Among the duties of the Judicial Conference -- an august body consisting of federal judges, overseen by the Chief Justice of the Supreme Court -- is the fostering of “uniformity of management procedures and the expeditious conduct of court business.” And so it was that, four year ago this month, the Conference issued guidelines for citing Internet materials in judicial opinions. A brief statement regarding the new policy was posted to the Web, as you do.
Not long ago Raizel Liebler and June Liebert, two librarians at the John Marshall Law School in Chicago, needed to refer to the Conference’s announcement in their paper “Something Rotten in the State of Legal Citation: The Life Span of a United States Supreme Court Citation Containing an Internet Link (1996-2010),” which appeared a couple of weeks ago in the Yale Journal of Law and Technology. But the link for it they had filed away while doing their research was now dead. In the meantime, the document had migrated to another URL, so no damage done. In a footnote, the authors said, “The irony of being unable to access a website we wanted to cite in an article about the ephemeral nature of websites, including discussion of reasons to avoid citing websites, was not lost on us.”
Perhaps it counts as ironic in the colloquial American sense (i.e., “odd but not remotely ironic”) but otherwise it’s just par for the course. The earliest recorded use of the phrase “link rot” – referring to the breaking of a link either through the removal of a web page or its transfer to a new address without a redirect from the original location -- is from 1996. Like another colorful expression, "spam," it began as slang among the digital cognoscenti for a while before entering wider usage as the problem itself became a fact of life. By 1998, papers in library science and Internet research journals were taking up the instability of online information sources. A number of studies over the past 15 years have confirmed one’s gut feeling that up to a third of links, and possibly more, are broken.
What would really count as ironic would be doing research on the ephemeral nature of websites and finding that every single link you consulted was in good working order. After which lightning would probably strike you twice.
It's a nuisance, certainly, but link rot also looms as a serious problem for the disciplinary production of knowledge, which relies, in part, on the existence of stable and documentable sources of information. Citation allows others to examine those sources -- whether to verify them or assess how accurately an author has used them, or as a basis for further research.
Broken links in the bibliography are, in effect, broken links in an argument. That is particularly true given the role of law blogs, a.k.a. “blawgs,” as a source of real-time legal analysis and commentary -- something the traditional, rather slow-moving law review can’t do. Around the time the Commission put forward its suggested practices for citing online materials, John Doyle published an article with the wonderfully sonorous title “The Law Reviews: Do Their Paths of Glory Lead but to the Grave?” Doyle, an associate law librarian at the Washington & Lee University School of Law, concluded that the survival of the review format (let alone the chance of having any effect beyond building ambitious students’ résumés) depended on making articles available online with almost blawgish rapidity.
So as judicial opinions and scholarly legal debates depend more and more on documents or professional exchanges originally housed on a server somewhere, their evidence and context become vulnerable in ways Blackstone could never imagine. (The link to a history-making law review-article debated in the 2020 presidential campaign may work just fine -- but what about the material cited by the author?)
Broken links in the bibliography are, in effect, broken links in an argument.
In their recent paper from the Yale Journal of Law and Technology, Liebler and Liebert focus on link rot in a specific and definitive body of texts: the opinions handed down by the Supreme Court of the United States from the 1995-96 through the 2009-10 terms. “Our initial hypothesis,” they write, “was that the Supreme Court would use very few Internet citations due to the ephemeral and unreliable nature of those sources.”
What they actually found was that the Justices used 430 online citations over the Court’s 15 sessions -- with links appearing in 144 cases, representing about 14 percent of the total. “Of the URLs used within the U.S. Supreme Court opinions during our study period,” the authors report, “we found that 29 percent of them were invalid.”
This was almost double the rate of link rot found in a 2006 study of Supreme Court opinions, but in keeping with the level of URL breakage that investigators have noted in other legal texts. For example, the latest report from the Chesapeake Digital Preservation Group – a collaborative project of the Georgetown and Harvard law libraries and the state law libraries of Virginia and Maryland -- shows that almost 37 percent of links in a random selection of documents from the past six years had gone dead. The rate was higher for a sample from 2007-8; by now, 44 percent were broken.
In 2009, the Judicial Conference suggested that clerks download the Internet sources cited in an opinion and include them as attachments made available, along with the opinions themselves, through a legal files system such as PACER. Liebler and Liebert say that the level of compliance by courts is unknown – and the very effort raises copyright issues.
The Supreme Court prints out the Internet resources cited in its decisions, “which means,” the authors note, “that access to the archive is limited.” They suggest that the Court make its holding available by partnering with the Internet Archive – and the Chesapeake Group hopes that its own collection of documents “will lay the foundation for what could become a nationwide program to preserve materials supporting legal research, practice, and scholarship in the U.S.”
It’s a start. But what about something grander -- something audaciously bold but almost incredibly obvious? Why not draw upon the combined legal brainpower of the judiciary while also taking head-on the implications of what Edward Snowden has revealed? For it sounds like the phantom content of dead links lives on in the matrix of the National Security Administration’s record-keeping. As it is, most of that data is just going to waste -- so drill, baby, drill.
Last week’s column began to preview the fall and winter offerings from university presses. The first batch included books on higher education, the digital and dead-tree humanities, and speculation regarding the mind and emotion.
Now we move on to race, class, gender, war, and sundry other topics of heated public interest. The very titles of certain volumes may outrage some people, which can’t be helped. I will opine a little, on the fly -- but the most interesting thing about the whole process has been looking for possible or implicit connections among the books. With luck, readers will come across a few titles of interest here they might not have noticed otherwise. Including the institutional affiliation of the authors and editors of this many books would have bogged things down too much, but for each volume there is a link to the publisher, which usually has a web page providing that information.
Democracy and its discontents are the focus of several new books on political theory and history. The most philosophical of them is by Étienne Balibar – one of Louis Althusser’s students and collaborators, as it’s impossible not to mention even after more than 40 years. Balibar sums up the deepest conflict at the heart of the constitutional nation-state by coining the neologism he uses as the title of Equaliberty: Political Essays (Duke University Press, Feb. 2014), originally published in France three years ago.
The eminent (and prolific) American political theorist William E. Connolly continues to think through the conditions and consequences of pluralism. His latest report, also from Duke, is The Fragility of Things: Self-Organizing Processes, Neoliberal Fantasies, and Democratic Activism (Sept.). Connolly worries that making the marketplace the ultimate arbiter of institutional legitimacy leaves us with a brittle and empty polity. Nadia Urbinati reflects on the same condition in Democracy Disfigured: Opinion, Truth, and the People (Harvard University Press, Feb.), with its criticism of “technocrats wedded to procedure, demagogues who make glib appeals to ‘the people,’ and media operatives who, given their preference, would turn governance into a spectator sport and citizens into fans of opposing teams.” (As a resident of Washington, I’d say that about covers it.)
In The Confidence Trap: A History of Democracy in Crisis from World War I to the Present (Princeton University Press, Oct.), David Runciman warns that liberal democracy -- hitherto capable of managing its economic and political troubles, and even emerging from them strengthened – remains vulnerable to unforeseen developments it has no guarantee of being able to fix. Pushing the discussion in another direction is Anti-Crisis (Duke, Nov.) by Janet Roitman, who questions the reliance on the concept of crisis in narrating our social, political, and economic ordeals.
It’s been said (by whom I can’t recall) that all really serious problems now are either too big or too small, too general or too specific, for the nation-state to handle them. Perhaps that explains why the political theorist Benjamin R. Barber -- whose Jihad vs. McWorld was one of the more prominent globalization books of the 1990s – now stresses the efficacy of municipal politics with If Mayors Ruled the World: Dysfunctional Nations, Rising Cities (Yale University Press, Nov.).
Biographer of Isaiah Berlin, champion of human rights, and erstwhile standard-bearer for liberals who rallied to Operation Iraqi Freedom, Michael Ignatieff had at last report returned to Canada to serve as leader of the Liberal Party. Non-admirers south of the border may reasonably have assumed, with relief, that they would never hear from him again. Indeed, to judge by one recent book and Inside Higher Ed's reports, some Canadians were of a like mind. But now Ignatieff returns to print – presumably invigorated from leading his party to massive, history-making defeat in the 2011 elections, when he also managed to lose his own seat in Parliament – with Fire and Ashes: Success and Failure in Politics (Harvard, Nov.) From lemons to lemonade -- on the double!
Scholars and warriors alike contribute to How 9/11 Changed Our Ways of War (Stanford University Press, Sept), edited by James Burk, and Jacob N. Shapiro’s new book analyzes The Terrorist's Dilemma: Managing Violent Covert Organizations (Princeton, Aug.). Promising “a groundbreaking look ahead at what may happen after the war in Afghanistan ends” (which could be soon, reportedly) David Kilcullen’s Out of the Mountains: The Coming Age of the Urban Guerrilla (Oxford University Press, Oct.) identifies “four megatrends” at work in shaping the future of political violence by non-state forces. His use of the term “urban guerilla” calls to mind the 1960s and ’70s, when most of the developments that Lindsey Churchill discusses in Becoming the Tupamaros: Solidarity and Transnational Revolutionaries in Uruguay and the United States (Vanderbilt University Press, Jan.) took place.
Zaid Al-Ali draws a balance sheet on The Struggle for Iraq's Future: How Corruption, Incompetence and Sectarianism Have Undermined Democracy (Yale, Feb.), while Christopher J. Fettweis offers his own diagnosis of The Pathologies of Power: Fear, Honor, Glory, and Hubris in U.S. Foreign Policy (Cambridge University Press, Oct.). That is perhaps the most Noam Chomsky-like title ever attached to a book written by someone other than Noam Chomsky. The linguist’s political interventions come up for assessment in Anthony F. Greco’s Chomsky's Challenge to American Power: A Guide for the Critical Reader (Vanderbilt, Jan.).
A blurb for Exploring the Power of Nonviolence: Peace, Politics, and Practice (Syracuse University Press, Oct.) says that its editors, Randall Amster and Elavie Ndura, have assembled writings by “a modern-day who’s who of nonviolent thinkers, bring[ing] fresh new perspectives to the urgency and practicality of alternative recourses to violent conflict.” The catalog doesn’t indicate who is on that list. It can’t be a good sign for the state of the world that the only potential contributor who comes to mind is the Dalai Lama.
Blithe as its contemporary practitioners can often be, economics was once called “the dismal science” – a characterization that now seems at least as suitable for ecology. The fields converge in William Nordhaus’s The Climate Casino: Risk, Uncertainty, and Economics for a Warming World (Yale, Oct.).
But then they converge in life as well. Both economic and ecological issues are easy enough to infer from the subtitle of David Sedlak’s Water 4.0: The Past, Present, and Future of the World’s Most Vital Resource (Yale, Jan.). Something else ecologists and economists share, evidently, is an itch to extrapolate. Paul Sabin’s The Bet: Paul Ehrlich, Julian Simon, and Our Gamble over Earth’s Future (Yale, Sept.) looks at a famous wager between a free-market optimist and an environmentalist catastrophist.
It will be interesting to see if Walter A. Friedman reports any evidence of a hybrid species, the free-market catastrophist, in Fortune Tellers: The Story of America's First Economic Forecasters (Princeton, Nov.) Analyzing the history of policy misfires in WRONG: Nine Economic Policy Disasters and What We Can Learn from Them (Oxford, Nov.), Richard S. Grossman argues that terrible consequences follow when a particular ideology trumps attention to “cold, hard economic analysis.” Okay, but if you can find anyone on Wall Street who admits to ignoring cold, hard economic analysis in the interest of a particular ideology, I will trade your credit default swaps for a nice, newly foreclosed home.
Meanwhile, much further down the socioeconomic spectrum, we have a few assessments of the labor movement that seem like S.O.S. messages in book form. That’s definitely the case with Save Our Unions: Dispatches from A Movement in Distress (Monthly Review, distributed by New York University Press, Nov.) by Steve Early -- a freelance contributor to The Nation, Labor Notes, and In These Times, among other journals -- who is one of the two or three labor journalists whose byline I’m always glad to find. (For a while I also thought he was a great singer and songwriter, but that turned out to be Steve Earle.)
On the other hand, Jake Rosenfeld’s What Unions No Longer Do (Harvard, Feb) sounds less like an S.O.S. than a toast at a wake. Organized labor in the middle of the 20th century "was the core institution fighting for economic and political equality in the United States," its publisher's description says. "Unions leveraged their bargaining power to deliver tangible benefits to workers while shaping cultural understandings of fairness in the workplace. The labor movement helped sustain an unprecedented period of prosperity among America’s expanding, increasingly multiethnic middle class." With the smallest percentage of workers in unions now in a century, Rosenfeld stresses the policy impact of labor’s decline: "curtailed advocacy for better working conditions, weakened support for immigrants’ economic assimilation, and ineffectiveness in addressing wage stagnation among African-Americans." In Degraded Work: The Struggle at the Bottom of the Labor Market (University of Minnesota Press, July), Marc Doussard describes jobs where employers routinely practice “denying safety equipment, fining workers for taking scheduled breaks, [and] requiring unpaid overtime.” It’s a fair bet that some of those workers are parents of the kids Walter J. Nicholl writes about in The DREAMers: How the Undocumented Youth Movement Transformed the Immigrant Rights Debate (Stanford, Aug.).
Its publication next month timed to coincide with the 50th anniversary of the March on Washington, Paul Le Blanc and Michael D. Yates’s A Freedom Budget for All Americans: Recapturing the Promise of the Civil Rights Movement in the Struggle for Economic Justice Today (MR/NYU, Aug.) revisits and updates A. Philip Randolph’s proposal for egalitarian reform. Ian Haney López proposes one explanation of the continuing and growing extremes of wealth and poverty in the U.S. in Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class (Oxford, Jan.).
In Tough on Hate? The Cultural Politics of Hate Crimes (Rutgers University Press, Feb.), Clara S. Lewis suggests that federal anti-hate-crimes laws have backfired in perverse ways, while John D. Skrentny points to the even more convoluted side-effects of anti-discrimination legislation in After Civil Rights: Racial Realism in the New American Workplace (Princeton, Jan.).
An interesting example of argument within the ranks of the conservative intelligentsia is Richard A. Posner’s Reflections on Judging (Harvard, Oct), which criticizes Justice Anthony Scalia’s judicial philosophy from Posner’s own perspective as both legal theorist and federal judge. Donald T. Critchlow revisits a largely forgotten chapter in the history of American conservatism in When Hollywood Was Right: How Movie Stars, Studio Moguls, and Big Business Remade American Politics (Cambridge, Sept.).
Two more titles looking at the history of the U.S. right wing – focusing on activists in the trenches at least as much as the big-name strategists – are Joshua C. Wilson, The Street Politics of Abortion: Violence, and America's Culture Wars (Stanford, Aug.) and Isaac Martin’s Rich People's Movements: Grassroots Campaigns to Untax the One Percent (Oxford, Sept.) Taking a long-term perspective on the American right’s foreign policy is Conservative Internationalism: Armed Diplomacy under Jefferson, Polk, Truman, and Reagan (Princeton, Sept.) by Henry R. Nau, who is implicitly in dialogue with Milan Babík’s Statecraft and Salvation: Wilsonian Liberal Internationalism as Secularized Eschatology (Baylor, Aug.) whether either of the authors is aware of it or not.
Enough politics! Let’s talk about sex. Or about sexual politics, at least. (Sorry about the bait-and-switch.)
Actually, “asexual politics” seems closer to the mark in the case of Celibacies: American Modernism and Sexual Life (Duke, Nov.) by Benjamin Kahan. Decoupling celibacy (if that’s how to put it) from assumptions about religious inhibition or repressed gay identity, Kahan maintains that celibacy is “a distinct sexuality with its own practices and pleasures.” Well, to each his or her own. Perhaps the author will be celibacy’s heroic equivalent of the now almost legendary German sexologist whose life and work Ralf Dose recounts in Magnus Hirschfeld: The Origins of the Gay Liberation Movement (MR/NYU, Feb.).
That said, the celibate lifestyle seems unlikely to face the kind of legal and political issues portrayed in When Sex Changed: Birth Control Politics and Literature between the World Wars (Rutgers, Nov.) by Layane Parish Craig, or Katrina Kimport, Queering Marriage: Challenging Family Formation in the United States (Rutgers, Dec.).
The early stages of family formation typically include reading one of the pregnancy manuals that Marika Seigel studies in The Rhetoric of Pregnancy (University of Chicago Press, Dec.), teasing out the genre’s history and subtexts. Jocelyn Elise Crowley thinks about how to make parenthood and employment compatible, rather than a zero-sum trade off, in Mothers Unite: Organizing for Workplace Flexibility and the Transformation of Family Life (Cornell University Press, May).
Sarah S. Richardson goes in quest of Sex Itself: The Search for Male and Female in the Human Genome (Chicago, Nov.) -- where we also find the coding that produces death, which is even more persistent. (Mortality has no equivalent of the option for celibacy.) Billy G. Smith offers one view of the Grim Reaper’s unrelenting determination in Ship of Death: A Voyage that Changed the Atlantic World (Yale, Nov.), his account of the yellow fever pandemic of the 1790s.
In The Thought of Death and the Memory of War (Minnesota, Oct.), Marc Crépon reflects on the desensitizing, depersonalizing effect of knowing about the mass slaughters of the 20th century. With Death and the Afterlife (Oxford, Oct.), originally delivered as the Tanner Lectures for 2012, Samuel Scheffler argues that we have a deep, even unconscious need to trust in the continuation of human life on earth long after we’ve returned to dust. He’s probably right, but I would still prefer not to think about it.
Going through the offerings of more than 30 university presses for the fall and winter publishing, I kept an eye out for two things. The first was anything of possible interest to readers who don’t come across university press books very often, or ever. Or, to put it another way, the general reader.
From time to time it has pointed out that "the general reader" is a cultural fiction; no such species actually exists, except, perhaps, as a marketing category. And this is true, to a point. We are all, ultimately, specific readers, reading our specific books. Yet quite a few more readers, with a wider range of backgrounds, will be drawn to The Letters of Leonard Bernstein (Yale University Press, Oct.) than to a monograph on West Side Story. (And yes, there is one.)
My other goal was to identify trends or patterns emerging from catalog to catalog. Most proved fairly obvious and come as no surprise – any topic making the front page of the newspaper long enough is taken on eventually. But in a couple of cases, interesting or odd connections among books occurred to me after a third or fourth tour of the listings.
So without further ado, here’s my selection of fall and winter books from American university presses -- compiled by means of hunchwork and caffeine. It won’t be exhaustive. It might get kaleidoscopic. But there’s something here for everyone.
Let’s start with a few forthcoming volumes on “the higher learning in America,” to borrow the title of a book by Thornstein Veblen that the author originally planned to subtitle “A Study in Total Depravity.” However critical he may be of the institution, former Harvard University president Derek Bok probably won’t be that stringent in Higher Education in America (Princeton University Press, Aug.) – a work almost 500 pages long and covering, the publisher says, “the entire system, public and private, from community colleges and small liberal arts colleges to great universities with their research programs and their medical, law, and business schools.”
Jerry Jacobs takes a cold, hard look at a boundary-erasing buzzword with In Defense of Disciplines: Interdisciplinarity and Specialization in the Research University (University of Chicago Press, Oct.). More in the nature of a career guide is Frank Furstenberg’s Behind the Academic Curtain: How to Find Success and Happiness With a Ph.D. (Chicago, Sept.). Please remember: that’s “with,” not “despite.” Postgraduate life would be less like Waiting for Godot if the institution follows the lead of a volume edited by Keith Hoeller called Equality for Contingent Faculty: Overcoming the Two-Tier System (Vanderbilt University Press, Jan.)
Among the titles recalling the scholarly worlds of yesteryear -- erudition unplugged! -- are forthcoming translations of Jürgen Leonhardt’s Latin: Story of a World Language (Harvard University Press, Nov.) and Arlette Farge's The Allure of the Archives (Yale, Sept.) The Library: A World History (Chicago, Nov.) brings together James W. P. Campbell’s knowledge of the history of architecture and Will Pryce’s photography “to tell the story of library architecture around the world and through time in a single volume, from ancient Mesopotamia to modern China and from the beginnings of the written word to the present day.”
Seeking to navigate the passage between dead-tree and new-media cultures we have Comparative Textual Media: Transforming the Humanities in the Postprint Era (University of Minnesota Press, Jan.), a collection of papers edited by N. Katherine Hayles and Jessica Pressman, which argues "for seeing print as a medium along with the scroll, electronic literature, and computer games." A cluster of titles will consider the effect of digitality on personality, though possibly it's the other way around.
Anna Poletti and Julie Rak's edited collection Identity Technologies: Constructing the Self Online (University of Wisconsin Press, Jan.) sounds as if it must overlap somewhat with Howard Gardner and Katie Davis's The App Generation: How Today’s Youth Navigate Identity, Intimacy, and Imagination in a Digital World (Yale, Oct.) and Alice E. Marwick's Status Update: Celebrity, Publicity, and Branding in the Social Media Age (Yale, Nov.) Beyond celebrity, publicity, and branding, we seemingly have sainthood in view with Brett T. Robinson's Appletopia: Media Technology and the Religious Imagination of Steve Jobs (Baylor University Press, Aug.).
Digital technology itself continues on course for apotheosis -- omnipresent and pretty nearly omniscient, it hasn't become omnipotent yet, but just you wait. In the meantime, The Intelligent Web: Search, Smart Algorithms, and Big Data (Oxford University Press, Jan.) by Gautam Shroff sounds fascinating and, frankly, scary: a treatment of algorithms that "operate on the vast and growing amount of data on the Web, sifting, selecting, comparing, aggregating, correcting; following simple but powerful rules to decide what matters." The days of thinking of the Internet as some kind of Wild West anarchist frontier have given way to The Global War for Internet Governance (Yale, Jan.), according to Laura DeNardis's study of "the inner power structure already in place within the architectures and institutions of Internet governance." I'm not sure if that argument confirms or undermines military science scholar Thomas Rid's assessment that Cyber War Will Not Take Place(Oxford, Sept.).
Whatever may happen in the quest for artificial intelligence, the human kind retains its mysteries. A Natural History of Human Thinking (Harvard, Feb.) by Michael Tomasello will pull together the evidence for his fairly well-known thesis that we made our evolutionary leap as a species thanks to the survival value of cooperation and empathy. In his Philosophy of Dreams (Yale, Oct.), Christoph Türcke advances the theory that "both civilization and mental processes are the results of a compulsion to repeat early traumas, one to which hallucination, imagination, mind, spirit, and God all developed in response."
Joyce Davidson and Michael Orsini's edited collection Worlds of Autism: Across the Spectrum of Neurological Difference (Minnesota, Nov.) takes issue with the usual conception of autism as a disorder, "instead situating autism within an abilities framework that respects the complex personhood of individuals with autism." Anyone interested in that volume will also want to look for The Arachnean and Other Texts (Minnesota, Oct.), the first English translation of writings by the French psychiatrist and filmmaker Fernand Deligny, who worked with autistic children.
Political Emotions: Why Love Matters for Justice (Harvard, Oct.) is the latest in a series of works by the philosopher Martha C. Nussbaum exploring how affect and public life interact. That question will also to be pursued, from their own disciplinary perspective, by the contributors to Doing Emotions History, edited by Susan Matt and Peter N. Stearns (University of Illinois, Jan.). A number of Nussbaum's recent studies have concerned negative affect -- emotions such as shame and disgust, which push or pull away from social contact -- so her readers may be relieved to think about love for a while. But for those who haven't had their fill of it, there's Valerie Curtis's The Science Behind Revulsion; Don’t Look, Don’t Touch, Don’t Eat (Chicago, Oct.).
There's power and big money to be had from exploiting forms of negative affect, as Jeffrey M. Berry and Sarah Sobieraj will explore in The Outrage Industry: Political Opinion Media and the New Incivility (Oxford, Jan.) -- and on that note, let me invite you back next time, when we'll look ahead to some titles bound to incite as well as stimulate.
As the Obama administration works on a policy to provide free access to taxpayer-funded research, publishers and universities advance competing plans for archives -- but some scholars say a government archive is the way to go.
Whether we're slaving over a scholarly article or a textbook, or knocking off streams of memos and e-mails, virtually all of us write constantly -- and we can do it better and more meaningfully, Mike Rose argues.