralyzed by controversy and partisanship.

Most health policy experts supported IPAB. The board was an ambitious way to combat the influence of interest groups and the health care industry on Medicare policy. It was also seen as an antidote to legislative inertia and Congress’s inability to manage Medicare. Experts, as well as some members of Congress, agreed that lawmakers could not make difficult decisions about Medicare and envisioned the board as an instrument of health services research and congressional self control. After the board’s establishment, industry groups attacked it, while many Republicans and some Democrats criticized IPAB and supported its repeal. Instead of realizing its aspirations, the board was mired in irrelevance. Prior to its repeal, IPAB existed as a shell under a presidential administration opposed to its existence.

“IPAB’s brief, troubled history offers a cautionary tale about the role of evidence, expertise, and independent panels in US health policy making,” Oberlander and Spivack write. “IPAB’s establishment reflected good intentions: to restructure Medicare governance so that program policy making was driven more by evidence and less by interest group pressures; to compel policy makers to consider and ultimately make difficult choices in Medicare reform; to prevent Congress from micromanaging and mismanaging Medicare; to ensure that, if Congress did not act, steps were still taken to restrain Medicare spending; and to create safeguards against excessive spending. Yet the aspirations to rationalize Medicare through IPAB have floundered against political realities.”

For more information regarding the Journal of Health Politics, Policy and Law, please visit dukeupress.edu/jhppl.

Read the full article here.

Article Published in Journal of Health Politics, Policy and Law Addresses Informed Consent

A recent study published in the Journal of Health Politics, Policy and Law, “Informed or Misinformed Consent? Abortion Policy in the United States,” by Cynthia R. Daniels, Janna Ferguson, Grace Howard, and Amanda Roberti, found that women considering abortions receive medically inaccurate information nearly one third of the time in states that require doctors to provide informed consent materials to their patients.

Since 2010, the United States has witnessed a dramatic expansion of state-based restrictions on abortion. The most common of these are informed consent statutes, which require that a woman seeking an abortion receive a state-authored informational packet before the abortion procedure can be performed.

The Rutgers study team defined medical accuracy as information that was both “truthful and nonmisleading,” constitutional standards set by the U.S. Supreme Court in Planned Parenthood of Southeastern Pennsylvania et al. v. Robert P. Casey et al. in 1992. “Our findings suggest these laws may produce ‘misinformed consent’ and may require the court to rethink the constitutionality of abortion-related informed consent laws as a whole,” Cynthia Daniels, lead author and head of the Informed Consent Project, concluded.

Read the article here. For more information, contact Cynthia Daniels.

The Evolution of LGBT Rights in India

978-0-8223-6043-8Today we’re pleased to present a post by Jyoti Puri, Professor of Sociology at Simmons College, whose forthcoming book Sexual States: Governance and the Struggle over the Antisodomy Law in India (out March 25th, 2016) uses the example of the recent efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the Indian state. Here, she responds to a recent article on LGBT rights in India posted in The New York Times.

Raghu Karnad’s recent account does a fine job providing insight into legislative efforts to decriminalize homosexuality in India, but it is missing a critique of the state as the cornerstone of such reform. When Naz Foundation (India) Trust petitioned the Delhi High Court in 2001 to modify the antisodomy law, it was envisioned as the first step toward securing rights for same-sex sexualities. Although this legal campaign was little known at the time, once the government opposed the Naz Foundation writ in 2003, individuals and groups from around the country rallied around the endeavor to decriminalize homosexuality. As a result, overturning the antisodomy law became the lightning rod of aspirations for sexual justice and the emphasis came to rest on the state.

Over the years, much changed—not only did the Supreme Court overrule the Delhi High Court’s historic ruling decriminalizing homosexuality, but also the government went from opposing decriminalization to supporting it. Yet, pivotal to understanding these differences and reversals is the matter of whether the state ought to continue to regulate homosexuality by criminalizing it. Indeed, while there are ideological differences among state officials, elected officials, party representatives, and such, also referenced in Karnad’s article, they are an alibi for the question of the state’s purview over sexuality. Insofar as state institutions are expected to administer on behalf of public interests, the underlying question is about the role of the state.

Seen in this light, the quest to make a case for rights and freedom in the parliament is laudable but not likely to make much headway among those who are invested in upholding the state and its purview. To be sure, members of parliament sometimes rule to reduce the state’s reach, but issues of sexuality especially seem to provoke greater state vigilance. The expanded role of law and law enforcement in cases of sexual assault and domestic violence in the Indian context are cases in point.

If there is one upshot thus far, then it is about the importance of looking away from the state as the source of justice. In contrast to the elusive victory in the courts and the legislature thus far, significant changes are taking place in mainstream discourses on same-sex sexualities. Public demonstrations and pride parades, sympathetic coverage especially in the English-language and digital media, increased public support for same-sex sexualities began as side notes of the legal campaign but are transforming the social landscape. The antisodomy law needs to be repealed, but perhaps the needs of same-sex sexualities are better served when it does not serve as the emblem or index of progress.

New Studies Assess Accountable Care Organizations (ACOs) after the Passage of the Affordable Care Act

JHP404_coverproof1-1Assessing Accountable Care Organizations: Cost, Quality, and Market Power,” a special issue of the Journal of Health Politics, Policy and Law (volume 40, issue 4), is an in-depth look at accountable care organizations (ACOs): networks of hospitals, physicians, or other health care providers that share financial and medical responsibility for the coordinated care of a patient.

Now numbering over 700 throughout the United States, ACOs were rare prior to the passage of the Affordable Care Act. Their increased presence has sparked a debate about issues important to patients, providers, and taxpayers throughout the nation. “Integrated health delivery systems and accountable care organizations are becoming ubiquitous in our health care system,” Richard Scheffler, special issue co-editor, states. “They potentially could bend the cost curve and improve the quality of care, but they also present a threat to the competitiveness of health care markets.”

Contributors to this issue analyze the current landscape of ACOs from a national and state perspective and assess whether ACOs meet the expectations of patients for lowering costs, increasing the quality of health care, and impacting population health. The authors also identify the current status of ACO accountability and enforcement with insight into antitrust laws.

The issue also includes a Point-Counterpoint section in which Laurence Seidman (University of Delaware) and Harold Pollack (University of Chicago) debate the merits of a Medicare for All reform.

Much of the work in this issue was supported through the Nicholas C. Petris Center with funding from the California Attorney General’s office.

For more information about the Journal of Health Politics, Policy and Law, published by Duke University Press, please visit dukeupress.edu/jhppl. For more information about the special issue, please contact Colleen Grogan, journal editor and special issue co-editor (cgrogan[at]uchicago[dot]edu) and Richard Scheffler, special issue co-editor (rscheff[at]berkeley[dot]edu).

Duke University Press at the Canadian Library Association Meeting

DUP booth at CLA 2014In May we attended the Canadian Library Association Conference for the first time in Victoria, British Columbia. Attending this meeting was a great way for us to reach out to our Canadian customers and learn more about what we can do to make their jobs easier.

University of Victoria Library Tour

The University of Victoria Library Tour

In addition to exhibiting and attending panels, we were able to tour two academic libraries—the University of Victoria and Camosun College Libraries—to learn more about recent library renovations at both schools. We even noticed some of our journals in the stacks!

We've always found it beneficial to engage in current conversations about important topics such as accessibility, open access content, and what new scholarship we can offer our customers like the recent launch of TSQ: Transgender Studies Quarterly.

Camosun College Campus

Camosun College Campus

We look forward to meeting more of our customers! The next library conferences we will be attending are the International Federation of Library Association annual meeting and the Frankfurt Book Fair. 

 

 

Three Podcasts for Your Weekend Listening Pleasure

Heading out for a bike ride, a car trip, or just cleaning your house this weekend? We offer you three great podcasts with our authors to accompany whatever you might be doing.

Eddy thumbnail First, check out EddyFest 2011, a three part interview with famed music writer Chuck Eddy on RockCritics.com. Eight rock critics interview Eddy about his new book Rock And Roll Always Forgets: A Quarter Century of Music Criticism.

Then, turn your attention to film with this interview with Robert J. Corber on New Corber thumb Books in Pop Culture. Corber is the author of Homosexuality in Cold War America and In the Name of National Security. In his latest book, Cold War Femme, Corber reads Hollywood films of the 1950s and 1960s demonstrate how Cold War homophobia focused on the femme as the lesbian who posed the greatest threat to the nation.

McLeod DiCola Small Finally, look at where law and music intersect: in the realm of copyright. In a podcast interview for New Books in Law, Kembrew McLeod and Peter DiCola, co-authors of Creative License: The Law and Culture of Digital Sampling, talk the about legal and the cultural implications of digital sampling in the music industry and how hiphop has changed as copyright law enforcement has become stricter.

After you listen, we hope you'll decide you want to learn more by reading the books!