New Books in Law: Recent Episodes
New Books Network
Interviews with Scholars of the Law about their New Books Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment. Anthony B. Sanders' book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters (U Michigan Press, 2023) is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bookshop.org is an online book retailer that donates more than 80% of its profits to independent bookstores. Launched in 2020, Bookshop.org has already raised more than $27,000,000. In this interview, Andy Hunter, founder and CEO discusses his journey to creating one of the most revolutionary new organizations in the book world. Bookshop has found a way to retain the convenience of online book shopping while also supporting independent bookstores that are the backbones of many local communities. Andy Hunter is CEO and Founder of Bookshop.org. He also co-created Literary Hub. Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Based on ethnographic research with victims of intimate partner violence since 2014, Tiantian Zheng's Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China (Bloomsbury, 2022) brings to the forefront women's experiences of, negotiations about, and contestations against violence, and men's narratives about the reasons for their violence. Using an innovative methodology - online chat groups, it foregrounds the role of history, structural inequalities, and the cultural system of power hierarchy in situating and constructing intimate partner violence. Centering on men and women's narratives about violence, this book connects intimate partner violence with invisible structural violence - the historical, cultural, political, economic, and legal context that gives rise to and perpetuates violence against women. Through examining the ways in which women's lives are constrained by various forms of violence, hierarchy, and inequality, this book shows that violence against women is a structural issue that is historically produced and politically and culturally engaged. Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sarah Coleman, an historian at Texas State University, is the author of an important and topical book about immigration policy in the United States. The Walls Within: The Politics of Immigration in Modern America (Princeton UP, 2023) focuses much less on the often-discussed physical border between the United States and other countries, and more so on the internal touchpoints where immigration federalism takes place. Coleman does a number of things in this book, including providing a fascinating overview of immigration policies and prohibitions throughout U.S. history, but not in a linear mode—instead, she integrates the historical record into the discussion of the domestic policies that were developed over the past 70 years. These policies are the central focus of the book, since it is the structure, execution, and implementation of these policies that constrain and impact citizens and non-citizens in the United States. The Walls Within examines education policy and court decisions, labor policy and the debate about employer sanctions, welfare policy and questions of immigrant contributions and benefits, and, finally, civil liberties and localized immigration enforcement regimes. Given the current political debate around immigration, the complexity of the politics within and around that debate, and the constantly looming image of “the wall” at the southern border, Coleman’s book explains and clarifies so much of the history, political conversations, policies, and implementation of immigration inside the United States. Sifting through demographic changes, economic shifts, congressional legislation, and court challenges, Coleman weaves together the different policies and outcomes, and the different forms of enforcement. This is what contributes to immigration federalism, since restrictions, prohibitions, and denial of opportunities generally happen at a state or local level. Thus, where immigration policy is actually touching people—citizens and non-citizens alike—is not, per se, where a Border Control officer examines a passport or a document, but in implementing sanctions against employers or in denying a second-grader breakfast before school. The exploration of these touchpoints highlights the themes running through The Walls Within: political culture, electoral politics, and political economy. Coleman notes that there are approximately 24 million immigrants in the United States, and about half that number are unauthorized. Most of the unauthorized immigrants are not coming across either the northern or southern border of the United States but are overstaying visas. Thus, the imaginary that often wraps around these questions is disconnected from the reality of authorized and unauthorized immigration in the United States. The Walls Within: The Politics of Immigration in Modern America works to clarify our current situation and how we ended up where we are, while also explaining the policies and actions that were put into place along the way and how those policies and actions shape the actual immigration landscape in the U.S. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kevin Vallier is a philosophy professor and author of All the Kingdoms of the World: On Radical Religious Alternatives to Liberalism (Oxford UP, 2023), a new book about Catholic Integralism, a mostly online intellectual movement that thinks the church should take over the state, something that made sense fifteen hundred years ago after the collapse of the Roman Empire, but not so much day in our pluralistic, democratic age. Professor Vallier’s goal is to help us all talk together with patience and grace (which includes really listening) to people we disagree with and regard as eccentric. So why not talk it over on Almost Good Catholics?
Kevin Vallier’s faculty website at Bowling Green University, Ohio.
Kevin Vallier’s personal website.
Kevin Vallier’s blogs at Reconciled.
Fr James Rooney, OP, critiques Integralism, in the Intellectual Catholicism podcast with Suan Sonna.
“What is Integralism, Anyway?” by Charlie Camosy, at the Pillar.
Krzysztof Odyniec is a historian of Medieval and Early Modern Europe; he is also the host of the 'Almost Good Catholics' podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hairdresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP’s Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen: Constance Baker Motley and the Struggle for Equality (Knopf Doubleday, 2023) captures the story of a remarkable American life, a figure who remade law and inspired the imaginations of African Americans across the country. Burnished with an extraordinary wealth of research, award-winning, esteemed Civil Rights and legal historian and dean of the Harvard Radcliffe Institute, Tomiko Brown-Nagin brings Motley to life in these pages. Brown-Nagin compels us to ponder some of our most timeless and urgent questions–how do the historically marginalized access the corridors of power? What is the price of the ticket? How does access to power shape individuals committed to social justice? In Civil Rights Queen, she dramatically fills out the picture of some of the most profound judicial and societal change made in twentieth-century America. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ownership of Knowledge: Beyond Intellectual Property (MIT Press, 2023) provides a framework for knowledge ownership that challenges the mechanisms of inequality in modern society. Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schäfer, Annapurna Mamidipudi, and Marius Buning propose technology as a central heuristic for studying the many implications of knowledge ownership. Toward this end, they focus on the notions of knowledge and ownership in courtrooms, workshops, policy, and research practices, while also shedding light on scholarship itself as a powerful tool for making explicit the politics inherent in knowledge practices and social order. The book presents case studies showing how diverse knowledge economies are created and how inequalities arise from them. Unlike scholars who have fragmented this discourse across the disciplines of anthropology, sociology, and history, the editors highlight recent developments in the emerging field of the global history of knowledge—as science, as economy, and as culture. The case studies reveal how notions of knowing and owning emerge because they reciprocally produce and determine each other's limits and possibilities; that is, how we know inevitably affects how we can own what we know; and how we own always impacts how and what we are able to know. Jen Hoyer is Technical Services and Electronic Resources Librarian at CUNY New York City College of Technology. Jen edits for Partnership Journal and organizes with the TPS Collective. She is co-author of What Primary Sources Teach: Lessons for Every Classroom and The Social Movement Archive. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For more than a century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British Empire. Set against the tumult of the postwar period, Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942-1962 (Stanford UP, 2023) centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives. Kalyani Ramnath is an Assistant Professor of History at the University of Georgia, with research and teaching interests in legal history, histories of migration and displacement, transnational history, and questions of archival method. Kelvin Ng is a PhD candidate at the Department of History at Yale University. His research work brings together the social history of migration and the intellectual history of internationalism in four linked Indian Ocean spaces: British India, Republican China, British Malaya, and the Dutch East Indies. His dissertation examines three intertwined strands of anti-imperial thought—communist internationalism, pan-Islamism, and anti-caste radicalism—in relation to an oceanic political economy of unfree labor and uneven development. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law, the occult sciences, and the environment across the Western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Because immigration is such a recurring-and divisive-topic in the United States, it is easy to assume that we understand what it means for an immigrant to live under the specter of surveillance and punishment. It is easy to assume, as many scholars and journalists do, that undocumented immigrants live on the run from the authorities, constantly fleeing to the margins of daily life, staying in the shadows beneath the eyes of the law. And yet, while it is certainly true that immigrants are constantly faced with mechanisms of surveillance that function as tools of societal exclusion, this only tells part of the story. In Engage and Evade: How Latino Immigrant Families Manage Surveillance in Everyday Life (Princeton UP, 2023), Asad L. Asad show, many people with a sanctionable status cannot-and, in some cases, do not want to-evade surveilling institutions or the formal records they generate: evading the institutions that keep formal records is a luxury that most immigrants (especially those with children) cannot afford. In Engage and Evade, Asad uses a wealth of interviews and ethnographic observations collected in Dallas County, Texas, bolstered and contextualized by original analyses of national survey data, to explore whether, how, and why immigrants engage with surveilling institutions. Presenting the stories of immigrants living in mixed-status families in which at least two members of the household have different legal statuses, and focusing especially on the experiences of immigrant parents, Asad argues that engagement with such institutions stems as much from hope for societal inclusion as it does from fear of exclusion. By paying attention to the ways in which immigrants make sense of, pursue, and use the records that result from these engagements, Asad reveals a variety of ways these individuals reinforce or resist their sanctionable status through the state's own surveillance. Kendall Dinniene is a PhD candidate in English at Southern Methodist University in Dallas, Texas. Their dissertation will examine how American fiction variously affirms, complicates, and resists dominant notions of fatness, and reveals how these notions are intertwined with and produce ideas about race, gender, sexuality, health, (dis)ability, criminality, and national identity. Their work relies upon queer theory, crip theory, Black feminism, and fat studies scholarship alongside literary criticism to argue that how we understand fatness is crucial to the way we understand (and make) our world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There was a time when French people put up picture of Marshal Philippe Petain on their walls. He is a figure of immeasurable stature to the country of France. Victor of Verdun, a one-time minister of war, and finally, a traitor to his country. Or was he? Did Petain allow the stain of collaboration to tarnish his reputation, or did he use his figure to guard the French people from worse Nazi atrocities during the Vichy era? The answer to those questions would divide France in the years following World War II. The trial of Petain, which took place during a humid July in 1945, would leave some venerating the figure of Petain while others looked upon him as betrayer of the French people. Professor Julian Jackson, is professor emeritus of history with Queen Mary University of London. His latest work is France on Trial: The Case of Marshal Pétain published by Harvard University Press in 2023, covers the political trial of Marshal Petain for treason. Dr. Jackson has authored an award-winning biography of Charles de Gaulle and other works on the history of modern France including his next work an exploration of the life of Andre Gide. Rick Northrop is an ex-journalist and undergraduate student in Calgary, Alberta Canada. He can be reached at rnorthrop2001@gmail.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Self-Declaration in the Legal Recognition of Gender (Routledge, 2023) is a socio-legal study that offers a critique of what it means to self-declare with regard to legal gender. Based on empirical research conducted in Denmark, the book engages in some of the most controversial issues surrounding trans and gender diverse rights. The theoretical analysis draws upon legal consciousness, affect theory, vulnerability and governmentality, to cross jurisdictional boundaries between law and medicine. The book reflects on the limits of progress that legislative reform may make, and the way that increased regulation can actually limit access to rights protections. Broadly transferrable beyond its specific field, this book will be useful to socio-legal scholars, feminist scholars, trans scholars, policy makers and practitioners. Dr Chris Dietz is a Lecturer at the Centre for Law & Social Justice at The University of Leeds. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Disability, Care and Family Law (Routledge 2021) examines the issues at the intersection of disability, care and family law. Professors Beverley Clough and Jonathan Herring challenge dominant narratives in family law, which disadvantage people with disabilities. The book enables the questioning of structural norms in policy and society which situates disability as private familial concern. It calls to the forefront marginalised voices to unveil complexities in seemingly neutral laws when applied to people with disabilities. The book engages with highly topical issues - for example, mothering a child who is in prison and is disabled, children who care for their disabled parents, deprivations of liberty of children with disabilities, and more. By bringing these complex issues together, the book moves beyond the dyad between care and disability relations in the context of family law. This is an important book for disability lawyers, family lawyers and scholars of vulnerability, care theory and relational theory. It will have significant implications for policy makers and practitioners. Professor Beverley Clough is a Professor of Law and Social Justice at Manchester Metropolitan University. She is also the author of The Spaces of Mental Capacity Law: Moving Beyond Binaries. Professor Jonathan Herring is the DM Wolfe-Clarendon Fellow in Law, Exeter College, University of Oxford. He is the author of several monographs, including The Right To Be Protected From Committing Suicide. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Two blockbuster cases came down in June of 2022. The Dobbs decision overturned Roe v. Wade and New York State Rifle & Pistol Association v. Bruen substantially expanded Second Amendment rights and limited the power of states to regulate concealed carry of firearms. Bruen affected thousands of Americans who have had their laws overturned and radically changed the method by which federal judges evaluate firearms law. Two remarkable scholars of the Second Amendment and firearms law explain how law makers, law enforcers, and federal courts have responded. They discuss differences among the conservative justices that produced this fragile holding, the growing dependence on history but disdain for historians, how the Bruen approach hurts laws involving domestic violence or controlled substances, the problem of overreading historical silences, and the ways violence may be addressed through community violence intervention, free markets, etc. – in ways SCOTUS cannot control. Jacob Charles is an Associate Professor of Law, Pepperdine Caruso School of Law – a constitutional law scholar focusing on the Second Amendment and firearms law. Before joining the faculty Pepperdine, he served as the inaugural executive director of the Center for Firearms Law at Duke University School of Law. He has a terrific new piece coming out in the Duke Law Journal called “The Dead Hand of a Silent Past: Bruen, Gun Rights, and the Shackles of History.” Jake combines ambitious academic scholarship in law journals with public facing work for outlets such as the Washington Post, Los Angeles Times, Slate, The Hill, Bloomberg Law, and other outlets. Besides being a great friend to this podcast, he has been quoted in the New York Times, CNN, and NPR. Dru Stevenson is the Wayne Fischer Research Professor at South Texas College of Law Houston. Professor Stevenson joined the faculty in 2003 after a law career that included practicing as a Legal Aid lawyer in Connecticut and serving as an Assistant Attorney General for the State of Connecticut. His publications cover topics ranging from criminal law to civil procedure, with an emphasis on the intersection of law with economics and linguistic theory. His articles have been cited in leading academic journals and treatises, by federal and state appellate courts, and in recent briefs to the U.S. Supreme Court. Professor Stevenson’s current research focus is firearm law and policy. His “Revisiting the Original Congressional Debates About the Second Amendment” provides a missing analyses of the debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear arms. Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Few of us need convincing that the American health insurance system needs reform. But many of the existing proposals focus on expanding one relatively successful piece of the system or building in piecemeal additions. These proposals miss the point. As the Stanford health economist Liran Einav and the MIT economist and MacArthur Genius Amy Finkelstein argue, our health care system was never deliberately designed, but rather pieced together to deal with issues as they became politically relevant. The result is a sprawling yet arbitrary and inadequate mess. It has left 30 million Americans without formal insurance. Many of the rest live in constant danger of losing their coverage if they lose their job, give birth, get older, get healthier, get richer, or move. It's time to tear it all down and rebuild, sensibly and deliberately. Marshaling original research, striking insights from American history, and comparative analysis of what works and what doesn’t from systems around the world, Einav and Finkelstein argue for automatic, basic, and free universal coverage for everyone, along with the option to buy additional, supplemental coverage. Their wholly original argument and comprehensive blueprint for an American universal health insurance system will surprise and provoke. We've Got You Covered: Rebooting American Health Care (Penguin, 2023) is an erudite yet lively and accessible prescription we cannot afford to ignore. John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Does it matter if judges are nice to each other? The Elevator Effect: Contact and Collegiality in the American Judiciary (Oxford UP, 2023)argues that how judges interact with each other has an important effect at every stage of their judicial process. Previously, scholars have explained judicial behavior in terms of the law, the ideological attitudes of the judges, external and internal constraints, and the background characteristics of the judges, such as gender, race, or prior professional experiences. The Elevator Effect builds on previous research in political science, political psychology, and linguistics to present the first comprehensive examination of the importance of interpersonal relationships among the judges for judicial decision-making and legal development. Hazelton, Hinkle, and Nelson argue that collegiality affects nearly every aspect of judicial behavior. More frequent interpersonal contact among judges diminishes the role of ideology to the point where it is both “substantively and statistically imperceptible.” The book also shows that collegiality affects both the language judges use when they disagree with each other and the precedents that they choose to support their arguments. The podcast covers the rich findings of the book – and also provides some interesting insights for graduate students who are thinking about collaborative research
Dr. Morgan L.W. Hazelton, J.D. and Ph.D., is an associate professor in the Department of Political Science and School of Law (by courtesy) at Saint Louis University. She studies how features of court systems influence the decisions that both litigants and judges make.
Dr. Rachael K. Hinkle, J.D. and Ph.D., is an associate professor in the Department of Political Science at the University at Buffalo. Her research agenda focuses on judicial politics with particular attention to gleaning insights into legal development from the content of judicial opinions through the use of computational text analytic techniques.
Dr. Michael J. Nelson, PhD, is a professor of Political Science at Penn State University. Michael Nelson is Professor of Political Science at Penn State University. He studies judicial politics, especially public attitudes toward law and courts, judicial behavior, and the politics of court reform.
Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On today’s podcast, we are changing things up a bit. Instead of interviewing the author of a recent book, I am interviewing another podcaster about their recent narrative podcast season. So, today, I’m interviewing Joel Anderson, staff writer at Slate, co-host of Hang Up and Listen, and the host of Seasons 3, 6, and, most recently, 8 of Slow Burn. On this episode, I chop it up with Joel about Season 8 of Slow Burn, titled, Becoming Justice Thomas. Adam McNeil is a Ph.D. Candidate in History at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Diversity in higher education is under attack as the Supreme Court limits the use of race-conscious admissions practices at American colleges and universities. In On the Basis of Race: How Higher Education Navigates Affirmative Action Policies (NYU Press, 2023), Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned. Foley takes us behind the curtain of student admissions, shedding light on how multiple universities, including the University of Michigan, have creatively responded to affirmative action bans. On the Basis of Race traces the history of a controversial idea and policy, and provides insight into its uncertain future. Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins (Cambridge UP, 2021), Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression. Jake Chanenson, CS Ph.D. at UChicago Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Benjamin Y. Fong is author of the new book Quick Fixes: Drugs in America from Prohibition to the 21st Century Binge, which was just released in July, 2023 by Verso Books. Ben is an honors faculty fellow and associate director of the Center for Work & Democracy at Arizona State University, and his work has appeared in Jacobin, Catalyst, and the New York Times. Previously, Ben’s work focused on the (usually negative) effects of neoliberal capitalism, writing about NGOs, labor leaders, and health care. Quick Fixes expands this examination into the world of drugs, examining nine different kinds of intoxicants, and five “orienting claims” that place their use within in larger capitalist histories. A bit about the book... Americans are in the midst of a world-historic drug binge. Opiates, amphetamines, benzodiazepines, marijuana, antidepressants, antipsychotics--across the board, consumption has shot up in the 21st century. At the same time, the United States is home to the largest prison system in the world, justified in part by a now zombified "war" on drugs. How did we get here? Quick Fixes is a look at American society through the lens of its pharmacological crutches. Though particularly acute in recent decades, the contradiction between America's passionate love and intense hatred for drugs has been one of its defining characteristics for over a century. Through nine chapters, each devoted to the modern history of a drug or class of drugs, Fong examines Americans' fraught relationship with psychoactive substances. As society changes it produces different forms of stress, isolation, and alienation. These changes, in turn, shape the sorts of drugs society chooses. By laying out the histories, functions, and experiences of our chemical comforts, the hope is to help answer that ever perplexing question: what does it mean to be an American? Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1686 in Geneva, a single mother named Jeanne Catherine Thomasset is charged with poisoning two young children: her own illegitimate daughter and the son of a rural wet nurse. So begins a harrowing criminal trial during which authorities interrogate Jeanne Catherine several times, sometimes with torture, to determine the truth. Sara Beam's The Trial of Jeanne Catherine: Infanticide in Early Modern Geneva (University of Toronto Press, 2021) is a suspenseful historical mystery that offers students the opportunity to learn about motherhood, child rearing, gender, religion, local politics, and the practice of criminal justice in early modern Europe. This edition provides the complete trial transcript as well as the deliberations of the Genevan authorities and relevant correspondence. Jana Byars is an independent scholar located in Amsterdam. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why do we protect free speech? What values does it serve? How has the Supreme Court interpreted the First Amendment? What has the Court gotten right and wrong? Why are current debates over free expression often so divisive? How can we do better? In this succinct but comprehensive and scholarly book, authors Len Niehoff and Thomas Sullivan tackle these pressing questions. Free Speech: From Core Values to Current Debates (Cambridge UP, 2022) traces the development and evolution of the free speech doctrine in the Supreme Court and explores how the Court - with varying levels of success - has applied that doctrinal framework to “hard cases” and current controversies, such as those involving hate speech, speech on the internet, speech on campus, and campaign finance regulation. This is the perfect volume for anyone - student, general reader, or scholar - looking for an accessible overview of this critical topic. Len Niehoff is a professor from practice at University of Michigan Thomas Sullivan President Emeritus and Professor of Political Science at Vermont University Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Postscript invites scholars to react to contemporary political events and today’s podcast welcomes an expert on domestic violence and firearms law to analyze a controversial Second Amendment case that the United States Supreme Court will hear this Fall, United States v. Rahimi. Kelly Roskam, JD is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Prevention and Policy. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She has been writing about the practical implications of the Rahimi case since it came up through the 5th circuit (for example, “The Fifth Circuit’s Rahimi decision protects abusers’ access to guns. The Supreme Court must act to protect survivors of domestic violence” and “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” (co-authored with Spencer Cantrell and Natalie Nanasi). In the podcast, we discuss the specifics of this strange case (a man who assaulted a woman, shot in the air, and later threatened to kill her claims that his constitutional rights have been violated – and the 5th circuit agrees that Congress is the threat to liberty). Ms. Roskam explains how the legal regime Congress created in 1994 to protect survivors of intimate violence also protects the safety of the public at large. She presents some of the data (e.g., that the presence of a firearm increases the likelihood that domestic violence will escalate into a homicide). She explains what is at stake, the possible ways the Supreme Court might approach the case, and ways to combat firearm violence beyond the courts. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This book tells the untold story of the Married Women's Association. Unlike more conventional histories of family law, which focus on legal actors, it highlights the little-known yet indispensable work of a dedicated group of life-long activists. Formed in 1938, the Married Women's Association took reform of family property law as its chief focus. The name is deceptively innocuous, suggesting tea parties and charity fundraisers, but in fact the MWA was often involved in dramatic confrontations with politicians, civil servants, and Law Commissioners. The Association boasted powerful public figures, including MP Edith Summerskill, authors Vera Brittain and Dora Russell, and barrister Helena Normanton. They campaigned on matters that are still being debated in family law today. Sharon Thompson's Quiet Revolutionaries: The Married Women's Association and Family Law (Hart Publishing, 2022) sheds new light upon legal reform then and now by challenging longstanding assumptions, showing that piecemeal legislation can be an effective stepping stone to comprehensive reform and highlighting how unsuccessful bills, though often now forgotten, can still be important triggers for change. Drawing upon interviews with members' friends and family, and thousands of archival documents, the book is compulsory reading for lawyers, legal historians, and anyone who wishes to explore histories of law reform from the ground up. Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The expansion of space travel is much discussed but always seems subject to delay. Why is that and when will it happen on a much larger scale? Douglas Ligor has been considering that issue for the Rand corporation – and he talks to Owen Bennett-Jones about the prospects for space travel. Ligor is co-author of Assessing the Readiness for Human Commercial Spaceflight Safety Regulations (Rand, 2023) and International Space Traffic Management: Charting a Course for Long-Term Sustainability (Rand, 2023). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why have issues of human rights become so contentious in Indonesia, 25 years after the much-heralded post-Suharto democratic transition? What kind of role has the Indonesian Foundation of Legal Aid Institutes, or LBH, performed in this field? Should those working on human rights try to work with governments and power-holders, or adopt an oppositional stance towards them? Timothy Mann is a postdoctoral researcher at the Nordic Institute of Asian Studies, and recently completed his PhD on Indonesian human rights issues at the University of Melbourne. In this podcast, Tim discusses his research on LBH and the dilemmas faced by those campaigning for greater human rights in a rapidly-changing Indonesia. Duncan McCargo is Director of the Nordic Institute of Asian Studies and a professor of political science at the University of Copenhagen. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. About NIAS: www.nias.ku.dk Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As the last few months of landmark Supreme Court decisions have showcased, Clarence Thomas is one of the most important men in America. To wrap up our Summer of Law series, Judge Amul Thapar discusses his recent book, The People's Justice: Clarence Thomas and the Constitutional Stories that Define Him (Regnery Publishing, 2023), digging into Justice Thomas's judicial legacy and some of his most interesting, influential, and surprising decisions. Amul Thapar is serves as a judge on the United States Court of Appeals for the Sixth Circuit. He became the first South Asian Article III judge in American history when President George W. Bush nominate him to serve on the Eastern District of Kentucky, where he then also served as the United States Attorney. In 2017, he became President Donald J. Trump’s first appellate court nominee. If you enjoyed this episode, you may also enjoy his most recent speech at the Madison Program. Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Online privacy is under constant attack by social media and big data technologies. But we cannot rely on individual actions to remedy this—it is a matter of social justice. In The Private Is Political: Networked Privacy and Social Media (Yale UP, 2023), Alice E. Marwick offers a new way of understanding how privacy is jeopardized, particularly for marginalized and disadvantaged communities—including immigrants, the poor, people of color, LGBTQ+ populations, and victims of online harassment. Marwick shows that there are few resources or regulations for preventing personal information from spreading on the internet. Through a new theory of “networked privacy,” she reveals how current legal and technological frameworks are woefully inadequate in addressing issues of privacy—often by design. Drawing from interviews and focus groups encompassing a diverse group of Americans, Marwick shows that even heavy social media users care deeply about privacy and engage in extensive “privacy work” to protect it. But people are up against the violation machine of the modern internet. Safeguarding privacy must happen at the collective level. Jake Chanenson is a computer science Ph.D. student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Terror Trials: Life and Law in Delhi's Courts (Fordham UP, 2022), Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the security state and displays of Hindu nationalism, Suresh elaborates how they are experienced by defendants in a quite different way, through a minute engagement with legal technicalities. Amidst the grinding terror trials—which are replete with stories of torture, illegal detention and fabricated charges—defendants school themselves in legal procedures, became adept petition writers, build friendships with police officials, cultivate cautious faith in the courts and express a deep sense of betrayal when this trust is belied. Though seemingly mundane, legal technicalities are fraught and highly contested, and acquire urgent ethical qualities in the life of a trial: the file becomes a space in which the world can be made or unmade, the petition a way of imagining a future, and investigative and courtroom procedures enable the unexpected formation of close relationships between police and terror-accused. In attending to the ways in which legal technicalities are made to work in everyday interactions among lawyers, judges, accused terrorists, and police, Suresh shows how human expressiveness, creativity and vulnerability emerge through the law. Shatakshi Singh is a PhD student in Political Science at the University of California Santa Cruz. Her research focuses on legal mobilization and claim-making within the context of dispossession and evictions of urban slums in India. Twitter. Email: ssing176@ucsc.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Advance Directives in Asia: A Socio-Legal Analysis (Cambridge UP, 2023) , edited by Daisy Cheung and Michael Dunn is the first book to consider the concept of advance directives in Asia. It is unique in its depth and breadth as it brings together an extensive number of Asian jurisdictions to draw out the ways that advance directives are regulated in law and practice across the region. In their analysis Cheung and Dunn provide overall observations towards a concept of "generative accomodation". As a concept, generative accomodation has the potential to foreground new explorations of bioethics in Asia and globally. It also seeks to understand the role of the family in medical decision making. These are key concerns that come through in this comprehensive and groundbreaking book. It will be useful for regulators, Asia scholars, students, and practitioners in the field of health-law and ethics, and end of life care. The book has wider application for scholars in law, ethics and healthcare. Daisy Cheung is an Assistant Professor in the Department of Law and the Centre for Medical Ethics and Law at The University of Hong Kong. Dr Michael Dunn is an Associate Professor and the Co-Director of Education at the Centre for Biomedical Ethics in the Yong Loo Lin School of Medicine. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What’s safer than baby powder? Parents have been trusting Johnson & Johnson for over 100 years to powder their baby’s bottoms. Yet, numerous studies have revealed the presence of trace amounts of asbestos in this talc-based powder. Thousands of parents now claim that this asbestos is responsible for their cancers. A Reuters investigation catalogued this evidence and the fact that J&J knew about the asbestos since the 1950s, yet continued to sell the powder. Johnson & Johnson is proposing a $9 billion dollar settlement for the over 38,000 lawsuits brought and all claims into the future. However, it depends on the courts accepting a controversial bankruptcy procedure called “the Texas Two-Step.” This strategy is being used to address a raft of personal injury complaints against a number of companies, but critics call it nothing more than a ‘sham bankruptcy’ that is being used to let corporations off the hook. SUPPORT THE SHOW You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ABOUT THE SHOW For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Supreme Court recently wrapped up their term – and announced that they will hear a very controversial case about domestic abuse, the power of Congress, and the right to keep and bear arms called United States v. Rahimi. The Court will decide whether a Texas man who assaulted his girlfriend in a parking lot and threatened to shoot her if she told anyone has been deprived of his Second Amendment rights. When the assaulted woman later obtained a restraining order against Mr. Zackey Rahimi, federal law made illegal for him to possess a firearm or ammunition while under that order. In 2019, Mr. Zackey Rahimi had an argument with his girlfriend in a parking lot. Mr. Rahimi knocked the woman to the ground. As he dragged her back to his car, she hit her head on the car’s dashboard. Later, in a telephone call. Mr. Rahimi threatened the woman that he would shoot her if she told anyone about the assault. Later, a Texas state court entered a domestic violence restraining order against Rahimi. The order also barred Rahimi from possessing a gun based on a part of a federal statute: the Violent Crime Control and Law Enforcement Act of 1994. Mr. Rahimi claims that the statute violates his Second Amendment rights. Postscript invites authors to react to contemporary events that engage their scholarship and we have two experts on the Second Amendment to unpack the case. Joseph Blocher, Lanty L. Smith ’67 Professor of Law at Duke University School of Law co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller and has a forthcoming article in the Yale Law Review (co-authored with Eric Ruben) entitled Originalism-by-Analogy and Second Amendment Adjudication. In addition to his numerous influential law review articles and nuanced public facing scholarship in print, radio, and tv, he was one of the attorneys who helped write the brief for the District of C in Heller and he contributed an important brief to New York State Rifle & Pistol Association v. Bruen. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is natural law, and what does it have to do with originalism? Why does the Right defend religion yet so often struggle to define it? Next up in our "Summer of Law" series, Hadley Arkes, the Edward Ney Professor Emeritus of Jurisprudence Emeritus at Amherst College and the Founder and Director of the James Wilson Institute sits down to chat about his recent book, Mere Natural Law: Originalism and the Anchoring Truths of the Constitution (Regnery Publishing, 2023).
More on Prof. Arkes is available here.
About the The James Wilson Institute, here.
The Stanford Review's "religion," referenced during the podcast is here.
Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. She graduated from Stanford University in 2021, where she studied Classics and Linguistics. She was also Editor-in-Chief of the Stanford Review and a member of the varsity fencing team. Previously, she was a Research Assistant in Education Policy at the American Enterprise Institute. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From the colonial through the antebellum era, enslaved women in the US used lethal force as the ultimate form of resistance. By amplifying their voices and experiences, Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance (Cambridge UP, 2023) strongly challenges assumptions that enslaved women only participated in covert, non-violent forms of resistance, when in fact they consistently seized justice for themselves and organized toward revolt. Nikki M. Taylor expertly reveals how women killed for deeply personal instances of injustice committed by their owners. The stories presented, which span centuries and legal contexts, demonstrate that these acts of lethal force were carefully pre-meditated. Enslaved women planned how and when their enslavers would die, what weapons and accomplices were necessary, and how to evade capture in the aftermath. Original and compelling, Brooding Over Bloody Revenge presents a window into the lives and philosophies of enslaved women who had their own ideas about justice and how to achieve it. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The 2016 election of Donald Trump focused people's minds on populism, and most of the attention paid to the subject since has been on the threat it poses to wealthy democracies. In Democracy Unmoored, Samuel Issacharoff takes a far wider-angle view of the phenomenon, covering countries from across the globe: Brazil, Poland, Argentina, Turkey, India, Hungary, Venezuela, and more. Just as importantly, he focuses on populism's attack on the institutions of governance. Democracy requires two critical features: first, a commitment to repeat play such that political actors understand that what goes around comes around; and, second, institutional constraints so that the majority can prevail, albeit not by too much. Democracies must avoid the doomsday scenario in which the contending parties see the next election as the final choice between salvation and perdition. Issacharoff shows how populist governance undermines each of these two critical underpinnings of stable democracy, first by compressing the time horizon to the immediate, and second by eroding institutional constraints on strongman rule. At the same time, Issacharoff highlights the fact that ascendent populists were pushing in an open door as they found democracies in states of disrepair in the post-2008 world. Electorates around the world had come to see institutional democratic party systems as cabals of elites working against "the people," which anti-institutionalist populists took advantage of in country after country. Global in coverage and featuring a powerful explanation of the true threat populism represents to democracy, this book will be essential reading for anyone who cares about the survival of democratic institutions. Samuel Issacharoff is the Reiss Professor of Constitutional Law at New York University School of Law. He is a leading figure in the study of democracy, constitutions, and the courts, and the author of Fragile Democracies: Contested Power in the Era of Constitutional Courts. He is a leading figure in the law of democracy in the U.S. and has written scores of articles on democratic challenges around the world. He served as a senior legal advisor to the presidential campaigns of Barack Obama and is long experienced as an appellate advocate in American courts. He is a member of the American Academy of Arts and Sciences. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube channel. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Glenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him. Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death. In The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts (The New Press, 2023), legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice. With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.
Omari Averette-Phillips is a History Educator and an Independent Scholar based in Southern California. He can be reached at omariaverette@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How should we understand contemporary migration policy? In Radical Hospitality: American Policy, Media, and Immigration (Rutgers UP, 2022), Nour Halabi, an Interdisciplinary Fellow at the University of Aberdeen, explores this question by blending history, media studies, and a range of critical theory to introduce the idea of radical hospitality. Using detailed historical and contemporary case studies- from the 1880s and the Chinese Exclusion Act, through the 1920s and the National Origins Act, up to the 2000s and the Muslim travel ban- the book offers both a rethink of the history of immigration as well as a radical call for a new approach. Rich in detail and broad in scope, the book is essential reading for anyone wishing to see a better world for migrants everywhere. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the thirty years since the Americans with Disabilities Act was signed into law, the lives of disabled people have not improved nearly as much as activists and politicians had hoped. In Crip Negativity (U of Minnesota Press, 2023), J. Logan Smilges shows us what’s gone wrong and what we can do to fix it. Leveling a strong critique of the category of disability and liberal disability politics, Smilges asks and imagines what horizons might exist for the liberation of those oppressed by ableism—beyond access and inclusion. Inspired by models of negativity in queer studies, Black studies, and crip theory, Smilges proposes that bad crip feelings might help all of us to care gently for one another, even as we demand more from the world than we currently believe to be possible. J. Logan Smilges (they/them) is assistant professor of English language and literatures at the University of British Columbia and author of Queer Silence: On Disability and Rhetorical Absence (Minnesota, 2022). Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The doctrine of the modern law of the sea is commonly believed to have developed in Renaissance Europe. The role of Islamic law of the sea and customary practices is often ignored though. In Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought (Cambridge UP, 2019), Hassan S. Khalilieh highlights Islamic legal doctrine regarding freedom of the seas and its implementation in practice. He proves that many of the fundamental principles of the pre-modern international law governing the legal status of the high seas and the territorial sea, though originating in the Mediterranean world, are not necessarily European creations. Beginning with the commonality of the sea in the Qur'an and legal methods employed to ensure the safety, security, and freedom of movement of Muslims and aliens by land and sea, Khalilieh then goes on to examine the concepts of the territorial sea and its security premises, as well as issues surrounding piracy and its legal implications as delineated in Islamic law. Hassan S. Khalilieh is a senior lecturer in the Maritime Civilizations and Multidisciplinary Studies departments and a senior research fellow in the Leon Recanati Institute for Maritime Studies, Leon H. Charney School of Marine Sciences at the University of Haifa, Israel. His publications include Islamic Maritime Law: An Introduction (1998) and Admiralty and Maritime Laws in the Mediterranean Sea (ca.800-1050): The Kitāb Akriyat al-Sufun and the Nomos Rhodion Nautikos (2006). Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University, Near Eastern Studies Department. His research focuses on the intersection of law, the occult sciences, and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Written by a lawyer who works at the intersection between legal education and practice in access to justice and human rights, this book locates, describes and defines a collective identity for social justice lawyering in the UK. Underpinned by theories of cause lawyering and legal mobilisation, the book argues that it is vital to understand the positions that progressive lawyers collectively take in order to frame the connections they make between their personal and professional lives, the tools they use to achieve social change, as well as ethical tensions presented by their work. The book takes a reflexive ethnographic approach to capture the stories of 35 lawyers working to positively transform law and policy in the UK over the last 50 years. It also draws on a wealth of primary sources including case reports, historic campaign materials and media analysis alongside wider ethnographic interviews with academics, students and lawyers and participant observation at social justice conferences, workshops and events. The book explains the way in which lawyers' networks facilitate their collective positioning and influence their strategic decision making, which in turn shapes their interactions with social activists, with other lawyers and with the state itself. Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. Twitter: @batesmith. His latest publication, a chapter in the collection Leading Works on the Legal Profession (edited by Dan Newman, published by Routledge in July 2023) is entitled “Lawyers Who Want to Make the World a Better Place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Each June in the United States, scholars, journalists, law makers, law enforcers, lawyers, and members of the public wait for the announcement of major decisions from the Supreme Court. Justices often read a summary of their decision from the bench dressed in their robes. Paper copies are available in a special office – and more recently on the Supreme Court website. This year, the Supreme Court opinions have shaped policy on affirmative action, public accommodation for LGBTQ+ people, voting rights, student loans, and the power of states to control election procedure. Before these cases are decided, the parties, outside individuals, and interest groups invest an estimated $25 to $50 million dollars a year to produce roughly one thousand amicus briefs. These briefs strategically provide information to the justices to convince them to vote in a particular way. How are these briefs produced? Who pays for their research and writing? What impact do they have on the ultimate decisions of the Supreme Court? In Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making (UP of Kansas, 2022), Drs. Hazelton and Hinkle draw on political science research on the effects of information on policy making, their original dataset of more than 25,000 party and amicus briefs filed between 1984 and 2015, their interviews with former Supreme Court clerks and attorneys, and the text of the related court opinions to argue that the briefs matter – and they matter more when parties hire experienced attorneys known to the justices to craft excellent information-rich briefs. Hazelton and Hinkle interrogate both the causes and the consequences of providing that information to the justices. They demonstrate how that information operates differently in terms of influencing who wins and what policy is announced. Dr. Rachael K. Hinkle, J.D. and Ph.D., is an associate professor in the Department of Political Science at the University at Buffalo. Her research agenda focuses on judicial politics with particular attention to gleaning insights into legal development from the content of judicial opinions through the use of computational text analytic techniques. Dr. Morgan L.W. Hazelton, J.D. and Ph.D., is an associate professor in the Department of Political Science and School of Law (by courtesy) at Saint Louis University. She studies how features of court systems influence the decisions that both litigants and judges make. In the podcast, Drs. Hazelton and Hinkle mention their piece in their Monkey Cage on predicting the outcome in the 2023 Voting Rights Case and their new collaboration with Dr. Michael J. Nelson, The Elevator Effect. Their data set is available to the public and can be found on either of their websites (linked above). Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the past several decades, the vibrant, multiethnic borough of Queens has seen growth in the community of Nepali migrants, many of whom are navigating the challenging bureaucratic process of asylum legalization. Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York (U Washington Press, 2023) follows them through the institutional spaces of asylum offices, law firms, and human rights agencies to document the labor of seeking asylum. As an interpreter and a volunteer at a grassroots community center, anthropologist Tina Shrestha has witnessed how migrants must perform a particular kind of suffering that is legible to immigration judges and asylum officers. She demonstrates the lived contradictions asylum seekers face while producing their "suffering testimonials" and traces their attempts to overcome these contradictions through the Nepali notions of kaagaz banaune (making paper) and dukkha (suffering). Surviving the Sanctuary City asks what everyday survival among migrants and asylum seekers can tell us about the cultural logic of suffering within the confines of US borders. Through rich ethnographic detail and careful nuanced narratives, it puts the lives and perspectives of the Nepali migrant community at the center of the story. In so doing, Shrestha offers a fundamental rethinking of asylum seeking as a form of precarious labor and immigration enforcement in a rapidly changing US society. Tina Shrestha is a researcher at the Waseda Institute for Advanced Study, Waseda University. Reighan Gillam is an Associate Professor in the Department of Latin American, Latino, and Caribbean Studies at Dartmouth College. Her research examines the ways in which Afro-Brazilian media producers foment anti-racist visual politics through their image creations. She is the author of Visualizing Black Lives: Ownership and Control in Afro-Brazilian Media (University of Illinois Press). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Our Recall this Buck series, back in 2020 and 2021, explored the history of money, ranging from the earliest forms of labor IOUs to the modern world of bitcoin and electronically distributed value. We began by focusing on the rise of capitalism, the Bank of England, and how an explosion of liquidity changed everything. We were lucky to do so, just before the Pandemic struck, with Christine Desan of Harvard Law School, who recently published Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2014). She is also managing editor of JustMoney.org, a website that explores money as a critical site of governance. Desan’s research explores money as a legal and political project. Her approach opens economic orthodoxy to question by widening the focus on money as an instrument, to examine the institutions and agreements through which resources are mobilized and tracked, by means of money. In doing so, she shows that particular forms of money, and the markets within which they circulate, are neither natural or inevitable.
Christine Desan, “Making Money“
Ursula Le Guin The Earthsea Novels (money hard to come by, but kinda cute)
Samuel Delany, the Neveryon series (money part of the evils of naming, slavery, labor appropriation)
Jane Austen “Pride and Prejudice“
Richard Rhodes, “Energy“
John Plotz, “Is Realism Failing?” (on liberal guilt and patrimonial fiction)
William Cobbett, “Rural Rides” (1830; London as wen)
E. P. Thompson, “The Moral Economy of the English Crowd in the Eighteenth Century” (notional “just price” of bread)
Peter Brown, “Through the Eye of a Needle: Wealth, the Fall of Rome, and the Making of Christianity in the West, 350-550 AD”
Chris Vanden Bossche, “Reform Acts“
“Sanditon” on PBS (and the original unfinished Austen novel)
Still from “Sanditon”
Margot Finn, “Character of Credit“
Thomas Piketty, “Capital in the 21st Century“
L. Frank Baum, “The Wonderful Wizard of Oz” (1900)
Leo Tolstoy “The Forged Coupon” (orig.1904)
Robert Louis Stevenson, “The Bottle Imp” (1891)
Frank Norris, “The Octopus” (1901)
D. W. Griffith, “A Corner in Wheat” (1909)
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Who is believed in our mediated world? In Believability: Sexual Violence, Media and the Politics of Doubt (Polity Press, 2023), Sarah Banet-Weiser, Distinguished Professor at the University of Pennsylvania’s Annenberg School for Communication and Professor of Communication at the University of Southern California’s Annenberg School for Communication and Journalism, and Kathryn Claire Higgins, Postdoctoral Fellow at the University of Pennsylvania’s Annenberg Center for Collaborative Communication, examine this question by introducing the conception of an economy of believability governing who is, and who is not, believed or doubted. Written in the wake of #MeToo, the book engages directly with key contexts such as post-truth and the commodification of sexual violence. Thinking through questions of race and class, the analysis ranges widely, covering representations of sexual violence in fiction and non-fiction media, contemporary controversies and court cases, and the backlash from men in positions of power. The book is essential reading across the humanities and social sciences, as well as for anyone seeking to understand ongoing gender inequalities in media and in society. Dave O'Brien is Professor of Cultural and Creative Industries, at the University of Sheffield. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Fifty Years of Polyamory in America: A Guided Tour of a Growing Movement (Rowman & Littlefield, 2022) is unique among the many books about polyamory because the scope of this book is the entire history of the polyamory movement. Instead of concentrating on the experiences of a few people exploring alternate lifestyles, it is an exploration of two generations of Americans, the people and the organizations they founded, what they have chosen to do, and how it has changed their lives and affected the culture as a whole. Written in an entertaining and easily accessible style, the authors cover the history of alternative sexual relationship styles starting with a quick peek at colonial times, the Mormon and Oneida movements of the 1840s-70s, and modern day influences starting in the 1950s. Polyamory, literally “many loves,” challenges the relationship norm: monogamy. As its name suggests, polyamory typically refers to emotional/sexual relationships that include multiple partners. Common applications of polyamory include open marriages, triad (three people), two-couple (four people) “marriages,” and larger groups like intimate networks. Swingers are a subset of non-monogamy who often identify as poly. Throughout the course of Fifty Years of Polyamory in America, we explore the history of the polyamory movement: from clinical definitions and attempts at psychiatric treatment, to the advent of advocacy groups in the 1960s and ’70s, to contemporary practitioners and the future of the movement. A wide range of personal stories from advocates and practitioners guides the narrative to the modern day, highlighting the struggles and successes of the movement throughout the years. Glen Olson is an author and historian of the polyamory movement and gives presentations on the history of polyamory and open relationships to interested groups. He is a retired fire captain, paramedic, and technical writer. Terry Lee Brussel-Rogers is a Certified Clinical Hypnotherapist and Life/Business Coach, director of Success Center Inc. since 1969. She has done poly relationship coaching and has taught sensitivity training and jealousy workshops since 1975. She lives in Winnetka California. Frances Sacks is a graduate of Wesleyan University where she studied in the Science and Society Program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It has been a momentous few weeks for the Supreme Court. What better time to discuss the Court's history and future? We are therefore launching our "Summer of Law" series to shed light on the legal world . Kicking the series off is John Yoo, the Heller Professor of Law at the University of California at Berkeley. He is also a Nonresident Senior Fellow at the American Enterprise Institute, and a Visiting Fellow at the Hoover Institution, Stanford University. He has written 8 books and over 100 academic articles, and is a regular contributor at a wide variety of publications including the New York Times, Wall Street Journal, Washington Post, and National Review. This episode discusses his latest book, The Politically Incorrect Guide to the Supreme Court (Regnery Publishing, 2023). Along the way, it unpacks legal thought on issues such as affirmative action, abortion, court-packing, the administrative state, and the unique position of the Supreme Court as an unelected institution. We have not forgotten, however, that tomorrow is our nation's birthday. At the end of the discussion, our Thomas W. Smith Distinguished Research Scholar Allen Guelzo will recite Patrick Henry's famous speech "Give Me Liberty." While this episode covers the court more broadly, here are some of Prof. Yoo's recent writings and appearances on these hot-button issues:
Newsweek, "Biden's Student Loan Forgiveness Was Always a Sham"
National Review, "The Supreme Court Corrects a Grievous Error"
His interview on Fox News, "Supreme Court says Congress, not the president, controls power of the purse"
His interview on Fox Business, "Employers should rethink race-based hiring, programs after SCOTUS affirmative action decision"
His interview on Fox News, "The Supreme Court ruled that the Constitution is colorblind"
Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Amidst all the talk of a green revolution what about the blue stuff? There are the seas that will wash over inhabited land, there’s the sea economy with fisherman and cargo crews facing hard times and, amidst all the debate about animal rights, where do sea creatures fit in? Professor Chris Armstrong author of A Blue New Deal: Why We Need a New Politics for the Ocean (Yale UP, 2022) with Owen Bennett Jones. Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford University Press, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Danielle Allen, the James Bryant Conant University Professor and the Director of the Edmond and Lily Safra Center for Ethics at Harvard University, has a new book, Justice by Means of Democracy, that explores the foundational understanding of how humans best flourish, in particular in regard to the governmental system under which they live. Allen, author of many books that focus on questions of democracy and justice, also works on democratic reform and renovation at Partners in Democracy. Thus, Dr. Allen integrates both scholarship and democratic activism into her work as an academic and as an activist. Justice by Means of Democracy examines these different threads as well; what is justice, and how does democracy work towards achieving justice? And what is the role of the citizen in these pursuits? Allen opens up her discussion weaving together a number of threads, since politics, economics, civic engagement, and citizenship are all part of the whole when we consider both justice and democracy. Growing out of the ideal that democracy is a very good system for individuals to move forward together, and to achieve their full flourishing, complexities arise from issues like inequality, inequity, and how liberty is structured within the governmental system. Part of Allen’s framing comes from John Rawl’s Theory of Justice and his connection of justice and democracy—but she is pushing further in terms of the role of power and thinking about power and power sharing within democracies and democratic institutions. Justice by Means of Democracy also wrestles with the abstract ideas of negative and positive liberty, and what this actually means in practice, particularly in the United States. In fact, the book thinks about what it means to be a citizen in a democracy, and what that requires from each individual. Allen explained in our conversation that while we often discuss “work/life balance” in terms of our personal and professional lives, what we should be discussing and focusing on is our “work-life civic balance” – since being civically involved takes time, takes effort, but is required for democracy to function and to remain intact. We are living through some of the breakages within our democratic systems of government, not just in the United States, but in other democracies as well. And part of the reason for these breakages is the failure of democratic practice by the people themselves. Allen’s own activism is focused on restoring and reinvigorating democratic practice, so that citizens become more used to the “habit” of democracy and civic engagement. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book,Women and the White House: Gender, Popular Culture, and Presidential Politics Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The human right to science, outlined in the 1948 Universal Declaration of Human Rights and repeated in the 1966 International Covenant on Economic, Social, and Cultural Rights, recognizes everyone's right to "share in scientific advancement and its benefits" and to "enjoy the benefits of scientific progress and its applications." This right also requires state parties to develop and disseminate science, to respect the freedom of scientific research, and to recognize the benefits of international contacts and co-operation in the scientific field. The right to science has never been more important. Even before the COVID-19 health crisis, it was evident that people around the world increasingly rely on science and technology in almost every sphere of their lives from the development of medicines and the treatment of diseases, to transport, agriculture, and the facilitation of global communication. At the same time, however, the value of science has been under attack, with some raising alarm at the emergence of "post-truth" societies. "Dual use" and unintended, because often unforeseen, consequences of emerging technologies are also perceived to be a serious risk. The important role played by science and technology and the potential for dual use makes it imperative to evaluate scientific research and its products not only on their scientific but also on their human rights merits. In Science as a Cultural Human Right (U Pennsylvania Press, 2022), Helle Porsdam argues robustly for the role of the right to science now and in the future. The book analyzes the legal stature of this right, the potential consequences of not establishing it as fundamental, and its connection to global cultural rights. It offers the basis for defending the free and responsible practice of science and ensuring that its benefits are spread globally. Melek Firat Altay is a neuroscientist, biologist and musician. Her research focuses on deciphering the molecular and cellular mechanisms of neurodegenerative and neurodevelopmental disorders. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr Lynsey Black is a lecturer in criminology, in the School of Law and Criminology, Maynooth University. She researches in the areas of gender and punishment, the death penalty, historical and postcolonial criminology, and borders. In this interview she discusses her new book, Gender and Punishment in Ireland: Women, Murder and the Death Penalty, 1922-64 (Manchester UP, 2022). Gender and Punishment in Ireland explores women's lethal violence in Ireland. Drawing on comprehensive archival research, including government documents, press reporting, the remnants of public opinion and the voices of the women themselves, the book contributes to the burgeoning literature on gender and punishment and women who kill. Engaging with concepts such as ‘double deviance’, chivalry, paternalism and ‘coercive confinement’, the work explores the penal landscape for offending women in postcolonial Ireland, examining in particular the role of the Catholic Church in responses to female deviance. The book is an extensive interdisciplinary treatment of women who kill in Ireland and will be useful to scholars of gender, criminology and history. Aidan Beatty is a historian at the Frederick Honors College of the University of Pittsburgh Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Many people are familiar with the United States Supreme Court’s merit docket. Each case follows detailed and professional proceedings that include formal written and oral arguments. The justices’ decisions provide lengthy arguments and citations. They are freely available to the public, press, policy-makers, law makers, judges, and scholars. When the Supreme Court overturned Roe v. Wade in 2022, they ruled publicly – and the press covered it extensively. But Professor Stephen Vladeck’s new book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic (Basic Books, 2023), highlights that 99% of the Court’s decisions are “unseen, unsigned, and almost always unexplained” on the “shadow docket.” State and federal policies – and constitutional rights – are affected by decisions that the Supreme Court makes behind closed doors. There are no opinions, no citations, and often observers have little idea which justices supported the action. The term ‘shadow docket’ was coined by law professor William Baude in 2015 – and Professor Vladeck sees a recent, radical, and concerning shift in how the shadow docket has been deployed in recent years. His remarkable book traces the shadow docket’s longer history to explain what is the shadow docket, where did it come from, and how the Court has radically departed from past practice to decide more and more cases out of the public eye. Professor Vladeck argues that the shadow docket has become a norm rather than an exception – and that procedural change impacts constitutional rights and public policy on a large scale including asylum eligibility, abortion, marriage equality, voting rights, and building a border wall. Professor Vladeck insists that, regardless of your individual political leanings, the Court’s increasing manipulation of the shadow docket threatens our shared constitutional system, and should alarm any American who believes in the value of the Supreme Court as an independent and legitimate institution. Professor Vladeck’s impressively researched (and remarkably accessible) book employs historical analysis and case studies in clear and precise prose. This is a book for scholars, students, – and anyone interested in policy and politics. The podcast ends with Professor Vladeck’s suggestions for how we can all change how we talk about the Court and how Congress can make the Court more accountable. Professor Stephen Vladeck holds the Charles Alan Wright Chair at the University of Texas School of Law. In addition to his extensive legal scholarship, Vladeck, has argued three cases before the U.S. Supreme Court, co-hosts the National Security Law Podcast, and is editor and author of “One First,” a popular weekly Substack newsletter about the Supreme Court. John Sebastiani served as the editorial assistant for this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Only recently have scholars outside the historical profession identified progressivism for what it was and continues to be: a fundamental rupture with the roots of American order.” So writes the political scientist and theorist Bradley C. S. Watson in his 2020 book Progressivism: The Strange History of a Radical Idea (U Notre Dame Press). Watson provides an intellectual history of how historians such as Richard Hofstadter tended to underplay what a radical break the Progressive Movement was from American constitutionalism. The book shows that only in recent decades have political theorists entered the fray and rendered clear how dire the ramifications for American society and culture the views on the Constitution of such figures as Theodore Roosevelt and Woodrow Wilson were and what a massive break they were from the legacy of the founders and such advocates of natural rights as Abraham Lincoln. Anyone interested in how American political history was written in the period of roughly 1940-1980 should read this book. So should anyone interested in the differences between the views of historians and political scientists on the same developments. And this is not just a matter of the mindsets of various fields of scholarship. These debates shaped public policy and affected a host of issues such as the rise of the administrative state and the role of expertise in governance, the place of religion (Christianity first and foremost) in American life and the ideology-dependent staffing of the ranks of college social science departments, government entities and other key institutions. All of these developments filtered out to the rest of society. Watson helps us understand what the Progressives (including politicians, academics and theologians such as Walter Rauschenbusch) of the period of roughly 1900-1930 actually said and wrote versus what historians in the decades shortly thereafter said they said. Let’s hear from Professor Watson himself. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Men have always dominated the most basic precepts of the criminal legal world – its norms, its priorities and its character. Men have been the regulators and the regulated: the main subjects and objects of criminal law and by far the more dangerous sex. And yet men, as men, are still hardly talked about as the determining force within criminal law or in its exegesis. Criminal Law and the Man Problem (Bloomsbury, 2020) by Dr. Ngaire Naffine brings men into sharp focus, as the pervasively powerful interest group, whose wants and preoccupations have shaped the discipline. This constitutes the 'man problem' of criminal law. Dr. Naffine’s analysis probes the unacknowledged thinking of generations of influential legal men, which includes the psychological and legal techniques that have obscured the operation of bias, even to the legal experts themselves. She explains how men's interests have influenced the most cherished legal norms, especially the rules of human contact, which were designed to protect men from other men, while specifically securing lawful sexual access to at least one woman. The aim is to test the discipline's broadest commitments to civility, and its trajectory towards the final resolution, when men and women were declared to be equal and equivalent legal persons. In the process, Criminal Law and the Man Problem exposes the morally and intellectually limiting consequences of male power. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why is religion today so often associated with giving and taking offense? To answer this question, Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India (U Chicago Press, 2023) invites us to consider how colonial infrastructures shaped our globalized world. Through the origin and afterlives of a 1927 British imperial law (Section 295A of the Indian Penal Code), J. Barton Scott weaves a globe-trotting narrative about secularism, empire, insult, and outrage. Decentering white martyrs to free thought, his story calls for new histories of blasphemy that return these thinkers to their imperial context, dismantle the cultural boundaries of the West, and transgress the borders between the secular and the sacred as well as the public and the private. Raj Balkaran is a scholar of Sanskrit narrative texts. He teaches at the Oxford Centre for Hindu Studies and at his own virtual School of Indian Wisdom. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From one of the country's most distinguished journalists, a revisionist and riveting look at the American politician whom history has judged a loser, yet who played a key part in the greatest social movement of the 20th century. During one sweltering week in July 1948, the Democratic Party gathered in Philadelphia for its national convention. The most pressing and controversial issue facing the delegates was not whom to nominate for president -the incumbent, Harry Truman, was the presumptive candidate -but whether the Democrats would finally embrace the cause of civil rights and embed it in their official platform. Even under Franklin Roosevelt, the party had dodged the issue in order to keep a bloc of Southern segregationists-the so-called Dixiecrats-in the New Deal coalition. On the convention's final day, Hubert Humphrey, just 37 and the relatively obscure mayor of the midsized city of Minneapolis, ascended the podium. Defying Truman's own desire to occupy the middle ground, Humphrey urged the delegates to "get out of the shadow of state's rights and walk forthrightly into the bright sunshine of human rights." Humphrey's speech put everything on the line, rhetorically and politically, to move the party, and the country, forward. To the surprise of many, including Humphrey himself, the delegates voted to adopt a meaningful civil-rights plank. With no choice but to run on it, Truman seized the opportunity it offered, desegregating the armed forces and in November upsetting the frontrunner Thomas Dewey, a victory due in part to an unprecedented surge of Black voters. The outcome of that week in July 1948-which marks its 75th anniversary as this book is published-shapes American politics to this day. And it was in turned shaped by Humphrey. His journey to that pivotal speech runs from a remote, all-white hamlet in South Dakota to the mayoralty of Minneapolis as he tackles its notorious racism and anti-Semitism to his role as a national champion of multiracial democracy. His allies in that struggle include a Black newspaper publisher, a Jewish attorney, and a professor who had fled Nazi Germany. And his adversaries are the white supremacists, Christian Nationalists, and America Firsters of mid-century America - one of whom tries to assassinate him. Into the Bright Sunshine: Young Hubert Humphrey and the Fight for Civil Rights (Oxford UP, 2023) is a book that celebrates one of the overlooked landmarks of civil rights history, and illuminates the early life and enduring legacy of the man who helped bring it about. Samuel G. Freedman is an award-winning professor, columnist, and author of nine acclaimed books. Freedman was a staff reporter for The New York Times from 1981 through 1987. From 2004 through 2008, he wrote the paper's "On Education" column, winning first prize in the Education Writers Association's annual competition in 2005. From 2006 through 2016, Freedman wrote the "On Religion" column, receiving the Goldziher Prize for Journalists in 2017 for a series of columns about Muslim-Americans that had been published over the preceding six years. As a professor of journalism at Columbia University, Freedman has been named the nation's outstanding journalism educator by the Society of Professional Journalists and received Columbia's coveted Presidential Award for Outstanding Teaching. Connor Christensen is a graduate student at the University of Chicago, pursuing both an MPP at the Harris School of Public Policy and an MA at the Center for Middle Eastern Studies. He welcomes collaboration, so feel free to reach out on LinkedIn or at his email, ctchristensen@uchicago.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Giulia Pecorella's The United States of America and the Crime of Aggression (Routledge, 2021) traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court's jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law. Jeff Bachman is an associate professor at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Shipwrecks and the Bounty of the Sea (Oxford University Press, 2022), Dr. David Cressy is a work of social history examining community relationships, law, and seafaring over the long early modern period. It explores the politics of the coastline, the economy of scavenging, and the law of 'wreck of the sea' from the beginning of the reign of Elizabeth I to the end of the reign of George II. England's coastlines were heavily trafficked by naval and commercial shipping, but an unfortunate percentage was cast away or lost. Shipwrecks were disasters for merchants and mariners, but opportunities for shore dwellers. As the proverb said, it was an ill wind that blew nobody any good. Lords of manors, local officials, officers of the Admiralty, and coastal commoners competed for maritime cargoes and the windfall of wreckage, which they regarded as providential godsends or entitlements by right. A varied haul of commodities, wines, furnishings, and bullion came ashore, much of it claimed by the crown. The people engaged in salvaging these wrecks came to be called 'wreckers', and gained a reputation as violent and barbarous plunderers. Close attention to statements of witnesses and reports of survivors shows this image to be largely undeserved. Dramatic evidence from previously unexplored manuscript sources reveals coastal communities in action, collaborating as well as competing, as they harvested the bounty of the sea. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Letters and the Law: Legal and Literary Culture in Late Imperial Russia (Northwestern UP, 2022) explores the fraught relationship between writers and lawyers in the four decades following Alexander II's judicial reforms. Nineteenth-century Russian literature abounds in negative images of lawyers and the law. Literary scholars have typically interpreted these representations either as the common, cross‑cultural critique of lawyerly unscrupulousness and greed or as an expression of Russian hostility toward Western legalism, seen as antithetical to traditional Russian values. The Letters and the Law is the first book to frame the conflict in terms of the two professions' competition for cultural authority. Anna Schur combines historical research and literary analysis to argue that the first generations of Russian trial lawyers shaped their professional identity with an eye to the celebrated figure of the writer and that they considered their own activities to be a form of verbal art. A fuller understanding of writers' antipathy to the law, Schur contends, must take into account this overlooked cultural backdrop. Laced with the better‑known critique of the lawyer's legalistic proclivities and lack of moral principle are the writer's reactions to a whole network of explicit and implicit claims of similarity between the two professions' goals, methods, and missions that were central to the lawyer's professional ideal. Viewed in this light, writers' critiques of the law and lawyers emerge as a concerted effort at protecting literature's exclusive cultural status in the context of modernization and the rapidly expanding public sphere. The study draws upon a mix of well-known and rarely studied nineteenth-century authors and texts—with particular attention paid to Fyodor Dostoevsky and Mikhail Saltykov-Shchedrin—and on a wide range of nonliterary sources, including courtroom speeches, guides to forensic oratory, legal treatises, and specialized press. Anna Schur is a professor of English at Keene State College in New Hampshire. She is the author of Wages of Evil: Dostoevsky and Punishment (Northwestern University Press). Yelizaveta Raykhlina is a historian of Russia and Eurasia and holds a PhD from Georgetown University. She is a faculty member at New York University. To learn more, visit her website or follow her on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Patriarchal forces of law, finance, and social custom restricted women’s rights and agency in revolutionary America. Yet women in this period exploited these confines, transforming constraints into vehicles of female empowerment. Through a close reading of thousands of legislative, judicial, and institutional pleas across seventy years of history in three urban centers, Jacqueline Beatty illustrates the ways in which women in the revolutionary era asserted their status as dependents, demanding the protections owed to them as the assumed subordinates of men. In so doing, they claimed various forms of aid and assistance, won divorce suits, and defended themselves and their female friends in the face of patriarchal assumptions about their powerlessness. Ultimately, women in the revolutionary era were able to advocate for themselves and express a relative degree of power not in spite of their dependent status, but because of it. Their varying degrees of success in using these methods, however, was contingent on their race, class, and socio-economic status, and the degree to which their language and behavior conformed to assumptions of Anglo-American femininity. In Dependence: Women and the Patriarchal State in Revolutionary America (NYU Press, 2023) thus exposes the central paradoxes inherent in American women’s social, legal, and economic positions of dependence in the Revolutionary era, complicating binary understandings of power and weakness, of agency and impotence, and of independence and dependence. Significantly, the American Revolution provided some women with the language and opportunities in which to claim old rights―the rights of dependents―in new ways. Most importantly, In Dependence shows how women’s coming to consciousness as rights-bearing individuals laid the groundwork for the activism and collective petitioning efforts of later generations of American feminists. Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today, gun control is one of the most polarizing topics in American politics. However, before the 1960s, positions on firearms rights did not necessarily map onto partisan affiliation. What explains this drastic shift? Patrick J. Charles charts the rise of gun rights activism from the early twentieth century through the 1980 presidential election, pinpointing the role of the 1968 Gun Control Act. Gun rights advocates including the National Rifle Association had lobbied legislators for decades, but they had cast firearms control as a local issue. After the assassination of President John F. Kennedy in 1963 spurred congressional proposals to regulate firearms, gun rights advocates found common cause with states' rights proponents opposed to civil rights legislation. Following the enactment of the Gun Control Act, lawmakers on both sides of the aisle began to stake out firm positions. Politicians including Richard Nixon and Ronald Reagan recognized the potential of gun control as a wedge issue, and gun rights became increasingly tied to the Republican Party. Drawing on a vast range of archival evidence, Charles offers new insight into the evolution of the gun rights movement and how politicians responded to anti-gun control hardliners. He examines in detail how the National Rifle Association reinvented itself as well as how other advocacy groups challenged the NRA's political monopoly. Offering a deep dive into the politicization of gun rights, Vote Gun: How Gun Rights Became Politicized in the United States (Columbia University Press, 2023) reveals the origins of the acrimonious divisions that persist to this day. Patrick J. Charles is senior historian and archivist for the United States Air Force. Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Critics of contemporary US higher education often point to the academy’s “corporatization” as one of its defining maladies. However, in The Autocratic Academy: Reenvisioning Rule Within America's Universities (Duke UP, 2023), Timothy V. Kaufman-Osborn argues that American colleges and universities have always been organized as corporations in which the power to rule is legally vested in and monopolized by antidemocratic governing boards. This institutional form, Kaufman-Osborn contends, is antithetical to the free inquiry that defines the purpose of higher education. Tracing the history of the American academy from the founding of Harvard (1636), through the Supreme Court’s Dartmouth v. Woodward ruling (1819), and into the twenty-first century, Kaufman-Osborn shows how the university’s autocratic legal constitution is now yoked to its representation on the model of private property. Explaining why appeals to the cause of shared governance cannot succeed in wresting power from the academy’s autocrats, Kaufman-Osborn argues that American universities must now be reincorporated in accordance with the principles of democratic republicanism. Only then can the academy’s members hold accountable those chosen to govern and collectively determine the disposition of higher education’s unique public goods. Timothy V. Kaufman-Osborn is Baker Ferguson Professor of Politics and Leadership Emeritus at Whitman College and author of From Noose to Needle: Capital Punishment and the Late Liberal State and Creatures of Prometheus: Gender and the Politics of Technology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The fear of algorithmic decision-making and surveillance capitalism dominate today's tech policy discussions. But instead of simply criticizing big data and automation, we can harness technology to correct discrimination, historical exclusions, and subvert long-standing stereotypes. Orly Lobel is the author of The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future and Warren Distinguished Professor of Law at the University of San Diego School of Law. Lobel is one of the nation's foremost legal experts on labor and employment law. She is also one of the nation's top-cited young legal scholars. Orly and Greg discuss how collecting more data and adding more inputs into decision algorithms may be beneficial to expose disparities in current frameworks in the real world, and help us to right past injustices and ongoing inequities. Gregory LaBlanc is a lifelong educator with degrees in History, PPE, Business, and Law, Greg currently teaches at Berkeley, Stanford, and HEC Paris. He has taught in multiple disciplines, from Engineering to Economics, from Biology to Business, from Psychology to Philosophy. He is the host of the unSILOed podcast. unSILOed is produced by University FM. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Societies that are throwing off the yoke of authoritarian rule and beginning to build democracies face a daunting question: should they punish the representatives of the ancien regime or let bygones be bygones? In her interview, Professor Ruti Teitel talks both about these choices and more broadly about transitional justice as a field. Her book, Transitional Justice, published in year 2000 with Oxford University Press, takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. The book explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law plays a profound role in periods of radical change. In her interview, Teitel also touches on the growth of transitional justice as a field, the challenges to redress the past faced by Latin America, South Africa, Central and Eastern Europe, as well as North America, the ways in which the International Criminal Court and other actors could prosecute perpetrators once the war in Ukraine is over, as well as her current and future research projects. The interview showcases her unparalleled knowledge of transitional justice scholarship and practice.Lavinia Stan is a professor of political science at St. Francis Xavier University in Canada.Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHKLearn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eraldo Souza dos Santos talks about the invention of civil disobedience as a form of political action around the world, and the need for its redefinition to describe activism present and future. In the episode, he references John Rawls’s classic definition from A Theory of Justice (Harvard UP, 1971) and Erin Pineda’s new book, Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021).Eraldo Souza dos Santos is a philosopher and historian of political thought whose research explores how political concepts have come to shape political discourse and political practice, and how political actors have come to contest the meaning of these concepts in turn. In his current project, he traces the global history of the idea of civil disobedience. He is currently a Ph.D. candidate in Philosophy at Panthéon-Sorbonne University. He has been the recipient of grants and fellowships from the Académie française, the Maison française d'Oxford, the Leuven Institute for Advanced Studies, the Munich Centre for Global History, the Friedrich Nietzsche College of the Klassik Stiftung Weimar, the French-Dutch Network for Higher Education and Research, and the Coordination for the Improvement of Higher Education Personnel, among others.Image: Bas-Relief of the Salt March led by M.K. Gandhi in March-April 1930, photograph by Nevil Zaveri, available here under Creative Commons.Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Whose fault are financial crises, and who is responsible for stopping them, or repairing the damage? Impunity and Capitalism: The Afterlives of European Financial Crises, 1690-1830 (Cambridge University Press, 2022) develops a new approach to the history of capitalism and inequality by using the concept of impunity to show how financial crises stopped being crimes and became natural disasters. Dr. Trevor Jackson examines the legal regulation of capital markets in a period of unprecedented expansion in the complexity of finance ranging from the bankruptcy of Europe's richest man in 1709, to the world's first stock market crash in 1720, to the first Latin American debt crisis in 1825. He shows how, after each crisis, popular anger and improvised policy responses resulted in efforts to create a more just financial capitalism but succeeded only in changing who could act with impunity, and how. Henceforth financial crises came to seem normal and legitimate, caused by impersonal international markets, with the costs borne by domestic populations and nobody in particular at fault. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Digital platforms controlled by Alibaba, Alphabet, Amazon, Facebook, Netflix, Tencent and Uber have transformed not only the ways we do business, but also the very nature of people's everyday lives. It is of vital importance that we understand the economic principles governing how these platforms operate. Paul Belleflamme and Martin Peitz's book The Economics of Platforms: Concepts and Strategy (Cambridge UP, 2021) explains the driving forces behind any platform business with a focus on network effects. The authors use short case studies and real-world applications to explain key concepts such as how platforms manage network effects and which price and non-price strategies they choose. This self-contained text is the first to offer a systematic and formalized account of what platforms are and how they operate, concisely incorporating path-breaking insights in economics over the last twenty years. Martin Peitz is professor of economics at the University of Mannheim (since 2007), a director of the Mannheim Centre for Competition and Innovation – MaCCI (since 2009). He has been member of the economic advisory group on competition policy (EAGCP) at the European Commission (2013–2016), an academic director of the Centre on Regulation in Europe, CERRE (2012–2016) and head of the Department of Economics (2010–2013). Martin has widely published in leading economics journals. He also frequently trains and advises government agencies in Europe and abroad on competition and regulation issues. Peter Lorentzen is economics professor at the University of San Francisco. He heads USF's Applied Economics Master's program, which focuses on the digital economy. His research is mainly on China's political economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anthropological Witness: Lessons from the Khmer Rouge Tribunal (Cornell UP, 2022) tells the story of Alexander Laban Hinton's encounter with an accused architect of genocide and, more broadly, Hinton's attempt to navigate the promises and perils of expert testimony. In March 2016, Hinton served as an expert witness at the Extraordinary Chambers in the Courts of Cambodia, an international tribunal established to try senior Khmer Rouge leaders for crimes committed during the 1975–79 Cambodian genocide. His testimony culminated in a direct exchange with Pol Pot's notorious right-hand man, Nuon Chea, who was engaged in genocide denial. Anthropological Witness looks at big questions about the ethical imperatives and epistemological assumptions involved in explanation and the role of the public scholar in addressing issues relating to truth, justice, social repair, and genocide. Hinton asks: Can scholars who serve as expert witnesses effectively contribute to international atrocity crimes tribunals where the focus is on legal guilt as opposed to academic explanation? What does the answer to this question say more generally about academia and the public sphere? At a time when the world faces a multitude of challenges, the answers Hinton provides to such questions about public scholarship are urgent. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
While it might ordinarily be assumed that judges who sit on constitutional courts will be local citizens, in the islands of the Pacific, more than three-quarters of judges are foreign. This is book about that unique phenomenon, but a phenomenon that has global implications. Foreign Judges in the Pacific (Hart, 2021) is a comprehensive study which brings together original empirical research, together with legal analysis and constitutional theory, and traces the impact and influence of foreign judging on nine states Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. Dr Anna Dziedzic's is a cutting-edge and pertinent contribution to constitutional law and jurisprudence. This work brings unique analysis of concepts such as cultural understanding, transnational knowledge sharing, and the importance of nationality in the task of judging. What really drew me to the book and kept me engaged in the work was not just the depth and richness of the study, but that practice of foreign judging in these under-studied Pacific does matter, and has broad lessons for all scholars, policy makers and lawyers who practice and research in all areas of constitutional law. There is a lot to be learnt from this study, and the quality of its analysis will arguably be found to be without parallel. Dr Anna Dziedzic is a Postdoctoral Fellow in the Laureate Program in Comparative Constitutional Law at Melbourne Law School. She researches comparative constitutional law and judicial studies, with a particular focus on the Pacific region. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is the best way to achieve societal harmony in a place in which groups of people with different identities are living together. Should minority groups be given exemptions from general policies and laws or is it better to say majority privilege should be removed by finding solutions in which the law applies equally to the minority and the majority. Owen Bennett Jones was joined by co-authors Peter Balint and Patti Lenard who have discussed these issues in Debating Multiculturalism: Should There be Minority Rights? (Oxford UP, 2022). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Frans Camphuijsen explored records from the law courts of York, Paris, and Utrecht and used them as a base for Scripting Justice in Late Medieval Europe: Legal Practice and Communication in the Law Courts of Utrecht, York, and Paris (Amsterdam University Press, 2022). Late medieval societies witnessed the emergence of a particular form of socio-legal practice and logic, focused on the law court and its legal process. In a context of legal pluralism, courts tried to carve out their own position by influencing people's conception of what justice was and how one was supposed to achieve it. These "scripts of justice" took shape through a range of media, including texts, speech, embodied activities and the spaces used to perform all these. Looking beyond traditional historiographical narratives of state building or the professionalization of law, this book argues that the development of law courts was grounded in changing forms of multimedial interaction between those who sought justice and those who claimed to provide it. Through a comparative study of three markedly different types of courts, it involves both local contexts and broader developments in tracing the communication strategies of these late medieval claimants to socio-legal authority. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On August 6, 2020, the Trump Administration issued a ban on TikTok in the United States, requiring that the owner, Beijing-based Bytedance, sell the company to American investors or shut it down. Legions of TikTokers were devastated at the possible loss of their beloved platform, and for what: a political grudge with China? American suitors like Walmart and Oracle tried to make a deal with Bytedance to keep the platform operating in the US. But then something curious happened. The Chinese government refused to let Bytedance sell TikTok on national security grounds. As it turns out, the pandemic era platform for dance challenges is a Chinese government asset. As digital technologies and social media have evolved into organizing forces for the way in which we conduct our work and social lives, the business logic that undergirds these digital platforms has become clear: we are their product. We give these businesses information about everything--from where we live and work to what we like to do for entertainment, what we consume, where we travel, what we think politically, and with whom we are friends and acquaintances. We do this willingly, but often without a full understanding of how this information is stored or used, or what happens to it when it crosses international boundaries. As Aynne Kokas argues, both corporations and governments traffic much of this data without our consent--and sometimes illegally--for political and financial gain. In Trafficking Data: How China Is Winning the Battle for Digital Sovereignty (Oxford UP, 2022), Aynne Kokas looks at how technology firms in the two largest economies in the world, the United States and China, have exploited government policy (and the lack thereof) to gather information on citizens, putting US national security at risk. Kokas argues that US government leadership failures, Silicon Valley's disruption fetish, and Wall Street's addiction to growth have fuelled China's technological goldrush. In turn, American complacency yields an unprecedented opportunity for Chinese firms to gather data in the United States and quietly send it back to China, and by extension, to the Chinese government. Drawing on years of fieldwork in the US and China and a large trove of corporate and policy documents, Trafficking Data explains how China is fast becoming the global leader in internet governance and policy, and thus of the data that defines our public and private lives. Peter Lorentzen is economics professor at the University of San Francisco. He heads USF's Applied Economics Master's program, which focuses on the digital economy. His research is mainly on China's political economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone, even in the United States? The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. You may be surprised to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for the powerful and the privileged. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court justice Louis Brandeis famously promoted First Amendment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Donald Trump confidently hid behind privacy despite the public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as author Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets. Too much means the famous and infamous can cloak themselves in secrecy and dodge accountability. Seek and Hide: The Tangled History of the Right to Privacy (Viking, 2022) carries us from the very start, when privacy concepts first entered American law and society, to now, when the law allows a Silicon Valley titan to destroy a media site like Gawker out of spite. Muckraker Upton Sinclair, like Nellie Bly before him, pushed the envelope of privacy and propriety and then became a privacy advocate when journalists used the same techniques against him. By the early 2000s we were on our way to today’s full-blown crisis in the digital age, worrying that smartphones, webcams, basement publishers, and the forever internet had erased privacy completely. Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at reneeg@vanleer.org.il. She's on Twitter @embracingwisdom. She blogs here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There's a strong chance that chair you are sitting on was made from stolen lumber. In Tree Thieves: Crime And Survival In North America's Woods (Little, Brown Spark, 2022), Lyndsie Bourgon takes us deep into the underbelly of the illegal timber market. As she traces three timber poaching cases, she introduces us to tree poachers, law enforcement, forensic wood specialists, the enigmatic residents of former logging communities, environmental activists, international timber cartels, and indigenous communities along the way. Old-growth trees are invaluable and irreplaceable for both humans and wildlife, and are the oldest living things on earth. But the morality of tree poaching is not as simple as we might think: stealing trees is a form of deeply rooted protest, and a side effect of environmental preservation and protection that doesn't include communities that have been uprooted or marginalized when park boundaries are drawn. As Bourgon discovers, failing to include working class and rural communities in the preservation of these awe-inducing ecosystems can lead to catastrophic results. Featuring excellent investigative reporting, fascinating characters, logging history, political analysis, and cutting-edge tree science, Tree Thieves takes readers on a thrilling journey into the intrigue, crime, and incredible complexity sheltered under the forest canopy. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Experimentation on animals—particularly humans—is often assumed to be a uniquely modern phenomenon. But the ideas and attitudes that encourage biological and medical scientists to experiment on living creatures date from the earliest expressions of Western thought. In Experimenting with Humans and Animals: From Aristotle to CRISPR (Johns Hopkins UP, 2022) (Johns Hopkins UP), Anita Guerrini looks at the history of these practices and examines the philosophical and ethical arguments that justified them. Guerrini discusses key historical episodes in the use of living beings in science and medicine, including the discovery of blood circulation, the development of smallpox and polio vaccines, and recent research in genetics, ecology, and animal behavior. She also explores the rise of the antivivisection movement in Victorian England, the modern animal rights movement, and current debates over gene therapy and genetically engineered animals. We learn how perceptions and understandings of human and animal pain have changed; how ideas of class, race, and gender have defined the human research subject; and that the ethical values of science seldom stray far from the society in which scientists live and work. Thoroughly rewritten and updated, with new material in every chapter, the book emphasizes a broader understanding of experimentation and adds material on gene therapy, self-experimentation, and prisoners and slaves as experimental subjects. A new chapter brings the story up to the present while reflecting on the current regulatory scene, new developments in science, and emerging genomics. Experimenting with Humans and Animals offers readers a context within which to understand more fully the responsibility we all bear for the suffering inflicted on other living beings in the name of scientific knowledge. Anita Guerrini is a historian of science and medicine, recently retired as Horning Professor in the Humanities at Oregon State University, where she's been since 2008. Before that she was a professor of History and Environmental Studies at the University of California, Santa Barbara. She was educated at Connecticut College and Oxford University and received a Ph.D. in History and Philosophy of Science from Indiana University. Callie Smith is a poet and a PhD candidate in English at the University of Louisiana at Lafayette. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A few big companies are selling information about us to governments and companies. But beyond a general sense of unease, what do we need to know about this and what do we need to do about it? Professor Sarah Lamdan gives answers to those questions in her book Data Cartels: The Companies that Control and Monopolise our Information (Stanford UP, 2022). Listen to her conversations with Owen Bennett Jones. Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The contemporary internet's de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy: How Surveillance Advertising Conquered the Internet (U Minnesota Press, 2021), Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising. The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet's rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marshaled venture capital to develop the now-ubiquitous business model called "surveillance advertising." He draws on a range of primary resources from government, industry, and the press and highlights the political roots of internet advertising to underscore the necessity of political solutions to reign in unaccountable commercial surveillance. The dominant business model on the internet, surveillance advertising is the result of political choices--not the inevitable march of technology. Unlike many other countries, the United States has no internet privacy law. A fascinating prehistory of internet advertising giants like Google and Facebook, Profit over Privacy argues that the internet did not have to turn out this way and that it can be remade into something better. Peter C. Kunze is a visiting assistant professor of communication at Tulane University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. Jeffrey Bellin's book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover (Cambridge UP, 2022) examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffery Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Is Marx relevant today, after the collapse of communism in Eastern Europe? Is Marx’s political theory compatible with individual rights? You will be surprised to learn that the answers are yes and yes. Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights (Palgrave Macmillan, 2021) offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. Igor Shoikhedbrod begins his book by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. In our discussion, the author tracks the enduring legacy of Marx’s critique of liberal justice by examining how Marx still speaks to our time. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In March 2022 the U.S. government announced its determination that genocide was committed by the Myanmar military against Rohingya communities in Myanmar’s Rakhine State in 2017. What will this mean for the roughly one million Rohingya refugees living in neighboring countries, for Rohingya IDPs in Rakhine, and for post-coup Myanmar? In this episode, part two of a two-part series, Terese Gagnon speaks with Kyaw Zeyar Win about this long-awaited determination and the possible implications for Rohingya both within and outside post-coup Myanmar. Click here to listen to part one of the series covering the securitization of Rohingya and roots of the 2017 genocide. Kyaw Zeyar Win is a Project Coordinator at the International Republican Institute in Washington D.C. He is an expert in international relations and human rights with a focus on Myanmar. He holds a master’s in IR from the Maxwell School of Citizenship and Public Affairs at Syracuse University where he was an Open Society Fellow. He is author of the chapter “Securitization of the Rohingya in Myanmar” from the book Myanmar Transformed? People, Places and Politics. Terese Gagnon is a Postdoctoral Researcher at the University of Copenhagen and the Nordic Institute of Asian studies researching Karen food, seed, and political sovereignty. You might also be interested in these related podcasts: --Karen Sanctuaries Memory, Biodiversity and Political Sovereignty --The Politics of Protest in Myanmar --What Remains: Textiles from Tuol Sleng The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. About NIAS: www.nias.ku.dk Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
During the early twentieth century New York State, with its settlement houses, muckraking journalists, labor unions and national political leaders like Theodore Roosevelt, was central to the political ferment of the Progressive Era. And in that time, the New York State Court of Appeals—the state’ highest court--made vitally important decisions on the constitutional legitimacy of laws relating to public health, personal liberty, privacy, the regulation of businesses, working hours for women, and compensation for workers injured on the job. The Court of Appeals, Bruce Dearstyne argues in his new book, was in these years a crucible where new and complex public issues were debated and decided. New York State was large in population (and thus spoke loudly in Congress and the Electoral College) and was at the center of fierce debates over topics such as corporate power, labor rights, public health. In The Crucible of Public Policy: New York Courts in the Progressive Era (SUNY Press, 2022), Dearstyne argues that the court’s pathbreaking decisions in the Progressive Era echo into our own times. Indeed, he concludes, it was second in importance only to the United States Supreme Court. Robert W. Snyder, Manhattan Borough Historian and professor emeritus of American Studies and Journalism at Rutgers University. Email: rwsnyder@rutgers.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Arvind Narrain is a lawyer and writer based in Bangalore. He is visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was a part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018. In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis. In India's Undeclared Emergency: Constitutionalism and the Politics of Resistance (Context, 2021), Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, the Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, he says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like. Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Which rules do we obey and which ones can we find a way around? What distinctions can be drawn between rules, models to be emulated and algorithms. Lorraine Daston has published widely on the history of science, probability, scientific objectivity and observation, and many other such matters, and she has now published Rules: A Short History of What We Live By (Princeton UP, 2022). Listen to her discussion with Owen Bennett Jones about rules. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of “good character.” By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants: Why Racism Persists in International Migration (Princeton UP, 2022) challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws.
In this eye-opening book, Andrew Rosenberg argues that while today’s leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that the former imperial powers and their allies now deem unfit to enter. Rosenberg shows how postcolonial states remain embedded in a Western culture that requires them to continuously perform their statehood, and how the closing and policing of international borders has become an important symbol of sovereignty, one that imposes harsher restrictions on non-White migrants.
Drawing on a wealth of original quantitative evidence, Undesirable Immigrants demonstrates that we cannot address the challenges of international migration without coming to terms with the brutal history of colonialism. Andrew Rosenberg is an assistant of political science at the University of Florida. His research examines racial inequality in the international system, the politics of migration, and global inequality. His current projects empirically break down the ideologies that maintain racial inequality in international migration. His research has been published in the American Journal of Political Science, International Studies Quarterly, Political Analysis, and Security Dialogue. He holds a Ph.D. in Political Science from the Ohio State University and is originally from Des Moines, Iowa. Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The political Left has long faced tension regarding its universalistic commitments and those to the nation it inhabits. The dilemma is captured succinctly in the Declaration of the Rights of Man and Citizen that articulated leftist or progressive devotion to both man in the historic collective sense of human beings, as well as to the fellow members of a particular political community at the time of the French Revolution. That older tension persists at the same time that the left has increasingly today become associated with identity politics and such phenomena. So how can the Left square this circle between universalism and its own national community? In this episode of International Horizons, Emmanuel Dalle Mulle and Ivan Serrano authors of “Universalism Within: The Tension between Universalism and Community in Progressive Ideology”, discuss the concept and importance of universalism and how it is closely related to the conception of nation-states, creating a tension of values where the clashes between educated and non-educated translate into right-wing politics. Moreover, they explain the relationship between identity politics and universalism, and how the working class has shifted within politics in Europe and the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Canadians are proud of their multicultural image both at home and abroad. But that image isn t grounded in historical facts. As recently as the 1960s, the Canadian government enforced discriminatory, anti-Black immigration policies, designed to restrict and prohibit the entry of Black Barbadians and Black West Indians. The Canadian state capitalized on the public s fear of the Black unknown and racist stereotypes to justify their exclusion. In Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians (Fernwood, 2016), Christopher Stuart Taylor utilizes the intersectionality of race, gender and class to challenge the perception that Blacks were simply victims of racist and discriminatory Canadian and international, immigration policies by emphasizing the agency and educational capital of Black Barbadian emigrants during this period. In fact, many Barbadians were middle to upper class and were well educated, and many, particularly women, found autonomous agency and challenged the very Canadian immigration policies designed to exclude them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets: Extreme Domicide and the Right to Home (Rutgers University Press, 2022) by Dr. Bree Akesson & Dr. Andrew Basso answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue. They present a typology of extreme domicide and investigate a number of historical and contemporary case studies: the Mau Mau Uprising in Kenya (1952-1960), domicide in Cyprus (1974), domicide and the Cherokee Trail of Tears (1838-1839), the occupation of Palestine (1945-present), Chechnya’s generations of domicide (1944-2009), domicide in Bosnia (1992-1995), the Syrian War (2011-present), and the Rohingya in Myanmar (2012-present). This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. Geetanjali Srikantan's book Identifying and Regulating Religion in India: Law, History and the Place of Worship (Cambridge UP, 2020) investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents. Raj Balkaran is a scholar, online educator, and life coach. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century (Princeton UP, 2021), Dr. Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium’s efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold’s Ghostwriter recounts Twiss’s story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife. Combining gripping biography and penetrating intellectual history, King Leopold’s Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century (Princeton UP, 2021), Dr. Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium’s efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold’s Ghostwriter recounts Twiss’s story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife. Combining gripping biography and penetrating intellectual history, King Leopold’s Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is easy to condemn obvious wrongdoers such as Elizabeth Holmes, Adam Neumann, Harvey Weinstein, and the Sackler family. But we rarely think about the many people who supported their unethical or criminal behavior. In each case there was a supporting cast of complicitors: business partners, employees, investors, news organizations, and others. And, whether we're aware of it or not, almost all of us have been complicit in the unethical behavior of others. In Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022), Harvard Business School professor Max Bazerman confronts our complicity head-on and offers strategies for recognizing and avoiding the psychological and other traps that lead us to ignore, condone, or actively support wrongdoing in our businesses, organizations, communities, politics, and more. Complicit tells compelling stories of those who enabled the Theranos and WeWork scandals, the opioid crisis, the sexual abuse that led to the #MeToo movement, and the January 6th U.S. Capitol attack. The book describes seven different behavioral profiles that can lead to complicity in wrongdoing, ranging from true partners to those who unknowingly benefit from systemic privilege, including white privilege, and it tells the story of Bazerman's own brushes with complicity. Complicit also offers concrete and detailed solutions, describing how individuals, leaders, and organizations can more effectively prevent complicity. By challenging the notion that a few bad apples are responsible for society's ills, Complicit implicates us all--and offers a path to creating a more ethical world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We often find ourselves acting in concert with others, where what we do together goes beyond the causal contribution of any single participant. When a collection of individuals works together in a way that results in a wrongful harm, it’s intuitive to think that each of the participants should be held accountable. Yet this intuition needs to be squared with the fact that no single individual’s contribution was causally necessary for the wrongful harm to have occurred. Hence there’s a range of views about “collective responsibility” that posit group agents and collective intentions. In Authority, Cooperation, and Accountability (Oxford UP, 2022), Saba Bazargan-Forward develops a different approach. On his view, ordinary features of human agency can be disbursed across individuals in a way that forms a division of agential labor. When such a division of labor is established, puzzles about collective responsibility can be resolved. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How can you hide and spend billions of dollars? Many people hoping to do that go to London which is today considered the money laundering capital of the world. It’s the place where the world’s most corrupt individuals can park their money safely. How does that work? Where else does it happen and can anything be done about it? Owen Bennett Jones discusses the business of cleaning up dirty money with a journalist and author who has covered kleptocrats and their ill gotten gains for years, Oliver Bullough. He is the author of Butler to the World: How Britain Helps the World's Worst People Launder Money, Commit Crimes, and Get Away with Anything (St. Martin's Press, 2022). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and Barbara Frey, the war on drugs launched in 2006 by President Felipe Calderón and the corrupting influence criminal organizations have on public institutions have empowered both state and nonstate actors to operate with impunity. Impunity, they argue, is the root cause that has enabled a human-rights crisis to flourish, creating a climate of generalized violence that is carried out, condoned, or ignored by the state and precluding any hope for justice. Mexico's Human Rights Crisis (U Pennsylvania Press, 2019) offers a broad survey of the current human rights issues that plague Mexico. Essays focus on the human rights consequences that flow directly from the ongoing war on drugs in the country, including violence aimed specifically at women, and the impunity that characterizes the government's activities. Contributors address the violation of the human rights of migrants, in both Mexico and the United States, and cover the domestic and transnational elements and processes that shape the current human rights crisis, from the state of Mexico's democracy to the influence of rulings by the Inter-American Court of Human Rights on the decisions of Mexico's National Supreme Court of Justice. Given the scope, the contemporaneity, and the gravity of Mexico's human rights crisis, the recommendations made in the book by the editors and contributors to curb the violence could not be more urgent. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here's the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do: A Legal Guide to Marriage, Gay and Otherwise (New Press, 2016), leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations any couple should address before tying the knot. She explains the rights married couples have--and those they do not. With cameos from some of the most prominent LGBTQ+ professionals, Schwartz explores all of the implications of marriage from name changes and getting a license to taxes, insurance, Social Security, and much more. Chapters on estate planning, pre- and post-nuptial agreements, and organizing finances make Before I Do a crucial handbook for anyone considering marriage--because, as Schwartz explains, just because you can get married does not mean you should. Eugenio Duarte, Ph.D. is a psychologist and psychoanalyst practicing in Miami. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
California was born "under the shadow of slavery," writes Lynn Hudson, professor of history at the University of Illinois at Chicago. In West of Jim Crow: The Fight Against California's Color Line (U of Illinois Press, 2020), Hudson argues that despite its reputation as a land of opportunity and freedom, California's deeply racist past extended well into the twentieth century. As one Black Californian put it, the only difference between California and Mississippi was the way they were spelled. Yet, African Americans in the state nonetheless resisted Jim Crow in the West at every turn, from founding all Black communities to struggling to integrate public facilities such as swimming pools. West of Jim Crow is a fascinating look at how the myths about where Jim Crow segregation began and ended hide important truth's about segregation and discrimination's extent. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lynching is often viewed as a narrow form of violence: either the spontaneous act of an angry mob against accused individuals, or a demonstration of white supremacy against an entire population considered subhuman. However, in this new treatise, historian Guy Lancaster exposes the multiple forms of violence hidden beneath the singular label of lynching. Lancaster, who has written extensively on racial violence, details several lynchings of Blacks by white posses in post-Reconstruction Arkansas. Drawing from the fields of history, philosophy, cognitive science, sociology, and literary theory, and quoting chilling contemporary accounts, he argues that the act of lynching encompasses five distinct but overlapping types of violence. This new framework reveals lynching to be even more of an atrocity than previously understood: that mobs did not disregard the humanity of their victims but rather reveled in it; that they were not simply enacting personal vengeance but manifesting an elite project of subjugation. Lancaster thus clarifies and connects the motives and goals of seemingly isolated lynch mobs, embedding the practice in the ongoing enforcement of white supremacy. By interrogating the substance of lynching, American Atrocity: The Types of Violence in Lynching (U Arkansas Press, 2021) shines new light on both past anti-Black violence and the historical underpinnings of our present moment. Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 2021) and co-editor of Steeped in a Culture of Violence: Murder, Racial Injustice, and Other Violent Crimes in Texas, 1965–2020 (Texas A&M University Press, scheduled Spring 2023). Twitter: @DrBrandonJett1. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture (Cornell UP, 2022), Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the divide.
The Inquisition's scribes recorded every torment, every scream, and every confession in the torture chamber. Their transcripts reveal that Inquisitors used torture deliberately and meticulously, unlike the rash, improvised methods used by the United States after 9/11. In their relentless pursuit of underground Jewish communities in Spain and Mexico, the Inquisition tortured in cold blood. But they treated any information extracted with caution: torture was used to test information provided through other means, not to uncover startling new evidence. Hassner's findings in Anatomy of Torture have important implications for ongoing torture debates. Rather than insist that torture is ineffective, torture critics should focus their attention on the morality of torture. If torture is evil, its efficacy is irrelevant. At the same time, torture defenders cannot advocate for torture as a counterterrorist "quick fix": torture has never located, nor will ever locate, the hypothetical "ticking bomb" that is frequently invoked to justify brutality in the name of security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
An alienated society divided into groups and classes suspicious of one another does not pose an especially great problem for an authoritarian regime that does not legitimize itself through fair elections. In contrast, democratic institutions presuppose a consensus about obeying common “rules of the game” and rely on a culture of trust and reciprocity. For democratic consolidation, citizens must respect and participate in shared democratic institutions. For instance, they should trust courts as the final arbiters in adjudicating disputes and respect judicial decisions even if they disagree with them. They should also recognize results of elections, even if their favorite candidate loses. – Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (2010) This book tackles three puzzles of pacted transitions to democracy. First, why do autocrats ever step down from power peacefully if they know that they may be held accountable for their involvement in the ancien régime? Second, when does the opposition indeed refrain from meting out punishment to the former autocrats once the transition is complete? Third, why, in some countries, does transitional justice get adopted when successors of former communists hold parliamentary majorities? Monika Nalepa argues that infiltration of the opposition with collaborators of the authoritarian regime can serve as insurance against transitional justice, making their commitments to amnesty credible. This explanation also accounts for the timing of transitional justice across East Central Europe. Nalepa supports her theory using a combination of elite interviews, archival evidence, and statistical analysis of survey experiments in Poland, Hungary, and the Czech Republic. Here are Monika’s book recommendations and links to the articles mentioned in this interview:
Anne Meng’s Constraining Dictatorship: From Personalized Rule to Institutionalized Regimes;
Bryn Rosenfeld’s The Autocratic Middle Class: How State Dependency Reduces the Demand for Democracy;
Sergei Guriev and Daniel Treisman’s Spin Dictators: The Changing Face of Tyranny in the 21st Century;
Milena Ang and Monika Nalepa’s chapter ‘What can Quantitative and Formal Models Teach us About Transitional Justice’
Monika Nalepa and Barbara Piotrowskaw’s article ‘Clean sweep or picking out the ‘bad apples’: the logic of secret police purges with evidence from Post-Communist Poland’.
See also Professor Nalepa’s discussion with Miranda Melcher about her latest Cambridge University Press release - After Authoritarianism: Transitional Justice and Democratic Stability on the NBN. Monika Nalepa’s research focuses on transitional justice, parties and legislatures, and game-theoretic approaches to comparative politics. She teaches courses in game theory, comparative politics, and transitional justice at the University of Chicago. Keith Krueger lectures part-time in the Sydney Business School at Shanghai University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Content Warning: discussion of execution gets a bit gruesome. Jennifer Lodine-Chaffey, A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England (University of Alabama Press, 2022) provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part of the execution spectacle-one used to assess the victim's proper acceptance of death and godly repentance-was the final speech offered at the foot of the gallows or before the pyre. To ensure that their words on the scaffold held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. Just as important as their words, though, were the depictions of women's bodies. Drawing on a wide range of genres, from accounts of martyrdom to dramatic works, this study explores not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance. The reception of women's speeches, Jennifer Lodine-Chaffey argues, depended on their performances of accepted female behaviors and words as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society. The first part of this study investigates the early modern execution, including the behavioral expectations for condemned individuals, the medieval tradition that shaped the ritual, and the gender specific ways English authorities legislated and carried out women's executions. Depictions of the female body are the focus of the second part of the book. The executed woman's body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. These signs, though, were related not just to early modern ideas about female modesty and weakness, but also to the developing martyrdom tradition, which linked bodies and behavior to inner spiritual states. While many representations of women focused on physical traits and behaviors coded as godly, other accounts highlighted the grotesque and bestial attributes of women deemed unrepentant or evil. Part Three considers the rhetorical strategies used by women and their authors, highlighting the ways that women positioned themselves as stereotypically weak in order to defuse criticism of their speeches and navigate their positions in society, even when awaiting death on the scaffold. The greater focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women's roles not just as criminals but as subjects. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode, our host Mariela Morales Suárez discusses the book Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022) by Dr. Larisa Kingston Mann. You’ll hear about:
Dr. Mann’s intellectual trajectory and how she became interested in the topic of copyright in Jamaican popular music;
The concept of “rude citizenship” through the Jamaican music world;
What it means to be “original” from the perspective of copyrights, language, and diverse modes of cultural production in Jamaica;
Dr. Mann’s writing process as a form of translation from fieldwork notes, archival materials, and music contents into ethnography;
How to make the classroom a meaningful pedagogical space by learning from marginal voices and practices;
What constitutes the exilic spaces, namely, the reimagining of marginalized spaces as sites of agency and sovereignty through music and cultural production;
The transnational networks of the local music production in Jamaica and global flows of sonic resistance, especially during COVID-19.
About the book In this deep dive into the Jamaican music world filled with the voices of creators, producers, and consumers, Larisa Kingston Mann—DJ, media law expert, and ethnographer—identifies how a culture of collaboration lies at the heart of Jamaican creative practices and legal personhood. Because many working-class and poor people are cut off from the full benefits of citizenship on the basis of race, class, and geography, Jamaican music spaces are an important site of social commentary and political action in the face of the state’s limited reach and neglect of social services and infrastructure. Music makers organize performance and commerce in ways that defy, though not without danger, state ordinances and intellectual property law and provide poor Jamaicans avenues for self-expression and self-definition that are closed off to them in the wider society. In a world shaped by coloniality, how creators relate to copyright reveals how people will play outside, within, and through the limits of their marginalization. You can find this book on the University of North Carolina Press website. Author: Larisa Kingston Mann is Assistant Professor in the Department of Media Studies and Production at Temple University (PA, USA). Host: Mariela Morales Suárez is a doctoral candidate at the Annenberg School for Communication at the University of Pennsylvania where she specializes in transnational media flows, technological appropriations, diasporic identity formation, and popular culture. Editor & Producer: Jing Wang. She is Senior Research Manager at CARGC at the Annenberg School for Communication, University of Pennsylvania. Our podcast is part of the multimodal project powered by the Center for Advanced Research in Global Communication (CARGC) at the Annenberg School for Communication at the University of Pennsylvania. At CARGC, we produce and promote critical, interdisciplinary, and multimodal research on global media and communication. We aim to bridge academic scholarship and public life, bringing the very best scholarship to bear on enduring global questions and pressing contemporary issues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr Lucy Series Deprivations of Liberty in The Shadows of the Institution (Bristol University Press, 2022) is one that I have long been looking forward to reading, and it did not disappoint. Series provides a rich historical and socio-legal context to bring new understanding of the post-carceral era, and the legacies of the institutions which continue to shape the contemporary era of social care detention. She provides an in-depth analysis of the very odd legal landscape that has been imported into the British care system, to draw out the specific logics, locus and temporality of a complex social problem, for which the legal solution has produced anomalous results. Her key concern goes beyond bringing new understanding of the ways that individuals are regulated and controlled. Crucially, Series delves into what we should be aiming for. Dr Lucy Series is a lecturer in the school for policy studies at the University of Bristol. She also writes a fabulous blog, The Small Places. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their freedom years, sometimes decades, ahead of schedule. High-ranking Nazi plunderers, kidnappers, slave laborers, and mass murderers all walked free by 1958. High Commissioner for Occupied Germany John J. McCloy and his successors articulated a vision of impartial American justice as inspiring and legitimizing their actions, as they concluded that German war criminals were entitled to all the remedies American laws offered to better their conditions and reduce their sentences. Based on extensive archival research (including newly declassified material), this book explains how American policy makers’ best intentions resulted in a series of decisions from 1949–1958 that produced a self-perpetuating bureaucracy of clemency and parole that “rehabilitated” unrepentant German abettors and perpetrators of theft, slavery, and murder while lending salience to the most reactionary elements in West German political discourse. Nicholas Misukanis is a doctoral candidate in the history department at the University of Maryland - College Park. He studies modern European and Middle Eastern history with a special emphasis on Germany and the role energy autonomy played in foreign and domestic German politics during the twentieth century. He is currently working on his dissertation which analyzes why the West German government failed to convince the public to embrace nuclear energy and the ramifications this had on German politics between 1973 and 1986. His work has been published in Commonweal, America: The Jesuit Review, The United States’ Naval Academy’s Tell Me Another and Studies on Asia. He can be reached at Misukani@umd.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As a deafblind woman with partial vision in one eye and bilateral hearing aids, Elsa Sjunneson lives at the crossroads of blindness and sight, hearing and deafness--much to the confusion of the world around her. While she cannot see well enough to operate without a guide dog or cane, she can see enough to know when someone is reacting to the visible signs of her blindness and can hear when they're whispering behind her back. And she certainly knows how wrong our one-size-fits-all definitions of disability can be. As a media studies professor, she's also seen the full range of blind and deaf portrayals on film, and here she deconstructs their impact, following common tropes through horror, romance, and everything in between. Part memoir, part cultural criticism, part history of the Deafblind experience, Being Seen: One Deafblind Woman's Fight to End Ableism (Simon Element, 2021) explores how our cultural concept of disability is more myth than fact, and the damage it does to us all. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What happens to the cultural politics of human rights when atrocities are rendered calculable, abuses are transformed into data, and victims become vectors? As human rights organizations have increasingly embraced information technologies this ‘datafication’ of rights has become both a reality and a pressing concern, one inextricably tangled up with questions regarding the broader political valences of human rights. In The Informational Logic of Human Rights (Edinburgh UP, 2022), Josh Bowsher resituates recent critiques of human rights within ongoing theoretical discussions concerning informational capitalism, digital culture and the politics of data. Critically analysing the contemporary human rights movement as an informational politics, Bowsher provides a new conceptual agenda for both exploring and overcoming the limits of human rights in an era shaped by the data flows, network infrastructures and informational logic of late capitalism. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2015, the anonymous leak of the Panama Papers brought to light millions of financial and legal documents exposing how the superrich hide their money using complex webs of offshore vehicles. Spiderweb Capitalism: How Global Elites Exploit Frontier Markets (Princeton UP, 2022) takes you inside this shadow economy, uncovering the mechanics behind the invisible, mundane networks of lawyers, accountants, company secretaries, and fixers who facilitate the illicit movement of wealth across borders and around the globe. Kimberly Kay Hoang traveled more than 350,000 miles and conducted hundreds of in-depth interviews with private wealth managers, fund managers, entrepreneurs, C-suite executives, bankers, auditors, and other financial professionals. She traces the flow of capital from offshore funds in places like the Cayman Islands, Samoa, and Panama to special-purpose vehicles and holding companies in Singapore and Hong Kong, and how it finds its way into risky markets onshore in Vietnam and Myanmar. Hoang reveals the strategies behind spiderweb capitalism and examines the moral dilemmas of making money in legal, financial, and political gray zones. Dazzlingly written, Spiderweb Capitalism sheds critical light on how global elites capitalize on risky frontier markets, and deepens our understanding of the paradoxical ways in which global economic growth is sustained through states where the line separating the legal from the corrupt is not always clear. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Global Norms and Local Action: The Campaigns to End Violence against Women in Africa (Oxford UP, 2020), Peace A. Medie studies the domestic implementation of international norms by examining how and why two post-conflict states in Africa, Liberia and Côte d'Ivoire, have differed in their responses to rape and domestic violence. Specifically, she looks at the roles of the United Nations and women's movements in the establishment of specialized criminal justice sector agencies, and the referral of cases for prosecution. She argues that variation in implementation in Liberia and Côte d'Ivoire can be explained by the levels of international and domestic pressures that states face and by the favorability of domestic political and institutional conditions. Medie's study is based on interviews with over 300 policymakers, bureaucrats, staff at the UN and NGOs, police officers, and survivors of domestic violence and rape — an unprecedented depth of research into women's rights and gender violence norm implementation in post-conflict countries. Furthermore, through her interviews with survivors of violence, Medie explains not only how states implement anti-rape and anti-domestic violence norms, but also how women experience and are affected by these norms. She draws on this research to recommend that states adopt a holistic approach to addressing violence against women. Peace A. Medie is an award-winning scholar and a writer. She is associate professor in politics at the University of Bristol. She studies state and non-state actors’ responses to gender-based violence and other forms of insecurity in countries in Africa. She is author of ‘Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa’ (OUP 2020). Her debut novel, His Only Wife, was a New York Times Notable Book of 2020 and a Time Magazine Must-Read Book of 2020. Her second novel, Nightbloom, will be published in June 2023. Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” —Title IX’s first thirty-seven words By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. Sherry Boschert's book 37 Words: Title IX and Fifty Years of Fighting Sex Discrimination (New Press, 2022) is the story of Title IX. Filled with rich characters—from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild—the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It’s also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination. These intersecting narratives of women seeking an education, playing sports, and wanting protection from sexual harassment and assault map gains and setbacks for feminism in the last fifty years and show how some women benefit more than others. Award-winning journalist Sherry Boschert beautifully explores the gripping history of Title IX through the gutsy people behind it. In the tradition of the acclaimed documentary She’s Beautiful When She’s Angry, 37 Words offers a crucial playbook for anyone who wants to understand how we got here and who is horrified by current attacks on women’s rights. Jane Scimeca is Professor of History at Brookdale Community College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The global war on drugs began some 150 years before US President Richard Nixon launched the current chapter of America’s drug war in 1971. In Opium’s Orphans: The 200-Year History of the War on Drugs (Reaktion Books, 2022), P. E. Caquet tells the story of “how an ever-larger group of mind-altering products came to be prohibited throughout the world, for what reasons, and with what effects.” The story opens with Britain’s two Opium Wars against the Chinese. Caquet shows how policies based on the properties of opium have been applied to disparate substances. The book describes how a worldwide effort, long led by the United States, to eliminate drugs at their sources has had unplanned consequences – economic, social, and political – while falling far short of the drug war’s stated goals. Finally, Caquet describes how “the last decade has seen an increasingly direct challenge to the international drug-control system.” Opium’s Orphans is a wide-ranging account of a profoundly consequential history whose origins, rationale, and effects raise difficult questions of the limits of governmental action and the scope of human freedom. Steve Beitler’s work in the history of medicine focuses on how pain has been understood, treated, experienced, and represented. His recently published articles examined the history of opiates in American football and surveyed the history of therapeutic drugs. He can be reached at steve@stevebeitler.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron (Duke University Press, 2022) Dr. Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an environmental liability, then a racketeering scheme, and then a breach of treaty. Holding the paradoxes of complicity in suspension, Dr. Sawyer deftly demonstrates how crude matters, technoscience, and liberal legality configure how risk and reward, deprivation and disavowal, suffering and surfeit become legally and unevenly distributed. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Treason and Masculinity in Medieval England: Gender, Law and Political Culture (Boydell Press, 2020) by Dr. E. Amanda McVitty presents a groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender. Conflicts over treason tormented English political society in the later Middle Ages. As legal and political historians have shown, treason was always a constitutional matter as well as a legal one because it was pivotal in mediating the relationship between English kings, their political subjects and the abstraction of the crown. However, despite renewed interest in constitutional history, there has been no extended examination of treason in medieval England since the 1970s. This pioneering study presents a new interpretation of treason, not only as a legal construct, a political weapon and a tool for constitutional thinking, but also as a cultural category, aligning it with questions of gender, vernacularity and national identity. It examines cases from the 1380s to the 1420s, revealing how kings defended their claims to sovereign authority by using the laws of treason to bind their mortal male bodies to the enduring body politic of the realm, and explains how that body politic was masculinised through its entanglement in contests over manly honour and homosocial loyalties. Drawing on evidence from trial records, legislation and chronicles, Dr. McVitty illuminates the ways in which cultural ideals of manhood reinforced or subverted government responses to crises of legitimacy, and demonstrates that gender conditioned understandings of treason in the political arena as well as the definitions embedded in statutes and case law. At the same time, it explores the varied ways men defended themselves from accusations of treason by invoking, and in the process helping to transform, shared beliefs about what it meant to be a man in medieval England. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Though relatively short, the 2022 book The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy (UP of Kansas, 2022) by Andrew Porwancher, Austin Coffey, Taylor Jipp, and Jake Mazeitis, is jam-packed with information about late 19th and early 20th Century legal history and the professionalization of American legal education. This is a moving tale of a professor whose acolytes included some of the giants of American jurisprudence (e.g., the judges and justices Oliver Wendell Holmes, Louis Brandeis, Learned Hand and the legal scholars John Henry Wigmore and Roscoe Pound). Even those not directly taught by Thayer, such as Felix Frankfurter, lauded him as an intellectual influence. You may be thinking, “Why should I take the time to read a book about a long-dead Harvard law professor?” Well, because many of the issues that James Bradley Thayer (1831-1902) and his students grappled with have shaped almost every encounter Americans have with the law and affect our rights from the workplace to the schoolroom to the courtroom. Thayer and Wigmore, for example, did pioneering work on the laws of evidence. Hand did the same on the topic of expert testimony. Holmes and Thayer thrashed out the meaning of the word “presumption” as it was used in trials. And on a grander scale, Holmes, Brandeis, and Hand were trained as thinkers on Constitutional law by Thayer. We could all do with a primer on what “living constitutionalism” is, for example. The book is also valuable for its contributions to the field of the history of education and will benefit those researching the development of professional associations and the transformation of universities like Harvard from small liberal arts institutions into major research universities. This is social history at its best. We read about how Thayer attracted bright young men from across the country who applied what they learned under their beloved mentor once they left Harvard and took up posts elsewhere (as Wigmore did as dean at Northwestern Law School) and/or played key roles in major legal cases in the Progressive Era and beyond. Economics. Labor Law. Free speech. They’re all here. And “beloved” is not too strong a word for the way these titans of American law regarded Thayer. Early career academics in any field who need a role model of a dedicated teacher could do worse than study the life of James Bradley Thayer. He was the subject of admiration and gratitude decades later by influential men who credited him with providing moral support and practical help when they were first starting out and for setting a standard of learning and hard work that they applied in their judicial and academic careers. Thayer was a networker and mentor par excellence. The book is interesting in itself apart from its subject in that it is a joint work by a professor (Andrew Porwancher) and three of his former students. That is a project worthy of note and something Thayer would almost certainly have endorsed, given how closely he worked with his students when they were at Harvard and, in many cases, for years afterward. It is no exaggeration to say that our lives today were affected by the active law-related personal correspondence between Thayer and his men. Let’s hear from Professor Porwancher about what might be called the Thayer Effect and what co-authorship with students entails. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, even if he is often remembered for his four wives, as a potential vice-presidential nominee, as a target of impeachment proceedings, and for his tenure as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment. Douglas was the spiritual heir to early twentieth-century conservation pioneers such as Teddy Roosevelt and John Muir. His personal spiritual mantra embraced nature as a place of solitude, sanctuary, and refuge. Caught in the giant expansion of America's urban and transportation infrastructure after World War II, Douglas became a powerful leader in forging the ambitious goals of today's environmental movement. And, in doing so, Douglas became a true citizen justice. In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues with his colleagues. He became a national figure through his books, articles, and speeches warning against environmental dangers. Douglas organized protest hikes to leverage his position as a national icon, he lobbied politicians and policymakers privately about everything from logging to highway construction and pollution, and he protested at the Supreme Court through his voluminous and passionate dissents. Douglas made a lasting contribution to both the physical environment and environmental law--with trees still standing, dams unbuilt, and beaches protected as a result of his work. His merged roles as citizen advocate and justice also put him squarely in the center of ethical dilemmas that he never fully resolved. M. Margaret McKeown's Citizen Justice: The Environmental Legacy of William O. Douglas (Potomac Books, 2022) elucidates the why and how of these tensions and their contemporary lessons against the backdrop of Douglas's unparalleled commitment to the environment. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts: The Administration of Justice by Armed Insurgents (Oxford University Press, 2021) by Dr. Réne Provost offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime. After Authoritarianism: Transitional Justice and Democratic Stability (Cambridge University Press, 2022) by Dr. Monika Nalepa analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A Critical Theory of Police Power: The Fabrication of Social Order (Verso, 2021) offers a critical look at policing and the power of the state, examining the relationship between our ideas of order and wider social and political issues. First published in 2000, this new edition of Mark Neocleous' influential book features a new introduction which helpfully situates this ever-relevant text in the context of contemporary struggles over police and policing. Neocleous argues for an expanded concept of police, able to account for the range of institutions through which policing takes place. These institutions are concerned not just with the maintenance and reproduction of order, but with its very fabrication, especially the fabrication of a social order founded on wage labour. By situating the police power in relation to both capital and the state and at the heart of the politics of security, the book opens up into an understanding of the ways in which the state administers civil society and fabricates order through law and the ideology of crime. The discretionary violence of the police on the street is thereby connected to the wider administrative powers of the state, and the thud of the truncheon to the dull compulsion of economic relations. Content warning: the last 2 minutes of the interview include a brief discussion of Mark's current work on suicide. Listeners who enjoyed this interview may enjoy my recent interviews with Mark on his most recent book The Politics of Immunity, with undercover police ("Spycop") victims Helen Steel and Alison about Deep Deception, and with counterterrorism scholar Rizwaan Sabir about The Suspect. Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021).
Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the Founding Fathers or the role that militias played in North American rebellions, in which they often functioned as repressive--and racist--domestic forces. Armed Citizens: The Road from Ancient Rome to the Second Amendment (U Virginia Press, 2020) begins and ends with the statement that the Second Amendment no longer makes sense. Noah Shusterman then sets about proving this point with a chronological journey to the Second Amendment. While that might seem a clear and straight-froward path, it starts in an unexpected place and time: Italy over 2,000 years ago with stops in France and England, but it gets to what will become the United States of America. In many ways this is an Atlantic history of the Second Amendment. Armed Citizens works in several different genres of history, including intellectual and political. The book also engages the history of race, racism, and white supremacy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There's a common story we tell about America: that our fundamental values as a country were stated in the Declaration of Independence, fought for in the Revolution, and made law in the Constitution. But, with the country increasingly divided, this story isn't working for us anymore--what's more, it's not even true. As Kermit Roosevelt argues in this eye-opening reinterpretation of the American story, our fundamental values, particularly equality, are not part of the vision of the Founders. Instead, they were stated in Lincoln's Gettysburg Address and were the hope of Reconstruction, when it was possible to envision the emergence of the nation committed to liberty and equality. We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was: Reconstructing America's Story (U Chicago Press, 2022), Roosevelt shows how we can do both those things by realizing we're not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order. This alternate understanding of American identity opens the door to a new understanding of ourselves and our story, and ultimately to a better America. America today is not the Founders' America, but it can be Lincoln's America. Roosevelt offers a powerful and inspirational rethinking of our country's history and uncovers a shared past that we can be proud to claim and use as a foundation to work toward a country that fully embodies equality for all. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation (Yale UP, 2022), James Bessen explores the idea of how software can actually slow innovation. He makes the case that big companies in one industry after another have built "complex" software systems for managing their sales, marketing, operations and product offerings that are essentially moats against competitors. This mastery of software by major corporations, he argues, helps explain the "myth of disruptive innovation", rising economic concentration, increasing inequality and slowing innovation. James Bessen, an economist and technologist, serves as Executive Director of the Technology & Policy Research Initiative at Boston University School of Law. He has also been a successful innovator and CEO of a software company. His profile in the New York Times is here. Bernardo Batiz-Lazo is currently straddling between Newcastle and Mexico City. You can find him on twitter on issues related to business history of banking, fintech, payments and other musings. Not always in that order. @BatizLazo Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Chitranshul Sinha is an advocate on record of the Supreme Court of India and a partner in Dua Associates, Advocates and Solicitors, who primarily practises in the courts of New Delhi. He occasionally writes articles for leading publications on topics related to law. The Indian Penal Code was formulated in 1860, three years after the first Indian revolt for independence. It was the country's first-ever codification of offences and penalties. But it was only in 1870 that Section 124A was slipped into Chapter VI ('Of Offences against the State'), defining the offence of 'Sedition' in a statute for the first time in the history of common law. When India became independent in 1947, the Constituent Assembly expressed strong reservations against sedition as a restriction on free speech as it had been used as a weapon against freedom fighters, many of whom were a part of the Assembly. Nehru vocally opposed it. And yet, not only has Section 124A survived, it has been widely used against popular movements and individuals speaking up against the establishment. Where did this law come from? How did it evolve? And what place does it have in a mature democracy? Concise, incisive and thoughtful, The Great Repression: The Story of Sedition in India (India VIking, 2019) by Chitranshul Sinha tells the story of this outdated colonial-era law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Corrections in Ink (St. Martin's Press, 2022) is an electric and unforgettable memoir about a young woman's journey-from the ice rink, to addiction and a prison sentence, to the newsroom-emerging with a fierce determination to expose the broken system she experienced. An elite, competitive figure skater growing up, Keri Blakinger poured herself into the sport, even competing at nationals. But when her skating partnership ended abruptly, her world shattered. With all the intensity she saved for the ice, she dove into self-destruction. Then, on a cold day during Keri's senior year, the police stopped her. Caught with a Tupperware container full of heroin, she was arrested and ushered into a holding cell, a county jail, and finally into state prison. There, in the cruel "upside down," Keri witnessed callous conditions and encountered women from all walks of life-women who would change Keri forever. Two years later, Keri walked out of prison sober and determined to make the most of the second chance she was given-an opportunity impacted by her privilege as a white woman. She scored a local reporting job and eventually moved to Texas, where she started covering nothing other than: prisons. Now, over her career as an award-winning journalist, she has dedicated herself to exposing the broken system as only an insider could. Not just a story about getting out and getting off drugs, this rich memoir is about finding redemption within yourself, as well as from the outside world, and the power of second chances. Keri Blakinger is a staff reporter for The Marshall Project, an online news source about the criminal justice system. Her Twitter handle is @keribla. Joel Tscherne is an Adjunct History Professor at Southern New Hampshire University. His Twitter handle is @JoelTscherne. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On December 4, 1931, a mob of white men in Salisbury, Maryland, lynched and set ablaze a twenty-three-year-old Black man named Matthew Williams. His gruesome murder was part of a wave of silent white terrorism in the wake of the stock market crash of 1929, which exposed Black laborers to white rage in response to economic anxieties. For nearly a century, the lynching of Matthew Williams has lived in the shadows of the more well-known incidents of racial terror in the deep South, haunting both the Eastern Shore and the state of Maryland as a whole. In The Silent Shore: The Lynching of Matthew Williams and the Politics of Racism in the Free State (Johns Hopkins UP, 2022), author Charles L. Chavis Jr. draws on his discovery of previously unreleased investigative documents to meticulously reconstruct the full story of one of the last lynchings in Maryland. Bringing the painful truth of anti-Black violence to light, Chavis breaks the silence that surrounded Williams's death. Though Maryland lacked the notoriety for racial violence of Alabama or Mississippi, he writes, it nonetheless was the site of at least 40 spectacle lynchings after the abolition of slavery in 1864. Families of lynching victims rarely obtained any form of actual justice, but Williams's death would have a curious afterlife: Maryland's politically ambitious governor Albert C. Ritchie would, in an attempt to position himself as a viable challenger to FDR, become one of the first governors in the United States to investigate the lynching death of a Black person. Ritchie tasked Patsy Johnson, a member of the Pinkerton detective agency and a former prizefighter, with going undercover in Salisbury and infiltrating the mob that murdered Williams. Johnson would eventually befriend a young local who admitted to participating in the lynching and who also named several local law enforcement officers as ringleaders. Despite this, a grand jury, after hearing 124 witness statements, declined to indict the perpetrators. But this denial of justice galvanized Governor Ritchie's Interracial Commission, which would become one of the pioneering forces in the early civil rights movement in Maryland. Complicating historical narratives associated with the history of lynching in the city of Salisbury, The Silent Shore explores the immediate and lingering effect of Williams's death on the politics of racism in the United States, the Black community in Salisbury, the broader Eastern Shore, the state of Maryland, and the legacy of "modern-day lynchings." Omari Averette-Phillips is a doctoral student in the department of history at UC Davis. He can be reached at okaverettephillips@ucdavis.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades. Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election. But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally. In Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice (Mariner Books, 2022), Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As the 1974 school year began, Wayne Woodward was a beloved high school teacher in a rural Texas town. By the following spring, he was embroiled in a local political firestorm that would ultimately cost him his job. Woodward's sin was, in his own words, naively trying to found a chapter of the ACLU in his Hereford, Texas community. In You Will Never Be One of Us: A Teacher, A Texas Town, and the Rural Roots of Radical Conservatism (University of Oklahoma Press, 2022) West Texas A&M Professor Timothy Bowman tells the remarkable story of Woodward's teaching career, his fight over the ACLU chapter, and the nationally-covered wrongful termination trial that followed. Woodward's story casts shifts the story of American conservatism away from the suburbs and toward rural places like Hereford, where local frontier identities helped create distrust of outsiders and a strong streak of libertarianism. The central question of the book is one of human behavior: why otherwise average Americans would work so hard to run an idealistic young person and beloved teacher out of town? The answer has everything to do with Mexican immigration, labor unrest, and the roiling culture wars, and speaks directly to our present political moment. Timothy Paul Bowman is Associate Professor of History and Chair of the Department of History at West Texas A&M University in Canyon and the author of Blood Oranges: Colonialism and Agriculture in the South Texas Borderlands. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rohan J. Alva is a counsel practicing in the Supreme Court of India. He earned his LLM from Harvard Law School, where he focused on constitutional law, which he read for on numerous scholarships including as a Tata Scholar and on a Harvard Law School Scholarship. Prior to starting his counsel practice, he was a professor at Jindal Global Law School, where he was awarded the Excellence in Research Award. He has also been Visiting Faculty at NLSIU, Bengaluru. His writings have been published in internationally respected journals including Statute Law Review (Oxford University Press), and Hong Kong Law Journal. Alva's first book Liberty After Freedom: A History of Article 21, Due Process and the Constitution of India (HarperCollins India, 2022) explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted. Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution. Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The conventional wisdom about Felix Frankfurter--Harvard law professor and Supreme Court justice--is that he struggled to fill the seat once held by Oliver Wendell Holmes. Scholars have portrayed Frankfurter as a judicial failure, a liberal lawyer turned conservative justice, and the Warren Court's principal villain. And yet none of these characterizations rings true. A pro-government, pro-civil rights liberal who rejected shifting political labels, Frankfurter advocated for judicial restraint--he believed that people should seek change not from the courts but through the democratic political process. Indeed, he knew American presidents from Theodore Roosevelt to Lyndon Johnson, advised Franklin Roosevelt, and inspired his students and law clerks to enter government service. Organized around presidential administrations and major political and world events, this definitive biography chronicles Frankfurter's impact on American life. As a young government lawyer, he befriended Theodore Roosevelt, Louis Brandeis, and Holmes. As a Harvard law professor, he earned fame as a civil libertarian, Zionist, and New Deal power broker. As a justice, he hired the first African American law clerk and helped the Court achieve unanimity in outlawing racially segregated schools in Brown v. Board of Education. In Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment (Norton, 2022), Brad Snyder offers a full and fascinating portrait of the remarkable life and legacy of a long misunderstood American figure. This is the biography of an Austrian Jewish immigrant who arrived in the United States at age eleven speaking not a word of English, who by age twenty-six befriended former president Theodore Roosevelt, and who by age fifty was one of Franklin Roosevelt's most trusted advisers. It is the story of a man devoted to democratic ideals, a natural orator and often overbearing justice, whose passion allowed him to amass highly influential friends and helped create the liberal establishment. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). In Disability Rights and Religious Liberty in Education: The Story Behind Zobrest V. Catalina Foothills School District (U Illinois Press, 2020), Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty. David A. Gerber taught American History at the University at Buffalo (SUNY) from 1971 to his retirement in 2012. He was founding Director of the Center for Disability Studies at UB, and served in that capacity from 2009 through 2012. His interests in History have been grown over the course of years to encompass manifestations of personal and social identity in a wide variety of groups and individuals including during the course of his career: African Americans; American Jews; American Catholics; European immigrants, and people with disabilities. Bruce Dierenfield has long been interested in the history of American race relations, and has written a popular textbook on the civil rights movement and another on African-American leadership since enslavement. As Peter Canisius Distinguished Teaching Professor, Dierenfield organized the “African-American Experience,” led student trips to West Africa and the Deep South, and invited distinguished historians and many influential activists of the 1960s to speak on campus Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Science plays a substantial, though under-acknowledged, role in shaping popular understandings of rape. Statistical figures like “1 in 4 women have experienced completed or attempted rape” are central for raising awareness. Yet such scientific facts often become points of controversy, particularly as conservative scholars and public figures attempt to discredit feminist activists. Rape by the Numbers: Producing and Contesting Scientific Knowledge about Sexual Violence (Rutgers University Press, 2021) by Dr. Ethan Czuy Levine explores scientists’ approaches to studying rape over more than forty years in the United States and Canada. In addition to investigating how scientists come to know the scope, causes, and consequences of rape, this book delves into the politics of rape research. Scholars who study rape often face a range of social pressures and resource constraints, including some that are unique to feminized and politicized fields of inquiry. Collectively, these matters have far-reaching consequences. Scientific projects may determine who counts as a potential victim/survivor or aggressor in a range of contexts, shaping research agendas as well as state policy, anti-violence programming and services, and public perceptions. Social processes within the study of rape determine which knowledges count as credible science, and thus who may count as an expert in academic and public contexts. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Life Worth Living: Disability, Pain, and Morality (U Minnesota Press, 2022) investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Joel Michael Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires. More than 2,000 years ago, Aristotle said: "let there be a law that no deformed child shall live." This idea is alive and well today. During the past century, Supreme Court Justice Oliver Wendell Holmes Jr. argued that the United States can forcibly sterilize intellectually disabled women and philosopher Peter Singer argued for the right of parents to euthanize certain cognitively disabled infants. The Life Worth Living explores how and why such arguments persist by investigating the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Joel Michael Reynolds argues that this history demonstrates a fundamental mischaracterization of the meaning of disability, thanks to the conflation of lived experiences of disability with those of pain and suffering. Building on decades of activism and scholarship in the field, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires. The Life Worth Living is the first sustained examination of disability through the lens of the history of moral philosophy and phenomenology, and it demonstrates how lived experiences of disability demand a far richer account of human flourishing, embodiment, community, and politics in philosophical inquiry and beyond. Joel Michael Reynolds is an Assistant Professor of Philosophy and Disability Studies at Georgetown University, Senior Research Scholar in the Kennedy Institute of Ethics, Senior Bioethics Advisor to The Hastings Center, Faculty Scholar of The Greenwall Foundation, and core faculty in Georgetown’s Disability Studies Program. He is the founder of The Journal of Philosophy of Disability and co-founder of Oxford Studies in Disability, Ethics, and Society from Oxford University Press. Dr. Reynolds’ work explores the relationship between bodies, values, and society. He is especially concerned with the meaning of disability, the issue of ableism, and how philosophical inquiry into each might improve the lives of people with disabilities and the justness of institutions ranging from medicine to politics. These concerns lead to research across a range of traditions and specialties, including philosophy of disability, applied ethics (especially biomedical ethics, public health ethics, tech/data ethics, and ELSI research in genomics), 20th c. European and American philosophy (with an emphasis on phenomenology and pragmatism as practiced in connection with the history of philosophy), and social epistemology (particularly issues of epistemic injustice as linked to social ontology). Autumn Wilke works in higher education as an ADA coordinator and diversity officer and is also an author and doctoral candidate with research/topics related to disability and higher education. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Eric Posner about his book How Antitrust Failed Workers (Oxford UP, 2021). When anti-trust cases are brought forward, typically they involve monopolies exercising undue power in regards to products or services. Rarely do labor issues get the same treatment. Reasons vary from the previous power of unions, to the expense and risk of going to trial, to whether the potential for unfair, uncompetitive practices get scrutinized at all. Posner points in this episode to why the laws may need strengthening. Issues include stagnant wages, and the use and abuse of non-poaching, non-complete and arbitration clauses in the contracts that workers sign. Add in the practice of gig workers and rising inequality issues related to household wealth, and you can’t find a more timely topic than this one. Eric Posner is a professor of Law at the University of Chicago. He’s currently on leave and working for the Anti-Trust Division of the U.S. Justice Department. (Note that his views do not necessarily reflect those of the Justice Department.) Two previous books by Posner were each separately chosen as a book of the year in 2018, one by The Economist and the other by The Financial Times. Dan Hill, PhD, is the author of ten books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). His newest book is Emotionomics 2.0: The Emotional Dynamics Underlying Key Business Goals. To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Before Remdesivir and Hydroxycloroquin there was Tamiflu. To prepare for Swine Flu and Bird Flu, governments spent billions stockpiling this drug called Tamiflu. You’d think governments used the best evidence-based advice, but the story of Tamiflu raises questions about how money shaped the process. On this episode of Cited, Darts and Letters predecessor, we open up the black box of pharmaceutical and public health expertise. We tell the story of a drug, from its days as middling flu treatment through its meteoric rise to international blockbuster. How do experts decide what makes a good drug, and how do pharmaceutical companies make billions from pandemic panic? —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
According to political philosopher Ryan T. Anderson and journalist Alexandra DeSantis, abortion harms everything it touches. It is an act of lethal violence against a child and leaves many women with lifelong regret and feelings of guilt and loss. Far from empowering women, abortion has reduced privileged women to serving as economic drudges to abortion-friendly corporations. “Pro-choice” culture pressures poor and minority women to regard abortion as liberating and presents childbearing as against their interests. These are some of the arguments in Anderson and DeSanctis’ book, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery Publishing, 2022). This is an unabashedly pro-life book. It portrays abortion—from what happens to the child and mother during an abortion to the way that the pro-abortion jurisprudence of the Roe Era of 1973-2022 led even supposedly conservative Supreme Court justices to misread the Constitution. The authors argue that pro-abortion legal arguments have ranged from calling the child in the womb “a potential life” and treating abortion as a mostly medical issue and privacy matter (in Roe) and then an economic justice and gender equality issue (in Planned Parenthood v. Casey) to now a matter of convenience sans any moral discussion at all. The book makes clear why millions of pro-life activists spent decades fighting to end Roe and how they are now gearing up to assist the mothers and children who will face life together in a post-Roe world. The authors call for the entire country to pull together to create a pro-life, pro-family society in which the laws governing abortion or outlawing it entirely have now been returned to the states and the people. Today we will talk to one of the co-authors of the book, Alexandra DeSanctis. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Blame seems both morally necessary and morally dicey. Necessary, because it appears to be a central part of holding others to account for wrongdoing. Dicey, because – in its standard forms – blame involves the expression of anger and aims to harm its target. What’s more, our blaming practices appear to presuppose a kind of freewill that some argue is implausible. In any case, we are aware of the ways in which blaming can go wrong. Are we ever justified in blaming others? In The Problem of Blame: Making Sense of Moral Anger (Cambridge University Press 2022), Kelly McCormick defends blame. She develops a novel theory of how agents can deserve a certain kind of blame and answers a range of skeptical views that hold that, as the relevant concept of desert should be jettisoned, no one deserves blame. Along the way, McCormick introduces a range of insightful methodological considerations that help us navigate the debate. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Though human rights monitors talk of fact-finding missions and reports, human rights facts are, like all social phenomena, not in fact found but made — through processes by which we come to know and talk about them. But how exactly does that happen? And how, by attending to these processes, might we arrive at a more robust understanding of human rights facts? These are the kinds of questions animating Ken MacLean’s new book, Crimes in Archival Form: Human Rights, Fact Production and Myanmar (University of California Press, 2022). In this episode Ken joins New Books in Southeast Asian Studies to explore some of the answers he arrived at after years of research on the complexities of human rights fact production about crimes against humanity in eastern Myanmar, or Burma, and to discuss how it is possible to cast a critical eye over how human rights facts are made and not only remain engaged in causes for human rights, but to make them even stronger at a time that human rights facts are sorely tested, and the truth about facts has never been more contested. Like this interview? If so you might also be interested in:
Lynette Chua, The Politics of Love in Myanmar: LGBT Mobilisation and Human Rights as a Way of Life
Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand
Ken MacLean, The Government of Mistrust: Illegibility and Bureaucratic Power in Socialist Vietnam
Nick Cheesman is Associate Professor, Department of Political & Social Change, Australian National University and Senior Fellow, Baldy Center for Law and Social Policy, University at Buffalo (Fall 2022). He hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
At Crosstown Clinic, doctors are turning addiction treatment on its head: they’re prescribing heroin-users the very drug they’re addicted to. This is the story of one clinic’s quest to remove the harms of addiction, without removing the addiction itself. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Imagine reading or watching The Minority Report and thinking of that as a model for the criminal justice system. Well, plenty of forensic types are doing just that. Can you figure out if you are a criminal by scanning your brain? On this episode of Darts and Letters, guest-host Jay Cockburn and our guests explore the study of the criminal mind, from the history of madness, to spotty personality tests, to the emerging neuroscientific frontier. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What does gentrification look like? Can we even agree that it is a process that replaces one community with another? It is a question of class? Or of economic opportunity? Who does it affect the most? Is there any way to combat it? In Gentrification is Inevitable and Other Lies (Verso, 2022), Leslie Kern travels from Toronto, New York, London, Paris, and San Francisco and scrutinises the myth and lies that surround this most urgent urban crisis of our times. First observed in 1950s London, and theorised by leading thinkers such as Ruth Glass, Jane Jacobs and Sharon Zukin, this devastating process of displacement now can be found in every city and most neighbourhoods. Beyond the Yoga studio, farmer’s market and tattoo parlour, gentrification is more than a metaphor, but impacts the most vulnerable communities. Kern proposes an intersectional way of looking at the crisis that seek to reveal the violence based on class, race, gender, and sexuality. She argues that gentrification is not natural. That it cannot be understood in economic terms, or by class. That it is not a question of taste. That it can only be measured only by the physical displacement of certain people. Rather, she argues, it is a continuation of the settler colonial project that removed natives from their land. And it can be seen today is rising rents and evictions, transformed retail areas, increased policing, and broken communities. But if gentrification is not inevitable, what can we do to stop the tide? In response, Kern proposes a genuinely decolonial, feminist, queer, anti-gentrification. One that demands the right to the city for everyone and the return of land and reparations for those who have been displaced. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Using rare grassroots archives, Tiger, Tyrant, Bandit, Businessman: Echoes of Counterrevolution from New China (Stanford UP, 2022) dives deep into four true criminal cases during the political campaign to suppress counterrevolutionaries of the People’s Republic of China from 1949 to 1953. The first casefile recounted a story of a Confucian scholar who found himself allied with bandits and secret society members. The second casefile was on an assassination of a Communist cadre by a farmer, who was condemned as a landlord and an evil tyrant by the Party. The third casefile was about how the two runaway landlords avoided prosecution of the Party-state by exploiting relative and religious networks in local community. The fourth casefile was on a hapless merchant who accused of a crime he did not commit. Read collectively, the book shows how the newly-established Party-state brought its power to village society. More importantly, the book persuasively demonstrates that the rural revolution could only be understood within its specific local context. In addition, the book also does a model work in showing the historians’ craft of critically reading, analyzing, and using archival documents. Yi Ren is a PhD candidate in the Department of History at the University of Pennsylvania. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With much existing research on migration focusing on the Global North—like Europe and the US—Pugh’s The Invisibility Bargain: Governance Networks and Migrant Human Security (Oxford UP, 2021) shifts the focus to the Global South, which hosts 86% of refugees. With particular attention to Ecuador and other parts of Latin America, The Invisibility Bargain approaches questions of governance, human security, and international politics with an eye towards how both state and non-state actors enforce an “invisibility bargain,” wherein migrants must stay politically and socially invisible in order to remain welcome. Drawing on over 170 interviews, 15 months of fieldwork, and discourse analysis of over 400 presidential speeches and 800 Ecuadorian news stories, The Invisibility Bargain will be of great interest to those in Latin American Studies, Migration Studies, Sociolegal Studies, and Political Science. Dr. Jeffrey Pugh is Associate Professor in the Department of Conflict Resolution, Human Security, & Global Governance at the University of Massachusetts Boston. He is also the executive director of the Center for Mediation, Peace, and Resolution of Conflict (CEMPROC). Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Charles Smith performed autopsies at the Hospital for Sick Children in Toronto, ON. The cops kept turning to him with new corpses, and he kept claiming that these deaths were the result of foul play. He was thought of as a God in his field–few people were willing to question his work. That is until a 2008 inquiry, which found evidence of errors in 20 of the 45 autopsies they reviewed. Dr. Smith’s judgements played a role in 13 wrongful convictions. On this episode, we tell one of those stories. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode of High Theory, Erin McElroy talks with Nathan Kim about Property Technology. This is the first episode in the High Theory in STEM series, that tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. Not only is “property technology” a term for digital tools and other methods used by landlords to track and dispossess tenants, but property itself is a technology. In the episode, Nathan references Erin’s article “Property as Technology,” in which they write that "property itself has long served as a technology of racial dispossession, constituting a palimpsest for the contemporary gentrifying moment." You can read the whole article here: McElroy, Erin. "Property as technology: temporal entanglements of race, space, and displacement." City 24, no. 1-2 (2020): 112-129. Erin McElroy is an assistant professor in American Studies at UT Austin, a co-founder of the Anti-Eviction Mapping Project, and an editor of the Radical Housing Journal. They are fighting the good fight. We hope you do too. This week’s image was made by Saronik Bosu for this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When it comes to complex social problems, us “sensible” types turn to the experts, but what if they don’t actually know what they’re talking about? That happens to be the case with many forensic experts. Blood spatter, ballistics, hand-writing analysis, fingerprints, etc. They aren’t Gods, they aren’t magicians, they ain’t anything like what you see on CSI. In fact, they get things terribly wrong; and when they do, the consequences can be catastrophic. We’ll reveal the crisis in forensic expertise, and look for ways to fix it, featuring the American lawyer falsely arrested for the 2004 Madrid bombings because of a fingerprint. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice (Cambridge UP, 2013), which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. This podcast will review both the first edition of the Encyclopedia of Transitional Justice and preview the second edition, forthcoming in March 2023. We explore new country entries, an expanded scope of formal and informal transitional justice and accountability mechanisms, and a broader range of civil society groups, informal organizations, national and international actors engaged in global transitional justice processes. Dr. Stan provides some comments on the evolution of the field of transitional justice over the past 25 years, hinting at some of the legal and normative shifts in the future. Cynthia M. Horne is a Professor of Political Science at Western Washington University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the 1960s and 1970s, the exposure of Big Tobacco’s aggressive lobbying and internal efforts to obscure science showcasing the harmful effects of smoking changed U.S. public opinion of the industry and of product safety protocols, both of which had largely obscured these harms from public view for decades. Public awareness grew, triggering regulation on disclosure related to political influencing strategies, marketing tactics, and transparency regarding the devastating toll of tobacco products on many communities, including and especially children. As similar approaches to assessing the public health impacts of Big Oil and Big Pharma, among other industries, have gained traction in recent decades, Dr. Mélissa Mialon’s new book, Big Food & Co (Thierry Souccar Editions, 2021), adds the amalgamation of multinationals and transnational supply chains that make up Big Food, to that list. Rising health inequities across race, class, and geography are subtle, yet central themes throughout Dr. Mialon’s meticulous accounting of a complex puzzle in which the marketing and distribution strategies of soft drink companies and ultra-processed food manufacturers are quietly but steadily ushering in a new globalized era of related public health crises – measured by increasing rates of of diabetes, cancers, and heart disease, etc– a crisis that has long been felt in the United States. Whether branding t-shirts and games at summer camps in France for underprivileged children or blanketing entire streets in Mauritius with the unmistakable bright red and white flag of Coca-Cola, Dr. Mialon describes a taxonomy of commercial determinants of health common to nearly every example – whether multinational food companies’ policy advocacy in Colombia, public-private partnerships in Brazil, or culturally responsive branding for holidays in Southern Africa. Between academic research and investigative journalism, the survey of trends in Big Food’s operation, marketing, and regulatory capture, offered throughout the book are additionally grounds for laying out a policy roadmap with public health indicators at the center of a wide range of potential reforms including campaign finance and heightened disclosure protocols for public-private partnerships to mitigating conflicts of interest in scientific studies related to food, agriculture, and health, among many others. Dr. Mélissa Mialon is Associate Professor at Trinity College Dublin, in Ireland. She is a food engineer with a PhD in nutrition and co-coordinates the « Governance, Ethics and Conflicts of Interest in Public Health » (GECI-PH) network, based out of the American University of Beirut in Lebanon. Her research focuses on commercial determinants of health, and particularly on the practices used by corporations to influence public health policy, research and practice. Anna Levy researches and teaches on emergency, crisis, and development practice & politics at Fordham & New York Universities. She is the founder and principal of Jafsadi.works, a research collective focused on advancing structural and participatory accountability in non-profit, movement, multilateral, city, and policy strategies. You can follow her @politicoyuntura. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Adrienne Buller (The Value of a Whale) and Mathew Lawrence (Planet on Fire) have penned a radical manifesto for the transformation of post-pandemic politics: Owning the Future: Power and Property in an Age of Crisis (Verso, 2022). The question of ownership is the critical fault line of our times. During the pandemic this issue has only become more divisive. Since March 2020 we have witnessed the extraordinary growth of asset manager capitalism and the explosive concentration of wealth within the hands of the already super-rich. This new oligarchy controls every part of our social and economics lives. In the face of crisis, the authors warn that mere redistribution within current forms of ownership is not enough; our goal must be to go beyond the limits of the current system, dominated by private enclosure and unequal ownership. Only by reimagining how our economy is owned and by whom can we address the crises of our time - from the fallout of the pandemic to ecological collapse - at their roots. Building from this insight, the authors argue the systemic change we need hinges on a new era of democratic ownership: a reinvention of the firm as a vehicle for collective endeavour and meeting social needs. Against the new oligarchy of the platform giants, a digital commons that uses our data for collective good, not private profit. In place of environmental devastation, a new agenda of decommodification - of both nature and needs - with a Green New Deal and collective stewardship of the planet’s natural wealth. Together, these proposals offer a road map to owning the future, and building a better world. Adrienne Buller is Director of Research at the UK-based think tank Common Wealth. Mathew Lawrence is Common Wealth's founder and director. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today’s Postscript (a special series that allows scholars to comment on pressing contemporary issues) focuses on the US Supreme Court and the Second Amendment. It is hard to exaggerate the extent to which the most recent term of the U.S. Supreme Court changed the substance of the laws Americans live by and the method by which the Court determines whether a law is unconstitutional. The Court upended 50 years of abortion jurisprudence, challenged laws that govern tribal sovereignty, and undercut the power of Congress to make and implement laws regarding climate change. The abortion ruling in Dobbs v. Jackson consumed much of the press coverage and public outrage but our podcast conversation focuses New York State Rifle & Pistol Association v. Bruen. The Supreme Court not only overturned a century-old statute regulating the concealed carrying of guns in public – it changed the rules for determining what is or is not protected by the US Constitution under the Second Amendment. The podcast engages the relationship between state gun policy and this new originalist methodology, the origins of so-called originalism in the 1980s, the role of secondary scholarship, Duke Center for Firearms Law searchable database’s role in providing evidence for legal claims, and whether analogical reasoning (or politics) have triumphed at the SCOTUS – and how to teach that to law students. Joseph Blocher, Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for the District of C in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller and his numerous influential law review articles are complemented by nuanced public facing scholarship. Andrew Willinger is the Executive Director of the Duke Center for Firearms Law at Duke University Law School – and now writes commentary for the Center’s Second Thoughts blog. He joined the Center in June 2022, after practicing as a litigation associate at Patterson Belknap Webb & Tyler in New York. At Patterson, Willinger litigated complex commercial disputes and false advertising and defamation cases. He previously clerked for Judge William L. Osteen, Jr. of the Middle District of North Carolina. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland (Brepols, 2022) offers a fresh look at the legal status of minorities in English Ireland. Through a detailed analysis of case studies gleaned from medieval court rolls, Stephen Hewer challenges the prevailing narrative of wholesale ethnic discrimination and presents a nuanced picture of intersectional identities, strategies of negotiation, and evolving tensions between legal principle and practice. The notion that all Gaelic peoples were immediately and ipso facto denied access to the English royal courts in Ireland, upon the advent of the English in 1167, has become so accepted in academic and popular histories of Ireland that it is no longer questioned. This book tackles this narrative of absolute ethnic discrimination in thirteenth- and early fourteenth-century English Ireland on the basis of a thorough re-examination of the Irish plea rolls. A forensic study of these records reveals a great deal of variation in how members of various ethnic groups and women who came before the royal courts in Ireland were treated. Specifically, it demonstrates the existence of a large, and hitherto scarcely noticed, population of Gaels with regular and unimpeded access to English law, identifiable as Gaelic either through explicit ethnic labelling in the records or implicitly through their naming practices. Dr. Margaret Smith is a historian of medieval Ireland and Research Assistant Professor of Digital Humanities in the IRIS Center at Southern Illinois University, Edwardsville. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do competing interests shape public policy? Why are the economic interests and priorities of lower-, working-, and middle-class Americans often neglected while the interests and priorities of wealthier Americans are often front and center for the U.S. Congress? Previous work in political science has highlighted income disparity or the importance of agenda setting but Hijacking the Agenda: Economic Power and Political Influence (Russell Sage Foundation, 2021) unpacks HOW business interests and wealthy individuals shape public policy to their benefit by “hijacking the agenda” away from the interests of average Americans. Witko, Morgan, Kelly, and Enns focus on the speech of elected representatives as recorded in the Congressional Record. Their remarkable Congressional Rhetoric Database codes speech from 1995 to 2016. Using an integrated, multi-method research design, they conclude that the interplay between two types of power – structural and kinetic – give wealthy interests considerable influence over the issues that receive congressional attention and explaining these patterns of issue attention over time is crucial for understanding disparate policy outcomes. In addition to a sophisticated quantitative analysis, the book provides three astute case studies (financial deregulation, re-regulation, and the minimum wage) and a general theory of politics and economic power. Hijacking the Agenda details how money – especially in the form of campaign contributions – affects which economic problems Congress believes to be important – and acts upon. Hijacking the Agenda is winner of the 2022 Gladys M. Kammerer Award from the American Political Science Association. Dr. Christopher Witko is professor of public policy and associate director of the School of Public Policy at Penn State, Drs. Jana Morgan and Nathan J. Kelly are professors of political science at the University of Tennessee, and Dr. Peter K. Enns is professor of public policy and political science at Cornell University. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It began with a smoke break. James Monsees and Adam Bowen were two ambitious graduate students at Stanford, and in between puffs after class they dreamed of a way to quit smoking. Their solution became the Juul, a sleek, modern device that could vaporize nicotine into a conveniently potent dosage. The company they built around that device, Juul Labs, would go on to become a $38 billion dollar company and draw blame for addicting a whole new generation of underage tobacco users. Time magazine reporter Jamie Ducharme follows Monsees and Bowen as they create Juul and, in the process, go from public health visionaries and Silicon Valley wunderkinds to two of the most controversial businessmen in the country. With rigorous reporting and clear-eyed prose that reads like a nonfiction thriller, Big Vape: The Incendiary Rise of Juul (Henry Holt, 2021) uses the dramatic rise of Juul to tell a larger story of big business, Big Tobacco, and the high cost of a product that was too good to be true. Jamie Ducharme is a correspondent at Time magazine, where she covers health and science. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides?: States As Laboratories of Constitutional Experimentation (Oxford UP, 2021), the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Probability and Forensic Evidence: Theory, Philosophy, and Applications (Cambridge UP, 2021), Ronald Meester and Klaas Slooten address the role of statistics and probability in the evaluation of forensic evidence, including both theoretical issues and applications in legal contexts. It discusses what evidence is and how it can be quantified, how it should be understood, and how it is applied (and, sometimes misapplied). Ronald Meester is Professor in probability theory at the Vrije Universiteit Amsterdam. He is co-author of the books Continuum Percolation (1996), A Natural Introduction to Probability Theory (2003), Random Networks for Communication (2008), and has written around 120 research papers on topics including percolation theory, ergodic theory, philosophy of science, and forensic probability. Klaas Slooten works as Statistician at the Netherlands Forensic Institute and at the Vrije Universiteit Amsterdam where he is Professor by special appointment. He as published around 30 articles on forensic probability and statistics. He is interested in the mathematical, legal, and philosophical evaluation of evidence. Marc Goulet is Professor in mathematics and Associate Dean in the College of Arts and Sciences at the University of Wisconsin-Eau Claire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On the morning of Thursday 29 June 1682, a magpie came rasping, rapping and tapping at the window of a prosperous Devon merchant. Frightened by its appearance, his servants and members of his family had, within a matter of hours, convinced themselves that the bird was an emissary of the devil sent by witches to destroy the fabric of their lives. As the result of these allegations, three women of Bideford came to be forever defined as witches. A Secretary of State brushed aside their case and condemned them to the gallows; to hang as the last group of women to be executed in England for the crime. Yet, the hatred of their neighbours endured. For Bideford, it was said, was a place of witches. Though 'pretty much worn away' the belief in witchcraft still lingered on for more than a century after their deaths. In turn, ignored, reviled, and extinguished but never more than half-forgotten, it seems that the memory of these three women - and of their deeds and sufferings, both real and imagined – was transformed from canker to regret, and from regret into celebration in our own age. Indeed, their example was cited during the final Parliamentary debates, in 1951, that saw the last of the witchcraft acts repealed, and their names were chanted, as both inspiration and incantation, by the women beyond the wire at Greenham Common. In The Last Witches of England: A Tragedy of Sorcery and Superstition (Bloomsbury, 2021), Dr. John Callow explores this remarkable reversal of fate, and the remarkable tale of the Bideford Witches. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common—they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state. With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism: Sovereignty, Secularism, and the State in Lebanon (Stanford UP, 2022) locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live. Maya Mikdashi is Associate Professor of Women's, Gender, and Sexuality Studies, and a Lecturer in the Middle East Studies Program at Rutgers University. Alize Arıcan is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, JOTSA, Radical Housing Journal, and entanglements. You can find her on Twitter @alizearican Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don't know: Until Thomas went to law school, he was a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In The Enigma of Clarence Thomas (Metropolitan Books, 2019), Corey Robin--one of the foremost analysts of the right--delves deeply into both Thomas's biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas's conservative views, Robin argues, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by this racism, and that the most African-Americans can hope for is that white people will get out of their way. There's a reason, Robin concludes, why liberals often complain that Thomas doesn't speak but seldom pay attention when he does. Were they to listen, they'd hear a racial pessimism that sounds shockingly similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today's political stalemate. Corey Robin is Distinguished Professor of Political Science at Brooklyn College and the CUNY Graduate Center. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller's study will only grow more relevant as time passes. "An engaging call to arms," (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy. Matt Stoller is the Director of Research at the American Economic Liberties Project. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Lisa Ford, Professor of History at the University of New South Wales, is the author of prize-winning monographs and a luminary in the field of global legal history. Her new book The King’s Peace: Law and Order in the British Empire (Harvard University Press, 2021) traces how a different kind of British empire emerged out of the global Age of Revolutions. The book’s case studies span the globe, illuminating how the gradual but unrelenting imposition of crown rule across the empire corroded the rights of British subjects, altered their relationship with sovereign power, and laid the foundations of the modern police state. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence, The King’s Peace offers important lessons on peacekeeping, sovereignty, and political subjectivity—lessons that can enrich contemporary debates over the imbalance between liberty and security. Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the Act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South. During the civil rights movement, it enabled the protection of black students who attended previously segregated educational institutions. Most recently, the Insurrection Act has been the vehicle for presidents to call upon federal troops to suppress so-called “race riots” like those in Los Angeles in 1992, and for them to threaten to do so in other cases of racial justice activism. Yet when the US Capitol was stormed in January 2021, the impulse to restore law and order and counter insurrectionary threats to the republic lay dormant. Allan’s distinctly literary voice underscores her paradigm-shifting reflections on the presence of fear and silence in history and their shadowy impact on the law. Throughout, she draws revealing insight from her own experiences as one of the only black girls in her leafy Long Island suburb, as a black lawyer at a predominantly white firm during a visit from presidential candidate Barack Obama, and as a thinker about the use and misuse of appeals to law and order. Elegant and profound, deeply researched and intensely felt, Insurrection: Rebellion, Civil Rights, and the Paradoxical State of Black Citizenship (Norton, 2022) is necessary reading in our reckoning with structural racism, government power, and protest in the United States. Brittney Edmonds is an Assistant Professor of Afro-American Studies at UW-Madison. I specialize in 20th and 21st century African American Literature and Culture with a special interest in Black Humor Studies. Read more about my work at brittneymichelleedmonds.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people. Providing examples from different states, government agencies, and court cases, Prof. Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Prof. Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether? In this thought-provoking and original volume, Sex Is as Sex Does: Governing Transgender Identity (NYU Press, 2022) reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large. Ultimately, Paisley Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them. Paisley Currah is Professor of Political Science and Women’s & Gender Studies at Brooklyn College and the Graduate Center of the City University of New York. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on genocide prevention. The Association, founded in 1994, meets regularly to consider comparative research, important new work, case studies, the links between genocide and other human rights violations, and prevention and punishment of genocide. The Association holds biennial conferences and co-publishes the scholarly journal Genocide Studies and Prevention. Melanie O’Brien is Associate Professor of International Law at the UWA Law School, University of Western Australia. Dr. O'Brien's work on forced marriage has been cited by the International Criminal Court, and she has been an amicus curiae before the ICC. She has been an expert consultant for multiple UN bodies, and is widely consulted by global media for her expertise on international criminal law. She has conducted fieldwork and research across six continents. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedom (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom’s rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom’ that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history. Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode from the Institute’s Vault, Samantha Power describes how Hannah Arendt influenced her thinking about politics and human rights. Power spoke during a two day symposium-- “Hannah Arendt Right Now”--which explored the philosopher’s impact on the 21st Century. The 2006 event was held on the hundredth anniversary of Arendt’s birth. Samantha Power was Barack Obama’s human rights adviser, and then served as the US Ambassador to the United Nations. She is the author of several books, including A Problem From Hell: America and the Age of Genocide, which won the 2003 Pulitzer prize. She is a professor of practice at Harvard’s Law School and Kennedy School. In the second half of the episode, Azar Nafisi responds to Power. Nafisi is best known for her 2003 book, Reading Lolita in Tehran: A Memoir in Books. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The protests of summer 2020 led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom (Johns Hopkins University Press, 2022) considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Michael Bérubé (interviewed here) is Edwin Erle Sparks Professor of Literature at Pennsylvania State University; Jennifer Ruth is a professor of film at Portland State University. Both have served in various roles within the American Association of University Professors, and also coauthored The Humanities, Higher Education, and Academic Freedom: Three Necessary Arguments (2015). Catriona Gold is a PhD candidate in Geography at University College London, researching security and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Before Darts and Letters there was a documentary series called Cited. This is one of those documentaries. This episode is about the lives of sex offenders in the USA. The researcher in this story, Chris Drum actually went and lived with sex offenders, so it’s a fascinating insight into life with some of the most reviled people in the country. This is the last of our “ideas in strange places” theme, next week our theme is “politics of education”, and we’ll be running episodes from our catalogue with a different theme each week until we launch the new season of Darts and Letters on September 18th. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ———-CREDITS———- This piece was produced by Gordon Katic and edited by Sam Fenn, as well as Alison Cooke of the CBC. Further support from Alexander B. Kim. Research advising from University of Washington Sociologist Katherine Beckett. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
I can point you to mountains of research about prisons. I can also recommend at least a dozen Netflix documentaries, and highlight a handful of radical activists and scholars. There’s a lot of intellectual work done about prison. But what about intellectual work done in prison? As part of this week’s “ideas in strange places” theme, we want to play you this episode from right near when we started Darts and Letters, where we ask what kind of radical thought can come from the extreme oppression prisoners endure. We’ll be back with brand new episodes on September 18th, until then we’re replaying the best of our catalogue with a different theme each week. In Prison Notebooks…
First, in the opening essay, host Gordon Katic discusses the long history of radical prison writing. From Thoreau to Gramsci, MLK, Oscar Wilde, Eugene Debs, Emma Goldman, and even Wittgenstein.
Next (@5:36), Chandra Bozelko served 6 years, three months, and 11 days in a women’s prison in Connecticut. While inside, she started an award-winning newspaper column. She tells us what writing did for her while inside, and what everyday prison intellectualism really looks like.
Then (@42:30), Justin Piché edits one of the most amazing academic journals you will ever come across. It’s called the Journal of Prisoners on Prisons. It has been around for over thirty years. In each and every edition, you will see brilliant scholarly work—it just so happens that this work is written by prisoners themselves.
—————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. —————————-CONTACT US————————- To stay up to date, follow us on Twitter and Instagram. If you’d like to write us, email darts@citedmedia.ca or tweet Gordon directly. —————————-CREDITS—————————- This episode of Darts and Letters was produced by Jay Cockburn. Research and support from David Moscrop and Addye Susnick. Our theme song and music was created by Mike Barber, and our graphic design was created by Dakota Koop. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side. At once enlightening and devastating, The Border Within: The Economics of Immigration in an Age of Fear (U Chicago Press, 2021) examines the costs and ends of America's interior enforcement--the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.d News coverage has prompted many to question the humanity of American immigration policies; The Border Within opens a conversation of whether it is effective. The United States spends billions each year on detention and deportation, all without economic gain and at a great human cost. With depth and discipline, the authors dissect the shock-and-awe policies that make up a broken, often cruel system, while illuminating the lives caught in the chaos. It is an essential work with far-reaching implications for immigrants and non-immigrants alike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In times of heightened national security, scholars and activists from the communities under suspicion often attempt to alert the public to the more complex stories behind the headlines. But when they raise questions about the government, military and police policy, these individuals are routinely shut down and accused of being terrorist sympathizers or apologists. In such environments, there is immense pressure to condemn what society at large fears. I Refuse to Condemn: Resisting Racism in Times of National Security (Manchester University Press, 2021) explains how the expectation to condemn has emerged, tracking it against the normalization of racism, and explores how writers manage to subvert expectations as part of their commitment to anti-racism. In my conversation with the collection’s editor, Asim Qureshi, Research Director of CAGE, an independent advocacy organization, we discuss the culture of condemnation and the presumption of guilt, its psychological and physiological impacts, issues of trauma, white supremacy and racism as a system of power, structural racism’s relationship to national security, Prevent and countering violent extremism programs, cultural representation, the role of artists and performers, the afterlife of one’s work or art, and advocacy to dismantle anti-Muslim racism. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Willem Bart de Lint's Blurring Intelligence Crime: A Critical Forensics (Springer, 2022) explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this problem, the book introduces the concepts 'intelligence crime' and 'critical forensics.' It also reviews as an exemplar of this phenomenon 'apex crime, ' a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias. Chapters feature case study analysis of a selection of familiar, high profile crimes in which the motives and actions of security or intelligence actors are considered as blurred or smeared depending on their interconnection in transactional political events, or according to friend/enemy status. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From one of the leading intellectuals of the digital age, The Digital Republic: On Freedom and Democracy in the 21st Century (Pegasus Books, 2022) is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? A Financial Times “Book to Read” in 2022. Not long ago, the tech industry was widely admired, and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly. The Digital Republic charts a new course. It offers a plan for the digital age: new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand. Jamie Susskind is a barrister and the author of the award-winning bestseller Future Politics: Living Together in a World Transformed by Tech (Oxford University Press, 2018), which received the Estoril Global Issues Distinguished Book Prize 2019, and was an Evening Standard and Prospect Book of the Year. He has fellowships at Harvard and Cambridge and currently lives in London. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. In Menstruation Matters: Challenging the Law’s Silence on Periods (NYU Press, 2022), Dr. Bridget Crawford and Dr. Emily Gold Waldman explore the role of law in this movement. They ask what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. The book examines these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The last few years have brought to the fore the brilliant work of scientists as they worked to find a vaccine for Covid-19. But have you ever stopped to think about the role of biological materials in this and other science- and health-related research? In this episode of SSEAC Stories, Dr Natali Pearson is joined by Associate Professor Sonja van Wichelen to take a close look at the complex world of global health governance, with a particular focus on biotechnology and bioscience governance in Indonesia. They discuss the crucial role of biological materials exchange for scientific research, what rules govern their use, and the history of inequality that has underpinned scientific use of biological materials. Taking Indonesia’s recent efforts to gain leverage in the uneven space of the global bioeconomy, they explore how bioscience governance mechanisms can perpetuate, or sometimes help address, global power inequalities in the way biological material is used. About Sonja van Wichelen: Sonja van Wichelen is Associate Professor with the School for Social and Political Sciences at the University of Sydney. She researches the social implications of biotechnology and law and has focused on reproductive technologies in previous projects. More recently she is examining bioscience governance in Southeast Asia. Focusing on Indonesia, she is particularly interested in the relationship between regulatory frameworks and global inequality. She is the author of Legitimating Life: Adoption in the Age of Globalization and Biotechnology (Rutgers University Press, 2019), and Religion, Gender, and Politics in Indonesia: Disputing the Muslim Body (Routledge, 2010). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Adam Hanna’s Poetry, Politics, and the Law in Modern Ireland (Syracuse University Press, 2022) is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions. Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this volume is the first in the growing field of law and literature to monograph exclusively on modern Ireland. Dr. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats. Poetry from the time of independence onward has been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Dr. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book, Promoting Justice Across Borders: The Ethics of Reform Intervention (Oxford UP, 2021) political scientist Lucia M. Rafanelli develops an ethical theory of global reform intervention, arguing that new theories are necessary as increasing global interconnection continues and expands around the world. Rafanelli classifies global reform intervention as any attempt to promote justice in a society other than one’s own. This loose definition means that there are several variations of these actions: the degree of control held by the interveners; how interveners interact with recipients; existing political institutions; the context surrounding the action, and the risks intervention poses to the recipients of that intervention. Promoting Justice Across Borders argues that there are components within these dimensions that pollute the moral permissibility of reform intervention. Once the malleability of these actions becomes evident, it also becomes clear that there are ethical ways to go about (and not go about) such an action. When studying examples of reform interventions, it is clear that there are some interveners who disrespect and essentially ignore the recipients and treat them with intolerance. But not all interveners treat recipients this way, many treat the recipients of intervention with respect for the legitimate political institutions, working to establish collective self-determination, thus providing a blueprint for moral action. It is through these particular examples that Rafanelli creates an ethical framework through which reform intervention is analyzed with the goal of global justice. Promoting Justice Across Borders combines philosophical analysis of justice and morality with a case-by-case investigation of real-life events, in an attempt to identify which kinds of reform intervention are not subject to ethical objection. The analysis redefines the ordinary boundaries of global politics with the values of toleration, legitimacy, and collective self-determination. Rafanelli explains how vital it is for interveners to avoid subjecting recipients to neocolonial power dynamics or making their institutions more responsive to the intervener’s interests at the expense of the recipient’s interests in order to maintain this framework of global collectivism. A qualification of reform intervention is not to undermine the self-determination of the recipients; in fact, it may bolster it and re-affirm the recipient’s independence in the name of justice. Promoting such justice, unfortunately, takes place in a non-ideal world, and Rafanelli discusses how these theories can be put into practice in this context. To prevent negative consequences from the most well-principled interventions, diverse global oversight of such actions is an important component of the process, as well as ensuring that interveners favor interventions where they exert less rather than more control over recipients. Priority must be given to interventions that challenge current and historical power hierarchies. Humanity’s collective purpose of pursuing justice can be reshaped and better applied according to the analysis in Promoting Justice Across Borders, but the approach and process needs to be reconfigured to avoid reinscribing past problematic applications of these reform interventions. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination (Cambridge UP, 2021) draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena. Leila Neti is an associate professor of English at Occidental College, Los Angeles. Gargi Binju is a researcher at the University of Tübingen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Opportunity Trap: High-Skilled Workers, Indian Families, and the Failures of the Dependent Visa Program (NYU Press, 2022) is the first book to look at the impact of the H-4 dependent visa programs on women and men visa holders in Indian families in America. Comparing two distinct groups of Indian immigrant families -families of male high-tech workers and female nurses-Pallavi Banerjee reveals how visa policies that are legally gender and race neutral in fact have gendered and racialized ramifications for visa holders and their spouses. Drawing on interviews with fifty-five Indian couples, Banerjee highlights the experiences of high-skilled immigrants as they struggle to cope with visa laws, which forbid their spouses from working paid jobs. She examines how these unfair restrictions destabilize-if not completely dismantle-families, who often break under this marital, financial, and emotional stress. Banerjee shows us, through the eyes of immigrants themselves, how the visa process strips them of their rights, forcing them to depend on their spouses and the government in fundamentally challenging ways. The Opportunity Trap provides a critical look at our visa system, underscoring how it fails immigrant families. Lakshita Malik is a doctoral student in the department of Anthropology at the University of Illinois at Chicago. Her work focuses on questions of intimacies, class, gender, and beauty in South Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Carl Hart speaks with Kim about America’s punitive drug laws, and how we might change them for the better. He argues that we should legalize and regulate the sale of all drugs, in the same way we regulate the sale of alcohol, to improve the health, equity, and liberty of our society. Dr. Hart is a professor of behavioral neuroscience in the Department of Psychology at Columbia University. You can learn how his scientific research in Neuropsychopharmacology relates to the politics of human experience in his new book Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear (Penguin Random House 2021). Image: Creative Commons Music used for promotional material: ‘A Better Tomorrow’ by astrofreq Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Institutional Sexual Abuse in the #metoo Era (Southern Illinois UP, 2021), editors Jason D. Spraitz and Kendra N. Bowen bring together the work of contributors in the fields of criminal justice and criminology, sociology, journalism, and communications. These chapters show #MeToo is not only a support network of victims’ voices and testimonies but also a revolutionary interrogation of policies, power imbalances, and ethical failures that resulted in decades-long cover-ups and institutions structured to ensure continued abuse. This book reveals #MeToo as so much more than a hashtag. Contributors discuss how #MeToo has altered the landscape of higher education; detail a political history of sexual abuse in the United States and the UK; discuss a recent grand jury report about religious institutions; and address the foster care and correctional systems. Hollywood instances are noted for their fear of retaliation among victims and continued accolades for alleged abusers. In sports, contributors examine the Jerry Sandusky scandal and the abuse by Larry Nassar. Advertising and journalism are scrutinized for covering the #MeToo disclosures while dealing with their own scandals. Finally, social media platforms are investigated for harassment and threats of violent victimization. Drawing on the general framework of the #MeToo Movement, contributors look at complex and very different institutions—athletics, academia, religion, politics, justice, childcare, social media, and entertainment. Contributors include revelatory case studies to ensure we hear the victims’ voices; bring to light the complicity and negligence of social institutions; and advocate for systemic solutions to institutional sexual abuse, violence, and harassment. Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, Ports, Crime and Security: Governing and Policing Seaports in a Changing World (Bristol UP, 2021) presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The civil war in Yemen has going on since 2014. Noria al-Hossini, Communications Director of Mwatana for Human Rights, discusses the war and the numerous human right violations that have occurred and are occurring in it. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode of the New Books in Latin America Studies podcast, Kenneth Sánchez spoke with Dr Francesca Lessa about her interesting new book The Condor Trials: Transnational Repression and Human Rights in South America published in 2022 by the Yale University Press. Stories of transnational terror and justice illuminate the past and present of South America's struggles for human rights. Through the voices of survivors and witnesses, human rights activists, judicial actors, journalists, and historians, Francesca Lessa unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, their violent and oppressive regimes kidnapped, tortured, and murdered hundreds of exiles, or forcibly returned them to the countries from which they had fled. South America became a zone of terror for those who were targeted, and of impunity for those who perpetuated the violence. Lessa shows how networks of justice seekers gradually materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over one-hundred interviews, The Condor Trials explores South America's past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts. Dr Francesca Lessa is a lecturer in Latin American studies and development at the University of Oxford. She is also the author of Memory and Transitional Justice in Argentina and Uruguay and is an honorary president of the Observatorio Luz Ibarburu (Uruguay), a network of human rights NGOs devoted to the fight against impunity in that country. Kenneth Sanchez is a Peruvian journalist and a multi-platform content curator for the Peruvian media outlet Comité de Lectura. He is a host of the New Books in Latin American Studies podcast and the movies & entertainment podcast Segundo Plano. He holds a master’s degree in Latin American Politics from University College London (UCL), is a Centre for Investigative Journalism masterclass alumni and is part of the 6th generation of Young Journalists of #LaRedLatam of Distintas Latitudes. He has won several awards, including the prestigious Amnesty Media Award given out by Amnesty International UK. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With me on today’s show is Professor Elizabeth Anker, whose most recent book, Ugly Freedoms (Duke UP, 2022), works to understand how the idea of freedom, seemingly so fundamental to our understanding of the American experience, is often the very concept that allows for the brutal deprivation of the freedom of others. As she writes, “ugly freedom entails a dynamic in which practices of freedom produce harm, brutality, and subjugation as freedom.” Today we will be discussing Professor Anker’s theory of ugly freedom in the context of our unending crisis of gun violence in the United States. This show’s topic feels as essential as any that I have offered thus far. I hope you will find something hopeful in our conversation. Chris Holmes is Chair of Literatures in English and Associate Professor at Ithaca College. He writes criticism on contemporary global literatures. His book, Kazuo Ishiguro as World Literature, is under contract with Bloomsbury Publishing. He is the co-director of The New Voices Festival, a celebration of work in poetry, prose, and playwriting by up-and-coming young writers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Jewish Internationalism and Human Rights after the Holocaust (Cambridge UP, 2020), Nathan A. Kurz charts the fraught relationship between Jewish internationalism and international rights protection in the second half of the twentieth century. For nearly a century, Jewish lawyers and advocacy groups in Western Europe and the United States had pioneered forms of international rights protection, tying the defense of Jews to norms and rules that aspired to curb the worst behavior of rapacious nation-states. In the wake of the Holocaust and the creation of the State of Israel, however, Jewish activists discovered they could no longer promote the same norms, laws, and innovations without fear they could soon apply to the Jewish state. Using previously unexamined sources, Nathan Kurz examines the transformation of Jewish internationalism from an effort to constrain the power of nation-states to one focused on cementing Israel's legitimacy and its status as a haven for refugees from across the Jewish diaspora. Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies, Ukrainian Studies, and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. In Shari'a, Inshallah: Finding God in Somali Legal Politics (Cambridge UP, 2021), Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law. Mark Fathi Massoud is professor of politics and legal studies at UC Santa Cruz, where he directs the Legal Studies Program and serves as affiliated faculty with the Center for the Middle East and North Africa. Massoud also holds an appointment as a Visiting Professor at the University of Oxford. Sara Katz is a Postdoctoral Associate in the History Department at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lori Allen’s A History of False Hope: Investigative Commissions in Palestine (Stanford UP, 2020) is a deep engagement with Palestinian political history through an examination of international commissions. Over twenty commissions established over the last century have investigated political violence and human rights violations in the context of Palestine and Palestinians’ rights, yet there has also been very little material change resulting from these commissions. These commissions, Allen argues, operate as technologies of liberal global governance and do not bring justice to Palestinians. However—as her archival and ethnographic research shows, in a deep exploration of three such commissions—Palestinians continue to demand rights and recognition, even in the face of limited outcomes. A History of False Hope therefore serves as an exploration of the characters, motivations, and politics involved in Palestinians’ efforts to assert their rights—and colonial authorities’ and international organizations’ responses to Palestinians’ fights to for their rights—within the framework of international human rights. A History of False Hope is available through Stanford University Press. Lori Allen is a Reader in Anthropology (Near and Middle East) at SOAS, University of London. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Despite her famous pseudonym, "Jane Roe," no one knows the truth about Norma McCorvey (1947-2017), whose unwanted pregnancy in 1969 opened a great fracture in American life. Journalist Joshua Prager spent hundreds of hours with Norma, discovered her personal papers--a previously unseen trove--and witnessed her final moments. The Family Roe: An American Story (W. W. Norton, 2021) presents her life in full. Propelled by the crosscurrents of sex and religion, gender and class, it is a life that tells the story of abortion in America. Prager begins that story on the banks of Louisiana's Atchafalaya River where Norma was born, and where unplanned pregnancies upended generations of her forebears. A pregnancy then upended Norma's life too, and the Dallas waitress became Jane Roe. Drawing on a decade of research, Prager reveals the woman behind the pseudonym, writing in novelistic detail of her unknown life from her time as a sex worker in Dallas, to her private thoughts on family and abortion, to her dealings with feminist and Christian leaders, to the three daughters she placed for adoption. Prager found those women, including the youngest--Baby Roe--now fifty years old. She shares her story in The Family Roe for the first time, from her tortured interactions with her birth mother, to her emotional first meeting with her sisters, to the burden that was uniquely hers from conception. The Family Roe abounds in such revelations--not only about Norma and her children but about the broader "family" connected to the case. Prager tells the stories of activists and bystanders alike whose lives intertwined with Roe. In particular, he introduces three figures as important as they are unknown: feminist lawyer Linda Coffee, who filed the original Texas lawsuit yet now lives in obscurity; Curtis Boyd, a former fundamentalist Christian, today a leading provider of third-trimester abortions; and Mildred Jefferson, the first black female Harvard Medical School graduate, who became a pro-life leader with great secrets. An epic work spanning fifty years of American history, The Family Roe will change the way you think about our enduring American divide: the right to choose or the right to life. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mikaela Rabinowitz’s Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice (Routledge, 2021) addresses an understudied fairness flaw in the US criminal justice system: namely, the significant impact of pretrial detention on the millions of Americans held in local jails. On any given day, approximately 500,000 Americans are held in pretrial detention in US jails—not because they are a flight risk, but because they cannot pay for bail or a bail bond. Impacting disproportionally Black and poor individuals, Rabinowitz highlights how pretrial detention is at odds with juridical notions of fairness, effectively punishing Americans before guilt or innocence is ever explored in court. Using a mixed-methods approach, Rabinowitz argues that pretrial detention undermines both the presumption and the meaning of innocence in the American criminal justice system. Incarceration without Conviction is available through Routledge. Mikaela Rabinowitz is Director of Data, Research, and Analytics at the San Francisco District Attorney’s Office. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As the United States began the project of mass incarceration, rural communities turned to building prisons as a strategy for economic development. More than 350 prisons have been built in the U.S. since 1980, with certain regions of the country accounting for large shares of this dramatic growth. Central Appalachia is one such region there are eight prisons alone in Eastern Kentucky. If Kentucky were its own country, it would have the seventh highest incarceration rate in the world. In Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia (NYU Press, 2022), Judah Schept takes a closer look at this stunning phenomenon, providing insight into prison growth, jail expansion and rising incarceration rates in America’s hinterlands. Judah Schept is Professor of Justice Studies at Eastern Kentucky University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of qualified immunity when they shoot or brutalize an innocent civilian. Qualified immunity is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies (Oxford UP, 2021), history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights. While doctrines such as qualified immunity may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place. A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter: Protecting Democracies from Information Warfare (Stanford UP, 2022) is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system―if implemented by legislation in the United States―would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy.
Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube Channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What impact has two decades' worth of policing and counterterrorism had on the state of mind of Muslims in Britain? In The Suspect: Counterterrorism, Islam, and the Security State (Pluto Press, 2022), Rizwaan Sabir writes compellingly about his own experiences of wrongful arrest, detention and subsequent surveillance, placing these in the broader context of 21st century British counterterrorism practices and the policing of Muslims. Writing publicly for the first time about the traumatising mental health effects of these experiences, Sabir argues that these harmful outcomes are not the result of errors in government planning, but the consequences of using a counterinsurgency warfare approach to fight terrorism and police Muslims. To resist the injustice of these policies and practices, we need to centre the lived experiences of those subjected to them and build networks of solidarity and support. Dr Rizwaan Sabir (@RizwaanSabir) is a Lecturer (aka Assistant Professor) in Criminology at Liverpool John Moores University. His research concerns British counterterrorism policy and practice, especially the way in which counterinsurgency theory, doctrine, and practice have been integrated into the UK's domestic 'War on Terror' infrastructure. Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Listeners interested in British policing and surveillance may also appreciate this recent interview about Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022). Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Guns hold a complex place in American culture. Over 30,000 Americans die each year from gun violence, and guns are intimately connected to issues of public health, as is evident whenever a mass shooting occurs. But guns also play an important role in many Americans’ lives that is not reducible to violence and death—as tools, sporting equipment, and identity markers. They are also central to debates about constitutional rights, as seen in ongoing discussions about the Second Amendment, and they are a continuous source of legislative concern, as apparent in annual ratings of gun-supporting legislators. Even as guns are wrapped up with other crucial areas of concern, they are also fundamentally a rhetorical concern. Guns and gun violence occupy a unique rhetorical space in the United States, one characterized by silent majorities, like most gun owners; vocal minorities, like the firearm industry and gun lobby; and a stalemate that fails to stem the flood of the dead. How Americans talk, deliberate, and fight about guns is vital to how guns are marketed, used, and regulated. A better understanding of the rhetorics of guns and gun violence can help Americans make better arguments about them in the world. However, where guns are concerned, rhetorical studies is not terribly different from American culture more generally. Guns are ever-present and exercise powerful effects, but they are commonly talked about in oblique, unsystematic ways. Rhetoric and Guns (Utah State UP, 2022) advances more direct, systematic engagement in the field and beyond by analyzing rhetoric about guns, guns in rhetoric, and guns as rhetoric, particularly as they relate to specific instances of guns in culture. The authors attempt to understand rhetoric’s relationship to guns by analyzing rhetoric about guns and how they function in and as rhetoric related to specific instances—in media coverage, political speech, marketing, and advertising. Original chapters from scholars in rhetorical studies, communication, education, and related fields elucidate how rhetoric is used to maintain and challenge the deadly status quo of gun violence in the United States and extend rhetoricians’ sustained interest in the fields’ relationships to violence, brutality, and atrocity. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Female Genius: Eliza Harriot and George Washington at the Dawn of the Constitution (U Virginia Press, 2022), Mary Sarah Bilder looks to the 1780s—the Age of the Constitution—to investigate the rise of a radical new idea in the English-speaking world: female genius. Bilder finds the perfect exemplar of this phenomenon in English-born Eliza Harriot Barons O’Connor. This pathbreaking female educator delivered a University of Pennsylvania lecture attended by George Washington as he and other Constitutional Convention delegates gathered in Philadelphia. As the first such public female lecturer, her courageous performance likely inspired the gender-neutral language of the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Machine Learning for Criminology and Crime Research: At the Crossroads (Routledge, 2022) reviews the roots of the intersection between machine learning, artificial intelligence (AI), and research on crime; examines the current state of the art in this area of scholarly inquiry; and discusses future perspectives that may emerge from this relationship. As machine learning and AI approaches become increasingly pervasive, it is critical for criminology and crime research to reflect on the ways in which these paradigms could reshape the study of crime. In response, this book seeks to stimulate this discussion. The opening part is framed through a historical lens, with the first chapter dedicated to the origins of the relationship between AI and research on crime, refuting the novelty narrative that often surrounds this debate. The second presents a compact overview of the history of AI, further providing a nontechnical primer on machine learning. The following chapter reviews some of the most important trends in computational criminology and quantitatively characterizing publication patterns at the intersection of AI and criminology, through a network science approach. This book also looks to the future, proposing two goals and four pathways to increase the positive societal impact of algorithmic systems in research on crime. The sixth chapter provides a survey of the methods emerging from the integration of machine learning and causal inference, showcasing their promise for answering a range of critical questions. With its transdisciplinary approach, Machine Learning for Criminology and Crime Research is important reading for scholars and students in criminology, criminal justice, sociology, and economics, as well as AI, data sciences and statistics, and computer science. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. Separating Church and State: A History (Cornell UP, 2022) traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Steven K. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts. Lane Davis is an Instructor of Religion at Huntingdon College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Menachem Kaiser's book Plunder: A Memoir of Family Property and Nazi Treasure (Mariner Books, 2021) is set in motion when the author takes up his Holocaust-survivor grandfather's former battle to reclaim the family's apartment building in Sosnowiec, Poland. Soon, he is on a circuitous path to encounters with the long-time residents of the building, and with a Polish lawyer known as "The Killer." A surprise discovery--that his grandfather's cousin not only survived the war, but wrote a secret memoir while a slave laborer in a vast, secret Nazi tunnel complex--leads to Kaiser being adopted as a virtual celebrity by a band of Silesian treasure seekers who revere the memoir as the indispensable guidebook to Nazi plunder. Propelled by rich original research, Kaiser immerses readers in profound questions that reach far beyond his personal quest. What does it mean to seize your own legacy? Can reclaimed property repair rifts among the living? Plunder is both a deeply immersive adventure story and an irreverent, daring interrogation of inheritance--material, spiritual, familial, and emotional. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
By 1990 the Berlin Wall had fallen and the East German state security service folded. For forty years, they had amassed more than a billion pages in manila files detailing the lives of their citizens. Almost a hundred thousand Stasi employees, many of them experienced officers with access to highly personal information, found themselves unemployed overnight. Ralph Hope’s The Grey Men: Pursuing the Stasi Into the Present (Oneworld, 2022) is the story of what they did next. Former FBI agent Ralph Hope uses present-day sources and access to Stasi records to track and expose ex-officers working everywhere from the Russian energy sector to the police and even the government department tasked with prosecuting Stasi crimes. He examines why the key players have never been called to account and, in doing so, asks if we have really learned from the past at all. He highlights a man who continued to fight the Stasi for thirty years after the Wall fell, and reveals a truth that many today don't want spoken. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Most existing literature regarding civil-military relations in the United States references either the Cold War or post-Cold War era, leaving a significant gap in understanding as our political landscape rapidly changes. Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War (Oxford UP, 2020) builds upon our current perception of civil-military relations, filling in this gap and providing contemporary understanding of these concepts. The authors examine modern factors such as increasing partisanship and political division, evolving technology, new dynamics of armed conflict, and the breakdown of conventional democratic and civil-military norms, focusing on the multifaceted ways they affect civil-military relations and American society as a whole. Lionel Beehner, Risa Brooks, and Daniel Maurer, serving as both editors of the volume and authors themselves, recruited contributing authors who come from a diversity of backgrounds, many of whom have served in the military, or in the foreign service, have worked as policy makers, and many who have held academic appointments in security studies, war studies, and at the military academies as well as at civilian institutions. Reconsidering American Civil-Military Relations helps to define and examine the roles and responsibilities of the military, civilian leadership, and the public, centering the sections of the book around these definitions, then delving deeper into the intricacies of their relations within the chapters in each section of the book. The first section of the book analyzes the military’s roles and responsibilities, focusing on limits of the military’s political activity as well as long-standing conventions and norms of professionalism that are part of the old Cold War structures. The second section explores the civilian side of the civil-military equation, particularly the role of the soldier, both as a member of society and a member of the military. This section also explores the marginalization of civilian voices in military policy making and factors that may contribute to that marginalization. The third section focuses on the relationship between society and the military, exploring societal attitudes toward the military and identifying how trends in partisanship and polarization are challenging civil-military relations. The fourth and final section of this volume examines the fragility and erratically fluid nature of our current historical moment, and how challenges in civil-military relations can arise from the changing realities of war, armed conflict, and domestic political dynamics. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Cannabis "legalization" hasn't lived up to the hype. Across North America, investors are reeling, tax collections are below projections, and people are pointing fingers. On the business side, companies have shut down, farms have failed, workers have lost their jobs, and consumers face high prices. Why has legal weed failed to deliver on many of its promises? Can Legal Weed Win?: The Blunt Realities of Cannabis Economics (U California Press, 2022) takes on the euphoric claims with straight dope and a full dose of economic reality. This book delivers the unadulterated facts about the new legal segment of one of the world's oldest industries. In witty, accessible prose, economists Robin Goldstein and Daniel Sumner take readers on a whirlwind tour of the economic past, present, and future of legal and illegal weed. Drawing upon reams of data and their own experience working with California cannabis regulators since 2016, Goldstein and Sumner explain why many cannabis businesses and some aspects of legalization fail to measure up, while others occasionally get it right. Their stories stretch from before America's first medical weed dispensaries opened in 1996 through the short-term boom in legal consumption that happened during COVID-19 lockdowns. Can Legal Weed Win? is packed with unexpected insights about how cannabis markets can thrive, how regulators get the laws right or wrong, and what might happen to legal and illegal markets going forward. Robin Goldstein is an economist and author of The Wine Trials, a controversial exposé of wine snobbery that has become the world’s best-selling guide to cheap wine. Daniel Sumner is Frank H Buck, Jr. Distinguished Professor of Agriculture and Resource Economics at the University of California, Davis. Together they take readers on a tour of the economics of legal and illegal weed, showing where cannabis regulation has gone wrong and how it could do better. John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Knowledge Regulation and National Security in Postwar America (University of Chicago Press, 2022) is the first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Dr. Mario Daniels and Dr. John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. They argue that every single day beginning in the 1940s, US export controls have intervened in the global sharing of scientific-technological knowledge. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge UP, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 202) Twitter: @DrBrandonJett1 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance (Cambridge UP, 2021) shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties. Audrey L. Comstock is an Assistant Professor of Political Science in the School of Social and Behavioral Sciences at Arizona State University and Interim Director of the ASU Global Human Rights Hub. She received a PhD in Government from Cornell University. Her research focuses on the United Nations, international human rights law, negotiations, women's rights, and sexual exploitation and abuse. Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this groundbreaking work, Professor Brandon T. Jett unearths how police departments evolved with the urbanization of the Jim Crow South, to target African Americans through a variety of mechanisms of control and violence, such as violent interactions, unjust arrests, and the enforcement of segregation laws and customs. Race, Crime, and Policing in the Jim Crow South, published by Louisiana State University in July 2021, provides explanation and context to show the way that modern institution of policing in the United States has evolved from, but clings to historical patterns and attitudes that situate African Americans in positions of relative vulnerability in their interactions with police. Still, what surprises in Jett's work is the way that Black residents co-operated and even manipulated the police in aid of crime reduction and to extract services in the urban spaces that they lived. Vivid examples and rich detail provides the reader with a thorough understanding of criminal justice and the way that policing reinforced segregation during the Jim Crow era. Brandon T. Jett is a professor of history at Florida South Western State College. In 2017, he was awarded a William Nelson Cromwell Foundation Early Career Scholar Fellowship. You can listen to him host on New Books in The American South. Race, Crime Policing in the Jim Crow South was the Silver Medal Winner of the Florida Book Award in 2021. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Leading up to Mayday, the nationwide Day of Refusal, and Abolition May, Saronik talks with Sean Gordon about abolition as an historical movement to end the transatlantic slave trade and a transformative justice movement to abolish prisons and defund the police. The episode focuses on the relationship between absence and presence, destruction and reconstruction, in abolitionist narratives and thought, and makes reference to Angela Davis’s Abolition Democracy: Beyond Empire, Prisons, and Torture (2005), Mariame Kaba’s We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (2021), Tiffany Lethabo King’s The Black Shoals: Offshore Formations of Black and Native Studies (2019), and works by W. E. B. Du Bois, Ruth Wilson Gilmore, Frank Wilderson, and Jared Sexton. There is no doubt that abolition will save the world. Sean recently finished his PhD in English and American Studies at the University of Massachusetts Amherst. His research and teaching focus on nineteenth-century American literature, abolition, and the environmental humanities. You can visit the We Do This ‘Til We Free Us publisher’s website to donate copies of the book to people who are incarcerated. Image: “A is for Abolition”, one in the series titled Collidescopes by Julia Bernier Music used in promotional material: “Heartbeat” by ykymr Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In China and the International Human Rights Regime (Cambridge University Press, 2021), Rana Siu Inboden examines the evolution of China’s posture towards the U.N. human rights system since the early 1980s. The book examines in unprecedented details China’s role and impact on the complex negotiations between U.N. members over the International Covenant Against Torture and its optional protocol; the establishment of the U.N. Human Rights Council; and the monitoring powers of the International labour Organization. A former U.S. State Department official in the Bureau of Democracy, Labor and Human Rights, Inboden shows how China, through subtle yet persistent efforts, largely but not entirely successfully managed to constrain the U.N. human rights system. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power. In this interview, Inboden discusses her findings as well as more recent developments under the leadership of President Xi Jinping. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political corruption remains … one of the most intriguing and challenging issues in social science research and public policy, perhaps because although it occurs in virtually all polities, its causes, patterns, and consequences often seem unique to each circumstance. – Cadres and Corruption by Xiaobo Lu (2000) Corruption is rampant in many authoritarian regimes, leading most observers to assume that autocrats have little incentive or ability to curb government wrongdoing. Corruption Control in Authoritarian Regimes – Lessons from East Asia, published by Cambridge University Press in 2022, shows that meaningful anti-corruption efforts by nondemocracies are more common and more often successful than is typically understood. Drawing on wide-ranging analysis of authoritarian anti-corruption efforts globally and in-depth case studies of key countries such as China, South Korea and Taiwan over time, Dr. Carothers constructs an original theory of authoritarian corruption control. He disputes views that hold democratic or quasi-democratic institutions as necessary for political governance successes and argues that corruption control in authoritarian regimes often depends on a powerful autocratic reformer having a free hand to enact and enforce measures curbing government wrongdoing. His book advances our understanding of authoritarian governance and durability while also opening up new avenues of inquiry about the politics of corruption control in East Asia and beyond. Christopher Carothers is a scholar of comparative politics and most recently affiliated with the University of Pennsylvania’s Center for the Study of Contemporary China as a post-doctoral fellow. Professor Carothers research focuses on authoritarianism and corruption control with a regional focus on East Asia, and has written for Foreign Affairs, Foreign Policy, Politics and Society and the Journal of Democracy among others. Keith Krueger lectures in the SILC Business School at Shanghai University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11 published in 2022 with Broadleaf Books, Maha Hilal describes how narratives of 9/11 and the war on terror have been constructed over the last twenty years and the various ways in which they have justified state violence against Muslims. Hilal offers answers to many questions, including and especially how the war on terror started, what its impact on American Muslims and Muslims abroad has been, and how to work to dismantle it. Hilal holds a PhD in Justice, Law, and Society from American University and has received many awards, including the Department of State's Critical Language Scholarship, the Kathryn Davis Fellowship for Peace, and a Reebok Human Rights Fellowship. The book is written accessibly, making difficult concepts and themes easy to follow and understand. It is easily assignable in undergraduate and graduate courses and makes for an essential read for policymakers and for anyone interested in the Muslim American experience post-9/11, and perhaps anyone who denies the existence of institutional Islamophobia and naively thinks the U.S. is the beacon of light and justice in the world—because this book shows with ample evidence that it’s not. In our conversation today, Hilal tells us the story of the origins of the book, what its contributions are, what makes it different from other books on Islamophobia, the roles that U.S. presidents since 9/11 have played in reinforcing and exacerbating Islamophobic rhetoric in the U.S. We also talk about the many U.S. policies, domestic as well as international, that legitimate the existence of Islamophobic state violence, the ways in which the FBI uses informants to entrap Muslims, the legal and narrative strategies that allow for the U.S. to commit extreme forms of torture against Muslims. We end with a discussion on internalized Islamophobia and, among other things, its harmful impact on Muslim Americans. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She can be reached at haqqani_s@mercer.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Sofia Stolk’s The Opening Statement of the Prosecution in International Criminal Trials: A Solemn Tale of Horror (Routledge, 2021) addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. Dr. Stolk aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. This book aims to magnify the story of the opening statement where it becomes ambiguous, circular, repetition, self-referential, incomplete, and inescapable. It aims to uncover the specificities of a discourse that is built on and rebuilds paradoxes, to illuminate some of the absurdities that mark the foundations of the opening statements’ celebration of reason. More generally, it aims to show how the contradticion in the opening statement reflects foundational tensions that are productive and constituative of the field of international criminal law more broadly. Above all, [this book] shows how the opening statement aims to provide certainty where there is none. The book takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. Dr. Stolk shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this account of the rapid erosion of liberties, freedom of speech, freedom of the press and civil and political rights in Hong Kong, Mark L. Clifford's latest book provides an historically in-depth, vivid political analysis of the rapidly changing situation in Hong Kong. When the British ceased its period of colonial rule in 1997, and Hong Kong was returned to the governance of the People's Republic of China, then Chinese Communist Party Leader, Deng Xiaoping promised that Hong Kong would maintain its way of life for the next 50 years. This way of life, the rule of law, and independent judiciary, a democratically elected government, and the sorts of human rights which shape societies in liberal democracies worldwide, were also guaranteed in Hong Kong's mini-constitution - The Basic Law. However, less than halfway through this "One Country, Two Systems" experiment, Hong Kongers rights and freedoms, and its rule of law and the values which have come to form the basis of a unique Hong Konger identity have been crushed. Today Hong Kong, Tomorrow the World: What China's Crackdown Reveals about its plans to End Freedom Everywhere (St. Martin's Press, 2022) is hard to put down; It is not just the way that Clifford brings to life the characters and pivotal moments in the rising tide of oppression, but also the implications of the situation in Hong Kong for the rest of the world act as a profound warning. This book is unique for its on the ground analysis and the insight it provides in framing Hong Kong as the geopolitical nexus between libertarian values of the West and Communist China's political system. Mark L. Clifford is the president of the Committee for Freedom in Hong Kong. He holds a PhD in history from the University of Hong Kong. A Walter Bagehot Fellow at Columbia University, he lived in Asia from 1987 until 2021. Previously, Clifford was executive director of the Hong Kong-based Asia Business Council, the editor-in-chief of the South China Morning Post (Hong Kong), and publisher and editor-in-chief of The Standard (Hong Kong). He held senior editorial positions at BusinessWeek and the Far Eastern Economic Review in Hong Kong and Seoul. He has won numerous academic, book, and journalism awards. He was also on the board of directors of Next Digital; the company that published the pro-democracy newspaper, Apple Daily, before it was forced to shutdown in June 2021. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today’s Postscript uniquely engages abortion politics by addressing structural political issues (voter suppression, gerrymandering, dilutions of minority voting, obstacles to women registering their positions politically), inconsistencies in Justice Samuel Alito’s majority draft, the ascent of the medical profession, the intersection of race, gender, and religion, narratives of morality, the genesis of white evangelical opposition, myths created by popular culture and abortion stereotypes, and more. Dr. Lilly J. Goren (Professor of Political Science and Global Studies at Carroll University), Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati), Dr. Candis Watts Smith (Associate Professor of Political Science at Duke University and co-host of the Democracy Works Podcast) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver). Some of the books and articles mentioned in the podcast:
Diana Greene Foster, The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having – or Being Denied – an Abortion
Rebecca Kreitzer’s amazing slide deck of abortion facts and recommended reading list.
Rebecca Kreitzer and Candis Watts Smith in the Monkey Cage, “What Alito’s draft gets wrong about women and political power”
Andrew Lewis, The Rights Turn in Conservative Christian Politics: How Abortion Transformed the Culture Wars
Ziad Munson, The Making of Pro-life Activists:How Social Movement Mobilization WorksJosh Wilson, Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law & Legal Culture
Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present
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Our contemporary political condition is obsessed with immunity. The immunity of bodies and the body politic; personal immunity and herd immunity; how to immunize the social system against breakdown. The obsession intensifies with every new crisis and the mobilization of yet more powers of war and police, from quarantine to border closures and from vaccination certificates to immunological surveillance. Engaging four key concepts with enormous cultural weight – Cell, Self, System and Sovereignty – The Politics of Immunity: Security and the Policing of Bodies (Verso, 2022) moves from philosophical biology to intellectual history and from critical theory to psychoanalysis to expose the politics underpinning the way immunity is imagined. At the heart of this imagination is the way security has come to dominate the whole realm of human experience. From biological cell to political subject, and from physiological system to the social body, immunity folds into security, just as security folds into immunity. The book thus opens into a critique of the violence of security and spells out immunity’s tendency towards self-destruction and death: immunity, like security, can turn its aggression inwards, into the autoimmune disorder. Wide-ranging and polemical, this book lays down a major challenge to the ways in which the immunity of the self and the social are imagined. In this interview, I spoke with Mark Neocleous about his fascinating and wide-ranging book The Politics of Immunity. We also spent time discussing his previous work on security and police power, the personal context informing this work, and connections with the ongoing UK undercover policing controversy (discussed in my previous interview with the authors of Deep Deception). Content warning: between 43-45 minutes into the podcast, there is a brief discussion of suicide in the context of Mark's forthcoming work. Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his influential work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021). Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Prisons operate according to the clockwork logic of our criminal justice system: we punish people by making them “serve” time. The Cage of Days: Time and Temporal Experience in Prison (Columbia UP, 2022) combines the perspectives of K. C. Carceral, a formerly incarcerated convict criminologist, and Michael G. Flaherty, a sociologist who studies temporal experience. Drawing from Carceral’s field notes, his interviews with fellow inmates, and convict memoirs, this book reveals what time does to prisoners and what prisoners do to time. Carceral and Flaherty consider the connection between the subjective dimensions of time and the existential circumstances of imprisonment. Convicts find that their experience of time has become deeply distorted by the rhythm and routines of prison and by how authorities ensure that an inmate’s time is under their control. They become obsessed with the passage of time and preoccupied with regaining temporal autonomy, creating elaborate strategies for modifying their perception of time. To escape the feeling that their lives lack forward momentum, prisoners devise distinctive ways to mark the passage of time, but these tactics can backfire by intensifying their awareness of temporality. Providing rich and nuanced analysis grounded in the distinctive voices of diverse prisoners, The Cage of Days examines how prisons regulate time and how prisoners resist the temporal regime. Rachel Pagones is an acupuncturist, educator, and author based in Cambridge, England. Her book, Acupuncture as Revolution: Suffering, Liberation, and Love (Brevis Press) was published in 2021. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Analyzing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation: Shafi'i Texts across the Indian Ocean and the Mediterranean (Cambridge University Press, 2022) focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, Africa and Europe. By examining the processes of the spread of legal texts and their roles in society, as well as thinking about how Afrasian Muslims responded to these new arrivals of thoughts and texts, Mahmood Kooria weaves together a narrative with the textual descendants from places such as Damascus, Mecca, Cairo, Malabar, Java, Aceh and Zanzibar to tell a compelling story of how Islam contributed to the global history of law from the thirteenth to the twentieth century. Mahmood Kooria is a researcher at Leiden University (the Netherlands) and a visiting faculty of history at Ashoka University (India). Earlier, he worked as a postdoctoral fellow at the Dutch Institute in Morocco (NIMAR); International Institute for Asian Studies (IIAS); and African Studies Centre, Leiden (ASCL). He received his PhD in Global History from Leiden University in 2016. Before this, he studied at the Centre for Historical Studies of Jawaharlal Nehru University (New Delhi, India) for his M.A. and M.Phil. in Ancient Indian History, and at Darul Huda Islamic University and the University of Calicut (both in Kerala, India) for Bachelors. In addition to numerous academic journal articles and book chapters, he has co-edited Malabar in the Indian Ocean: Cosmopolitanism in a Maritime Historical Region (2018) and Islamic Law in the Indian Ocean World: Texts, Ideas and Practices (2022). Currently he is writing a book on the matriarchal Muslim communities in East Africa and South and Southeast Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eve Ng’s new book Cancel Culture: A Critical Analysis (Palgrave Macmillan, 2022), examines the phenomenon of "cancel culture" from a critical media studies perspective, as both cancel practices (what people and institutional actors do) and cancel discourses (commentary about cancelling). Ng traces multiple lines of origins for cancel practices and discourses, in the domains of Black communicative practices (e.g. cancelling relationship to "dissing"), celebrity and fan cultures, consumer culture (especially around consumer nationalist cancellings), and national politics (U.S. conservative criticisms of cancelling, and nationalist cancelling events in mainland China). Her analysis moves beyond popular press accounts about the latest targets of cancelling or familiar free speech debates, and underscores the different configurations of power associated with “cancel culture” in specific cultural and political contexts. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mark V. Tushnet's book The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 (Cambridge UP, 2022) describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022), five women discuss their experiences of being manipulated into serious long-term relationships with undercover police officers. Through detective work and campaigning, these ‘spycops’ victims uncovered a hitherto-unknown practice whereby police officers were deployed for multiple years to surveil and report on activist groups. Many of these officers formed long-term intimate relationships with female activists; several also fathered children. The Metropolitan Police acknowledged in 2015 that these relationships were “a violation of the women’s human rights, an abuse of police power and caused significant trauma”. Yet the extent to which such long-term undercover deployment continues today is unknown. Since 1968, more than one thousand groups have been surveilled by undercover officers, with dozens of women deceived into relationships in the process. The vast majority of groups infiltrated were left-wing organizations, including feminist, anti-fascist, environmentalist, socialist and anti-apartheid campaigns. In this interview, Helen Steel and Alison shared their experiences of multi-year relationships with police officers and their ongoing fight for justice alongside other victims and supporters including Police Spies Out of Lives, The Campaign Opposing Police Surveillance and the Undercover Research Group. Helen also discussed the intersection of undercover policing with the McLibel case. Finally, Alison and Helen reflected upon what these undercover policing practices tell us about the nature of policing in the UK, and the implications of these practices for British democracy. This book is a timely and important contribution to our understanding of domestic security and surveillance, and essential reading for scholars of policing. Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How Amazon combined branding and relationship marketing with massive distribution infrastructure to become the ultimate service brand in the digital economy. Amazon is ubiquitous in our daily lives—we stream movies and television on Amazon Prime Video, converse with Alexa, receive messages on our smartphone about the progress of our latest orders. In Buy Now: How Amazon Branded Convenience and Normalized Monopoly (MIT Press, 2022), Emily West examines Amazon's consumer-facing services to investigate how Amazon as a brand grew so quickly and inserted itself into so many aspects of our lives even as it faded into the background, becoming a sort of infrastructure that can be taken for granted. Amazon promotes the comfort and care of its customers (but not its workers) to become the ultimate service brand in the digital economy. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this timely book, award-winning journalist and longtime Hong Konger, Louisa Lim, weaves together Hong Kong's fraught political and social history with her own first hand account of the spirit of an indelible city. In her latest book, Indelible City: Dispossession and Defiance in Hong Kong, published by Riverhead Books in April 2022, Lim reflects on attempts at the erosion of Hong Kong identity, to be replaced with a future that Beijing seeks to impose. Since the British takeover in 1842, through to the tumultuous period of political upheaval to 2020, Lim weaves the personal stories of local Hong Kongers to provide an authentic, textured account of a place, its people and a spirit which continues to endure. Long-time Hong Konger Lousia Lim is a Senior Lecturer in audio-visual journalism, culture and communication at The University of Melbourne. She spent many years as a journalist in Hong Kong and China. Her first book, The People's Republic of Amnesia: Tiananmen Revisited, was shortlisted for the Orwell Prize for Political Writing and the Helen Bernstein Prize for Excellence in Journalism. She co-hosts The Little Red Podcast, an award-winning podcast on China. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. Raymond Kwun-Sun Lau's book Responding to Mass Atrocities in Africa: Protection First and Justice Later (Routledge, 2021) provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a 'Protection First, Justice Later' sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses. Christopher P. Davey is Visiting Assistant Professor at Clark University's Strassler Center for Holocaust and Genocide Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Artificial intelligence, or AI for short, has generated a staggering amount of hype in the past several years. Is it the game-changer it's been cracked up to be? If so, how is it changing the game? How is it likely to affect us as customers, tenants, aspiring homeowners, students, educators, patients, clients, prison inmates, members of ethnic and sexual minorities, and voters in liberal democracies? Authored by experts in fields ranging from computer science and law to philosophy and cognitive science, A Citizen's Guide to Artificial Intelligence (MIT Press, 2022) offers a concise overview of moral, political, legal and economic implications of AI. It covers the basics of AI's latest permutation, machine learning, and considers issues such as transparency, bias, liability, privacy, and regulation. Both business and government have integrated algorithmic decision support systems into their daily operations, and the book explores the implications for our lives as citizens. For example, do we take it on faith that a machine knows best in approving a patient's health insurance claim or a defendant's request for bail? What is the potential for manipulation by targeted political ads? How can the processes behind these technically sophisticated tools ever be transparent? The book discusses such issues as statistical definitions of fairness, legal and moral responsibility, the role of humans in machine learning decision systems, “nudging” algorithms and anonymized data, the effect of automation on the workplace, and AI as both regulatory tool and target. Dr John Zerilli is a philosopher with particular interests in cognitive science, artificial intelligence, and the law. He is currently a Leverhulme Fellow at the University of Oxford, a Research Associate in the Oxford Institute for Ethics in AI, and an Associate Fellow in the Centre for the Future of Intelligence at the University of Cambridge. Frances Sacks is a journalist and graduate of Wesleyan University where she studied in the Science and Society Program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Legal precarity, mobility, and the criminalization of migrants complicate the study of forced migration and exile. Traditional methodologies can obscure both the agency of displaced people and hierarchies of power between researchers and research participants. This project critically assesses the ways in which knowledge is co-created and reproduced through narratives in spaces of displacement, advancing a creative, collective, and interdisciplinary approach. Documenting Displacement: Questioning Methodological Boundaries in Forced Migration Research (McGill-Queen's UP, 2022) explores the ethics and methods of research in diverse forced migration contexts and proposes new ways of thinking about and documenting displacement. Each chapter delves into specific ethical and methodological challenges, with particular attention to unequal power relations in the co-creation of knowledge, questions about representation and ownership, and the adaptation of methodological approaches to contexts of mobility. Contributors reflect honestly on what has worked and what has not, providing useful points of discussion for future research by both established and emerging researchers. Innovative in its use of arts-based methods, Documenting Displacement invites researchers to explore new avenues guided not only by the procedural ethics imposed by academic institutions, but also by a relational ethics that more fully considers the position of the researcher and the interests of those who have been displaced. Lois Klassen is an artist, writer and researcher based on Coast Salish Territory (traditional and unceded) in what is referred to as Vancouver. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974. The Long Land War: The Global Struggle for Occupancy Rights (Yale UP, 2022) provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet. Jo Guldi is associate professor of history at Southern Methodist University, where she teaches courses on the history of Britain, the British Empire, modern development policy, and property law. She is the author of Roads to Power: Britain Invents the Infrastructure State and (with David Armitage) The History Manifesto and lives in Richardson, Texas. Twitter. Website. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!: Why Data Security Law Fails and How to Improve It (Oxford UP, 2022), Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself. Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more. Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It’s no secret that the United States has the most expansive prison system of any nation in the world. And the US carceral system overwhelmingly and unjustly impacts Black and Brown individuals and communities. With postwar efforts to dismantle Jim Crow policies, our era of mass incarceration reproduced the old logics of white supremacism that uphold racist capitalism in this new setting. These are the things we know. But in his book, Silent Cells: The Secret Drugging of Captive America (U Minnesota Press, 2019), Professor Anthony Hatch observes a feature of mass incarceration essential to its everyday function that many of us had never considered: the large-scale, persistent use of psychotropic drugs, including antipsychotics and antidepressants, not for medical care but rather to control the behavior of incarcerated people. Making a persuasive claim drawn from his training in STS and sociology, Hatch observes how the drugs are used at the level of individual brain chemistry to commit “soul murder” with enormous systemic implications and political stakes. What’s more, the carceral elites’ use of psychotropic drugs for the purposes of pacification, not care, of their wards extends to other (often state-backed) settings of “captive America,” including the military, foster care, elder care, and international detention centers. “Is it possible for the US carceral state to exist without psychotropics,” Hatch asks. “I think we can say the answer is no.” Silent Cells accomplishes more than the (important) tasks of documentation and analysis. It is a work of liberatory social science. The book is of a piece with Hatch’s abolitionist agenda that he pursues through his generous and generative scholarly and activist engagements, including his work as director of the Black Box teaching laboratory and chair of the Program in Science in Society at Wesleyan University. This interview was a collaborative effort among Professor Laura Stark and students at Vanderbilt University in the course “Prison.” Please email Laura with any feedback on the interview or questions about the collaborative interview process: laura.stark@vanderbilt.edu . Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The attacks of 9/11 changed the course of the global counter-terrorism order which has entrenched a system of global governance. This institutional creep is arguably eroding national borders, spheres of domestic governance, human rights, and seeps into the daily lives of ordinary citizens in largely unforeseen aspects. Perhaps just as alarming, there is limited accountability on the part of either international institutions, state or private actors of who are instigators in this ever-expansive transnational counter-terror framework. In this conversation, Professor Fiona de Londras and I discuss these and other issues in her latest book, The Practice and Problems of Transnational Counter-Terrorism, published by Cambridge University Press in 2022. This is serious stuff, which is relevant to international lawyers, constitutional law experts, human rights activists and anyone who is concerned about the implications of the expanding sphere of the institution of transnational counter-terrorism and how it impacts the day to day lives of every person. Professor Fiona de Londras is the Chair of Global Legal Studies at the University of Birmingham Law School, at The University of Birmingham. Her research concerns constitutionalism, human rights, transnationalism, reproductive rights (especially abortion law), and the development and domestic impacts of the European Convention on Human Rights. Her work has been funded by the European Commission, the British Academy, the Joseph Rowntree Charitable Trust, and the Leverhulme Trust. In 2017 she was awarded the Philip Leverhulme Prize in law, awarded to recognise the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising. Listen here to a previous interview for the New Books Network with Professor de Londras and Associate Professor Cora Chan on their edited volume, China's National Security: Endangering Hong Kong's Rule of Law? Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
NB: This interview contains explicit language. In Banning Transgender Conversion Practices: A Legal and Policy Analysis (U British Columbia Press, 2022), bioethicist and jurist Florence Ashley historicizes recent developments in bans on transgender conversion practices, explains the legal implications of various conversion therapy bans, and argues for implementation that comes alongside education and action by professional orders. This book would be of great interest to sociolegal scholars, policymakers, those working in healthcare, and scholars simply seeking to further understand the enactment of bans on transgender conversion practices. Survivors of conversion practices – interventions meant to stop gender transition – have likened the process to torture. Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations. Florence Ashley can be found on Twitter (https://twitter.com/ButNotTheC...), with their extensive publications available on their website (https://www.florenceashley.com...). Rine Vieth (https://rinevieth.carrd.co/) is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Race is the subject of passionate and increasingly angry debate. But amidst all the talk of unconscious bias it’s an area into which many fear to tread. In this podcast Professor McWhorter of Colombia University outlines his sometimes controversial views on these issues and explains why he wants to debate them in public. His latest book is Woke Racism: How a New Religion Has Betrayed Black America (Portfolio, 2021). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights (U Texas Press, 2021) analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values. Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the public acceptance of emotion that encouraged the birth and rebirth of humane values. Rachel Hall Sternberg is an associate professor of classics and history at Case Western Reserve University. She is the author of Tragedy Offstage: Suffering and Sympathy in Ancient Athens and editor of Pity and Power in Ancient Athens. Jackson Reinhardt is a graduate of University of Southern California and Vanderbilt University. He is currently an independent scholar, freelance writer, and research assistant. You can reach Jackson at jtreinhardt1997@gmail.com and follow him on Twitter @JTRhardt Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Human rights in public policy are constructed by diplomats and politicians in an international legislative process, not discovered amongst the clouds of metaphysics.” In "Advanced Introduction to the Politics of International Human Rights (Edward Elgar, 2021), David P. Forsythe, general editor of the Oxford Encyclopedia of Human Rights (5 vol.) and pioneer of the field of human rights and international relations studies distills insights gained over his long career about the progress and challenges of the human rights enterprise in a world that remains structured by a life-and-death competition between territorial states. A self-defined “liberal realist” Forsythe believes that “individuals can make a difference in constructing a world sympathetic to human rights – up to a point”. In this slim volume, he stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery. Nicholas Bequelin is a human rights practitioner with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"I don't care what people do in their bedroom, but do they need to flaunt it?" This sentiment is a common refrain in American culture and politics when talking about LGBTQ rights, and as Ohio State historian Dr. Clayton Howard argues, it's a sentence with a history. In The Closet and the Cul-de-Sac: The Politics of Sexual Privacy in Northern California (University of Pennsylvania, 2019), Howard traces the history of the idea of sexual privacy back to the era immediately after World War II, when the "Straight State" began more aggressively incentivizing and policing hetero- and homosexuality respectively. Through acts such as the GI Bill, housing became a central battleground in the Bay Area for determining what normative sex looked like. Soon, churches, schools, and the steps of city hall, all became fronts in a culture war that, as Howard argues, was not quite as black-and-white as scholars sometimes make it seem. Today, legislation such as Florida's so-called "Don't Say Gay" bill have their roots in debates over laws such as California's Briggs Initiative and indeed, stretch all the way back to San Francisco's mid-20th century life as a hub for military life in the Pacific. The Closet and the Cul-de-Sac is an in-depth look at how even the most private areas of an individual's life are often in fact very public indeed. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.'s juvenile courts, Kristin Henning confronts America's irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence: How America Criminalizes Black Youth (Pantheon Books, 2021) is an essential book for our moment. Donations to the Georgetown Law Juvenile Justice Clinic and Initiative can be made here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
China has the reputation for being a strong security state. After the pro-democracy Tiananmen protests, the Chinese government moved to increase stability maintenance – and that approach is reflected in today’s suppression of social unrest in Xinjiang where somewhere between 800,000-2 million members of the Uighur minority have been interned in camps. Throughout the country, the government has maintained stability by installing millions of cameras. The Chinese and International press emphasize these actions – projecting a view of China as a strong security state. But Suzanne E. Scoggins argues that the decision to prioritize stability maintenance comes at the expense of everyday policing. In remarkable interviews with police officers and analysis of policing journal articles she assesses resource allocation, police reforms, and structural patterns of control – to find a weak police force unable to protect citizens against violent crime. Policing China: Street-Level Cops in the Shadow of Protest (Cornell UP, 2021) provides a surprising – and more accurate – understanding of how the police function in China – how they can be so ineffective at everyday crime management while still being very good at stability maintenance. The podcast includes a remarkable conversation about how research access in China is changing – as well as the role of the National Committee on US-China Relations. Dr. Suzanne E. Scoggins is an Assistant Professor of Political Science and Director of Asian Studies at Clark University. She is also a Public Intellectuals Program Fellow at The National Committee on United States-China Relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American jails admit over ten million people every year, but very little is known about what happens to them while they're locked away. Indefinite: Doing Time in Jail (Oxford UP, 2022) is an ethnographic study of a California county jail that reflects on what it means to do jail time and what it does to men. Michael L. Walker spent several extended spells in jail, having been arrested while trying to pay parking tickets in graduate school. This book is an intimate account of his experience and in it he shares the routines, rhythms, and subtle meanings that come with being incarcerated. Walker shows how punishment in jail is much more than the deprivation of liberties. It is, he argues, purposefully degrading. Jail creates a racial politics that organizes daily life, moves men from clock time to event time, normalizes trauma, and imbues residents with substantial measures of vulnerability. Deputies used self-centered management styles to address the problems associated with running a jail, some that magnified individual conflicts to potential group conflicts and others that created divisions between residents for the sake of control. And though not every deputy indulged, many gave themselves over to the pleasures of punishment. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era. Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis. Read more by Charles McCrary:
"The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022
"The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022
"The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021
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In today's program, we speak to Nandita Sharma, activist scholar and Professor of Sociology at the University of Hawai'i at Manoa. We talk about Home Rule: National Sovereignty and the Separation of Natives and Migrants (Duke University Press, 2020). In Home Rule, Sharma brilliantly traces the "historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as 'colonial invaders.'" She theorizes the Postcolonial New World Order of nation-states wherein the category of the Native (initially referred to as such to demarcate colonized status) has been revitalized and claims to autochthony have become the basis of "true national belonging." In consequence, migrants have been facing exclusion, expulsion, and even extermination. The hardening of nationalisms in the Postcolonial New World Order has contained demands for decolonization, leaving their potential unfulfilled. Sharma forcefully and convincingly shows that the only way forward is by building a common wherein the ruling categories of Native and Migrant are dissolved. Jochen Schmon is a PhD Student in Politics at the New School for Social Research. You can reach him on Twitter @JohenShmon. Deren Ertas is a PhD Candidate in the joint program in History and Middle Eastern Studies at Harvard University. You can reach her own Twitter @drnrts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy: Mapuche Territorial Demands and Chilean Land Policy (U Pittsburgh Press, 2021), Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to Indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy. Kelly Bauer is an Assistant Professor of Political Science at Nebraska Wesleyan University, and member of the Red De Politólogas – #NoSinMujeres. Her research and teaching examine state policy and rhetoric about Indigenous rights, irregular migration, and human security regimes in South America. She also researches pedagogy and knowledge production in political science classrooms, and migration politics and rhetoric in Nebraska. Her work has been externally funded by the U.S. Fulbright Program, Inter-American Foundation’s Grassroots Development Fellowship, and APSA Centennial Center. Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The University Network for Human Rights facilitates supervised undergraduate engagement in the practice of human rights at colleges and universities in the United States and across the globe. The University Network partners with advocacy organizations and communities affected or threatened by abusive state, corporate, or private conduct to advance human rights at home and abroad; trains undergraduate students in interdisciplinary human rights protection and advocacy; and collaborates with academics and human rights practitioners in other parts of the world to foster the creation of practical, interdisciplinary programs in human rights. James (Jim) Cavallaro is Executive Director of the University Network for Human Rights. He has taught human rights law and practice for nearly a quarter-century, most recently at Wesleyan University, Stanford Law School (2011-2019), and Harvard Law School (2002-2011). Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Undoing Drugs: The Untold Story of Harm Reduction and the Future of Addiction (Hachette Go, 2021) tells a long-running, but largely unknown, story of how a few people and groups – propelled at first by the AIDS pandemic -- swam against one of the most powerful policy tides in America – our nation’s 50-year war on drugs. Maia Szalavitz’s book is a personal and political history of the idea of harm reduction, which is a philosophy, a set of health practices, and a call to action. Harm reduction is a powerful alternative to virtually all of the “conventional wisdom” about drugs and drug policy. Harm reduction starts by asserting that the health and safety of drug users, their families, and their communities should be the top priority of drug policy. Undoing Drugs is a global story, with stops in Liverpool, Amsterdam, the San Francisco Bay Area, Vancouver, Glasgow, and New York. By giving life to the saying that “the personal is political,” Szalavitz shows how America might still turn away from the massive failures of the drug war to embrace an approach that seeks to put people first. Steve Beitler’s work in the history of medicine focuses on how pain has been understood, treated, experienced, and represented. Recently published articles examined the history of opiates in American football and surveyed the history of therapeutic drugs. He can be reached at noelandsteve@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Owning the Secular: Religious Symbols, Culture Wars, Western Fragility (Routledge, 2021), Matt Sheedy, Visiting Assistant Professor at the University of Bonn, Germany, examines three case studies dealing with religious symbols and cultural identity. Drawing on theories of discourse analysis and ideology critique, this study calls attention to an evolution in how secularism, nationalism, and multiculturalism in Europe and North America are debated and understood as competing groups contest and rearrange the meaning of these terms. This is especially true in the digital age as online cultures have transformed how information is spread, how we imagine our communities, build alliances, and produce shared meaning. From recent attempts to prohibit religious symbols in public, to Trump’s so-called Muslim bans, to growing disenchantment with the promises of digital media, Owning the Secular turns the lens how nation-states, organizations, and individuals attempt to "own" the secular to manage cultural differences, shore up group identity, and stake a claim to some version of Western values amidst the growing uncertainties of neoliberal capitalism. In our conversation we discussed the secular, secularization, and secularism, the role of social media in contemporary cultural wars, anxieties about veiling practices in secular societies, the use of law in governing religion, the New Atheist movement, ex-Muslims, and how media shapes public understandings of Muslims. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"The rule of law is a means by which [western EU members] want to knead us into something that resembles them," warned Viktor Orbán during his successful campaign for a fourth consecutive term as Hungary's prime minister. Yet, until Russia's invasion of Ukraine, the EU has held back on the demands it makes of members regarding core democratic norms and values. For a decade, the EU's institutions and most of its members have worried about the possibility of the emergence of a full autocracy within its borders but have been held back by diplomatic interests and the constraints imposed by unanimity in the use of Article 7 of the Treaty on European Union. The war, Orbán's re-election, a split in the Polish-Hungarian axis, and the lengthening queue of eastern membership applicants have changed the backdrop. The political will to ensure a liberal-democratic union has been reinforced but Article 7 is still inadequate to the task. Tom Theuns, assistant professor of political theory and European politics at Leiden University’s Institute of Political Science, has a nuclear option in his new paper: The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7 (Res Publica, Springer - 2022). https://link.springer.com/arti... Mentioned: Memory and the future of Europe: Rupture and integration in the wake of total war by Peter Verovšek (Manchester University Press, 2020) and Adding a Bite to a Bark? A Story of Article 7, the EU Enlargement, and Jörg Haider by Wojciech Sadurski (Sydney Law School Research Paper No. 10/01) *The authors' book recommendations are: Technopopulism: The New Logic of Democratic Politics by Christopher Bickerton and Carlo Invernizzi Accetti (OUP Oxford, 2021) and The Goldfinch by Donna Tartt (Little Brown, 2013). Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In How Machines Came to Speak: Media Technologies and Freedom of Speech (Duke University Press, 2022), Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens. Jennifer Petersen is an Associate Professor of Communication at the Annenberg School for Communication and Journalism at the University of Southern California. She is the director of the graduate certificate program in Science and Technology Studies and is affiliated with the Center for Law, History, and Culture. Before arriving at USC, she worked at the University of Virginia, where she was an affiliate with the Department of Women, Gender, and Sexuality. She is also a former Lenore Annenberg and Wallis Annenberg Fellow in Communication at the Center for Advanced Studies in the Behavioral Sciences (CASBS) at Stanford University. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Corruption and ineffectiveness are often expected of public servants in developing countries. However, some groups within these states are distinctly more effective and public oriented than the rest. Why? Patchwork Leviathan (Princeton UP, 2020) explains how a few spectacularly effective state organizations manage to thrive amid general institutional weakness and succeed against impressive odds. Drawing on the Hobbesian image of the state as Leviathan, Erin Metz McDonnell argues that many seemingly weak states actually have a wide range of administrative capacities. Such states are in fact patchworks sewn loosely together from scarce resources into the semblance of unity. McDonnell demonstrates that when the human, cognitive, and material resources of bureaucracy are rare, it is critically important how they are distributed. Too often, scarce bureaucratic resources are scattered throughout the state, yielding little effect. McDonnell reveals how a sufficient concentration of resources clustered within particular pockets of a state can be transformative, enabling distinctively effective organizations to emerge from a sea of ineffectiveness. Patchwork Leviathan offers a comprehensive analysis of successful statecraft in institutionally challenging environments, drawing on cases from contemporary Ghana and Nigeria, mid-twentieth-century Kenya and Brazil, and China in the early twentieth century. Based on nearly two years of pioneering fieldwork in West Africa, this incisive book explains how these highly effective pockets differ from the Western bureaucracies on which so much state and organizational theory is based, providing a fresh answer to why well-funded global capacity-building reforms fail—and how they can do better. Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The beginnings of the modern welfare state are often traced to the late nineteenth-century labor movement and to policymakers’ efforts to appeal to working-class voters. But in Agents of Reform: Child Labor and the Origins of the Welfare State (Princeton UP, 2021), Elisabeth Anderson shows that the regulatory welfare state began a half-century earlier, in the 1830s, with the passage of the first child labor laws. Agents of Reform tells the story of how middle-class and elite reformers in Europe and the United States defined child labor as a threat to social order, and took the lead in bringing regulatory welfare into being. They built alliances to maneuver around powerful political blocks and instituted pathbreaking new employment protections. Later in the century, now with the help of organized labor, they created factory inspectorates to strengthen and routinize the state’s capacity to intervene in industrial working conditions. Agents of Reform compares seven in-depth case studies of key policy episodes in Germany, France, Belgium, Massachusetts, and Illinois. Foregrounding the agency of individual reformers, it challenges existing explanations of welfare state development and advances a new pragmatist field theory of institutional change. In doing so, it moves beyond standard narratives of interests and institutions toward an integrated understanding of how these interact with political actors’ ideas and coalition-building strategies. Agents of Reform is a pathbreaking contribution to our understanding of the emergence of the welfare state and the role of social movements in political reform. Javier Mejia is an economist teaching at Stanford University, whose work focuses on the intersection between social networks and economic history. His interests extend to topics on entrepreneurship and political economy with a geographical specialty in Latin America and the Middle East. He received a Ph.D. in Economics from Los Andes University. He has been a Postdoctoral Associate and Lecturer at New York University--Abu Dhabi and a Visiting Scholar at the University of Bordeaux. He is a regular contributor to different news outlets. Currently, he is Forbes Magazine op-ed columnist. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ireland’s 2015 Marriage Equality referendum is often framed as an incredible achievement just twenty years after sex between men was decriminalized (1993). But starting the story of gay and lesbian rights in Ireland in 1993 is misleading; the work and roots of the major reforms of the 1990s and twenty-first century are in the 1970s, when gay and lesbian activists formed organizations, lobbied for legislative change, and, perhaps most importantly, engaged in the essential work of shifting public perception of same-sex love. In his 2021 book Gay and Lesbian Activism in the Republic of Ireland, 1973-1993, Patrick McDonagh chronicles the work of the groups and individuals who helped shape Ireland into the state it is today. Join us as we chat about the isolation of being gay in a conservative Catholic nation, the fortitude of Ireland’s gay and lesbian groups, and the revolutionary possibilities of Saturday night discos. Averill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the last 40 years, the US penal system has grown at an unprecedented rate―five times larger than in the past and grossly out of scale with the rest of the world. In The Punishment Imperative: The Rise and Failure of Mass Incarceration in America (New York University Press, 2013), criminologists Todd Clear and Natasha Frost argue that America’s move to mass incarceration from the 1960s to the early 2000s was more than just a response to crime or a collection of policies adopted in isolation; it was a grand social experiment. Tracing a wide array of trends related to the criminal justice system, this book charts the rise of penal severity in America and speculates that a variety of force have finally come together to bring this great social experiment to an end. Todd R. Clear is University Professor of Criminal Justice at Rutgers University, Newark. He was also the founder of Rutgers University-Newark’s New Jersey Scholarship and Transformative Education in Prisons (NJ-STEP) consortium. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jacob Mchangama, founder and director of the think tank Justitia, has written a one-volume history of freedom of thought, which ranges from the lone Demosthenes of 4th-century BCE Athens to the recent controversies regarding Donald Trump. In Free Speech: A History from Socrates to Social Media (Basic Books, 2022), Mchangama argues that the history of freedom of thought has recurrent themes, such as a free speech entropy: the perception of rulers or governments that if speech is not restricted then social or political decline or disorder is inevitable. Mchangama also notes how restrictions usually have the unintended effect of emboldening the speakers and making the forbidden speech even more attractive to potential listeners. This history also reveals advocates of free speech less familiar to Western readers, such as the ninth-century Persian scholar Ibn al-Rawandi, a theologian and later skeptic whose life illustrates the debates possible in medieval Islam. Mchangama reviews the modern debates regarding freedom of thought and the latest iterations of arguments about whether free speech will lead to social decline and chaos. Mchangama is a champion of free speech but his history provides a fair minded account of the concerns of speech restrictionists throughout history. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Childhood, Religion, and School Injustice (Cork University Press, 2020), Dr. Karl Kitching examines how debates about religion and education internationally often presume the neutrality of secular education governance as an irrefutable public good. However, understandings of secular freedom, rights and neutrality in schooling are continuously contested, and social movements have disrupted the notion that there is a uniform public to be educated. Simultaneously, unjust, neoliberal and majoritarian education policies constantly undermine collective notions of what is good and just. Dr. Kitching presents original empirical research on how religious and secular schools are positioned as competitors for parents’ attention, and shows how inequalities shape parents’ interest in, and access to, both secular and religious schools. Kitching particularly explores how children in urban and rural settings negotiate the joys, pleasures, paradoxes and injustices of schooling and childhood. He outlines ways in which children’s social positions, relationships and encounters with religious and consumer objects inform who they can become, and who and what they value. Drawing on the above research, Childhood, Religion and School Injustice demonstrates the need to engage with each child’s plurality, and to recognise multiple inequalities experienced by families across schools. Given that the mass privatisation and deregulation of schooling favours majority and advantaged social groups, Kitching argues for the becoming public of school systems and localities. In such a process, majoritarian, narrow self-interest is challenged, unchosen obligations to others are recognised, and collective imaginings of what a ‘good’ childhood is, are publicly engaged. Dr. Karl Kitching joined the School of Education, University of Birmingham in June 2020 as a Reader in Education Policy. Previously he was a Senior Lecturer in Education, and Director of Equality, Diversity and Inclusion at University College Cork, Ireland. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. carrie-lynn.evans@lit.ulaval.ca Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992 (UP of Mississippi, 2018), Mark Newman draws on a vast range of archives and many interviews to uncover for the first time the complex response of African American and white Catholics across the South to desegregation. In the late nineteenth and first half of the twentieth century, the southern Catholic Church contributed to segregation by confining African Americans to the back of white churches and to black-only schools and churches. However, in the twentieth century, papal adoption and dissemination of the doctrine of the Mystical Body of Christ, pressure from some black and white Catholics, and secular change brought by the civil rights movement increasingly led the Church to address racial discrimination both inside and outside its walls.
Far from monolithic, white Catholics in the South split between a moderate segregationist majority and minorities of hard-line segregationists and progressive racial egalitarians. While some bishops felt no discomfort with segregation, prelates appointed from the late 1940s onward tended to be more supportive of religious and secular change. Some bishops in the peripheral South began desegregation before or in anticipation of secular change while elsewhere, especially in the Deep South, they often tied changes in the Catholic churches to secular desegregation.
African American Catholics were diverse and more active in the civil rights movement than has often been assumed. While some black Catholics challenged racism in the Church, many were conflicted about the manner of Catholic desegregation generally imposed by closing valued black institutions. Tracing its impact through the early 1990s, Newman reveals how desegregation shook congregations but seldom brought about genuine integration. Winner of the 2020 American Studies Network Book Prize from the European Association for American Studies Allison Isidore is the Assistant Director for the American Catholic Historical Association and is an Instructor of Record for the Religious Studies department at the University of Alabama. Her research interest is focused on the twentieth-century American Civil Rights Movement and the Catholic Church’s response to racism and the participation of Catholic clergy, nuns, and laypeople in marches, sit-ins, and kneel-ins during the 1950s and 1960s. Allison is also a Video Editor for The Religious Studies Project, producing videos for the podcast and marketing team. She tweets from @AllisonIsidore1. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state. Nicole Coleman is Assistant Professor of German at Wayne State University. She tweets @drnicoleman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the constitution as if it had almost nothing to say about this threat. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) is a bold call to reclaim an American tradition that argues the constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. In this revolutionary retelling of constitutional history, Dr. Joseph Fishkin and Dr. William Forbath show that a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Dr. Fishkin and Dr. Forbath argue that “The constitutional order does rest and depend on a political-economic order. That political-economic order does not maintain itself. It requires action (as well as forbearance from action) from each part of the government. The content of what is required changes radically over time in a dynamic way in response to changes in the economy and in politics. But we believe the basic principles of the democracy-of-opportunity tradition remain affirmative constitutional obligations of government today: to prevent an oligarchy from emerging and amassing too much power; to preserve a broad and open middle class as a counterweight against oligarchy and a bulwark of democratic life; and to include everyone, not just those privileged by race or sex, in a democracy of op- portunity that is broad enough to unite us all.” Dr. Fishkin and Dr. Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of the Slave Power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the “economic royalists” and “industrial despots.” The book argues that our current understanding of what counts as a constitutional argument is anachronistic and limiting. In fact, the authors argue that “advocates of the democracy-of-opportunity tradition and their opponents throughout the long period from the founding through the New Deal disagreed about many things, but they agreed that part of arguing about the Constitution is making claims about what it requires of our political economy. “ This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community, and kinship spaces, Rama Srinivasan outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire: Litigating for Love in North India (Rutgers UP, 2020) underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent and under-explored trend in the North Indian landscape. Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of land rights, a slow and dysfunctional legal system, and a state that was all powerful in some areas.” Economists have long lamented how the inefficiency of India’s legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Dr. Roy and Dr. Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. They conclude that “the weaknesses of the legal framework were probably not the binding constraint on growth” and that “at least in the short-term, the Indian economy will have to develop in spite of its legal system.” Weaving the story of India’s heralded economic transformation with its social and political history, Dr. Roy and Dr. Swamy show how inadequate legal infrastructure has been a key impediment to the country’s economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India’s current crossroads—and the factors that may keep its dreams unrealized. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges of attempting to manage, on the global stage, the actuality of human servitude in a country dedicated to human freedom. Dr. Brady argues that “slavery was defined by policymakers and laypeople alike as central to US interactions with four continents—whether for good or bad. America’s security, prosperity, and geographical and political reach were all connected, in one way or another, with bonded labour. It is no surprise, then, that Americans looked on, and conducted, their relations with the world with a conviction that slavery was central to the nation’s international role.” He argues that this mindset around the centrality of American slavery therefore “forced the United States to act in the international sphere in ways that it otherwise would not have, and to interact with the Atlantic world in a more dynamic way than its leaders might have preferred.” Dr. Brady highlights the limitations placed on American policymakers who, working in an international context increasingly supportive of abolition, were severely constrained regarding the formulation and execution of preferred policy. Policymakers were bound to the slave interest based in the Democratic Party and the tortured state of domestic politics bore heavily on the conduct of foreign affairs. As international powers not only abolished the slave trade but banned human servitude as such, the American position became untenable. The book argues that the “proclivity of slavery to enmesh the nation with the wider world in unwanted ways was manifested again and again throughout the time period up to 1865. From vainly seeking the return of escaped slaves under President George Washington to the failed attempts of President Abraham Lincoln to settle their freed brethren somewhere—anywhere—else, one sees the real limits placed on the nation’s ability to shape and implement a consistent foreign policy…. Slavery was not the only factor that contributed to this frustration of American aims to conduct a largely unilateralist foreign policy in its early years. Nor was it the only reason why America frequently found itself unable to achieve its foreign relations goals. But it was among the most significant reasons.” This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules (Farrar, Straus and Giroux, 2021). In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy's dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy's success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy's critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world. Jan-Werner Müller is Professor of Politics at Princeton University. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Here is a fun quiz question. What distinction does Charles Carroll (1737–1832) hold in American History? Answer: he was the longest-surviving signer of the Declaration of Independence and the only Catholic to have signed it. And therein lies a tale of religious prejudice against Catholics and the ingenious and determined efforts over decades of leaders like Carroll and the founding family of Maryland, the Calverts, to prove their devotion to their country while not compromising on the tenets of their faith. In his fascinating 2021 book, Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard UP, 2021), Michael D. Breidenbach traces in detail the delicate balance Catholics in the period of roughly 1600-1832 had to maintain in order to secure basic civil and property rights in both Britain and the New World colonies while avoiding excommunication by the pope for swearing oaths to British rulers that often entailed denying certain rights the pope claimed. We read in the book about the crucial importance of the exact wording of a series of oaths crafted and argued about over centuries and the implications of even a slight change to each for the often persecuted Catholic minority on both sides of the Atlantic. A major contribution of this book is its discussion of the conciliar movement (or conciliarism) and its intellectual and political impact on American politicians of the 18th and early 19th centuries. Ranging back to medieval figures and then to John Locke and forward into the early years of the United States as a nation proper, Breidenbach illustrates the difference between religious toleration versus religious liberty and helps us see why the matter of bishops and even church architecture were matters of such contention in the founding era. This is a book not just for Catholics, but for all of us who care about and live under the protection of the First Amendment—and, as Breidenbach makes clear, under this part of Article 6 of the Constitution, “no religious test shall ever be required as a qualification to any office or public trust under the United States.” As we saw during the hearings for Amy Coney Barrett’s initial judicial appointment, this issue and anti-Catholic sentiment live with us still. Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America makes intellectual, legal, religious and political history come alive. It is global history too, given its coverage of all these matters in locales such as Jamaica and Barbados. We see powerful and influential Catholics like the Carrolls (including John Carroll 1735 –1815, the first Roman Catholic bishop and archbishop in the United States) taking both brave public stands and maneuvering tirelessly and shrewdly behind the scenes with non-Catholic allies like James Madison and Benjamin Franklin on behalf of religious liberty. This is a work abounding in insights about heretofore little recognized but crucial players and modes of thinking that made us the freedom-focused country we became. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Scholars Heather Hlavka (Marquette University) and Sameena Mulla (Emory University) have written a new book that examines and interrogates the place and space of the courtroom, the use of expertise, especially scientific expertise, in the adjudicative process, and how this all intersects with race and gender in cases of sexual assault. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication (NYU Press, 2021) is the result of a long-term ethnographic study of sexual assault cases in the city of Milwaukee, and how those cases, as they come through the legal system, re-animate cultural narratives and re-inscribe the authority associated with law courts and the legal system itself. A key focus of the research was in examining the ways in which medicolegal and forensic evidence was used in the trial process, and how the reliance on these scientific resources and those who narrate and explain these dimensions of evidence and information are often set in contrast with the experiences of the victim-witnesses in sexual assault cases. Hlavka and Mulla, and their team of students and research assistants, spent more than five years in the Milwaukee County Courthouse, sitting in at all aspects of the trial process, from jury selection to the trial itself, and more. During this time, all of the researchers observed the dynamics around how victims and victim-witnesses were assessed based on their class, race, virtue, gender, and how their very bodies were re-visited during the course of the evidence presentment. This analysis was seen in contrast to the approach to “expert” testimony in the form of medical professionals, forensic professionals, police, and legal professionals. Key points that come through the research, and thus through the book, note how the racialize and gendered narratives are clear within the interactions in the courtroom, but these dynamics do not generally come through in trial transcripts, opinions, or the judicial record of a case. Thus, the deeply lopsided racial dynamics of the courtroom are not clear in the written record but are starkly clear within the walls of the courtroom. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication is a multi-layered, multi-method examination of how the judicial system, in context of sexual assault adjudication, does not, in fact, achieve what might be a just outcome in many situations. The adversarial legal system in the United States does not generally assist the communities that are often broken by this very process. Hlavka and Mulla also suggest that the investment in and use of forensic and scientific evidence has not, in fact, shifted the outcomes in these kinds of cases. Bodies in Evidence will be of interest to a great many readers, from a host of different perspectives and disciplines. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this Pandemic Perspectives Podcast, Ideas Roadshow founder and host Howard Burton talks to Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History at Yale University, about neoliberalism, human rights and what our collective response to the COVID-19 pandemic reveals about our true values. Ideas Roadshow's Pandemic Perspectives Project consists of three distinct, reinforcing elements: a documentary film (Pandemic Perspectives), book (Pandemic Perspectives: A filmmaker's journey in 10 essays) and a series of 24 detailed podcasts with many of the film's expert participants. Visit www.ideasroadshow.com for more details. Howard Burton is the founder of Ideas Roadshow and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Nick Enfield’s book, Language vs. Reality: Why Language is Good for Lawyers and Bad for Scientists (MIT Press, 2022), argues that language is primarily for social coordination, not precisely transferring thoughts from one person to another. Drawing on empirical research, Enfield shows that human lexicons the world over are far more coarse-grained than our perceptual faculties. Yet, at the same time, languages vary in the structure and sophistication of their representations. This means that, for instance, how different languages carve up the world influences not only how their speakers talk about the world, but also how they think about it. The book explores a range of linguistic phenomena, from lexical diversity to linguistic framing to the effects of narrative. As a result of understanding how language shapes our understanding of reality, Enfield argues that we can make more informed—and more ethical—decisions about our own language use, as individuals and communities. Malcolm Keating is Assistant Professor of Philosophy at Yale-NUS College. His research focuses on Sanskrit philosophy of language and epistemology. He is the author of Language, Meaning, and Use in Indian Philosophy (Bloomsbury Press, 2019) and host of the podcast Sutras (and stuff). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the fall of 2020, Poland’s Constitutional Tribunal decreed that the country’s near-total ban on abortion was too liberal; henceforth, pregnancies could be terminated only in cases of rape, incest, or imminent threat to the mother’s life. The court’s decision triggered a nationwide Women’s Strike, whose social mobilization galvanized reproductive rights advocacy across Europe. In the wake of the Polish mass protests, and in the context of the COVID-19 pandemic, now is a crucial moment to re-visit anthropologist Joanna Mishtal’s ground-breaking book The Politics of Morality: The Church, the State, and Reproductive Rights in Postsocialist Poland (Ohio University Press, 2015). Mishtal recast the decades since communism’s collapse as a time of joint Church-State war on reproductive rights, as well as feminism, which was painted as either a communist legacy or a foreign import. The Politics of Morality examines the contradiction between an emerging democracy on the one hand, and a declining tolerance for women’s rights and political and religious pluralism on the other. Surveillance, control, and abuse of power are persistent themes in this revealing ethnography, which has had an enormous scholarly impact in the study of gender and religion & politics in Eastern Europe, but carries powerful lessons far beyond its immediate field. Piotr H. Kosicki is Associate Professor of History at the University of Maryland, College Park. He is the author of Catholics on the Barricades (Yale, 2018) and editor, among others, of Political Exile in the Global Twentieth Century (with Wolfram Kaiser). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Half of Faith: American Muslim Marriage and Divorce in the Twenty-First Century, readers find a wide range of texts on Muslim Americans’ experiences with questions of marriage and divorce in an effort to do what is deemed Islamically acceptable. This exciting reader, which brings together previously published as well as new content, includes the broad themes of wedding, marriage, and divorce in the Muslim American experience. More specifically, the reader aims to explore the diversity in Islamic legal and theoretical thought, marriage and divorce practices, marriage contracts, wedding customs, and related issues. In today’s very vibrant and engaging conversation, I speak with Kecia Ali, the editor of the reader, in addition to several contributors, who are Zahra Ayubi, Aminah McCloud, and Asifa Quraishi-Landes. Each scholar speaks on her contribution to the volume—Ayubi on divorce, Quraishi-Landes on marriage contracts and Islamic law, and McCloud on African American Muslim women as they transition to Islam, get married, and face issues of male guardianship. Further, we discuss why an Islamic marriage even matters to Muslims, and Kecia and Asifa share their views on fundamental issues with the Islamic marriage contract and whether, as Asifa suggests, it’s possible to re-imagine the Islamic marriage contract as a partnership contract rather than a sales contract. The book, which is available for free, with a searchable PDF, through Boston University’s website, will be of interest to scholars and researchers interested in questions of marriage and divorce generally but more specifically in the context of Islam; individual practicing Muslims who seek resources on nikaah contracts, Islamic law, and divorce; Muslim and other religious leaders who serve Muslim communities; and undergraduate and graduate students in women’s and gender studies as well as religious studies courses. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She is currently working on a book project on Muslim women's marriage to non-Muslims in Islam. Shehnaz runs a YouTube channel called What the Patriarchy?! (WTP?!), where she vlogs about feminism and Islam in an effort to dismantle the patriarchy and uproot it from Islam (ambitious, she knows). She can be reached at haqqani_s@mercer.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Andrew Rudalevige, the Thomas Brackett Reed Professor of Government at Bowdoin College, has a new book that examines the processes that transpires in the generation of executive orders—noting that the process itself is not simply done with the stroke of a pen. Rudalevige, an expert on the Office of Management and Budget (OMB) in the Executive Branch, started to pursue this particular research project as a result of some archival work he was doing at OMB. Because executive orders go through OMB, Rudalevige came upon decades of files of different proposed executive orders in his work on the Office of Management and Budget; and what seemed like a kind of side project became an extensive, quantitative, and qualitative study of the process that gives birth to an executive order or that may eventually kill an executive order. By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton UP, 2021) traces the process that brings together different voices from within the Executive Branch on the substance that becomes the executive order itself. The research is also situated in the context of a more and more gridlocked Congress, with one president after another finding themselves frustrated in their efforts to implement their agendas. One in five executive orders are not issued. Those that are not issued are generally not random. But the process of advocating or pushing back on a potential order is complex and often involves a host of different agencies bargaining with teach other and with OMB and the president. This window into the process gives us significant insight into bureaucratic politics at the national level. This is also a reflection on how the White House and the bureaucracy work—can a president get something done from his perch in the Oval Office, or do particular agencies have jurisdiction and the capacity to move policy and ideas forward within the scope of established law and regulation? This is all explored in By Executive Order: Bureaucratic Management and the Limits of Presidential Power, which is a fascinating look behind the scenes at how presidents and the bureaucracy interact. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his major work, Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue (Vintage, 2017), acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney's opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so. Melvin I. Urofsky is an American historian and professor emeritus at Virginia Commonwealth University. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Prototype Nation: China and the Contested Promise of Innovation (Princeton University Press, 2020) reveals how a growing distrust in Western models of progress and development, including Silicon Valley and the tech industry after the financial crisis of 2007–8, shaped the vision of China as a “new frontier” of innovation. Author Silvia Lindtner unpacks how this promise of entrepreneurial life has influenced governance, education, policy, investment, and urban redesign in ways that normalize the persistence of sexist and racist violence and various forms of labor exploitation. Silvia Margot Lindtner (she/her) is a writer and ethnographer. She is Associate Professor at the University of Michigan in the School of Information and Director of the Center for Ethics, Society, and Computing (ESC). She is also a PIP (Public Intellectual Program) Fellow with the National Committee on United States-China Relations. Lindtner's research focuses on the cultures and politics of technology innovation, including the labor necessary to incubate entrepreneurial life, data-driven futures, and the promise of democratized agency. Drawing from more than ten years of multi-sited ethnographic research, she writes about China's shifting position in the global political economy of computing, supply chains, industrial and agricultural production, and science and technology policy. Host Peter Lorentzen is an Associate Professor in the Department of Economics at the University of San Francisco, where he leads a new Master's program in Applied Economics focused on the digital economy. His own research focuses on China’s political economy and governance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Many have experienced moments where algorithms have made us uncomfortable or suspicious. In Algorithms and Autonomy: The Ethics of Automated Decision Systems (Cambridge University Press, 2021), Rubel, Phan, and Castro outline the stories of teachers and citizens subject to the criminal justice system who face serious consequences at the hands of algorithms. With a focus on locating the a philosophical touchstone to these harms, the authors look at how ideas of autonomy and freedom are affected by algorithms. When algorithms afford those subject to their decisions no transparency to endorse its use or worse hide responsibility for their decision in a network of actors laundering their own agency, citizens are harmed and democracy is harmed. This book mount a forceful lens of what exactly algorithms in criminal justice, education, housing, elections and beyond can do to autonomy, freedom, and democracy. This title is also available as Open Access on Cambridge Core. Dr. Alan Rubel is Professor and Director of the Information School at University of Wisconsin Madison. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the case that the Court’s current Fourteenth Amendment doctrine gives us everything that the original meaning of the Fourteenth Amendment promises.” Dr. Barnett and Dr. Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilised what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. In this book, the authors identified the original meaning of the phrase “privileges or immunities of citizens of the United States” by examining the evidence from the Founding, from the antebellum period, from the drafting and ratification of the clause, and from the post-ratification interpretations in Congress and by courts and academic commentators. They argue that this mass of evidence shows that “privileges or immunities” encompassed civil rights, as distinguishes from “political” or “social” rights, and included the civil right to impartial treatment by civic institutions.” With attention to primary sources, the book shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Increasingly fraught debates about sex, consent, feminism, justice, law, and gender relations have taken centre stage in academic, journalistic and social media circles in recent years. This has resulted in myriad new theories, debates and mediated movements including #MeToo and #TimesUp. In Sex, Consent, and Justice: A New Feminist Framework (Edinburgh UP), Tina Sikka explores many of the contradictions and tensions that make up these debates and movements. She looks at those that draw together contemporary understandings of justice, violence, consent, pleasure and desire. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Police use of advanced data collection and analysis technologies—or, "big data policing"—continues to receive both positive and negative attention through media, activism, and politics. While some high-profile cases illustrate its potential to hasten investigations or even solve previously unsolved crimes, and others showcase risks to individual liberties and vulnerable communities, we know surprisingly little about how and why police departments actually adopt and deploy these tools. Sarah Brayne's new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2021) provides the first in-depth study of these questions. Dr. Brayne recorded observations and interviews over a 5-year period of ethnographic fieldwork and follow-up with the LAPD. In the book, she examines the roles of extra- and intra-departmental factors in the uptake of big data tools, their relationship to the practice and culture of policing, and the impacts and reactions they've precipitated among captains, sworn officers, civilian analysts, and policed communities. A major theme of the book is the role of discretion: While data-driven decision-making tools may promise to replace biased human judgment, in practice they can instead displace human judgment—to earlier and less visible steps in the process, exacerbating the problem they are invoked to solve. Conversely, i was also interested in how Dr. Brayne suggests we shift our perspectives on these tools: She proposes to think of a "big data environment" that shapes our social behavior, and she flips the analogy of data as capital to describe a "cumulative disadvantage" that accrues to those with less access to and control over the data collected on them. Dr. Brayne's study has legal and scholarly as well as policy implications, and it will be of interest to anyone interested in the societal role of data or in that of police. I hope that it becomes part of the foundation for urgently needed future work at their intersection. Suggested companion work: Ballad of the Bullet by Forrest Stuart (listen to Stuart's interview with Sarah E. Patterson here) Sarah Brayne is an Assistant Professor of Sociology at The University of Texas at Austin. Prior to joining the faculty at UT-Austin, she was a Postdoctoral Researcher at Microsoft Research. Dr. Brayne is the founder and director of the Texas Prison Education Initiative, a group of faculty and students who volunteer to teach college classes in prisons throughout Texas. Cory Brunson is an Assistant Professor at the Laboratory for Systems Medicine at the University of Florida. His research focuses on geometric and topological approaches to the analysis of medical and healthcare data. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In Life After Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020), Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can--and should--we rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history--but constantly persecuted--and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered--and often overlooked--in the digital age. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Nicole Rafter (Routledge, 2021) is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter’s key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology’s identity, scientific status, and possible futures. While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter’s historical research to life and shows how it speaks to contemporary issues in criminology and punishment. Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today we talk to Lu Ann Homza about her new book, Village Infernos and Witches' Advocates: Witch-Hunting in Navarre, 1608-1614 (Penn State Press, 2022). This book revises what we thought we knew about one of the most famous witch hunts in European history. Between 1608 and 1614, thousands of witchcraft accusations were leveled against men, women, and children in the northern Spanish kingdom of Navarre. The Inquisition intervened quickly but incompetently, and the denunciations continued to accelerate. As the phenomenon spread, children began to play a crucial role. Not only were they reportedly victims of the witches’ harmful magic, but hundreds of them also insisted that witches were taking them to the Devil’s gatherings against their will. Presenting important archival discoveries, Lu Ann Homza restores the perspectives of illiterate, Basque-speaking individuals to the history of this shocking event and demonstrates what could happen when the Spanish Inquisition tried to take charge of a liminal space. Because the Spanish Inquisition was the body putting those accused of witchcraft on trial, modern scholars have depended upon Inquisition sources for their research. Homza’s groundbreaking book combines new readings of the Inquisitional evidence with fresh archival finds from non-Inquisitional sources, including local secular and religious courts, and from notarial and census records. Expanding our understanding of this witch hunt as well as the history of children, community norms, and legal expertise in early modern Europe, Village Infernos and Witches’ Advocates is required reading for students and scholars of the Spanish Inquisition and the history of witchcraft in early modern Europe. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Would a claim that human possession and property rights as merely temporary seem outlandish to a 21st-century thinker? How would this idea be received in Early Modern England? In today's NBN podcast, Dr. Erin Drew addresses this question in our discussion about her new book: The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century (University of Virginia Press, 2021). Using an environmental lens to analyze popular theology, moral philosophy, law, Drew also uses the poetry of John Evelyn, Anne Finch, John Philips, John Dyer, and James Grainger to deconstruct usufruct's legacy as a moral relationship between humans and their environments in late seventeenth- and early eighteenth England. During this period, "usufruct" appears as a common point of reference and comparison across philosophical, devotional, legal, and literary discussions of the ethical parameters of possessions, use, and power. Care for trees, for example, and ecologically represent literal connections among other beings and across generations if landlords acted as responsible stewards. By laying out the structure and implications of usufruct as an environmental ethic and its role in English discourse, Dr. Drew brings to light a subversive threat to an eighteenth-century English culture that proves surprisingly conservationist while drawing attention to parallels with contemporary environmental thought and assumption. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. In Preparing for War: The Making of the Geneva Conventions (Oxford University Press, 2022), Dr. Boyd van Dijk “shows how the final text of the 1949 Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters, many of whom were not liberal and whose ideas changed radically over time. Nor were they merely a product of idealism or even the shock felt in the wake of Hitler’s atrocities. Constructing the Conventions meant outlawing some forms of inhumanity while tolerating others. It concerned a great deal more than simply recognising the shortcomings of Internatinal law as revealed by the experience of the Second World War. In making the Conventions, drafters sought to contest European imperial rule, empower the ICRC, challenge state sovereignty, fight Cold War rivalries, ensure rights during wartime, reinvent the concept of war crimes and prepare for (civil) wars to come.” Dr. van Dijk argues that to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself. Using never previously accessed archival materials, the book provides a comprehensive historical account of the Conventions' past and contributes to a deeper understanding of the most important treaty of humanitarian law. The book therefore presents an eye-opening account of the making of international law and offers both historians and legal scholars with detailed information about international law's origins. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book, Democracy, Nazi Trials, and Transitional Justice in Germany, 1945-1950 (Cambridge University Press, 2020), Dr. Devin O. Pendas examines how German courts conducted Nazi trials in the immediate postwar context. His work combines close readings of legal discourses in conjunction with very human stories to present a narrative of both irony and tragedy. In a masterful comparison of all four occupation zones, this book successfully musters historical data to challenge and overturn standard conceptualizations of “transitional justice.” It thus belongs definitively in the repertoire of legal scholars, political scientists, historians, and international relations theorists. Eric Grube is a PhD candidate in the Department of History at Boston College. He studies modern German and Austrian history, with a special interest in right-wing paramilitary organizations across interwar Bavaria and Austria."Casualties of War? Refining the Civilian-Military Dichotomy in World War I", Madison Historical Review, 2019. "Racist Limitations on Violence: The Nazi Occupation of Denmark", Essays in History, 2017. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Reconsidering REDD+: Authority, Power and Law in the Green Economy (Cambridge UP, 2021), Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This book cuts new ground by applying a human rights lens of analysis to domestic mental health laws. It makes a timely contribution into the discourse regarding mental health, supported decision-making and disability rights in the post CRPD era. In A New Era for Mental Health Law and Policy: Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities (Cambridge University Press, 2017) Research Fellow Dr Piers Gooding challenges law makers to bring domestic laws into compliance with the CRPD. At the same time, Gooding confronts the pragmatic concerns which continue to shape these same laws, such as the case where a person's mental impairment is perceived as a risk to self or others. I had a great chat with Dr. Gooding in this hour; we spoke about arguments for and against coercive interventions, the right to and meaning of autonomy, tensions between rights based legalism and clinical governance, and more. We spoke about how domestic mental health laws have evolved since the 1980s, and especially since the introduction of the CRPD, and where to go from here. Some of the scholarship mentioned in our conversation included that of Tina Minkowitz, John Fanning, and the collaborative work of Piers himself with Bernadette McSherry, Cath Roper, and Flick Grey. Dr Piers Gooding is a Research Fellow at the Melbourne Social Equity Institute and Melbourne Law School, and is currently an Open Science Fellow at the Mozilla Foundation. His work focuses on the law and politics of disability and mental health, with a special interest in issues of legal capacity, decision-making, technology, and human rights. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Neurodisability and the Criminal Justice System: Comparative and Therapeutic Responses (Edward Elgar Publishing, 2021) delves into an under-researched and little understood but extremely pertinent issue in law; the prevalence of neurodisability within criminal justice systems. Considering the challenges faced by both juveniles and adults with neuorodisabilities who come into contact with the criminal justice system, a host of interdisciplinary international scholars examine the issue from multiple perspectives; from that of lawyers, magistrates, and through the lens of therapeutic and legal analysis, this contribution offers suggestions for reform of both legislation and practice. The book makes the case that criminal justice systems lack the accommodations required both within the institution and the community to adequately support those with neurodisabilities who come into contact with the criminal justice system. In this conversation, with one of the co-editors of the book, Anna Eriksson, we cover a broad range of ground - from the ways in which resources could be reallocated to better address issues of community safety, to how better with neurodisabilities may be better supported in a practical basis to bring more just, equitable and humane outcomes. This is an important book for criminal lawyers, policy makers, criminologists and members of the public who wish to understand and challenge the barriers that people with neurodisabilities face, not just as a result of the criminal justice system but on a day-to-day basis. Gaye T. Lansdell is an Associate Professor in The Faculty of Law at Monash University. Bernadette J Saunders is a Senior Lecturer in the Department of Medicine, Nursing and Health Sciences at Monash University. Anna Eriksson is an Associate Professor in Criminology at Monash University. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. Property and Power seeks to explore this issue within the context of India, the world's largest democracy. Brulé uses cutting-edge research design and extensive field research to make connections among political representation, backlash, and economic empowerment. Her findings show that women in government catalyze access to fundamental economic rights: property rights. Women in politics also have the power to support constituent rights at critical junctures, such as marriage negotiations, sparking integrative solutions to intra-household bargaining. Although they can lead to backlash, quotas are essential for enforcement of rights. In this groundbreaking study, Brulé shows how quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower. Women, Power, and Property: The Paradox of Gender Equality Laws in India has been awarded the APSA’s 2021 Luebbert Prize for the Best Book in Comparative Politics. Dr. Rachel Brule is Assistant Professor of Global Development Policy at Boston University’s Frederick S. Pardee School of Global Studies and Graduate Faculty with BU’s Department of Political Science, a Core Faculty at the Global Development Policy Center, and affiliated faculty with the Institute for Economic Development. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in Women's Studies: An inter-disciplinary journal, South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Soviet Passport: The History, Nature and Uses of the Internal Passport in the USSR (Polity Press, 2021), Albert Baiburin provides the first in-depth study of the development and uses of the passport, or state identity card, in the former Soviet Union. This richly empirical book will be of great interest not only to students and scholars of Russia and the Soviet Union, but to to anyone interested in the shaping of identity in the modern world. The Soviet Passport was first published in Russian in 2017; this is the first English-language translation of the book. First introduced in 1932, the Soviet passport took on an exceptional range of functions, extending not just to the regulation of movement and control of migrancy but also to the constitution of subjectivity and of social hierarchies based on place of residence, family background, and ethnic origin. While the basic role of the Soviet passport was to certify a person’s identity, it assumed a far greater significance in Soviet life, with wide-ranging social, economic and geographical consequences. Passport ownership became the signifier of an acceptable social existence, and the passport itself became part of the life experience and self-perception of those who possessed it. In this interview, I was joined by the book's translator, Stephen Dalziel. We discussed the role of passports in Soviet and pre-Soviet society, including the revolutionary abolition of the Tsarist passport system and the subsequent introduction of the Soviet passport system. We also discussed the process of translation, both for this book and for Stephen's previous translation projects. We hope you enjoy our conversation. Albert Baiburin (the book's author, who could not join us) is a Professor in the Department of Anthropology at the European University at St Petersburg. Stephen Dalziel (my interviewee) is the book's translator. He is a Soviet expert and former BBC correspondent. He now runs DLC Training and Consulting, and is keen to take on more translation work. Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories. In Repetition and International Law (Cambridge University Press, 2022), Dr. Wouter Werner studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Søren Kierkegaard, the book examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Timothy Blauvelt’s book Clientelism and Nationality in an Early Soviet Fiefdom: The Trials of Nestor Lakoba (Routledge, 2021), explores the complexity of Soviet Nationality Policy and patronage relationships among the Soviet elite by focusing on Nestor Apollonovich Lakoba, the Chairman of the Abkhazian Council of Commissars (Sovnarkom) and Abkhazia's colourful, hyper-connected and Zelig-like local power broker. Small in stature and hard of hearing, Lakoba earned an outsized reputation as a gracious Caucasian host with an easy-going spirit, known for his pithy Abkhazian folk sayings and his connections to absolutely everybody who mattered, reputedly having the ear of Stalin himself. Lakoba seemed at odds with the prototypical loud and gruff Stalinist party boss, but he was in his own way no less ruthless, despotic and cunning in his deployment of patronage and the political capital that this subtropical region had to offer. Local ethnic elites like Lakoba realized the advantages of representing the “titular” nationality of a territory to consolidate their position and authority and to extract resources from the centre(s) (even in territories like Abkhazia, where the titular nationality did not comprise a majority of the population). At the same time, they understood the importance of maintaining the trust and loyalty of their own “constituencies,” among both the titular masses and the other titular elites, in order prevent the emergence of a rival grouping that could position itself as a credible substitute. The goal was to maintain the trust and loyalty of both patrons above and of clients below, while at the same time cultivating an aura of irreplaceability. The patrons in the centre (in this case, primarily the Transcaucasian and Georgian Party leadership in Tiflis) required a credibly representative titular leadership grouping on the ground in the titular territories. But once the choice had been made, those in the centre often found themselves constrained by that choice: the success of the patron depended on the success of the client. This gave the latter considerable power over the former to extract resources and to guarantee protection, so long as the client remained the “only game in town,” costlier to replace than to maintain. Yet this situation was far from static: as the emphasis in Soviet nationality policy changed from support for the many smaller ethnic groups in the 1920s to favouring the larger nationalities with union republics from the mid-1930s (and even towards “cleansing” entire populations of potentially disloyal ethnicities), the imperative to maintain titular leadership groups in the autonomous units fell away. The rules of the game changed fundamentally. Listen in to learn more about this fascinating history of power and politics! Samantha Lomb is a lecturer at Vyatka State University in Kirov, Russia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Raj Balkaran interviews Walter Dorn (Professor of Defence Studies, Royal Military College) and Andrew Bartles-Smith (Head of Global Affairs, International Committee of the Red Cross) about very timely and important research at the intersection of ancient Indian ethics and modern global discourse. Raj Balkaran is a scholar, educator, consultant, and life coach. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We tend to associate Roe v. Wade, the landmark Supreme Court decision that decriminalized abortion in 1973, with the choice not to have children. But Roe was equally transformative for Americans' understanding of family--having and raising children also came to be thought of as a choice. In Reproduction Reconceived: Family Making and the Limits of Choice after Roe v. Wade (University of California Press, 2021), Sara Matthiesen highlights the distance between this idea of choice and worsening forms of inequality that have forced far too many to work harder simply to create and maintain a family. In this new and timely work, Matthiesen shows how the effects of incarceration, for-profit and racist healthcare, disease, and poverty have been worsened by state neglect. At its core, Reproduction Reconceived is an urgent historical account: of the myriad labors that families have been made to perform simply to survive, and of the inevitable costs that pile up when family making is seen as a private responsibility rather than a public good. Dr. Nicole Bourbonnais is an Associate Professor of International History and Politics and Co-Director of the Gender Centre at the Graduate Institute of International and Development Studies in Geneva, Switzerland. Her research explores reproductive politics and practice from a transnational historical perspective. More info here. Twitter: @iheid_history and @GC_IHEID Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In late May 1918 in Valdosta, Georgia, ten Black men and one Black woman—Mary Turner, eight months pregnant at the time—were lynched and tortured by mobs of white citizens. Through hauntingly detailed full-color artwork and collage, Elegy for Mary Turner names those who were killed, identifies the killers, and evokes a landscape in which the NAACP investigated the crimes when the state would not and a time when white citizens baked pies and flocked to see Black corpses while Black people fought to make their lives—and their mourning—matter. Included are contributions from C. Tyrone Forehand, great-grandnephew of Mary and Hayes Turner, whose family has long campaigned for the deaths to be remembered; abolitionist activist and educator Mariame Kaba, reflecting on the violence visited on Black women’s bodies; and historian Julie Buckner Armstrong, who opens a window onto the broader scale of lynching’s terror in American history. All royalties from Elegy for Mary Turner: An Illustrated Account of a Lynching (Verso, 2021) go to the National Center for Civil and Human Rights in Atlanta, GA. Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 202) Twitter: @DrBrandonJett1 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Max Krochmal and Todd Moye’s Civil Rights in Black and Brown: Histories of Resistance and Struggle in Texas (University of Texas Press, 2021) is a critical contribution that uncovers histories of activism in the lone state. From El Paso, Dallas, and to the Rio Grande Valley, social justice initiatives were critical for fighting Jim Crow and Juan Crow. The contributors make the case that various towns and cities across the state developed coalitions across Black and Brown racial lines. In this episode, Tiffany speaks with Drs. Max Krochmal, Katherine Bynum, and Todd Moye about the process for collecting histories of the long liberation struggles in Texas. Moye, Krochmal, and other Dallas-Fort Worth Metroplex joined forces to create a coalition of professionals to spearhead the creation of Civil Rights in Black and Brown, a digital oral history project that holds over a hundred oral interviews. As a graduate student at Texas Christian University, Bynum worked alongside Krochmal to document and preserve the oral records of activists and traveled with other peers to learn more about the hidden history of Jim Crow discrimination in the state. Tiffany González is an Assistant Professor of History at James Madison University. She is a historian of Chicana/Latinx history, American politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Welcome to The Academic Life! In this episode you’ll hear about:
The Emerson College Prison Initiative
The Bard Prison Initiative
How students apply to, enroll in, and attend college while in prison
Challenges faced by incarcerated students
Engaging effectively with incarcerated students
Our guest is: Dr. Mneesha Gellman, an Associate Professor of Political Science in the Institute for Liberal Arts and Interdisciplinary Studies at Emerson College, in Boston, MA, USA. her primary research interests include comparative democratization, cultural resilience, memory politics, and social movements in the Global South and the United States. She is the founder and Director of the Emerson Prison Initiative, which seeks to bring high quality liberal arts education to incarcerated students at Massachusetts Correctional Institute (MCI) at Concord, a men’s medium security prison. EPI follows the model of college-in-prison work led by the Bard Prison Initiative. Prior to joining the faculty at Emerson College, she was a Postdoctoral Fellow at the Centre for Global Cooperation Research in Duisburg, Germany. She holds a PhD in Political Science from Northwestern University, USA, and an MA in International Studies/Peace and Conflict Resolution from the University of Queensland, Australia. Our host is: Dr. Christina Gessler, a historian of women and gender, and the co-founder of the Academic Life on NBN. She is the daughter of a public defender. Listeners to this episode might also be interested in:
Education Behind the Wall: Why and How We Teach in Prison [Brandeis University Press, 2022], by Mneesha
The Alliance for Higher Education in Prison
The Prison Policy Initiative
This report from the ACLU
The Sentencing Project
Equal Justice Initiative
The Emerson Prison Initiative (EPI) Emerson Prison Initiative (EPI)
The Bard Prison Initiative Consortium for the Liberal Arts in Prison
Democratization and Memories of Violence: Ethnic Minority Social Movements in Mexico, Turkey, and El Salvador by Dr. Mneesha Gellman
The Skillful Teacher: On Technique, Trust, and Responsiveness in the Classroom by Stephen Brookfield
You are smart and capable, but you aren’t an island and neither are we. We reach across our network to bring you experts about everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring on an expert about something? DM us on Twitter: The Academic Life @AcademicLifeNBN. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rebecca S. Natow's book Reexamining the Federal Role in Higher Education: Politics and Policymaking in the Postsecondary Sector (Teachers College Press, 2022) provides a comprehensive description of the federal government's relationship with higher education and how that relationship became so expansive and indispensable over time. Drawing from constitutional law, social science research, federal policy documents, and original interviews with key policy insiders, the author explores the U.S. government's role in regulating, financing, and otherwise influencing higher education. Natow analyzes how the government's role has evolved over time, the activities of specific governmental branches and agencies that affect higher education, the nature of the government's role in higher education today, and prospects for the future of federal involvement in higher education. Chapters examine the politics and practices that shape policies affecting nondiscrimination and civil rights, student financial aid, educational quality and student success, campus crime, research and development, intellectual property, student privacy, and more. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From 1942 through 1972, American biomedical researchers deliberately infected people with hepatitis. Government-sponsored researchers were attempting to discover the basic features of the disease and the viruses causing it, and develop interventions that would quell recurring outbreaks. Drawing from extensive archival research and in-person interviews, Sydney Halpern traces the hepatitis program from its origins in World War II through its expansion during the initial Cold War years, to its demise in the early 1970s amid outcry over research abuse. The subjects in hepatitis studies were members of stigmatized groups--conscientious objectors, prison inmates, and developmentally disabled adults and children. Dangerous Medicine: The Story Behind Human Experiments with Hepatitis (Yale UP, 2021) reveals how researchers invoked military and scientific imperatives and the rhetoric of common good to win support for the experiments and access to potential recruits. Halpern examines consequences of participation for subjects' long-term health, and raises troubling questions about hazardous human experiments aimed at controlling today's epidemic diseases. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Food insecurity poses one of the most pressing development and human security challenges in the world. Feeding the Hungry: Advocacy and Blame in the Global Fight Against Hunger (Oxford UP, 2020) examines the social and normative environments in which international anti-hunger organizations are working and argues that despite international law ascribing responsibility to national governments to ensure the right to food of their citizens, there is no shared social consensus on who ought to do what to solve the hunger problem. The book provides a new analytic model of transnational advocacy. In investigating advocacy around a critical economic and social right — the right to food — the book challenges existing understandings of the relationships among human rights, norms, and laws. Most important, the book provides an expanded conceptual tool kit with which we can examine and understand the social and moral forces at play in rights advocacy. Michelle Jurkovich is an Assistant Professor of Political Science at the University of Massachusetts Boston. She has served as a Kluge Fellow at the Library of Congress, a Visiting Fellow at the Edmond J. Safra Center for Ethics at Harvard University, and an American Association for the Advancement of Science (AAAS) Science and Technology Fellow where she worked full-time for the Office of Food for Peace at the U.S. Agency for International Development (USAID). Her research interests include hunger and international food security, ethics, economic and social rights, and human security and her work has appeared in International Studies Quarterly, International Studies Review, and Global Governance, among other outlets. Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ben Westhoff is an award-winning investigative journalist whose best-selling 2019 book Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic (Grove Press, 2019), was one of the first to take fentanyl seriously as both a social phenomenon and a national threat. Since its release, Westhoff has become a policy expert, advising top government officials on the fentanyl crisis, and continuing to follow the story on his Substack account. The author of two previous nonfiction books and numerous articles in outlets like the Atlantic, The Guardian, and the Wall Street Journal, Westhoff’s fourth book, Little Brother: Love, Tragedy, and My Search for the Truth comes out this spring. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
One in four American workers says their workplace is a "dictatorship." Yet that number almost certainly would be higher if we recognized employers for what they are-private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers' speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In Private Government: How Employers Rule Our Lives (and Why We Don't Talk about It) (Princeton UP, 2019), Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom. Elizabeth Anderson is Arthur F. Thurnau Professor and John Dewey Distinguished University Professor of Philosophy and Women's Studies at the University of Michigan and specializes in political philosophy, ethics, and feminist philosophy. She is the author of The Imperative of Integration, and Value in Ethics and Economics. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"Quarantine, as an invention of man, is the most primitive and universal instrument of defense against contagious disease epidemics. Almost universally maligned or ignored by historians, quarantine is like an iceberg with 90 percent of its secrets hidden from view in inaccessible archives of the government." In Germs at Bay: Politics, Public Health, and American Quarantine (Praeger/ABC-Clio, 2021), Charles Vidich explores the surprisingly rich history of quarantine in America. It's gone through five different stages and has, at times, played a key role in the American revolutionary war, the development of immigration policy, and even spawned its own code language to prevent panic from breaking out among the public. When quarantine works well, it can save lives -- but, as Vidich argues, a number of factors have to work in sync for it to be successful, and that is rarely the case. This book is for anyone seeking to understand the challenges of controlling the spread of COVID-19, and will help readers internalize the lessons that are being demonstrated through the handling of this pandemic. Replete with primary data from years of archival exploration, Germs at Bay demonstrates the United States' long reliance on quarantine practice, and the political, social, and economic factors at all levels of government that have influenced--and been influenced by--them. Christopher S. Rose is a social historian of medicine focusing on Egypt and the Eastern Mediterranean in the 19th and 20th century. He currently (spring 2022) teaches History at Our Lady of the Lake University in San Antonio, Texas, and Middle Eastern Studies at the University of Texas at Austin. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On the morning of July 1, 1800, a surveyor and mapmaker named Cayetano Díaz opened the window of his study in Guatemala City to find a horrific sight: a pair of severed breasts. Offering a meticulously researched and evocative account of the quest to find the perpetrator and understand the motives behind such a brutal act, this volume pinpoints the sensational crime as a watershed moment in Guatemalan history that radically changed the nature of justice and the established social order. In The Woman on the Windowsill: A Tale of Mystery in Several Parts (Yale UP, 2020), Sylvia Sellers-García reveals how this bizarre and macabre event spurred an increased attention to crime that resulted in more forceful policing and reflected important policy decisions not only in Guatemala but across Latin America. This fascinating book is both an engaging criminal case study and a broader consideration of the forces shaping Guatemala City at the brink of the modern era. Elspeth Currie is a PhD student in the Department of History at Boston College where she studies women’s intellectual history in early modern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1895, forty-seven rebel military officers contested the terms of a law that granted them amnesty but blocked their immediate return to the armed forces. During the century that followed, numerous other Brazilians who similarly faced repercussions for political opposition or outright rebellion subsequently made claims to forms of recompense through amnesty. By 2010, tens of thousands of Brazilians had sought reparations, referred to as amnesty, for repression suffered during the Cold War-era dictatorship. Amnesty in Brazil: Recompense After Repression, 1895-2010 (U Pittsburgh Press, 2021) examines the evolution of amnesty in Brazil and describes when and how it functioned as an institution synonymous with restitution. Ann M. Schneider is concerned with the politics of conciliation and reflects on this history of Brazil in the context of broader debates about transitional justice. She argues that the adjudication of entitlements granted in amnesty laws marked points of intersection between prevailing and profoundly conservative politics with moments and trends that galvanized the demand for and the expansion of rights, showing that amnesty in Brazil has been both surprisingly democratizing and yet stubbornly undemocratic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Ancient Rome, all the best stories have one thing in common—murder. Romulus killed Remus to found the city, Caesar was assassinated to save the Republic. Caligula was butchered in the theater, Claudius was poisoned at dinner, and Galba was beheaded in the Forum. In one 50-year period, 26 emperors were murdered. But what did killing mean in a city where gladiators fought to the death to sate a crowd? In A Fatal Thing Happened on the Way to the Forum (Harry N. Abrams, 2021), Emma Southon examines a trove of real-life homicides from Roman history to explore Roman culture, including how perpetrator, victim, and the act itself were regarded by ordinary people. Inside Ancient Rome's darkly fascinating history, we see how the Romans viewed life, death, and what it means to be human. Emma Southon holds a PhD in ancient history from the University of Birmingham. She co-hosts a history podcast with writer Janina Matthewson called History is Sexy and works full time as a bookseller at Waterstones Belfast. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Rule of Law in the United States: An Unfinished Project of Black Liberation (Hart, 2021), Dr. Paul Gowder focuses on examining the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? The book considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the United States, tens of thousands of children are conceived every year with donated gametes. When people decide to create a child with donated gametes, they’ll typically have to make a moral decision about whether the identity of the donor will be available to the resulting person. This quickly raises additional moral and even existential questions about the value of knowing about the circumstances of our own conception. In Conceiving People: Genetic Knowledge and the Ethics of Sperm and Egg Donation (Oxford UP, 2021) Daniel Groll argues that because donor-conceived persons are likely to develop a significant and worthwhile interest in knowing the identity of their genetic progenitor, their intended parents have an obligation to use a non-anonymous donor. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For mixed-citizenship couples, getting married is the easy part. The US Supreme Court has confirmed the universal civil right to marry, guaranteeing every couple's ability to wed. But the Supreme Court has denied that this right to marriage includes married couples' right to life, liberty, and the pursuit of happiness on US soil, creating a challenge for mixed-citizenship couples whose individual-level rights do not translate to family-level protections. While US citizens can extend legal inclusion to their spouses through family reunification, they must prove their worthiness and the worthiness of their love before their relationship will be officially recognized by the state. In Unauthorized Love: Mixed-Citizenship Couples Negotiating Intimacy, Immigration, and the State (Stanford UP, 2021), Jane López offers a comprehensive, critical look at US family reunification law and its consequences as experienced by 56 mixed-citizenship American couples. These couples' stories––of integration and alienation, of opportunity and inequality, of hope and despair––make tangible the consequences of current US immigration laws that tend to favor Whiteness, wealth, and heteronormativity, as well as the individual rather than the family unit, in awarding membership and official belonging. In examining the experiences of couples struggling to negotiate intimacy under the constraints of immigration policy, López argues for a rethinking of citizenship as a family affair. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Useful Bullshit: Consitutions in Chinese Politics and Society (Cornell University Press, 2022) Dr. Neil Diamant pulls back the curtain on early constitutional conversations between citizens and officials in the PRC primarily around the first draft constitution in 1954. Scholars have argued that China, like the former USSR, promulgated constitutions to enhance its domestic and international legitimacy by opening up the constitution-making process to ordinary people, and by granting its citizens political and socioeconomic rights. Despite many considering the document "bullshit," successive PRC governments have promulgated it, amending the constitution, debating it at length, and even inaugurating a "Constitution Day." But what did ordinary officials and people say about their constitutions and rights? Did constitutions contribute to state legitimacy? Drawing upon a wealth of archival sources from the Maoist and reform eras, Diamant explores all facets of this constitutional discussion, as well as its afterlives in the late '50s, the Cultural Revolution, and the post-Mao era. Useful Bullshit illuminates how the Chinese government understands and makes use of the constitution as a political document, and how a vast array of citizens—police, workers, university students, women, and members of different ethnic and religious groups—have responded. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Dr. Melcher also lived in Beijing, China for nearly 10 years, and keeps an eye on China-Africa security issues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Law and violence are thought to share an antithetical relationship in postcolonial modernity. Violence is considered the other of law, lawlessness is understood to produce violence, and law is invoked and deployed to undo the violence of lawlessness. Oishik Sircar's book Violent Modernities: Cultural Lives of Law in the New India (Oxford UP, 2021) uses a critical legal perspective to show that law and violence in the New India share a deep intimacy, where one symbiotically feeds the other. Researched and written between 2008 and 2018, the chapters study the cultural sites of literature, cinema, people's movements, popular media and the university to illustrate how law's promises of emancipation and performances of violence live a life of entangled contradictions. The book foregrounds reparative and ethical accounts where law does not only inhabit courtrooms, legislations and judgments, but also lives in the quotidian and minor practices of disobediences, uncertainties, vulnerabilities, double binds and failures. When the cultural lives of law are reimagined as such, the book argues, the violence at the foundations of modern law in the postcolony begins to unravel. Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Camilla Fitzsimons is an activist and a member of the Dublin West Pro Choice group. She works at Maynooth University and is the author of Community Education and Neoliberalism. Sinéad Kennedy is the co-founder of The Coalition to Repeal the Eighth and an executive member of Together for Yes. She works at Maynooth University and is the co-editor of The Abortion Papers, Ireland. In this interview Fitzsimons and Kennedy discuss their new book Repealed: Ireland’s Unfinished Fight for Reproductive Rights (Pluto Press, 2021), a celebration and analysis of a 35-year long grassroots movement that successfully overturned the ban on abortion in Ireland In 1983, the Eighth Amendment to the Irish Constitution created defined legal protections for the “unborn” and led to the Republic of Ireland having one of the strictest abortion regimes in the world, at a time when the rest of western Europe was liberalizing abortion access. In 2018, this constitutional ban that equated the life of a woman to the life of a fertilised embryo was overturned and abortion was finally legalised. This victory for the Irish Repeal movement set the country alight with euphoria. But, for some, the celebrations were short-lived – the new legislation turned out to be one of the most conservative in Europe. People still travel overseas for abortions and services are not yet fully commissioned in Northern Ireland. Repealed traces the history of the origins of the Eighth Amendment, which was drawn up in fear of a tide of liberal reforms across Europe. It draws out the lessons learned from the groundbreaking campaign in 2018, which was the culmination of a 35-year-long reproductive rights movement and an inspiring example of modern grassroots activism. It tells the story of the “Repeal” campaign through the lens of the activists who are still fighting in a movement that is only just beginning. Aidan Beatty is a historian at the Honors College of the University of Pittsburgh Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Jewish World of Alexander Hamilton (Princeton UP, 2021), Andrew Porwancher debunks a string of myths about the origins of this founding father to arrive at a startling conclusion: Hamilton, in all likelihood, was born and raised Jewish. For more than two centuries, his youth in the Caribbean has remained shrouded in mystery. Hamilton himself wanted it that way, and most biographers have simply assumed he had a Christian boyhood. With a detective’s persistence and a historian’s rigor, Porwancher upends that assumption and revolutionizes our understanding of an American icon. This radical reassessment of Hamilton’s religious upbringing gives us a fresh perspective on both his adult years and the country he helped forge. Although he didn’t identify as a Jew in America, Hamilton cultivated a relationship with the Jewish community that made him unique among the founders. As a lawyer, he advocated for Jewish citizens in court. As a financial visionary, he invigorated sectors of the economy that gave Jews their greatest opportunities. As an alumnus of Columbia, he made his alma mater more welcoming to Jewish people. And his efforts are all the more striking given the pernicious antisemitism of the era. In a new nation torn between democratic promises and discriminatory practices, Hamilton fought for a republic in which Jew and Gentile would stand as equals. By setting Hamilton in the context of his Jewish world for the first time, this fascinating book challenges us to rethink the life and legend of America's most enigmatic founder. Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
At the end of the Supreme Court's 2019-20 term, the center was holding. The predictions that the court would move irrevocably to the far right hadn't come to pass, as the justices released surprisingly moderate opinions in cases involving abortion rights, LGBTQ rights, and how local governments could respond to the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-21 term, much about the nation's highest court has changed. The right-wing supermajority had completed its first term on the bench, cementing Donald Trump's legacy on American jurisprudence. This is the story of that term. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the ongoing debate about the role of religion in American life, the Supreme Court has been at the center of many of the biggest events of the year. Throughout Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court (Random House, 2021), legendary journalist Linda Greenhouse, who won a Pulitzer Prize for her Supreme Court coverage, gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. Ultimately, Greenhouse asks a fundamental question relevant to all Americans: Is this still John Roberts's Supreme Court, or does it now belong to Donald Trump? William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Uber's April 2016 launch in Buenos Aires plunged the Argentine capital into a frenzied hysteria that engulfed courts of law, taxi drivers, bureaucrats, the press, the general public, and Argentina's president himself. Economist and anthropologist Juan M. del Nido, who had arrived in the city six months earlier to research the taxi industry, suddenly found himself documenting the unprecedented upheaval in real time. Taxis Vs. Uber: Courts, Markets and Technology in Buenos Aires (Stanford UP, 2021) examines the ensuing conflict from the perspective of the city's globalist, culturally liberal middle class, showing how notions like monopoly, efficiency, innovation, competition, and freedom fueled claims that were often exaggerated, inconsistent, unverifiable, or plainly false, but that shaped the experience of the conflict such that taxi drivers' stakes in it were no longer merely disputed but progressively written off, pathologized, and explained away. This first book-length study of the lead-up to and immediate aftermath of the arrival of a major platform economy to a metropolitan capital considers how the clash between Uber and the traditional taxi industry played out in courtrooms, in the press, and on the street. Looking to court cases, the politics of taxi licenses, social media campaigns, telecommunications infrastructure, public protests, and Uber's own promotional materials, del Nido examines the emergence of "post-political reasoning": an increasingly common way in which societies neutralize disagreement, shaping how we understand what we can even legitimately argue about and how. Sneha Annavarapu is Assistant Professor of Urban Studies at Yale-NUS College. To know more about Sneha's work, please visit www.snehanna.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Saving the International Justice Regime: Beyond Backlash against International Courts (Cambridge University Press, 2021) is at the forefront of a new conceptualization of backlash politics. Dr. Courtney Hillebrecht brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges? This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Helga Nowotny about her new book In AI We Trust: Power, Illusion and Control of Predictive Algorithms (Polity, 2021). One of the most persistent concerns about the future is whether it will be dominated by the predictive algorithms of AI - and, if so, what this will mean for our behaviour, for our institutions and for what it means to be human. AI changes our experience of time and the future and challenges our identities, yet we are blinded by its efficiency and fail to understand how it affects us. At the heart of our trust in AI lies a paradox: we leverage AI to increase our control over the future and uncertainty, while at the same time the performativity of AI, the power it has to make us act in the ways it predicts, reduces our agency over the future. This happens when we forget that that we humans have created the digital technologies to which we attribute agency. These developments also challenge the narrative of progress, which played such a central role in modernity and is based on the hubris of total control. We are now moving into an era where this control is limited as AI monitors our actions, posing the threat of surveillance, but also offering the opportunity to reappropriate control and transform it into care. As we try to adjust to a world in which algorithms, robots and avatars play an ever-increasing role, we need to understand better the limitations of AI and how their predictions affect our agency, while at the same time having the courage to embrace the uncertainty of the future. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Up to Heaven and Down to Hell (Princeton UP, 2021) is a vivid and sometimes heartbreaking account of what happens when one of the most momentous decisions about the well-being of our communities and our planet--whether or not to extract shale gas and oil from the very land beneath our feet--is largely a private choice that millions of ordinary people make without the public's consent. The United States is the only country in the world where property rights commonly extend up to heaven and down to hell, which means that landowners have the exclusive right to lease their subsurface mineral estates to petroleum companies. Colin Jerolmack spent eight months living with rural communities outside of Williamsport as they confronted the tension between property rights and the commonwealth. In this deeply intimate book, he reveals how the decision to lease brings financial rewards but can also cause irreparable harm to neighbors, to communal resources like air and water, and even to oneself. Up to Heaven and Down to Hell casts America's ideas about freedom and property rights in a troubling new light, revealing how your personal choices can undermine your neighbors' liberty, and how the exercise of individual rights can bring unintended environmental consequences for us all. Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mahatma Gandhi said, “Those who believe religion and politics aren't connected don't understand either.” The relationship between religion and state presents complex challenges to liberal democracies around the world. In this work, Gideon Sapir and David Statman
Propose a comprehensive theory about state and religion relations, providing tools to think systematically about questions in this field
Use a clear philosophical underpinning for its analysis
Offer a detailed case study of the arrangements in Israel which encourages sensitivity to the unique circumstances of different countries
State and Religion in Israel: A Philosophical-Legal Inquiry (Cambridge UP, 2019) begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Sapir and Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law (Halakha). The authors test this view by critically examining important topics relevant to state and religion in Israel, such as marriage and divorce, the drafting of yeshiva students into the army, and the character of the Sabbath. Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at reneeg@vanleer.org.il Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Does ‘citizenship’ exist in a socialist or communist context? If it does, what would this mean in the case of Vietnam? To what extent do the Vietnamese state and Vietnamese citizens perceive citizenship differently? And how are those differences negotiated? Why does the wave of recent popular protests in neighbouring countries concern the Vietnamese government? Two lecturers from the University of Passau, Mirjam Le and Franziska Nicolaisen, share and discuss with Linh Phương Lê their findings on these issues. Mirjam Le is a lecturer and PhD researcher in Southeast Asian Studies at the University of Passau, Germany. Her thesis focuses on small town urbanization and the production of urban space in Vietnam. Her research interests involve urbanization and state-society relations in Vietnam, especially processes of self-organization and citizenship. Franziska S. Nicolaisen is a lecturer and research assistant for the chair of Development Economics at the University of Passau in Germany. Her work focuses on sustainable urban mobility in Vietnam. Other research interests include heritage tourism, health governance and social movements in the context of Southeast Asia. This episode is a discussion of their chapter of the same title, published in Vietnam at the Vanguard: New Perspectives Across Time, Space, and Community, edited by Jamie Gillen, Liam Kelley and Phan Le Ha (Springer 2021). Linh Phương Lê is a PhD Researcher at the Institute for Media Studies, KU Leuven University in Belgium. Her work explores the media representation of Vietnamese female migrants to China and Taiwan. A former NIAS-SUPRA scholarship receiver, Linh’s regional focus is on Vietnam and East Asia. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. About NIAS: www.nias.ku.dk Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode, Siobhan talks with Warren Eugene Milteer, Jr. about his book North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020). He is an assistant professor of history at the University of North Carolina at Greensboro. His publications include two academic books, Beyond Slavery’s Shadow: Free People of Color in the South (UNC Press, 2021) and North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020), the independently published Hertford County, North Carolina’s Free People of Color and Their Descendants (2016), as well as articles in the Journal of Social History and the North Carolina Historical Review. Milteer was the recipient of the Historical Society of North Carolina’s R. D. W. Connor Award in 2014 and 2016 for the best journal article in the North Carolina Historical Review. In North Carolina’s Free People of Color, 1715–1885, Warren Eugene Milteer Jr. examines the lives of free persons categorized by their communities as “negroes,” “mulattoes,” “mustees,” “Indians,” “mixed-bloods,” or simply “free people of color.” From the colonial period through Reconstruction, lawmakers passed legislation that curbed the rights and privileges of these non-enslaved residents, from prohibiting their testimony against whites to barring them from the ballot box. While such laws suggest that most white North Carolinians desired to limit the freedoms and civil liberties enjoyed by free people of color, Milteer reveals that the two groups often interacted—praying together, working the same land, and occasionally sharing households and starting families. Some free people of color also rose to prominence in their communities, becoming successful business people and winning the respect of their white neighbors. Milteer’s innovative study moves beyond depictions of the American South as a region controlled by a strict racial hierarchy. He contends that although North Carolinians frequently sorted themselves into races imbued with legal and social entitlements—with whites placing themselves above persons of color—those efforts regularly clashed with their concurrent recognition of class, gender, kinship, and occupational distinctions. Whites often determined the position of free nonwhites by designating them as either valuable or expendable members of society. In early North Carolina, free people of color of certain statuses enjoyed access to institutions unavailable even to some whites. Prior to 1835, for instance, some free men of color possessed the right to vote while the law disenfranchised all women, white and nonwhite included. North Carolina’s Free People of Color, 1715–1885 demonstrates that conceptions of race were complex and fluid, defying easy characterization. Despite the reductive labels often assigned to them by whites, free people of color in the state emerged from an array of backgrounds, lived widely varied lives, and created distinct cultures—all of which, Milteer suggests, allowed them to adjust to and counter ever-evolving forms of racial discrimination. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Viktoriya Kim, Nelia Balgoa, and Beverley Anne Yamamoto's book The Politics of International Marriage in Japan (Rutgers UP, 2021) provides an in-depth exploration and analysis of marriages between Japanese nationals and migrants from three broad ethnic/cultural groups - spouses from the former Soviet Union countries, the Philippines, and Western countries. It reveals how the marriage migrants navigate the intricacies and trajectories of their marriages with Japanese people while living in Japan. Seen from the lens of ‘gendered geographies of power’, the book explores how state-level politics and policies towards marriage, migration, and gender affect the personal power politics in operation within the relationships of these international couples. Overall, the book discusses how ethnic identity intersects with gender in the negotiation of spaces and power relations between and amongst couples; and the role states and structural inequalities play in these processes, resulting in a reconfiguration of our notions of what international marriages are and how powerful gender and the state are in understanding the power relations in these unions. Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Empires of Vice: The Rise of Opium Prohibition across Southeast Asia (Princeton University Press, 2020) Diana Kim situates the regulation of vice at the heart of colonial state building. Through a layered comparison of opium prohibition in Burma, Malaya and Vietnam she shows how petty bureaucrats told stories to one another about opium that incrementally transformed into official problems, which those same bureaucrats and their successors had to solve. Prohibition did not come through grand decisions and decisive moments in old European metropoles and new international organizations so much as it did via accumulated observations and interpretations by thousands of “bad ethnographers” in the British and French imperial civil services. Empires of Vice won the Giovanni Sartori Best Book Award, Qualitative Methods Section of the American Political Science Association, and got honourable mentions from the committees for the Charles Taylor Book Award, Interpretive Methodologies and Methods section of APSA, and the Allan Sharlin Memorial Award, Social Science History Association. This is the fifth episode of New Books in Interpretive Political and Social Science to featuring an exemplary monograph in interpretive political or social science. The others are Natasha Behl on Gendered Citizenship, Lisa Wedeen on Authoritarian Apprehensions, James Scott on Against the Grain, and Sarah Wiebe on Everyday Exposure. To download or stream episodes in the series, please subscribe to our host channel: New Books in Political Science. Nick Cheesman is an associate professor in the Department of Political and Social Change, Australian National University. He is a committee member of the Interpretive Methodologies and Methods group and co-convenes the Interpretation, Method, Critique network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For the past 30 years, a group of Russian scholars have dedicated themselves to uncovering the crimes of Stalinism. Their organization, Memorial, has in that time made great strides in understanding the scale, nature and history of Stalin's repression. On 28 December 2021, Russia's highest court found that Memorial was in violation of the Russian Federation's law regarding "foreign agents" and ordered it to be closed. In this interview, I talked with Benjamin Nathans about Memorial's history, work, and the reasons Putin decided to shut it down now. Nathans, a professor of history at the University of Pennsylvania, has worked with and for Memorial since the 1990s. For more about Memorial, go here. Marshall Poe is the founder and editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In one of the most “exciting and engaging” (Gordon S. Wood) histories of the American founding in decades, Pulitzer Prize–winning historian Joseph J. Ellis offers an epic account of the origins and clashing ideologies of America’s revolutionary era, recovering a war more brutal, and more disorienting, than any in our history, save perhaps the Civil War. For more than two centuries, historians have debated the history of the American Revolution, disputing its roots, its provenance, and above all, its meaning. These questions have intrigued Ellis―one of our most celebrated scholars of American history―throughout his entire career. With this much-anticipated volume, he at last brings the story of the revolution to vivid life, with “surprising relevance” (Susan Dunn) for our modern era. Completing a trilogy of books that began with Founding Brothers, The Cause: The American Revolution and Its Discontents, 1773-1783 (Liveright, 2021) returns us to the very heart of the American founding, telling the military and political story of the war for independence from the ground up, and from all sides: British and American, loyalist and patriot, white and Black. Taking us from the end of the Seven Years’ War to 1783, and drawing on a wealth of previously untapped sources, The Cause interweaves action-packed tales of North American military campaigns with parlor-room intrigues back in England, creating a thrilling narrative that brings together a cast of familiar and long-forgotten characters. Here Ellis recovers the stories of Catherine Littlefield Greene, wife of Major General Nathanael Greene, the sister among the “band of brothers”; Thayendanegea, a Mohawk chief known to the colonists as Joseph Brant, who led the Iroquois Confederation against the Patriots; and Harry Washington, the enslaved namesake of George Washington, who escaped Mount Vernon to join the British Army and fight against his former master. Countering popular histories that romanticize the “Spirit of ’76,” Ellis demonstrates that the rebels fought under the mantle of “The Cause,” a mutable, conveniently ambiguous principle that afforded an umbrella under which different, and often conflicting, convictions and goals could coexist. Neither an American nation nor a viable government existed at the end of the war. In fact, one revolutionary legacy regarded the creation of such a nation, or any robust expression of government power, as the ultimate betrayal of The Cause. This legacy alone rendered any effective response to the twin tragedies of the founding―slavery and the Native American dilemma―problematic at best. Charles Coutinho Ph. D. of the Royal Historical Society, received his doctorate from New York University. His area of specialization is 19th and 20th-century European, American diplomatic and political history. He has written for Chatham House’s International Affairs, the Institute of Historical Research's Reviews in History and the University of Rouen's online periodical Cercles. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Much has been reported and discussed about the hotly debated issue of immigration enforcement, yet a question is still to be explored: What is the impact of the immigration enforcement on schools and our educational system? In Schools Under Siege: The Impact of Immigration Enforcement on Educational Equity (Harvard Education Press, 2021), Patricia Gándara and Jongyeon Ee addressed this question using rich and comprehensive data from their survey and interview studies. More than 6 million school aged children and youths live in a household in which at least one of their close family members is undocumented. Schools Under Siege sheds light on what the immigration enforcement by US Immigration and Customs Enforcement (ICE) means to these children. The book also explores the multi-faceted consequences, both direct and indirect, for their classmates, educators, schools, and communities. Schools Under Siege found that fear, stress, and trauma invoked by the threat of ICE detention and deportation contribute to increased absenteeism, decreased student achievement, and parent disengagement. Bullying becomes more widespread, and a multitude of other effects impact school climate and student health and well-being. Amplifying the burden, these effects are experienced disproportionately in poorly funded districts and Title I schools and are felt more acutely among vulnerable populations such as immigrant students, English language learners, and Latinx students. In this episode, you will hear their findings, with vivid examples, about the challenges that these children encountered living under the fear of being separated from their family members. Many children are American citizens and they faced the challenges of absenteeism, trauma, bully, among other things. Patricia and Jongyeon also discussed various innovative ways that educators come up with to support these students, including the idea of sanctuary schooling. They offer informative suggestions to educators and policy makers and engage the public in understanding the profound challenges schools and educators are facing today in supporting disadvanted and minoritized studenets. Patricia Gándara is research professor and codirector of the Civil Rights Project at UCLA. She is also director of education for the University of California–Mexico Initiative. Jongyeon Ee is an assistant professor at the School of Education, Loyola Marymount University (LMU). Pengfei Zhao is a critical researcher and qualitative research methodologist based at the University of Florida. She is currently working on a book manuscript studying the coming of age experience of rural Chinese youth during and right after the Cultural Revolution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For many Americans, the birth certificate is a mundane piece of paper, unearthed from deep storage when applying for a driver’s license, verifying information for new employers, or claiming state and federal benefits. Yet as Donald Trump and his fellow “birthers” reminded us when they claimed that Barack Obama wasn’t an American citizen, it plays a central role in determining identity and citizenship. In The Birth Certificate: An American History (University of North Carolina Press, 2021), award-winning historian Susan J. Pearson traces the document’s two-hundred-year history to explain when, how, and why birth certificates came to matter so much in the United States. Deftly weaving together social, political, and legal history, The Birth Certificate is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans. Susan J. Pearson is associate professor of history at Northwestern University and the author of The Rights of the Defenseless: Protecting Animals and Children in Gilded Age America. Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On July 17, 2018, starting an unjust war became a prosecutable international crime alongside genocide, crimes against humanity, and war crimes. Instead of collective state responsibility, our leaders are now personally subject to indictment for crimes of aggression, from invasions and preemptions to drone strikes and cyberattacks. Noah Weisbord, The Crime of Aggression: The Quest for Justice in an Age of Drones, Cyberattacks, Insurgents, and Autocrats (Princeton UP, 2019) is Noah Weisbord’s riveting insider’s account of the high-stakes legal fight to enact this historic legislation and hold politicians accountable for the wars they start. Weisbord, a key drafter of the law for the International Criminal Court, takes readers behind the scenes of one of the most consequential legal dramas in modern international diplomacy. Drawing on in-depth interviews and his own invaluable insights, he sheds critical light on the motivations of the prosecutors, diplomats, and military strategists who championed the fledgling prohibition on unjust war—and those who tried to sink it. He untangles the complex history behind the measure, tracing how the crime of aggression was born at the Nuremberg trials only to fall dormant during the Cold War, and he draws lessons from such pivotal events as the collapse of the League of Nations, the rise of the United Nations, September 11, and the war on terror. The power to try leaders for unjust war holds untold promise for the international order, but also great risk. In this incisive and vitally important book, Weisbord explains how judges in such cases can balance the imperatives of justice and peace, and how the fair prosecution of aggression can humanize modern statecraft. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Deportation Express: A History of America Through Forced Removal (University of California Press, 2021) details the history of the United States' systematic expulsion of "undesirables" and immigrants, told through the lives of the passengers who travelled from around the world, only to be locked up and forced out aboard America's first deportation trains. The United States, celebrated as a nation of immigrants and the land of the free, has developed the most extensive system of imprisonment and deportation that the world has ever known. The Deportation Express is the first history of American deportation trains: a network of prison railroad cars repurposed by the Immigration Bureau to link jails, hospitals, asylums, and workhouses across the country and allow forced removal with terrifying efficiency. With this book, historian Ethan Blue uncovers the origins of the deportation train and finds the roots of the current moment, as immigrant restriction and mass deportation once again play critical and troubling roles in contemporary politics and legislation. Ethan Blue is Senior Lecturer in History at the University of Western Australia, and has published widely on the United States and Australian penal systems. Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political Scientist Mark Berlin’s new book, Criminalizing Atrocity: The Global Spread of Criminal Laws Against International Crimes (Oxford UP, 2020), examines the process through which laws against international crimes are established and integrated into the legal regimes of nations. One of the initial questions Berlin hoped to answer with his work was why do countries choose to pass and implement laws about genocide and atrocities—noting that there was no clear tracing of patterns around the world when he first started his research. It becomes clear that there are two prongs to this question, in terms of the answers: how do countries establish and integrate these laws, and why do they choose to do so. Criminalizing Atrocity outlines the answers to these questions, explaining that either countries take up a wholesale reform of their criminal codes, and in the process integrate laws against genocide and atrocities, or countries pass and implement specific laws targeted to atrocities and genocide. Berlin’s research also indicates that the regime type or a regime’s propensity for war do not matter in terms of how these laws are passed and put into action. While there has been codifications and work done in this realm of law for some time, much activity in this area followed World War II and the Nuremberg trials. Criminalizing Atrocity explores this postwar period, when experts in this realm were working to develop legal regimes to address genocide and atrocity crimes. While this postwar period brought some attention to these criminal codes, much more happened as the Cold War came to a conclusion and many countries integrated atrocity laws into their legal regimes. Berlin examines all of this through a multi-method approach, compiling extensive data on individual country’s legal regimes as part of the research, alongside interviews, archival work, and analysis of primary sources. Criminalizing Atrocity will be of interest to a large cross section of scholars, including those who study international law, comparative politics, legal studies, genocide and war crimes, governmental reform, and historians. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Seth Barrett Tillman, an associate professor of law at Maynooth University in Ireland, has written two revisionist articles about an incident from 1809 in North Carolina. In November of that year Jacob Henry was re-elected to the lower house of the North Carolina legislature. A fellow legislator moved to have Henry’s seat declared vacant because Henry purportedly failed the state constitution’s religious test. The next day there was a debate and the motion failed, allowing Henry to keep his seat. This unusual event has been cited by historians for different reasons. Some historians have contended that Henry was the victim of antisemitism and the failure to oust him was a sign that religious toleration had increased in the new nation. Whereas others have contended that the fact Henry was challenged at all demonstrates the bigotry of those who supported the challenge to Henry being seated. Tillman contends that recently unearthed newspaper accounts suggest the complexity and potential motives for the events are far from uncertain. In this interview we discuss Tillman’s two recent articles on this event and what it portends for the historical profession’s reliance upon primary documents to understand the past. Seth Barrett Tillman, A Religious Test in America?: The 1809 Motion to Vacate Jacob Henry’s North Carolina State Legislative Seat—A Re-Evaluation of the Primary Sources, 98(1) North Carolina Historical Review 1–41 (Jan. 2021). Seth Barrett Tillman, What Oath (if any) did Jacob Henry take in 1809?: Deconstructing the Historical Myths, American J. of Legal Hist.(forth. circa Mar. 2022). Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The archives produced by international courts have received little empirical, theoretical or methodological attention within international criminal justice (ICJ) or international relations (IR) studies. Yet, Henry Redwood argues in The Archival Politics of International Courts (Cambridge University Press, 2021), these archives both contain a significant record of past violence, and also help to constitute the international community as a particular reality. As such, this book first offers an interdisciplinary reading of archives, integrating new insights from IR, archival science and post-colonial anthropology to establish the link between archives and community formation. It then focuses on the International Criminal Tribunal for Rwanda's archive, to offer a critical reading of how knowledge is produced in international courts, provides an account of the type of international community that is imagined within these archives, and establishes the importance of the materiality of archives for understanding how knowledge is produced and contested within the international domain. Margot Tudor is a postdoctoral research fellow at the University of Exeter, based in the Politics department. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility: The History and Future of Protection from Atrocities (Princeton UP, 2021), Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena. With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future. Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Intolerable: Writings from Michel Foucault and the Prisons Information Group (1970-1980) (University of Minnesota Press, 2021), edited by Kevin Thompson and Perry Zurn, is a groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France's inhumane treatment of prisoners Founded by Michel Foucault and others in 1970-71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Hélène Cixous and writings by Gilles Deleuze and Jean Genet. These archival documents--public announcements, manifestos, reports, pamphlets, interventions, press conference statements, interviews, and round table discussions--trace the GIP's establishment in post-1968 political turmoil, the new models of social activism it pioneered, the prison revolts it supported across France, and the retrospective assessments that followed its denouement. At the same time, Intolerable offers a rich, concrete exploration of Foucault's concept of resistance, providing a new understanding of the arc of his intellectual development and the genesis of his most influential book, Discipline and Punish. Presenting the account of France's most vibrant prison resistance movement in its own words and on its own terms, this significant and relevant collection also connects the approach and activities of the GIP to radical prison resistance movements today. Kevin Thompson is professor of philosophy at DePaul University. He is author of Hegel’s Theory of Normativity. Perry Zurn is assistant professor of philosophy at American University. He is coeditor of Curiosity Studies: A New Ecology of Knowledge (Minnesota, 2020) and Active Intolerance: Michel Foucault, the Prisons Information Group, and the Future of Abolition. Kirk Meighoo is Public Relations Officer for the United National Congress, the Official Opposition in Trinidad and Tobago. His career has spanned media, academia, and politics for three decades. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We often focus on enslaved people of color but Dr. Warren E. Milteer Jr.’s Beyond Slavery's Shadow: Free People of Color in the South (UNC Press, 2021) directs our attention to the people of color who were free -- and the complex web of intersecting values that led to significant inconsistencies in how they were treated and the institutions they built for themselves. Although many white southerners prized the racial hierarchy, Milteer insists that they also recognized other forms of hierarchy such as “gender, wealth, reputation, occupation, and family connections.” Engaging how these other forms of hierarchy intersected with racial categorization creates a rich history of how free people of color in the South negotiated legal regimes, political ideas, and institutions to carve out as much freedom as possible. Rejecting laws and political rhetoric as the only evidence for discerning the viewpoints of everyday people, Beyond Slavery’s Shadows places everyday people in their wider political and social contexts by drawing from an impressive catalogue of sources. The book accounts for how diverse political and social attitudes could coexist while it provides a remarkable history of law, colonization, taxes, labor, immigration, and gender. Dr. Warren E. Milteer, Jr. is an Assistant Professor of History at the University of North Carolina at Greensboro. He is also the author of North Carolina's Free People of Color, 1715-1885 (LSU Press, 2020). Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What sequence of events led Hong Kong to lose its long-held status as a liberal enclave of China? What drove its population to rise up against its government and confront Beijing? And why did China’s rulers decide to effectively put an end to the freedoms guaranteed under the One-Country-Two-Systems arrangement by imposing in June 2020 a draconian National Security Law designed to eliminate any political opposition that has already led to hundreds of arrests? In Defying the Dragon: Hong Kong and the World’s Largest Dictatorship (Hurst, 2021), the prominent Hong Kong journalist and broadcaster Stephen Vines offers a blow-by-blow account of the 2019-2020 protest movement. The books details the emergence of an increasingly assertive and defiant Hong Kong political identity, the collapse of trust in the Beijing-anointed government, the PRC’s increasingly hands-on assertion of its sovereignty over the territory, and the deteriorating relationship between the West and an overly confident but inwardly insecure Chinese state. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her landmark new book Leaving Iberia: Islamic Law and Christian Conquest in North West Africa (Harvard UP, 2020), Jocelyn Hendrickson launches a searingly brilliant legal history centered on the question of how medieval and early modern Muslim jurists in Iberia and North Africa wrestled with various thorny questions of living under or migrating away from non-Muslim political sovereignty. This book combines meticulous social and political history with nimble and accessible readings of a vast range of sources from the Maliki School of law. What emerges from this exercise is a picture of the Maliki legal tradition in particular and Islamic law more broadly that is unavailable for predictable readings, enormously interesting, and deliciously complex. This lucid book should also be a delight to teach in various graduate and upper level under graduate courses. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize and was selected as a finalist for the 2021 American Academy of Religion Book Award. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Historically, how have marginalized and minority groups pushed the boundaries of representative government to pass legislation that benefits them? Political Scientist Shamira Gelbman, the Daniel F. Evans Associate Professor in Social Sciences at Wabash College, answers this question in her new book, The Civil Rights Lobby: The Leadership Conference on Civil Rights and the Second Reconstruction (Temple UP, 2021). Gelbman examines the history of The Leadership Conference on Civil Rights (LCCR) throughout the 1950s and 60s, teasing out the individuals who engaged in lobbying, advocacy, training, and other capacities to push civil rights legislation forward while also helping to block segregationist and white supremacy advocacy in Congress. Gelbman’s case study of the LCCR uses archival and scholarly resources to paint a picture of the Civil Rights Movement’s policy achievements by evaluating the role of lobbying and coalitional building. The Civil Rights Lobby: The Leadership Conference on Civil Rights and Second Reconstruction begins by exploring what it takes to create coalitional groups and the uniqueness of the political climate of the 20th century. The arguments about coalitional interest groups are presented alongside the informative history of the LCCR and the policy achievements of the Civil Rights Movement. Gelbman uses interest group theory to explain many of the teachings from this case study. Coalitional groups can often function as a “weapon for the weak,” and Gelbman takes notice of both the benefits of interest group lobbying as well as the setbacks of in-fighting between lobbyists in a broad coalition like the LCCR. The work of structuring the coalition, of working through different goals and approaches, is key in understanding the complicated process for moving forward with civil rights policy creation and implementation. The LCCR was made up of a wide array of groups and members, including a diversity of religious organizations, labor unions, and a constellation of civil rights organizations. Gelbman showcases the LCCR as an organization that mobilized professional and grassroots lobbying by distinguishing commonalities among the members to develop broad-based supports for legislators to pursue civil rights legislation. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Who governs political parties? Recent insurgent campaigns, such as those of Donald Trump and Bernie Sanders, have thrust this critical question to the center of political debate for casual observers and scholars alike. Yet the dynamics of modern party politics remain poorly understood. Assertions of either elite control or interest group dominance both fail to explain the Trump victory and the surprise of the Sanders insurgency and their subsequent reverberations through the American political landscape. In True Blues: The Contentious Transformation of the Democratic Party (U Pennsylvania Press, 2021), Adam Hilton tackles the question of who governs parties by examining the transformation of the Democratic Party since the late 1960s. Reconceiving parties as “contentious institutions,” Hilton argues that Democratic Party change was driven by recurrent conflicts between groups and officeholders to define and control party identity, program, and policy. The outcome of this prolonged struggle was a wholly new kind of party—an advocacy party—which institutionalized greater party dependence on outside groups for legitimacy and organizational support, while also, in turn, fostering greater group dependency on the presidency for the satisfaction of its symbolic and substantive demands. Consequently, while the long conflict between party reformers and counter-reformers successfully opened the Democratic Party to new voices and identities, it also facilitated the growth of presidential power, rising inequality, and deepening partisan polarization. Tracing the rise of the advocacy party from the fall of the New Deal order through the presidency of Barack Obama, True Blues explains how and why the Democratic Party has come to its current crossroads and suggests a bold new perspective for comprehending the dynamics driving American party politics more broadly. Adam Hilton is Assistant Professor of Politics at Mount Holyoke College in South Hadley, Massachusetts. He earned his PhD from the Department of Political Science at York University, Toronto. His current research focuses on the relationship between movements, interest groups, and political parties, and the agency of political entrepreneurs in transforming them. In addition to True Blues, he is also working on an edited book with Jessica Hejny, tentatively titled Placing Parties in American Political Development. Joe Renouard is Resident Professor of American Studies and Fei Yi-Ming Journalism Foundation Chair of American Government and Comparative Politics at the Johns Hopkins University School of Advanced International Studies in Nanjing, China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The United States is the world's largest donor of foreign aid, and in this profound analysis, Salvador Santino F. Regilme Jr. demonstrates the links between human rights protections and the provision of US strategic aid in recipient countries. In Aid Imperium: United States Foreign Policy and Human Rights in Post-Cold War Southeast Asia (University of Michigan Press, 2021), Professor Regilme puts forward a "theory of interest convergence" which draws out the way that shared strategic interests between donor and recipient countries have the power to strengthen the legitimacy of domestic recipient governments, but not necessarily in ways that protect physical integrity rights of citizens. Presenting two case studies from The Phillipines and Thailand during the post-cold-war period and also during the global war on terror periods, the book provides a richly researched, intricate understanding of the way that authoritarian governments have continued to benefit from the provision of US aid, while not necessarily improving their human rights records. Salvador Santino F. Regilme Jr. is a Tenured University Lecturer of International Relations at Leiden University, The Netherlands. Find him on twitter @santinoregilme, check out his latest book @AidImperium Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lee B. Wilson is the author of Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660-1783, published by Cambridge University Press in 2021. Bonds of Empire explores how English law gave the institution of slavery its ability to thieve and grow. By looking at how law was practiced, instead of solely focusing on how it was written, Wilson follows the development of the institution of slavery in South Carolina and the English law of slavery in the colony. The day to day legal life of slavery in the colon shows just how much English law was crucial, and not opposed, to the enslavement of people. Dr. Wilson is an Associate Professor at Clemson University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the last 20 years the world's most advanced militaries have invited a small number of military legal professionals into the heart of their targeting operations, spaces which had previously been exclusively for generals and commanders. These professionals, trained and hired to give legal advice on an array of military operations, have become known as war lawyers. In The War Lawyers: The United States, Israel, and Juridical Warfare (Oxford University Press, 2021), Craig Jones examines the laws of war as applied by military lawyers to aerial targeting operations carried out by the US military in Iraq and Afghanistan, and the Israel military in Gaza. This book shows just how important law and military lawyers have become in the conduct of contemporary warfare, and how it is understood. Craig Jones is a Lecturer in Political Geography in the School of Geography, Sociology and Politics at Newcastle University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Taking a multidisciplinary perspective (including public health, sociology, criminology, and political science amongst others), and using examples from across the globe, Alison Ritter's Drug Policy (Routledge, 2021) provides a detailed understanding of the complex and highly contested nature of drug policy, drug policy making and the theoretical perspectives that inform the study of drug policy. It draws on four different theoretical perspectives: evidence-informed policy, policy process theories, democratic theory, and post-structural policy analysis. The use and trade in illegal drugs is a global phenomenon. It is viewed by governments as a significant social, legal, and health problem that shows no signs of abating. The key questions explored throughout this book are what governments and other bodies of social regulation should do about illicit drugs, including drug policies aimed at improving health and reducing harm, drug laws and regulation, and the role of research and values in policy development. Seeing policy formation as dynamic iterative interactions between actors, ideas, institutions, and networks of policy advocates, the book explores how policy problems are constructed and policy solutions selected, and how these processes intersect with research evidence and values. This then animates the call to democratise drug policy and bring about inclusive meaningful participation in policy development in order to provide the opportunity for better, more effective, and value-aligned drug policies. This book will be of great interest to students and scholars of drug policy from a number of disciplines, including public health, sociology, criminology, and political science. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
All nations make rules -- through their constitutions, legislatures, bureaucratic practices – about who counts as a citizen. American by Birth examines the role of the Supreme Court – particularly a ruling from 1898 that is still precedent today. Wong Kim Ark v. United States interpreted the language of the 14th Amendment to answer whether a man born in the United States was a citizen. The Court ruled in favor of Wong Kim Ark and held that the 14th Amendment extends to children of immigrants who were born in the United States. Using the work of legal scholars, political scientists, and historians, Drs. Julie L. Novkov and Carol Nackenoff provide an extended biography of Wong Kim Ark and the historic 1898 landmark case – but also a biography of US Citizenship from the colonies to the present. American by Birth: Wong Kim Ark and the Battle for Citizenship (UP of Kansas, 2021) concludes with an impressive chapter that contextualizes birthright citizenship globally and within the context of American politics and scholarly debates – with an emphasis on the vulnerability of birthright citizenship to indirect and direct change. Dr. Julie L. Novkov is Professor of Political Science and Women’s, Gender, and Sexuality Studies and interim dean of Rockefeller college at the University at Albany, SUNY. She is the author of Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954 (UMichigan, 2008). Dr. Carol Nackenoff is Richter Professor emeritus of Political Science at Swarthmore College. She is the author of The Fictional Republic: Horatio Alger and American Political Discourse (Oxford, 1994). They are also co-editors of Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020) and Statebuilding from the Margins: Between Reconstruction and the New Deal (University of Pennsylvania Press, 2014) Two resources mentioned in the podcast: Tian Atlas Xu’s “Immigration Attorneys and Chinese Exclusion Law Enforcement: The Case of San Francisco, 1882–1930” and the symposium on American by Birth. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the Shadow of the Ivory Tower: How Universities are Plundering our Cities (Bold Type Books, 2021) by Dr. Davarian Baldwin examines the political economy of the American university over the twentieth and twentieth-first centuries. He brings a Black Studies lens to interrogate the ways that universities hide behind the notion of administering public goods to protect their tax-exempt status while generating astronomical profits off of the backs of working-class people, graduate student teachers and researchers, and underpaid and contingent faculty. We discuss the securitization and development implications of growing university wealth and how it engenders forms of radicalized plunder, racist policing, gentrification, and exploitation by the 1%. With a focus on this and more, we talk about what it means to live in the shadow of ivory tower. Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the global movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this Postscript, Susan Liebell and Lilly Goren review this morning’s U.S. Supreme Court decision in Texas SB-8, the oral arguments in last week’s Mississippi abortion case, and the wider issues of the Court’s legitimacy, electoral backlash, ripple effects beyond abortion to marriage equality or protection of sexuality, the effect of a ruling on electoral politics, and the effectiveness of grassroots organizing. We are joined by Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver). Daniella Campos assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today we are joined by William J. Morgan, Professor Emeritus at the University of Southern California, and the author of Sport and Moral Conflict: A Conventionalist Theory (Temple University Press, 2020). In our conversation, we discussed three theories of sports ethics (formalism, internalism/interpretivism, and conventionalism.) We looked at how sports philosophers use historical controversies as test cases for their philosophical theories, but also applied those philosophical approaches to contemporary sports issues including the use of performance enhancing drugs and the payment of college athletes. Sport and Moral Conflict takes sport as a moral laboratory and Morgan wrote it as an extended conversation between theories of sports ethics. Each chapter addresses a different sports philosophical theory: formalism, a broad internalism that centres metaphysical methods, a broad internalism that uses a discourse method, and finally a conventionalist ethical theory of sport. He also outlines what he calls the two duelling conceptions of sport in the early 20th century, an amateur world guided by British public school athletes and a professional world of American scientific sportsmen. These two different sporting conceptions, according to Morgan, shape much of the athletic debate the age. Understanding the different world views of these two schools provides for conventionalists a way of comprehending contemporary moral controversy in sport. The bulk of Morgan’s book is an extensive and fairhanded analysis of alternative theories of sports ethics; the depth of his investigation defies easy summary. He looks closely at formalism and internalism, offering appraisals of these theories that highlight both their successes and their failures. For example, formalists like Bernard Suits not only succeeded in developing very plausible definitions of sports, but in their emphasis on the written rules of sport, also failed to appropriately consider the rules beyond the written rules that guide competitive performances. A close look at a range of test cases allow Morgan to interrogate the different sports philosophy approaches. In 1887, a baserunner that crossed home plate, tackled and held down the catcher which allowed two other runners to score. Was this behaviour permissible, even if it was technically not a rule violation? A formalist approach would have difficulty in dealing with these kinds of rules violation; by contrast, internalists and conventionalists stress the subtextual rules that shape athletes’ behaviours. The baserunners in 1887 were called out. Keith Rathbone is a senior lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history. His book, entitled Sport and physical culture in Occupied France: Authoritarianism, agency, and everyday life, (Manchester University Press, 2022) examines physical education and sports in order to better understand civic life under the dual authoritarian systems of the German Occupation and the Vichy Regime. If you have a title to suggest for this podcast, please contact him at keith.rathbone@mq.edu.au and follow him at @keithrathbone on twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mobility has been central to the American identity—think of the automobile, the perceived freedom that comes with it, the open road—but Black Americans have never possessed the same freedom to move around as whites. From the slave patrols policing the movement of Black Americans in the nineteenth century to the indignities and violence that Blacks suffered on road-trips in the twentieth, Black travelers in the United States have faced violence, indignities, and a confusing and contradictory set of racist rules. This history—the history of the Black experience of travel in the United States—is expertly and beautifully told by Mia Bay in her new book Traveling Black: A Story of Race and Resistance (Harvard UP, 2021) In addition to examining the white-supremacist restrictions on Black travel, Bay—the Roy F. and Jeannette P. Nichols Chair in American History at the University of Pennsylvania—foregrounds how Black Americans coped (The Negro Motorist Green Book is one such example) and even resisted travel segregation. In fact, by putting travel at the center of her analysis, Bay sheds new light on the the civil rights movement. Finally, Bay concludes the book with an epilogue on the continuities into the present, writing that “there's no need to travel back in time to travel Black.” Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How has “cybersecurity” become a catch-all for everything that touches our digital world? In his new book, The Politics of Cybersecurity in the Middle East (Hurst, 2021), Dr. James Shires shows how myriad actors have exploited the prominent yet esoteric nature of the field, appropriating its symbolic power to serve their own interests. In the process, cybersecurity has grown to incorporate a series of seemingly distinct practices. An Assistant Professor at the Institute of Security and Global Affairs at the University of Leiden, Dr. Shires explores four discursive spaces where the language of cybersecurity permeates: cybersecurity as interstate digital conflict, cybersecurity as the protection of human rights, cybersecurity as domestic information control, and cybersecurity as the prevention of foreign interference. Through a close examination of each of these spaces within the Middle East, Dr. Shires deconstructs how various actors disguised value-laden arguments as technological imperatives—and how they reacted when they met resistance from skeptics. He concludes that politics, as much as the essentials of technology, often determines the scope and nature of cybersecurity. John Sakellariadis is a 2021-2022 Fulbright US Student Research Grantee. He holds a master’s degree in public policy from the School of International and Public Affairs at Columbia and a bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Throughout American history, lawmakers have limited the range of treatments available to patients, often with the backing of the medical establishment. The country's history is also, however, brimming with social movements that have condemned such restrictions as violations of fundamental American liberties. This fierce conflict is one of the defining features of the social history of medicine in the United States. In Choose Your Medicine: Freedom of Therapeutic Choice in America (Oxford UP, 2021), Lewis A. Grossman presents a compelling look at how persistent but evolving notions of a right to therapeutic choice have affected American health policy, law, and regulation from the Revolution through the Trump Era. Grossman grounds his analysis in historical examples ranging from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. He vividly describes how activists and lawyers have resisted a wide variety of legal constraints on therapeutic choice, including medical licensing statutes, FDA limitations on unapproved drugs and alternative remedies, abortion restrictions, and prohibitions against medical marijuana and physician-assisted suicide. Grossman also considers the relationship between these campaigns for desired treatments and widespread opposition to state-compelled health measures such as vaccines and face masks. From the streets of San Francisco to the US Supreme Court, Choose Your Medicine examines an underexplored theme of American history, politics, and law that is more relevant today than ever. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Power of Sympathy: Politics and Moral Sentimentalism is based on an in-depth filmed conversation between Howard Burton and Michael Frazer, Senior Lecturer in Political and Social Theory at the University of East Anglia. After a detailed discussion of Prof. Frazer’s intellectual journey, the conversation explores the core ideas behind the sentimentalist theory as outlined in Prof. Frazer’s book called The Enlightenment of Sympathy. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Smashing the Liquor Machine: A Global History of Prohibition (Oxford UP, 2021) is a unique retelling of the history of temperance and prohibition. Rather than focusing on white, rural, conservative American bible-thumpers, Mark Lawrence Schrad contends that the temperance movement was a progressive, international, and revolutionary movement of oppressed-peoples fighting the liquor traffic, through which states and rich capitalists combined to get the lower classes addicted to drink for profit. Schrad shows that the temperance movement was in fact a global pro-justice movement that had an impact in nearly every major country in the world, both developing and developed. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do terror and popularity merge under a dictatorship? How did the Gestapo deal with critics of Nazism? Based on hundreds of secret police case files, Enemies of the People explores the day-to-day reality of political policing under Hitler. Examining the Gestapo's policy of 'selective enforcement', J. Ryan Stackhouse challenges the abiding perception of the Gestapo as policing exclusively through terror. Instead, he reveals the complex system of enforcement that defined the relationship between state and society in the Third Reich and helps to explain the Germans' abiding support for Hitler and their complicity in the regime's crimes. Stories of everyday life in Nazi Germany paint the clearest picture yet of just how differently the Gestapo handled certain groups and actions, and the routine investigation, interrogation, and enforcement practices behind this system. Enemies of the People: Hitler's Critics and the Gestapo (Cambridge UP, 2021) offers penetrating insights into just how reasonable selective enforcement appeared to Germans, and draws unavoidable parallels with the contemporary threat of authoritarianism. Lea Greenberg is a scholar of German studies with a particular focus on German Jewish and Yiddish literature and culture; critical gender studies; multilingualism; and literature of the post-Yugoslav diaspora. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The contemporary opioid crisis is widely seen as new and unprecedented. Not so. It is merely the latest in a long series of drug crises stretching back over a century. In White Market Drugs: Big Pharma and the Hidden History of Addiction in America (U Chicago Press, 2020), David Herzberg explores these crises and the drugs that fueled them, from Bayer's Heroin to Purdue's OxyContin and all the drugs in between: barbiturate "goof balls," amphetamine "thrill pills," the "love drug" Quaalude, and more. As Herzberg argues, the vast majority of American experiences with drugs and addiction have taken place within what he calls "white markets," where legal drugs called medicines are sold to a largely white clientele. These markets are widely acknowledged but no one has explained how they became so central to the medical system in a nation famous for its "drug wars"--until now. Drawing from federal, state, industry, and medical archives alongside a wealth of published sources, Herzberg re-connects America's divided drug history, telling the whole story for the first time. He reveals that the driving question for policymakers has never been how to prohibit the use of addictive drugs, but how to ensure their availability in medical contexts, where profitability often outweighs public safety. Access to white markets was thus a double-edged sword for socially privileged consumers, even as communities of color faced exclusion and punitive drug prohibition. To counter this no-win setup, Herzberg advocates for a consumer protection approach that robustly regulates all drug markets to minimize risks while maintaining safe, reliable access (and treatment) for people with addiction. Accomplishing this requires rethinking a drug/medicine divide born a century ago that, unlike most policies of that racially segregated era, has somehow survived relatively unscathed into the twenty-first century. By showing how the twenty-first-century opioid crisis is only the most recent in a long history of similar crises of addiction to pharmaceuticals, Herzberg forces us to rethink our most basic ideas about drug policy and addiction itself--ideas that have been failing us catastrophically for over a century. David Herzberg is an associate professor of history at the University of Buffalo is also the author of Happy Pills in America from Milltown to Prozac. David is also the co-editor of the journal Social History of Alcohol and Drugs. Jay Shifman is a vulnerable storyteller, a stigma-destroying speaker, and the founder of Choose Your Struggle podcast. A guy in long-term recovery, Jay is dedicated to ending stigma and promoting fact-based education around Mental Health, Substance Misuse & Recovery, and Drug Use & Policy. You can learn more about Jay at his links here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As people reach for social justice and better lives, they create public goods--free education, public health, open parks, clean water, and many others--that must be kept out of the market. When private interests take over, they strip public goods of their power to lift people up, creating instead a tool to diminish democracy, further inequality, and separate us from each other. The Privatization of Everything: How the Plunder of Public Goods Transformed America and How We Can Fight Back (New Press, 2021), by the founder of In the Public Interest, an organization dedicated to shared prosperity and the common good, chronicles the efforts to turn our public goods into private profit centers. The Privatization of Everything connects the dots across a broad spectrum of issues and raises larger questions about who controls the public things we all rely on, exposing the hidden crisis of privatization that has been slowly unfolding over the last fifty years and giving us a road map for taking our country back. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Figures of the Future: Latino Civil Rights and the Politics of Demographic Change (Princeton UP, 2021) examines the “contemporary population politics of national Latino civil rights advocacy.” The book challenges readers to generally understand democratic projections as problematic, political, and manufactured -- and specifically consider the case of how prominent Latino civil rights groups used such projections during the Obama and Trump administrations to “accelerate the when of Latino political power.” Groups like UnidosUS, the League of United Latin American Citizens, and Voto Latino believed that they could mobilize demographic data about the growing Latino population to increase political recognition and respect -- hoping to unify and inspire. But Figures of the Future urges us to be attentive to the manner in which projected demographics can be “objects of aspiration” but also weaponized and sources of frustration. Deploying three main sources of data (participation observation, interviewing, and the collection of primary material) Dr. Michael Rodríguez-Muñiz asks us to see that “it is politics -- not demography -- that governs what we think and feel about ethnoracial demographic change.” We don’t need better data -- we need a more critical and vigilant eye to the political phenomenon. Dr. Michael Rodríguez-Muñiz is an assistant professor of sociology and Latina/Latino studies at Northwestern University. Daniella Campos assisted with and helped inspire this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jeffrey Bachman's edited volume Cultural Genocide: Law, Politics, and Global Manifestations (Routledge, 2019) asks where the boundaries between genocide and other kinds of mass atrocity violence rest and what the stakes are in locating them here rather than there. Bachman, Senior Professorial Lecturer at the American University and a co-host of this podcast, has assembled a wide-ranging set of scholars to consider how and why the label 'cultural genocide' has been so contentious over the past decades. Bachman's own essay (co-written with Lauren Carasik) explains how and why the term was eliminated from early drafts of the UN Convention on the Prevention and Punishment of Genocide. Other essays range from theoretical examinations to contemporary case studies to inquiries about redress and reconciliation. Many highlight little known conflicts or disputes. Collectively, they will challenge the reader to reconsider earlier understandings of genocide and its causes and consequences. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Suspect Communities: Anti-Muslim Racism and the Domestic War on Terror (University of Minnesota Press, 2019) is a powerful reassessment of the U.S. government’s “countering violent extremism” (CVE) program that has arisen in major cities across the United States since 2011. Drawing on an interpretive qualitative study, Nicole Nguyen, Associate Professor at the University of Illinois-Chicago, examines how the concept behind CVE—aimed at combating homegrown terrorism by engaging Muslim community members, teachers, and religious leaders in monitoring and reporting on young people—has been operationalized through the everyday work of CVE actors, from high-level national security workers to local community members, with significant penalties for the communities themselves. By undertaking this analysis, Nicole Nguyen offers a vital window into the inner workings of the U.S. security state and the devastating impact of the CVE program on local communities. In our conversation we discussed counterterrorism policy, radicalization theories, national security trainings and conferences, the difference between anti-Muslim racism and Islamophobia, public objections to CVE, activist resistance, how and why Muslims participate in policing communities, targeting Muslim youth, and the role of schools and teachers. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Amid a string of fall 2021 news reports about past-due exonerations and (white) self-defense that document the limits of racial justice within the U.S. legal system, Pain and Shock in America: Politics, Advocacy, and the Controversial Treatment of People with Disabilities (Brandeis University Press, 2021) becomes an even more relevant and timely book. Dr. Jan Nisbet, who authored the book with contributions from Nancy Weiss, introduces it succinctly: “The story is long, complicated, and filled with questions about society and its ability to care about, protect, and support the most vulnerable citizens. It is a story that calls into question the degree to which people who do not have disabilities can separate themselves from those who do, allowing painful interventions that they themselves would not likely tolerate” (2021, p. 8). If justice is central to evaluations of the social policies and public institutions charged with administering it, disability–as core issue theorized in philosophies of justice–must be centered as well (Putnam et al., 2019). To this end, Pain and Shock in America “intentionally highlights the hard-fought battles of disabled survivors like Jennifer Msumba and disabled-led advocacy organizations like the Autistic Self-Advocacy Network,” as “disabled self-advocates (who also happen to be lawyers)” (Nisbet 2021, p. vii-viii) Shain M. Neumeier and Lydia X.Z. Brown write in the Foreword––themselves appearing in the book as leaders with critical roles. The volume chronicles a nearly half-century saga involving the law, education, psychology, and medical fields as they converge in methods and culture of The Judge Rotenberg Center, a privately-run facility in Massachusetts which, despite six student deaths and consistent frequent citations for abuse and neglect, has been funded by taxpayers from about a dozen states and our nation’s capital as a placement for students with disabilities. Though its use of a self-made electric shock device makes the Judge Rotenberg Center unique in the country and perhaps the world, its institutional history provides a broader if extreme “lens through which we can understand the societal issues facing people with disabilities and their families” (Nisbet 2021, p. 10) Jan Nisbet is professor emeritus at the University of New Hampshire, where she served for ten years as the senior vice provost for research. Before assuming that position, she was the founding director of the Institute on Disability and professor in the Department of Education. She has been principal investigator on many state- and nationally-funded projects related to children and adults with disabilities. Nancy R. Weiss is a faculty member and the Director of the National Leadership Consortium on Developmental Disabilities at the University of Delaware. She is the former Executive Director of TASH, an international advocacy association committed to the full inclusion of people with disabilities. She has more than forty years of experience in the field of intellectual and developmental disabilities and has worked extensively providing community living and positive behavioral supports. Christina A. Bosch is an assistant professor of special education in the Literacy, Early, Bilingual and Special Education Department of the Kremen School of Education and Human Development at California State University Fresno; on Twitter as @DocCABosch Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We tend to think that states can act wrongfully, even criminally. Thus, we also tend to think that states can be held responsible for their acts. They can be made to pay compensation to their victims or suffer penalties with respect to their standing in the international community, and so on. The trouble, though, is that when states are held responsible, the cost of moral repair is transferred to the citizens of the offending state, including citizens who objected to the wrongful acts, may have been unaware of them, or were powerless to prevent them. What could justify this? In Responsible Citizens, Irresponsible States: Should Citizens Pay for their State’s Wrongdoings? (Oxford University Press 2021), Avia Pasternak develops a new defense of the idea that citizens have a duty to share in the burdens of their state’s wrongdoing. However, Avia also addresses the practical moral complexities of state wrongdoing, and defends a context-sensitive framework for distributing the burden. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This new book by James Kapaló and Kinga Povedák explores the complex intersection of secret police operations and the formation of the religious underground in communist-era Eastern Europe. In sixteen chapters, The Secret Police and the Religious Underground in Communist and Post-Communist Eastern Europe (Routledge, 2021) looks at how religious groups were perceived as dangerous to the totalitarian state whilst also being extremely vulnerable and yet at the same time very resourceful. In this podcast James and Kinga talk about what is special about secret police archives and how they allow us to explore the material culture, including things like photographs and food, of clandestine and secretive communities. They argue that stories from the archives continue to shape present day religious communities and postsocialist societies more generally as well as reflecting upon what comparing movements from eight different countries shows us that we might miss from looking just at one or two case studies. Roland Clark is a Senior Lecturer in Modern European History at the University of Liverpool, President of the Society for Romanian Studies, and a Senior Fellow with the Centre for Analysis of the Radical Right. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eric Berkowitz has written a short history of a censorship, a large topic that has been a phenomenon since the advent of recorded history. In Dangerous Ideas: A Brief History of Censorship in the West from the Ancients to Fake News (Beacon Press, 2021), Berkowitz reviews the motives and methods of governments, religious authorities, and private citizens to quell freedom of thought and expression. One theme Berkowitz reveals is how ineffective many censorship efforts have been. For example, after the printing press multiplied the sources available to readers and the opportunities for the Church and governments to suppress books and pamphlets, the attempts to censor speech served to heighten interest and encourage more dissent, creating profitable black markets for forbidden topics. Some publishers actually encouraged authors to write something likely to be forbidden. Yet, Berkowitz forthrightly acknowledges the dangers under which free thinker have lived and continue to live in our contemporary world. The dangers of daring to express oneself are present not only in authoritarian polities but in our own, and Berkowitz’s history seeks to reveal the common motives of censors and their targets. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
After One Hundred Winters: In Search of Reconciliation on America's Stolen Lands (Princeton UP, 2021) confronts the harsh truth that the United States was founded on the violent dispossession of Indigenous people and asks what reconciliation might mean in light of this haunted history. In this timely and urgent book, settler historian Margaret Jacobs tells the stories of the individuals and communities who are working together to heal historical wounds—and reveals how much we have to gain by learning from our history instead of denying it. Jacobs traces the brutal legacy of systemic racial injustice to Indigenous people that has endured since the nation’s founding. Explaining how early attempts at reconciliation succeeded only in robbing tribal nations of their land and forcing their children into abusive boarding schools, she shows that true reconciliation must emerge through Indigenous leadership and sustained relationships between Indigenous and non-Indigenous people that are rooted in specific places and histories. In the absence of an official apology and a federal Truth and Reconciliation Commission, ordinary people are creating a movement for transformative reconciliation that puts Indigenous land rights, sovereignty, and values at the forefront. With historical sensitivity and an eye to the future, Jacobs urges us to face our past and learn from it, and once we have done so, to redress past abuses. Drawing on dozens of interviews, After One Hundred Winters reveals how Indigenous people and settlers in America today, despite their troubled history, are finding unexpected gifts in reconciliation. Brady McCartney is a scholar of religion, history, and environmental studies at the University of Florida. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Exposing ethical dilemmas of neuroscientific research on violence, this book warns against a dystopian future in which behavior is narrowly defined in relation to our biological makeup. Biological explanations for violence have existed for centuries, as has criticism of this kind of deterministic science, haunted by a long history of horrific abuse. Yet, this program has endured because of, and not despite, its notorious legacy. Today's scientists are well beyond the nature versus nurture debate. Instead, they contend that scientific progress has led to a natureandnurture, biological and social, stance that allows it to avoid the pitfalls of the past. In Conviction: The Making and Unmaking of the Violent Brain (Stanford UP, 2021), Oliver Rollins cautions against this optimism, arguing that the way these categories are imagined belies a dangerous continuity between past and present. The late 80s ushered in a wave of techno-scientific advancements in the genetic and brain sciences. Rollins focuses on an often-ignored strand of research, the neuroscience of violence, which he argues became a key player in the larger conversation about the biological origins of criminal, violent behavior. Using powerful technologies, neuroscientists have rationalized an idea of the violent brain--or a brain that bears the marks of predisposition towards "dangerousness." Drawing on extensive analysis of neurobiological research, interviews with neuroscientists, and participant observation, Rollins finds that this construct of the brain is ill-equipped to deal with the complexities and contradictions of the social world, much less the ethical implications of informing treatment based on such simplified definitions. Rollins warns of the potentially devastating effects of a science that promises to "predict" criminals before the crime is committed, in a world that already understands violence largely through a politic of inequality. C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Craig W. Stevens' book The Drug Expert: A Practical Guide to the Impact of Drug Use in Legal Proceedings (Academic Press, 2021) targets academic and industry pharmacologists, pharmacology graduate students, and professionals and students of affiliated disciplines, such as pharmacy and toxicology. Users will find it to be an invaluable reference for those involved in the field. In addition, pharmacists and others who increasingly serve as expert witnesses and toxicologists will find an array of very useful information. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sovereignty is the vital organizing principle of modern international law. Daniel Lee's book The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations (Oxford UP, 2021) examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law. Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King’s College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Work of Rape (Duke UP, 2021), Rana M. Jaleel argues that the redefinition of sexual violence within international law as a war crime, crime against humanity, and genocide owes a disturbing and unacknowledged debt to power and knowledge achieved from racial, imperial, and settler colonial domination. Prioritizing critiques of racial capitalism from women of color, Indigenous, queer, trans, and Global South perspectives, Jaleel reorients how violence is socially defined and distributed through legal definitions of rape. From Cold War conflicts in Latin America, the 1990s ethnic wars in Rwanda and Yugoslavia, and the War on Terror to ongoing debates about sexual assault on college campuses, Jaleel considers how legal and social iterations of rape and the terms that define it—consent, force, coercion—are unstable indexes and abstractions of social difference that mediate racial and colonial positionalities. Jaleel traces how post-Cold War orders of global security and governance simultaneously transform the meaning of sexualized violence, extend US empire, and disavow legacies of enslavement, Indigenous dispossession, and racialized violence within the United States. Work of Rape is the recipient of Duke University Press Scholars of Color First Book Award. Rana M. Jaleel is Associate Professor in the Department of Gender, Sexuality, and Women's Studies at the University of California, Davis, where she is also the Faculty Advisor for the Sexuality Studies Minor. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Jessie Barton Hronešová’s new book, The Struggle of Redress: Victim Capital in Bosnia and Herzegovina (Palgrave Macmillan, 2020), she explores pathways to redress for main groups of victims/survivors of the 1992-5 Bosnian war —families of missing persons, victims of torture, survivors of sexual violence, and victims suffering physical disabilities and harm. The author traces the history of redress-making for each of these groups and shows how differently they have been treated by Bosnian authorities at the state and subnational level. In Bosnia and Herzegovina, thousands of war victims have had to suffer re-traumatising ordeals in order to secure partial redress for their suffering during 1992–1995 and after. While some, such as victims of sexual violence, have been legally recognised and offered financial and service-based compensation, others, such as victims of torture, have been recognized only recently with a clear geographical limitation. The main aim of the book is to explore the politics behind recognizing victimhood and awarding redress in a country that has been divided by instrumentalized identity cleavages, widespread patronage and debilitating war legacies. Jessie Barton Hronešová is currently a Marie Sklodowska-Curie Global Fellow at UNC-Chapel Hill and Ca' Foscari University. Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing. Radha Kumar is Assistant Professor of History at the Maxwell School in Syracuse University. Dr. Kumar holds a PhD in History from Princeton University, where she specialized in Modern South Asian Studies. She has conducted archival research in a range of cities including Madurai, Tirunelveli, Bangalore, Chennai, Delhi, and London, and was supported by the History Department at Princeton University and by the Princeton Institute for International and Regional Studies. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Steven P. Brown, professor of political science at Auburn University, has written a history of notable U.S. Supreme Cases and justices that hailed from Alabama. In Alabama Justice: The Cases and Faces That Changed a Nation (U Alabama Press, 2020), Brown reviews eight landmark cases which originated in Alabama and were eventually reviewed by the U.S. Supreme Court. Although most of these cases were reflective of the civil rights issues endemic to Alabama and other states in the American South of the mid-twentieth century, not all are race related. For example, a notable gender equity case, Frontiero v. Richardson, which was concerned with benefits discrimination based on gender, was an important decision in the history of women’s rights. Brown also reviews the lives and times of three Supreme Court justices, John McKinley, John Archibald Campbell, and Hugo Black. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
An earlier Postscript explained what was at stake for concealed carry laws in a case before the U.S. Supreme Court – and guessed at what the oral arguments might reveal. Now that arguments have been heard in New York State Rifle & Pistol Association v. Bruen, three legal scholars join the podcast to analyze the oral argument. Even if you are not a SCOTUS junky -- this conversation is important because 80 million (or 25% of) Americans may have their democratically crafted gun laws overturned by the decision of 9 justices. Jacob D. Charles is the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. His extensive public-facing scholarship includes a new piece in the Washington Post’s Monkey Cage, “Supreme Court justices sounded suspicious of New York’s gun law. Here’s what might come next.” Eric Ruben is an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow. Working at the intersection of criminal law, legal ethics, and the Second Amendment, his scholarship has been published in law reviews such as California, Duke and Georgetown as well as public facing outlets like The Atlantic, New York Times, Vox, Jurist, The Conversation, and Scotusblog. He organized -- and contributed scholarship to the 2021 Brennan Center Report, Protests, Insurrection, and the Second Amendment. Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). Among his numerous law review articles is “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) in which he and Reva Siegel interrogate the impact of gun rights on free speech. Recently, he has been a guest on the podcast Strict Scrutiny, contributed to the New York Times and NPR reporting of the case. Joseph and Eric’s recent op ed, “No, courts don’t treat the Second Amendment as a ‘second-class right’: The latest gun-rights case may hinge on some conservatives’ sense of victimhood” just appeared in the Washington Post. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1850 Charles Dickens wrote that Great Britain had “no political police,” adding that “the most rabid demagogue” could speak out “without the terror of an organised spy system.” In his book State Surveillance, Political Policing, and Counter-Terrorism in Britain: 1880-1914 (Boydell Press, 2021), Vlad Solomon describes how Britain gradually developed a system of “high policing” during the late Victorian and Edwardian eras that contradicted Britons’ popular belief in their tolerant society. As Solomon demonstrates, contrary to Dickens’s blithe assurance, Britain had irregularly employed political policing prior to the 1880s. The threat posed by Fenian terrorism, however, compelled the British home secretary, William Harcourt, to create a specialized section of the London Metropolitan Police in response. This evolved into Special Branch, which subsequently found its remit expanded to include monitoring political radicals, aliens, and even militant suffragists. Yet despite their increased range of duties, the number of detectives assigned to such tasks remained limited until espionage concerns and the prospect of war prompted the government to overhaul political policing with the creation of a new agency – the future MI5 – in order to provide more effective monitoring of the political threats facing the country. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Of the dozens of juicy questions for future inquiry that Dr. Michelle Nario-Redmond provides at the end of Ableism: The Causes and Consequences of Disability Prejudice (Published by Wiley in 2021), the following stands out the most to me, in my various group-membership roles: How do we build common ground between disadvantaged groups for effective cross-impairment coalitions? Though it seemed impossible for this question to feel any more urgent after over a year and a half of COVID-19 and the parallel prominence of social movements to make Black Lives Matter, a recent article by my latest author crush unpacking a profoundly intersectional moment in the meme culture of what we should be calling (thanks to Neal Stephenson’s 30-year old book) Metaverse 1.0 – AKA social media, especially those platforms now owned by the maybe-monopoly formerly known as Facebook – reminded me again of the immense possibilities of disability as a political identity (see Annamma & Morrison, 2018, particularly the footnotes for more background on this). Nicole Froio’s article-that-should-become-a-book extrapolates from a celebrity’s (whack!) Instagram post as an exemplification of what the writer dubs the masculine “performativity of doing the least,” in which the “‘model’ heterosexual family consists of an all-sacrificing mother, a paternalistic father, and children free from disability.” The timing of Froio’s deft analysis and the 34,000 likes it has garnered–compared to the upwards of 2 million bestowed upon the post in question—remind me of beloved if nuclear boomer Bill Maher’s synchronous editorial segment comparing “model citizen” Greta Thunburg (who is autistic), with 13 million followers, to the “model” (capitalist straight femme normate) Kylie Jenner, with 279 million. Christina Anderson Bosch is an assistant professor of special education at the California State University, Fresno, also on Twitter @DocCABosch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her multilayered and thoroughly researched new book The Mosques of Colonial South Asia: A Social and Legal History of Muslim Worship (I. B. Tauris, 2021), Sana Haroon examines the interaction and intersection of varied legal regimes, devotional practices, and conceptions of sacred space invested in the institution and structure of the mosque in South Asia. This book combinies dense yet markedly accessible archival research with the close reading of a range of texts and legal/political strivings of a range of previously unexplored actors, including prayer leaders, scholars, mosque managers, lawyers, colonial magistrates, and local notables. Through this exercise, Haroon documents in vivid detail the aspirations and ambiguities that drove a variety of claims over the meaning and place of the mosque in South Asian Islam and Muslim identity during the colonial moment fraught with vigorous intra-Muslim and interreligious contestations over this question. Lucidly composed and theoretically invasive, this book is sure to spark important conversations among scholars from a range of academic fields and disciplines. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize and was selected as a finalist for the 2021 American Academy of Religion Book Award. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When Americans conjure the image of the signing of the Constitution of the United States, they often think about the various paintings that depict the Founders looking to George Washington on the dais at the convention. It is this snapshot of history that embodies Americans’ perceptions of the Founders and their conviction in the creation of the great nation. What Americans fail to understand about America’s Founding is the overwhelming anxieties that many of the Founders experienced, especially as they lived in the new republic that they had created. Not only did they find themselves anxious about the future of the new country, but many were also explicitly pessimistic about the future that they noted in so much of their later writings and letters. Dennis C. Rasmussen, in his new book Fears of a Setting Sun: The Disillusionment of American Founders, addresses this gap in research on the American Founding, and on the Founders themselves. Washington, Hamilton, Adams, Jefferson, and Madison all wondered whether the system they had worked to establish, build, and defend would live beyond their own generation. In Fears of a Setting Sun: The Disillusionment of America's Founders (Princeton UP, 2021), Rasmussen explores the enduring arguments made by George Washington, Thomas Jefferson, Alexander Hamilton, and John Adams that convinced them of America’s inevitable demise. Modern Americans conceptualize the founding of the United States as an isolated moment in time, and rarely consider the reality of how the Founders spent the remainder of their lives putting the Constitution to work. Rasmussen places the founders’ fears in context of the ongoing chaos of the late 1700’s where other countries were facing revolution, treason, and anarchy. Fear of a Setting Sun’s purpose is not to disregard the founders’ optimism in the system they created, and in fact the book heralds James Madison’s lifelong optimism and belief that the American experiment would prevail—though he is at odds with the other major Founders in this regard. Fear of a Setting Sun explores the Founders’ disillusionment in order to provide a fuller meaning of American constitutionalism and the value that is formed in its implementation. Rasmussen provides a perspective that changes what scholars and the general public believe and know about the founding of the republic, the historical stakes at the time of the founding, and how the Founders generally grew more pessimistic over time about the potential for the new republic to achieve its great potential. This book will be of interest to political scientists, historians, students and scholars of the founding period and the ideas and personalities that dominated the early days of the American republic. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary (Cambridge UP, 2020) tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point clear: for good or bad, politics are critical to how judges are selected and whose interests they ultimately represent. Adam Bonica is Associate Professor in the Department of Political Science at Stanford University. His research has been published in journals such as the American Journal of Political Science, Political Analysis, Journal of Economic Perspectives, Journal of Law, Economics, and Organization, and JAMA Internal Medicine. Maya Sen is Professor of Public Policy at Harvard University's John F. Kennedy School of Government. Her research has been published in journals such as the American Political Science Review, the American Journal of Political Science, and the Journal of Politics, and has been covered by the New York Times, the Washington Post, The Economist, National Public Radio, and other outlets. Ursula Hackett is Senior Lecturer in Politics at Royal Holloway, University of London. Her Cambridge University Press book America's Voucher Politics: How Elites Learned to Hide the State won the 2021 Education Politics and Policy Best Book Award from the American Political Science Association. Her writing guide Brilliant Essays is published by Macmillan Study Skills. She tweets @UrsulaBHackett. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Epicurean Republic is based on an in-depth filmed conversation between Howard Burton and award-winning author and independent scholar Matthew Stewart. In his later years, Thomas Jefferson referred to “the revolutionary part of the [American] Revolution”, which for him meant the founding ideals that would serve as a model for the world on how to build a modern state, as opposed to an incidental squabble between one country and its former colonists. This wide-ranging conversation explores how many of these ideals that Jefferson referred to are part of an intellectual thread that passes through key Enlightenment thinkers such as Spinoza and can be traced all the way back to Epicurus. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Simon Egbert and Matthias Leese's Criminal Futures: Predictive Policing and Everyday Police Work (Routledge, 2020) explores how predictive policing transforms police work. Police departments around the world have started to use data-driven applications to produce crime forecasts and intervene into the future through targeted prevention measures. Based on three years of field research in Germany and Switzerland, this book provides a theoretically sophisticated and empirically detailed account of how the police produce and act upon criminal futures as part of their everyday work practices. The authors argue that predictive policing must not be analyzed as an isolated technological artifact, but as part of a larger sociotechnical system that is embedded in organizational structures and occupational cultures. The book highlights how, for crime prediction software to come to matter and play a role in more efficient and targeted police work, several translation processes are needed to align human and nonhuman actors across different divisions of police work. Police work is a key function for the production and maintenance of public order, but it can also discriminate, exclude, and violate civil liberties and human rights. When criminal futures come into being in the form of algorithmically produced risk estimates, this can have wide-ranging consequences. Building on empirical findings, the book presents a number of practical recommendations for the prudent use of algorithmic analysis tools in police work that will speak to the protection of civil liberties and human rights as much as they will speak to the professional needs of police organizations. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, and cultural studies as well as to police practitioners and civil liberties advocates, in addition to all those who are interested in how to implement reasonable forms of data-driven policing. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On 16 August 2021, Muhyiddin Yaseen resigned as Prime Minister of Malaysia, with Ismail Sabri Yaakub sworn in as the new Prime Minister a week later, making him Malaysia’s third Prime Minister in two years. This marked the return to power of UMNO, or the United Malays National Organisation, and the graft-tainted coalition that had been ousted from power in 2018. Meanwhile, another former Prime Minister, Najib Razak, is eyeing a return to Parliament, notwithstanding a conviction and 12-year prison sentence for abuse of power and ongoing trials for corruption. His wife Rosmah Mansur is also now facing three corruption charges. Associate Professor Salim Farrar joins Dr Natali Pearson on SSEAC Stories to talk about corruption and the politics of public prosecution in Malaysia, surveying the landscape of law and justice in Malaysia now and beyond, through a re-evaluation of Vision 2020. About Salim Farrar: Salim Farrar is Director of Islamic Law, an Associate Director of the Centre for Asian and Pacific Law at the University of Sydney and an Associate Professor in the Sydney Law School. He researches in Comparative and Islamic Laws, with focuses on law and development in predominantly Muslim states, the legal accommodation of Muslim minorities and the Malaysian legal system (especially in criminal justice). His most recent published research explores law and justice in Malaysia post the 2018 GE14. He is the joint editor (with Paul Subramaniam) of ‘Law and Justice in Malaysia: 2020 and Beyond’ (2021, Thomson Reuters), editor of ‘Law and Development in the Islamic World’ Law and Development Review (Special Edition), Vol 13 (2) (2020) and joint author (with Ghena Krayem) of ‘Accommodating Muslims under Common Law’ (2017, 2018, Routledge). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1917, the adoption of the revolutionary Mexican Constitution and the October Revolution shook the foundations of international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, particularly to foundational concepts of property, statehood and non-intervention, and the role of law itself. Revolutions in International Law: The Legacies of 1917 (Cambridge UP, 2021) asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle, global anti-imperialist and anti-racism movements to this day. Listen in and see how these complex events shaped international law, human rights and anti-imperialist movements globally. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Don F. Selby’s Human Rights in Thailand (U Pennsylvania Press, 2018) is a rich anthropological study of the emergence of human rights in Thailand at a national scale following the adoption of the 1997 “People’s Constitution” and establishment of the Human Rights Commission of Thailand. The book argues that what gave emergent human rights in Thailand their shape, force, and trajectories are the ways that advocates engaged, contested, or reworked debates around Buddhism in its relationship to rule and social structure; political struggle in relation to a narrative of Thai democracy that disavowed egalitarian movements; and traditional standards of social stratification and face-saving practices. In this way, human rights ideals in Thailand emerge less from global-local translation and more as a matter of negotiation within everyday forms of sociality, morality, and politics. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bend. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When Americans talk about guns, they often use terms like “gun rights” or “gun control.” They also tend to separate gun politics and the politics of the police. In Policing and the Second Amendment: Guns, Law Enforcement, and the Politics of Race (Princeton University Press, 2021), Jennifer Carlson identifies the inaccuracies of both. She provides two alternative narratives of American “gun talk” -- gun militarism and gun populism -- that clarify the stakes in today’s gun debates.. Based on her extensive research – using local and national newspapers, interviews with police chiefs, and observations made at gun licensing boards – she insists these two discourses reveal how race shapes both how gun politics unfold and how gun policies are created to differentiate between legitimate violence and criminal violence. Coercive social control is organized by racialized understandings of gun violence. Carlson demonstrates the roles that the NRA, police chiefs, and gun administrators play in distinguishing the boundaries of legitimate violence for both private and public gun owners. For her, linking the politics of guns with the politics of the police clarifies our political and policy debates -- as well as the complex terrain negotiated each day between police and private civilians in our social lives. Dr. Jennifer Carlson is an Associate Professor of Sociology, Government, & Public Policy at the University of Arizona. Her remarkable earlier book, Citizen-Protectors: The Everyday Politics of Guns in an Age of Decline (Oxford, 2015), has shaped the study of how guns impact American society in multiple fields. Her public facing scholarship includes commentary in the Los Angeles Times, Wall Street Journal, and Washington Post. Daniella Campos assisted with this podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Clustered Injustice and The Level Green (Legal Action Group, 2020), Professor Luke Clements tackles the problem of the way in which "our legal system generates and exacerbates disadvantage." Examining the interconnectedness of disadvantage faced by many minorities - such as people who are homeless, Roma, Gypsies and Travelling people, disabled people, those within the criminal justice system, people who are chronically poor and more - he makes an argument that law segregates individuals' problems into isolated incidences, but rather than solving problems, this segregation exacerbates disadvantage. Injustice is clustered, it is interconnected and law, policy and bureaucracies' failure to recognise this keeps people in positions of relative disadvantage and limits their opportunities to flourish in their own conception of the good life. However, it is not all bad news. building on a wealth of professional experience and theoretical insight, Luke offers a roadmap for reform. He seeks to imagine a better system which would be better not just for those who face disadvantage, but for all members of the community. Luke is the Cerebra Professor of Law and Social Justice at the School of Law, Leeds University. He practised as a solicitor between 1981 and 2021 and in that capacity had conduct of a number of cases before the European Commission and Court of Human Rights. In 1996 he was the solicitor who took the first Roma case to reach the Strasbourg Court Buckley v. UK (1996) Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did reproductive justice—defined as the right to have children, to not have children, and to parent—become recognized as a human rights issue? In Reproductive Rights as Human Rights: Women of Color and the Fight for Reproductive Justice (New York University Press, 2020), Zakiya Luna highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. Focusing on SisterSong, an intersectional reproductive justice organization, Luna shows how, and why, women of color mobilized around reproductive rights in the domestic arena. She examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States, a country hostile to the concept of human rights at home. An indispensable read, Reproductive Rights as Human Rights provides a much-needed intersectional perspective on the modern-day reproductive justice movement. Dr. Nicole Bourbonnais is an Associate Professor of International History and Politics and Co-Director of the Gender Centre at the Graduate Institute of International and Development Studies in Geneva, Switzerland. Her research explores reproductive politics and practice from a transnational historical perspective. More info here. Twitter: @iheid_history and @GC_IHEID Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Quest for Freedom is based on an in-depth filmed conversation between Howard Burton and intellectual historian Quentin Skinner, Barber Beaumont Professor of the Humanities at Queen Mary University of London. Quentin Skinner is considered to be one of the founders of the Cambridge School of the history of political thought. This thoughtful, detailed conversation examines how Quentin Skinner came to appreciate the importance of the distinction between the modern view of freedom and the so-called neo-Roman view, together with what it implies for our current and future political understanding. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There is romance in stealing from the rich to give to the poor, but how does that change when those perceived rich are elderly white North Americans and the poor are young Black Jamaicans? In this innovative ethnography, Jovan Scott Lewis tells the story of Omar, Junior, and Dwayne. Young and poor, they strive to make a living in Montego Bay, where call centers and tourism are the two main industries in the struggling economy. Their experience of grinding poverty and drastically limited opportunity leads them to conclude that scamming is the best means of gaining wealth and advancement. Otherwise, they are doomed to live in “sufferation”—an inescapable poverty that breeds misery, frustration, and vexation. In the Jamaican lottery scam run by these men, targets are told they have qualified for a large loan or award if they pay taxes or transfer fees. When the fees are paid, the award never arrives, netting the scammers tens of thousands of U.S. dollars. Through interviews, historical sources, song lyrics, and court testimonies, Lewis examines how these scammers justify their deceit, discovering an ethical narrative that reformulates ideas of crime and transgression and their relationship to race, justice, and debt. Scammer's Yard: The Crime of Black Repair in Jamaica (U Minnesota Press, 2020) describes how these young men, seeking to overcome inequality and achieve autonomy, come to view crime as a form of liberation. Their logic raises unsettling questions about a world economy that relegates postcolonial populations to deprivation even while expecting them to follow the rules of capitalism that exacerbate their dispossession. In this groundbreaking account, Lewis asks whether true reparation for the legacy of colonialism is to be found only through radical—even criminal—means. Jovan Scott Lewis is Associate Professor and Chair of Geography at the University of California, Berkeley. Alize Arıcan is a Postdoctoral Associate at Rutgers University's Center for Cultural Analysis. She is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, Radical Housing Journal, and entanglements: experiments in multimodal ethnography. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political Scientist Renee Ann Cramer’s newest book Birthing a Movement tells the stories of American midwives and their battle for reproductive rights, legal intervention, and mobilization. This book is grounded in over a decade’s worth of empirical and qualitative data that illustrates the ways that gender, state regulations, health policy, law, and social movements intersect within the profession and advocation of midwives. Cramer uses the power of the personal narrative to expose the patchwork and fragmented nature of reproductive care in the United States, with a particular focus on the way that midwives do and don’t fit into the birthing process. Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care (Stanford UP, 2021) examines the legal and regulatory morass that certified professional midwives (CPM) face across the United States. Cramer explains the distinctions between CPM and certified nurse midwives (CNM) and how these two groups of differently trained midwives are differently treated by different laws in the various states across the country. Midwifery is part of the larger umbrella category of reproductive care in the United States, which is fragmented in a number of different policy areas, including access to abortion and pre- and post-natal care. Cramer’s multi-method approach to the research also provides the reader with an understanding of the distinctions between care available in urban or suburban parts of the country in contrast to the rural parts of America, where medical care is harder to come by and often far away from where individuals live and work. This is even more problematic around reproductive care, since, as Cramer notes in our conversation, the healthcare crisis in rural America is really a maternity care crisis. This crisis has been made more acute, of late, by the efforts to undermine or shutter Planned Parenthood centers, leading to what are essentially healthcare “deserts” in parts of the U.S. The focus of Birthing a Movement, the capacity and regulation of midwives in the United States, also brings to the surface broader issues about the medical-industrial complex, including the way that this very natural process, the birth of a child, has been mechanized and has also led to substantial forms of intervention in the process itself. The mortality rates in the United States are higher than in other developed/industrialized countries, and these rates are disproportionate across the population, with much higher rates for women and children of color. Cramer dives into the research on how institutionalized racism is embedded in the birthing process, as it is in so many other aspects of American society and, specifically, healthcare. Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care weaves together research from across a host of different academic disciplines and presents the reader with an accessible and captivating understanding of the legal, regulatory, and policy complexities of midwifery and reproductive health in the United States. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How has the use of big data and algorithms changed policing and police surveillance? On this episode, we speak with Dr. Sarah Brayne, Assistant Professor of Sociology at the University of Texas at Austin, about her new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2020). She explains how an interest in mass incarceration led her to study police surveillance and eventually do ethnographic research with the LAPD. She describes how her gender and status as potential “pencil geek” affected how police officers responded to her, and how officers themselves had mixed responses to the use of big data and algorithms in policing. She then talks about her ongoing relationships with research participants and the most impactful experiences in her fieldwork with police that didn’t make her book: the sadness of repeatedly dealing with people who are having the worst days of their life. Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Firepower: How the NRA Turned Gun Owners into a Political Force (Princeton, 2021) explores the scope and power of one of America’s most influential interest groups. Despite widespread public support for stricter gun control laws, the National Rifle Association has consistently managed to defeat or weaken proposed regulations. Firepower provides an unprecedented look at how this controversial organization built its political power and how it has deployed it on behalf of its pro-gun agenda.
Taking readers from the 1930s to the age of Donald Trump, Matthew Lacombe traces how the NRA’s immense influence on national politics arises from its ability to shape the political outlooks and actions of its followers. He draws on nearly a century of archival records and surveys to show how the organization has fashioned a distinct worldview around gun ownership and used it to mobilize its supporters. Lacombe reveals how the NRA’s cultivation of a large, unified, and active base has enabled it to build a resilient alliance with the Republican Party, and he examines why the NRA and its members formed an important constituency that helped fuel Trump’s unlikely political rise. Firepower sheds vital new light on how the NRA has grown powerful by mobilizing average Americans and how it uses its GOP alliance to advance its objectives and shape the national agenda. Matthew Lacombe is Assistant Professor of Political Science at Barnard College, Columbia University. He studies American politics, with a broad focus on understanding and explaining political power in the U.S. His research and teaching interests engage with interest groups and political parties, social identity and political ideology, inequality and representation, and American political development. In addition to Firepower, he is the co-author of Billionaires and Stealth Politics, a book that details the political preferences and behavior of U.S. billionaires. Joe Renouard is Resident Professor of American Studies and Fei Yi-Ming Journalism Foundation Chair of American Government and Comparative Politics at the Johns Hopkins University School of Advanced International Studies in Nanjing, China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Nada Moumtaz’s God’s Property: Islam, Charity, and the Modern State (University of California Press, 2021) is an ethnography anchored in deep study of the Muslim scholarly tradition, the urban landscape, and Lebanon across the Ottoman, Mandate, and post-independence periods. At the center of the book is the waqf, often translated as “pious endowment.” An act and a practice exhibiting or embodying both change and stability since the nineteenth century, the waqf allows Moumtaz to reinterpret major categories in anthropology, Islamic legal studies, and history, including charity, family, the economy, the public and private, and the state. This is the second New Books Network interview devoted to this much-anticipated book, a careful, wide-ranging, and ambitious work poised to influence conversations in multiple disciplines. Interviewers: Janna Aladdin and Julian Weideman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States (Cornell UP, 2021), David Madland explores how labor unions are essential to all workers. Yet, union systems are badly flawed and in need of rapid changes for reform. Madland's multilayered analysis presents a solution--a model to replace the existing firm-based collective bargaining with a larger, industry-scale bargaining method coupled with powerful incentives for union membership. These changes would represent a remarkable shift from the norm, but would be based on lessons from other countries, US history and current policy in several cities and states. In outlining the shift, Madland details how these proposals might mend the broken economic and political systems in the United States. He also uses three examples from Britain, Canada, and Australia to explore what there is yet to learn about this new system in other developed nations. Madland's practical advice in Re-Union extends to a proposal for how to implement the changes necessary to shift the current paradigm. This powerful call to action speaks directly to the workers affected by these policies--the very people seeking to have their voices recognized in a system that attempts to silence them.
David Madland is Senior Fellow and Strategic Director of the American Worker Project at the Center for American Progress. He is author of Hollowed Out: Why the Economy Doesn’t work without a strong middle class. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Robert J. Spitzer’s classic text, The Politics of Gun Control: 8th Edition (Routledge, 2020), has been revised based on new data on gun ownership and use. Dr. Spitzer insightfully interrogates the impact of gun politics on the 2018 elections, new research on the history of American gun laws, and controversies over the geography of guns -- where and when they can be carried and whether they can be concealed. The podcast conversation digs into new findings on elections, public opinion, single-issue voting, the parallel histories of gun rights/regulations, and the changing profiles and strategies of gun safety groups. Dr. Spitzer provides insights on the upcoming midterm elections, forecasts what is at stake in the upcoming Supreme Court case, NYS Gun & Pistol v. Bruen, and provides a reminder that federalism can never be far from any case analysis in American politics. Dr. Robert J. Spitzer is a Distinguished Service Professor of Political Science at the State University of New York at Cortland. Trained by Theodore Lowi, Dr, Spitzer has published books on the presidency, the right to life mov, and the constitution -- with several works focused on the right to bear arms, gun control, and gun rights. The Supreme Court will hear its first Second Amendment case since 2010 and Robert’s article “Gun Law History in the United States and Second Amendment Rights” is cited by the Solicitor General of the US in his amicus brief. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Hate speech can happen anywhere - in Charlottesville, Virginia, where young men in khakis shouted, "Jews will not replace us"; in Myanmar, where the military used Facebook to target the Muslim Rohingya; in Cape Town, South Africa, where a pastor called on ISIS to rid South Africa of the "homosexual curse." In person or online, people wield language to attack others for their race, national origin, religion, gender, gender identity, sexual orientation, age, disability, or other aspects of identity. Caitlin Ring Carlson's Hate Speech (MIT Press, 2021) examines hate speech: what it is, and is not; its history; and efforts to address it. Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dilek Kurban’s Limits of Supranational Justice: The European Court of Human Rights and Turkey's Kurdish Conflict (Cambridge UP, 2020) considers the European Court of Human Rights’ (ECtHR) engagement with Turkey’s ongoing Kurdish conflict. Tracing the legal mobilization of Kurdish people alongside legal and political histories, Kurban’s work highlights the factors enabling ongoing violence in the Kurdish region. As Kurban argues, considering the effectiveness of supranational courts, like the ECtHR, in cases like that of Turkey invokes difficult questions about international human rights regimes. Limits of Supranational Justice contributes to studies of supranational courts and legal mobilization—as well as broader conversations about human rights—by pointing to new avenues of sociolegal inquiry alongside the broader sociohistoral context in the case of Turkey. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political Scientist John Dearborn’s new book, Power Shifts: Congress and Presidential Representation (U Chicago Press, 2021), weaves together three connected threads in the course of his analysis: the role and capacity of ideas to make political change, the evolution of the position and understanding of the President of the United States as a representative of the citizens of the United States, and the way in which congressional legislation also works to shift the constitutional or institutional relationship between Congress and the President. This is a propulsive book, which is not necessarily the norm for academic publications, and Dearborn keeps the reader engaged through fascinating details about legislation that Congress passes in the midst of the 20th century that not only sets up policy outcomes but also provides the president with the power to create those outcomes. Dearborn then traces the ways, in the latter part of the 20th century, in which Congress attempts to wrangle some of that power back from the president, or to develop its own power to rival or parallel the president’s power. Power Shifts focuses on this concept of the president as a national representative, which was not necessarily the idea that the Founders had for the president at the time of the Constitutional Convention. Some thought was given to how this national office would operate, but because of the way that the president is elected, at a remove from the people, the idea that the president was the voice or tribune of the people was not the key concept in the design of the presidency. Dearborn takes the reader through the evolution of this concept during the 19th and 20th century, highlighting how the presidents made claim to this particular role, while noting that it became clear that the veto power was not sufficient to reflect the voice of the people. During a number of decades in the midst of the 20th century, Congress builds up the presidency as an institution, formalizing presidential agenda-setting capacities and giving the presidency the organizational capacity to function as the center of the governmental structure and as the representative of all of the people. In examining several congressional acts, including the Budget Act of 1921, the Reorganization Act of 1939, and other particular constructions by Congress, Power Shifts examines how these creations centered presidential representation as the key to the design for these legislative moves. In the second part of the book, Dearborn explores the period of congressional resurgence in the 1970s and 1980s, and how Congress created connected legislation that sought to pull some of these powers away from the president, or at least provide Congress with sufficient capacity to challenge the president in a number of different arenas. And again, the arguments around the legislation dive into the question of whether the president is operating as a national representative, with a focus on the best interests of the people and the country. Shaina Boldt assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mental Health: Policies, Laws and Attitudes is based on an in-depth filmed conversation between Howard Burton and Elyn Saks, Orrin B. Evans Distinguished Professor of Law, and Professor of Law, Psychology and Psychiatry and the Behavioral Sciences at USC. During this wide-ranging conversation Elyn Saks candidly shares her personal experiences with schizophrenia and discusses the intersection of law, mental health and ethics: the legal and ethical implications surrounding mental health. Further topics include psychotropic medication and the law, criminalization and mental illness, and an exploration of which countries are more progressive with respect to important mental health policies, laws and procedures, and more. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Christine Schwöbel-Patel's Marketing Global Justice: The Political Economy of International Criminal Law (Cambridge UP, 2021) is a critical study of efforts to 'sell' global justice. The book offers a new reading of the rise of international criminal law as the dominant institutional expression of global justice, linking it to the rise of branding. The political economy analysis employed highlights that a global elite benefit from marketised global justice whilst those who tend to be the 'faces' of global injustice - particularly victims of conflict - are instrumentalised and ultimately commodified. The book is an invitation to critically consider the predominance of market values in global justice, suggesting an 'occupying' of global justice as an avenue for drawing out social values. Margot Tudor is a postdoctoral research fellow at the University of Exeter, based in the Politics department. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The American media has been focused on the Supreme Court’s upcoming abortion cases but a decision in a critical Second Amendment case could overturn public safety laws for 25% of Americans. Next week, the Court will hear arguments in New York State Rifle & Pistol Association v. Bruen, a challenge to a 1911 New York State law that limits carrying guns outside the home. New York is a “may issue” state in which applications for concealed carry are not automatically granted but reviewed to determine if the person has “proper cause” to conceal a gun. We’ve not seen a Second Amendment case since Heller v. District of Columbia in 2008 and McDonald v. City of Chicago in 2010 -- and this case will be heard by a Court that now has 3 conservative appointments made by former President Donald Trump. Two Second Amendment scholars join the podcast to go wide and deep on the astonishing implications for our laws. Joseph Blocher is the Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for DC in Heller. He co-authored Free Speech Beyond Words: The Surprising Reach of the First Amendment (NYU, 2017) with Mark Tushnet and Alan K. Chen and The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller in 2018 (New Books interview here). His recent “When Guns Threaten the Public Sphere: A New Account of Public Safety Regulation Under Heller” (Northwestern University Law Review, Vol 116, 2021) with Reva Siegel interrogates the impact of gun rights on free speech. Jacob D. Charles, the Executive Director & Lecturing Fellow at the Center for Firearms Law at Duke University School of Law. His work on the Second Amendment has appeared in numerous law journals and his public-facing scholarship includes work with CNN, NPR, Politifact, NewsWeek, and Mother Jones. “Securing Gun Rights By Statute: The Right To Keep and Bear Arms Outside the Constitution,” (forthcoming, University of Michigan Law Review) interrogates the non-constitutional gun rights that create broad powers for gun owners beyond the Second Amendment. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
European Decadence, a controversial artistic movement that flourished mainly in late-nineteenth-century France and Britain, has inspired several generations of Chinese writers and literary scholars since it was introduced to China in the early 1920s. Translated into Chinese as tuifei, which has strong hedonistic and pessimistic connotations, the concept of Decadence has proven instrumental in multiple waves of cultural rebellion, but has also become susceptible to moralistic criticism. Many contemporary scholars have sought to rehabilitate Chinese Decadence but have found it difficult to dissociate it from the negative connotations of tuifei. More importantly, few have reconnected Decadence with its steadfast pursuit of intellectual pleasure and unique paradoxes or explored the specific socio-historical conditions and cultural dynamics that gave rise to Decadence. Decadence in Modern Chinese Literature and Culture: A Comparative and Literary-Historical Reevaluation (Cambria Press, 2020) is the first comprehensive study of Decadence in Chinese literature since the early twentieth century. Standing at the intersection of comparative literature and cultural history, it transcends the framework of tuifei by locating European Decadence in its sociocultural context and uses it as a critical lens to examine Chinese Decadent literature and Chinese society. Its in-depth analysis reveals that some Chinese writers and literary scholars creatively appropriated the concept of Decadence for enlightenment purposes or to bid farewell to revolution. Meanwhile, the socialist system, by first fostering strong senses of elitism among certain privileged groups and then rescinding its ideological endorsement and material support, played a crucial role in the emergence of Chinese Decadent literature in the European sense. Decadence in Modern Chinese Literature and Culture is an important book for scholars and students interested in Decadence, modern Chinese literature and cultural history, Asian studies, and comparative literature. This book is in the Cambria Sinophone World Series headed by Victor H. Mair (University of Pennsylvania). Victoria Oana Lupașcu is an Assistant Professor of Comparative Literature and Asian Studies at University of Montréal. Her areas of interest include medical humanities, visual art, 20th and 21st Chinese, Brazilian and Romanian literature and Global South studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Professor Anna Spain Bradley "wrote this book to be accessible to anyone, because international law is for everyone." In this important book, Professor Anna Spain Bradley explores human choice in international law and political decision making. Human Choice in International Law (Cambridge University Press, 2021) investigates the neurobiological processes which shape human choice in the framework of international law and shows how human choice impacts decisions on peace and security. Professor Spain Bradley charts important decisions in the international human rights framework to show how human choice has affected decisions about genocide, international intervention into armed conflict and nuclear weapons, and human rights. This is an important book which has the potential to change the way we think about human choice in law, and the implications of human choice in the lives of all people, for whom decisions are made. Professor Spain Bradley calls for a rethink about how we understand human choice, especially in relation to what international law does and what it should do. Professor Anna Spain Bradley is Vice Chancellor of Equity, Diversity and Inclusion and Professor of Law at the University of California, Los Angeles. She is an award-winning international law scholar, educator and expert specializing in international dispute resolution, international human rights and combatting global racism. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Political Science, we are very familiar with the work of scholars who try to unpack why the ERA failed to get the required states. But Gendered Citizenship: The Original Conflict over the Equal Rights Amendment, 1920-1963 published by the University of Nebraska in 2021 interrogates how earlier debates on the ERA transcended traditional political divides and ultimately redefined the concept of citizenship in the United States. By using a rich collection of public and private sources, Dr. Rebecca DeWolf shows that support for and opposition to the ERA was not tied to either conservatism or liberalism. Instead unusual allies coalesced around two competing views of citizenship – what DeWolf calls the emancipatory and the protectionist. Gendered Citizenship argues that the early conflict over the ERA changed the definition of rights -- and the catalyst for that change was the 19th amendment. Those opposing the ERA provided a modern justification for separate and distinct standards of rights for men and women citizens -- and that formulation still haunts 21st century politics. Dr. Rebecca DeWolf is a historian focused on gender and women’s history, politics, and United States' constitutional culture. She has received the Dirksen Center Congressional Research Grant as well as grants from American University to do her archival research on the ERA. Her writing has appeared in the Washington Post, History News Network, New America Weekly, and Frontiers. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities—but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls. To escape all this, Paulina Ochoa Espejo's book On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions—not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King’s College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Criminal Justice: An Examination is based on an in-depth filmed conversation between Howard Burton and Julian Roberts, Professor of Criminology at the University of Oxford. Julian Roberts is an international expert on sentencing throughout the common-law world and is strongly involved in connecting scholars with practitioners as well as promoting greater public understanding of sentencing. This thought-provoking conversation covers a wide range of topics related to criminal justice, including plea bargaining, the involvement of victims in criminal sentencing procedures, victim impact statements, parole, sentencing multiple and repeat crimes, community-based sentencing, alternate dispute resolution, rehabilitation, and more. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2015, the world witnessed an Irish social revolution. In a historic referendum vote, the Republic of Ireland voted to extend the constitutional right to marriage to same-sex couples. Thirty years before, sex between men was illegal. From the 1970s, LGBT rights activists advocated tirelessly for decriminalization, fair treatment laws, protection from discrimination, and, most recently, marriage equality. In one of the most Catholic countries in the world, it was never easy. In her book The History of Marriage Equality in Ireland: A Social Revolution Begins (Manchester UP, 2020), Sonja Tiernan charts the long road to the 2015 referendum in one of Ireland’s most recent civil rights movements. Join us as we chat about Constitutional Conventions, the power of social media, the so-called “Pantigate,” and that overwhelming moment on May 22, 2015 when the people of Ireland said “Yes” to marriage equality. Avrill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book International Courts and Mass atrocity: Narratives of War and Justice in Croatia (Palgrave Macmillan, 2019) Ivor Sokolić explores the effects of international and national transitional justice in Croatia, and in particular the consequences of the work of the United Nations’ International Criminal Tribunal for the former Yugoslavia, the ICTY. Sokolić casts a critical analytical gaze on how and why universal human rights norms become distorted or undermined when they are filtered through national and local perceptions and narratives. Based on extensive research involving focus groups in Croatia, Sokolić’s book marks an innovative approach to exploring the limitations of transitional justice and reconciliation in a post-conflict environment. Ivor Sokolić is a lecturer in politics and international relations at the University of Hertfordshire in the United Kingdom. Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Welcome to The Academic Life! In this episode you’ll hear about:
The field of reproductive health studies
The data on contraceptive access and effectiveness [even when used correctly]
Why we need to trust women
What happens when a pregnant person seeking an abortion is turned away
The long-term outcomes for people who have had abortions
The consequences for people denied abortions
A discussion of the book The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion
Today’s book is: The Turnaway Study, which asks what happens when a person seeking an abortion is turned away. Dr. Diane Greene Foster and a team of scientists, psychologists, epidemiologists, demographers, nurses, physicians, economists, sociologists, and public health researchers conducted a ten-year study on the outcomes of a thousand pregnant people across America, studying both those who received abortions, and those who were turned away. Dr. Foster analyzes impacts on mental and physical health, careers, and romantic relationships, offering the first data-driven examination of the negative consequences for pregnant people who are denied abortions. Our guest is: Dr. Diana Greene Foster, a professor and demographer who uses quantitative models and analyses to evaluate the effectiveness of family planning policies and the effect of unwanted pregnancy on women’s lives. She led the Turnaway Study in the US, and is collaborating with scientists on a Nepal Turnaway Study. Dr. Foster also worked on the evaluation of the California State family planning program, Family PACT, demonstrating the effectiveness of the program in reducing the incidence of unintended pregnancy and the effect of dispensing a one-year supply of contraception. Dr. Foster created a new methodology for estimating pregnancies averted based on a Markov model and a microsimulation to identify the cost-effectiveness of advance provision of emergency contraception. Our host is: Dr. Christina Gessler, co-producer of the Academic Life. She is a historian of women and gender. Listeners to this episode might be interested in:
American College of Obstetricians and Gynecologists advocacy webpage
The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion, by Diana Greene Foster
Advancing New Studies in Reproductive Health
You’re Doing it Wrong: Mothering, Media, and Medical Expertise by Bethany L. Johnson and Margaret M. Quinlan
A discussion of the book You’re Doing it Wrong,
You are smart and capable, but you aren’t an island and neither are we. We reach across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring on an expert about something? DM us on Twitter: The Academic Life @AcademicLifeNBN. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Called the “quarterback of the new anti-drug movement,” Kevin Sabet received his Ph.D. in social policy from the University of Oxford and has worked in drug policy for over two decades. He’s served as an advisor for three presidential administrations, Pope Francis and the United Nations, and in 2013 he founded the group he still leads, Smart Approaches to Marijuana, better known as SAM, which opposes cannabis legalization and commercialization. His new book, Smokescreen: What the Marijuana Industry Doesn’t Want You to Know, was released by Forefront Books earlier this year. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mary Wollstonecraft (1759 –1797) was one of the most important moral philosophers and political theorists ever. Her writings on liberty and equality have been embraced by thinkers both in her own day and since her early death. Lionized by feminists and demonized by others as dangerous and a loose woman to boot, Wollstonecraft produced a small but powerful, persuasive corpus. But a major aspect of Wollstonecraft’s thought is far less well known—perhaps because it not about what we all want and assume is our due. True, she was interested in rights. But in her 2021 book, The Rights of Women: Reclaiming a Lost Vision (Notre Dame UP, 2021), Erika Bachiochi shows that Wollstonecraft wrote extensively about duties and responsibilities. Further, unlike advocates of free love in later centuries or the champions of the Sexual Revolution, Wollstonecraft, living as she did in a period when rakes abounded and women died often in childbirth, wrote about chastity and the need for men to behave responsibly and become faithful husbands and loving fathers. Bachiochi expands our understanding of Wollstonecraft and makes her a far more complex thinker than the one-dimensional woman portrayed in feminist lore. Importantly, this book is not only about Wollstonecraft. It also traces how feminism lost touch with the needs of mothers as it became centered on providing as much access to abortion as possible and to equality in the workplace at the expense of a more holistic view of the needs of women of many stripes. Bachiochi makes a convincing case that the relentless focus of influential figures like Ruth Bader Ginsburg on abortion “rights” and advancing the interests of mostly professional women ended up privileging men (and, increasingly, corporations, who prefer workers unencumbered by families) in that abortion and contraception freed men of any need to refrain from irresponsible sexual conduct. Every feminist—every person, really, should read this book because it contrasts the neglected moral vision of Wollstonecraft with the morally compromising Ginsburgian position of predicating the equality of women upon unfettered access to abortion. Bachiochi shows that many women’s rights activists and theoreticians up until very recent decades opposed both contraception and abortion on the grounds that both ultimately ended up devaluing the role of women as mothers and caregivers generally and made becoming pregnant seem careless and not something to be celebrated. A major strength of Bachiochi’s book is her examination of the work of the legal scholar and human rights expert, Mary Ann Glendon. Glendon has magisterially documented how Ginsburg and her compatriots stripped feminism of its previous foci on the ethic of caregiving and the value to society of hearth and home. Glendon points out that much of modern feminism has left women with rights but little else in terms of practical or moral support if they happen to be poor or not, say, Supreme Court Justices. Bachiochi concludes her book with policy prescriptions for a feminism that is more humane and more representative of the needs of all women and not solely career-obsessed ones. Moreover, the book is not just about women but, in the vein of Wollstonecraft herself, about how men and women can work in whatever sphere to create a society where all can flourish and, another important consideration for Wollstonecraft, excel intellectually and morally. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As the foundational text of the Oral Torah in Judaism, the Mishnah is generally analyzed to understand Jewish law and the workings of the halakhic system. But Yakov Nagen, in looking at over two hundred mishnayot, identifies fascinating literary devices employed by the Sages to convey a deeper meaning, even the Mishnah's 'inner spirit.' Join us as we talk with Yakov Nagen about his work, The Soul of the Mishna. Yakov Nagen is a senior rabbi at the Otniel Yeshiva in Israel, where he teaches Talmud, halakha, Jewish thought, and Kabbala. He also serves as director of Ohr Torah Stone’s Beit Midrash for Judaism and Humanity. He received his rabbinical ordination from RIETS at Yeshiva University and holds a PhD in Jewish Philosophy from Hebrew University of Jerusalem. He is also the author of Be, Become, Bless: Jewish Spirituality between East and West(Maggid, 2019). Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus (IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption (IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The phrase, “state of nature”, has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, Mark Somos and Anne Peters's book The State of Nature: Histories of an Idea (Brill, 2021) together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature. Mark Somos, Ph.D. (2007 Harvard, 2014 Leiden), holds the Deutsche Forschungsgemeinschaft’s Heisenberg position. He wrote Secularisation and the Leiden Circle (Brill, 2011) and American States of Nature: The Origins of Independence, 1761–1775 (Oxford, 2019). Anne Peters, Ph.D. (1994 Freiburg), is Director at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, a Professor at Heidelberg, Freie Universität Berlin, and Basel, and L. Bates Lea Global Law Professor at the University of Michigan. Alexandra Ortolja-Baird is Lecturer in Digital History and Culture at the University of Portsmouth. She tweets at @timetravelallie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
J.C. Salyer’s Court of Injustice: Law Without Recognition in U.S. Immigration (Stanford UP, 2020) is an important look at the histories and processes of immigration law in the US. The book engages with US immigration policy by both tracing the history of US immigration law in the US and considering contemporary practices. Not just a history of law or assessment of policy, Court of Injustice is ethnographically grounded in New York City immigration courts, as well as the New York Immigrant Family Unity Project (NYIFUP). Salyer’s work shifts in scope—from past to present, from New York City to the whole of the U.S, from theoretical considerations of nation-state sovereignty to individual experiences of immigration law—in a way that masterfully paints a compelling portrait of the US immigration courts. By considering context alongside contemporary practice, Court of Injustice provides a way to think through the threads of migration, geography, and xenophobia alongside arguing for concrete ways the under-resourced US immigration courts could change to provide more just outcomes. Throughout the book, Salyer considers not just the experiences of immigrants with immigration law, but also how immigration lawyers come to understand immigration courts. Additionally, Court of Injustice links past to present, and provides a needed context that clearly demonstrates that contemporary shifts in US immigration law—including those under the Trump administration—are not something new, but part of a long history that includes the Chinese Exclusion Act, the Immigration Reform and Control Act of 1986 (IRCA), and other policies that sought to limit migration to the US and “thicken” the US border. Salyer’s socioeconomic history of immigration courts in the U.S. would be of great interest to a wide readership, from those studying migration academically to non-academic members of the public seeking a more in-depth understanding of U.S. immigration policy. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A dramatic, revelatory account of the female inmate firefighters who battle California wildfires for less than a dollar an hour On February 23, 2016, Shawna Lynn Jones stepped into the brush to fight a wildfire that had consumed ten acres of terrain on a steep ridge in Malibu. Jones carried fifty pounds of equipment and a chainsaw to help contain the blaze. As she fired up her saw, the earth gave way under her feet and a rock fell from above and struck her head, knocking her unconscious. A helicopter descended to airlift her out. As it took off, she was handcuffed to the gurney. She was neither a desperate Malibu resident nor a professional firefighter. She was a female inmate firefighter, briefly trained and equipped, and paid one dollar an hour to fight fires while working off her sentence. As California has endured unprecedented wildfires over the past decade, the state has come to rely heavily on its prison population, with imprisoned firefighters making up at least 40 percent of Cal Fire’s on-the-ground fire crews. Of those imprisoned workers, 250 are women. In Breathing Fire: Female Inmate Firefighters on the Front Line of California's Wildfires (MCD, 2021), Jaime Lowe expands on her revelatory work for The New York Times Magazine to follow Jones and her fellow female inmate firefighters before, during, and—if they’re lucky—after incarceration. Lowe takes us into their lives, into the prisons and the women’s decisions to join the controversial program, into the fire camps where they live and train, and onto the front lines, where their brave work is unquestionably heroic—if often thankless. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
New Orleans district attorney Jim Garrison's decision to arrest Clay Shaw on March 1, 1967, set off a chain of events that culminated in the only prosecution undertaken in the assassination of John F. Kennedy. In the decades since Garrison captured headlines with this high-profile legal spectacle, historians, conspiracy advocates, and Hollywood directors alike have fixated on how a New Orleans–based assassination conspiracy might have worked. Cruising for Conspirators: How a New Orleans DA Prosecuted the Kennedy Assassination As a Sex Crime (Boundless South, 2021) settles the debate for good, conclusively showing that the Shaw prosecution was not based in fact but was a product of the criminal justice system's long-standing preoccupation with homosexuality. Tapping into the public's willingness to take seriously conspiratorial explanations of the Kennedy assassination, Garrison drew on the copious files the New Orleans police had accumulated as they surveilled, harassed, and arrested increasingly large numbers of gay men in the early 1960s. He blended unfounded accusations with homophobia to produce a salacious story of a New Orleans-based scheme to assassinate JFK that would become a national phenomenon. At once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted Garrison's unjust prosecution continue to inform conspiratorial thinking to this day. Alecia P. Long is the John L. Loos and Paul W. and Nancy Murrill Professor and Director of Graduate Studies in the Department of History at Louisiana State University. Her other books include Louisiana: Our History, Our Home; Occupied Women: Gender, Military Occupation and the American Civil War, The Great Southern Babylon: Sex, Race, and Respectability in New Orleans, 1865-1920. She is the recipient of Ford Foundation Grant to sponsor the Listening to Louisiana Women oral history project; the LSU Rainmaker Award; The Julia Cherry Spruill Publication Prize; and the Wilbur Owen Sypherd Prize for the outstanding doctoral dissertation in the Humanities, University of Delaware. Morris Ardoin is author of STONE MOTEL – MEMOIRS OF A CAJUN BOY (2020, University Press of Mississippi), which was optioned for TV/Film development in 2021. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Malleability of Memory is based on an in-depth filmed conversation between Howard Burton and Elizabeth Loftus, a world-renowned expert on human memory and Distinguished Professor of Psychological Science; Criminology, Law, and Society; Cognitive Science and Law at UC Irvine. This extensive conversation covers her ground-breaking work on the misinformation effect, false memories and her battles with “repressed memory” advocates, the introduction of expert memory testimony into legal proceedings and the effect of DNA evidence on convincing judges of the problematic nature of eyewitness testimony. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With a focus on the court diversion of disabled people, Disability, Criminal Justice and Law: Reconsidering Court Diversion (Routledge 2020) undertakes a theoretical and empirical examination of how law is complicit in debilitating disabled people. In our post-institutionalisation era, diversion of disabled people from the court process is often assumed to be humane, therapeutic and socially just. However, in this work, Dr. Linda Steele draws on Foucauldian theory of biopolitics, critical legal and political theory, and critical disability theory to show that court diversion perpetuates oppression against disabled people. She shows how criminal law and mental health systems are complicit in the coercion and control of disabled bodies, of whom may not even be convicted. The normative function of court diversion is to reinforce boundaries which are at the core of jurisdiction, legal personhood and sovereignty. Steele critiques the United Nations Convention on the Rights of Persons with Disabilities to show that it does not deal with the complexities of court diversion, suggesting that the CRPD is of limited use in its abilities to challenge carceral control and legal and settler colonial violence. Dr. Linda Steele is a Senior Lecturer in Law at the University of Technology, Sydney. She researches the intersections of disability, law and social justice. Prior to a career in academia, Dr. Steele was a solicitor with the Intellectual Disability Rights Service. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There's a lot of hype about robots; some of it is scary and some of it utopian. In this accessible book, two robotics experts reveal the truth about what robots can and can't do, how they work, and what we can reasonably expect their future capabilities to be. It will not only make you think differently about the capabilities of robots; it will make you think differently about the capabilities of humans. Ruth Aylett and Patricia Vargas discuss the history of our fascination with robots—from chatbots and prosthetics to autonomous cars and robot swarms. They show us the ways in which robots outperform humans and the ways they fall woefully short of our superior talents. They explain how robots see, feel, hear, think, and learn; describe how robots can cooperate; and consider robots as pets, butlers, and companions. Finally, they look at robots that raise ethical and social issues: killer robots, sexbots, and robots that might be gunning for your job. Living with Robots: What Every Anxious Human Needs to Know (MIT Press, 2021) equips readers to look at robots concretely—as human-made artifacts rather than placeholders for our anxieties. Find out: •Why robots can swim and fly but find it difficult to walk •Which robot features are inspired by animals and insects•Why we develop feelings for robots •Which human abilities are hard for robots to emulate. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Robinson Woodward-Burns is the author of Hidden Laws: How the State Constitutions Stabilize American Politics, published by Yale University Press in 2021. Hidden Laws explores the relationship between both state and national constitutional development, debates, and reform. A sprawling study of American constitutional history, Woodward-Burns’s book shows how the federal government often deferred to state constitutional reform as a mechanism for dealing with national constitutional controversies. From banking to slavery, women’s suffrage to welfare, Woodward-Burns explores the myriad of ways constitutional controversies were debated and resolved in the United States. Woodward-Burns is an Assistant Professor at Howard University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Two plays about the legal battle to decriminalize homosexuality in India. On September 6, 2018, a decades-long battle to decriminalize queer intimacy in India came to an end. The Supreme Court of India ruled that Section 377, the colonial anti-sodomy law, violated the country’s constitution. “LGBT persons,” the Court said, “deserve to live a life unshackled from the shadow of being ‘unapprehended felons.’” But how definitive was this end? How far does the law’s shadow fall? How clear is the line between the past and the future? What does it mean to live with full sexual citizenship? In Love and Reparation: A Theatrical Response to the Section 377 Litigation in India (Seagull Books, 2021), Danish Sheikh navigates these questions with a deft interweaving of the legal, the personal, and the poetic. The two plays in this volume leap across court transcripts, affidavits (real and imagined), archival research, and personal memoir. Through his re-staging, Sheikh crafts a genre-bending exploration of a litigation battle, and a celebration of defiant love that burns bright in the shadow of the law. Saronik Bosu (@SaronikB on Twitter) is a doctoral candidate in English at New York University. He is writing his dissertation on South Asian economic writing. He is coordinator of the Medical Humanities Working Group at NYU, and of the Postcolonial Anthropocene Research Network. He also co-hosts the podcast High Theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As governments and corporations mine our “entrenched culture of sharing” to invade privacy (down to Target creating an algorithm to figure out which shoppers are in the 2nd trimester of pregnancy) what happens to democracy? Can democracy survive with no (or very little privacy)? What if the citizenry cares little about privacy and or is unwilling to protect it? If surveillance is here to stay what are the prospects for individual autonomy? citizenship? democratic discussion and deliberation? Life after Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020) argues that we should not focus on protecting individual privacy; privacy is NOT “our best hope” for ensuring a “democratic future.” Instead, we should channel Hannah Arendt and focus on the public realm and how it supports political freedom. Dr. Firmin DeBrabander is a Professor of Philosophy at Maryland Institute College of Art and the author of two previous books: Do Guns Make Us Free?: Democracy and the Armed Society (Yale University Press, 2015), and Spinoza and the Stoics: Power, Politics and the Passions (Bloomsbury Press, 2007). He writes social and political commentary for the New York Times, Washington Post, LA Times, Chicago Tribune, Boston Globe, Baltimore Sun, Salon, The Atlantic and The New Republic. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As governments and corporations mine our “entrenched culture of sharing” to invade privacy (down to Target creating an algorithm to figure out which shoppers are in the 2nd trimester of pregnancy) what happens to democracy? Can democracy survive with no (or very little privacy)? What if the citizenry cares little about privacy and or is unwilling to protect it? If surveillance is here to stay what are the prospects for individual autonomy? citizenship? democratic discussion and deliberation? Life after Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020) argues that we should not focus on protecting individual privacy; privacy is NOT “our best hope” for ensuring a “democratic future.” Instead, we should channel Hannah Arendt and focus on the public realm and how it supports political freedom. Dr. Firmin DeBrabander is a Professor of Philosophy at Maryland Institute College of Art and the author of two previous books: Do Guns Make Us Free?: Democracy and the Armed Society (Yale University Press, 2015), and Spinoza and the Stoics: Power, Politics and the Passions (Bloomsbury Press, 2007). He writes social and political commentary for the New York Times, Washington Post, LA Times, Chicago Tribune, Boston Globe, Baltimore Sun, Salon, The Atlantic and The New Republic. Daniella Campos assisted with this podcast. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"El Chapo. The Untold Story of the World's Most Infamous Drug Lord" (Atria Books, 2021) is a stunning investigation of the life and legend of Mexican kingpin Joaquín Archivaldo “El Chapo” Guzmán Loera, building on Noah Hurowitz’s revelatory coverage for Rolling Stone of El Chapo’s federal drug-trafficking trial. This is the true story of how El Chapo built the world’s wealthiest and most powerful drug-trafficking operation, based on months’ worth of trial testimony and dozens of interviews with cartel gunmen, Mexican journalists and political figures, Chapo’s family members, and the DEA agents who brought him down. Over the course of three decades, El Chapo was responsible for smuggling hundreds of tons of cocaine, marijuana, heroin, meth, and fentanyl around the world, becoming in the process the most celebrated and reviled drug lord since Pablo Escobar. El Chapo waged ruthless wars against his rivals and former allies, plunging vast areas of Mexico into unprecedented levels of violence, even as many in his home state of Sinaloa continued to view him as a hero. This unputdownable book, written by a great new talent, brings El Chapo’s exploits into a focus that previous profiles have failed to capture. Hurowitz digs in deep beyond the legends and delves into El Chapo’s life and legacy—not just the hunt for him, revealing some of the most dramatic and often horrifying moments of his notorious career, including the infamous prison escapes, brutal murders, multi-million-dollar government payoffs, and the paranoia and narcissism that led to his downfall. From the evolution of organized crime in Mexico to the militarization of the drug war to the devastation wrought on both sides of the border by the introduction of synthetic opioids like fentanyl, this book is a gripping and comprehensive work of investigative, on-the-ground reporting. Interview by Pamela Fuentes Assistant Professor in the Women’s and Gender Studies Department at Pace University-NYC campus and editor of New Books Network en español Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Gene Slater's book Free to Discriminate: How the Nation's Realtors Created Housing Segregation and the Conservative Vision of American Freedom (Hayday Books, 2021) uncovers realtors' definitive role in segregating America and shaping modern conservative thought. Gene Slater follows this story from inside the realtor profession, drawing on many industry documents that have remained unexamined until now. His book traces the increasingly aggressive ways realtors justified their practices, how they successfully weaponized the word "freedom" for their cause, and how conservative politicians have drawn directly from realtors' rhetoric for the past several decades. Much of this story takes place in California, and Slater demonstrates why one of the very first all-white neighborhoods was in Berkeley, and why the state was the perfect place for Ronald Reagan's political ascension. The hinge point in this history is Proposition 14, a largely forgotten but monumentally important 1964 ballot initiative. Created and promoted by California realtors, the proposition sought to uphold housing discrimination permanently in the state's constitution, and a vast majority of Californians voted for it. This vote had explosive consequences--ones that still inform our deepest political divisions today--and a true reckoning with the history of American racism requires a closer look at the events leading up to it. Freedom to Discriminate shatters preconceptions about American segregation, and it connects many seemingly disparate aspects of the nation's history in a novel and galvanizing way. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Teri A. McMurtry-Chubb is the author of Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy, published by Lexington Books in 2021. Race Unequals takes a look at the complex relationship between enslavers and overseers in order to explore the ways in which the “white South” was not a monolithic identity, but one in which white male identity was constantly created, contested, and compromised over. By examining contracts, public law, and plantation management, McMurtry-Chubb shows how the plantation not only created one of the nation’s first class of managerial people, but how this system stymied upward mobility, created and controlled social boundaries, and furthered white supremacy. Teri A. McMurtry-Chubb is a Professor of Law and Associate Dean for Research and Faculty Development at the University of Illinois Chicago Law School. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Child Sexual Abuse Inquiries and the Catholic Church: Reassessing the Evidence (Firenze UP, 2021), Dr Miller analyses empirical findings, methodologies and conclusions of the three main national inquiries (Irish, US, Australian) into child sexual abuse in the Catholic Church, and Church responses. Contrasts are drawn with overall media reporting of the problem, such as when abuse peaked, and current safe-guarding and its effectiveness in curbing child sexual abuse. Topics discussed include changing societal norms, cases like Cardinal Pell, church and public attitudes. Virginia Miller (PhD) is a research fellow with the Centre for Public and Contextual Theology, Charles Sturt University, Canberra. Her research work includes church-focused policy research into sexual abuse of children, elder abuse, euthanasia, and religious freedom. Her other books include A King and a Fool? The Succession Narrative as a Satire (Brill) Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges--everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more--the government seems paralyzed and unable to act, the most recent example being Covid-19. It's the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. Jeanne Sheehan's book American Democracy in Crisis: The Case for Rethinking Madisonian Government (Palgrave Macmillian, 2021) explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers "upstream," stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them. To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive. Jeanne Sheehan is a Carol S. Russett Award winning Professor of Political Science and International Studies at Iona College School of Arts & Science. She is also Bloomberg News Political Contributor and the author of several books and articles Kirk Meighoo is Public Relations Officer for the United National Congress, the Official Opposition in Trinidad and Tobago. His career has spanned media, academia, and politics for three decades. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is image-based abuse? Why has it been on the rise in Asia, especially amid the Covid-19 pandemic? What has been done to tackle the issue? Raquel Carvalho, Asia Correspondent for the South China Morning Post, shares the story of how a group of journalists across some Asian newsrooms collaborated in a months-long investigation and uncover the stories inside the online groups spreading stolen sexual images of women and children, how the victims are struggling to have such content removed from online platforms, and how sextortion syndicates in Asia and Africa are raking in millions from targets around the world. In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, the Portuguese journalist currently based in Hong Kong tells about why the cases of women threatened with the release of their intimate photos or videos have increased in recent years, how this type of abuse tears the victims’ lives apart, and how ill-equipped authorities are struggling to deal with the cases. Advocates and survivors say too little is being done to stop the abuse. While the cases proliferated in countries such as Singapore, Malaysia, and South Korea, some women – and a few men – have decided to take action. The SCMP’s series of stories on image-based abuse is supported by the Judith Neilson Institute’s Asian Stories project, in collaboration with The Korea Times, Indonesia’s Tempo magazine, the Philippine Center for Investigative Journalism, and Manila-based ABS-CBN. Most of Raquel Carvalho’s investigative and in-depth stories have been focused on human rights, cross-border security, illicit trade and corruption. She was previously the chief reporter at a Portuguese daily newspaper in Macau, where she moved to from Europe in 2008. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast About NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What does citizenship—an institution that has historically linked identity to place—mean in an age of globalization? This is the question that Atossa Araxia Abrahamian investigates in her planet-sprawling book The Cosmopolites: The Coming of the Global Citizen (Columbia Global Reports, 2015). One way Abrahamian answers that question is by examining elites shopping for passports in a global marketplace. But the question also pulls her deep into a grim passports-in-bulk scheme that offloaded stateless people in the oil-rich Persian Gulf to an impoverished island-state off the coast of East Africa (not every cosmopolite was so by choice). Abrahamian also finds an answer in the various ways activists have chipped away at the exclusions of citizenship and have striven for a more egalitarian, connected world. The Cosmopolites is an astute inquiry into how the rules of the interstate system—the assignment of citizenship by place of birth; border regimes that restrict the movement of people—produce strange, sometimes Kafkaesque realities and how different actors have tried to bend those rules. And Abrahamian, a journalist and senior editor at The Nation whose beat is truly global, is well-suited for this endeavor. We talk about the book, her case for studying small states as a way to understanding the world order, and her methodology. I hope you enjoy our interview! Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Few revolutions in economics have been as under-covered in general literature as the emergence and development of competition theory and policymaking. Political threats to break up the tech giants or restrain Russian gas pipelines make the headlines while academic lawyers churn out textbooks on 130 years of precedent and practicing lawyers test its limits. What has been missing is an up-to-date, general legislative and intellectual history of how and why politicians, lawyers, and economists in capitalist democracies decided they needed to step in and correct the market. Why did this happen first in the US in that crucial quarter-century preceding the first world war? The Foundations of Antitrust: Events, Ideas, and Doctrines by Gregory Werden (Carolina Academic Press, 2020) fills that gap, examines the overlaps between legal innovation and common law, and busts a few myths en route. From 1977 until his retirement in 2019, Gregory Werden worked in the Antitrust Division of the US Department of Justice – most recently as Senior Economic Counsel. A PhD economist from the University of Wisconsin, he has published extensively on antitrust policy. *The author's own book recommendation is Trusts: The Recent Combinations in Trade, Their Character, Legality and Mode of Organization, and the Rights, Duties and Liabilities of Their Managers and Certificate Holders by William W Cook (Gale - Making of Modern Law, 2020; originally published by L. K. Strouse, 1888) Tim Gwynn Jones is an economic and political-risk analyst at Medley advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Obligations: New Trajectories in Law (Routledge, 2021) critically analyses the role that obligations play in law and social ordering. As rights have become preeminent feature in modern societies, the work that obligations do has faded into the background. However, in his latest book, Professor Scott Veitch challenges the normative assumptions that shape law and social practices, and shows how obligations and practices of obedience are core to sustaining the inequalities faced by members of the global community. In doing so, Veitch explores the potential and enduring role that obligations have in furthering individual and collective well-being. He offers an alternative trajectory for the current crises faced by all citizens today, including environmental degradation and human inequality and injustice. This is an important book. It will allow the reader to rethink the dominant model of human rights, and enable understandings of alternative complementary trajectories of obligations. An understanding of the universalism of obligations and the asymmetries and obediences that obligations create has the potential to better prioritise human and environmental needs, common goods, and solidarity. Professor Scott Veitch is the Paul K C Chung Professor in Jurisprudence in the Department of Law at the University of Hong Kong. He was educated in Scotland and has worked at universities in Australia and the United Kingdom, and was formerly Professor of Jurisprudence at the University of Glasgow. He has held visiting academic positions in South Africa, New Zealand, Belgium, France and the Basque country. His area of research is jurisprudence broadly defined, and his work draws on historical, philosophical and sociological insights into law and legal institutions. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Despite, or perhaps because of, the fact that an enormous proportion of medical care worldwide is provided under the auspices of religious organizations, there has been a sustained and systematic campaign to drive out those with religious worldviews from the field of bioethics and indeed, from medicine itself. Obviously, this constitutes blatant discrimination against patients, the unborn, the elderly and the otherwise vulnerable and their families and faith-oriented medical providers and religiously-oriented bioethicists. But more importantly, the loss of a theological sensibility among scholars and providers and the consequent diminishment of fellow feeling for patients whose lives are suffused with religiosity is stripping away the foundations of compassion that religion has provided medicine since both entered the human scene. That is the thrust of the 2021 book, Losing Our Dignity: How Secularized Medicine is Undermining Fundamental Human Equality (New City Press, 2021) by the bioethicist and theologian Charles C. Camosy. The book sounds several alarms. Camosy shows in the book that the increased secularization of the field of bioethics has led it, ironically enough, to become less humane and less protective of the dignity of the least among us. And he tells us something that will be hard for many of us to hear—most of us may face years of life with dementia or caring for someone with it. Camosy argues, therefore, that now is not the time for bioethics to exclude from its deliberations and scholarship and impact on public policy religious people for whom the equality of all human beings is both sacred and a part of everyday life. We do so at our peril, for all of us will experience some sort of illness or disability and will need the protection of laws and policies crafted by those with a commitment to the idea of the worth of all human beings, even those seemingly brain dead as well as the unborn. Indeed, one of the greatest strengths of the book is the way Camosy explains with reader-friendly clarity the differences between brain death and what was once called, chillingly, persistent vegetative state (PVS). He also examines the difference in matters of bioethics of the terms “human being” and “person” and why drawing a distinction between the two can lead to gross injustice and inhumanity, no matter how meretriciously clever notable members of the “person” school of philosophers are—think Peter Singer, one of the thinkers discussed in the book. The book brings all of these arcane matters home by examining in-depth the heartrending stories of Jahi McMath, Terri Schiavo, and Alfie Evans and the legal battles that often rendered the parents of all of them powerless in the face of a secularized or racially-biased medicolegal system that was at times openly and brutally anti-religious. This book is even more important to read as the current pandemic has highlighted the substandard care that has existed for decades in long-term care facilities and the unnecessary deaths among nursing home patients in many states during the pandemic era. We can do better and be better people than this, says Camosy. Let’s hear how he says that can be. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Improving Human Rights is based on an in-depth, filmed conversation between Howard Burton and Emilie Hafner-Burton, the John D. and Catherine T. MacArthur Professor of International Justice and Human Rights at UC San Diego and co-director of the Laboratory on International Law and Regulation at the School. This extensive conversation covers topics such international law, when and why international laws work and don’t work, the international human rights system and concrete measures that could be taken to improve it, the International Criminal Court, and the role of states in the protection of human rights. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the past decade, Poland and Hungary have become laboratories for a new kind of government: proto-authoritarian regimes that still have regular elections, vibrant oppositions and are externally constrained by EU law and potential loss of fiscal transfers. Viktor Orbán, Hungary's prime minister since 2010, especially has generated a comprehensive academic literature attempting to understand the special nature of his regime. Two earlier podcasts with András Körösényi and Gábor Scheiring about their efforts to classify Orbánism can be found in the NBN library and a conversation Lasse Skytt about his new edition of Orbanland (New Europe Books, 2021) is coming soon. In their new book - Illiberal Constitutionalism in Poland and Hungary: The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law (Routledge, 2021) - Professors Drinóczi and Bień-Kacała redefine the models of government practised by Orbán and Jarosław Kaczyński. By examining Polish and Hungarian history, identity, and political and legal systems, as well as the influence of European rule of law, they alight on what they believe is a new political phenomenon: illiberal constitutionalism. Agnieszka Bień-Kacała (a Pole) teaches law at the Nicolaus Copernicus University in Toruń and Tímea Drinóczi (a Hungarian) teaches law at the Federal University of Minas Gerais in Brazil. *The authors' own book recommendations are Poland's Constitutional Breakdown by Wojciech Sadurski (OUP Oxford, 2019) and Democratic Decline in Hungary Law and Society in an Illiberal Democracy by András László Pap (Routledge, 2017). Tim Gwynn Jones is an economic and political-risk analyst at Medley advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Herbert “Bert” Kritzer, the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School, has a new book that explores the process for reform of judicial selection across the fifty states. This is a fascinating examination of the different approaches that state legislatures, governors, partisans, and citizens have pursued in reforming the process, within each state, of judicial selection at all levels. With a brief historical overview of how this process was initially pursued in the early days of the republic, Kritzer moves to the central time period of the book, which is examining the state systems that were in place in the mid-20th century and the moves across the country to modernize court systems and how those moves unfolded. The main period that Kritzer focuses on is between 1980 and 2020, and he carefully reviews the reform efforts that succeeded as well as those that failed Judicial Selection in the States: Politics and the Struggle for Reform (Cambridge UP, 2020) examines the legal and democratic subcultures as a way to frame and understand the reasons behind the move towards reforms. But the heart of the book is diving into various states to see what they tried to change, who tried to change it, and if they were at all successful in these reform efforts. One of the more popular plans for state-level judicial selection is the “Missouri Plan”, which was designed to improve the quality of judges by establishing a kind of review board/nominating commission that made recommendations to the governor of the state. Many states, between 1960 and 1980, moved towards adopting the Missouri plan as the method for judicial selection. But following this, states continued to reform with an eye towards more legal professionalism as the guiding tenet behind judicial selection. According to Kritzer’s research, this was very much the case between 1980 and 1999, and this was in concert with the overhauling of state constitutions as well. Around 2000 there is a bit of a shift, as partisan politics now starts to be more of the driver behind the moves to reform or change the selection of state judges. Judicial Selection in the States is an interesting exploration of the various forms of judicial selection, the moves towards reform over the decades, the shifting role of partisanship as well as the impetus towards more professional and merit-based outcomes. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There are two problems that are typically siloed in the era of #MeToo and mass incarceration: sexual and gender violence, on the one hand, and the state’s unjust, ineffective, and soul-destroying response to it on the other. Is it possible to confront the culture of abuse? Is it possible to hold harm-doers accountable without recourse to a criminal justice system that redoubles injuries, fails survivors, and retrenches the conditions that made such abuse possible? The Feminist and the Sex Offender: Confronting Sexual Harm, Ending State Violence (Verso, 2020), by Judith Levine and Erica Meiners (Verso Books, 2020), develops an intersectional feminist approach to ending sexual violence. It maps with considerable detail the unjust sex offender regime while highlighting the alternatives we urgently need. Judith Levine is a longtime journalist and author of countless articles and commentaries in popular media and the author of five books, including Harmful to Minors: The Perils of Protecting Children From Sex, which won the LA Times Book Award. Erica Meiners is a professor of education and women's and gender studies at Northeastern Illinois University and the author of several books, most recently For the Children? Protecting Innocence in a Carceral State. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the past five years, medical aid-in-dying (also known as assisted suicide) has expanded rapidly in the United States, and is now legally available to one in five Americans. This growing social and political movement heralds the possibility of a new era of choice in dying. Yet very little is publicly known about how medical aid-in-dying laws affect ordinary citizens once they are put into practice. Sociological studies of new health policies have repeatedly demonstrated that the realities often fall short of advocacy visions, raising questions about how much choice and control aid-in-dying actually affords. Scripting Death: Stories of Assisted Dying in America (U California Press, 2021) chronicles two years of ethnographic research documenting the implementation of Vermont's 2013 "Patient Choice and Control at End of Life" Act. Author Mara Buchbinder weaves together stories collected from patients, caregivers, health care providers, activists, and legislators to illustrate how they navigate aid-in-dying as a new medical frontier in the aftermath of legalization. Scripting Death explains how medical aid-in-dying works, what motivates people to pursue it, and ultimately, why upholding the "right to die" is very different from ensuring access to this life-ending procedure. This unprecedented, in-depth account uses the case of assisted death as an entry point into ongoing cultural conversations about the changing landscape of death and dying in the United States. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why is there such a deep partisan division within the United States regarding how health care should be organized and financed and how can we encourage politicians to band together again for the good of everyone? For decades, Democratic and Republican political leaders have disagreed about the fundamental goals of American health policy. The modern-day consequences of this disagreement, particularly in the Republicans' campaign to erode the coverage and equity gains of the Affordable Care Act, can be seen in the tragic and disparate impact of COVID-19 on the country. In Crossing the American Health Care Chasm: Finding the Path to Bipartisan Collaboration in National Health Care Policy (Johns Hopkins UP, 2021), Donald A. Barr, MD, PhD, details the breakdown in political relations in the United States. Why, he asks, has health policy, which used to be a place where the two sides could find common ground, become the nexus of fiery political conflict? Ultimately, Barr argues, this divide is more dangerous than ever at a time when health care costs continue to skyrocket, the number of uninsured Americans is rising, many state governments are chipping away at Medicaid, and the GOP has not let up in its efforts to dismantle the ACA. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Catholic Greg Bourke's profoundly moving memoir about growing up gay and overcoming discrimination in the battle for same-sex marriage in the US. In this compelling and deeply affecting memoir, Greg Bourke recounts growing up in Louisville, Kentucky, and living as a gay Catholic. Gay, Catholic, and American: My Legal Battle for Marriage Equality and Inclusion (U Notre Dame Press, 2021) describes Bourke's early struggles for acceptance as an out gay man living in the South during the 1980s and '90s, his unplanned transformation into an outspoken gay rights activist after being dismissed as a troop leader from the Boy Scouts of America in 2012, and his historic role as one of the named defendants in the landmark United States Supreme Court decision Obergefell vs. Hodges, which legalized same-sex marriage nationwide in 2015. After being ousted by the Boy Scouts of America (BSA), former Scoutmaster Bourke became a leader in the movement to amend antigay BSA membership policies. The Archdiocese of Louisville, because of its vigorous opposition to marriage equality, blocked Bourke's return to leadership despite his impeccable long-term record as a distinguished boy scout leader. But while making their home in Louisville, Bourke and his husband Michael DeLeon have been active members at Our Lady of Lourdes Catholic Church for more than three decades, and their family includes two adopted children who attended Lourdes school and were brought up in the faith. Over many years and challenges, this couple has managed to navigate the choppy waters of being openly gay while integrating into the fabric of their parish life community. Bourke is unapologetically Catholic, and his faith provides the framework for this inspiring story of how the Bourke DeLeon family struggled to overcome antigay discrimination by both the BSA and the Catholic Church and fought to legalize same-sex marriage across the country. Gay, Catholic, and American is an illuminating account that anyone, no matter their ideological orientation, can read for insight. It will appeal to those interested in civil rights, Catholic social justice, and LGBTQ inclusion. Author: Greg Bourke has had a long corporate career in information technology and management. He currently works as a health economist. Bourke and his husband, Michael De Leon, were named 2015 Persons of the Year by the National Catholic Reporter and have been active in establishing LGBTQ alumni networks at the University of Notre Dame, University of Louisville, University of Kentucky, and other organizations. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com. Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Gary Shiffman’s book The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism (Cambridge UP, 2020) serves as a fantastic introduction to anyone interested in thinking critically about terrorist, insurgency, and criminal groups of all sorts. Using case studies from multiple continents, ideological contexts, and political situations, Dr. Shiffman shows how the language and tools familiar to economists can assist policy makers and security personnel to combat rival ‘firms,’ as he classifies them. Arguing strongly against essentialist labels and stories about why these groups act the way that they do, Dr. Shiffman offers us an approach to understanding ‘illicit’ groups that would be recognizable to leaders of many ‘legitimate’ organizations. Dr. Gary Shiffman is a Professor at Georgetown University, the CEO of two software companies, a former Naval Officer and Border Patrol leader, a former Fortune 200 executive, and an engaging writer. His is the author of one other book on the Economic Instruments of Security Policy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Religious liberty” is a phrase that we often hear, particularly in news stories revolving around Supreme Court decisions. But what is religious liberty and why is it often referred to as “the first liberty?” These are among the questions addressed in Kenneth Starr’s 2021 book, Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty (Encounter, 2021) Although Judge Starr possesses impeccable scholarly credentials, the book is intended for general readers. It is an informative blend of American legal and constitutional history and a primer for all of us about a crucial component of our set of rights as citizens. Even if you are not religious, the book will endow you with a greater understanding of an issue that frequently roils the body politic and that is both timeless and of ongoing concern. Think Masterpiece Cakeshop v. Colorado Civil Rights Commission—decided by the Supreme Court in 2018. Luckily, we have with us today one of America’s leading lawyers to walk us through the fascinating history of religious liberty and give us the lowdown on what we need to know should we find ourselves facing a choice between honoring our sabbath day and keeping our jobs. Kenneth Starr has been a figure of great note on the American legal landscape for decades. He is perhaps best known for his role in the Whitewater investigation during the Clinton administration and as a key member of Donald Trump’s defense team in the latter’s first impeachment trial. He has been among other things, a federal judge at the highest levels, a law school dean and a university president. Most significantly in terms of the subject matter of his new book and thus the main focus of our interview, he is a long-time champion of religious liberty and, as solicitor general under George HW Bush, argued before the Supreme Court such notable religious liberty and freedom of speech cases as Westside Community Schools v. Mergens, in which the Supreme Court found that a Bible club has the same right of equal access on school grounds as any other student-led organization. Judge Starr employs that famous case to illustrate one of the concepts discussed in book, equality. It is a cause dear to his heart and probably even more so given own quite humble origins in his home state of Texas. The common man aspects of Starr’s background have enabled him to make this book approachable to its intended broad-ranging audience. Most of us at one time or another have found ourselves in school, work or business environments or simply driving along a highway and it is surprising how often questions involving religious liberty pop up for average people in such settings. Starr guides the reader engagingly and expertly through such questions as: What is the Lemon Test? What do you need to know about religious liberty as a parent, public school or college student, teacher, small business owner or employee? How have wedding cakes, monuments in the shape of Christian crosses, public displays of the Ten Commandments on government property, and government-subsidized school bus rides played into all of this? What is “accommodation” in this context and when might you need to seek one and what should you do if you are denied it? What is the relationship between free speech and religious liberty? We welcome Judge Starr, a Christian gentleman of the first order. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When we talk about people crossing borders, policy makers, advocates, journalists, and academics often distinguish between “refugees” and “migrants.” Is this a useful legal fiction? Shorthand for an important distinction? Dr. Rebecca Hamlin argues that employing this binary limits protection for vulnerable people who are not protected by the rarified category of “refugee.” In Crossing: How We Label and React to People on the Move (Stanford UP, 2021), Dr. Hamlin confronts the binary -- and the effect it has on our study, policy-making, and conversations about border crossers. Her book traces the emergence of the concept of refugee in the context of sovereignty and colonialism, pushing back on notions of essentialism in favor of a constructed binary. The logic of the migrant/refugee binary obscure power imbalances by focusing on internal explanations for why people are leaving countries in the Global South (corruption, war, poverty) rather than externalist forces such as globalization, postcolonialism, and neoliberalism. Using varied data and methods, she provides insight into the scholarly fault lines and the historical and current role of the UNHCR (United Nations High Commission for Refugees) in perpetuating the binary. Her rich case studies reveal differences in how the binary is deployed in the Global North and South. Beautifully written and carefully argued, Dr. Hamlin challenges scholars and advocates for vulnerable border crossers to move beyond the binary, despite perceived risks. In the podcast (recorded days after the fall of the Afghan government), Dr. Hamlin reflects on the continuing effects of the binary in contemporary events -- and how it limits creative scholarship, policy-making, journalism, and conversation about vulnerable border crossers. She mentions Claudio Saunt’s Norton book, Unworthy Republic and also the Hamlin-Abdelaaty Migrants or Refugees? It's the Wrong Question published in the Monkey Cage. New Books in Political Science welcomes Dr. Lamis E. Abdelaaty as a part of this dynamic conversation and we look forward to new podcasts from Dr. Abdelaaty in the future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second Amendment has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life--as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. In The Second: Race and Guns in a Fatally Unequal America (Bloomsbury, 2021) historian Carol Anderson powerfully illuminates the history and impact of the Second Amendment, how it was designed, and how it has consistently been constructed to keep African Americans powerless and vulnerable. The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America. Dr. Carol Anderson is the Charles Howard Candler Professor and Chair of African American Studies at Emory University. She is the author of One Person, No Vote, longlisted for the National Book Award and a finalist for the PEN/John Kenneth Galbraith Award; White Rage, a New York Times bestseller and winner of the National Book Critics Circle Award; Bourgeois Radicals; and Eyes off the Prize. She was named a Guggenheim Fellow for Constitutional Studies. She lives in Atlanta, Georgia. Connect on Twitter @ProfCAnderson Dr. Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at State University of New York at Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rough Draft: Cold War Military Manpower Policy and the Origins of Vietnam-Era Draft Resistance (Cornell University Press, 2019) draws the curtain on the race and class inequities of the Selective Service during the Vietnam War. Amy J. Rutenberg argues that policy makers' idealized conceptions of Cold War middle-class masculinity directly affected whom they targeted for conscription and also for deferment. Federal officials believed that college educated men could protect the nation from the threat of communism more effectively as civilians than as soldiers. The availability of deferments for this group mushroomed between 1945 and 1965, making it less and less likely that middle-class white men would serve in the Cold War army. Meanwhile, officials used the War on Poverty to target poorer and racialized men for conscription in the hopes that military service would offer them skills they could use in civilian life. As Rutenberg shows, manpower policies between World War II and the Vietnam War had unintended consequences. While some men resisted military service in Vietnam for reasons of political conscience, most did so because manpower polices made it possible. By shielding middle-class breadwinners in the name of national security, policymakers militarized certain civilian roles—a move that, ironically, separated military service from the obligations of masculine citizenship and, ultimately, helped kill the draft in the United States. Amy J Rutenberg is Associate Professor of History and Co-Coordinator of the Social Studies Education Program at Iowa State University. Her work has appeared in Cold War History, The New York Times, and TheAtlantic.com. Catriona Gold is a PhD candidate in Geography at University College London. Her current work concerns the politics of travel in Cold War US; she has previously published on US military intervention in the 2013-16 Ebola epidemic. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. In Beyond Cages: Animal Law and Criminal Punishment (Cambridge UP, 2019), Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Defined By Relationship is based on an in-depth filmed conversation between Howard Burton and Charles Foster, who is a writer, traveller, veterinarian, barrister, philosopher and Fellow of Green Templeton College, University of Oxford. This wide-ranging conversation provides a detailed exploration of several of his books in many different fields with a particular focus on Human Dignity in Bioethics and Law and the New York Times Bestseller Being a Beast. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments. This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here. Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Children have the right to be raised by both their mother and father. That used to be a noncontroversial idea. But no longer. In their eye-opening 2021 book, Them Before Us: Why We Need a Global Children's Rights Movement (Post Hill Press, 2021), Katy Faust and Stacy Manning examine how children have been damaged by such developments as no-fault divorce, marriage equality, and the largely unregulated fields of surrogacy and in-vitro-fertilization. They argue that in the quest for the satisfaction of the desires of adults (the “Us” of the title), children (the “Them” of the title) have been treated as afterthoughts and made into tiny cheerleaders for lifestyles that have deprived the child of either a father or a mother by design. The authors quote extensively from a broad range of now adult children of same-sex couples, surrogacy and children of “donors” of sperm or eggs—which are not usually donated but bought and paid for. These personal testimonies are heartbreaking and expose the cost to the children of these arrangements and technologies. One example from a woman conceived via egg donation: It bothers me that I cost money, that the one woman I want most in this life is a stranger yet 50 percent of me. Sometimes I wish I weren’t born. I didn’t ask for this, and I never would have consented to it. The child of a male same-sex couple says: My five-year-old brain could not understand why I didn’t have the mom that I suddenly desperately wanted. I felt the loss. I felt the hole. As I grew, I tried to fill that hole with aunts, my dads’ lesbian friends, and teachers. I remember asking my first-grade teacher if I could call her Mom. I asked that question of any woman who showed me any amount of love and affection. It was instinctive. I craved a mother’s love even though I was well loved by my two gay dads. This is an invaluable, gripping record in their own words of the trauma inflicted on children of this brave new world. They are moving documents that show the dark side of social and scientific changes that are often lauded as utterly desirable and unproblematic. Faust and Manning detail the repercussions of three categories of intentional parental loss: children who experienced divorce and abandonment, children with LGBT parents, and children born of surrogacy and via sperm and/or egg donation. They point out, for example, the startling contrast between adoption (heavily regulated) and surrogacy (basically, shockingly unregulated). This is an expose of historic importance. It should be read by anyone interested in the fields of bioethics, sociology, psychology, child development, law, public policy, gender studies and concerned about the fate of children born of reproductive technologies or raised intentionally without a mother or a father. The ramifications of these vast and sudden changes have not been addressed sufficiently or candidly outside of conservative scholarly circles. A crucial readership for this book is that of would-be parents considering having children outside of a traditional marriage or producing children via sperm or egg donation. Read what the children of such arrangements say of their lifelong pain and feelings of loss before you rush into a parenthood that cannot take place without intentional biological parent deprivation. We’ll talk today with Katy Faust, the founder and director of Them Before Us and the co-author of this important book about the rights of children. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the course of a long and successful legal career, Morris Ernst established himself as one of Americas foremost civil libertarians. Yet his advocacy of free speech – an advocacy that established the case law on which much of the subsequent jurisprudence is based – stands in stark contrast with his opposition to communism and his longstanding support for J. Edgar Hoover and his anticommunist campaigns. In The Rise and Fall of Morris Ernst, Free Speech Renegade (U Chicago Press, 2021), Samantha Barbas explores these contradictions to better understand Ernest and his legacy for our times. The son of Jewish immigrants, as a young man in college Ernst developed a gift for argumentation and an interest in progressive politics. Entering private practice after earning his law degree, he developed a reputation as a free speech crusader during the 1920s thanks to a series of high-profile legal victories and his leadership within the American Civil Liberties Union (ACLU). Yet even while developing a national reputation as a liberal attorney Ernst adopted a strident opposition to communism that sometimes put him at odds with his peers. Such was his antipathy to it that he emerged as one of Hoover’s most visible defenders on the left in the 1940s and 1950s, even supplying the FBI director with insider information on ACLU activities. As Barbas explains, such activities reflected his desire to remain relevant at a time when his greatest achievements increasingly lay behind him. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Neurolaw is based on an in-depth filmed conversation between Howard Burton and Nita Farahany, Robert O. Everett Distinguished Professor of Law and Professor of Philosophy at Duke University. Nita Farahany is a leading scholar on the ethical, legal, and social implications of emerging technologies. This wide-ranging conversation examines the growing impact of modern neuroscience on the law, deepening our understanding of a wide range of issues, from legal responsibility to the American Constitution’s Fifth Amendment privilege against self-incrimination. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sex abuse happens in all communities, but American minority religions often face disproportionate allegations of sexual abuse. Why, in a country that consistently fails to acknowledge—much less address—the sexual abuse of women and children, do American religious outsiders so often face allegations of sexual misconduct? Why does the American public presume to know “what’s really going on” in minority religious communities? Why are sex abuse allegations such an effective way to discredit people on America’s religious margins? What makes Americans so willing, so eager to identify religion as the cause of sex abuse? In Abusing Religion: Literary Persecution, Sex Scandals, and American Minority Religions (Rutgers UP, 2020), Megan Goodwin argues that sex abuse in minority religious communities is an American problem, not (merely) a religious one. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population. Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regulated way for the country’s relatively small population of heroin addicts. Yet these efforts often foundered on the economic factors involved, with many government officials protecting the trade either for personal profit or for the financial benefits the trade provided to their states. This trade only grew in the postwar era, as the explosion of drug use in the 1960s and the crackdown on the European heroin trade made Mexico an increasingly important supplier of narcotics to the United States. The vast profits to be made from this changed the nature of the trade from small-scale family-managed operations to much more complex organizations that increasingly employed violence to ensure their share of it. As Smith details, the consequences of this have proven enormously detrimental both to the Mexican state and to the Mexican people. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Worlding Postcolonial Sexualities: Publics, Counterpublics, Human Rights (Routledge, 2021) demonstrates how late twentieth century postcolonial print cultures initiated a public discourse on sexual activism and contends that postcolonial feminist and queer archives offer alternative histories of sexual precarity, vulnerability, and resistance. The book's comparative focus on India, Jamaica, and South Africa extends the valences of postcolonial feminist and queer studies towards a historical examination of South-South interactions in the theory and praxis of sexual rights. Analyzing the circumstances of production and the contents of English-language and intermittently bilingual magazines and newsletters published between the late 1970s and the late 1990s, these sources offer a way to examine the convergences and divergences between postcolonial feminist, gay, and lesbian activism. It charts a set of concerns common to feminist, gay, and lesbian activist literature: retrogressive colonial-era legislation impacting the status of women and sexual minorities; a marked increase in sexual violence; piecemeal reproductive freedoms and sexual choice under neoliberalism; the emergence and management of the HIV/AIDS crisis; precariousness of lesbian and transgender concerns within feminist and LGBTQ+ movements; and Non-Governmental Organizations as major actors articulating sexual rights as human rights. This methodologically innovative work is based on archival historical research, analyses of national and international policy documents, close readings of activist publications, and conversations with activists and founding editors. This is an important intervention in the field of gender and sexuality studies and is the winner of the 2020 Feminist Futures, Subversive Histories prize in partnership with the NWSA. The book is key reading for scholars and students in gender, sexuality, comparative literature, and postcolonial studies. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did states come to monopolize control over migration? What do the processes that produced this monopoly tell us about the modern state? In Indian Migration and Empire: A Colonial Genealogy of the Modern State (Duke UP, 2018), Radhika Mongia provocatively argues that the formation of colonial migration regulations was dependent upon, accompanied by, and generative of profound changes in normative conceptions of the modern state. Focused on state regulation of colonial Indian migration between 1834 and 1917, Mongia illuminates the genesis of central techniques of migration control. She shows how important elements of current migration regimes, including the notion of state sovereignty as embodying the authority to control migration, the distinction between free and forced migration, the emergence of passports, the formation of migration bureaucracies, and the incorporation of kinship relations into migration logics, are the product of complex debates that attended colonial migrations. By charting how state control of migration was critical to the transformation of a world dominated by empire-states into a world dominated by nation-states, Mongia challenges positions that posit a stark distinction between the colonial state and the modern state to trace aspects of their entanglements. Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Art as an Interface of Law and Justice: Affirmation, Disturbance, Disruption (Hart Publishing, 2021) looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. Such calls may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. Frans-Willem Korsten speaks with Pierre d'Alancaisez about art that attempts to support - or disturb - law in pursuit of justice. He discusses Milo Rau's The Congo Tribunal, Valeria Luiselli's novel Lost Children Archive, the practice of Forensic Architecture, and Nicolas Winding Refn's film Only God Forgives. Through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. Frans-Willem Korsten holds the chair in “Literature and Society” at the Erasmus School of Philosophy and works at the Leiden University Centre for the Arts in Society in the Netherlands. Pierre d’Alancaisez is a contemporary art curator, cultural strategist, researcher. Sometime scientist, financial services professional. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Property rights are important for economic exchange, but many governments don't protect them. Private market organizations can fill this gap by providing an institutional structure to enforce agreements, but with this power comes the ability to extort group members. Under what circumstances, then, will private organizations provide a stable environment for economic activity? Based on market case studies and a representative survey of traders in Lagos, Nigeria, this book argues that threats from the government can force an association to behave in ways that promote trade. The findings challenge the conventional wisdom that private good governance in developing countries thrives when the government keeps its hands off private group affairs. Instead, the author argues, leaders among traders behave in ways that promote trade primarily because of the threat of government intrusion. Shelby Grossman is a research scholar at the Stanford Internet Observatory. Dr. Grossman's primary research interests are in comparative politics and sub-Saharan Africa. She was previously an assistant professor of political science at the University of Memphis and a Postdoctoral Fellow at Stanford University’s Center on Democracy, Development, and the Rule of Law. Dr. Grossman earned her PhD in Government from Harvard University in 2016. Host Peter Lorentzen is an Associate Professor in the Department of Economics at the University of San Francisco, where he leads a new digital economy-focused Master's program in Applied Economics. His primary research interest is in the political economy of governance and development, particularly in China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Teacher Insurgency: A Strategic and Organizing Perspective (Harvard Education Press, 2020), Leo Casey addresses how the unexpected wave of recent teacher strikes has had a dramatic impact on American public education, teacher unions, and the larger labor movement. Casey explains how this uprising was not only born out of opposition to government policies that underfunded public schools and deprofessionalized teaching, but was also rooted in deep-seated changes in the economic climate, social movements, and, most importantly, educational politics. With an eye to maintaining the momentum of the insurgency, the author examines four key strategic questions that have arisen from the strikes: the relationship of mobilization to organizing; the relationship between protests and direct action; the conditions under which teacher strikes are most likely to be successful; and the importance of "bargaining for the common good." More broadly, Casey examines how to organize teachers for collective action, focusing on four discourses of teaching: teaching as nurturance; as professionalism; as labor and craft; and as a vocation of democratic intellectual work. Leo Casey is the Executive Director of the Albert Shanker Institute, a strategic think tank affiliated with the American Federation of Teachers. He taught and worked in New York City public high schools for twenty-eight years. During this time, he was a union activist and leader, serving for six years as a Vice President of New York City's United Federation of Teachers. In that role, he led the union's organizing in charter schools. Casey has won a number of awards for his teaching and was named the 1992 Social Studies Teacher of the Year for the American Teacher Awards. For ten years, his students--all of color, and predominantly immigrants and girls--won city and state championships in the "We the People" civics competition, twice placing fourth in the nation. Casey has worked with teachers in Tanzania and Russia on the development of civics education, and with teachers in China on promoting critical pedagogical methods. He has written extensively on civics, education, unionism and politics, in both print and on-line publications. Casey holds a PhD in political science from the University of Toronto. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Democracy: Clarifying the Muddle is based on an in-depth filmed conversation between Howard Burton and renowned political theorist John Dunn, University of Cambridge. Through an engaging dialogue format, John Dunn candidly shares his deep insights on the historical development and current significance and future of democracy in different parts of the world and the relevance of political science departments in achieving democracy and other worthwhile goals. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Welcome to Cover Story, a podcast by New Books Network devoted to long form journalism. Today, we are talking to Texas-based writer Sarah Hepola. Hepola is most known from her brave writing about drinking and the 2015 bestselling memoir Blackout: Remembering the Things I Drank to Forget. She's appeared on NPR’s Fresh Air and published in The New York Times, The Guardian, Bloomberg Businessweek, Salon and Texas Monthly, where she is a writer-at-large. Today we are talking about her recent story “In Mobile City Everybody Knows Your Name” from August 2021 Texas Monthly. A very fresh piece. Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We often talk as if individuals have entitlements to certain kinds of information: medical test results, political representatives’ voting records, crime statistics, and the like. We also talk as if these entitlements entail duties on the part of others to provide the relevant information. Moreover, we talk as if the individual’s entitlement to information also entails a range of protections against misinformation, deception, and the like. Despite the fact that these ideas are common, there is surprisingly little in the philosophical literature about the nature and contours of the relevant entitlements. In her new book, The Right to Know: Epistemic Rights and Why We Need Them (Routledge, 2021), Lani Watson seeks to remedy this. She develops a conception of epistemic rights – a distinct class entitlements which nonetheless fits neatly into the existing landscape of rights theory. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Phantoms of a Beleaguered Republic: The Deep State and the Unitary Executive (Oxford UP, 2021) helps us think about the complexity of the American political system that has grown up over the past 200 years, and how this system functions (or, at times, misfunctions) given the demands and pressures on the governmental system and the American constitutional framework. Stephen Skowronek, John Dearborn, and Desmond King focus on the concept of the deep state, a term that was frequently used during the Trump Administration, with different meanings to different audiences and citizens. The deep state has also been more clearly revealed, in certain regards, by presidential inclinations towards the unitary executive. The phantoms of the title refer to the shadows of both the deep state and the unitary executive as embedded in the original constitutional arrangement crafted in Philadelphia in 1787, through the vesting clause in Article II, Congress’s capacity to expand the republic and create more and diverse aspects of government, and the way in which congressional legislation establishes both legal regulations and norms with which the executive branch and the president are expected to cooperate. A key contention by the authors is that this uneasy tension has been in the shadows of our constitutional system since the beginning, but during other periods, elected officials finessed some of these difficulties through the presidential nominating/selection process, and with attention from the parties and the roles that the parties played in managing the system itself. With the evolution of the selection system, particularly with the shift to direct primaries and caucuses, and with parties now operating as extensions of the presidency and the president, the unitary executive has become more entrenched within the system. This beleaguered republic may be moving towards the form and function of a presidential democracy, often leaning into populism, and away from the contours and structure of the original republic. The unitary executive can operate more freely because of the system’s commitment to separation of powers, with all executive power in the hands of the president. Parallel to these developments has been the slow growth of the administrative state in the U.S., derogatorily referred to as “the deep state.” As discussed in Phantoms of a Beleaguered Republic, the state is deep in a number of directions. The reach of the national government works its way to individuals, localities, and states through a host of different means and paths. The administrative state also extends horizontally, across the dimensions of the national government itself, with layers of civil servants, policy experts, political appointees, administrative judges, staff, all doing the work they are entrusted with by elected officials and led by the president. Phantoms of a Beleaguered Republic dives into these dual dimensions of our political system—the potential for unified power in the president and presidency, and the substantive capacity of the administrative state— bringing forward the tensions between this strengthened Executive and the national state the president leads as head of the executive branch. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2017, Myanmar's military launched a campaign of widespread targeted violence against its Rohingya minority. The horrific atrocities was later described by United Nations experts as genocide. This had been building since 2012, when earlier ethnic violence erupted between Buddhists and Muslims in Western Myanmar. These very grave incidents leading to the deaths and also the flight of thousands of Rohingya to neighbouring Bangladesh was the most concentrated exodus of people since the genocide in Rwanda in 1994. In Myanmar's Enemy Within: Buddhist Violence and the Making of the Muslim 'Other' (Zed Books, 2017, 2019), Francis Wade identifies the underlying causes which flamed division, segregation and resulted in a horrific loss of life and violence. Wade explores how the manipulations by a ruling elite turned prompted neighbours to take up arms against neighbour, by politicising ethnic identity. The crisis is contextualised in the legacy of British colonialism which calcified the previously fluid dynamics of cultural groups across the country.The military junta is shown to have exploited these divisions in its campaign which targeted the Rohingya minority. In the period of extreme violence, Wade draws out how the U.N., and more broadly, how Western backers of the apparent political transition to democratisation contemporaneously ignored the unfolding situation. Through his on-the-ground accounts, Wade explores how citizens experiencing rights and freedoms unseen for half a century, under a much lauded civilian leaders such as Aung San Suu Kyi, became complicit in this humanitarian catastrophe. Francis Wade is a journalist specialising in Myanmar and Southeast Asia. He began reporting on Myanmar in 2009 and went on to cover in-depth the transition from military rule and the violence which accompanied it. He has reported for The Guardian, The London Review of Books, TIME, New York Review of Books and more. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rabbi Moses ben Nahman (1194–1270), known in English as Nahmanides and by the acronym the Ramban, was one of the most creative kabbalists, one of the deepest and most original biblical interpreters, and one of the greatest Talmudic scholars the Jewish tradition has ever produced. Join us as we talk with Moshe Halbertal about his recent book: Nahmanides: Law and Mysticism (Yale UP, 2020), where he provides a broad, systematic account of Nahmanides’s thought, exploring his conception of halakhah and his approach to the central concerns of medieval Jewish thought, as well as the relationship between Nahmanides’s kabbalah and mysticism and the existential religious drive that nourishes them. Moshe Halbertal is the John and Golda Cohen Professor of Jewish Thought and Philosophy at Hebrew University and Gruss Professor of Law at NYU Law School. He has also written Maimonides: Life and Thought. Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus(Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus(IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption(IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Constitutional Investigations is based on an in-depth filmed conversation between Howard Burton and Linda Colley, the Shelby M.C. Davis 1958 Professor of History at Princeton University. Linda Colley is a leading expert on British, imperial and global history since 1700. After inspiring insights about Linda Colley’s teachers and professors who had a strong impact on her future career as a historian, this wide-ranging conversation provides a detailed examination of the global history and present state of constitutions and their impact. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jeffrey Jenkins and Justin Peck’s new book Congress and the First Civil Rights Era, 1861-1918 (U Chicago Press, 2021) explores how Congressional Republicans enacted laws aimed at establishing an inclusive, multiracial democracy. During the Civil War and Reconstruction, Congress crafted a civil rights agenda -- including laws, strict enforcement mechanisms, and Constitutional amendments that (for a brief time) enabled Black Americans to vote, sit on juries, and exercise other civil rights. Using a rich collection of data, the book documents how the Republican coalitions that passed and enforced civil rights weakened because of GOP political weakness in the South, shifts in the political preferences of Northern voters, and lack of GOP unity over core assumptions. Jenkins and Peck offer a Congress-centered American political development perspective to understand how Republicans built civil rights yet subsequently undermined the nascent multiracial democracy that their civil rights agenda helped make possible. The book focuses on the conflict within the Republican Party and electoral trends to argue that “policy enactments are a consequence of, and a window into, evolving attitudes about civil rights.” The book’s granular political history demonstrates how legal institutions -- created by majoritarian bodies like Congress -- liberated and protected an oppressed class of citizens but also reasserted the power of the white majority. Dr. Jeffery A. Jenkins is Provost Professor of Public Policy, Political Science, and Law, Judith & John Bedrosian Chair of Governance and the Public Enterprise, Director of the Bedrosian Center, and Director of the Political Institutions and Political Economy (PIPE) Collaborative at the University of Southern California’s Sol Price School of Public Policy. Dr. Justin Peck is an Assistant Professor in the Department of Government at Wesleyan University. In addition to his work on Congress and Civil Rights, he is engaged in a project that seeks to understand how the United States’ role in international affairs leads to the production of new political ideas and to the reform of domestic political institutions. Daniella Campos assisted with this podcast. Susan Liebell is professor of political science at Saint Joseph’s University in Philadelphia. “BLM versus #BLM:The Dangers of the New Armed Rebellion Narrative” was recently published as part of the Brennan Center for Justice’s series on Protest, Insurrection, and the Second Amendment and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” appeared in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Office of Management and Budget (OMB) is sometimes described as “the most important governmental office no one has ever heard of” and it certainly occupies a very important position and role in the functioning of the American presidency and the way that the Executive branch operates. Political Scientists Meena Bose (Hofstra University) and Andrew Rudalevige (Bowdoin College) have edited an excellent primer on OMB, not just in terms of exploring what it does and how it works, but also integrating a host of perspectives examining the history, function, and details of OMB. The book begins with a Forward and an introductory chapter by the Honorable Jacob J. Lew, who served as OMB Director during both the Clinton and Obama Administrations. Lew’s chapter sets up the rest of the work in Executive Policymaking: The Role of the OMB in the Presidency (Brookings Institution Press, 2020), since he discusses OMB as an insider and a leader of the agency, as well as from the position as a cabinet secretary who also needed to work with OMB and as President Obama’s chief of staff, a position that requires a similar kind of broad understanding of the functioning and structure of the entire Executive branch. The rest of the chapters in Executive Policymaking follow Lew’s lead, with analysis from academics who study and research the presidency and the Executive branch and bureaucracy along with co-authored chapters that bring in the perspectives from other current and former OMB employees. The Office of Management and Budget has evolved from the Bureau of the Budget (BOB) that was put into place in 1921, a century ago. Over time, the BOB was moved to the Department of Treasury, but OMB was given more the responsibilities that provide it with the capacity to essentially manage the workings of the Executive branch, which is no small undertaking. The president’s budget is the way that the Executive branch can broadly manage the priorities of the bureaucracy, and OMB is the centralizing actor in the way that this essentially operates. Bose and Rudalevige, both experts on the presidency and the bureaucracy, have brought together authors who examine OMB from important and distinct perspectives. The first section of Executive Policymaking explains the role that OMB plays in the federal budget process. This section also includes a chapter that specifically looks at the president’s budget powers during the Trump Era, since abuse of these powers also led to the first of President Donald Trump’s two impeachments. The next part of the book explores Executive Orders, Central Clearance, and the Office of Information and Regulatory Affairs (OIRA), all of which are key components of the role that OMB plays in regard to the Executive branch agencies and departments. The final section of the book shifts the focus a bit from the budget to management, looking at the role that OMB plays in terms of managing the entirety of the Executive branch and also managing itself. The authors in this section also include OMB employees, who speak to their own experiences working inside this complex and important agency and the role and position that OMB holds in relation to the president, the presidency, and the Executive branch. This is a fascinating and useful examination of the many dimensions of the Office of Management and Budget, placing the agency in historical, political, and institutional context. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
According to Jonathan Swift (1667-1745) 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' Connecting the politics of abolition to wider emancipatory struggles for liberation and social justice, David Scott's book For Abolition: Essays on Prisons and Socialist Ethics (Waterside Press, 2020) argues that penal abolitionism should be understood as an important public critical pedagogy and philosophy of hope that can help to reinvigorate democracy and set society on a pathway towards living in a world without prisons. For Abolition draws upon the socialist ethics of dignity, empathy, freedom and paradigm of life to systematically critique imprisonment as a state institution characterised by 'social death'. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Heritage Politics in China: The Power of the Past (Routledge, 2020) studies the impact of heritage policies and discourses on the Chinese state and Chinese society. It sheds light on the way Chinese heritage policies have transformed the narratives and cultural practices of the past to serve the interests of the present. As well as reinforcing a collective social identity, heritage in China has served as an instrument of governance and regulation at home and a tool to generate soft power abroad. Drawing on a critical analysis of heritage policies and laws, empirical case studies, and interviews with policymakers, practitioners, and local communities, the authors offer a comprehensive perspective on the role that cultural heritage plays in Chinese politics and policy. They argue that heritage-making appropriates international, national, and local values, thereby transforming it into a public good suitable for commercial exploitation. By framing heritage as a site of cooperation, contestation, and negotiation, this book contributes to our understanding of the complex nature of heritage in the rapidly shifting landscape of contemporary China. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The rights of pregnant workers as well as (the lack of) paid maternity leave have increasingly become topics of a major policy debate in the United States. Yet, few discussions have focused on the U.S. military, where many of the latest policy changes focus on these very issues. Despite the armed forces' increases to maternity-related benefits, servicewomen continue to be stigmatized for being pregnant and taking advantage of maternity policies. In Militarized Maternity: Experiencing Pregnancy in the U.S. Armed Forces (U California Press, 2021) , Megan McFarlane analyzes military documents and conducts interviews with enlisted servicewomen and female officers. She finds a policy/culture disparity within the military that pregnant servicewomen themselves often co-construct, making the policy changes significantly less effective. McFarlane ends by offering suggestions for how these policy changes can have more impact and how they could potentially serve as an example for the broader societal debate. Dr. Megan McFarlane is an Assistant Professor at Marymount University. Her most recent research centers on women’s reproductive health care policies, with a particular focus on maternity (pre-pregnancy, pregnancy, and postpartum). Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at SUNY Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Americans rely on credit to provide for their food, clothing, shelter, transportation, and other daily necessities and the 2008 financial crisis demonstrated how they relied on private financial institutions that encouraged risky lending practices. Yet federal policy makers did little to change their approach to curbing risky lending practices and there was little political response from consumers or consumer groups. How can political scientists explain the behavior of government actors, interest groups, or borrowers? In Democracy Declined: The Failed Politics of Consumer Financial Protection (U Chicago Press, 2020), Dr. SoRelle insists that the expansion of consumer financing -- in terms of access and economic significance -- is fundamentally a political issue with serious political and economic consequences. She offers a policy-centered explanation sensitive to what she calls regulatory feedback effects that shape the behavior of bureaucrats, consumer advocates, and ordinary Americans. Individuals did not fail – they responded to systemic incentives and goals. SoRelle explains how angry borrowers' experiences with nearly invisible government policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals--they threaten the stability of entire economies. In addition to explaining the political dynamics of failure, SoRelle identifies possible remedies. This multi-method scholarship contributes to our understanding of policy feedback in an important and timely case study. Dr. Mallory E. SoRelle is an assistant professor at the Sanford School of Public Policy at Duke University. Her research interrogates how public policies are produced by, and how they reproduce, socioeconomic and political inequality in the United States. She has worked in both electoral politics and consumer advocacy. The podcast drops the week of the 10th anniversary of the Consumer Financial Protection Bureau. Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists appeared in the Washington Post’s Monkey Cage and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” can be found in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is China's new vision for regulating cyberspace? What does its new Data Security Law intend to do? Is China's Personal Information Protection Law comparable to Europe’s GDPR? What are the ramifications of China's plan to become a major global cyberpower in other parts of the world? In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, Rogier Creemers, an Assistant Professor in Modern Chinese Studies at Leiden University, discusses China's latest laws and policies in the digital space and China's plans to become a global AI leader. Creemers says China’s new Data Security Law is innovative and unique as it potentially covers every piece of data in the country. He explains that personal information protection in China's legal context concerns more about confidentiality rather than privacy. He observes how China's regulations targeting tech platforms share significant similarities with the ones in the EU. As China and Europe come to a convergence in terms of what is happening in the digital space, a previous notorious term, "cyber sovereignty", is gaining popularity. Rogier Creemers has a background in Sinology and a PhD in Law. His research focuses on Chinese domestic digital technology policy, as well as China's growing importance in global digital affairs. He is the principal investigator of the NWO Vidi Project "The Smart State: Big Data, Artificial Intelligence and the Law in China". For the Leiden Asia Centre, he directs a project on China and global cybersecurity, funded by the Dutch Ministry of Foreign Affairs. He is also a co-founder of DigiChina, a joint initiative with Stanford University and New America. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast About NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In today’s interview, we speak with Dr. Jon Gordon, incoming Assistant Professor of Sociology at Appalachian State University, who tells us about his research with criminalized men in an armed group in a marginal neighborhood in Medellín, Colombia. Jon tells us how his experiences as a teacher in both Chicago and Medellín got him interested in studying gangs and violence. He explains how doing 45 months of fieldwork allowed him to track changes in the group he studied and talks about the value—and marginalization—of long-term ethnographic fieldwork. He also reflects on how he dealt with the psychological toll of witnessing violence, and how the men he studied subverted traditional gender roles in surprising ways. Finally, he describes what happened when his mother and partner entered his field site, and the ethnographic importance of a bologna sandwich. Learn more about Dr. Gordon’s research here. Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Dr. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As soon as US media and politicians became aware of AIDS in the early 1980s, fingers were pointed not only at the gay community but also at other countries and migrant communities, particularly Haitians, as responsible for spreading the virus. Evangelical leaders, public health officials, and the Reagan administration quickly capitalized on widespread fear of the new disease to call for quarantines, immigration bans, and deportations, scapegoating and blaming HIV-positive migrants--even as the rest of the world regarded the US as the primary exporter of the virus. In The Borders of AIDS: Race, Quarantine, and Resistance (U Washington Press, 2021), Karma Chávez demonstrates how such calls proliferated and how failure to impose a quarantine for HIV-positive citizens morphed into the successful enactment of a complete ban on the regularization of HIV-positive migrants--which lasted more than twenty years. News reports, congressional records, and AIDS activist archives reveal how queer groups and migrant communities built fragile coalitions to fight against the alienation of themselves and others, asserting their capacity for resistance and resiliency. Building on existing histories of HIV/AIDS, public health, citizenship, and immigration, Chávez establishes how politicians and public health officials treated different communities with HIV/AIDS and highlights the work these communities did to resist alienation. You can get 30% off the cost of the book using the code WST30 when you are purchasing from the publishers University of Washington Press. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In First to Fall: Elijah Lovejoy and the Fight for a Free Press in the Age of Slavery (Pegasus Books, 2021), Ken Ellingwood takes readers back to the first true test of the First Amendment's guarantees of free speech and a free press through the story of abolitionist newspaper editor Elijah Lovejoy. The story unfolds during the 1830s, a period known for legal efforts to silence the abolitionist movement by states across the South and violent mobs who picked up that charge when the government could not. Lovejoy pushed back against both of those forces and ultimately succumbed to them, becoming a martyr for the abolitionist movement and a wakeup call about how essential a free press was to a free country and a thriving democracy in America. Lovejoy's story is worth revisiting now at time when attacks against journalists are again on the rise and the press is considered by some to be the "enemy of the people." Ellingwood does a wonderful job of capturing it in this book and bringing this important time in American history to light. Ken Ellingwood is an award-winning journalist, Ken Ellingwood has been posted in the San Diego, Mexico City, Jerusalem, and Atlanta bureaus of the Los Angeles Times. He is the author of the critically acclaimed (and prescient) work of investigative journalism Hard Line: Life and Death on the U.S.-Mexico Border. He currently lives in Abu Dhabi. Jenna Spinelle is an instructor in the Donald P. Bellisario College of Communications at Penn State and host of the Democracy Works podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It might seem somewhat paradoxical that in the Wars of 1898 and their aftermath—the era in which the United States expanded its imperial reach deep into the Caribbean and Pacific—international law became a feature of US foreign policy. In the midst of all of the militarism (think of Teddy Roosevelt’s roughriders storming Cuba), colonial conquest, and the use of torture to quash Philippine resistance to US colonial rule, the US government sought to make its empire legalistic and to help build a broader international legal order. Benjamin Coates, in his book Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century (Oxford UP, 2019), ably dissects this project, and, in the process, helps illuminate aspects of the United States’ overseas empire that other scholars have overlooked. Coates, an associate professor at Wake Forest University, explores the many ways in which international law bolstered imperial rule and interimperial relations. International-law arguments, for example, helped justify the seizure of the Panama Canal Zone. In Coates’ telling, then, it was not a coincidence that the US foreign-policy apparatus lawyered up—filling the State Department’s ranks with a multitude of international lawyers—at the same moment that it began to administer colonial populations abroad. I hope you enjoy our discussion! Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In State Secrecy and Security: Refiguring the Covert Imaginary (Routledge, 2021), William Walters calls for secrecy to be given a more central place in critical security studies and elevated to become a core concept when theorising power in liberal democracies. Through investigations into such themes as the mobility of cryptographic secrets, the power of public inquiries, the connection between secrecy and place-making, and the aesthetics of secrecy within immigration enforcement, Walters challenges commonplace understandings of the covert and develops new concepts, methods and themes for secrecy and security research. Walters identifies the covert imaginary as both a limit on our ability to think politics differently and a ground to develop a richer understanding of power. State Secrecy and Security offers readers a set of thinking tools to better understand the strange powers that hiding, revealing, lying, confessing, professing ignorance and many other operations of secrecy put in motion. It will be a valuable resource for scholars and students of security, secrecy and politics more broadly. William Walters is Professor of Politics and Faculty of Public Affairs Research Excellence Chair at Carleton University, Ottawa. His current research concerns secrecy, migration and deportation infrastructures. He has published widely in the areas of political sociology, political geography, citizenship studies, security and insecurity, and Foucault studies. Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office; she has previously published on US Africa Command and the 2013-16 Ebola epidemic. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why are land rights so bitterly contested in Indonesia, even after the end of Suharto’s New Order in 1998? What methods have grassroots movements used to re-possess – or to occupy – lands that have been seized by powerful entities? How come small-scale Indonesian farmers and marginalized communities crave legal recognition from the state? How did the Free Aceh Movement make the post-conflict land rights situation there worse than before? And why does Christian Lund insist that his new book is not primarily a book about Indonesia? And above all, why is “What is to be done?” the wrong question to ask about the problem of land dispossession? In this wide-ranging conversation with NIAS Director Duncan McCargo, Christian Lund – a professor in the Department of Food and Resource Economics at the University of Copenhagen – talks about his ground-breaking new book, Nine-Tenths of the Law: Enduring Dispossession in Indonesia (Yale UP, 2021). Christian explains how he switched from studying Ghana to working on ‘bedazzling’ Indonesia; and what he discovered during a long, collaborative journey of deep ethnographic immersion, during which he focused on troublesome and intractable questions of land rights, in cases drawn from North Sumatra, West Java and Aceh. The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast About NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Faith in Freedom: Muslim Immigrant Women’s Experiences of Domestic Violence (Melbourne University Press, 2019), Nafiseh Ghafournia explores questions of domestic violence in the context of Muslim immigrant women in Australia. Aiming to correct existing accounts of Muslim women’s lives and experiences particularly as immigrants, the study uses an intersectional framework to deepen our understanding of the ways that immigrant Muslim women understand, experience, and respond to domestic violence. Among the themes that the book covers are the relationships between culture, religion, gender, and immigration status in the context of domestic violence; why and when, if at all, might women leave abusive relationships; the various kinds of domestic violence that immigrant Muslim women experience, including physical, psychological, financial, spiritual, sexual, in-laws, and immigration-related violence; services available to victims and survivors of abuse; and essential information for service providers and policy makers. The book will appeal to anyone interested in immigrant experiences, domestic violence from an intersectional perspective, Muslim women; and because of its practical value, it should also be read by service providers, policymakers, ESL educators, and others who interact with immigrants on a regular basis. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She is currently working on a book project on Muslim women's marriage to non-Muslims in Islam. Shehnaz runs a YouTube channel called What the Patriarchy?!, where she vlogs about feminism and Islam in an effort to dismantle the patriarchy and uproot it from Islam (ambitious, she knows). She can be reached at haqqani_s@mercer.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There are few movements more firmly associated with civil disobedience than the Civil Rights Movement. In the mainstream imagination, civil rights activists eschewed coercion, appealed to the majority's principles, and submitted willingly to legal punishment in order to demand necessary legislative reforms and facilitate the realization of core constitutional and democratic principles. Their fidelity to the spirit of the law, commitment to civility, and allegiance to American democracy set the normative standard for liberal philosophies of civil disobedience. This narrative offers the civil disobedience of the Civil Rights Movement as a moral exemplar: a blueprint for activists who seek transformative change and racial justice within the bounds of democracy. Yet in this book, Erin R. Pineda shows how it more often functions as a disciplining example—a means of scolding activists and quieting dissent. As Pineda argues, the familiar account of Civil Rights disobedience not only misremembers history; it also distorts our political judgments about how civil disobedience might fit into democratic politics. Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021) charts the emergence of this influential account of civil disobedience in the Civil Rights Movement, and demonstrates its reliance on a narrative about black protest that is itself entangled with white supremacy. Liberal political theorists whose work informed decades of scholarship saw civil disobedience "like a white state": taking for granted the legitimacy of the constitutional order, assuming as primary the ends of constitutional integrity and stability, centering the white citizen as the normative ideal, and figuring the problem of racial injustice as limited, exceptional, and all-but-already solved. Instead, this book "sees" civil disobedience from the perspective of an activist, showing the consequences for ideas about how civil disobedience ought to unfold in the present. Building on historical and archival evidence, Pineda shows how civil rights activists, in concert with anticolonial movements across the globe, turned to civil disobedience as a practice of decolonization in order to emancipate themselves and others, and in the process transform the racial order. Pineda recovers this powerful alternative account by adopting a different theoretical approach—one which sees activists as themselves engaged in the creative work of political theorizing. Tejas Parasher is Junior Research Fellow in Political Thought and Intellectual History at King’s College, University of Cambridge. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Sorting Sexualities: Expertise and the Politics of Legal Classification (University of Chicago Press, 2021), Stefan Vogler deftly unpacks the politics of the techno-legal classification of sexuality in the United States. His study focuses specifically on state classification practices around LGBTQ people seeking asylum in the United States and sexual offenders being evaluated for carceral placement--two situations where state actors must determine individuals' sexualities. Though these legal settings are diametrically opposed--one a punitive assessment, the other a protective one--they present the same question: how do we know someone's sexuality? In this rich ethnographic study, Vogler reveals how different legal arenas take dramatically different approaches to classifying sexuality and use those classifications to legitimate different forms of social control. By delving into the histories behind these diverging classification practices and analyzing their contemporary reverberations, Vogler shows how the science of sexuality is far more central to state power than we realize. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Between 2009 and 2014, an anti-homosexuality law circulating in the Ugandan parliament came to be the focus of a global conversation about queer rights. The law attracted attention for the draconian nature of its provisions and for the involvement of US evangelical Christian activists who were said to have lobbied for its passage. Focusing on the Ugandan case, Out of Time: The Queer Politics of Postcoloniality (Oxford UP, 2020) seeks to understand the encounters and entanglements across geopolitical divides that produce and contest contemporary queerphobias. It investigates the impact and memory of the colonial encounter on the politics of sexuality, the politics of religiosity of different Christian denominations, and the political economy of contemporary homophobic moral panics. In addition, Out of Time places the Ugandan experience in conversation with contemporaneous developments in India and Britain--three locations that are yoked together by the experience of British imperialism and its afterlives. Intervening in a queer theoretical literature on temporality, Rahul Rao argues that time and space matter differently in the queer politics of postcolonial countries. By employing an intersectional analysis and drawing on a range of sources, Rao offers an original interpretation of why queerness mutates to become a metonym for categories such as nationality, religiosity, race, class, and caste. The book argues that these mutations reveal the deep grammars forged in the violence that founds and reproduces the social institutions in which queer difference struggles to make space for itself. Dr. Rahul Rao is Reader in Political Theory at SOAS University of London. He is also the author of Out of Third World Protest: Between Home and the World (2010) also published by Oxford University Press. He is a member of the Radical Philosophy collective and blogs at The Disorder of Things. He is currently writing a book about the politics of statues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In America on Fire: The Untold History of Police Violence and Black Rebellions since the 1960s (Liveright, 2021) Dr. Elizabeth Hinton asserts the significance of Black rebellions in post-civil rights America, arguing that the riots were indeed rebellions or political acts in response to the failures and unfulfilled promises of the Civil Rights period. She investigates an overlooked trend of Black uprisings emanating from poor and working-class Black neighborhoods, towns, and cities often sparked by police terror between 1964 and 1972. In refuting the racist pathologies that community violence in response to racist policing and economic disinvestment has been assigned by commissions, politicians, liberals and conservatives alike, Hinton presents a redefinition through the analytic of rebellion that enhances our understanding of resistance to anti-Blackness and policing today. Amanda Joyce Hall is a Ph.D. Candidate in History and African American Studies at Yale University. She is writing an international history on the grassroots movement against South African apartheid during the 1970s and 1980s. She tweets from @amandajoycehall Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In many ways, divorce is a quintessentially personal decision—the choice to leave a marriage that causes harm or feels unfulfilling to the two people involved. But anyone who has gone through a divorce knows the additional public dimensions of breaking up, from intense shame and societal criticism to friends’ and relatives’ unsolicited advice. In Intimate Disconnections: Divorce and the Romance of Independence in Contemporary Japan (University of Chicago Press, 2020), Allison Alexy tells the fascinating story of the changing norms surrounding divorce in Japan in the early 2000s, when sudden demographic and social changes made it a newly visible and viable option. Not only will one of three Japanese marriages today end in divorce, but divorces are suddenly much more likely to be initiated by women who cite new standards for intimacy as their motivation. As people across Japan now consider divorcing their spouses, or work to avoid separation, they face complicated questions about the risks and possibilities marriage brings: How can couples be intimate without becoming suffocatingly close? How should they build loving relationships when older models are no longer feasible? What do you do, both legally and socially, when you just can’t take it anymore?
Relating the intensely personal stories from people experiencing different stages of divorce, Alexy provides a rich ethnography of Japan while also speaking more broadly to contemporary visions of love and marriage during an era in which neoliberal values are prompting wide-ranging transformations in homes across the globe. This book is available open access. Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Every year, millions of women turn to law to help them escape intimate partner violence. The legal processes are complex and varied, often enmeshing women for many years. In Intimate Partner Violence and the Law, published by Oxford University Press in 2021, Professor Heather Douglas examines intimate partner violence, including nonphysical coercive control, and shows how women's interactions with the law and legal processes can support or exacerbate their experiences and their abilities to leave an abusive partner. Over a period of three years, Douglas conducted a series of interviews to understand how women engage with criminal, family, and civil courts. The women's stories show how abusers can use the law to further perpetuate abuse. Despite the heightened danger that leaving an abusive partner can represent, the book showcases the level of endurance, resilience and patience that it takes women when they seek protection through law for themselves and their children. Reading the first-hand experiences of women and the impact on them from their interactions with police, lawyers, judges, and child protective services is extremely moving and illuminating. The book is profoundly important in understanding the need for reform to protect women and their children from intimate partner violence. Douglas shows how the legal system operates in practice, and the gap in protection for women and their children as to how it should work. Professor Heather Douglas is a Professor of Law at the Melbourne Law School at The University of Melbourne and Honorary Professor at the School of Law at The University of Queensland. She has worked on the legal response to intimate partner violence for over twenty years, both as a practitioner and an academic. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We often hear or read the phrase “crimes against humanity” when we learn about the Holocaust, or genocide in places like Rwanda or Serbia. And just as often, we don’t reflect on what this phrase means because it seems to simply encompass horrific actions by individuals or groups, directed towards specific ethnic, religious, or cultural groups. Sinja Graf’s new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought (Oxford UP, 2021), helps us to consider what this terminology actually means and how we can and should think about both the crimes themselves and the humanity of the victims and the perpetrators. As Graf explains in the book and in our conversation, once we start to unpack this term and our conceptualization of it, the complexity of truly understanding “universal crimes” becomes starkly clear. It is also clear that this is an understudied realm within contemporary political theory. The Humanity of Universal Crime seeks to explore this complexity and to provide a path to think about and consider both the idea itself and how it is has been used in politics and processes over the past centuries. Graf knits together this exploration and understanding across disciplines, weaving in concepts from international law, political theory, colonial studies, and human rights. In the initial section of the book, John Locke’s engagement with this idea of universal crime is traced and explored to understand how Locke, who was so influential to the establishment of classical liberal thought and structures, saw the place and role of universal crime in context of the coercive power of the state. The next section of the book, which is both historical and theoretical, examines the way that colonialism created fragmentation within concepts of humanity, determining that there were those who are included under this umbrella of humanity, and, as a result, get to enjoy the protections and rights associated with being included. And there are those who were considered not fully human, and thus could be excluded from this umbrella category. As with so much else that was part of western imperial colonialism and 19th century eurocentrism, these distinctions fell along racial, religious, national, and ethnic lines. Graf’s research examines this normative fracturing of humanity during this period. The final section of The Humanity of Universal Crime is focused on more contemporary debates about distinctions between war and policing, especially in the context of the post-Cold War world. In this more recent period, structures and processes have been established and developed to legally respond to “crimes against humanity.” But Graf notes that, even so, these international systems do not necessarily have clear understandings of humanity – and how the perpetrators and the victims are both included under that umbrella category. The Humanity of Universal Crime is a keen investigation of these complex concepts and how they have been put into effect, and what we really understand about crimes against humanity and what we still need to consider. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
By the election year of 1844, Joseph Smith, the controversial founder of the Church of Jesus Christ of Latter-day Saints, had amassed a national following of some 25,000 believers. Nearly half of them lived in the city of Nauvoo, Illinois, where Smith was not only their religious leader but also the mayor and the commander-in-chief of a militia of some 2,500 men. In less than twenty years, Smith had helped transform the American religious landscape and grown his own political power substantially. Yet the standing of the Mormon people in American society remained unstable. Unable to garner federal protection, and having failed to win the support of former president Martin Van Buren or any of the other candidates in the race, Smith decided to take matters into his own hands, launching his own bid for the presidency. While many scoffed at the notion that Smith could come anywhere close to the White House, others regarded his run―and his religion―as a threat to the stability of the young nation. Hounded by mobs throughout the campaign, Smith was ultimately killed by one―the first presidential candidate to be assassinated. Though Joseph Smith's run for president is now best remembered―when it is remembered at all―for its gruesome end, the renegade campaign was revolutionary. Smith called for the total abolition of slavery, the closure of the country's penitentiaries, and the reestablishment of a national bank to stabilize the economy. But Smith's most important proposal was for an expansion of protections for religious minorities. At a time when the Bill of Rights did not apply to individual states, Smith sought to empower the federal government to protect minorities when states failed to do so. In his book Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom (Oxford UP, 2021), Spencer W. McBride tells the story of Joseph Smith's quixotic but consequential run for the White House and shows how his calls for religious freedom helped to shape the American political system we know today. Marshall Poe is the founder and editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Discussions of the ethics and politics of immigration tend to focus on those seeking entry into a new society. We ask whether a country has the “right to exclude” those who want to relocate within it. We explore the moral implications of more-or-less restrictive immigration policies, often with a view towards the plight of immigrants and refugees. These are of course important questions, but in his new book, Immigration and Freedom (Princeton University Press, 2021) Chandran Kukathas argues that a state’s immigration policies also exert control over its domestic population. He asks whether this exercise of power is justifiable. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Between 1885 and 1960, laws and policies designed to repress prostitution dramatically shaped London's commercial sex industry. J. Laite's book Common Prostitutes and Ordinary Citizens: Commercial Sex in London, 1885-1960 (Palgrave MacMillan, 2012) examines how laws translated into street-level reality, explores how women who sold sex experienced criminalization, and charts the complex dimensions of the underground sexual economy in the modern metropolis. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Students of American history know that the framers of the Constitution were deeply concerned that the United States would founder on the shoals of mob rule. They designed a system meant to ensure rule by an elected elite, a republic rather than a democracy. While democratic elements have been introduced over the past two centuries, that basic structure still stands. In Open Democracy: Reinventing Popular Rule for the Twenty-First Century (Princeton UP, 2020), Landemore argues that it is time to create a more truly democratic system, one in which elections do not play a major role. While she thinks it unlikely that the national arena is necessarily the best place to start implementing such changes, she does see opportunities for creating local assemblies or “mini-publics” where citizens chosen by lot would deliberate on and enact policies and laws. She points out that hundreds of experiments in this direction have been initiated in the past two decades, and she lays down principles and approaches that make the likelihood of success greater. Her work is profoundly optimistic about the potential for citizens from all walks of life to participate in governing their society. Jack Petranker, MA, JD, is the founder and Senior Teacher at the Center for Creative Inquiry and the Director of the Mangalam Research Center. www.jackpetranker.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Giovanni Mantilla’s new book, Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020), traces the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict, and explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. In this conversation with Yi Ning Chang, Giovanni reflects on history and theory in the study of international relations and international law, on the nature of norms and power in the international sphere, and on “theorizing possibility” in international politics. Readers in the US may use the code “09FLYER” for a 30% discount through Cornell University Press, while those outside the US may use “CSF21PSA”, also for a 30% discount, through Combined Academic Publishers. Awarded the prestigious Francis Lieber Prize for outstanding book in the field of the law of armed conflict in 2021, Lawmaking under Pressure analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict. Yi Ning Chang is a PhD student in political theory at the Department of Government at Harvard University. She works on the history of contemporary political thought, postcolonial theory and race, and the global histories of anticolonialism and anti-imperialism in Southeast Asia. Yi Ning can be reached at yiningchang@g.harvard.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On September 23, 1970, a group of antiwar activists staged a robbery at a bank in Massachusetts, during which a police officer was killed. While the three men who participated in the robbery were soon apprehended, two women escaped and became fugitives on the FBI's Ten Most Wanted list, eventually landing in a lesbian collective in Lexington, Kentucky, during the summer of 1974. In pursuit, the FBI launched a massive dragnet. Five lesbian women and one gay man ended up in jail for refusing to cooperate with federal officials, whom they saw as invading their lives and community. Dubbed the Lexington Six, the group's resistance attracted national attention, inspiring a nationwide movement in other minority communities. Like the iconic Stonewall demonstrations, this gripping story of spirited defiance has special resonance in today's America. Drawing on transcripts of the judicial hearings, contemporaneous newspaper accounts, hundreds of pages of FBI files released to the author under the Freedom of Information Act, and interviews with many of the participants, Josephine Donovan reconstructs this fascinating, untold story. The Lexington Six: Lesbian and Gay Resistance in 1970s America (University of Massachusetts Press, 2020) is a vital addition to LGBTQ, feminist, and radical American history. Josephine Donovan is professor emerita of English at the University of Maine, Orono. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford University Law School and senior fellow at the Hoover Institution, has written an examination of the power that the president has in the U.S. constitutional system. The President Who Would Not Be King: Executive Power under the Constitution (Princeton UP, 2020) presents a unique analysis of the powers that were allocated to the executive in Article II of the Constitution, as well as an exploration of the origin of many of the executive powers that are outlined in the Constitution but allocated to other branches of government within the new constitutional system. Thus, while McConnell’s focus is on the executive in the American constitutional system, the framing of this focus is in delineating the prerogative powers that Blackstone had noted belong to the monarch or the individual head of state, but that the Founders in 1787 split up. The argument in the book also clarifies the structure of Article II, explaining in important detail the sections of Article II and how they are connected to each other. McConnell’s deep dive into the discussions not only in Philadelphia in 1787, but also in the state ratifying conventions and among the different founders provide the historical context for the explicit and implied powers distributed throughout the Constitution. McConnell’s historical analysis pays particular attention to the committees that were established during the Constitutional Convention, like the Committee on Detail, that had to flesh out how the powers that were being invested in the document would manifest in operation. Thus, The President Who Would Not Be King is an historical examination of the competing ideas that were part of the conversation that ultimately became the U.S. Constitution. But McConnell does not stop at the founding period. He provides much more contemporary examples and case studies of some of the tensions around these prerogative powers that were not all given to the president in Article II. This takes up Justice Robert Jackson’s important decision in Youngstown Sheet and Tube v. Sawyer in terms of how that decision shaped expectations around executive use of power and authority, and has also positioned those expectations within, intentionally or not, our highly partisan political environment. McConnell’s work provides a path to understanding constitutional meaning from before the constitution itself was written, which is distinct from constitutional theories like originalism. The President Who Would Not Be King also wrestles with the Founders’ ideas around the complexity of separation of powers, given the executive powers that Congress holds and can use, as well as the executive powers vested in the presidency. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System (New Press, 2019) is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. **Special announcement for teachers: Usual Cruelty is available free of charge for your students and for each student assigned a complimentary copy of Usual Cruelty will be circulated in prisons. Learn more https://thenewpress.com/books/... Lee M. Pierce (she/they) is an Assistant Professor at SUNY Geneseo specializing in rhetoric, race, and U.S. political culture. They also host the Media & Communications and Language channels for New Books Network and their own podcast titled RhetoricLee Speaking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today we are talking with Becca Andrews, a journalist at Mother Jones, where she writes about reproductive rights and gender. The story we discuss is “When Choice is 221 Miles Away: The Nightmare of Getting an Abortion in the South” and its follow up. Becca’s debut work of nonfiction, No Choice, based on her Mother Jones cover story about the past, present, and future of Roe v. Wade, will be published by in 2022. Andrews is a graduate of UC Berkeley’s School of Journalism and wrote for newspapers in her home state of Tennessee. Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This collection of narrative essays by sex workers presents a crystal-clear rejoinder: there's never been a better time to fight for justice. Responding to the resurgence of the #MeToo movement in 2017, sex workers from across the industry--hookers and prostitutes, strippers and dancers, porn stars, cam models, Dommes and subs alike--complicate narratives of sexual harassment and violence, and expand conversations often limited to normative workplaces. Writing across topics such as homelessness, motherhood, and toxic masculinity, We Too: Essays on Sex Work and Survival (Feminist Press, 2021) gives voice to the fight for agency and accountability across sex industries. With contributions by leading voices in the movement such as Melissa Gira Grant, Ceyenne Doroshow, Audacia Ray, femi babylon, April Flores, and Yin Q, this anthology explores sex work as work, and sex workers as laboring subjects in need of respect--not rescue. A portion of this book's net proceeds will be donated to SWOP Behind Bars (SBB). Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Campus Carry: Confronting a Loaded Issue in Higher Education (Harvard Education Press, 2020), editors Patricia Somers and Matt Valentine lead an examination of the unintended consequences of campus gun policy and showcase voices from the college community who are grappling with the questions, issues, and consequences that have emerged at their respective institutions. While making the case that campus carry legislation is harmful, the book gathers some of the very best thinking around enacting such policies and offers valuable recommendations for mitigating its effects and preserving university values. The implementation of campus carry is complex and has provoked many questions: How does concealed carry on campus affect the free expression of ideas in the classroom or the safety of faculty holding unpopular or even controversial views? Should students who misplace or leave their weapons unattended be disciplined? How are communities of color impacted by campus carry? Along with the book's contributors, Somers and Valentine provide higher education leaders, administrators, and faculty with a valuable resource that will guide them toward considerations that might otherwise be overlooked, help them avoid pitfalls that have been encountered elsewhere, and protect institutional priorities. The book features reflection pieces from students, alumni, and faculty to illustrate the complexity and controversy of the campus carry policy. Given that the legal possession of guns in the classroom is now a reality for American educators and students in much of the country, Campus Carry concludes with a passionate call for more university-based original research on gun violence. Pat Somers is an Associate Professor in the Program of Higher Education Leadership in the Educational Leadership and Policy Department at the University of Texas at Austin. Matt Valentine teaches writing at the University of Texas at Austin, where he is a fellow of the Trice Professorship in the Plan II Honors Program. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Victoria Canning and Steve Tombs' book From Social Harm to Zemiology: A Critical Introduction (Routledge, 2021) outlines key developments in understanding social harm by setting out its historical foundations and the discussions which have proliferated since. It examines various attempts to conceptualise social harm and highlights key sites of contestation in its relationship to criminology to argue that these act as the basis for an activist zemiology, one directed towards social change for social justice. The past two decades have seen a proliferation of debate related to social harm in and around criminology. From climate catastrophe and a focus on environmental harms, unprecedented deaths generating focus on border harms and the coronavirus pandemic revealing the horror of mass and arguably avoidable deaths across the globe, critical studies in social harm appear ever more pressing. Drawing on a range of international case studies of cultural, emotional, physical and economic harms, From Social Harm to Zemiology locates the study of social harm in an accessible fashion. In doing so it sets out how a zemiological lens can moves us beyond many of the problematic legacies of criminology. This book rejects criminologies which have disproportionately served to regulate intersectional groups, and which have arguably inflicted as much or more harm by bolstering the very ideologies of control in offering minor reforms that inadvertently expand and strengthen states and corporations. It does this by sketching out the contours, objects, methods and ontologies of a disciplinary framework which rejects commonplace assumptions of 'value freedom'. From Social Harm to Zemiology advocates social change in accordance with groups who are most disenfranchised, and thus often most socially harmed. An accessible and compelling read, this book is essential reading for all zemiologists, critical criminologists, and those engaged with criminological and social theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does the record industry work? In Getting Signed: Record Contracts, Musicians, and Power in Society (Palgrave Macmillan, 2020), David Arditi, Associate Professor in Sociology and Anthropology at University of Texas at Arlington, analyses the ideology of getting signed and getting a record contract to show the alienating and exploitative effects of the record industry on musicians and the making of music. The book blends ethnographic fieldwork with critical theoretical analysis, looking at a range of issues in music, from the ‘strained solidarity’ of being in a band, the negative impact of competition and competitiveness in the music industry and in society, to longstanding issues about copyright. The book is essential reading across arts, humanities and the social sciences, as well as for anyone interested in music today. Dave O'Brien is Chancellor's Fellow, Cultural and Creative Industries, at the University of Edinburgh's College of Art. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Since the mid-nineteenth century, Americans have known the Adirondack Mountains of upstate New York as a site of industrial production, a place to heal from disease, and a sprawling outdoor playground that must be preserved in its wild state. Less well known, however, has been the area's role in hosting a network of state and federal prisons. A Prison in the Woods traces the planning, construction, and operation of penitentiaries in five Adirondack Park communities from the 1840s through the early 2000s to demonstrate that the histories of mass incarceration and environmental consciousness are interconnected. In A Prison in the Woods: Environment and Incarceration in New York’s North Country (U Massachusetts Press, 2020), Clarence Jefferson Hall Jr. reveals that the introduction of correctional facilities—especially in the last three decades of the twentieth century—unearthed long-standing conflicts over the proper uses of Adirondack nature, particularly since these sites have contributed to deforestation, pollution, and habitat decline, even as they've provided jobs and spurred economic growth. Additionally, prison plans have challenged individuals' commitment to environmental protection, tested the strength of environmental regulations, endangered environmental and public health, and exposed tensions around race, class, place, and belonging in the isolated prison towns of America's largest state park. Clarence Jefferson Hall, Jr. is an assistant professor of history at Queensborough Community College. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy and a Ph.D. candidate at the University of Wisconsin–Madison. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Between the decriminalization of contraception in 1969 and the introduction of the Charter of Rights and Freedoms in 1982, a landmark decade in the struggle for women's rights, public discourse about birth control and family planning was transformed. At the same time, a transnational conversation about the "population bomb" that threatened global famine caused by overpopulation embraced birth control technologies for a different set of reasons, revisiting controversial ideas about eugenics, heredity, and degeneration. In Challenging Choices: Canada's Population Control in the 1970s (McGill-Queen's University Press, 2020), Erika Dyck and Maureen Lux argue that reproductive politics in 1970s Canada were shaped by competing ideologies on global population control, poverty, personal autonomy, race, and gender. For some Canadians the 1970s did not bring about an era of reproductive liberty but instead reinforced traditional power dynamics and paternalistic structures of authority. Dyck and Lux present case studies of four groups of Canadians who were routinely excluded from progressive, reformist discourse: Indigenous women and their communities, those with intellectual and physical disabilities, teenage girls, and men. In different ways, each faced new levels of government regulation, scrutiny, or state intervention as they negotiated their reproductive health, rights, and responsibilities in the so-called era of sexual liberation. While acknowledging the reproductive rights gains that were made in the 1970s, the authors argue that the legal changes affected Canadians differently depending on age, social position, gender, health status, and cultural background. Illustrating the many ways to plan a modern family, these case studies reveal how the relative merits of life and choice were pitted against each other to create a new moral landscape for evaluating classic questions about population control. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Javier Guerrero's "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave MacMillan, 2020) is about the encounters of Colombian drug smugglers and the Colombian Navy, both in the open seas and along coastlines. Guerrero specifically examines the technologies involved in the War on Drugs, such as the narcosubmarines and patrol boats, the knowledge required to transport drugs and the knowledge required to stop the illicit flows. The author presents compelling new evidence for advancing an understanding of technological innovation in antagonist contexts, as well as the symbiotic and co-evolutionary character of the process of technological innovation in the War on Drugs. This book will appeal both to practitioners and scholars interested in the War on Drugs and the production of technologies in outlaw contexts. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Every good story needs a villain, and some of the early chroniclers of the pilgrim and puritan settlements found all they needed for this type of character in Thomas Morton. Peter C. Mancall tells the story in The Trials of Thomas Morton: An Anglican Lawyer, His Puritan Foes, and the Battle for a New England (Yale UP, 2019), in what reads perhaps like a historical legal thriller novel. Most of our knowledge of Morton comes from the records left by his enemies, but Mancall's new research into this enigmatic figure unveils how this unlikely anti-hero can shed tremendous light on alternate possibilities in the contentious early years of the European-Native encounter. Morton's own writings portray a vision of an altogether different kind of indigenous–settler future. Yet Morton's continued antagonism of the Plymouth and Massachusetts Bay colonial governments led to his repeated exile. While he was repudiated by the earliest generations of readers for debauchery and political menace, subsequent generations continue to find in Thomas Morton a countercultural icon in a world dominated by religious dissidents. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2014 and 2015, students at dozens of colleges and universities held protests demanding increased representation of Black and Latino students and calling for a campus climate that was less hostile to students of color. Their activism recalled an earlier era: in the 1960s and 1970s, widespread campus protest by Black and Latino students contributed to the development of affirmative action and open admissions policies. Yet in the decades since, affirmative action has become a magnet for conservative backlash and in many cases has been completely dismantled. In To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions (Columbia University Press, 2019), Amaka Okechukwu offers a historically informed sociological account of the struggles over affirmative action and open admissions in higher education. Through case studies of policy retrenchment at public universities, she documents the protracted―but not always successful―rollback of inclusive policies in the context of shifting race and class politics. To Fulfill These Rights provides a new analysis of the politics of higher education, centering the changing understandings and practices of race and class in the United States. Amaka Okechukwu is an Assistant Professor of sociology at George Mason University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Despite enormous advances in medical science and public health education over the last century, access to health care remains a dominant issue in American life. U.S. health care is often hailed as the best in the world, yet the public health emergencies of today often echo the public health emergencies of yesterday: consider the Great Influenza Pandemic of 1918–19 and COVID-19, the displacement of the Dust Bowl and the havoc of Hurricane Maria, the Reagan administration’s antipathy toward the AIDS epidemic and the lack of accountability during the water crisis in Flint, Michigan.
Spanning the period from the presidency of Woodrow Wilson to that of Donald Trump, American Health Crisis: One Hundred Years of Panic, Planning, and Politics (University of California Press, 2021) illuminates how—despite the elevation of health care as a human right throughout the world—vulnerable communities in the United States continue to be victimized by structural inequalities across disparate geographies, income levels, and ethnic groups. Martin Halliwell views contemporary public health crises through the lens of historical and cultural revisionings, suturing individual events together into a narrative of calamity that has brought us to our current crisis in health politics. American Health Crisis considers the future of public health in the United States and, presenting a reinvigorated concept of health citizenship, argues that now is the moment to act for lasting change. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests. In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question. Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book Why Should We Obey the Law? (Polity Press, 2018), George Klosko, the Henry L. and Grace Doherty Professor of Politics at the University of Virginia, has provided an introduction to the competing theories behind why people should obey the law. What Klosko refers to as “political obligations” exist in all societies, but he seeks to reveal the different justifications for such obligations in modern liberal democracies and republics. He reviews the reasons behind theories such as consent, consequentialism, and fairness, all of which have specific inadequacies for justifying broad, society-wide political obligations. Klosko also reviews his own preferred theory: multiple-principle theory, which he describes as a common-sensical approach to why we should obey the law. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World (Oxford UP, 2020), David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The laws that govern psychiatric treatment under coercion have remain largely unchanged since the eighteenth century. But this is not because of their effectiveness, rather, these laws cling to outdated notions of disability, mental illness and mental disorder why deny the fundamental rights of this category of people on an equal basis with all others. In Men in White Coats: Treatment Under Coercion (Oxford University Press, 2017) Professor George Szmukler examines the violation of these rights, such as the right to autonomy, self-determination, liberty, and security and integrity of the person in the context of the domestic laws which themselves perpetuate ongoing discrimination against people with mental impairments. Tracing first the history of the medical coercion and involuntary treatment of people with mental illnesses and mental disorders, Professor Szmukler offers a potential path which he argues would end discrimination against this category of people. He puts forward a legal framework which is non-discriminatory and is based on a person's decision-making abilities and best interests, as opposed to a diagnosis. Crucially, he argues that this law is generic, and would not apply by reason of a person's mental disorder. His solution - Fusion Law - would better support people's autonomy, better engage with the Convention on the Rights of Persons with Disabilities, and have significant social value by recognising the dignity and equality of people with mental health impairments. It would also have implications for the forensics system, in particular, with regards to defendants who have mental disorders. Professor George Szmukler is a psychiatrist who started practising in the field as a trainee in 1972. He retired from clinical work in 2012, and is now an Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience at King's college London. His major research now concerns methods of reducing compulsion and ’coercion’ in psychiatric care, for example, through the use of ’advance statements’. A related interest is mental health law, particularly the possibility of generic legislation centred on impaired decision-making capacity which would apply to all persons, regardless of the cause of the underlying disturbance of mental functioning. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
An elected politician is assassinated in the street by a terrorist associated with extreme political groups, and the national response is to encourage picnics. Thousands of people are held in prison-like conditions without judicial oversight or any time-limit on their sentence. An attempt to re-assert national sovereignty and borders leads thousands of citizens to register for dual citizenship with other countries, some overcoming family associations with genocide in their second country of nationality to do so. This is life in the UK today. How then are things still continuing as 'normal'? How can we confront these phenomena and why do we so often refuse to? What are the practices that help us to accommodate the unconscionable? How might we contend with the horrors that meet us each day, rather than becoming desensitized to them? Violent Ignorance: Confronting Racism and Migration Control (Zed Books, 2021) sets out to examine these questions through an understanding of how the past persists in the present, how trauma is silenced or reappears, and how we might reimagine identity and connection in ways that counter - rather than ignore - historic violence. In particular Hannah Jones shows how border controls and enforcement, and its corollary, racism and violence, have shifted over time. Drawing on thinkers from John Berger to Ben Okri, from Audre Lorde to Susan Sontag, the book questions what it means to belong, and discusses how hierarchies of belonging are revealed by what we can see, and what we can ignore. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Pirates and Publishers: A Social History of Copyright in Modern China (Princeton University Press, 2019) is a detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China. In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge. Fei-Hsien Wang is associate professor at the Department of History, Indiana University Bloomington. She is a historian of modern China, with a particular interest in how information, ideas, and practices were produced, transmitted, and consumed across different societies in East Asia. Her research has revolved around the relations between knowledge, commerce, and political authority after 1800. She is Associate Editor of the American Historical Review. Ghassan Moazzin is an Assistant Professor at the Hong Kong Institute for the Humanities and Social Sciences and the Department of History at the University of Hong Kong. He works on the economic and business history of 19th and 20th century China, with a particular focus on the history of foreign banking, international finance and electricity in modern China. His first book, tentatively titled Banking on the Chinese Frontier: Foreign Banks, Global Finance and the Making of Modern China, 1870–1919, is forthcoming with Cambridge University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority. Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the sexual "excesses" of Muslim men, found expression in legislation that segregated the legal control of property from the regulation of bodies, beliefs, and personhood. A fascinating genealogy that understands colonial law and the problem of difference within a broader cultural field, the book is an impressive, compelling analysis with striking resonances for a Franco-Algerian present still shaped by the legacies of the colonial past. Roxanne Panchasi is an Associate Professor of History at Simon Fraser University in Vancouver, Canada who specializes in twentieth and twenty-first century France and its empire. If you have a recent title to suggest for the podcast, please send her an email (panchasi@sfu.ca). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his majestic and magisterial new book Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence (Oxford UP, 2020), Samy Ayoub examines and demonstrates the entanglement of Islamic law and imperial political authority in the early modern period. Focused on the incorporation of Ottoman imperial authority and edicts in the late Hanafi jurisprudential tradition, this brilliant book interrupts and questions widely held assumptions about the separation between the domains of imperial politics and the Islamic legal tradition in the premodern period. The strength of this book lies in the way it provides a meticulous and dazzling intellectual history of the Hanafi legal tradition showing its internal dynamism and nuanced forms of reasoning while constantly connecting that intellectual history to broader theoretical questions about the interaction of law, juridical authority, and empire. Combining philological rigor with razor sharp conceptual dexterity, this book fundamentally reorients our understanding of the relationship between law and politics in Islamic thought and history. This lucidly written book, populated by a series of helpful tables and charts, will also be a delight to teach in advanced undergraduate and graduate seminars on a range of topics. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Animals as Legal Beings: Contesting Anthropocentric Legal Orders (University of Toronto Press, 2021), Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy. Akash Ondaatje is a historical researcher focusing on the interconnected lives of humans and animals. He studied at McGill University (B.A. History) and Queen’s University (M.A. History), where he researched human-animal relations and transatlantic exchanges in eighteenth-century British culture through his thesis, Animal Ascension: Elevation and Debasement Through Human-Animal Associations in English Satire, 1700-1820 (https://qspace.library.queensu.ca/handle/1974/27991). Contact: 17amo2@queensu.ca Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this richly observed account of migrant shopkeepers in five cities in the United Kingdom, Suzanne Hall examines the brutal contradictions of sovereignty and capitalism in the formation of street livelihoods in the urban margins. Hall locates The Migrant's Paradox: Street Livelihoods and Marginal Citizenship in Britain (University of Minnesota Press, 2021) on streets in the far-flung parts of de-industrialized peripheries, where jobs are hard to come by and the impacts of historic state underinvestment are deeply felt. Drawing on hundreds of in-person interviews on streets in Birmingham, Bristol, Leicester, London, and Manchester, Hall brings together histories of colonization with current forms of coloniality. Her six-year project spans the combined impacts of the 2008 financial crisis, austerity governance, punitive immigration laws and the Brexit Referendum, and processes of state-sanctioned regeneration. She incorporates the spaces of shops, conference halls, and planning offices to capture how official border talk overlaps with everyday formations of work and belonging on the street. Original and ambitious, Hall’s work complicates understandings of migrants, demonstrating how migrant journeys and claims to space illuminate the relations between global displacement and urban emplacement. In articulating “a citizenship of the edge” as an adaptive and audacious mode of belonging, she shows how sovereignty and inequality are maintained and refuted. Suzanne M. Hall is associate professor of sociology at the London School of Economics and Political Science, where she codirects the Cities Programme. She is the author of City, Street and Citizen: The Measure of the Ordinary and co-editor of The Sage Handbook of the 21st Century City. Alize Arıcan is an incoming Postdoctoral Fellow at Rutgers University's Center for Cultural Analysis. She is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, Radical Housing Journal, and entanglements: experiments in multimodal ethnography. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Nate Holdren is the author of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era, published by Cambridge University Press in 2020. Injury Impoverished looks at the history of U.S. workplace injuries in the late-19th and early-20th Centuries. As the workers, employers, and reformers attempted to tackle the drastically high rates of workplace injuries and deaths, the nation passed a number of compensation laws that fundamentally changed how the law approached workplace injuries. Holdren, in examining this history illustrates the many shortcomings of these laws, and how laws meant to help employees were often used to do the exact opposite. At the heart of Holdren’s study is whether or not the economy and the legal system was interested in and able to do justice for a workers. Dr. Holdren is an Assistant Professor at Drake University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Nelson Johnson about his new book Darrow's Nightmare: The Forgotten Story of America's Most Famous Trial Lawyer (Rosetta Books, 2021) In 1911 the 26-year-span in which Clarence Darrow took on capital punishment, advocated for civil rights, and handled the Scopes trial was still before him. Those accomplishments might never have happened if he hadn’t survived two torturous years in Los Angeles. First, he sought to settle the case of labor activists bombing the Los Angeles Times building and killing 20 people. Then, Darrow on trial himself on charges of having tried to bribe a prospective juror in the LA Times case. Up against Darrow was the power structure of L.A. On Darrow’s side, was his wife and two brilliant attorneys, one of whom later drank himself to death (Earl Rogers) and another who was later committed to a mental institution (Horace Appel). In between, all sorts of legal and extra-legal connivances took place as touched on in this episode. Nelson Johnson is a retired N. J. Superior Court Judge who practiced law for 30 years prior to serving on the bench. Early in his career he represented the Atlantic City Planning Board. That experience resulted in “Boardwalk Empire,” which inspired the HBO series. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eve Rosen's The Voucher Promise: 'Section 8' and the Fate of an American Neighborhood (Princeton UP, 2020) examines the Housing Voucher Choice Program, colloquially known as "Section 8," and the effect of the program on low-income families living in Park Heights in Baltimore. In a new era of housing policy that hopes to solve poverty with opportunity in the form of jobs, social networks, education, and safety, the program offers the poor access to a new world: safe streets, good schools, and well-paying jobs through housing vouchers. The system should, in theory, give recipients access to housing in a wide range of neighborhoods, but in The Voucher Promise, Rosen examines how the housing policy, while showing great promise, faces critical limitations. Rosen spent over a year living in a Park Heights neighborhood, getting to know families, accompanying them on housing searches, spending time on front stoops, and learning about the history of the neighborhood and the homeowners who had settled there decades ago. She examines why, when low-income renters are given the opportunity to afford a home in a more resource-rich neighborhood, they do not relocate to one, observing where they instead end up and other opportunities housing vouchers may offer them. Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), about the transformation of low-status occupations into cool, cultural taste-making jobs (cocktail bartenders, craft distillers, upscale men’s barbers, and whole animal butchers), and of Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), about growth policies, nightlife, and conflict in gentrified neighborhoods. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Professor Wayne Hudson knows a lot - a whole lot - about religion and society. In Australian Jurists and Christianity (The Federation Press, 2021) Wayne, as co-editor, assembles a collection of biographical essays providing new perspectives on the relationship between law and religion in Australia. It claims that the relationship between law and religion was more significant in Australia than has been suggested. Specifically, it suggests that Christianity was a significant influence on Australian jurists, both as public figures and as makers of Australian law. The work includes case studies of 24 leading Australian jurists: Lachlan Macquarie, James Stephen, Richard Bourke, John Hubert Plunkett, George Higinbotham, Samuel Griffith, Inglis Clark, Henry Bournes Higgins, Alfred Deakin, Edith Cowan, Lord Atkin, Robert Menzies, WJV Windeyer, Roma Mitchell, Gough Whitlam, Ron Wilson, Christopher Weeramantry, Gerard Brennan, William Deane, Robin Sharwood, Eddie Mabo, Murray Gleeson, Michael Kirby and John Hatzistergos. This volume forms part of the international series Great Christian Jurists produced under the auspices of the Center for the Study of Law and Religion at Emory University and includes a foreword by Australia’s renowned legal historian, Bruce Kercher. Professor Wayne Hudson - Research Professor at Charles Sturt University, Canberra and Adjunct Professor at the University of Tasmania, and a visiting fellow at the Australian National University. Working across the fields of philosophy, history, politics and religion, he has published twenty-four books and eighty-four refereed articles and book chapters, and has won twenty-five research grants. He has lectured at Oxford University, the Collège international de philosophie in Paris, McGill University in Canada, and at Beijing Foreign Studies University and the Institute of Law of the Chinese Academy of Social Sciences. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
According to an intuitive view, those who commit crimes are justifiably subject to punishment. Depending on the severity of the wrongdoing constitutive of the crime, punishment can be severe: incarceration, confinement, depravation, and so on. The common thought is that in committing serious crimes, persons render themselves deserving of punishment by the State. Punishment, then, is simply a matter of giving offenders their just deserts. Call this broad view retributivism. What if retributivism’s underlying idea of desert is fundamentally confused? What if persons lack the kind of free will that would make them deserving of punishment in the sense that retributivism requires? This is the central question of Gregg Caruso’s new book, Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (Cambridge, 2021). After arguing against the idea that persons can be deserving of punishment in the retributivist’s sense, Caruso develops an alternative approach to criminal behavior that he called the Public-Health Quarantine Model. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lydia Harvey was meant to disappear. She was young and working class; she'd walked the streets, worked in brothels, and had no money of her own. In 1910, politicians, pimps, policemen and moral reformers saw her as just one of many 'girls who disappeared'. But when she took the stand to give testimony at the trial of her traffickers, she ensured she'd never be forgotten. In The Disappearance of Lydia Harvey: A True Story of Sex, Crime and the Meaning of Justice (Profile Books, 2021), historian Julia Laite traces Lydia's extraordinary life from her home in New Zealand to the streets of Buenos Aires and safe houses of London. She also reveals the lives of international traffickers Antonio Carvelli and his mysterious wife Marie, the policemen who tracked them down, the journalists who stoked the scandal, and Eilidh MacDougall, who made it her life's mission to help women who'd been abused and disbelieved. Together, they tell an immersive story of crime, travel and sexual exploitation, of lives long overlooked and forgotten by history, and of a world transforming into the 20th century Pamela Fuentes is an Assistant Professor in the Women’s and Gender Studies Department at Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Warsaw Ghetto Police: The Jewish Order Service during the Nazi Occupation (Cornell University Press/US Holocaust Memorial Museum, 2021) , Katarzyna Person shines a spotlight on the lawyers, engineers, young yeshiva graduates, and sons of connected businessmen who, in the autumn of 1940, joined the newly formed Jewish Order Service. Person tracks the everyday life of policemen as their involvement with the horrors of ghetto life gradually increased. Facing and engaging with brutality, corruption, and the degradation and humiliation of their own people, these policemen found it virtually impossible to exercise individual agency. While some saw the Jewish police as fellow victims, others viewed them as a more dangerous threat than the German occupation authorities; both were held responsible for the destruction of a historically important and thriving community. Person emphasizes the complexity of the situation, the policemen's place in the network of social life in the ghetto, and the difficulty behind the choices that they made. By placing the actions of the Jewish Order Service in historical context, she explores both the decisions that its members were forced to make and the consequences of those actions. Featuring testimonies of members of the Jewish Order Service, and of others who could see them as they themselves could not, Warsaw Ghetto Police brings these impossible situations to life. It also demonstrates how a community chooses to remember those whose allegiances did not seem clear. Katarzyna Person is a historian specialising in the history of the Holocaust and its aftermath in occupied Poland, working in the Jewish Historical Institute in Warsaw. She is the author of Assimilated Jews in the Warsaw Ghetto (Syracuse University Press, 2014). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Since the decline of piracy off the coast of the Horn of Africa, Southeast Asia has re-emerged as the world’s hotspot for maritime piracy, with 85 reported attacks in the region in 2020 alone. Unlike much of the rest of the world, Southeast Asia has also seen a resurgence of sophisticated maritime piracy, beyond just simple robberies. Yet this recent upsurge in maritime piracy is no coincidence. Professor Justin Hastings spoke to Dr Natali Pearson about Southeast Asia’s long history of maritime piracy, highlighting how the region’s archipelagic geography, legacies from colonial rule, trade integration, contested maritime boundaries, political unrest, and weak governance have all contributed to the rise of maritime piracy, and explaining the many strategies pirates have adopted over time to respond to state crackdowns. Justin Hastings is Professor of International Relations and Comparative Politics at the University of Sydney. He researches the geography and political economy of clandestine groups, including maritime pirates, organized criminals, terrorists, insurgents, nuclear traffickers, and black and gray markets, with a focus on Southeast Asia, Northeast Asia, and the Indian Ocean Region. He is the author of No Man’s Land: Globalization, Territory, and Clandestine Groups in Southeast Asia (2010) and A Most Enterprising Country: North Korea in the Global Economy (2016). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Linda Colley is a luminary in the fields of British and imperial history, and the Shelby M. C. Davis 1958 Professor of History at Princeton University. Her captivating new book The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World (Liveright, 2021) narrates a sweeping global history of written constitutions from the 18th to the 21st century. Bold, imaginative, and strikingly original, it challenges established accounts and uncovers the close connection between constitution-making and warfare. Colley brings to the fore historiographically neglected sites and actors, from Catherine the Great to Sierra Leone's James Africanus Beale Horton and Tunisia's soldier-constitutionalist Khayr-al-Din. The monograph focuses on the myriad ways in which constitutions crossed boundaries and intersected with wider political, cultural, and socioeconomic forces in all corners of the globe. By displaying both the emancipatory and the repressive effects of modern constitutions, The Gun, the Ship, and the Pen retells the serpentine story of successful and failed attempts to redefine the functions and limits of state governments. Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Aggressors in Blue: Exposing Police Sexual Misconduct (Palgrave Macmillan, 2020) presents a powerful and thorough investigation into police deviance and sexual misconduct in the US. Drawing on news reports, official government press releases and academic research sources, Tom Barker examines a wide array of cases including sexual harassment, sexual abuse, child molestation and police killings, including those of prisoners behind bars. Substantiated with additional cases from the UK, Russia and beyond, analysis is also conducted of the experiences of the victims of those crimes. Aggressors in Blue argues that this misconduct has its roots in the nature of the law enforcement occupation, and outlines the typical conditions which enables police sexual abuse to take place. This is a bold new investigation which speaks to students and academics in criminal justice, criminology and social justice in particular, as well as to scholars, social justice advocates, law enforcement professionals, policy-makers and academics in other related disciplines. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bounded by desert and mountains, El Centro, California, is isolated and difficult to reach. However, its location close to the border between San Diego and Yuma, Arizona, has made it an important place for Mexican migrants attracted to the valley’s agricultural economy. In 1945, it also became home to the El Centro Immigration Detention Camp. The Shadow of El Centro: A History of Migrant Incarceration and Solidarity (University of North Carolina Press, 2021) tells the story of how that camp evolved into the Immigration and Customs Enforcement Service Processing Center of the 2000s and became a national model for detaining migrants—a place where the policing of migration, the racialization of labor, and detainee resistance coalesced. Using government correspondence, photographs, oral histories, and private documents, Jessica Ordaz reveals the rise and transformation of migrant detention through this groundbreaking history of one detention camp. The story shows how the U.S. detention system was built to extract labor, to discipline, and to control migration, and it helps us understand the long and shadowy history of how immigration officials went from detaining a few thousand unauthorized migrants during the 1940s to confining hundreds of thousands of people by the end of the twentieth century. Ordaz also uncovers how these detained migrants have worked together to create transnational solidarities and innovative forms of resistance. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The American atomic bomb was born in secrecy. From the moment scientists first conceived of its possibility to the bombings of Hiroshima and Nagasaki and beyond, there were efforts to control the spread of nuclear information and the newly discovered scientific facts that made such powerful weapons possible. The totalizing scientific secrecy that the atomic bomb appeared to demand was new, unusual, and very nearly unprecedented. It was foreign to American science and American democracy--and potentially incompatible with both. From the beginning, this secrecy was controversial, and it was always contested. The atomic bomb was not merely the application of science to war, but the result of decades of investment in scientific education, infrastructure, and global collaboration. If secrecy became the norm, how would science survive? Drawing on troves of declassified files, including records released by the government for the first time through the author's efforts, Alex Wellerstein's book Restricted Data: The History of Nuclear Secrecy in the United States (University of Chicago Press, 2021) traces the complex evolution of the US nuclear secrecy regime from the first whisper of the atomic bomb through the mounting tensions of the Cold War and into the early twenty-first century. A compelling history of powerful ideas at war, it tells a story that feels distinctly American: rich, sprawling, and built on the conflict between high-minded idealism and ugly, fearful power. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Human Rights Dictatorship: Socialism, Global Solidarity and Revolution in East Germany (Cambridge UP, 2020), Ned Richardson-Little exposes the forgotten history of human rights in the German Democratic Republic, placing the history of the Cold War, Eastern European dissidents and the revolutions of 1989 in a new light. By demonstrating how even a communist dictatorship could imagine itself to be a champion of human rights, this book challenges popular narratives on the fall of the Berlin Wall and illustrates how notions of human rights evolved in the Cold War as they were re-imagined in East Germany by both dissidents and state officials. Ultimately, the fight for human rights in East Germany was part of a global battle in the post-war era over competing conceptions of what human rights meant. Nonetheless, the collapse of dictatorship in East Germany did not end this conflict, as citizens had to choose for themselves what kind of human rights would follow in its wake. Jill Massino is a scholar of modern Eastern Europe with a focus on Romania, gender, and everyday life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Michelle Schwarze’s engaging new book, Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought (Cambridge UP, 2020), delves into the idea and role of resentment within the political environment and how spectatorial resentment can work to support the pursuit of justice within society and political systems. Schwarze argues that resentment, as an emotion, recognizes the humanity in others, and, if realized appropriately, can help integrate emotions into political life. The liberal political project focuses so much on rationality and eliding the emotions, the turn to resentment and, from it, sympathy can seem at odds both with the modern liberal approach and with our general understanding of resentment. Schwarze’s research centers around three thinkers from the Scottish Enlightenment, Bishop Joseph Butler, Adam Smith, and David Hume. Recognizing Resentment also integrates work by Thomas Hobbes, Bernard Mandeville, Samuel von Pufendorf, as all of these thinkers were considering the role of sentiment, specifically sympathy within liberal society, and this is a path towards sympathetic resentment, which allows a citizen to put themselves in the shoes of another, particularly an individual who has been wronged or is a victim, and to advocate for justice on behalf of another. Spectatorial resentment is the embodiment of this capacity, this ability to adopt emotions on behalf of other people—especially anger—and this can sustain a kind of contagion sympathy. Recognizing Resentment’s focus on Butler, Hume, and Smith as their work is trying to get at the emotions that are behind justice, pursuing the specific concern with social trust. The individual needs to be able to adopt the resentment of others—this also provides a kind of equality across citizens, thus leading to a form of political equality, which is a key component of liberal society. Schwarze also discussed the pitfalls or problems with sympathetic resentment, and the forms of inequality that can undermine the capacity for true spectatorial resentment. If citizens are too stratified, particularly based on class and wealth, it becomes quite difficult to sympathize with each other. Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought leads the reader through the complexities of affect within politics and political thought, and argues for the importance of resentment within a just political order. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
'To be missing, you must be missed'. Erin Stewart's 2021 book examines missing for just about every point of view. In Australia 38,000 people are reported missing each year and in the US it's over 600,000. In the UK someone is reported missing every 90 seconds. Many of these cases are never resolved. Blending long-form journalism with true crime and philosophy, The Missing Among Us: Stories of Missing Persons and Those Left Behind (NewSouth, 2020) takes us from the Australian bush to the battlefields of Northern France and the perilous space of a refugee camp to explore the stories of the missing. Erin Stewart speaks to parents of missing children, former cult members, detectives and investigators, advocates working on the crisis of missing refugees, a child of the Stolen Generations and many more to trace the mysterious world of missing persons. Examining famous cases like that of Madeleine McCann to those who are lesser known yet equally loved and mourned, this unique book forces us to see the complex story behind each missing person and those they leave behind. Erin Stewart PhD in non-fiction writing, working as a freelance writer based in Canberra. Erin approaches writing with radical curiosity, always looking for fascinating stories incorporating strong analysis and reflection. Erin focus on stories and people that/who present the unexpected and make us see the world a little differently. Topics include the intersections of culture, tech, medicine, politics, and personal experiences. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Joseph McQuade about his book A Genealogy of Terrorism: Colonial Law and the Origins of an Idea (Cambridge University Press, 2020). Using India as a case study, Joseph McQuade demonstrates how the modern concept of terrorism was shaped by colonial emergency laws dating back into the nineteenth and early twentieth centuries. Beginning with the 'thugs', 'pirates', and 'fanatics' of the nineteenth century, McQuade traces the emerging and novel legal category of 'the terrorist' in early twentieth-century colonial law, ending with an examination of the first international law to target global terrorism in the 1930s. Drawing on a wide range of archival research and a detailed empirical study of evolving emergency laws in British India, he argues that the idea of terrorism emerged as a deliberate strategy by officials seeking to depoliticize the actions of anti-colonial revolutionaries, and that many of the ideas embedded in this colonial legislation continue to shape contemporary understandings of terrorism today. Dr. Joseph McQuade is a Postdoctoral Fellow in the Asian Institute at the Munk School of Global Affairs and Public Policy at the University of Toronto. Samee Siddiqui is a former journalist who is currently a PhD Candidate at the Department of History, University of North Carolina at Chapel Hill. His dissertation explores discussions relating to religion, race, and empire between South Asian and Japanese figures in Tokyo from 1905 until 1945. You can find him on twitter @ssiddiqui83 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Privilege and Punishment: How Race and Class Matter in Criminal Court (Princeton UP, 2020) by Matthew Clair is a powerful ethnographic study of the experiences and perspectives of criminal defendants. While many studies have demonstrated the existence of race and class disparities in the criminal justice system, Clair conducted a rare and compelling study that puts heart and emotion into these disparities. As he argues and shows, not only should we care about quantitative inequalities in criminal justice, but "[w]e should [also] be concerned about differences in the quality of the court experience" for so many defendants. Clair did extensive interviews with and observed criminal defendants, defense lawyers, judges, police officers, and others interact with each other in the Boston court system. What he shows is a system that operates differently for people of privilege compared to people without. While many criminal defendants face struggles of alienation from societal structures, the underprivileged often resort to crime out of necessity, whereas privileged defendants were more likely to enter the system because of pleasure-seeking or to avoid pain. Once in courtrooms, underprivileged defendants, especially racial minorities, develop profound mistrust of their court-appointed attorneys. These defendants face, and have often repeatedly been represented by overworked lawyers who often refuse to listen or to develop relationships of trust with their clients, which led many of these defendants to "withdraw," as Clair coins it, from the attorney-client relationship. Some resisted the lawyer or the court: complaining openly about the lack of diligence, asking the court to appoint new counsel, or taking it upon themselves (often with group support) to learn the law and make the arguments their lawyers refused to make. Others developed what Clair calls an attitude of resignation, recognizing the futility of their situation, and essentially giving up the fight. The experience is fundamentally different for privileged defendants. These defendants often have broad social circles that include the police or lawyers. Because of those connections, they are able to obtain counsel of their choice. The payment of fees engenders trust in the relationship. These defendants defer to their lawyers, trust their judgment, and feel genuinely satisfied with the representation. Clair argues that courts punish those defendants who withdraw from their lawyers and reward those who defer to them. He calls on lawyers to develop more trusting relationships with their clients and to work toward a more holistic style of defense that considers more than just the legal issues in the case. He encourages courts to allow defendants to choose their court-appointed attorney and to encourage a more participatory legal system in which defendants are not punished for expressing dissatisfaction with their lawyer. Clair's study is replete with compelling and personal examples. The narrative is what makes this study especially moving. Clair gives voice to those who repeatedly tried, but failed to get their lawyers and courts to listen. Because of Clair's work, we can now hear them. Samuel P. Newton is an Assistant Professor of Law at the University of Idaho. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Palila v Hawaii. New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building ― in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species ― from birds to lions ― have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems ― rivers, forests, mountains, and more ― have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature: A Legal Revolution That Could Save the World (ECW Press, 2017), noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever. David R. Boyd is an environmental lawyer, professor, and advocate for recognition of the right to live in a healthy environment. Boyd is the award-winning author of eight books, including The Optimistic Environmentalist, and co-chaired Vancouver’s Greenest City initiative with Mayor Gregor Robertson. He lives on Pender Island, B.C. For more information, visit DavidRichardBoyd.com. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Genocide is not only a problem of mass death, but also of how, as a relatively new idea and law, it organizes and distorts thinking about civilian destruction. Taking the normative perspective of civilian immunity from military attack, A. Dirk Moses argues that the implicit hierarchy of international criminal law, atop which sits genocide as the 'crime of crimes', blinds us to other types of humanly caused civilian death, like bombing cities, and the 'collateral damage' of missile and drone strikes. Talk of genocide, then, can function ideologically to detract from systematic violence against civilians perpetrated by governments of all types. The Problems of Genocide: Permanent Security and the Language of Transgression (Cambridge UP, 2021) contends that this violence is the consequence of 'permanent security' imperatives: the striving of states, and armed groups seeking to found states, to make themselves invulnerable to threats. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. In Liberty for All: Defending Everyone's Religious Freedom in a Pluralistic Age (Brazos Press, 2021), Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George. Zach McCulley (@zamccull) is a historian of religion and literary cultures in early modern England and PhD candidate in history at Queen's University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Cristina Beltrán has written a thoughtful and interrogating analysis of the concept of citizenship, particularly in the United States, and how the history of the United States as a country has shaped an understanding of who gets to be “belong” as a member of this society. The book, Cruelty as Citizenship: How Migrant Suffering Sustains White Democracy is part of the Forerunners book series published by the University of Minnesota Press—this series, as we discuss in our conversation, publishes shorter works that dig into ideas across a broad and interdisciplinary spectrum. And this is precisely what Beltrán has done in this book, in terms of engaging historiography, Cultural Studies, LatinX Studies, political theory, American Studies, and other disciplines to aid her unwrapping of our understanding of immigrants and migrants, and why there is an interest in seeing these groups as “others” and, among certain segments of the population, wanting to make sure they suffer in this exclusionary position. Beltrán takes the reader through both imagined and real spaces in terms of the place of the immigrant and the migrant in the United States, weaving the role of the American frontier, the way that settler-colonialism operated inside the U.S., and an understanding of white identity within all of these contexts. Cruelty as Citizenship is an accessible exploration of the tensions within the United States that surround our reactions to those coming to this country (forcibly, or by choice) and how racial identity has shaped the varied experiences and responses of those who come to the United States and those who have proceeded them here. As Beltrán noted in our discussion, she had come to this work in an effort to tease out the different political affiliations within the LatinX population in the U.S. What she found was that in order to understand the political responses by LatinX voters, the entire dynamic between different racial groups and the role of racial domination needs to be explored. Thus, Cruelty as Citizenship is the result of digging into the political dynamics within different racial groups in the United States, and getting at the role of white identity, and thus white democracy, within American cultural concepts and expectations of political and state power. Cruelty as Citizenship guides the reader through multiple facets of American history, politics, culture, and ideas about what it is to be American and who has the right to claim this identity as their own. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts (Oxford UP, 2018) brings together an extraordinary collection of data and analysis which concerns how domestic courts interpret and apply the Convention on the Rights of Persons with Disabilities. It is the first thorough comparative collection of research which brings together the approaches to the interpretation and application of the CRPD in domestic courts across thirteen jurisdictions from around the world. In this groundbreaking book, leading global scholars in disability law, Professor Lisa Waddington and Professor Anna Lawson, give the reader unique insight into the influence that the CRPD is having in domestic courts. The first part of the book provides an extensive comparative analysis of the role of the courts in bringing about compliance with the Convention. The second half of the book brings together these findings, offering understandings into the implications for human rights law and theory, contextualised more broadly in international human rights law. This work will be the basis for extensive research into the uses and application of the CRPD, especially with regards to the function and limits of the role of the courts in disability rights enforcement. The book is be an essential resource for any scholar or student of disability law, international law, and human rights. Lisa Waddington is a Professor, and Endowed Chair of International and European Law in the faculty of law in Maastricht University in the Netherlands. She holds the European Disability Forum Chair in European Disability Law and her principal area of interest lies in European and comparative disability law, the UN Convention on the Rights of Persons with Disabilities, and European and comparative equality law. Anna Lawson is a Professor in disability and law at the University of Leeds. She is the Joint Director of the University wide interdisciplinary Centre for Disability Studies and the Co-ordinator of the Disability Law Hub. She holds membership, trustee and advisory positions in a range of local, national and international disabled people’s and human rights organisations and regularly advises policy-makers, governments and intergovernmental organisations. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do women claim rights against violence in India and with what consequences? By observing how survivors navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world's largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women's groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States: Negotiating Violence and Rights in India (Oxford UP, 2020) shows how the Indian criminal justice system governs violence against women not by protecting them from harm, but by forcing them to become "capable": to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury's book houses implications for how we understand gender inequality and governance not just in India, but large parts of the world where political mobilization for rights confronts negligent criminal justice systems throughout the world. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the wake of the George Floyd killing, many Americans are engaging in a renewed debate about the role violence and especially police violence, plays in American society. In A Pattern of Violence: How the Law Classifies Crimes and What it Means for Justice (Harvard UP, 2020), David Alan Sklansky, the Stanley Morrison Professor of Law at Stanford Law School, argues that in order to think sensibly about criminal justice, we must consider how we think about violence and the criminal law’s role in shaping our perceptions. Sklansky argues that the criminal law’s definitions of violence have proven “slippery” and have been used in highly inconsistent ways. We talk about offenders as being characterologically violent, but contrastingly talk about the police, gun owners, or free speech activists in nonviolent terms. For example, police officers use “force” to subdue “vicious” criminals. Or they “stop and frisk” suspects instead of violently violating a person’s bodily integrity. While the police have increasingly militarized and have become more insular and reactionary, Sklansky argues that police institutions themselves have also played a role in creating many of the situations in which the police find themselves. Additionally, Sklansky significantly details how our conversations of violence regarding rape and domestic violence, the treatment of juvenile offenders, and free speech and gun rights, suffer from the same inconsistencies, especially as they tend to exaggerate and perpetuate race, gender, and class differences. Sklansky argues that the law has not always drawn consistent boundaries between violent and non-violent offenses. Burglary, while labeled a violent felony, requires no act of interpersonal violence. Assault or battery, on the other hand, are often misdemeanors, though they require physical violence. In addition to thinking inconsistently about violence, most Americans accept and even celebrate forms of societal violence. For example, American prisons, while not officially condoning violence, allow and sometimes encourage violence against prisoners as forms of discipline and retribution. As Sklansky argues, violence in these institutions is often treated as a form of entertainment, a “morbid parody of combat sports.” Sklansky prompts us to confront our overly simplistic definitions and assumptions about violence in the American law. He encourages us to take advantage of an increased awareness of violence and to work toward more just and consistent definitions. Samuel P. Newton is an Assistant Professor of Law at the University of Idaho College of Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is the impact of surveillance capitalism on our right to free speech? The Internet once promised to be a place of extraordinary freedom beyond the control of money or politics, but today corporations and platforms exercise more control over our ability to access information and share knowledge to a greater extent than any state. From the online calls to arms in the thick of the Arab Spring to the contemporary front line of misinformation, Jillian York charts the war over our digital rights. She looks at both how the big corporations have become unaccountable censors, and the devastating impact it has had on those who have been censored. In Silicon Values: The Future of Free Speech Under Surveillance Capitalism (Verso Book, 2021), leading campaigner Jillian York, looks at how our rights have become increasingly undermined by the major corporations desire to harvest our personal data and turn it into profit. She also looks at how governments have used the same technology to monitor citizens and threatened our ability to communicate. As a result our daily lives, and private thoughts, are being policed in an unprecedented manner. Who decides the difference between political debate and hate speech? How does this impact on our identity, our ability to create communities and to protest? Who regulates the censors? In response to this threat to our democracy, York proposes a user-powered movement against the platforms that demands change and a new form of ownership over our own data. Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Migration and Hybrid Political Regimes: Navigating the Legal Landscape in Russia (University of California Press, 2020), Dr. Rustam Urinboyev presents rich ethnographic material to reconceptualize how migrants adapt to new legal environment in hybrid political regimes that are neither democratic nor conventionally authoritarian. Focused on Uzbek labor migrants from the Fergana Valley in Uzbekistan, Urinboyev’s book makes an important contribution to the literature on migration studies, socio-legal scholarship and Russian and Central Asian Studies by ethnographically demonstrating how Uzbek migrants negotiate the Russia’s immigration legal regime by relying on various informal and illegal practices that offer alternative means of adaptation under the conditions of shadow economy. Placing emphasis on the agency of Uzbek labor migrants, Urinboyev shows how they use informal channels to secure employment, wages, and other forms of protection despite the difficulty of operating within the official legal framework. Accessible to a wide audience, the book will be of interest to policy makers, scholars, students, and anyone else interested in contemporary global migration, Central Asia, and Russia. The book was published open-access and can be found here. Nicholas Seay is a PhD student at Ohio State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Give Me Liberty: A History of America's Exceptional Idea (Basic Books, 2019), Richard Brookhiser has written a history of an idea, liberty, using an unconventional format of a review of documents from America’s past that touch upon different understandings of liberty. Brookhiser reviews thirteen documents from each era of America’s past. He starts with the 1619 document noting the beginning of representative and deliberative self-government in Jamestown, Virginia. He includes a review of notable, well known documents, from the Seneca Falls Declaration from 1848 to Lincoln’s Gettysburg Address from 1863 to William Jennings Bryan’s “Cross of Gold” speech in 1896 to Ronald Reagan’s Berlin Wall speech in 1987. Yet, Brookhiser also analyzes some “hidden history,” covering documents that are less well known. For example, he reviews the Flushing Remonstrance of 1657, wherein common people in New York publicly demanded liberty of conscience, not for themselves, but for a religious minority and for religious beliefs they did not personally embrace. Instances such as these reveal the widespread and deeply felt sense that liberty is endemic to humans and should be recognized by positive law and protected by government. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We commonly ascribe beliefs and similar attitudes to groups. For instance, we say that a foreign government believes that members of the press are spies, or that a corporation denies that its product is harmful to the environment. Sometimes, it seems that in such cases, we are simply ascribing to the group the shared beliefs of its members. But there are other cases in which it appears we are referencing an independent subject of the belief or attitude – the government or the corporation, over and above its members. Puzzles abound. In The Epistemology of Groups (Oxford 2021), Jennifer Lackey develops a unified account of group belief, justified group belief, group knowledge, and group assertion. Intriguingly, this account serves ultimately to allow us to make sense of group lies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the spring of 1942, the United States government forced 120,000 Japanese Americans from their homes in California, Oregon, Washington, and Arizona and sent them to incarceration camps across the West. Nearly 14,000 of them landed on the outskirts of Cody, Wyoming, at the base of Heart Mountain. Behind barbed wire fences, they faced racism, cruelty, and frozen winters. Trying to recreate comforts from home, many established Buddhist temples and sumo wrestling pits. Kabuki performances drew hundreds of spectators—yet there was little hope. That is, until the fall of 1943, when the camp’s high school football team, the Eagles, started its first season and finished it undefeated, crushing the competition from nearby, predominantly white high schools. Amid all this excitement, American politics continued to disrupt their lives as the federal government drafted men from the camps for the front lines—including some of the Eagles. As the team’s second season kicked off, the young men faced a choice to either join the Army or resist the draft. Teammates were divided, and some were jailed for their decisions. Bradford Pearson's The Eagles of Heart Mountain: A True Story of Football, Incarceration and Resistance in World War II America (Atria, 2021) honors the resilience of extraordinary heroes and the power of sports in a sweeping and inspirational portrait of one of the darkest moments in American history. Paul Knepper used to cover the Knicks for Bleacher Report. His first book, The Knicks of the Nineties: Ewing, Oakley, Starks and the Brawlers That Almost Won It All was published in September 2020. You can reach Paul at paulknepper@gmail.com and follow him on Twitter @paulieknep. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr Katie Cruz contributed a chapter titled "The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work" to the book Criminality at Work. In this podcast, Dr Cruz talks about her research around stripping and labour rights. She discusses the case of Nowack vs Chandler Bars when a woman working as a stripper in a London strip club was successful in pursuing her case against the club. She discusses her other work including her research among sex workers in Jamaica. Kate's blog posts are available here. Cruz's other works in include: --Cruz, K., & Brown, W. (2016). "Feminism, law, and neoliberalism: An interview and discussion with Wendy Brown." Feminist Legal Studies, 24(1), 69-89. --Cruz, K. (2018). "Beyond Liberalism: Marxist feminism, migrant sex work, and labour unfreedom." Feminist Legal Studies, 26(1), 65-92. --Hardy, K., & Cruz, K. (2019). "Affective organizing: Collectivizing informal sex workers in an intimate union." American behavioural scientist, 63(2), 244-261. --Cruz, K., Davidson, J. O. C., & Taylor, J. S. (2019). "Tourism and sexual violence and exploitation in Jamaica: contesting the ‘trafficking and modern slavery frame." Journal of the British Academy, 7(s1), 191-216. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What if the sovereignty of the First Nations was recognised by European international law in the eighteenth and nineteenth centuries? What if the audacious British annexation of a whole continent was not seen as acceptable at the time and the colonial office in Britain understood that 'peaceful settlement' was a fiction? If the 1901 parliament did not have control of the whole continent, particularly the North, by what right could the new nation claim it? The historical record shows that the argument of the Uluru Statement from the Heart is stronger than many people imagine and the centuries-long legal position about British claims to the land far less imposing than it appears. In Truth Telling: History, Sovereignty and the Uluru Statement (NewSouth, 2021), influential historian Henry Reynolds pulls the rug from legal and historical assumptions, with his usual sharp eye and rigour, in a book that's about the present as much as the past. His work shows exactly why our national war memorial must acknowledge the frontier wars, why we must change the date of our national day, and why treaties are important. Most of all, it makes urgently clear that the Uluru Statement is no rhetorical flourish but carries the weight of history and law and gives us a map for the future. Henry Reynolds is Honorary Research Professor, Aboriginal Studies Global Cultures & Languages, University of Tasmania Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The ratification of the Nineteenth Amendment to the Constitution of the United States, which granted women the right to vote nationwide, was the culmination of a long and oftentimes contentious campaign that had its origins in the beginnings of the nation itself. In American Women’s Suffrage: Voices from the Long Struggle for the Vote, 1776-1965 (Library of America, 2020) Susan Ware provides readers with a sampling of the letters, articles, speeches, and other contemporary documents that reflect both the ideas of the movement and the arguments deployed against it. Her selections demonstrate how the battle of women’s suffrage was itself a part of a broader campaign for women’s rights in the early 19th century. Though it was galvanized by the activism of women from the abolitionist movement, the solidarity born of common oppression was shattered after the Civil War, when many suffragists expressed frustration with their exclusion from the voting rights being granted to Blacks. While a corps of dedicated activists continued their campaign into the 20th century, it was only in the 1910s that momentum shifted decisively in their direction. As Ware demonstrates, their success in gaining ratification in 1920 was less the conclusion of women’s efforts for political quality than it was the end of one stage and the beginning of a new effort to turn the newly-won franchise into political power – an effort that continues down to the present day. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Immigration in the 21st Century: The Comparative Politics of Immigration Policy (Routledge, 2020) is an excellent primer for those looking to understand the complexities of immigration not only as a policy arena, but the study of immigration and migration, and to get a sense of the different approaches to immigration from a variety of kinds of countries. Terri Givens, Rachel Navarre, and Pete Mohanty have written a sophisticated and accessible text that would be of interest to anyone who wants to learn a bit more about immigration. The authors explain the different approaches to immigration taken by different countries, depending on the historical and political contexts of those countries. They group countries together into categories, with defining characteristics that contribute to the form and shape of the immigration policies that have been implemented. Attention is paid to the post-World War II European shifts in immigration and policies that provided avenues for workers to help with the rebuilding of places like Germany and France. There is also a discussion of the way that globalization has contributed to the evolution of immigration processes, and how migration is also participating in the shape of newer policies and political responses. In our conversation, Givens explains the way that sovereignty and nation building provide the framing for immigration policies and how nations think about those whom they allow to become citizens. Immigration in the 21st Century provides an understanding of immigration from a practical perspective, contextualizing it in the world that came out of World War II. This book also integrates the role that the Cold War played in both immigration and migration during the period of tension between the East and the West, and then what happened after the end of the Cold War. In our conversation, Givens notes the differences between immigration, which is generally a public and political policy that a nation puts into place, and migration, which follows the flow of people from one place to another place, often because of a triggering event, like war and conflict, or climate change. We also discuss the different policies that govern the trade of goods across borders and the more complicated nature of implementing policies that govern the movement of people across borders. Immigration in the 21st Century is a useful and thoughtful analysis of the complexities of immigration in the modern world. Terri Givens also has a website devoted to the book itself and updating information about immigration. Here is the link to that website, which also includes a coupon for a discount on the book: https://www.terrigivens.com/immigration/ Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Since the historic #MeToo movement materialized in 2017, innumerable survivors of sexual assault and misconduct have broken their silence and called out their abusers publicly--from well-known celebrities to politicians and high-profile business leaders. Not surprisingly, conservatives quickly opposed this new movement, but the fact that "sex positive" progressives joined in the opposition was unexpected and seldom discussed. Why We Lost the Sex Wars: Sexual Freedom in the #MeToo Era (University of Minnesota Press, 2021) explores how a narrow set of political prospects for resisting the use of sex as a tool of domination came to be embraced across this broad swath of the political spectrum in the contemporary United States. To better understand today's multilayered sexual politics, Lorna N. Bracewell offers a revisionist history of the "sex wars" of the 1970s, '80s, and '90s. Rather than focusing on what divided antipornography and sex-radical feminists, Bracewell highlights significant points of contact and overlap between these rivals, particularly the trenchant challenges they offered to the narrow and ambivalent sexual politics of postwar liberalism. Bracewell leverages this recovered history to illuminate in fresh and provocative ways a range of current phenomena, including recent controversies over trigger warnings, the unimaginative politics of "sex-positive" feminism, and the rise of carceral feminism. By foregrounding the role played by liberal concepts such as expressive freedom and the public/private divide as well as the long-neglected contributions of Black and "Third World" feminists, Bracewell upends much of what we think we know about the sex wars and makes a strong case for the continued relevance of these debates today. Why We Lost the Sex Wars provides a history of feminist thinking on topics such as pornography, commercial sex work, LGBTQ+ identities, and BDSM, as well as discussions of such notable figures as Patrick Califia, Alan Dershowitz, Andrea Dworkin, Elena Kagan, Audre Lorde, Catharine MacKinnon, Cherríe Moraga, Robin Morgan, Gayle Rubin, Nadine Strossen, Cass Sunstein, and Alice Walker. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2013, when the state of Oklahoma erected a statue of the Ten Commandments on the grounds of the state capitol, a group calling themselves The Satanic Temple applied to erect a statue of Baphomet alongside the Judeo-Christian tablets. Since that time, The Satanic Temple has become a regular voice in national conversations about religious freedom, disestablishment, and government overreach. In addition to petitioning for Baphomet to appear alongside another monument of the Ten Commandments in Arkansas, the group has launched campaigns to include Satanic "nativity scenes" on government property in Florida, Michigan, and Indiana, offer Satanic prayers at a high school football game in Seattle, and create "After School Satan" programs in elementary schools that host Christian extracurricular programs. Since their 2012 founding, The Satanic Temple has established 19 chapters and now claims 100,000 supporters. Is this just a political group perpetuating a series of stunts? Or is it a sincere religious movement? Joseph Laycock's new book, Speak of the Devil: How The Satanic Temple is Changing the Way We Talk about Religion (Oxford University Press, 2020) is the first book-length study of The Satanic Temple. Laycock contends that the emergence of "political Satanism" marks a significant moment in American religious history that will have a lasting impact on how Americans frame debates about religious freedom. Though the group gained attention for its strategic deployment of outrage, it claims to have developed beyond politics into a genuine religious movement. Equal parts history and ethnography, Speak of the Devil is Laycock's attempt to take seriously The Satanic Temple's work to redefine religion, the nature of pluralism and religious tolerance, and what "religious freedom" means in America. Joseph Laycock is an associate professor of religious studies at Texas State University. He has written several books on new religious movements and American religious history, including one on role playing games and the satanic panic. He is also a co-editor for the journal Nova Religio. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Much has long been made of the bold legislative action that President Franklin Delano Roosevelt marshalled forward in his first 100 days in office in the midst of the Great Depression. To take stock of the Biden presidency, Lilly and Susan asked three thoughtful political scientists—Dr. Jonathan Bernstein (Bloomberg Media), Dr. Nadia E. Brown (Purdue University), and Dr. Jane Junn (University of Southern California) to interrogate the early days of the Biden Administration. They not only provided keen observations about the Executive Branch, but also about Congress and state governments. The lively discussion shifted quickly from the arbitrary marker of the first 100 days to what is necessary to move policy forward in the closely divided U.S. House and Senate, and what the legislative agenda may look like going forward. We chat about the apparent pause in the swift swirling of our politics—though we debate whether the new administration is a return to normalcy and if it is possible, post Trump, to return to normalcy. In this context, there was a discussion of competence, expertise, intelligence, rationality, preparation, and integrity. We pay close attention to the political parties, with specific focus on the internal tensions in both the Democratic Party and the Republican Party. Our guests also spend time framing the political landscape with an understanding of the role and place of news media and social media. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Y. Yvon Wang draws on previously untapped archives--ranging from police archives and surveys to ephemeral texts and pictures--to argue that pornography in China represents a unique configuration of power and desire that both reflects and shapes historical processes. On the one hand, since the late imperial period, pornography has democratized pleasure in China and opened up new possibilities of imagining desire. On the other, ongoing controversies over its definition and control show how the regulatory ideas of premodern cultural politics and the popular products of early modern cultural markets have contoured the globalized world. Reinventing Licentiousness: Pornography and Modern China (Cornell University Press, 2021) emphasizes the material factors, particularly at the grassroots level of consumption and trade, that governed proper sexual desire and led to ideological shifts around the definition of pornography. By linking the past to the present and beyond, Wang's social and intellectual history showcases circulated pornographic material as a motor for cultural change. The result is an astonishing foray into what historicizing pornography can mean for our understandings of desire, legitimacy, capitalism, and culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Allison B. Wolf's Just Immigration in the Americas: A Feminist Account (Rowman and Littlefield, 2020) proposes a pioneering, interdisciplinary, feminist approach to immigration justice, which defines immigration justice as being about identifying and resisting global oppression in immigration structures, policies, practices, and norms. In contrast to most philosophical work on immigration (which begins with abstract ideas and philosophical debates and then makes claims based on them), this book begins with concrete cases and immigration policies from throughout the United States, Mexico, Central America, and Colombia to assess the nature of immigration injustice and set us up to address it. Every chapter of the book begins with specific immigration policies, practices or sets of immigrant experiences in the U.S. and Latin America and then explores them through the lens of global oppression to better identify what makes it unjust and to put us in a better position to respond to that injustice and improve immigrants’ lives. It is one of the first sustained studies of immigration justice that focuses on Central and South America in addition to the U.S. and Mexico. Ethan Besser Fredrick is a graduate student in Modern Latin American history seeking his PhD at the University of Minnesota. His work focuses on the Transatlantic Catholic movements in Mexico and Spain during the early 20th century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Following the 2008 financial crisis, the Federal Reserve’s monetary policy placed much greater focus on stabilizing the market than on helping struggling Americans. As a result, the richest Americans got a lot richer while the middle class shrank and economic and wealth inequality skyrocketed. In Engine of Inequality, Karen Petrou offers pragmatic solutions for creating more inclusive monetary policy and equality-enhancing financial regulation as quickly and painlessly as possible. Instead of proposing legislation that would never pass Congress, the author provides an insider's look at politically plausible, high-impact financial policy fixes that will radically shift the equality balance. Offering an innovative, powerful, and highly practical solution for immediately turning around the enormous nationwide problem of economic inequality, this groundbreaking book:
Presents practical ways America can and should tackle economic inequality with fast-acting results;
Provides revealing examples of exactly how bad economic inequality in America has become no matter how hard we all work;
Demonstrates that increasing inequality is disastrous for long-term economic growth, political action, and even personal happiness;
Explains why your bank's interest rates are still only a fraction of what they were even though the rich are getting richer than ever, faster than ever;
Reveals the dangers of FinTech and BigTech companies taking over banking; Shows how Facebook wants to control even the dollars in your wallet; and
Discusses who shares the blame for our economic inequality, including the Fed, regulators, Congress, and even economists.
Engine of Inequality: The Fed and the Future of Wealth in America (Wiley, 2021) should be required reading for leaders, policymakers, regulators, media professionals, and all Americans wanting to ensure that the nation’s financial policy will be a force for promoting economic equality. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Pedro Gustavo Teixeira about his new book The Legal History of the European Banking Union: How European Law Led to the Supranational Integration of the Single Financial Market (Hart, 2020) Since 1950, the political and economic integration of Europe has tended to accelerate through functional mini-unions: coal and steel, nuclear power, and – in the wake of the coronavirus pandemic - it could well be healthcare next. The most recent of these mini-federations is the European Banking Union; born out of necessity at the height of the sovereign-debt crisis in 2012-13 but, as this new history emphasises, built on foundations laid in the 1970s. Within three years of its political green light, the EBU's core agencies - the Single Supervisory Mechanism (SSM) under the authority of the European Central Bank and the Single Resolution Mechanism - were in place yet, while huge changes have taken place, critical business has been left unfinished. "A regime geared towards ever more integration with distributive consequences, but without stabilisation capacity in the form of risk-sharing among member states and largely insulated from democratic politics will likely not be sustainable", writes Pedro Gustavo Teixeira. Pedro Gustavo Teixeira is director-general of governance and operations of the Single Supervisory Mechanism of the European Central Bank, secretary of its Supervisory Board, and a lecturer at the institute for law and finance at the Goethe University in Frankfurt. (Any views expressed are personal and not necessarily those of the ECB). *The author's own book recommendation is Dark Continent: Europe's Twentieth Century by Mark Mazower (Penguin, 1999 - latest edition 2018). Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Human dignity is the key term that the Universal Declaration on Human Rights placed at the center of legal discourse on a global level. In 1949, Germany incorporated the concept of human dignity in its Basic law. Human Dignity in Context (Nomos/Hart, 2018), edited by Dieter Grimm, Alexandra Kemmerer, and Christoph Möllers, provides a contextual analysis of human dignity, exploring its legal and political implications and reflecting current debates on human dignity in multiple disciplinary fields. In our interview, Alexandra and myself speak about the definition, benefits and challenges of the term, about Covid 19 as a case study of how we can use Human Dignity to make decisions about the contradicts needs and wishes of communities and people during the pandemic, we speak about the debate around human dignity and technology and more. Alexandra Kemmerer is senior research fellow and academic coordinator at the Max Planck Institute for Comparative Public Law and International Law in Berlin. Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. He can be reached at: Yakir1212englander@gmail.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Death of Asylum: Hidden Geographies of the Enforcement Archipelago (University of Minnesota Press, 2020) arrives at an extraordinarily consequential moment for the future of asylum protections. Even as more and more people around the world find themselves displaced and endangered by violent conflict, climate change, and material deprivation, the small set of countries that once welcomed refugees and asylum seekers have closed themselves off. From the outside, we see Fortress Europe, kids in cages, and the criminalization of asylum seekers--but look closer, and there are far more elaborate geographical games taking place to effectively erase the possibility of asylum. In this award-winning book, Mountz traces the global chain of remote detention centers used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical idea, along with the continued death of asylum seekers themselves. Alongside her written work, Mountz and her colleague Kim Rygiel have started a podcast called Displacements that follows ongoing ongoing scholarship and activism in the migration space. Alongside her collaborate Lisa Molomot, she has released a documentary film called Safe Haven that follows Vietnam-war era resistors who sought protection in Canada. Alison Mountz is Professor of Geography and Canada Research Chair in Global Migration, and she is Director of the International Migration Research Centre at Wilfrid Laurier University in Canada. You can follow Alison on Twitter @AlisonMountz, and the host, Dino Kadich, @dinokadich. The New Books in Geography Twitter page is @NewBooksGeog. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Since President Nixon coined the phrase, the "War on Drugs" has presented an important change in how people view and discuss criminal justice practices and drug laws. The term evokes images of militarization, punishment, and violence, as well as combat and the potential for victory. It is no surprise then that questions such as whether the "War on Drugs" has "failed" or "can be won" have animated mass media and public debate for the past 40 years. Through analysis of 30 years of newspaper content, Debating the Drug War: Race, Politics, and Media in the War on Drugs Debate (Routledge, 2021) examines the social and cultural contours of this heated debate and explores how proponents and critics of the controversial social issues of drug policy and incarceration frame their arguments in mass media. Additionally, it looks at the contemporary public debate on the "War on Drugs" through an analysis of readers' comments drawn from the comments sections of online news articles. Through a discussion of the findings and their implications, the book illuminates the ways in which ideas about race, politics, society, and crime, and forms of evidence and statistics such as rates of arrest and incarceration or the financial costs of drug policies and incarceration are advanced, interpreted, and contested. Further, the book will bring to light how people form a sense of their racial selves in debates over policy issues tied to racial inequality such as the "War on Drugs" through narratives that connect racial categories to concepts such as innocence, criminality, free will, and fairness. Debating the Drug War offers readers a variety of concepts and theoretical perspectives that they can use to make sense of these vital issues in contemporary society. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his much anticipated and equally brilliant book Transformations of Tradition: Islamic Law in Colonial Modernity (Oxford UP, 2021), Junaid Quadri explores the productive tensions, fissures, and creative interpretive projects enabled by the drive to defend Muslim traditionalism under the looming shadows of colonial modernity. By focusing on the thought and career of the towering 20th century Egyptian scholar Bakhit al-Mutiʿi, Quadri interrogates ways in which new technologies like the telescope and telegraph interacted with traditional norms like moonsighting (for announcing beginning of Ramadan and ‘Id) to generate vexing yet fascinating conundrums of normative knowledge and practice for traditionalist scholars like Bakhit. Much of this book interrogates the hermeneutical strategies, tussles of religious authority, and new conceptions of religion that went into attempted resolutions of such novel conundrums. While maintaining normative fidelity to the tradition, Bakhit also transformed the tradition in indelible ways, Quadri argues. This engaging and provocative book will interest scholars from multiple fields, and spark great conversations in the classroom as well. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize. His other academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sasha Roseneil, Professor of Interdisciplinary Social Science at the Institute of Advanced Studies and Dean of the Faculty of Social and Historical Studies at University College London joins today to talk about the new book The Tenacity of the Couple-Norm: Intimate Citizenship Regimes in a Changing Europe, out 2020 with UCL Press. The Tenacity of the Couple-Norm explores the ongoing strength and insidious grip of couple-normativity across changing landscapes of law, policy and everyday life in four contrasting national contexts: the UK, Bulgaria, Norway and Portugal. By investigating how the couple-norm is lived and experienced, how it has changed over time, and how it varies between places and social groups, this book provides a detailed analysis of changing intimate citizenship regimes in Europe, and makes a major intervention in understandings of the contemporary condition of personal life. The authors develop the feminist concept of ‘intimate citizenship’ and propose the new concept of ‘intimate citizenship regime’, offering a study of intimate citizenship regimes as normative systems that have been undergoing profound change in recent decades. Against the backdrop of processes of de-patriarchalization, liberalization, pluralization and homonormalization, the ongoing potency of the couple-norm becomes ever clearer. The authors provide an analysis of how the couple-form is institutionalized, supported and mandated by legal regulations, social policies and everyday practices, and how this serves to shape the intimate life choices and trajectories of those who seem to be living aslant to the conventional heterosexual cohabiting couple-form. Attending also to practices and moments that challenge couple-normativity, both consciously chosen and explicit, as well as circumstantial, subconscious and implicit, The Tenacity of the Couple-Norm makes an important contribution to literatures on citizenship, intimacy, family life, and social change in sociology, social policy, socio-legal studies, gender/sexuality/queer studies and psychosocial studies. This book was researched and written through an EU grant by a pan-European group of scholars. As a result, it is available for free; follow the link above. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Siobhán Hearne's Policing Prostitution: Regulating the Lower Classes in Late Imperial Russia (Oxford UP, 2021) examines the complex world of commercial sex in the late Russian Empire. From the 1840s until 1917, prostitution was legally tolerated across the Russian Empire under a system known as regulation. Medical police were in charge of compiling information about registered prostitutes and ensuring that they followed the strict rules prescribed by the imperial state governing their visibility and behaviour. The vast majority of women who sold sex hailed from the lower classes, as did their managers and clients. This study examines how regulation was implemented, experienced, and resisted amid rapid urbanization, industrialization, and modernization around the turn of the twentieth century. Each chapter examines the lives and challenges of different groups who engaged with the world of prostitution, including women who sold sex, the men who paid for it, mediators, the police, and wider urban communities. Drawing on archival material from Russia, Ukraine, Belarus, Latvia, Lithuania, and Estonia, Policing Prostitution illustrates how prostitution was an acknowledged, contested, and ever-present component of lower-class urban society in the late imperial period. In principle, the tsarist state regulated prostitution in the name of public order and public health; in practice, that regulation was both modulated by provincial police forces who had different local priorities, resources, and strategies, and contested by registered prostitutes, brothel madams, and others who interacted with the world of commercial sex. Siobhán Hearne is a historian of gender and sexuality in the Russian Empire and the Soviet Union. She received her PhD from the University of Nottingham and is currently a Leverhulme Early Career Fellow at Durham University in the UK. She is also one of the editors of the website Peripheral Histories, a collaborative digital history project exploring ‘peripheral’ spaces in the Russian Empire, Soviet Union, and post-Soviet world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, and revenge porn. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. At the heart of Stuart P. Green's book Criminalizing Sex: A Unified Liberal Theory (Oxford UP, 2020) is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape and sexual assault in a variety of forms, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia. Intellectually rigorous, fair-minded, and deeply humane, Criminalizing Sex offers a fascinating discussion of a wide range of moral and legal puzzles, arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When journalist Rory Kress met Izzie, she didn’t think twice before bringing her home. She found the twelve-week-old wheaten terrier in a pet shop and was handed paperwork showing Izzie had been born in a USDA-licensed breeding facility—so she couldn’t be a puppy mill dog, right? But a few years later, as Rory embarked on her own difficult journey to become a mother, her curiosity began to tug at her. Sure, Izzie was her fur baby, but who was her dog’s real mother, and where was she now? And where did Izzie pick up her strange personality quirks? Like so many people, Rory had assumed the young puppy was a clean slate when she bought her. Those questions led Rory—with Izzie by her side—on a nationwide investigation, the first of its kind. From a dog livestock auction to the laboratory of one of the world’s leading animal behavioral scientists all the way up to the highest echelons of the USDA, they sought answers about who we’re trusting to be the watchdog for our pet dogs. The Doggie in the Window (Sourcebooks, 2018) is a story of hope and redemption. It upends the notion that purchased dogs are a safer bet than rescues, examines how internet puppy sales allow customers to get even farther from the truth of dog breeding, and offers fresh insights into one of the oldest bonds known to humanity. With Izzie’s help, we learn the real story behind the dog in the window—and how she got there in the first place. Rory Kress is a journalist and a national Emmy Award-winning television producer. She has reported on Iraqi refugees in Jordan coping through rollerblading, surrogate mothers giving birth to American babies in India, the cultural awakening of Jewish youths in Poland, and the conversions of Hispanic Americans to Islam in New Jersey. She was the news producer for NBC's Today Show and is a graduate of the Columbia University Graduate School of Journalism and Princeton University. She lives in Denver with her family and her dog, Izzie. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This episode features three interviews with organizers and scholars concerned with Asian migrant sex work: SWAN Vancouver (Alison Clancey and Kelly Go), Dr. Lily Wong, and Dr. Yuri Doolan. On March 16, 2021, Robert Aaron Long targeted three Atlanta-area spas and massage parlors and killed eight people: Delania Ashley Yuan González, Xiaojie Tan, Daoyou Feng, Paul Andre Michels, Hyun Jung Grant, Soon Chung Park, Suncha Kim, and Yong Ae Yue. Six of these victims were Asian women. Within the days following the shooting, many groups representing women, Asian Americans, sex workers, and migrants, have collectively mourned and sent strength and solidarity to the eight victims and their families. This podcast episode seeks to express solidarity with these groups by highlighting the work of scholars and organizers who have been studying the racially encoded figures and the broader histories of Asian migrant sex work. We hope to give space here to understand how the violence that occurred on March 16 was imbricated within a racial capitalist structure that views Asian and Asian American women as disposable objects, a view that has been historically continuous with the histories of Chinese exclusion (initiated by fears of Chinese sex workers and yellow peril), and with over one hundred and fifty years of US imperialism in Asia, from the colonial theft of Hawai’i and the Philippine-American War to Japanese Incarceration, The Korean War, The Vietnam War, and the growth of over eight-hundred military bases across the world. As the organizers and scholars interviewed here stress, it is crucial now to join groups local and international that stand for the decriminalization of migration and sex work, and to reject calls for hate-crime laws or anti-sex trafficking laws, or any legislation that would bring more policing, all of which would only make migrants and sex workers more vulnerable and stigmatized. Christopher B. Patterson is an Assistant Professor in the Social Justice Institute at the University of British Columbia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Faced with a major terrorist threat, states seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Thomas David Parker's Avoiding the Terrorist Trap: Why Respect for Human Rights is the Key to Defeating Terrorism (World Scientific, 2019) addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law is the only truly effective approach to defeating terrorism. World Scientific is offering NBN's listeners a discount on this book: -55% discount code (Hardback): P995PARKERHC -30% discount code (E-Book): P995PARKEREB Beth Windisch is a national security practitioner. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Evil is among our everyday moral concepts. It is common to hear politicians and others condemn certain acts, purposes, people, or even populations as evil. But what does it mean to say that something is evil? Is the evil simply the exceedingly wrong? Is evil rather a distinctive kind of wrongness? Is it a kind of wrongness at all? Are acts evil regardless of the motives of those who commit them, or are people the things that are fundamentally evil (or not)? It takes only a few simple questions to complicate our familiar conception of evil. That’s partly the point of Luke Russell’s fascinating book, Being Evil: A Philosophical Perspective (Oxford UP, 2020). In it, he takes the reader through a careful analysis of the concept of evil. Along the way, he develops and defends his own conception of what evil is. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The civil rights movement was among the most important historical developments of the twentieth century and one of the most remarkable mass movements in American history. Not only did it decisively change the legal and political status of African Americans, but it prefigured as well the moral premises and methods of struggle for other historically oppressed groups seeking equal standing in American society. And, yet, despite a vague, sometimes begrudging recognition of its immense import, more often than not the movement has been misrepresented and misunderstood. For the general public, a singular moment, frozen in time at the Lincoln Memorial, sums up much of what Americans know about that remarkable decade of struggle. In The Movement: The African American Struggle for Civil Rights (Oxford UP, 2021), Thomas C. Holt provides an informed and nuanced understanding of the origins, character, and objectives of the mid-twentieth-century freedom struggle, privileging the aspirations and initiatives of the ordinary, grassroots people who made it. Holt conveys a sense of these developments as a social movement, one that shaped its participants even as they shaped it. He emphasizes the conditions of possibility that enabled the heroic initiatives of the common folk over those of their more celebrated leaders. This groundbreaking book reinserts the critical concept of "movement" back into our image and understanding of the civil rights movement. Marshall Poe is the editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Art of Political Control in China (Cambridge University Press, 2019) shows how China's authoritarian state ensures political control by non-violent mechanisms. Daniel C. Mattingly demonstrates how coercive control is achieved through informal means to achieve goals such as land redistribution, the enforcement of family planning policies, and the suppression of protest. He draws on a broad combination of empirical evidence - from qualitative case studies, experiments and national surveys, to challenge conventional understandings of political control. Surprisingly, Mattingly shows that it is strong civil societies which strengthens the state's coercive capacities, while those that lack strong civil societies have the greatest potential to act collectively and spontaneously to resist the state. The Art of Political Control in China was named one of Foreign Affairs Magazine as one of the best books in 2020. It is important reading for our times to understand how governments - and especially authoritarian governments - foster political compliance through coercive mechanisms. Daniel Mattingly is Assistant Professor of Political Science at Yale University. His work focuses on the political economy of development and authoritarian politics with a focus on China. Some of his current research focuses on the military, revolutions, elite politics, and technological innovation in China, both in the present in past. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why did the international drug regulatory regime of the twentieth century fail to stop an explosive increase in trade and consumption of illegal drugs? This study investigates the histories of smugglers and criminal entrepreneurs in the Netherlands who succeeded in turning the country into the so-called ‘Colombia of Europe’ or, ‘the international drug supermarket’. Increasing state regulations and interventions led to the proliferation of a ‘hydra’ of small, anarchic groups and networks ideally suited to circumvent the enforcement of regulation. Networks of smugglers and suppliers of heroin, cocaine, cannabis, XTC, and other drugs were organized without a strict formal hierarchy and based on personal relations and cultural affinities rather than on institutional arrangements. These networks created a thriving underground industry of illegal synthetic drug laboratories and indoor cannabis cultivation in the Netherlands itself. Their operations were made possible and developed because of the deep historical social and cultural ‘embeddedness’ of criminal anarchy in Dutch society. Using examples from the rich history of drug smuggling, Drug Smuggler Nation: Narcotics and the Netherlands, 1920-95 (Manchester UP, 2021) investigates the deeper and hidden grounds of the illegal drug trade, and its effects on our drug policies. Geert Slabbekorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Stuart Rees's Cruelty or Humanity: Challenges, Opportunities and Responsibilities (Policy Press, a Bristol University Press imprint, 2020) exposes politicians' fascination with cruelty in their deliberations about policies. Through empirical analysis, human stories and poetic commentary, he identifies non-destructive exercise of power, courageous public action and compelling humanitarian alternatives as the key to achieving a future in which dignity and equality flourish. Documenting case studies from around the world, the book exposes politicians’ cruel motives and the resulting outcomes. Using first-hand observations and insights from international poets, the work argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet. Stuart Rees is Professor Emeritus at the University of Sydney and a human rights activist in several countries. He is regarded as one of Australia’s most consistent campaigners for justice. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does a specific American religious identity acquire racial meaning? What happens when we move beyond phenotypes and include clothing, names, and behaviors to the characteristics that inform ethnoracial categorization? Forever Suspect, Racialized Surveillance of Muslim Americans in the War on Terror (Rutgers University Press, 2018) provides a nuanced portrayal of the experiences of South Asian and Arab Muslims in post 9/11 America and the role of racialized state and private citizen surveillance in shaping Muslim lived experiences. Saher Selod, an Associate Professor of Sociology at Simmons University, shares with us her story of growing up in Kansas and Texas and how writing this book helped her reclaim her own racialized experiences as the children of Pakistani immigrants to the US. Saher first began this project as a doctoral student at the University of Texas at Austin. As she returned to the dissertation to craft it into a book, she realized that beyond just race, racism and racialization, surveillance was a key recurring theme for the interview respondents. In today’s conversation, we explore the nuances of gender, race and surveillance, what it means to “Fly while Muslim”, and the harmful consequences of institutional surveillance laws like “Countering Violent Extremism” (CVE) that came about during the Obama Administration. We also touch on limitations of the book, including the exclusion of Black Muslims from this specific project. Saher’s openness with which she shares how her thinking has evolved over the years since this project first began leads us to discuss the ways in which non-Black Muslim immigrants and American born Muslims enact and maintain white supremacist structures. Forever Suspect provides an important and eye opening lens for us to consider how racialized surveillance, in all dimensions and forms, the War on Terror and U.S. Empire building continues to impact Muslim communities in the U.S. Nafeesa Andrabi is a 4th year Sociology PhD student at UNC-Chapel Hill, a Biosocial Fellow at Carolina Population Center and a National Science Foundation Graduate Research Fellow. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For decades, a secret army of tax attorneys, accountants and wealth managers has been developing into the shadowy Wealth Defense Industry. These ‘agents of inequality’ are paid millions to hide trillions for the richest 0.01%. In The Wealth Hoarders: How Billionaires Pay Millions to Hide Trillions (Polity, 2021), inequality expert Chuck Collins, who himself inherited a fortune, interviews the leading players and gives a unique insider account of how this industry is doing everything it can to create and entrench hereditary dynasties of wealth and power. He exposes the inner workings of these “agents of inequality”, showing how they deploy anonymous shell companies, family offices, offshore accounts, opaque trusts, and sham transactions to ensure the world’s richest pay next to no tax. He ends by outlining a robust set of policies that democratic nations can implement to shut down the Wealth Defense Industry for good. This shocking exposé of the insidious machinery of inequality is essential reading for anyone wanting the inside story of our age of plutocratic plunder and stashed cash. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1836, an enslaved six-year-old girl named Med was brought to Boston by a woman from New Orleans who claimed her as property. Learning of the girl's arrival in the city, the Boston Female Anti-Slavery Society (BFASS) waged a legal fight to secure her freedom and affirm the free soil of Massachusetts. While Chief Justice Lemuel Shaw ruled quite narrowly in the case that enslaved people brought to Massachusetts could not be held against their will, BFASS claimed a broad victory for the abolitionist cause, and Med was released to the care of a local institution. When she died two years later, celebration quickly turned to silence, and her story was soon forgotten. As a result, Commonwealth v. Aves is little known outside of legal scholarship. In The Case of the Slave-Child, Med: Free Soil in Antislavery Boston (University of Massachusetts Press, 2019), Karen Woods Weierman complicates Boston's identity as the birthplace of abolition and the cradle of liberty, and restores Med to her rightful place in antislavery history by situating her story in the context of other writings on slavery, childhood, and the law. Karen Woods Weierman is Professor of English and the former director of the Commonwealth Honors Program at Worcester State University. She is the author of One Nation, One Blood: Interracial Marriage in American Fiction, Scandal, and Law, 1820–1870, published in 2005 by the University of Massachusetts Press. Jerrad P. Pacatte is a Ph.D. candidate and School of Arts and Sciences Excellence Fellow in the Department of History at Rutgers, The State University of New Jersey-New Brunswick. His teaching and research interests examine eighteenth and nineteenth century African American women’s history and the history of slavery and emancipation in early America and the Atlantic world. Follow him on Twitter @Jerrad_Pacatte! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There are currently eleven million Uyghurs living in China, but more than one million are being held in so-called reeducation camps. A cultural genocide is taking place under the guise of counterterrorism. In this profound and explosive book, Sean Roberts shows how China is using the US-led global war on terror to erase and replace Uyghur culture and persecute this ethnic minority in what has become the largest program of mass detention and surveillance in the world. In The War on the Uyghurs: China's Internal Campaign Against a Muslim Minority, Roberts contextualises these harms in the PRC's colonial legacy of the region. He demonstrates how the Chinese government was able to brand Uyghur dissent as a dangerous terrorist threat which had links with al-Qaeda. He argues that a nominal militant threat was a 'self-fulfilling prophecy'; the limited response to more than a decade of harsh repression and surveillance. This is the humanitarian catastrophe that the world needs to know about now. Beyond the destruction of Uyghur identity and culture, there are profound implications for the global community by this cultural genocide. Dr. Sean R. Roberts is an Associate Professor of the Practice of International Affairs; Director, International Development Studies Program at the Elliot School of International Affairs, George Washington University. He is is a cultural anthropologist with extensive applied experience in international development work. Roberts conducted ethnographic fieldwork among the Uyghur people of Central Asia and China during the 1990s, and has published extensively on this community in scholarly journals and collected volumes. In 1996 he produced a documentary film on the community entitled Waiting for Uighurstan. You can find him on twitter at @robertsreport Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The rise of Neo-Evangelicalism as a social and political American movement accompanied shifting attitudes in broader American criminal justice policies. Religious leaders from Billy Graham to David Wilkerson found growing concerns around juvenile delinquency and general lawbreaking as strategic connection points for their evangelistic message and ministries. In God's Law and Order: The Politics of Punishment in Evangelical America (Harvard UP, 2020), Aaron Griffith explores the rhetoric of crime and punishment in the postwar Evangelical movement. The rhetoric of law and order became deeply enmeshed with religious conservatism, but not without attending efforts at criminal justice reform as growing number of Americans, disproportionately from urban and minority populations, spent years in state incarceration. In this expertly researched volume, Griffith presents a complex and important investigation into a timely subject in the recent past of the history of religion in politics in American society. Find out more about Aaron on his website or follow him on Twitter (@AaronLGriffith). Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a PhD researcher at Queen’s University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
An Organ of Murder: Crime, Violence, and Phrenology in Nineteenth-Century America (Rutgers UP, 2021) explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within prisons and in public discourse, and sociocultural expectations about the causes of crime. The criminal was phrenology’s ideal research and demonstration subject, and the courtroom and the prison were essential spaces for the staging of scientific expertise. In particular, phrenology constructed ways of looking as well as a language for identifying, understanding, and analyzing criminals and their actions. This work traces the long-lasting influence of phrenological visual culture and language in American culture, law, and medicine, as well as the practical uses of phrenology in courts, prisons, and daily life. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This episode of Ethnographic Marginalia features Dr. Leslie MacColman, a Postdoctoral Scholar in Sociology at The Ohio State University who studies crime and policing in Latin America. Leslie explains how extensive experiences with civil society organizations inspired her move to academia while continuing to inform her research. She then describes research on police reform in Buenos Aires and how a project that centered police experiences grew to include government officials, activists, sex workers, and homeless teens. Leslie tells us how her identity as an American woman affected the way her participants related to her, and how her responsibilities as a mother affected the kind of fieldwork she could do. Finally, she reflects on how recent calls for police reform in the US have affected how her own research is understood. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What does it mean to be an American? The story of the African American past demonstrates the difficulty of answering this seemingly simple question. If being "American" means living in a land of freedom and opportunity, what are we to make of those Americans who were enslaved and who have suffered from the limitations of second-class citizenship throughout their lives? African American history illuminates the United States' core paradoxes, inviting profound questions about what it means to be an American, a citizen, and a human being. Jonathan S. Holloway's The Cause of Freedom: A Concise History of African Americans (Oxford University Press, 2021) considers how, for centuries, African Americans have fought for what the black feminist intellectual Anna Julia Cooper called "the cause of freedom." It begins in Jamestown in 1619, when the first shipment of enslaved Africans arrived in that settlement. It narrates the creation of a system of racialized chattel slavery, the eventual dismantling of that system in the national bloodletting of the Civil War, and the ways that civil rights disputes have continued to erupt in the more than 150 years since Emancipation. The Cause of Freedom carries forward to the Black Lives Matter movement, a grass-roots activist convulsion that declared that African Americans' present and past have value and meaning. At a moment when political debates grapple with the nation's obligation to acknowledge and perhaps even repair its original sin of racialized slavery, The Cause of Freedom tells a story about our capacity and willingness to realize the ideal articulated in the country's founding document, namely, that all people were created equal. Marshall Poe is the founder and editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this book, Antonio Gasparetto studies in detail the legal history of the state of exception during the First Republic in Brazil (1889-1930). Atmósfera de plomo: las declaraciones de estado de sitio en la Primera República Brasileña (Tirant lo Blanch, 2019) explores the origins as well as the transnational use of the term in international legislation in order to understand the particularities of the Brazilian case. Gasparetto studies the use of the state of exception, a measure originally created to defend countries from external threats, but which was eventually used to repress opposition to government measures. The state of exception gradually became a tool for state repression, which in Brazil resulted in the death of about 15,000 people, as well as the exile of many others. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability (2020, University of Minnesota Press) provides a much-needed corrective, combining a genealogy of deinstitutionalization with critiques of the current prison system. Liat Ben-Moshe (https://www.liatbenmoshe.com/) provides groundbreaking case studies that show how abolition is not an unattainable goal but rather a reality, and how it plays out in different arenas of incarceration—antipsychiatry, the field of intellectual disabilities, and the fight against the prison-industrial complex. Ben-Moshe discusses a range of topics, including why deinstitutionalization is often wrongly blamed for the rise in incarceration; who resists decarceration and deinstitutionalization, and the coalitions opposing such resistance; and how understanding deinstitutionalization as a form of residential integration makes visible intersections with racial desegregation. By connecting deinstitutionalization with prison abolition, Decarcerating Disability also illuminates some of the limitations of disability rights and inclusion discourses, as well as tactics such as litigation, in securing freedom. Decarcerating Disability’s rich analysis of lived experience, history, and culture helps to chart a way out of a failing system of incarceration. C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does individual religious liberty apply to religiously affiliated groups? Edward A. David investigates the polarized ways legal theorists seek to understand group ontology in A Christian Approach to Corporate Religious Theory (Palgrave MacMillan, 2020). David surveys the merits and pitfalls of prevailing approaches from within and without the Christian tradition. Many legal theorists are deeply skeptical of corporate group ontology, especially as religious groups have sometimes tended to conflate churches proper with religiously affiliated organizations in ways that can set uncomfortable precedents. This book offers a novel way forward that suggests a retrieval of Saint Thomas Aquinas's theory of coordinated group activity to provide a more salient moral framework to evaluate the liberties and limits of religious groups. You can follow Edward David's work on his website or on Twitter (@edwardinoxford) Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a PhD researcher at Queen’s University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Puritans of Early America did not start out with gendered society and piety. Instead, Monica D. Fitzerald suggests, growing tensions between lay men and clergy over what was perceived as a feminized piety led toward a gradual separation of masculinity and femininity into distinct spheres. In Puritans Behaving Badly: Gender, Religion, and Punishment in Early America (Cambridge UP, 2020), Fitzgerald presents original research in the church disciplinary records of censure cases among Puritan congregations in the first three generations of American Puritanism. The records tell a fascinating story about how, even though the Puritan ministers advocated a holistic spirituality that was at once inwardly pietistic and externally dutiful, the lists of sins and confessions recorded in the chronicles of church discipline cases indicate that only men were being held accountable for sins of duty and honor, and only women for sins of personal spirituality and heart religion. Filled with vivid tales of squabbles, rifts, and deadly rivalries, Fitzgerald's book is sure to fascinate and delight readers interested in the development of religion and culture in early America. Follow Monica on Twitter (@mofitz66), or visit her book page on Cambridge Core. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The concept of the individual self - a being that is autonomous, rational and largely without vulnerability - shapes current legal frameworks, the power dynamics between individuals, and limits the opportunities of many people who are marginalised to flourish in their own conception of the good life. In his latest book, Professor Jonathan Herring argues for a radical reconceptualisation of the self. One based not on individual rights, but instead which focuses on promoting and protecting caring relationships between people. He argues that the law has the potential to play a powerful role in shaping a relational concept of self, and that this is what it should do. Instead of discriminating against vulnerability, the law should celebrate the universal vulnerabilities of all. Rather than disadvantaging carers, the law has the power to recognise our mutual interdependence and interconnectedness; this will bring about a more equitable society for all, one in which the value and dignity of all variations of what it is to be human can be recognised and celebrated. In Law and the Relational Self (Cambridge UP, 2019) Herring provides a comprehensive theoretical framework of the relational self which he applies in real-life practical situations: he examines domestic abuse, medical law, family law and criminal law. In each of these examples the Herring makes a convincing case for replacing the concept of the individual self with that of the relational self, and shows the power of law in doing so. This is an important book and should change the way that legal scholars, practitioners and all individuals think about themselves and how the law works. It offers potential for a new way of being, and a world where the things that really matter are protected in law. Jonathan Herring is a fellow in Law at Exeter College, and a professor of Law in the Law Faculty at the University of Oxford. At the time that this interview was recorded he had over 250 publications, including 107 books on topics spanning family law, medical law, criminal law and legal issues surrounding care and old age. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On June 4, Federal Police raided the home of Walkley award-winning journalist Annika Smethurst, changing her life forever. The police claimed they were investigating the publication of classified information, her employer called it a 'dangerous act of intimidation'. Annika believes she was simply doing her job. Ms Smethurst became the accidental poster woman for press freedom. Politicians even debated the merits of police searching through her underwear drawer. On Secrets (Hachette, 2020) considers the impact this invasion has had on her life, and examines press freedom. Annika Smethurst is a Walkley award-winning journalist. She is the Daily Telegraph's and Sunday Herald Sun's political editor. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Colleen Murphy is the Roger and Stephany Joslin Professor of Law at the College of Law and a professor in the Departments of Philosophy and Political Science at the University of Illinois at Urbana-Champaign. Colleen also directs the Women and Gender in Global Perspectives Program in the Illinois Global Institute. You can follow her on Twitter at @drcolleenmurphy. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Supreme Court’s decision in Bostock v. Clayton, which ruled that the Title VII prohibition on sex discrimination in employment extends to discrimination based on sexual orientation and transgender status, may imperil the fundamental right of parents to educate their children in line with their values. This right is examined brilliantly in the 2016 book, To Whom Do Children Belong? Parental Rights, Civic Education, and Children's Autonomy by scholar Melissa Moschella. Given the rise of the transgender movement and other aspects of wokeism, this book has only increased in importance. It is a rare combination of a serious scholarly work and a book that general audiences, particularly and crucially, the parents of school-age children should read. Moschella addresses timely questions such as, “Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society?” and draws upon psychological and social scientific research to make a compelling philosophical argument for the right of parents to determine fundamental questions of morals when it comes to their children. And this is not only a matter for philosophers. Moschella makes clear that under the cover of such seemingly innocuous verbiage as “diversity education” and “education for citizenship,” public schools are engaging in outright indoctrination of children in left-wing social justice and libertarian moral views. Moreover, progressives are increasingly targeting even private schools and some are even calling for an outright ban on homeschooling. Moschella’s book is eerily prescient in the way she was able to predict that parents who seek to pass on a traditional understanding of sexuality find their efforts directly undermined in ever more public schools. Many parents cannot afford private schools or are unable to home school—and, as noted, even those refuges are under threat. Moschella foretold in her book that if the views of the progressive scholars whose arguments she delineates with scrupulous fairness prevail, parents will have no choice but to send their children into an educational environment that may sow damaging confusion about the basic truths of human identity. Readers of this book need not even be religious but simply parents and other readers who worry that children will be stigmatized and parents’ rights erased if children are forced by schools to deny that maleness and femaleness are grounded on objective biological reality rather than subjective self-image, or that the purpose of human sexuality is not merely pleasure or self-expression, but to unite a man and woman in marriage and enable them to form a family. This is not solely a question of religious liberty but of conscience rights more broadly, which she discusses both authoritatively and movingly. Moschella examines the arguments for expanding school choice, vouchers and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values and moral codes. The questions raised in this important book have become even more salient in the era of the Biden administration. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Melvin Rogers is Associate Professor of Political Science at Brown University. You can follow Melvin on Twitter at @MRogers097. Professor Rogers specializes in democratic theory, with special focus on the traditions of American and African-American politics. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anyone who has taken any interest in the politics of Thailand at all in the last two decades could not help but have noticed the part that the country’s judiciary has played in them. Whereas before the 2000s the courts had at best a peripheral role in political life there, in recent years judges have at times weighed in dramatically on high-stakes conflicts. The causes and consequences of these judicial interventions are the subjects of a new book by Duncan McCargo, Fighting for Virtue: Justice and Politics in Thailand (Cornell University Press, 2019). McCargo sets as his task to explain who Thai judges are, how their minds work, and why they became so invested in politics from 2006 onwards. He critiques the courts in Thailand as suffering from what he calls hyperlegalism, while also offering sympathetic portraits of judges he met and observed at work. His abiding concern is with the relationship of the bench to the crown, and with how by taking a virtuous position in defence of the monarchy judges lost opportunities to contribute to a more progressive and just society. Duncan McCargo has also recently published Future Forward: The Rise and Fall of a Thai Political Party (NIAS Press, 2020), with Anyarat Chattarakul. Like this interview? If so you might also be interested in:
Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand
Samson Lim, Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand
Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ronald Deibert is a professor of Political Science at the University of Toronto and the Director of The Citizen Lab, a public interest research organization that uncovers privacy and human rights abuses on the internet. In his latest book, Reset: Reclaiming the Internet for Civil Society (House of Anansi Press, 2020), Deibert unites a growing corpus of academic literature on the perils of surveillance capitalism to show how today’s data-hungry communications technologies have poisoned our political institutions, our minds, and even our environment. Deibert believes that it is not too late to rescue our politics from our technology, and he argues that the answer lies not in silicon or code but age-old political principles. Look to Montesquieu, not Zuckerberg, Deibert tells us, if you want to find a stable framework for digital governance in the 21st century. On this episode, in addition to all the above, Professor Deibert and I explore the economic engines of surveillance capitalism, the dangers of ritualistic privacy policies, the internet’s immense carbon footprint, and the importance of data privacy law, among other topics. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There has recently been a sharp increase in cases where corporations have been sued by street and graffiti artists because their artworks had been used and exploited without the artists’ authorization, for example in advertising campaigns, as backdrops in promotional videos, or as decorating elements of products. This trend shows and confirms that these forms of art are vulnerable. They are actually more exposed to unauthorized exploitation (and destruction as well) than works of fine art, because they are placed in the public eye. Protecting Art in the Street: A Guide to Copyright in Street Art and Graffiti (Dokument Forlag, 2020) explains, with words and images, how copyright laws apply to street art and graffiti, and how they can be of help to creators within these artistic communities. Knowledge about these issues does matter. There has recently been a spike in legal actions or complaints against corporations and individuals that have tried to exploit commercially street artworks without the artists’ consent; and more importantly without sharing with them any profit. Also, legal actions have been brought by street artists to fight the destruction of their pieces. By adopting a simple language, Protecting Art in the Street constitutes an easy-to-understand guide aimed at navigating street artists and graffiti writers through otherwise difficult and intricate legal issues concerning the protection of their artistic outputs. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do we understand the nuances of efforts by Christian conservatives to affect American law – and evaluate their success? What lessons do they hold for other social movements? Dr. Amanda Hollis-Brusky, associate professor of politics at Pomona College and Dr. Joshua C. Wilson, professor of Political Science at the University of Denver join the podcast to discuss Separate But Faithful: The Christian Right's Radical Struggle to Transform Law and Legal Culture (Oxford UP, 2020) The book evaluates whether activists pushing for lawyers and judges with a Christian Worldview have been able to achieve their goals and transform American legal culture. This impressive book contributes to our general understanding of social movements, legal mobilization, and constitutional development – but also the specifics of how the Christian Conservative Legal Movement (CCLM) has attempted to transform American law from secular and liberal to Christian and natural. While many people know of The Federalist Society’s attempts to influence scholarship, they may be less familiar with the push to create separate law schools and legal institutions that teach from a Christian worldview such as Regent University Law School, Liberty University Law School, and Ave Maria School of Law. This thoughtfully written and well-researched book uses a modified version of Support Structure Theory and extensive data collected by the authors to interrogate why the New Christian Right rejected the lower-cost, lower risk infiltration approach to support structure building in favor of “a mix of parallel alternative and supplemental approaches.” The book includes a helpful model (the Support Structure Pyramid) for conceptualizing litigation-based movement support structures, institutions, and their relationship to legal change. The podcast includes a conversation about the evolution of that particular conception (and what the authors might change). Their analysis of different forms of capital (human, social, cultural, and intellectual) allows Hollis-Brusky and Wilson to assess the actual and potential capital outputs of each institution and the extent to which the Christian Conservative Legal Movement achieved their goals. The Christian Right has struggled to influence the legal and political mainstream but it has succeeded in creating a space of resistance to unify and connect those who seek to challenge “a dominant legal culture” seen as “incorrigibly liberal.” In the podcast, the authors discuss how they brought together Hollis-Brusky’s scholarship on the Federalist Society (Ideas With Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford, 2019) and Wilson’s earlier research on The Street Politics of Abortion: Speech, Violence, and American’s Culture Wars (Stanford, 2013) to create this nuanced, collaborative book. Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“The autarkic European nation-state, if it ever existed, was the exception rather than the rule. Nevertheless it is the myth of the self-sufficient nation-state that lies at the heart of much scholarship on post-WWII European integration,” writes Signe Rehling Larsen in The Constitutional Theory of the Federation and the European Union (Oxford University Press, 2021). “Instead of interpreting the EU in line with previous projects of market creation through empire and federation, the story of the post-WWII project of European integration is often interpreted as a ‘conflict’ or ‘competition’ between the Union and the Member States as the dominant forces in a zero-sum game”. Without taking sides in Europe’s proxy culture war, Larsen’s ground-breaking new book of “political jurisprudence” dispenses with the state as a template for the EU. Rather, she examines the “federal union of states” in America before the Civil War, Germany’s 19th-century experiments with confederations, and the imperial experience to understand a union that is anything but sui generis. Signe Rehling Larsen is a Fellow by Examination at Magdalen College, Oxford and was previously a Max Weber Fellow in Law at the European University Institute in Florence. *The author's own book recommendations are Liberty and Coercion: The Paradox of American Government from the Founding to the Present by Gary Gerstle (Princeton University Press, 2015) and Cars, Trains, Ships and Planes: A Visual Encyclopedia to Every Vehicle (DK Children, 2015).
Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Much of the world's politics revolve around questions about the development of the international market for drugs; the roles merchants, government officials, and drug manufacturers played in shaping this market over time and space; and the process of globalization. There are no easy answers to these questions, but the decisions that all of us make about them will have tremendous consequences for individuals and for the planet in the future. Kenneth V. Faunce's new book Heavy Traffic: The Global Drug Trade in Historical Perspective (Oxford UP, 2020) helps students to understand globalization not as an inevitable or natural process, but instead as one that is created by and responds to a variety of human motivations. Examining the international trade in coffee, alcohol, opium, heroin, and cocaine, which have had a significant impact on economies and societies in countries around the world, it offers insight into globalization as a historical process, thereby helping to make sense of today's interconnected world, where products grown or produced in only a handful of places circulate widely, with varying impacts on local populations. Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ownership and Inheritance in Sanskrit Jurisprudence (Oxford UP, 2021) provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us? In November 2018, the world was shocked to learn that two babies had been born in China with DNA edited while they were embryos—as dramatic a development in genetics as the 1996 cloning of Dolly the sheep. In this book, Hank Greely, a leading authority on law and genetics, tells the fascinating story of this human experiment and its consequences in CRISPR People: The Science and Ethics of Editing Humans (The MIT Press, 2021). Greely explains what Chinese scientist He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention. The two babies, nonidentical twin girls, were the first “CRISPR'd” people ever born (CRISPR, Clustered Regularly Interspaced Short Palindromic Repeats, is a powerful gene-editing method). Greely not only describes He's experiment and its public rollout (aided by a public relations adviser) but also considers, in a balanced and thoughtful way, the lessons to be drawn both from these CRISPR'd babies and, more broadly, from this kind of human DNA editing—“germline editing” that can be passed on from one generation to the next. Greely doesn't mince words, describing He's experiment as grossly reckless, irresponsible, immoral, and illegal. Although he sees no inherent or unmanageable barriers to human germline editing, he also sees very few good uses for it—other, less risky, technologies can achieve the same benefits. We should consider the implications carefully before we proceed. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Even without the loss of the City of London from its jurisdiction, the EU has gone through a decade-long revolution in financial supervision and regulation since Lehman Brothers’ bankruptcy in 2008. The directives and regulations introduced in the wake of the crisis took years to negotiate, implement and stress-test against political reality in the last five years. The second wave of the crisis, which exposed the “doom loop” between fiscally weak states and their pet banks, spawned the European Banking Union but left some crucial remedial work undone. In this update of their 2015 edition of European Banking and Financial Law (Routledge, 2020), Matthias Haentjens and Pierre de Gioia Carabellese provide a comprehensive description and analysis of this growing body of new law, its origins, and policy implications. Matthias Haentjens is professor of law, director of the Hazelhoff Centre for Financial Law at the University of Leiden, and a deputy judge in the district court of Amsterdam. *His book recommendations are Stalingrad by Vasily Grossman (1952 – translated by Robert Chandler – Harvill Secker, 2019) and Made at Home by Giorgio Locatelli (Fourth Estate, 2017). Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Is the Indo-Pacific already the most dominant in terms of global power, politics, and wealth? In his newest book, Michael R. Auslin considers the key issues facing the Indo-Pacific which have ramifications for the entire world. Geopolitical competition in the region threatens stability not just in Asia, but globally. In a series of essays, Asia's New Geopolitics: Essays on Reshaping the Indo-Pacific (Hoover Institution Press, 2020) Auslin examines the key issues that are changing the balance of power in Indo-China and globally. He examines China's aggressive global policies and strategies, and its attempts to bend the world to its wishes. He argues that the global focus on the Sino-US competition for power has obscured "Asia's other great game" - the rivalry between long-time foes, China and Japan. He questions whether Kim-Jong-un can control his nuclear weaponry and the implications for safety if he cannot. Auslin examines the plight of women in India and asks whether its "missing women" are potentially hampering any role that India might play on the global stage. Underlying these concerns, the book analyses U.S. strategy in region. If there is be a shift in the global balance of power, what role can and should the U.S. take in limiting China's hegemony? The dramatic final chapter paints a bleak picture of a Sino-American Littoral war in the very near future. Is this the geopolitical trajectory in the Indo-Pacific? Michael R. Auslin offers a "future-history" of what soon could be. Michael Auslin, PhD, is the Payson J. Treat Distinguished Research Fellow in Contemporary Asia at the Hoover Institution, Stanford University. A historian by training, he specializes in US policy in Asia and geopolitical issues in the Indo-Pacific region. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A core duty of government is keeping those it governs safe. However, in modern democratic states, government is structured by a Constitution, which establishes constraints and checks on the power of any one office. But emergencies – from natural disasters to terrorist attacks – often call for a swift response that presses against those constraints and checks. In the United States, the President has claimed the authority to do what’s necessary to secure and protect the American people. Can such claims be squared with a commitment to the Constitution? In Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism (Yale 2021), Thomas Crocker argues for a conception of American constitutionalism that can address the need for government to respond to emergencies without losing its normative bearings. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Whether engaged in same-sex desire or gender nonconformity, black queer individuals live with being perceived as a threat while simultaneously being subjected to the threat of physical, psychological, and socioeconomic injury. Attending to and challenging threats has become a defining element in queer black artists’ work throughout the black diaspora. In Black Queer Freedom: Spaces of Injury and Paths of Desire (U Illinois Press, 2020), GerShun Avilez analyzes the work of diasporic artists who, denied government protections, have used art to create spaces for justice. He first focuses on how the state seeks to inhibit the movement of black queer bodies through public spaces, whether on the street or across borders. From there, he pivots to institutional spaces--specifically prisons and hospitals--and the ways such places seek to expose queer bodies in order to control them. Throughout, he reveals how desire and art open routes to black queer freedom when policy, the law, racism, and homophobia threaten physical safety, civil rights, and social mobility. Order this book through University of Illinois Press and use this code to get a discount: F20UIP GerShun Avilez is an associate professor of English at the University of Maryland. He is the author of Radical Aesthetics and Modern Black Nationalism. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. John is on Twitter at @marsjf3. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do you hold a government accountable for crimes it refuses to acknowledge? Today's book, The International People's Tribunal for 1965 and the Indonesian Genocide (Routledge, 2019) emerges out of the International People's Tribunal for 1965. Rooted in a longer tradition of People's Tribunals, the IPT was an effort to remind civil society of the mass violence in Indonesia beginning in 1965 and to exert pressure on the Indonesian government and military to acknowledge the violence, hold perpetrators accountable and provide redress for victims. Today's guests played a prominent role in organizing and supporting the IPT. Their book serves as something of a history of the IPT and a summary of the evidence provided. But it also serves as kind of survey of the field at a critical moment in the study of the violence. In the interview, we talk about the IPT and its origin, organization and outcomes. We also try to situate the IPT in the broader context of scholarship about mass violence in Indonesia. And we talk about the interesting role of academics as public intellectuals and activists. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Scorched Earth: Environmental Warfare as a Crime Against Humanity and Nature (Princeton UP, 2021), Emmanuel Kreike offers a global history of environmental warfare and makes the case for why it should be a crime. The environmental infrastructure that sustains human societies has been a target and instrument of war for centuries, resulting in famine and disease, displaced populations, and the devastation of people’s livelihoods and ways of life. Scorched Earth traces the history of scorched earth, military inundations, and armies living off the land from the sixteenth to the twentieth century, arguing that the resulting deliberate destruction of the environment—"environcide"—constitutes total war and is a crime against humanity and nature. In this sweeping global history, Emmanuel Kreike shows how religious war in Europe transformed Holland into a desolate swamp where hunger and the black death ruled. He describes how Spanish conquistadores exploited the irrigation works and expansive agricultural terraces of the Aztecs and Incas, triggering a humanitarian crisis of catastrophic proportions. Kreike demonstrates how environmental warfare has continued unabated into the modern era. His panoramic narrative takes readers from the Thirty Years' War to the wars of France's Sun King, and from the Dutch colonial wars in North America and Indonesia to the early twentieth-century colonial conquest of southwestern Africa. Shedding light on the premodern origins and the lasting consequences of total war, Scorched Earth explains why ecocide and genocide are not separate phenomena, and why international law must recognize environmental warfare as a violation of human rights. Dr. Emmanuel Kreike is a professor of history at Princeton University. He holds a Ph.D. in African history from Yale University (1996) and a Dr. of Science (PhD) in Tropical Forestry from the School of Environmental Sciences, Wageningen University (2006), the Netherlands. His research and teaching interests focus on the intersection of war/violence, population displacement, environment, and society. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the Western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political scientist Lara Brown’s new book, Amateur Hour, is a complex and important multi-method study of the presidency, starting from the original conception of the office at the constitutional convention and George Washington’s role as the first occupant of the office. The centerpiece of Amateur Hour: Presidential Character and the Question of Leadership (Routledge, 2020) is the focus on our understanding—from the time of Washington, through Lincoln, to the contemporary period—of the role that character should play, but often has not, of late, in terms of the person elected to the White House and how they conduct themselves in the office and as a leader. Brown’s analysis interrogates the scholarship around the concept of presidential psychology and leadership, while unpacking the connections between leadership in this complicated elected office and how we have, more recently, elected presidents who are often lacking in experience, and why this is problematic.Amateur Hour integrates historical analysis of American political development alongside contemporary methodological tools developed to assess leadership qualities. Brown brings a deep knowledge of the presidency to the evaluation of our contemporary presidents, those elected post-Watergate, and compels the reader to consider the interaction of character, leadership, and the demands of the office on each of the individuals who has been elected to the presidency since 1976. Amateur Hour joins a growing stable of recent books that focus on the American presidency and those who have been elected to the office, with attention to some of the weaknesses we have come to observe in the constitutional structure and functioning of the Executive Branch. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
F. B. Chang and S. T. Rucker-Chang's Roma Rights and Civil Rights: A Transatlantic Comparison (Cambridge UP, 2020) tackles the movements for - and expressions of - equality for Roma in Central and Southeast Europe and African Americans from two complementary perspectives: law and cultural studies. Interdisciplinary in approach, the book engages with comparative law, European studies, cultural studies, and critical race theory. Its central contribution is to compare the experiences of Roma and African Americans regarding racialization, marginalization, and mobilization for equality. Deploying a novel approach, the book challenges conventional notions of civil rights and paradigms in Romani studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The tradition of political liberalism has a long and complicated history, filled with twists, turns, critiques and responses that have filled books, essays and lectures for several centuries now. Questions of the importance and limitations of individual rights and how to balance different interests have produced no shortage of theoretical conflict as different figures have attempted to make sense of the importance and limits of individuals and their rights. Diving right into this debate is Matt McManus, returning again to the New Books Network to discuss his recent book A Critical Legal Examination of Liberalism and Liberal Rights (Palgrave, 2020). Going back as far as Burke, Hobbes, Kant and Locke, and then through critiques of liberalism from both radically progressive and reactionary orientations, the book traces the various ideas of liberalism up to the present in figures such as Habermas, Rawls and MacIntyre. It also posits it’s own understanding of liberalism, which emphasizes every individual's right to self-authorship as a central pillar for developing the liberal project. Crossing the fields of history, philosophy, political theory and law, the book offers a number of interventions across an array of fields, and will be of immense use to those seeking to understand some of the most pressing concerns of our time. Matt McManus is a professor of politics at Whitman College. He is the author of a number of books, including The Rise of Postmodern Conservatism, and is also one of the coauthors of Myth and Mayhem: A Leftist Critique of Jordan Peterson, both of which we discussed in previous episodes of this podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to Chris Hamby about his book Soul Full of Coal Dust: The True Story of an Epic Battle for Justice (Little Brown, 2020). Hamby looks into why there has been a surge in black-lung disease in West Virginia and elsewhere in recent years. Poor self-policing and rapacious business practices go a long way in explaining the upsurge. Add in a tradition of fatalism caused by King Coal, and it becomes a minor miracle –but a miracle all the same—that some miners have been able to secure a measure of justice. Chris Hamby is an investigative reporter for the New York Times. He won the Pulitzer Prize for Investigative Journalism in 2014 and was a finalist for the Pulitzer Prize in International Reporting in 2017. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Christoph Menke, who is professor of philosophy at the Goethe University in Frankfurt Germany and considered the most important representative of the third generation of the "Frankfurt School of Critical Theory", presents in Critique of Rights (Polity Press 2020) a critical reflection on modern normativity in the so-called "Western world". More specifically: He analyzes “subjective rights”. To have a right means to have a justified and binding claim. Now Menke exposes in his book – which is both a genealogy and an ontology of law – that these “subjective rights”, which mark the birth of bourgeois society, have ambivalent properties. They are not only expressions of individuality and freedom everybody of us enjoys today as the most important achievement that Enlightenment has transferred to us. They also create what Karl Marx called "the entitlement of the egoistic human being, set apart from his fellow human being and from the community”. Private interests become the new natural basis for politics. Contrary to what one might think “subjective rights” do not empower the citizens of a political community but disempower them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the past decade, Chelsea Manning and Edward Snowden became household names. They were celebrated by many as truth-tellers who blew the whistle on governmental abuses. Yet, in the eyes of the state, Manning and Snowden had made so-called “unauthorized disclosures” that jeopardized the nation’s security. Described as such, they could not be labelled “whistleblowers.” This is an example of what the editors of a new, rousing edited volume––not words typically strung together––call the “paradox of national security whistleblowing”: whistleblowing is widely acknowledged to be an essential feature of democracy, but the US government denies its existence. In Whistleblowing Nation: The History of National Security Disclosures and the Cult of Secrecy, editors Hannah Gurman––a Clinical Associate Professor at New York University’s Gallatin School––and Kaeten Mistry––a senior lecturer in American Studies at the University of East Anglia––and their star-studded cast of contributors help makes sense of the odd place of whistleblowing in American politics. Their book shows how the history of whistleblowing raises questions about democracy, citizenship, and truth itself. And, as the US war against whistleblowers has continued unabated since the Vietnam War, it’s a much-needed volume. The book should interest scholars of national security, information, and civil liberties, along with concerned citizens. And, to listeners of this podcast, Mistry and Gurman are offering a discount code—CUP30—which, if entered on the Columbia University Press website, knocks 30% off the book’s price. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act (University of Toronto Press, 2020) explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern-day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Great Recession threatened the well-being of tens of millions of Americans, dramatically weakened the working class, hollowed out the middle class, and strengthened the position of the very wealthy. Against this backdrop, the hit reality show Shark Tank premiered in 2009. Featuring ambitious entrepreneurs chasing support from celebrity investors, the show offered a version of the American Dream that still seemed possible to many, where a bright idea and a well-honed pitch could lift a bootstrap business to new heights of success. More than a decade later, Shark Tank still airs regularly on multiple networks, and its formula has sparked imitators everywhere, from elite universities to elementary school classrooms. In Entertaining Entrepreneurs: Reality TV's Shark Tank and the American Dream in Uncertain Times (UNC Press, 2020), Daniel Horowitz shows how Shark Tank's version of entrepreneurship disguises and distorts the opportunities and traps of capitalism. Digging into today's cult of the entrepreneur, Horowitz charts its rise from the rubble of economic crisis and its spread as a mainstay of American culture, and he explores its flawed view of what it really takes to succeed in business. Horowitz offers more than a look at one television phenomenon. He is the perfect guide to the portrayal of entrepreneurship in business school courses, pitch competitions, popular how-to books, and scholarly works, as well as the views of real-world venture capitalists. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
High drama at the high court. Grandstanding at Senate hearings. Distrust on all sides. Nominations made by presidents and ignored or voted down by the Senate or withdrawn due to scandal, calumny or nominee intellectual nullity or professional capacity issues. The personal character of nominees assailed. Questions asked of nominees; detailed answers politely refused. Cries of illegitimacy and calls for reform. All of this and more is on offer in Ilya Shapiro’s 2020 book, Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court (Gateway, 2020) Everyone who cares about the law and the history and the future of the United States should read this book. It offers something to every sort of reader. First, it is a serious work of scholarship that examines such questions as: Is the Court, as progressives claim, really in some sort of crisis and merely a tool of a cabal involving the rather unlikely combination of corporate America and the supposedly evil religious right? Or, as many on the right argue, has the legislative branch, for expediency’s sake and in a cowardly and self-serving fashion, abrogated its constitutional responsibilities, thereby ceding far too much power to both the administrative state and the courts? Shapiro parses these questions with authority, weighing the pros and cons of the various reform measures of recent years with shrewdness, fairness and wit. Second, for general readers it is an entertaining yet substantive tour of the American political and legal landscape since the Founding Era and abounds in fascinating facts (e.g., when the first public Senate hearings on a Supreme Court nominee were held, the first time such a nominee testified in person before the Senate, the first time such hearings were televised). We learn about everything from the famous “Midnight Judges” to the fiascos of the nomination of Harriet Miers and those of Haysworth and Carswell. The book provides succinct profiles of such people that present them as distinct individuals and not as punchlines. The book is perfectly timed given that it was published just before the death of Ruth Bader Ginsburg and the Senate hearings on the confirmation of now Justice Amy Coney Barrett. This is the book to turn to in coming years for solid analysis as the left pushes for “reform” of not only the Supreme Court but the entire federal judiciary—which Shapiro also discusses in depth. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Is Britain a part of Europe? The British have been ambivalent on this question since the Second World War, when the Western European nations sought to prevent the return of fascism by creating strong international ties throughout the Continent. Britain reluctantly joined the Common Market, the European Community, and ultimately the European Union, but its decades of membership never quite led it to accept a European orientation. In the view of the distinguished political scientist Vernon Bogdanor, the question of Britain’s relationship to Europe is rooted in “the prime conflict of our time,” the dispute between the competing faiths of liberalism and nationalism. Britain and Europe in a Troubled World (Yale UP, 2019) provides concise, expertly guided tour provides the essential background to the struggle over Brexit. Charles Coutinho Ph. D. of the Royal Historical Society, received his doctorate from New York University. His area of specialization is 19th and 20th-century European, American diplomatic and political history. He has written for Chatham House’s International Affairs, the Institute of Historical Research's Reviews in History and the University of Rouen's online periodical Cercles. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The debate over American immigration policy has obsessed politicians and disrupted the lives of millions of people for decades. In The Battle To Stay in America: Immigration's Hidden Front Line (University of Nevada Press, 2020), Professor Michael Kagan focuses on Las Vegas, Nevada. Las Vegas is a city where more than one in five residents was born in a foreign country. It's a city dependent on its immigrant population, but one where the community is struggling to defend itself against the federal government’s crackdown on undocumented immigrants. Professor Kagan tells this story not just as a front-line immigration lawyer, but also as a citizen, as a friend, and a parent. His intensely personal account converts headlines, complicated and punitive legal processes, and unjust bureaucratic procedures into the personal stories of the struggles to survive the severe immigration policing of the current administration. This is the immigration story that needs to be told: the disappearances of neighbors, the breaking up of families, the parents who are forever relegated to working jobs below their potential because immigration laws prevent them ever being free and equal. Kagan explains how American immigration law often gives good people no recourse. Under President Trump complex bureaucracies that administer immigration law have been re-engineered to carry out a relentless but often invisible attack against people and families who are integral to American communities. Professor Kagan tells the stories of people desperate to escape unspeakable violence in their homeland, children separated from their families and trapped in a tangle of administrative regulations, and hardworking long-time residents suddenly ripped from their productive lives when they fall unwittingly into the clutches of the immigration enforcement system. He considers how the crackdown on immigrants negatively impacts the national economy and offers a deeply considered assessment of the future of immigration policy in the United States. Kagan also captures the psychological costs exacted by fear of deportation and by increasingly overt expressions of hatred against immigrants. The Battle to Stay in America could not be more timely; with a changing Administration it's time not just to rethink America's immigration policy, but change how we think about immigration entirely. Professor Michael Kagan is the director of the UNLV Immigration Clinic, which defends children and families fighting deportation in Las Vegas, and is a Joyce Mack Professor of Law at the University of Nevada, Las Vegas. He was a plaintiff that prevented the Trump administration from adding a question about citizenship to the 2020 census. He has written for The Washington Post, Salon.com and The Daily Beast, and is a leading national scholar of immigration and refugee law. He is one of the most widely cited immigration scholars in the United States, and his work has been relied on in courts in the United States and beyond. Jane Richards is a doctoral candidate in human rights law at the University of Hong Kong. You can find her on twitter @JaneRichardsHK where she follows the Hong Kong protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Historically, marriage was understood to be a conjugal relationship; that is to say, a bond uniting a man and a woman as husband and wife in a partnership shaped by its special aptness for conceiving and rearing children. Thus, its norms included sexual complementarity, exclusivity, fidelity, and a pledge of permanence. In 2015, the Supreme Court of the United States, in the case of Obergefell v. Hodges, held that states could no longer define marriage as a distinctively male-female bond. The Court required all fifty states to eliminate the norm of sexual complementarity so that the relationships of same-sex partners could be recognized as “marriages.” To many Americans, justice had triumphed, “bigotry” had been defeated, so-called “marriage equality” would usher in a golden era of tolerance and there would be absolutely no negative repercussions. Those people and institutions (such as religious bodies) who cling to the idea of marriage as a conjugal bond and therefore oppose this sweeping change were henceforth to be treated as not just defeated foes in a series of court cases but as hate-filled yahoos suffering from a form of moral insanity. This was despite the fact that those who believe that marriage is between one man and one woman were assured repeatedly by their opponents throughout the period up until Obergefell—and by the majority itself in that decision—that they had nothing to fear from what was, they insisted, a mere extension of marriage not its redefinition. They were told no harm would result to either individuals of conscience or to parents or children who would now be brought up in a world in which marriage is defined as basically an emotional union between adults of whatever sex, not one based on the bodily union of a man and a woman made possible by their sexual-reproductive complementarity. When defenders of the conjugal view of marriage pointed out that its legal abolition left no principled basis for norms such as permanence, monogamy, and fidelity, their arguments went for the most part unaddressed, except by the occasional candid critic, such as the gay activist writer Michelangelo Signorile, who replied that the abolition of traditional norms of morality represented a form of “liberation” from outmoded strictures. The norms were to be relegated to the history books and those who expressed allegiance to them were to find themselves increasingly in danger of losing their jobs, their businesses, and their rights to educate their children in their own beliefs. The authors of a book published in 2012, and in 2020 out in a second edition with a powerful new afterword, saw all of this coming. That book was What Is Marriage? Man and Woman: A Defense (Encounter Books, by Sherif Girgis, Ryan T. Anderson & Robert P. George. We will talk to Mr. Anderson about the new edition of the book and what he and his co-authors got right about what was likely to happen in terms of religious freedom generally and in areas such as foster care and adoption assistance in a same-sex marriage world and what even he and his co-authors did not foresee. All of this affects all of us. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Antebellum Origins of the Modern Constitution: Slavery and the Spirit of the American Founding (Cambridge University Press, 2020) argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bob Bauer and Jack Goldsmith, two attorneys who have worked, respectively, in the Barack Obama and the George W. Bush Administrations, have written a blueprint of considerations to reform and revise aspects of the Executive Branch and the presidency. After Trump: Reconstructing the Presidency (Lawfair Press, 2020) joins a number of recent books—among them Susan Hennessey and Benjamin Wittes’ Unmaking the Presidency, Stephen F. Knott’s The Lost Soul of the American Presidency, Lara M. Brown’s Amateur Hour—that assess the American Presidency, pointing out weaknesses in the structure of the office and the means to hold presidents accountable for their actions and decisions while in office. Bauer and Goldsmith come to their analysis from their perspectives and experiences working as attorneys at the highest levels of the Executive Branch and the presidency. They use these experiences to examine what they have seen transpire over the past four years of the Trump Administration, and the abuses of the office itself and aspects of the Executive Branch, particularly with regard to the Justice Department. This book looks at the institution of the presidency, while also exploring the way that Congress and the Courts work in relation to the Executive, providing a fairly comprehensive road map for reforms that can be done by a number of different political actors, including the next president. After Trump: Reconstructing the Presidency really is a map or blueprint, outlining particular problems or controversial behavior by President Donald Trump and members of the Administration and/or Executive Office of the President staff, examining previous examples of the same kind of problems or behaviors, and then offering proposals for reform or revision that would address the problems or behaviors. After Trump: Reconstructing the Presidency is divided into three sections, each section has particular focal points with regard to the presidency. Part one of the book focuses specifically on the president and advances proposals that, in many cases, would institutionalize and legalize norms that had been in place and adhered to by previous presidents, but not by President Trump. The second section, which is quite extensive, spotlights the relationship between the president and the Department of Justice. This part of the book proposes reforms that aim to keep the Justice Department independent of presidential interference and allows the Department to function and use its extraordinary tools and law enforcement capacities in a way that is free from corruption or inappropriate influence. The third part of the book is also the most difficult part in terms of reforms, since this section of the book treads into the area of presidential power that is long standing, and historically the realm of the Executive in the constitutional system. Bauer and Goldsmith note that they are committed to the idea of a powerful president, in line with Alexander Hamilton’s argument for an energetic executive in Federalist #70. But they also note that the president needs to be constitutionally accountable, thus their book aims at reforms that will institutionalize some of the guardrails that would contribute to more accountability without weakening the president or the presidency. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award-winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Joseph E. David, Professor of Law at Sapir Academic College in Israel, has written an intellectual history of the concept of belonging. David reviews the ancient Greek, Christian Biblical, Talmudic and Islamic conceptions of belonging and how such ideas have affected understandings of familial relations, marriage, and the political role of the family at different points in Western political history. His case studies range from the earliest Christian and, Jewish and Islamic discussions of legally appropriate family relations to the modern concerns with the public versus private status of the family in the liberal state. David also presents us with the options the modern liberal state has provided policy-makers who are concerned with autonomy and equality in the family. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Welcome to The Academic Life. You are smart and capable, but you aren’t an island, and neither are we. So we reached across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring in an expert about something? Email us at cgessler@gmail.com or dr.danamalone@gmail.com. Find us on Twitter : The Academic Life @AcademicLifeNBN. In this episode you’ll hear: about the limits and the breadth of the first amendment, what to do when your free speech rights are violated, why having “free speech zones” on campus doesn’t work, and what you can do when someone else’s free speech is hurtful or offensive. Our guest is Will Creeley, legal director of The Foundation for Individual Rights in Education. Will began defending student and faculty rights for FIRE in 2006 after graduating from New York University School of Law, where he served as an associate executive editor for the New York University Law Review. He is a member of the First Amendment Lawyers Association and serves as Co-Chair of the Education Subcommittee of the American Bar Association’s Section of Administrative Law and Regulatory Practice. Your host is Dr. Christina Gessler, a historian of women, gender, and sexuality. She specializes in decoding diaries written by rural women in the 19th century. She credits her ability to read nearly-illegible things to a childhood spent trying read her dad’s handwriting. Christina’s dad was a public defender; human rights and how to defend them was dinner table talk nightly. Listeners to this episode might be interested in:
First Things First: A Modern Coursebook on Free Speech Fundamentals, by Ronald K.L. Collins, Will Creeley, David L. Hudson Jr., and Jackie Farmer.
"How to Respond to Richard Spencer," by Will Creeley, The New York Times (Oct. 19, 2017).
Jim Crow Campus: Higher Education and the Struggle for a New Southern Social Order, by Joy Ann Williamson-Lott.
"Fighting for Free Speech on America’s Campuses," by Cecilia Capuzzi Simon, The New York Times (Aug. 1, 2016).
FIRE's Tips for Student Activism
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In the United States, gun violence is in a state of national crisis, yet efforts to reform gun regulation face significant political and constitutional barriers. In this innovative book, Ian Ayres and Fredrick E. Vars put forward creative and practical solutions, proposing legislative reform which will reduce gun deaths. Theirs is a libertarian 'bottom-up' approach which seeks to empower those most at risk by allowing individuals a choice to opt in to common-sense gun regulation for themselves. At the same time, the genius of Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press, 2020) is that the proposals do not infringe the individual freedoms of gun ownership protected by the second amendment. Ayres and Vars put forward practical solutions which, where adopted, will cause an immediate reduction in lives lost as a result of gun violence. Their work is empirically grounded and provides a roadmap for legislators and policy makers who wish to keep people safe by reducing gun deaths. Ian Ayres is the William K. Townsend Professor of Law and Professor of Management at Yale University. He is the author of many books, including the New York Times bestseller Super Crunchers. He is a contributor to Forbes, NPR's Marketplace, and the New York Times. Fredrick E. Vars is the Ira Drayton Pruitt, Sr., Professor of Law at the University of Alabama, where he specializes in mental health law. He works with numerous suicide-prevention organizations and is a member of the American Bar Association Standing Committee on Gun Violence. Jane Richards is in the final stages of completing her doctoral thesis on the application of the United Nations Convention on the Rights of Persons with Disabilities to the insanity defence and its disposition orders at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
During the mid-1930s, Germans opposed to Adolf Hitler had only a limited range of options available to them for resisting the Nazi regime. One of the most creative and successful challengers in this effort was Ernst Fraenkel, who as an attorney sought to use the law as a means of opposing Nazi oppression. In Legal Sabotage: Ernst Fraenkel in Hitler’s Germany (Cambridge University Press, 2020), Douglas G. Morris describes the ways in which Frankel stood up to the Nazis and what understandings he drew from that experience. As a veteran of the First World War, Fraenkel survived the initial purge resulting from the implementation of measures designed to bar Jews from practicing law in the Third Reich. Though his legal practice suffered, Fraenkel persisted in defending people prosecuted by the Nazis, and enjoyed success in a number of cases. While the increased restrictions and growing reach of the police state ultimately forced Fraenkel to emigrate in 1938, his experiences as a lawyer played a major role in the development of the “dual state” theory of dictatorship, the only analysis of totalitarianism written from within Nazi Germany and the cornerstone of Fraenkel’s contributions to the field of political science. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kimberley Brownlee, a professor of philosophy at the University of British Columbia, has written a monograph addressing her argument in favor a right against social deprivation. In Being Sure of Each Other: An Essay on Social Rights and Freedoms (Oxford UP, 2020), Professor Brownlee contends that all humans have basic needs for human interaction. Since such needs are fundamental for survival, they should be regarded as a human right. Social interaction is not a right to “love” or “friendship”, but rather a right to basic opportunities to interact with other humans. Although Professor Brownlee’s argument is most easily applicable to institutional settings wherein people are frequently deprived of human interaction, such as solitary confinement in prisons or isolation in hospitals, this right is generally applicable to a wide array of contexts in which people find themselves isolated from others. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
My guest today, author Mithu Sanyal, describes the topic of rape as a ‘cultural sore spot,’ one that requires yet eludes wide conversation. Her latest book, Rape: From Lucretia to #MeToo (Verso, 2019), bravely starts this conversation. It covers the history of rape as well as of our divergent and misguided conceptions for it, and it addresses the topic’s intersection with matters of gender stereotypes and racism. We unpack these topics in our interview, along with the psychological phenomena undergirding conflicts over consent and body sovereignty. This episode will be of interest for anyone interested in the problems of sexual violence and gender bias. Mithu Sanyal is an award-winning broadcaster, academic, and author based in Dusseldorf. Her prior book, Vulva, has been translated into five languages. Eugenio Duarte, Ph.D. is a psychologist and psychoanalyst practicing in Miami. He treats individuals and couples, with specialties in gender and sexuality, eating and body image problems, and relationship issues. He is a graduate and faculty of William Alanson White Institute in Psychiatry, Psychoanalysis, and Psychology in New York City and former chair of their LGBTQ Study Group; and faculty at Florida Psychoanalytic Institute in Miami. He is also a contributing author to the book Introduction to Contemporary Psychoanalysis: Defining Terms and Building Bridges (2018, Routledge). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
At first glance, the term “expressive individualism” seems benign enough. After all, people throughout the Western world value their personal freedom and the liberty to make crucial life decisions such as whether to have children and how and when they wish to die. What could possibly be wrong with the idea that everyone should be in control of his or her own body and fate to the greatest extent possible and with the least intrusion by either the state or “outdated” social mores? But there is a dark side to expressive individualism when one enters the realm of public bioethics. In his 2020 book What It Means to Be Human: The Case for the Body in Public Bioethics (Harvard University Press, 2020), O. Carter Snead defines for us what the term “public bioethics” encompasses and provides a much-needed genealogy of the field. He profiles key players in many of the most momentous bioethics-related developments of the post-WWII era from physicians such as Henry Knowles Beecher to jurists like Harry Blackmun and influential scholars in fields such as philosophy and sociology like Alasdair MacIntyre, Charles Taylor and Robert Bellah. Snead chronicles how the field of bioethics came to be shaped by shocking revelations of cases of inhumanity many of which are well-known (such as the infamous Tuskegee Syphilis Study) but many of which are rarely discussed such as medical experiments performed on near-term alive aborted babies. Such cases shocked the public and led to legislation creating commissions and other bodies designed to prevent such horrors. But Snead argues that much of the action on the public policy front failed for multiple reasons and left vulnerable groups (e.g., the aged, the cognitively disabled, the unborn) outside a legal regime built upon the precepts of expressive individualism. And even those who were supposedly able to express their wishes were often harmed by the expressive individualism paradigm and its legal framework. Snead gives examples of the many actors in the area of assisted reproduction and assisted suicide whose rights can be trampled in the name of a notion of personal liberty that does not account for changes of mind. He also demonstrates that regulation and oversight was often, for all intents and purposes, absent in many cases. Snead’s book is a clarion call for what he calls “remembering the body.” This is an important book for anyone who may at some point become ill or disabled or who will end up caring for someone who is. That is, it is a book for everyone. It is by a leading scholar, but its readership is anyone with a body and who loves other people—or at least has some control over them. Give a listen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The world of theater performances is often thought of as being composed of wealthy persons who received elite educations at art institutions all so they could be observed by a small, wealthy elite at exclusive and expensive gatherings. Theater is seen as an insular, elitist practice, for and by a select few. However, this image of theater is deeply misleading, especially as more performances are available for download, and many smaller more open institutions invest more in theater productions. One place that might surprise a lot of people is the popularity of performances staged by incarcerated persons, and presented in behind the walls of prisons. Theater is a social, communal practice, so making it happen within an institution that is not only isolated from the outside world, but is designed to isolate those within, will naturally come with various challenges, and also raises various questions on the nature of both theater and the carceral system. These are the questions Ashley Lucas addresses in her recent book Prison Theatre and the Global Crisis of Incarceration (Bloomsbury, 2020). Featuring a combination of her own firsthand experience as a director of prison theater, interviews with those involved in the world prison theater and scholarly research, the book is a unique combination of genres that occupies some very interesting intersections, and is able to explore some very difficult topics, from questions of artistic expression, the nature of community and what hope in a hopeless situation looks like. Ashley Lucas is an associate professor of Theatre and Drama and the Residential College at the University of Michigan, and is also the former director of the Prison Creative Arts Project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses: The Case for Separating Church and State (Oxford University Press, 2020), Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century. Kirk Meighoo is a TV and podcast host, former university lecturer, author and former Senator in Trinidad and Tobago. He hosts his own podcast, Independent Thought & Freedom, where he interviews some of the most interesting people from around the world who are shaking up politics, economics, society and ideas. You can find it in the iTunes Store or any of your favorite podcast providers. You can also subscribe to his YouTube channel. If you are an academic who wants to get heard nationally, please check out his free training at becomeapublicintellectual.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today we speak to Carolyn Conley, Professor Emerita from the University of Alabama – Birmingham, about her new book Debauched, Desperate, Deranged: Women Who Killed, London 1674-1913 (Oxford UP, 2020). This book examines the over 1400 trials of women accused of homicide in London from 1674-1913, using trial records as well as newspaper, pamphlets and other media to analyse the changing image of the female killer. Conley is the author of The Unwritten Law: Criminal Justice in Victorian Kent (Oxford UP, 1991); Melancholy Accidents: The Meaning of Violence in Post-Famine Ireland (Lexington Books, 1999); and Certain Other Countries: Homicide and National Identity in England, Ireland, Scotland, and Wales, 1867- 92 (Ohio State University Press, 2007). This work, a sort of capstone for her career, traces the development of the criminal prosecution and punishment of women from the early modern era to the early twentieth century. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Color of Creatorship: Intellectual Property, Race, and the Making of Americans (Stanford University Press, 2020) by Anjali Vats is an intricate and meticulously researched text on intellectual property history, race, and citizenship from the 1790s to the present. This is a complex narrative that engages multiple fields of knowledge including rhetoric, history, communication studies, law, and critical race theory. With a focus on race and neo-coloniality in American intellectual property law, Vats argues that intellectual property and citizenship “have evolved and continue to evolve—in deeply intertwined and raced ways” as demonstrated in racial scripts or narratives about creators and infringers (2). In her history of intellectual property, Vats focuses on copyright, patent, and trademark discourses in her intricate analysis of how ideas about creator, citizenship, race and nation unfold over time. The text includes an “Introduction” that discusses intellectual property as “a set of rhetorics” about citizenship and how “race and coloniality structure doctrinal practices in copyright, patent, and trademark law” (3). She uses the phrase “intellectual property citizen” to organize the text into four neat chapters that discuss how whiteness and property interests shape intellectual property law at times in the “guise of equality” and race neutral language. The first two chapters cover the development of ideas about intellectual property from the early Republic to the mid-twentieth century. Chapter One is titled “The Intellectual Property Citizen” and it focuses on how whiteness became more formally linked with citizenship in the 1700s including some analysis of how the production of knowledge marked the boundaries of American citizenship. This is the era in which creatorship is cast as “fundamentally white” according to the author. Chapter Two is titled “The Race Liberal Intellectual Property Citizen” and it concerns a discussion of how race liberal citizenship emerged in the post-World War II Era. In Chapter Three, “The Post Racial Intellectual Property Citizen” Vats notes that the administration of Barack H. Obama passed a series of laws that helped to maintain a notion of white creatorship ultimately producing a post racial intellectual property citizen. The color of creatorship essentially remained white during the Obama Era. Lastly, in the final Chapter “Rescripting Creatorship, Rescripting Citizenship” creators of color such as Prince Rogers Nelson pushed back against the racialist narratives in intellectual property law through performative acts of resistance and in the process contributed to the remaking of capitalism more generally.' Anjali Vats is Assistant Professor of Communication and African and African Diaspora Studies and Assistant Professor of Law (by courtesy) at Boston College. Hettie V. Williams Ph.D., is an Assistant Professor of African American history in the Department of History and Anthropology at Monmouth University where she teaches courses in African American history and U.S. history. She has published book chapters, essays, and edited/authored five books. Her latest publications include Bury My Heart in a Free Land: Black Women Intellectuals in Modern U.S. History (Praeger, 2017) and, with Dr. G. Reginald Daniel, professor of historical sociology at the University of California, Santa Barbara, Race and the Obama Phenomenon: The Vision of a More Perfect Multiracial Union (University Press of Mississippi 2014). Follow me on twitter: @DrHettie2017 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines: Policing, Violence, and Scientific Interrogations in India (University of Michigan Press, 2020) examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book Empire of Law: Nazi Germany, Exile Scholars, and the Battle for the Future of Europe (Cambridge UP, 2020), Kaius Tuori examines the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty, and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law, and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism. Kaius Tuori is Professor of European Intellectual History at the Centre for European Studies at the University of Helsinki. Craig Sorvillo is a PhD candidate in modern European history at the University of Florida. He specializes in Nazi Germany and the Holocaust. He can be reached at craig.sorvillo@gmail.com or on Twitter @craig_sorvillo. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus of complex assumptions about human rights discourses, liberal-secular sensibilities, and law, which all hinged on narratives of western modernity and progress and were set against notions of Muslim women’s rights and agency, or lack thereof. By tracing discourses surrounding Islamic family law and practices of faith-based arbitration in Canada, the study problematizes conceptions of multiculturalism, secularism, and human rights discourses, while further contributing to discussion of contemporary Islam and gender by drawing on postcolonial, antiracist, and transnational feminist studies by focusing on Muslim women’s rights. This book will be of interest to scholars who think and write about women and gender in Islam, especially in Canada, the United States and western Europe, along with those who are interested in human rights and Islamic law. It will also be a great text to include in courses on Islam and gender, and contemporary Islam. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloomsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found here and here. She may be reached at shobhana.xavier@queensu.ca. You can follow her on Twitter via @shobhanaxavier. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this fascinating history of Australia’s electoral system, Judith Brett makes a timely case in favour of compulsory voting. Her analysis is entertaining and enlightening, and makes a significant contribution to the ongoing political discussions around the US electoral college, the Brexit vote, and the frequently-changing Australian Prime Ministership. In From Secret Ballot to Democracy Sausage: How Australia Got Compulsory Voting (Text Publishing 2019), Brett paints a lively picture of one of the institutions that helps to define Australia’s democracy; its compulsory voting system. The reader comes to understand how Australia’s democracy sausages have become a symbol of its contribution to electoral processes around the world. By Brett’s rollicking account, it becomes clear that its compulsory voting system is one that Australians should be rightly proud of. Emeritus Professor of politics, Judith Brett is one of Australia’s foremost political biographers. At La Trobe University she was a Professor of Australian Politics, Political Biography and Political History. She is the author of a number of books, including the award winning biography The Enigmatic Mr Deakin (Text Publishing, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls. To escape all this, Paulina O. Espejo's On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why did the Founding Fathers fail to include blacks and Indians in their cherished proposition that “all men are created equal”? Racism is the usual answer. Yet Nicholas Guyatt argues in Bind Us Apart: How Enlightened Americans Invented Racial Segregation (Basic Books, 2016) that white liberals from the founding to the Civil War were not confident racists, but tortured reformers conscious of the damage that racism would do to the nation. Many tried to build a multiracial America in the early nineteenth century, but ultimately adopted the belief that non-whites should create their own republics elsewhere: in an Indian state in the West, or a colony for free blacks in Liberia. Herein lie the origins of “separate but equal.” Essential reading for anyone hoping to understand today's racial tensions, Bind Us Apart reveals why racial justice in the United States continues to be an elusive goal: despite our best efforts, we have never been able to imagine a fully inclusive, multiracial society. 1619, Revisited by Nicholas Guyatt. How Proslavery Was the Constitution? by Nicholas Guyatt. 1619 Project by Nikole Hannah-Jones Adam McNeil is a third-year PhD Student in early African American Women's History at Rutgers University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This is what just happened in Hong Kong” --Michael C. Davis It is difficult to understand the pace or extent of the changes in Hong Kong since the protests began in June 2019, however in his latest book, Michael C. Davis breaks down for both the uninitiated and expert alike, the political, legal and informal events that have shaped Hong Kong under China’s ever expanding controls. In recent years, Beijing’s increasing interference with Hong Kong’s autonomy has begun to erode the promised “one country, two systems” model. The tension between one country and two systems came to a head in 2019; the world watched Hong Kong’s widespread protests demanding the maintenance of Hong Kong’s autonomy, rule of law and basic freedoms. In an attempt to quell the resistance movement, in 2020 Beijing introduced a National Security Law which has had a chilling effect on society. In Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020), Professor Davis contextualizes these events in Hong Kong’s political history, giving the reader unique understandings about the events of 2019 and 2020. Professor Michael C. Davis has taught human rights and constitutional law in Hong Kong for over three decades. Through that time, he has witnessed first-hand the changes from the period before the handover in 1997 under British Colonial Rule, including the events after the Tiananmen crackdown in 1989. He was instrumental in the organisation of the massive 2003 and 2004 protests, and witnessed first-hand the protests of the 2014 Occupy Central movement. He brings his unique insights to this book. Davis is the author of a number of books and his scholarship engages a wide range of issues relating to human rights, the rule of law and constitutionalism in emerging states. He is widely published in both academic circles and also popular news media. In 2014 he was awarded the 2014 Human Rights Press Award for his commentary by the Hong Kong Foreign Correspondents Club. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) by Prof. Nurfadzilah Yahaya is a wide-ranging, geographically ambitious book that tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. Here, Yahaya looks at colonial legal infrastructure – discussing how it impacted, and was impacted by, Islam and ethnicity. But more importantly, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. In order to ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played themselves out between family, religious, contract, and commercial legal orders. Nurfadzilah Yahaya is a legal historian of the Indian Ocean. She is currently Assistant Professor at the History Department, National University of Singapore (NUS). She was a Research Fellow at the Asia Research Institute until June 2016, NUS. She is the Editor of the World Legal History Blog on Humanities and Social Sciences Online (H-net). She received her PhD in History from Princeton University in 2012, and was a Postdoctoral Fellow in Islamic Studies in Washington University in St. Louis until June 2015. She has published journal articles in Law and History Review, Indonesia and the Malay World, and The Muslim World. Kelvin Ng hosted the episode. He is a Ph.D. student at Yale University, History Department. His research interests broadly lie in the history of imperialism and anti-imperialism in the early-twentieth-century Indian Ocean circuit. Janna Aladdin is a recent MA graduate of NYU’s Near Eastern studies program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Monster is an adult pit bull, muscular and grey, who is impounded in a large animal shelter in Los Angeles. Like many other dogs at the shelter, Monster is associated with marginalized humans and assumed to embody certain behaviors because of his breed. And like approximately one million shelter animals each year, Monster will be killed. The Lives and Deaths of Shelter Animals (Stanford UP, 2020) takes us inside one of the country's highest-intake animal shelters. Katja M. Guenther witnesses the dramatic variance in the narratives assigned different animals, including Monster, which dictate their chances for survival. She argues that these inequalities are powerfully linked to human ideas about race, class, gender, ability, and species. Guenther deftly explores internal hierarchies, breed discrimination, and importantly, instances of resistance and agency. Katja M. Guenther is Associate Professor of Gender and Sexuality Studies at the University of California, Riverside, and author of Making Their Place (Stanford, 2010). Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Republic of Biafra lasted for less than three years, but the war over its secession would contort Nigeria for decades to come. A History of the Republic of Biafra: Law, Crime, and the Nigerian Civil War (Cambridge University Press, 2020) examines the history of the Nigerian Civil War and its aftermath from an uncommon vantage point – the courtroom. Wartime Biafra was glutted with firearms, wracked by famine, and administered by a government that buckled under the weight of the conflict. In these dangerous conditions, many people survived by engaging in fraud, extortion, and armed violence. When the fighting ended in 1970, these survival tactics endured, even though Biafra itself disappeared from the map. Based on research using an original archive of legal records and oral histories, Daly catalogues how people navigated conditions of extreme hardship on the war front, and shows how the conditions of the Nigerian Civil War paved the way for the country's long experience of crime that was to follow. Samuel Fury Childs Daly is an Assistant Professor of African and African American Studies, History, and International Comparative Studies at Duke University in Durham, North Carolina. Madina Thiam is a PhD candidate in history at UCLA. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Are psychedelics invaluable therapeutic medicines, or dangerously unpredictable drugs that precipitate psychosis? Tools for spiritual communion or cognitive enhancers that spark innovation? Activators for one’s private muse or part of a political movement? In the 1950s and 1960s, researchers studied psychedelics in all these incarnations, often arriving at contradictory results. In American Trip: Set, Setting, and the Psychedelic Experience in the Twentieth Century (MIT Press, 2020), Ido Hartogsohn examines how the psychedelic experience in midcentury America was shaped by historical, social, and cultural forces—by set (the mindset of the user) and setting (the environment in which the experience takes place). In this interview, Hartogsohn discusses the roles psychedelics have played worldwide, and what renewed interest in their medical value can offer individuals and society. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his latest book, Professor Lindsay Farmer offers a historical and conceptual analysis of theories of criminalization. The book shows how criminalization is inextricably linked to the making of the modern criminal law. This distinct body of rules and processes is neither fixed nor inevitable in what, who, and how it criminalizes. Instead, it is constructed by the changing functions of criminal law as an instrument of government in the modern state. In this way, the criminal law, and processes of criminalization shape the modern civil order. Making of the Modern Criminal Law: Criminalization and Civil Order first traces the development of the modern criminal law as an institution, and shows how this secures civil order. Specifically, it identifies particular aspects of criminal law – those being jurisdiction, codification and responsibility – to give an understanding how social order is constructed by the criminal law. The book then provides detailed analysis of three particular areas of criminal law, focusing on patterns of criminalization in relation to property, the person and sexual conduct. The book is essential reading for scholars of criminal law and theory, criminalization, and all those who wish to understand the far-reaching impact of the criminal law on social order. Farmer raises questions relevant for lawyers, legislators and theorists and asks the reader to question their assumptions about the modern criminal law, the process of criminalization and social order. Lindsay Farmer is a professor of law at the University of Glasgow. He has previously held teaching posts at the University of Strathclyde, and at Birkbeck College, University of London. He has spent time as a visiting professor at the Center for Law and Society in the University of California at Berkeley, the University of Toronto, Columbia University, New York and the University of Sydney. He is the author of a number of books, and has recently been awarded a Leverhulme Trust Major Research Fellowship (2019-2022) to work on a project entitled "Rethinking the Relation between Criminal Law and Markets". In 2019 he was elected as a Fellow of the British Academy. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Most people recognize that the internet is growing at an exponential rate. But few have thought as deeply as Laura DeNardis, a Professor and Interim Dean at the School of Communication at American University, about what those changes will mean for privacy, security, human rights, and democracy. In The Internet in Everything: Privacy and Security in a World With No Off Switch (Yale, 2020), Professor DeNardis shows that the policy tools and normative constructs we have built around the internet are outdated. The internet has evolved from a system of communication to one of control—and that demands a new approach to internet governance. On this episode, I talked with Dr. DeNardis about why we need to move beyond an understanding of internet governance as content governance; whether governments can resist exploiting cybersecurity vulnerabilities; and why she thinks ‘internet freedom’ is a “somewhat fetishized ideal.” At one point, Dr. DeNardis’s dog weighs in on the virtues of techno-libertarianism. We wrap up with some predictions for the future of the multi-stakeholder governance model and Dr. DeNardis’s thoughts on 2020. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms. Queering Law and Order: LGBTQ Communities and the Criminal Justice System (Lexington Books, 2020) examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues—ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. This book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights. Nick Pozek is the Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University in the City of New York and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
R. H. Helmholz's book Natural Law in Court (Harvard UP, 2015) serves as a guide to the uses of natural law in the past. It shows how lawyers, judges and jurists used natural law to reason and argue about all areas of the law, be they procedural or substantive. Far from being a polemic, this book delves into the legal record of multiple countries to compare, contrast and shed light on the role natural law played in actual legal disputes. Due to the renewed interest in natural law today, this book serves as an important counter-point to legal thinkers who too often rely on purely philosophical or theoretical notions of natural law in their arguments to show how natural law was (and potential can be) deployed to make effective legal arguments in actual legal proceedings. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Prior to the abolition of slavery, thousands of African-descended people in the Americas lived in freedom. Their efforts to navigate daily life and negotiate the boundaries of racial difference challenged the foundations of white authority—and linked the Americas together. In Black Freedom in the Age of Slavery: Race, Status, and Identity in the Urban Americas (U of South Carolina Press, 2020), John Garrison Marks examines how these individuals built lives in freedom for themselves and their families in two of the Atlantic World's most important urban centers: Cartagena, along the Caribbean coast of modern-day Colombia, and Charleston, in the low country of North America's Atlantic coast. Marks reveals how skills, knowledge, reputation, and personal relationships helped free people of color improve their fortunes and achieve social distinction in ways that undermined whites' claims to racial superiority. Built upon research conducted on three continents, this book takes a comparative approach to understanding the contours of black freedom in the Americas. It reveals in new detail the creative and persistent attempts of free black people to improve their lives and that of their families. It examines how various paths to freedom, responses to the Haitian Revolution, opportunities to engage in skilled labor, involvement with social institutions, and the role of the church all helped shape the lived experience of free people of color in the Atlantic World. As free people of color worked to improve their individual circumstances, staking claims to rights, privileges, and distinctions not typically afforded to those of African descent, they engaged with white elites and state authorities in ways that challenged prevailing racial attitudes. While whites across the Americas shared common doubts about the ability of African-descended people to survive in freedom or contribute meaningfully to society, free black people in Cartagena, Charleston, and beyond conducted themselves in ways that exposed cracks in the foundations of American racial hierarchies. Their actions represented early contributions to the long fight for recognition, civil rights, and racial justice that continues today. Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Americans have long viewed marriage between a white man and a white woman as a sacred union. But marriages between African Americans have seldom been treated with the same reverence. This discriminatory legacy traces back to centuries of slavery, when the overwhelming majority of black married couples were bound in servitude as well as wedlock. Though their unions were not legally recognized, slaves commonly married, fully aware that their marital bonds would be sustained or nullified according to the whims of white masters. Bound In Wedlock: Slave and Free Black Marriage in the Nineteenth Century (Harvard UP, 2017) is the first comprehensive history of African American marriage in the nineteenth century. Uncovering the experiences of African American spouses in plantation records, legal and court documents, and pension files, Tera W. Hunter reveals the myriad ways couples adopted, adapted, revised, and rejected white Christian ideas of marriage. Setting their own standards for conjugal relationships, enslaved husbands and wives were creative and, of necessity, practical in starting and supporting families under conditions of uncertainty and cruelty. After emancipation, white racism continued to menace black marriages. Laws passed during Reconstruction, ostensibly to secure the civil rights of newly freed African American citizens, were often coercive and repressive. Informal antebellum traditions of marriage were criminalized, and the new legal regime became a convenient tool for plantation owners to discipline agricultural workers. Recognition of the right of African Americans to enter into wedlock on terms equal to whites would remain a struggle into the Jim Crow era, and its legacy would resonate well into the twentieth century. Tera W. Hunter is the Edwards Professor of American History and Professor of African-American Studies at Princeton University. A specialist in 19th and 20th century African American history, her research focuses on gender, race, labor, and Southern histories. Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth century African American women’s history, slavery and emancipation in colonial America and the Atlantic world, and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her book, The Politics of Police Reform: Society against the State in Post-Soviet Countries (Oxford University Press, 2018), Erica Marat provides an answer to a very important question: “What does it take to reform a post-Soviet police force?” Marat looks as specific case studies – in Ukraine, Georgia, Kyrgyzstan, Kazakhstan, and Tajikistan – in order to identify and analyze instances where public mobilization challenged the conduct of police offers and their use of violence. In her analysis, she considers the legacies of Soviet policing, but also identifies important factors that led to policing’s reform. The book is valuable reading for those following contemporary issues in Central Asia and the post-Soviet space, as well those interested broadly in the problems of police violence and the challenge of police reform. Nicholas Seay is a PhD Student at The Ohio State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) (Verlag Ferdinand Schoningh, 2019), Paolo Astorri shows how the Protestant Reformation influence European law. Martin Luther and his successors led European Christianity away from medieval ideas of penance and the careful accounting that went with it toward theology of grace. Human salvation was thence justified by faith alone, and holy scripture the supreme authority. For the law, this meant that love (charity) and not complicated rules would guide jurists. For the poor, debts were to be forgiven freely, while a rich debtor could now be charged interest by his creditor. In this conversation, Paolo Astorri discusses these changes and other legal – and also political and social – consequences of the Lutheran Reformation. He also speaks about the origins of western law and remarks about other changes in it over the last few centuries. He discusses other developments in the Catholic and Protestant confessions. Dr. Astorri is a Post-Doc at the Center of Privacy Studies at the University of Copenhagen and a member of the faculty at the Catholic University of Leuven, where he completed his doctorate in 2018. He studied law at the University of Macerata and canon law at the Pontifical Lateran University in Rome. Krzysztof Odyniec is a historian of Early Modern Europe, specializing in sixteenth-century diplomacy and travel. He has also written about Germany in the early 1500s. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Camps: Vietnamese Refugees, Asylum Seekers and Repatriates (University of California Press, 2020) is an in-depth study of the fate of the nearly 800,000 Vietnamese refugees who left their country by boat, and sought refugee in Southeast Asia and the Pacific. The experiences of these populations and the subsequent policies remain relevant today; Who is a refugee? Who determines their status? And how does it change over time? Jana K. Lipman takes the reader to visit camps in Guam, Malaysia, the Phillipines and Hong Kong, drawing out the politics, policies and how these impacted refugees rights to remain, be resettled or repatriated. She draws out the tensions between the UN High Commissioner for Refugees and the US government, drawing into focus the direct impact this had on the day-to-day lives of those stuck in camps. Her research is the first major work to pay close attention to first-landing host sites, with particular emphasis on Vietnamese activism in the camps and as part of the diaspora. The work will unsettle conventionally accepted accounts of Southeast Asian migration to the US. It reveals how first asylum seeker sites caused UNHCR to reshape international refugee policy. It is a gripping read; historical and also somewhat anthropological, it raises concerns of humanitarianism, human rights and Asian American studies to confront the legal and moral dilemmas, and the obligations that continue to face the US and all host countries of refugees and asylum seekers. It causes the reader to recall the humanity of those seeking asylum, and question current government policies. Though the plight of the Vietnamese refugees is specific, the human need for certainty and safety are universal. This is essential reading in relation to any refugee policy, and human rights and humanitarianism more broadly. Jana K. Lipman is an Associate Professor of History at Tulane University. She is a scholar of U.S. foreign relations, U.S. immigration, and labor history. Her first book was Guantánamo: A Working-Class History between Empire and Revolution. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Some of America’s most pressing civil rights issues—desegregation, equal educational and employment opportunities, housing discrimination, and free speech—have been closely intertwined with higher education institutions. Although it is commonly known that college students and other activists, as well as politicians, actively participated in the fight for and against civil rights in the middle decades of the twentieth century, historical accounts have not adequately focused on the roles that the nation’s college presidents played in the debates concerning racism. Based on archival research conducted at a range of colleges and universities across the United States, The Campus Color Line: College Presidents and the Struggle for Black Freedom (Princeton UP, 2020) sheds light on the important place of college presidents in the struggle for racial parity. Focusing on the period between 1948 and 1968, Eddie Cole shows how college presidents, during a time of violence and unrest, strategically, yet often silently, initiated and shaped racial policies and practices inside and outside of the educational sphere. With courage and hope, as well as malice and cruelty, college presidents positioned themselves—sometimes precariously—amid conflicting interests and demands. Black college presidents challenged racist policies as their students demonstrated in the streets against segregation, while presidents of major universities lobbied for urban renewal programs that displaced Black communities near campus. Some presidents amended campus speech practices to accommodate white supremacist speakers, even as other academic leaders developed the nation’s first affirmative action programs in higher education. The Campus Color Line examines how the legacy of academic leaders’ actions continues to influence the unfinished struggle for Black freedom and racial equity in education and beyond. Eddie Cole is Associate Professor of Higher Education and Organizational Change at UCLA. Matthew Johnson is Associate Professor of History at Texas Tech University and author of Undermining Racial Justice: How One University Embraced Inclusion and Inequality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Francis Buckley, who is Foundation Professor at the Antonin Scalia Law School, George Mason University, has written a fast-moving and provocative new book about the opportunities and possibilities of a second American secession. The publication of this book couldn't be more timely, as the conclusion of an election cycle highlights both the diversity and the tribalisation of American voters. What holds the nation together? To what extent is the Constitution the source of the nation's historic and current difficulties? If small is beautiful, and smaller nations tend to be happier, why shouldn't a state like California secede and put its savings from national defence into a scheme for national health? Tune in to hear how Professor Buckley explores these and other ideas in his new book, American Secession: The Looming Threat of a National Break-Up (Encounter Books, 2020) Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of Survival and Resistance in evangelical America: Christian Reconstruction in the Pacific Northwest (Oxford UP, 2021). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do we promote peace in the streets? In his new book Bleeding Out: The Devastating Consequences of Urban Violence--and a Bold New Plan for Peace in the Streets (Basic Books, 2019), Thomas Abt explains. Abt teaches, studies, and writes about the use of evidence-informed approaches to reduce urban violence. Abt is a Senior Fellow with the Council on Criminal Justice in Washington, D.C. Prior to the Council, he served as a Senior Fellow at the Hard Kennedy and Law Schools. Before that, he held leadership positions in the New York Governor’s Office and the U.S. Department of Justice. Abt’s work has been featured in major media outlets, including the Atlantic, the Economist, Foreign Affairs, the New Yorker, the New York Times, the Wall Street Journal, CNN, MSNBC, PBS, and National Public Radio. This episode covers an array of topics, from the estimated $10 million cost to society per homicide; to strategies involving people, places, and things (related to behavior-based strategies) that can most effectively combat urban violence. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Yoo, the Emanual S. Heller Professor of Law at the University of California Berkeley School of Law, has written what he terms a surprising defense of the actions of Donald Trump as president. In his new book Defender in Chief: Donald Trump’s Fight for Presidential Power (All Points Book, 2020), Yoo, who did not support Trump in 2016, argues that Trump has performed in a manner that the Constitution’s Framers would applaud. Trump has defended the constitutional functions of the Executive from congressional interference or encroachment, including in his use of the appointment power to the federal judiciary and his role as commander-in-chief of the military. He also defends President Trump’s actions regarding the statutory powers used to designate and fund a wall along the U.S. southern border, the administration’s efforts to reverse Obama’s immigration orders, popularly known as DACA and DAPA, and Trump’s exercising of the removal power for Executive branch officials. However, this work is more than a defense of Trump; it is a historical inquiry into the powers of the Executive as intended by the Founders and how that power has been used and threatened by other branches over the course of American history. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is “unborn human life” and what kind of court cases, not only in the US but abroad, illuminate the matter from the standpoint of the many fields in which the term is employed: law, bioethics, and philosophy among others? These questions are addressed by a distinguished group of scholars in the 2019 book, Unborn Human Life and Fundamental Rights: Leading Constitutional Cases Under Scrutiny (Peter Lang, 2019) In this fascinating collection of case studies from countries such as Argentina, Canada, Chile, Costa Rica, Italy, Poland and Spain as well as the United States we learn that abortion is not always the catalyst for landmark constitutional cases in many lands. So are such concerns as the moral questions raised by in vitro fertilization and the morning-after pill. Not only does the book provide a look into the workings and worldviews of various constitutional courts and legal systems in many countries, it also shows how activists on both sides of the issue of unborn human life (and there are those who take issue with the term itself) draw on or oppose rulings and/or proclamations over the past decades of such international legal bodies as the Inter-American Court of Human Rights, and the European Court on Human Rights to make their cases. Anyone interested in real-world, high-profile applications of international law generally and human rights laws specifically should read this book. Those interested in the many legal and philosophical arguments about when life begins and who is deemed worthy of the dignity of life and endowed with rights should read this book. Anyone interested in reproductive health law globally should, too. The book includes a powerful concluding essay by a giant of natural law thinking, John Finnis, that addresses the many moral and jurisprudential issues discussed by the contributors to this important book. In this interview, one of the editors of the book, William L. Saunders, will discuss how this panoply of judges and legislators wrestled with thorny issues that ranged from embryology and the latest in reproductive technology and the ethical and practical issues surrounding it (such as what is to be done with the surplus embryos now in a cruel limbo in labs the world over) to what Finnis refers to as “fundamental civility and humanity.” Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale UP, 2020), Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old‑fashioned and new‑fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined. This is an indispensable analysis, from the nation’s leading election-law expert, of the key threats to the 2020 American presidential election. Professor Hasen’s election law blog can be found here. Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her at arya.hariharan@gmail.com or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The tail end of the twentieth century was a good time for constitutional lawyers. Leapfrogging around the globe, they offered advice on how to amend, write or rewrite one state constitution after the next following the collapse of the Soviet Union and with it, the communist bloc. Largely overlooked in the flurry of constitution drafting in this period, officials in Myanmar worked away on a new constitution without any experts from abroad—or, for that matter, many of those at home. Soldiers watched over them, dictating terms for what became the 2008 Constitution of Myanmar: the document that lays the parameters for formal political contestation and representation there today. As the country gets set to go to the polls in November 2020, in this episode of New Books in Southeast Asian Studies, Melissa Crouch discusses her The Constitution of Myanmar: A Contextual Analysis (Hart, 2019; shortlisted for the book award of the Australian Legal Research Awards), and with it, the constitutional drafting process, its output, and its implications for politics in Myanmar now and in the foreseeable future Like this interview? If so you might also be interested in:
Roman David & Ian Holliday, Liberalism and Democracy in Myanmar
Benjamin Schonthal, Buddhism, Politics and the Limits of Law
Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode, Siobhan talks with Charles L. Zelden about the new expanded edition of his book, Bush v. Gore: Exposing the Growing Crisis in American Democracy (University Press of Kansas, 2020). Zelden is a professor in the Department of History and Political Science at Nova Southeastern University's Halmos College of Arts and Sciences, where he teaches courses in history, government and legal studies. Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings, and, provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular. Siobhan M. M. Barco, J.D. explores legal history at Princeton University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On July 1, 2020, China introduced a National Security Law into Hong Kong partly in an attempt to quell months of civil unrest, as a mechanism to safeguard China’s security. In this new book, China’s National Security: Endangering Hong Kong’s Rule of Law? (Hart, 2020), Cora Chan and Fiona de Londras bring together a host of internationally renowned authors who question whether a national security law will challenge Hong Kong’s rule of law, and the liberal ideals safeguarded in its legal system, which have become a mark of national identity and pride for many Hong Kongers. The book examines the question in three parts. Firstly, it considers whether national security poses a threat to Hong Kong’s rule of law, in particular, under the unique ‘One Country, Two Systems’ model. In the second part of the book, there is an examination of the sources of resilience in Hong Kong’s politico-legal culture, which may provide resistance to the erosion of the rule of law. In particular, authors examine administrative law, the judiciary, the legislature, and civil society. In the final section of the book, authors examine the limits and scope of national security legislation in Hong Kong, and consider how it should be interpreted in line with Hong Kong’s common law traditions. To understand the current political unrest in Hong Kong, this book is a must read. It is also essential for understanding China’s security concerns, and what this means for the rest of the world. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? In these days of identity politics, these issues are more significant and more complex than ever. Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. In his book Kinship, Law and Politics: An Anatomy of Belonging (Cambridge UP, 2020) examines crucial historical moments in which perceptions of belonging were formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging to acknowledge just how wide-ranging and fluid notions of belonging can be. Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at r.garfinkel@yahoo.com or tweet @embracingwisdom. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Young women and men sought out each other’s company in the workshops, cabarets, and streets of Old Regime Lyon, and evidence of these relationships lingers in documents and material objects conserved in Lyon’s municipal and departmental archives. How did young workers spend time together? When would they initiate sexual relationships outside of marriage? What resources did they marshal to manage pregnancy and childbirth, and what kind of support might they expect from their neighbors, employers, and families? In paternity suits, young women provided direct answers to these questions, and left an incomparable archive testifying to their desires, hopes, loss, and often, grief resulting from “courtships gone awry.” Today I spoke with Julie Hardwick about her new book Sex in an Old Regime City: Young Workers and Intimacy in France, 1660-1789 (Oxford UP, 2020). Hardwick is the John E. Green Professor of History at the University of Texas at Austin. Hardwick’s previous books include Family Business: Litigation and the Political Economy of Everyday Life in Early Modern France (2009) and The Practice of Patriarchy: Gender and the Politics of Household Authority in Early Modern France (1998). Jennifer J. Davis is Co-Editor, Journal of Women’s History and Associate Professor, University of Oklahoma. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Religious freedom debates set blood boiling. Just consider notable Supreme Court cases of recent years such as Masterpiece Cakeshop v. Colorado Civil Rights Commission or Little Sisters of the Poor v. Pennsylvania. How can we reach any agreement between those who adhere strictly to the demands of divine law and the individual conscience and those for whom human-derived law is paramount? Is there any legal and philosophical framework that can mediate when tensions erupt between the human right of religious liberty and laws in the secular realm? In her 2019 book, The Possibility of Religious Freedom: Early Natural Law and the Abrahamic Faiths (Cambridge UP), Karen Taliaferro argues that natural law can act as just such a mediating tool. Natural law thinking can both help protect religious freedom and enable societies across the globe to maintain social peace and to function on the basis of fairness to all. Taliaferro shows that natural law is not merely a somewhat arcane legal philosophy promulgated by a subset of mostly conservative Catholic scholars and philosophers. She argues that natural law offers those in many faith traditions and those of no faith whatever a workable, intellectually rich way to examine fundamental questions of law and fairness without relegating religion to ever-diminishing permissible venues. One of the signal contributions of the book is that Taliaferro shows us how non-Christian thinkers such as the Muslim scholar Ibn Rushd (also known as Averroes), the Jewish philosopher Maimonides, and Sophocles in his play Antigone (and Taliaferro’s original and provocative reading of that work alone is well worth the price of the book) employed natural law reasoning even if they did not use the term as such. For those who need to learn how societies around the world (and Taliaferro draws fascinatingly on her own experiences in the Middle East at times in the book) can balance the rights of religious people and the demands of other citizens for a strict, often ruthless secularism this book is the place to start. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her book, Statelessness: A Modern History (Harvard University Press, 2020), Mira L. Siegelberg traces the history of the concept of statelessness in the years following the First and Second World Wars. At its core, this thoughtful monograph is an intellectual history of an idea that jurists in the United States and Europe struggled to agree upon after the fall of traditional imperial ways of structuring belonging. Siegelberg’s book examines how debates regarding statelessness redefined many of the core concepts that structured modern politics, such as sovereignty, citizenship, and the broad spectrum of terms in English, French, and German that described the state of not having a national affiliation. The book’s methodologically pluralist approach also brings many other aspects of the problem of statelessness into focus, such its implications on the global humanitarian crisis that followed these two conflicts, its resonance in particular ethnic communities, and the way it redefined many ideas about citizenship. This book will be of interest to scholars of the history of empire and law, international history, the history of migration, and a range of other topics in global history. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Before the U.S. Constitution had even been signed, soldiers and new veterans protested. Dissent, the hallowed expression of disagreement and refusal to comply with the government's wishes, has a long history in the United States. Soldier dissenters, outraged by the country's wars or egregious violations in conduct, speak out and change U.S. politics, social welfare systems, and histories. I Ain’t Marching Anymore: Dissenters, Deserters & Objectors to America’s Wars (The New Press, 2020). carefully traces soldier dissent from the early days of the republic through the wars that followed, including the genocidal "Indian Wars," the Civil War, long battles against slavery and racism that continue today, both World Wars, Korea, Vietnam, the Cold War, and contemporary military imbroglios. Acclaimed journalist Chris Lombardi presents a soaring history valorizing the brave men and women who spoke up, spoke out, and talked back to national power. Inviting readers to understand the texture of dissent and its evolving and ongoing meaning, I Ain't Marching Anymore profiles conscientious objectors including Frederick Douglass's son Lewis, Evan Thomas, Howard Zinn, William Kunstler, and Chelsea Manning, adding human dimensions to debates about war and peace. Meticulously researched, rich in characters, and vivid in storytelling, I Ain't Marching Anymore celebrates the sweeping spirit of dissent in the American tradition and invigorates its meaning for new risk-taking dissenters. Chris Lombardi is a journalist and author who is interested in how ordinary people interact with the decisions of those in power. She has an M.S. in Journalism from Columbia University Graduate School of Journalism and an MFA in Literature and Creative Writing from City College of New York. Her work has appeared in The Nation, Guernica, The Philadelphia Inquirer, the ABA Journal, and at WHYY.org. Colin Mustful is the author of four historical novels about Minnesota’s settlement and Native history. He has an MA in history and an MFA in creative writing. He is the founder and editor of a small independent press called History Through Fiction. You can learn more about Colin and his work at colinmustful.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Hannah Walker’s new book, Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race (Oxford UP, 2020), brings together the political science and criminal justice disciplines in exploring how individuals are mobilized to engage in political participation by their connection to the criminal justice system in the United States. The fusion between these two academic disciplines, and the focus of their respective studies in this area, answers some questions that are often omitted or passed over by the individual disciplines given the kinds of questions posed by each discipline. Thus, the topics and issues explored in Mobilized by Injustice focuses on political mobilization, advocacy, and activism, often beyond the issue of voting, to tease out how individuals who have been incarcerated or their friends and relatives are involved in the political system. The American criminal justice system is often seen as imposing the “prison beyond the prison” in how formerly incarcerated individuals are constrained and limited in their lives after they leave prison, including limits on voting rights in many states, limits on access to federal policies, and the myriad other ways in which these citizens are essentially marginalized with our society. Walker’s research digs into these constraints and also the stigmatization that individuals experience because of incarceration. At the same time that she is trying to discern how these individuals respond within the political system itself, Walker is also trying to get at how communities are impacted by the criminal justice system, exploring the ways in which this system can be particularly corrosive in certain communities. The research explores political participation by a number of different and often intersecting groups, specifically the individuals who have been incarcerated or directly experienced the criminal justice system, and those who have proximate contact with that system, through their family member’s direct experience. Within these two umbrella groups, Walker also digs into distinctions across racial groups (white, black, Latinx) and across socio-economic categories (examining class distinctions in this context). Mobilized by Injustice finds interesting results in the multi-method research approach, discerning different kinds of political involvement that is not captured by questions about whether an individual does vote or can vote. Rather, the research highlights that those with proximal contact with the criminal justice system have lower barriers to political engagement, which may lead them more naturally into politics because these individuals find themselves working as advocates for their family member who is incarcerated. Those who have been incarcerated face a variety of higher barriers, both structural and psychological, and they often need more support to engage in politics, because of the “dignity deficit” they may suffer because of societal stigmatization. Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race will likely be of interest to those who study political science, criminal justice, sociology, public policy, social science methodology, and race and class. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dignity is a fundamental aspect of our lives, yet one we rarely pause to consider; our understandings of dignity, on individual, collective and philosophical perspectives, shape how we think, act and relate to others. Human Dignity in the Judaeo-Christian Tradition: Catholic, Orthodox, Anglican and Protestant Perspectives (Bloomsbury Academic) offers an historical survey of how dignity has been understood and explores the concept in the Judaeo-Christian tradition. World-renowned contributors examine the roots of human dignity in classical Greece and Rome and the Scriptures, as well as in the work of theologians, such as St Thomas Aquinas and St John Paul II. Further chapters consider dignity within Renaissance art and sacred music. The volume shows that dignity is also a contemporary issue by analysing situations where the traditional understanding has been challenged by philosophical and policy developments. To this end, further essays look at the role of dignity in discussions about transhumanism, religious freedom, robotics and medicine. Grounded in the principal Christian traditions of Catholicism, Orthodoxy, Anglicanism, and Protestantism, this book offers an interdisciplinary and cross-period approach to a timely topic. It validates the notion of human dignity and offers an introduction to the field, while also challenging it. John Loughlin is a Fellow at Blackfriars Hall, University of Oxford, UK and Emeritus Fellow of St Edmund's College, University of Cambridge, UK. Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. He is a Fulbright scholar and was a visiting professor of Religion at Northwestern University, the Shalom Hartman Institute and Harvard Divinity School. His books are Sexuality and the Body in New Religious Zionist Discourse (English/Hebrew and The Male Body in Jewish Lithuanian Ultra-Orthodoxy (Hebrew). He can be reached at: Yakir1212englander@gmail.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For seventeen years, Chris Fenton served as the president of DMG Entertainment Motion Picture Group, a multi-billion-dollar global media company headquartered in Beijing. He has produced or supervised twenty-one films, grossing $2 billion in worldwide box-office. In his new book, Feeding the Dragon: Inside the Trillion Dollar Dilemma Facing Hollywood, the NBA, & American Business (Post Hill Press, 2020), Fenton shares not only his journey from waiting tables at the Olive Garden to producing some of the most recognizable Hollywood blockbuster movies. And, in the process, he discovers his diplomatic mission: connecting the US and China through commerce and culture: I felt a sense of mission that went far beyond box-office numbers. US-China relations were on the line. We all knew it. We had to make it work. But as an American, something bigger was at stake. We were pulling a rival country’s culture into our own. We were doing more than opening a market or making nice with China. We were bridging a cultural gap, making the world smaller, more stable, less contentious, and much safer. Failure would surely result in the opposite effect. Fenton conveys not only the regulatory obstacles that U.S. movies face when entering the Chinese market but also the cultural barriers. For the media to be successful in China, it needs to be relevant to Chinese audiences. But, while facing challenges in Asia, DMG also found trouble in the U.S. when the Securities and Exchange Commission launched an investigation of their dealings in China Like the blockbuster movies Fenton produces (and talks of a cinematic adaption of Feeding the Dragon are underway), this book has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights. Like the blockbuster movies Fenton produces (and talks of a cinematic adaption are underway), Feeding the Dragon has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights. Nick Pozek is Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Discourse in wealthy Western countries about refugees tends to follow a familiar script. How many refugees is a country morally required to accept? What kinds of care and support are host countries required to provide? Who is responsible to maintaining the resulting infrastructure? What, ultimately, is to be done with refugees? Many of these questions assume that states are morally required to rescue refugees. Rarely does the discourse consider the role of wealthy Western countries in creating the conditions under which a refugee crisis emerges. More importantly, we often overlook the role of wealthy Western countries in designing the systems that refugees must navigate in order to access support and assistance; as it turns out, these systems are often complex, inefficient, unfair, and haphazard. In No Refuge: Ethics and the Global Refugee Crisis (Oxford UP, 2020), Serena Parekh argues that the refugee crisis needs to be understood as two crises: one crisis focused on the moral responsibilities of wealthy Western countries in hosting refugees, and another having to do with the obstacles and impediments that refugees confront in accessing assistance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some states, women being coerced by the State into sterilization, in exchange for reduced sentences. She contextualises the modern day situation in America’s history of slavery and oppression, and also in relation to its place in the world. Goodwin shows how prosecutors abuse laws, and medical professionals are complicit in a system that disproportionally impacts the poor and women of color. However, Goodwin warns that these women are just the canaries in the coalmine. In the context of both the Black Lives Matter movement, and in the lead up to the 2020 Presidential election, her book could not be more timely; Not only is the United States the deadliest country in the developed world for pregnant women, but the severe lack of protections for reproductive rights and motherhood is compounding racial and indigent disparities. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Following the high-profile deaths of eighteen-year-old Michael Brown in Ferguson, Missouri, and twenty-five-year-old Freddie Gray in Baltimore, Maryland, both cities erupted in protest over the unjustified homicides of unarmed black males at the hands of police officers. These local tragedies—and the protests surrounding them—assumed national significance, igniting fierce debate about the fairness and efficacy of the American criminal justice system. Yet, outside the gaze of mainstream attention, how do local residents and protestors in Ferguson and Baltimore understand their own experiences with race, place, and policing? In Hands Up, Don’t Shoot: Why the Protests in Ferguson and Baltimore Matter, and How They Changed America (NYU Press), Jennifer Cobbina draws on in-depth interviews with nearly two hundred residents of Ferguson and Baltimore, conducted within two months of the deaths of Brown and Gray. She examines how protestors in both cities understood their experiences with the police, how those experiences influenced their perceptions of policing, what galvanized Black Lives Matter as a social movement, and how policing tactics during demonstrations influenced subsequent mobilization decisions among protesters. Ultimately, she humanizes people’s deep and abiding anger, underscoring how a movement emerged to denounce both racial biases by police and the broader economic and social system that has stacked the deck against young black civilians. Hands Up, Don’t Shoot is a remarkably current, on-the-ground assessment of the powerful, protestor-driven movement around race, justice, and policing in America. Jennifer E. Cobbina is Associate Professor in the School of Criminal Justice at Michigan State University. Dr. Christina Gessler’s background is in American women’s history, and literature. She specializes in the diaries written by rural women in the 19th century. In seeking the extraordinary in the ordinary, Gessler writes the histories of largely unknown women, poems about small relatable moments, and takes many, many photos in nature. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We tend to think of freedom as something that is best protected by carefully circumscribing the boundaries of legitimate state activity. But who came up with this understanding of freedom, and for what purposes? In a reappraisal of more than two thousand years of thinking about freedom in the West, Annelien de Dijn argues in her Freedom: An Unruly History (Harvard University Press) that we owe our view of freedom not to the liberty lovers of the Age of Revolution but to the enemies of democracy. The conception of freedom most prevalent today—that it depends on the limitation of state power—is a deliberate and dramatic rupture with long-established ways of thinking about liberty. For centuries people in the West identified freedom not with being left alone by the state but with the ability to exercise control over the way in which they were governed. They had what might best be described as a democratic conception of liberty. Understanding the long history of freedom underscores how recently it has come to be identified with limited government. It also reveals something crucial about the genealogy of current ways of thinking about freedom. Annelien de Dijn is a professor of political History at Utrecht University Yorgos Giannakopoulos is a historian of Modern Britain and Europe. He has recently guest edited the special issue “Britain, European Civilization and the idea of Liberty” for the History of European Ideas (2020) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kathryne M. Young, an Assistant Professor of Sociology at the University of Massachusetts, Amherst, has written a combination of a sociological study and self-help book about and for American law school students. In How to Be Sort of Happy in Law School (Stanford UP, 2018), Dr. Young surveyed over 1,100 then-current law students, 250 alumni, and conducted detailed interviews with law students about their experiences in law school and concerns about pedagogy, other students, law professors, and hopes and fears about school and their future careers. Young’s work reveals the diversity of types of people and personalities who attend law school and how remarkably similar their experiences are, ranging from the most selective schools to the least. She reveals the varieties of perspectives and coping mechanisms used by students to grapple with the challenges of legal education. Dr. Young also includes much of her own impressions from when she was a law student at Stanford. Her perspectives and the responses of her subjects allow the book to also serve as a kind of self-help book for law students and anyone contemplating law school. In this interview, she discusses her sources, the current state of legal education and law students, and her hopes for reforms in legal education. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In June of 2019, a proposed amendment to Hong Kong’s Fugitive Offenders Ordinance, sparked widespread protests across the region. Protestors saw in the bill a threat to the judicial independence that Hong Kong has enjoyed since its return to China from the United Kingdom in 1997. The Special Administrative Region plunged into turmoil as disaffected youth combined the ideology the Arab Spring with their fluency in emerging digital tools to organize and mobilize a seemingly leaderless movement. The demonstrations which continue into 2020 have challenged the city’s government, universities, and communities and even test families and friendships. On the first anniversary of the beginning of this wave of anti-government protests, South China Morning Post released a new book Rebel City: Hong Kong's Year of Water and Fire (World Scientific, 2020) Rebel City presents some of the most comprehensive coverage of Hong Kong’s political unrest. Editors Zuraidah Ibrahim and Jeffie Lam masterfully weave together the perspectives gathered by the intrepid reporters of Hong Kong’s newspaper of record. The book is not only a carefully curated selection of contemporaneous news coverage, but it also offers thoughtful reflections and penetrating insight into a pivotal moment for Hong Kong. Nick Pozek is the Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University in the City of New York and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today's guest is Christopher Robertson, Associate Dean for Research and Innovation and Professor of Law at the University of Arizona. His background and research interests overlap several academic disciplines, including bioethics, health law, incentives, behavioral economics and more. His CV includes a PhD in philosophy and a law degree from Harvard. His newest book is Exposed: Why Our Health Insurance is Incomplete and What can be Done About (Harvard University Press, 2019). Colin Miller and Dr. Keith Mankin host the popular medical podcast, PeerSpectrum. Colin works in the medical device space and Keith is a retired pediatric orthopedic surgeon. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
I spoke with Prof. Christopher Marquis, Samuel C. Johnson Professor in Global Sustainable Enterprise and Professor of Management at Cornell University. His latest research book tells the story of an ambitious certification programme that aims to signal to customers and shareholders those small and large corporations that are responsible and caring with their workers, customers, with the planet and the local communities where they operate. Businesses have a big role to play in a capitalist society. They can tip the scales toward the benefit of the few, with toxic side effects for all, or they can guide us toward better, more equitable long-term solutions. In Better Business: How the B Corp Movement Is Remaking Capitalism (Yale UP, 2020), Marquis tells the story of the rise of a new corporate form—the B Corporation. Founded by a group of friends who met at Stanford, these companies undergo a rigorous certification process, overseen by the B Lab, and commit to putting social benefits, the rights of workers, community impact, and environmental stewardship on equal footing with financial shareholders. In our conversation Christopher mentioned the origin of the book and why he believes in the work done by B Lab. The book is divided into 11 chapter and is full of interesting practical examples. In the talk we also mentioned the notion of ‘benefit corporation’, in the US and elsewhere. I have asked the author why we should trust the founders of the B Movement and their certification programme. He answered with some examples and convincing arguments. We then focused on chapter 1, ‘Interdependencies not Externalities’, chapter 6, ‘Employees as the Heart of the Company’, chapter 10, ‘Big Isn’t Always Bad’, and eventually chapter 11, ‘Convincing Consumers to Care’. We concluded with his plans for the next book. Informed by over a decade of research and animated by interviews with the movement’s founders and leading figures, Marquis’s book explores the rapid growth of companies choosing to certify as B Corps, both in the United States and internationally, and explains why the future of B Corporations is vital for us all. Andrea Bernardi is Senior Lecturer in Employment and Organization Studies at Oxford Brookes University in the UK. He holds a doctorate in Organization Theory from the University of Milan, Bicocca. He has held teaching and research positions in Italy, China and the UK. Among his research interests are the use of history in management studies, the co-operative sector, and Chinese co-operatives. His latest project is looking at health care in China. He is the co-convener of the EAEPE’s permanent track on Co-operative economy and collective ownership. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta (Cambridge University Press) asks: What happens when a distant colonial power tries to tame an unfamiliar terrain in the world's largest tidal delta? This history of dramatic ecological changes in the Bengal Delta from 1760 to 1920 involves land, water and humans, tracing the stories and struggles that link them together. Pushing beyond narratives of environmental decline, Bhattacharyya argues that 'property-thinking', a governing tool critical in making land and water discrete categories of bureaucratic and legal management, was at the heart of colonial urbanization and the technologies behind the draining of Calcutta. The story of ecological change is narrated alongside emergent practices of land speculation and transformation in colonial law. Bhattacharyya demonstrates how this history continues to shape our built environments with devastating consequences, as shown in the Bay of Bengal's receding coastline. Debjani Bhattacharyya is Assistant Professor of History at Drexel University, Philadelphia. She was a Junior Fellow of the American Institute of India Studies, and a former Research Fellow at the International Institute of Asian Studies, Leiden. Currently, she is a visiting Fellow at the Shelby Cullom Davis Center for Historical Studies, Princeton University Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The essays in Rights at the Margins: Historical, Legal and Philosophical Perspectives (Brill) explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity’ and ‘subjective rights’ back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans’ theory of poverty and colonization or today’s immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Jonathan Robinson, Ph.D. (2010) in Medieval Studies at the University of Toronto, Canada. He currently acts as a lawyer and is the author of William of Ockham’s Theory of Property Rights in Context (Brill, 2012). Virpi Mäkinen is Senior Lecturer in Theological and Social Ethics at the University of Helsinki, Finland. Pamela Slotte is Associate Professor of Minority Studies at the Åbo Akademi University, Finland. Heikki Haara is Senior Lecturer of Political History at the University of Helsinki. Alexandra Ortolja-Baird is Lecturer in Early Modern European History at King’s College London Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The title of Harvard historian Alexander Keyssar,’s new book poses the question that comes up every presidential election cycle: Why Do We Still Have the Electoral College? (Harvard University Press, 2020). Keyssar presents the reader with a deep, layered, and complex analysis not only of the institution of the Electoral College itself, drawing out how it came about at the Constitutional Convention in 1787, but of the many attempts over more than two centuries to reform it or get rid of it. This is an historical subject with keenly contemporary relevance, as we move into the final stretch of the 2020 election cycle, and we consider how the political landscape, party platforms, and the shape of the presidential race all look the way they do because of the Electoral College. Keyssar unpacks the discussions and debates at the Constitutional Convention about how to elect a president, and then dives into the immediate response to the Electoral College as it was implemented in the new system. In going through the history of the Electoral College itself, and the points of contention between the popular vote tallies and the Electoral College results, as well as the many, many attempts to reform or eliminate the Electoral College, Keyssar highlights the two points in American political history when we came closest to doing away with this means of electing the president. The Era of Good Feeling (1815-1825)—when there was really only one functioning party, and the party system itself was in flux as party competition shifted—saw a significant effort to revise the Electoral College and the contingent election system that had been used when no candidate received a majority of the votes and the House of Representatives must designate a winner. Keyssar also maps out the efforts in the 1960s and early 1970s to pass an amendment to the Constitution to replace the Electoral College with direct popular vote. This legislation was filibustered in the Senate by senior Southern Democratic and Dixiecrat senators who saw the disproportional voice that the Electoral College gave to the Southern states—states where the Black vote had been significantly diminished because of regulations and threats that made it extraordinarily difficult and dangerous for African Americans to vote. Keyssar explains that this was known as the “5/5 rule”—in contrast to the 3/5th rule in the Constitution—whereas the southern states were able to count all Black citizens are part of their populations and preclude all of them from voting. Why Do We Still Have The Electoral College also traces the internal shifts within the states as they moved from their initial approach to the distribution of electoral college votes to the establishment of the “unit rule” or “general ticket” that allocates all of a state’s electoral college votes to the winner in that particular state. Not only have there been attempts to amend the Constitution to get rid of the Electoral College, but there is a long history of the efforts to reform or eliminate the general ticket/unit rule. Keyssar brings the reader forward to the contemporary period through a number of different threads as he outlines multiple dimensions of reform attempts and their failure, all while providing the reader with a deep history of debate about the structure and function of the Electoral College. This unique aspect of the American constitutional system also reflects the continuing impact of the role of race in American politics and political institutions. For those interested, curious, or confused, this book is truly a tour de force on the Electoral College. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her latest book, The Hidden Face of Rights: Toward a Politics of Responsibilities (Yale University Press), Kathryn Sikkink puts forward a framework of rights and responsibilities; moving beyond the language of rights that has come to dominate scholarship and activism, she makes the case that human rights cannot be truly implemented unless we also recognise that there are corresponding obligations to implement those rights. Recognising that talk of responsibility, obligation and duty are often unpopular - because people do not like to be told what they ‘should’ do - Sikkink advocates that we rethink how we conceive of responsibility – it should not be limited to backward-looking blame attribution, but should be expanded to become one of forward-looking responsibility; instead of just asking who is to blame, responsibility should be expanded to ‘what together can we do?’ In making this argument, she focuses on five key areas – climate change, voting, digital privacy, freedom of speech, and sexual assault - to demonstrate how responsibility is engaged. She provides many examples of grass-roots initiatives where people can choose to adopt the rights and responsibilities model for collective action. There are fewer more pertinent concerns for our times. Sikkink’s book will make you rethink your own responsibilities, and as a citizen of the world, ‘what together we can do’. Kathryn Sikkink is the Ryan Family Professor of Human Rights Policy at the Harvard Kennedy School of Government. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The updated paperback edition of Hate: Why We Should Resist it With Free Speech, Not Censorship (Oxford University Press) dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism. New York Law School professor Nadine Strossen, the immediate past President of the American Civil Liberties Union (1991-2008), is a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions. Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her via email or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Colorizing Restorative Justice: Voicing Our Realities (Living Justice Press, 2020) consists of stories that have arisen from the lived experiences of a broad range of seasoned, loving restorative justice practitioners of color—mostly women—who have fiercely unearthed realities about devastation caused by white practitioners who have unthinkingly worked without a racial or social justice consciousness. This book is thus a wake-up call for European-descended restorative justice practitioners as it is validating for Indigenous practitioners and practitioners of color and enlightening for anyone wishing to explore the intersections of indigeneity, racial justice, and restorative justice. The authors of Colorizing Restorative Justice: Voicing Our Realities are Desirée Anderson, Rochelle Arms Almengor, Michelle Armster, Belinda Dulin, Leon Dundas, Sharon Goens-Bradley, Janice Jerome, Gaye Lang, Erica Littlewolf, Shameeka Mattis, Abdul-Malik Muhammad, Christianne Paras, Christina Parker, Gilbert Salazar, Victor Jose Santana, Barbara Sherrod, Johonna Turner, Edward C Valandra, Waŋbli Wapȟáha Hokšíla, Anita Wadhwa, Sheryl R. Wilson, and Robert G. Yazzie. Dr. Edward C Valandra, Waŋbli Wapȟáha Hokšíla is Sičáŋǧu Thitȟuŋwaŋ and was born and raised on the Rosebud Sioux Reservation. He has served his Sičáŋǧu Thitȟuŋwaŋ Oyáte nation on the Rosebud Sioux Tribal Council, as an Inter-Tribal Bison Cooperative (ITBC) Board of Directors representative, and as his nation’s seven-member Constitutional Task Force. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford University Press) traces the origins of the idea, its development, and its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflicts, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights. Alexander Kaye, Karl, Harry, and Helen Stoll Chair of Israel Studies; Assistant Professor, Department of Near East and Judaic Studies, Brandeis University. Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Jerusalem Series on Ideas with Renee Garfinkel https://newbooksnetwork.com/category/van-leer-institute/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book In the Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico (University of California Press), Gema Kloppe-Santamaría examines the history of violence enacted by groups against alleged transgressors who claimed to bring justice while acting beyond the rule of law. Focusing on the 1930s to 1950s, this book explores the roots of a phenomenon often mistakenly assumed to be a result of neoliberalism in Mexico and elsewhere in Latin America. Kloppe-Santamaría finds that extralegal violence was not a response to the absence of the state nor to increased crime levels, nor is it connected to traditional practices. Instead, lynching is a complex, political act that commonly occurred in urban and rural communities in Mexico. In these locales, the state was not absent, but some citizens rejected its forms of justice and deplored modernization programs that sought to remake their everyday practices. But state officials could condone or even participate in lynchings. Communities also used extralegal justice to correct perceived crimes against the Church and Catholic values, or to target threatening individuals who could be accused of witchcraft or other mythical offenses. The Mexican press avidly covered lynchings as spectacles, but the press did not always decry lynching and often suggested it was a necessary, moral act in the absence of speedy, fair legal justice from the state. This book is in dialogue with scholarship on lynching in the United States and illustrates the relevance of the Mexican case for scholars of extralegal violence in other places. Gema Kloppe-Santamaría is Assistant Professor of Latin American History at Loyola University Chicago. Rachel Grace Newman is Lecturer in the History of the Global South at Smith College. She has a Ph.D. in History from Columbia University. Her book manuscript in progress is titled Study Abroad, Transnational Youth, and the Politics of Modernization in Mexico. She is also the author of a book on a binational education program for Mexican migrant children. She is on Twitter (@rachelgnew). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, in Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso), Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society. In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects. Jessica Whyte is Scientia Associate Professor of Philosophy at the University of New South Wales. She has published widely on human rights, humanitarianism, sovereignty and war. She is author of Catastrophe and Redemption: The Political Thought of Giorgio Agamben, (SUNY 2013) and The Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso, 2019) and an editor of Humanity: An International Journal of Human Rights, Humanitarianism and Development. More of her research is available here: https://unsw.academia.edu/JessicaWhyte Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s―covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The UK’s transition from legally withdrawing from the EU to leaving the union’s single market will come to an end at midnight on December 31 with no successor trade agreement yet in place. For the UK’s financial sector, which accounts for 7% of the country’s economy and a million of its jobs, whether there is such an agreement and what shape it takes really matters. In Brexit and Financial Regulation (Oxford University Press, 2020), co-editors Jonathan Herbst and Simon Lovegrove have corralled 26 lawyers from 12 leading firms and chambers to explain why. Between them, they cover the history of the withdrawal process, the likely impact of Brexit on regulations of everything from how bankers are rewarded for success to how insolvent banks are wound up, and what could happen next in the negotiations. Jonathan Herbst is Global Head of Financial Services Regulation at law firm Norton Rose Fulbright. Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sara Mayeux is the author of Free Justice: A History of the Public Defender in Twentieth-Century America, published by the University of North Carolina Press in 2020. Free Justice explores the rise, both in the idea and practice, of the public defender throughout the 20th Century. More than just a strict legal history of the profession, Dr. Mayeux’s work looks beyond the confines of the courtroom or law firm to explore how the public defender was representative of changing ideas of not just law, but American identity. Free Justice expands our knowledge of how and why public defenders became as ubiquitous as they are today. Dr. Mayeux is an Associate Professor of Law at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rancor reigns in American politics. It is possible these days to regard politics as an arena that enriches and ennobles? Matthew D. Wright responds with a resounding yes in his 2019 book, A Vindication of Politics: On the Common Good and Human Flourishing (UP of Kansas, 2019). Wright takes issue with the instrumentalist view of politics and walks readers through key debates in the field of natural law and the ideas of titans in it, primarily John Finnis and Alasdair MacIntyre but discussing along the way some of their peers such as Robert P. George and Mark Murphy. In the section of the book on the relationship of government and the state to family matters, Wright takes on the notions of Amy Gutmann and Robin West, which allow for a level of interference in the family sphere greater than conservative thinkers could ever conceive of countenancing. Not only are living thinkers addressed but so are such figures as Aristotle, Edmund Burke and Abraham Lincoln. Wright shows us how to conduct ourselves on the basis of civic friendship, another major theme in his book. With Wright’s help, we learn what terms such as “the common good” and “human flourishing” mean in both everyday life and in the field of philosophy. He clarifies what terms such as “political culture,” “political association” and “political community” mean and enables us to grasp what it means to “think institutionally” and what the “moral imagination” is. Wright is hearteningly hopeful and shows that being part of a political community is easier than we think, is character building and is more vital than ever. His book is indeed a vindication of a part of human society, politics, that we cannot escape and which encompasses everything from the workings of the individual family to what love, justice and virtue look like through the lens of politics. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
States of Justice: The Politics of the International Criminal Court (Cambridge University Press, 2020) theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, the book contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states’ interests, and the global governance of atrocity crimes: first, the strategic use of self-referrals to the ICC; second, complementarity between the national and the international justice systems; third, the limits of state cooperation with international courts; and fourth, the use of international courts in domestic political conflicts. Oumar Ba is an assistant professor of political science at Morehouse College. The draft manuscript on which his book was based was the 2019 International Studies Association (ISA) Northeast Scholars’ Circle honoree. In 2020, Opinio Juris hosted a symposium on States of Justice, and Africa is a Country hosted a discussion on race and international relations with Oumar Ba and Samar al-Bulushi. Madina Thiam is a PhD candidate in history at UCLA. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Renisa Mawani’s Across Oceans of Law: The Komagata Maru and Jurisdiction in the Time of Empire (Duke University Press), take us to 1914, when the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. 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. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history. Renisa Mawani is currently Professor in the Department of Sociology at the University of British Columbia and recurring Chair of the Law and Society Program. Other affiliations at UBC include: Faculty Associate, Peter Wall Institute for Advanced Studies, the Institute for Race, Gender, Sexuality, and Social Justice, Green College, and the Science and Technology Studies Program. Mawani is the author of Colonial Proximities: Crossracial Encounters and Juridical Truths in British Columbia, 1871–1921. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode, Siobhan talks with Philip Thai about his book, China's War on Smuggling: Law, Illicit Markets, and State Power on the China Coast (Columbia University Press, 2018). Thai is Assistant Professor of History at Northeastern University. He is a historian of Modern China with research and teaching interests that include legal history, economic history, and diplomatic history. Smuggling along the Chinese coast has been a thorn in the side of many regimes. From opium and weapons concealed aboard foreign steamships in the Qing dynasty to nylon stockings and wristwatches trafficked in the People’s Republic, contests between state and smuggler have exerted a surprising but crucial influence on the political economy of modern China. Seeking to consolidate domestic authority and confront foreign challenges, states introduced tighter regulations, higher taxes, and harsher enforcement. These interventions sparked widespread defiance, triggering further coercive measures. Smuggling simultaneously threatened the state’s power while inviting repression that strengthened its authority. Philip Thai chronicles the vicissitudes of smuggling in modern China—its practice, suppression, and significance—to demonstrate the intimate link between illicit coastal trade and the amplification of state power. China’s War on Smuggling shows that the fight against smuggling was not a simple law enforcement problem but rather an impetus to centralize authority and expand economic controls. The smuggling epidemic gave Chinese states pretext to define legal and illegal behavior, and the resulting constraints on consumption and movement remade everyday life for individuals, merchants, and communities. Drawing from varied sources such as legal cases, customs records, and popular press reports and including diverse perspectives from political leaders, frontline enforcers, organized traffickers, and petty runners, Thai uncovers how different regimes policed maritime trade and the unintended consequences their campaigns unleashed. China’s War on Smuggling traces how defiance and repression redefined state power, offering new insights into modern Chinese social, legal, and economic history. Siobhan M. M. Barco, J.D. explores legal history at Princeton University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On this episode of New Books in History, Jana Byars talks with Colin Rose, Assistant Professor of History at Brock University in St. Catherine’s, Ontario, Canada, about his new book, A Renaissance of Violence: Homicide in Early Modern Italy (Cambridge University Press, 2019). Seventeenth-century Bologna saw a severe uptick of homicide, the result of several factors that we discuss here. Beyond just a discussion of the book and its impact on our understanding of early modern Italy, Colin talks about his source material in detail, providing a small primer on the workings of an early modern criminal court. This makes for a lively conversation between two very happy historians about the joys of archival work. Jana Byars is the academic director of SIT Amsterdam’s study abroad program, Gender and Sexuality in an International Perspective. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his book From Slaves to Prisoners of War: The Ottoman Empire, Russia, and International Law (Oxford University Press, 2018), Will Smiley examines the emergence of rules of warfare surrounding captivity and slavery in the context of Ottoman-Russian military rivalry between 1700 and 1878. This remarkably well-researched and carefully argued monograph uncovers a vibrant inter-imperial legal regime, challenging many conventional narratives about the expansion of modern international law and the European states system. Its pages provide ample material with which we can rethink the supposed linear decline of Ottoman state power and the nature of pre-modern diplomacy, sovereignty, and governance in Eurasian empires. While traditional accounts of modern international law mainly focus on intellectual and political developments in the Western world, Smiley shows how two states on the European periphery worked out their own rules – their own international law governing the movement of captives, slaves, and prisoners of war across imperial frontiers. The story that emerges is not one of the Ottoman state’s joining an outside system of law. On the contrary, both in the eighteenth century and the even more challenging nineteenth, the Sublime Porte actively shaped the rules by which it was bound. Will Smiley is an Assistant Professor in the Humanities Program at the University of New Hampshire and a historian of Eurasia, the Middle East, the Ottoman Empire, and international law. Vladislav Lilić is a doctoral candidate in Modern European History at Vanderbilt University. His research focuses on the place and persistence of quasi-sovereignty in late Ottoman and post-Ottoman Southeastern Europe. Vladislav’s other fields of interest include the socio-legal history of empire, global history of statehood, and the history of international thought. You can reach him at vladislav.lilic@vanderbilt.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does the United States use immigration to suppress free speech? Should interests of “national security” take priority over individual liberties? What happens to democracy when the most vulnerable are denied their right to speak and exchange ideas? In Threat of Dissent: A History of Ideological Exclusion and Deportation in the United States (Harvard University Press, 2020), historian and lawyer Dr. Julia Rose Kraut argues that ideological exclusions and deportations are rooted in political fear of subversion – and the United States has used these exclusions and deportations continuously from the 18th to 21st centuries to suppress free speech. The book explores the constitutionality of ideological restrictions and exclusions as interpreted by American courts – as well as the specific intersection of American immigration and First Amendment law – through a political, historical, legal and personal lens by following the lives of real people as well as key court decisions. The book chronicles the actions of those we know (e.g. Clarence Darrow, Thurgood Marshall, Charlie Chaplin, Carlos Fuentes, and J. Edgar Hoover) as well as some that we may have forgotten (e.g. Ernest Mandel, Leonard Boudin, Carol King, and Frank Murphy). At issue for Kraut is the essence of American liberal democracy and the rule of law. She fears a national identity rooted in fear of the threat of dissent and political repression rather than J.S. Mill’s marketplace of ideas and free exchange of ideas. The actions of the Trump administration on immigration have put a recent spotlight on this issue – and Kraut’s book concludes with the Travel Ban – but she details how immigration law has been used throughout American history to suppress dissent and radical change. Beginning with the Alien Friends Act of 1978, immigrants in America have always had their First Amendment rights violated on the basis of their values, ideas, and associations. These violations are often backed by the Supreme Court as immigrants are judged more greatly on their immigrant status than in accordance with first amendment rights. Threat of Dissent systematically reveals the ways immigration law is used by officials to intimidate, threaten, and repress foreigners. Kraut unveils this, criticizing not only the damaging effect this has on immigrants’ lives themselves, but additionally the overall damage this does to the idea of American liberal democracy and the overstep of executive power. The podcast includes a discussion of the recent SCOTUS decisions on DACA and the recent passage of the NOBAN Act by the House of Representatives on July 22, 2020. Bernadette Crehan assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How could a peasant in Shandong in the Qing dynasty come to know enough about a specific law that he felt confident enough to kill his own wife and his lover’s husband and think that he could get away with it? As Ting Zhang’s new book, Circulating the Code: Print Media and Legal Knowledge in Qing China (University of Washington Press, 2020) shows, there was a whole range of ways: he could have read the entire statute himself, in either an official or a commercial edition of the Qing Code, or found a simple explanation of it in a popular legal handbook. He could have heard a community lecture on it, or seen the statute dramatized on stage. The state might have intended or tried to control the popular dissemination of legal information, but thanks to commercial printing and a thriving book market, legal knowledge circulated and disseminated far and wide in the Qing – right down to a peasant with murder on his mind. Circulating the Code is a beautiful combination of legal history and print culture history. Comparing different official and commercial editions of the Qing Code, handbooks for litigation masters, and manuals for community legal lectures, it explores the production, circulation, and reception of legal knowledge in Qing China, shows how the dissemination of legal information transformed law, and challenges assumptions about the state monopolization of accurate legal knowledge in the Qing. Wonderfully detailed, lucidly written, and packed full of fascinating books, this is a must-read for anyone interested in legal history, the history of the book, and in thinking about comparative histories of print culture and commercial publishing. Ting Zhang is assistant professor of history at the University of Maryland. Sarah Bramao-Ramos is a PhD candidate at Harvard University. She works on Manchu books and Manchu translations and loves anything involving a good kesike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Two prominent Israeli liberals argue that for the conflict between Israel and the Palestinians to end with peace, Palestinians must come to terms with the fact that there will be no "right of return." In 1948, seven hundred thousand Palestinians were forced out of their homes by the first Arab-Israeli War. More than seventy years later, most of their houses are long gone, but millions of their descendants are still registered as refugees, with many living in refugee camps. This group―unlike countless others that were displaced in the aftermath of World War II and other conflicts―has remained unsettled, demanding to settle in the state of Israel. Their belief in a "right of return" is one of the largest obstacles to successful diplomacy and lasting peace in the region. In The War of Return: How Western Indulgence of the Palestinian Dream Has Obstructed the Path to Peace (All Point Books, 2020), Adi Schwartz and Einat Wilf―both liberal Israelis supportive of a two-state solution―reveal the origins of the idea of a right of return, and explain how UNRWA – an agency created for the Palestinians and not for the millions of other refugees - the very agency charged with finding a solution for the refugees – colluded with Palestinian, Arab and international political pressure to create a permanent “refugee” problem. Schwartz and Wilf make a compelling and well-documented argument that this Palestinian demand for a “right of return” has no legal, moral or historical basis and make an impassioned plea for the US, the UN, and the EU to recognize this fact, for the good of Israelis and Palestinians alike. Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Series on Ideas with Renee Garfinkel ttps://newbooksnetwork.com/category/van-leer-institute/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is often said that bioethics emerged from theology in the 1960s, and that since then it has grown into a secular enterprise, yielding to other disciplines and professions such as philosophy and law. During the 1970s and 1980s, a kind of secularism in biomedicine and related areas was encouraged by the need for a neutral language that could provide common ground for guiding clinical practice and research protocols. Tom Beauchamp and James Childress, in their pivotal The Principles of Biomedical Ethics, achieved this neutrality through an approach that came to be known as "principlist bioethics." In Pastoral Aesthetics: A Theological Perspective on Principlist Bioethics (Oxford University Press, 2019), Nathan Carlin critically engages Beauchamp and Childress by revisiting the role of religion in bioethics and argues that pastoral theologians can enrich moral imagination in bioethics by cultivating an aesthetic sensibility that is theologically-informed, psychologically-sophisticated, therapeutically-oriented, and experientially-grounded. To achieve these ends, Carlin employs Paul Tillich's method of correlation by positioning four principles of bioethics with four images of pastoral care, drawing on a range of sources, including painting, fiction, memoir, poetry, journalism, cultural studies, clinical journals, classic cases in bioethics, and original pastoral care conversations. What emerges is a form of interdisciplinary inquiry that will be of special interest to bioethicists, theologians, and chaplains. Nathan Carlin is Associate Professor and the Samuel Karff Chair in the McGovern Center for Humanities and Ethics at The University of Texas Health Science Center at Houston (UTHealth). Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why did the DREAM Act (for the Development, Relief, and Education of Alien Minors) never pass Congress – even though it was popular with Republicans and Democrats? What does the political and legal history tell us about American federalism? How is the legal history of the DREAM ACT and DACA (Deferred Action for Childhood Arrivals) tied to the legal bureaucracy of residence? In Perchance to DREAM: A Legal and Political History of the DREAM Act and DACA (NYU Press, 2020), Michael A. Olivas marshals his experiences as both attorney and teacher to unpack the overlapping laws, politics, and politics of immigration – demonstrating how the financial aid laws, age of majority requirements, and rules for establishing domicile establish carrots and sticks that lead to inept and unjust immigration policy. The book provides a much needed legal and political history of the DREAM Act that spans over two decades from its introduction in Congress (2001) to the Trump Administration challenge of legality in the Supreme Court (2017). Olivas uses Plyler v. Doe (1982) as an entry point. A revision to Texas law in 1975 allowed the state to withhold funds from local school districts for educating the children of undocumented people. The Supreme Court ruled that the law violated the Equal Protection Clause of the Fourteen and recognized the right of undocumented to attend public schools. Olivas sees SCOTUS’s ruling as the beginning of immigration reform, particularly for undocumented people who came to the U.S. as children. Twenty-First century immigration reform has included racist narratives, fearmongering, and misinformation. Perchance to DREAM pulls the lens back to reveal the many times that immigration reform has been less polarized and expose the lack of traction. Despite covering the law and wider institutional struggles, the book highlights the pain that individual DREAMers that have suffered. Towards the end of the book, Olivas highlights poems including Pedro Calderon de la Barca’s La Vida es sueño and Langston Hughes’s Harlem to capture the yearning and disappointments of the DREAMers. Yet Olivas insists “I do not approve. And I am not resigned” noting that the fight for immigration reform is far from over. In the podcast, Olivas offers insights on the June 18, 2020 Supreme Court decision in. Department of Homeland Security v. Regents of California in which the Court ruled 5-4 to overturn. The Department of Homeland Security’s decision to end the DACA policy on narrow, procedural grounds. Daniella Campos assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Legal and political theories are not descriptions of brute facts. Nor are they merely postulated ideals or aspirations. Theories reflect and are reflected in our social relationships … Moral and political values thus cannot and should not be discussed in isolation from the institutions and social histories that shaped them. – N.E. Simmonds cited in Raymond Wacks, Understanding Jurisprudence (2005) Considering the law as a social phenomenon intrinsic to political economy is key to engaging the work in this new volume of scholarly articles edited by Professor Poul Kjaer – The Law of Political Economy: Transformation in the Function of Law (Cambridge University Press, 2020). The book is relevant on many levels to the events unfolding around us including unresolved issues between the private and the public realms (e.g., think banking and government in relation to the Global Financial Crisis of 2008). Current manifestations (post-book publication) include the ruling of the German Constitutional Court in May, which at core, appears to challenge the legitimacy of EU law for German financial interests. However distant such regulatory and legal matters may, at first appear, the idea that theories ‘are reflected in our social relationships’ anchors a more general observation made in this book’s introductory chapter concerning theoretical architectures as differentiating ‘between a holistic or a differentiation-based worldview, that is, between an understanding of society as a whole, which is larger than the sum of its parts, or an understanding of society as a mere collection of differentiated parts.’ In this NBn episode, Professor Poul Kjaer distinguishes such concepts among others, and sets the context for those with an interest in learning about ‘the law and political economy’ as a field of study including an explanation of the differences between the European and American approaches to this field. Some other points of elaboration include more detailed thoughts on his introductory chapter, his previous books dealing with governance and governing, corporatism’s many guises, intermediary institutions as key locations for social integration and dis-integration, the concept of crisis and how law regulates the economy and politics, with Georg Simmel, in a sense, underlying it all with the question: ‘how is society possible?’ Professor Kjaer explains key concepts and thinkers in this field as he provides a lay of the land as surveyed from the ‘Copenhagen School’. He also shares his impressions with the book editing process, and some of the more foundational concepts and sources. The book brings ‘together an exceptional group of scholars’ providing a ‘novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts’. This volume’s many contributions cover legal subfields ‘ranging from competition and consumer protection law to labour and environmental law, giving a comprehensive overview of the central challenges of the law of political economy.’ It should be added that the 15 chapters are compellingly written, and the book is available in hardcover and Kindle. Poul F. Kjaer is a professor at the Copenhagen Business School (CBS) in Denmark with a research focus on European and global governance, the law and political economy. Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Aya Gruber, a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault. In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in the hope that it would lead to less violence against women. She also argues that the social context in which sexual assault allegations were made in the 19th century, especially regarding African-American males and white women, influenced the outcomes in legal cases and divided the feminists of the 19th century. Professor Gruber also addresses the fissures created in the women’s movement from the 1960s through today regarding how sexual assault should be treated under the law has worked against justice for both victims and their assailants. Professor Gruber argues that sexual assault law is premised upon erroneous beliefs about how men and women interact, the norms of nonverbal conduct, and the efficacy of punitive solutions. In addition to covering the history of sexual assault law she addresses how the criminal law might be reformed to meet the “convergent interests” of men and women. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do we move police forces from a warrior culture to connecting better with communities they serve? Today I talked to David A. Harris about his new book A City Divided: Race, Fear and the Law in Police Confrontations (Anthem Press, 2020). Harris is a professor at the University of Pittsburgh’s law school and is the leading U.S. authority on racial profiling. Also the author of Profiles in Injustice (2002). he hosts the podcast Criminal Injustice. Topics covered in this episode include:
Harris’s vantage point on what the Minnesota legislature got right and only half-right in recently approving a police accountability measure in the wake of the George Floyd killing.
Why navigating fear and anger is so hard for both black suspects and the police alike.
What role a lack of familiarity – and trust – plays for officers and suspects in trying to avoid escalating their encounters.
Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. To check out his “Faces of the Week” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his book The Hidden History of International Law in The Americas: Empires and Legal Networks (Oxford University Press, 2017), Juan Pablo Scarfi shows the central role of a coterie of elite Latin American jurists and intellectuals in constructing a Pan-American inflected conception of international law. In exploring the rise of so-called “American” international law, Scarfi’s monograph contributes to the now burgeoning literature on the rise of global governance, by showing how many of the legal ideas that came to serve as the foundation of organizations like the United Nations were first experimented with in Latin America. While much previous work on international law during the twentieth century has often left Latin America out of the picture or given it a peripheral role, this important monograph positions Latin America at the center of the development of modern ideas about international law and highlights the global legal networks that allowed for spirited exchanges between Latin American, North American, and European legal elites. Juan Pablo Scarfi is a Research Associate at the Argentine National Scientific and Technical Research Council (CONICET), and teaches international relations and international law at the School of Politics and Government at the National University of San Martín, Argentina. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book, The Cabinet: George Washington and the Creation of an American Institution (Harvard University Press, 2020), historian Lindsay M. Chervinsky traces the origins of the President’s cabinet in American government. Chervinsky combines the history of the American Revolution with studies of early American political institutions to illustrate how the cabinet developed. Exploring the cabinet’s inception, Chervinsky argues that traditional narratives about the cabinet don’t tell the whole story and, in fact, that the cabinet itself is a rather under-researched aspect of the American presidency. While George Washington did build the cabinet and, even more importantly, made use of the cabinet in developing policy and seeking input and advice, Chervinsky reveals that it was not until well into Washington’s first term that the cabinet really came into full usage, and this was only after Washington had experimented with other options. The Cabinet: George Washington and the Creation of an American Institution traces how the cabinet evolved in a kind of organic fashion, as Washington needed more input and, in an interesting comparative context, as the Senate provided less engaged advice and consent than had been anticipated at the Constitutional Convention. Chervinsky highlights how Washington’s inaugural cabinet established and protected executive authority setting a precedent for future cabinets and helping to define the scope of executive power in the new constitutional system. Chervinsky’s book takes a chronological approach, starting in the revolutionary period and working forward through Washington’s two administrations. She begins by exploring Washington’s military experience, especially his leadership of the military, and explains how this experience informed his decisions around creating and using the cabinet while president. Chervinsky describes how, during the American Revolution, Washington relied on councils of war to provide advice and help him to make key decisions. He designed the cabinet to advise him in a similar fashion. Chervinsky also discusses the first cabinet secretaries—figures who were themselves quite well known, like Alexander Hamilton, Edmund Randolph, Thomas Jefferson, and Henry Knox—and how their individual experiences shaped the offices they held. The Cabinet notes that the way in which the first ministers debated issues created a model for the president’s cabinet as an enduring institution. Chervinsky concludes her chronological study looking at how the cabinet became permanent in response to crises including the Neutrality Crisis of 1793, the Whiskey Rebellion of 1794, and Jay Treaties of 1795-1796 (which also involved the development of executive privilege). Finally, Chervinsky considers the ramifications of Washington’s creation and use of the cabinet. She explains how the public came to think about Washington’s cabinet and his secretaries, while also comparing Washington’s cabinet practices to more contemporary ones. The Cabinet weaves together a fascinating history of the institution itself while providing an understanding of how it evolved as an institution within the new constitutional system and, in particular, how it operates with the president, carving out a space for a more authoritative executive. Adam Liebell-McLean assisted with this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How can we understand the legacy of colonialism within contemporary society? In Bordering Britain Law, Race and Empire (Manchester University Press, 2020), Nadine El-Enany, a senior lecturer in law at Birkbeck School of Law and Co-Director of the Centre for Research on Race and Law, historicises immigration law and ideas of citizenship in Britain, connecting the project of building a nation after the end of empire to whiteness, colonial violence, and racism. The book analyses legislation and case law, along with the social and historical context of immigration in Britain, to demonstrate the continued, systemic, violence at the heart of the British state. The book is essential reading across law, history, and the social sciences, as well as for anyone interested in understanding contemporary society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Paulo Drinot’s The Sexual Question: A History of Prostitution in Peru, 1850s-1950s (Cambridge University Press, 2020), studies the interplay of sexuality, society, and the state in Peru in the nineteenth and twentieth centuries. Drinot analyzes the rules and norms that governed prostitution and venereal disease in this period, and tracks how regulation of prostitution was implemented in the early twentieth century, and then seemingly abandoned in the 1950s. Drinot’s story foregrounds the many agents that intervened in this process: prostitutes––or sex workers as we may call them today––but also government officials, physicians, journalists, feminists, among others. Set in a global and comparative framework, this book centers on Peru, a country that came “late” to the regulation of prostitution, and did so under arguments that combined concerns about public health and ideas about proper female and male sexuality. The Sexual Question goes beyond the history of prostitution for it also sheds light on broader processes such as the medicalization of society and the construction of the nation-state in Latin American societies. Race figures prominently in this story: throughout this period, the regulation of prostitution was accompanied by the racialization of disease, and the policing of certain groups deemed especially dangerous or in need of protection (Afro-Peruvians and indigenous groups for example). This is a timely book, not only for those listeners concerned with Latin American history, but also for those who are interested in sexuality, the state, race, and medical history more generally. A must for our listeners! Lisette Varón-Carvajal is a PhD Candidate at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law and Public Policy (Oxford University Press) examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies. Margaret C. Stevenson is Associate Professor at the University of Evansville. She has published over 30 peer-reviewed articles, chapters, and an edited volume related to jury decision-making. Bette L. Bottoms is Professor of Psychology and Dean Emerita of the Honors College at The University of Illinois at Chicago. She is Fellow of the American Psychological Association (APA) and a past president of APA's Society for Child and Family Policy and Practice and Section on Child Maltreatment. Kelly C. Burke is a doctoral candidate in the Social Psychology Program at The University of Illinois at Chicago. Her research on the influence of prejudice and case evidence (e.g., body-worn camera footage) on juror decision making has been published in peer-reviewed journals and books and funded by the American Psychology-Law Society's Diversity Research Award and the Society for the Psychological Study of Social Issues Grant-in-Aid Award. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With such high levels of residential segregation along racial lines in the United States, gentrifying neighborhoods present fascinating opportunities to examine places with varying levels of integration, and how people living in them navigate the thorny politics of race. Among the many conflicts revolving around race under gentrification is crime and its relationship with the displacement and marginalization of a neighborhood’s existing low-income minority groups. Contributing to this conversation is sociologist Jan Doering, whose new book Us versus Them: Race, Crime, and Gentrification in Chicago Neighborhoods (Oxford University Press, 2020) examines the strategic practices of two groups in that city’s Rogers Park and Uptown neighborhoods: “public safety” advocates, or people who were very concerned with crime and active in a variety of local initiatives to address it; and “social justice” advocates, or people who were more concerned with resisting gentrification and keeping their neighborhood racially and socioeconomically diverse. In documenting their efforts and clashes through three years of fieldwork, Doering focuses on two forms of racial claims-making each camp of residents uses to make its case: racial challenges, or charges of racially problematic behavior, and racial neutralizations, or any defensive or reparative responses to racial failings. Revealing links between how anticrime initiatives can amplify gentrification and contribute to marginalization through the invocation of race as they negotiate the politics of crime and gentrification, the book provides a highly nuanced, and quite timely, analysis of everyday battles over racial meanings with great resonance for today’s political climate. Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), and editor of Urban Ethnography: Legacies and Challenges (Emerald, 2019) and Ethnography and the City: Readings on Doing Urban Fieldwork (Routledge, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Sovereignty (Northwestern University Press, 2020) playwright Mary Kathryn Nagle weaves together two stories separated by 170 years but joined by a common dilemma: how can Cherokee people fight for justice under an unjust colonial legal framework? In present-day Oklahoma, Sarah Ridge Polson attempts to bring her abuser to justice using the Violence Against Women Act. In 1835, her ancestors try to defend the inherent jurisdiction of the Cherokee Nation against the encroachments of the state of Georgia. Nagle combines her art as a playwright with her training as a lawyer to craft a taught legal drama that illuminates the complexities of these issues. This is a play about how history is always with us, even when that history has been repressed for generations. Andy Boyd is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at andyjamesboyd@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Verónica Martínez-Matsuda about her book Migrant Citizenship: Race, Rights, and Reform in the U.S. Farm Labor Camp Program (University of Pennsylvania Press). Migrant Citizenship exams the Farm Security Administration’s Migratory Labor Camp Program, and its role in the daily lives of a diverse number of farmworker families. Martínez-Matsuda thoroughly investigates the way public policy was used to intervene in the lives of migrant workers, and how these workers sought to transform their own lives and the country around them through appealing to American democratic principles and forming movements to pursue social justice and civil rights. Martínez-Matsuda’s study showcase the many ways that the FAS’s history, and these migrant workers, is integral to understanding both historical and modern struggles in farm labor relations. Verónica Martínez-Matsuda is an Associate Professor at Cornell University’s ILR School. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Before Ronald Reagan appointed Sandra Day O’Connor to the Supreme Court in 1981, nine highly qualified women were on the shortlist. What do the stories of these women tell us about the judiciary? Gender? Feminism? Race? In Shortlisted: Women in the Shadows of the Supreme Court (NYU Press, 2020), Renee Knake Jefferson (professor at the University of Houston Law Center) and Hannah Brenner Johnson (Vice Dean and a law professor at California Western School of Law in San Diego) demonstrate how highly (and often overly) qualified woman are shortlisted by presidents -- from Herbert Hoover to Donald Trump -- to create the appearance of diversity before a (white) man is selected to preserve the status quo. Short-listing isn’t success but symptom of a problem. Jefferson and Johnson’s research in presidential libraries, private papers, oral histories, the Nixon tapes, and biographies reveals that presidents as early as Herbert Hoover began discussing female candidates – though presidents set aside overly qualified women for decades. The first half of this nuanced book explores the first woman considered (Florence Allen), five judges who were on the short lists of JFK, LBJ, Nixon, and Ford, and female judges who were short-listed alongside Sandra Day O’Connor (including the first Black female judge, Amalya Lyle Kearse). The histories of each candidate map onto the waves of feminism, reflect on the role of marriage, motherhood, and sexuality, and allow the authors to identify the harms of short-listing. The details are revealing about both past and present and the second half of the book addresses how to apply the lessons learned from these decades of paying lip-service to diversity. How can candidates transition from shortlisting to selection? Jefferson and Johnson discuss tokenism, the burdens of being a gender spokesperson, racism, ageism, and the binds of femininity and “respectability.” The authors demonstrate how the selection of women for the Supreme Court impacts other aspects of the legal system and beyond. Although the number of men and women entering law school and entry-level legal positions are equal, the rate at which men reach leadership positions is considerably faster than women. This phenomenon can be seen in many fields where there is a pursuit of professional advancement. The authors conclude with strategies such as “collaborating to compete” to reform the American legal system. Daniella Campos assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Movement for Reproductive Justice: Empowering Women of Color through Social Activism (NYU Press, 2020), Pat Zavella shows how reproductive justice organizations' collaborative work across racial lines provides a compelling model for other groups to successfully influence change. In the context of the war on women's reproductive rights and its disproportionate effect on women of color, and increased legal violence toward immigrants, The Movement for Reproductive Justice demonstrates that a truly intersectional movement built on grassroots organizing, culture shift work, and policy advocating can offer visions of strength, resiliency, and dignity for all. Dr. Pat Zavella is Professor Emerita in the Department of Latin American and Latino Studies at the University of California, Santa Cruz. She is also the author of I’m Neither Here nor There: Mexicans’ Quotidian Struggles with Migration and Poverty and coauthor of Telling to Live: Latina Feminist Testimonios. Dr. Isabel Machado is a Postdoctoral Fellow in Gender and Sexuality Studies at the Department of History of the University of Memphis. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Historians have long treated the Atlantic and Indian Ocean routes of early modern French empire separately. But, early modern people understood France as a bi-oceanic empire, connected by vast but strong pathways of commercial, intellectual, and legal exchange. Laurie M. Wood’s Archipelago of Justice: Law in France’s Early Modern Empire (Yale UP, 2020) recasts our view of France’s empire by evaluating the interwoven trajectories of the people, like itinerant ship-workers and colonial magistrates, who built France’s first empire in the Atlantic and Indian Oceans in the long eighteenth century. Imperial subjects like these sought political and legal influence via law courts, with strategies that reflected local and regional priorities, especially in regards to slavery, war, and trade. Courts became liaisons between France and new colonial possessions. Byline: Dr. Julia M. Gossard is assistant professor of history and distinguished assistant professor of honor’s education at Utah State University. A historian of 18th-century France, Julia’s manuscript, Young Subjects, examines children as important actors in social reform, state-building, and imperial projects across the early modern French world. Dr. Gossard is active on Twitter. To learn more about her teaching, research, and experience in digital humanities, visit her website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the 1970s and 1980s, a group of Chicago police officers routinely tortured criminal suspects in their custody, while fellow cops, state attorneys and elected officials looked the other way. In his book, Beyond the Usual Beating: The Jon Burge Police Torture Scandal and Social Movements For Police Accountability in Chicago (University of Chicago Press), Andrew Baer explains how the eponymous detective and others hid their violence, and the arduous struggle to get Burge fired and win reparations for survivors. He blends legal and social history with ethnography to chronicle the labyrinthine legal system that concealed this torture, and the challenges of political coalition-building across class, race, and prison walls. The result is a history of the fraying reform discourse with which we live. Andrew S. Baer is assistant professor of history with a secondary appointment in African American studies at the University of Alabama at Birmingham. Patrick Reilly studies US history, race, and civilian cooperation with police at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
To many observers, European law seems like the endpoint of a mostly random walk through history. Certainly the trajectory of legal systems in the West over the past 2,500 years is far from self-evident. In A Short History of European Law: The Last Two and a Half Millennia (Harvard UP, 2019), Tamar Herzog offers a new road map that reveals underlying patterns and unexpected connections. By identifying what European law was, where its iterations could be found, who was allowed to make and implement it, and what the results were, she ties legal norms to their historical circumstances, and allows readers to grasp their malleability and fragility. Herzog describes how successive European legal systems built upon one another, from ancient times through the establishment and growth of the European Union. Roman law formed the backbone of each configuration, though the way it was understood, used, and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. Expanding the definition of Europe to include its colonial domains, Herzog explains that British and Spanish empires in the New World were not only recipients of European legal traditions but also incubators of new ideas. Their experiences, as well as the constant tension between overreaching ideas and naive localism, explain how European law refashioned itself as the epitome of reason and as a system with potentially global applications. Tamar Herzog is Monroe Gutman Professor of Latin American Affairs and Radcliffe Alumnae Professor in the History Department at Harvard University, and Affiliated Faculty Member at Harvard Law School. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Abolitionism and the Persistence of Slavery in Italian States 1750–1850 (Palgrave MacMillian, 2019) offers a pioneering study of slavery in the Italian states. Documenting previously unstudied cases of slavery in six Italian cities—Naples, Caserta, Rome, Palermo, Livorno and Genoa—Giulia Bonazza investigates why slavery survived into the middle of the nineteenth century, even as the abolitionist debate raged internationally and most states had abolished it. She contextualizes these cases of residual slavery from 1750–1850, focusing on two juridical and political watersheds: after the Napoleonic period, when the Italian states (with the exception of the Papal States) adopted constitutions outlawing slavery; and after the Congress of Vienna, when diplomatic relations between the Italian states, France and Great Britain intensified and slavery was condemned in terms that covered only the Atlantic slave trade. By excavating the lives of men and women who remained in slavery after abolition, this book sheds new light on the broader Mediterranean and transatlantic dimensions of slavery in the Italian states. Giulia Bonazza is currently a post-doctoral researcher on the international project Documenting Africans in Trans-Atlantic Slavery (CIRESC-CNRS Paris). Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Undocumented youth activists are at the forefront of the present-day immigrant rights movement. This is especially true surrounding the activism of the recent SCOTUS decision on DACA issued on June 18, 2020. Professor Kevin Escudero’s book, Organizing While Undocumented: Immigrant Youth’s Political Activism Under the Law (New York University Press, 2020), depicts just how undocumented immigrant youth have utilized their identities for political action between 2010-2019. By developing what he calls the “Identity Mobilization Model,” Escudero studies the intersectional collective identity formation of undocumented immigrant communities by focusing on how micro-level processes interact with macro-level legal structures. Escudero uses intimate narrative accounts of individual experiences, community gatherings, and organizer meetings to show how undocumented immigrant youth activists emphasized the heterogeneity of the movement while also forming coalitions with other movements. Escudero drew on ethnographic participant observation and fifty-one in-depth interviews with undocumented youth activists in San Francisco, Chicago, and New York. The book covers three subgroups within the immigrant rights movement: undocumented Asian activists, undocumented queer activists, and formerly undocumented activists. Each chapter focuses on one of the three subgroups and details how the subgroup shared community knowledge, how they leveraged their intersectional movement identity, and what he observed as high-stakes allyship. Organizing While Undocumented shows how undocumented immigrants “have organized powerful countermobilizations to resist the stigma of illegality”. Further, Escudero carefully describes how undocumented youth form an oppositional consciousness informed by articulations of nuanced historical narratives and their participation in the immigrant rights movement. Overall, Organizing While Undocumented is in direct conversation with academic discussions of migrant illegality, social movement activism, and intersectionality. This book should be read by scholars interested in those fields as well as activists and allies of the immigrant rights movement. Jonathan Cortez is a Ph.D. candidate of American Studies at Brown University. They are a historian of 20th-century issues of race, labor, (im)migration, surveillance, space, relational Ethnic Studies, and Latinx Studies. Their research focuses on the rise of federally-funded encampments (i.e., the concentration of populations) from the advent of the New Deal until post-WWII era. Their dissertation, “The Age of Encampment: Race, Surveillance, and the Power of Spatial Scripts, 1933-1950” reveals underlying continuities between the presence of threatening bodies and the increasing surveillance of these bodies in camps throughout the United States. Jonathan is currently a Ford Predoctoral Fellow as well as a curatorial assistant at the Smithsonian National Museum of American History. You can follow Jonathan on Twitter @joncortz and on their personal website www.historiancortez.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The key question in The Struggle for Democracy in Mainland China, Taiwan, and Hong Kong: Sharp Power and its Discontents (Routledge, 2020), is to what extent political activists in these three domiciles have made progress in their quest to liberalize and democratize their respective polities. Taking a long historical perspective, the book compares the political trajectory in the three regions from the 1970s until the present. Key political events are analyzed for their strategies, tactics, success and lessons learned. An assessment is made as to how these significant political events have informed the key actor’s struggles for democracy, and also the wider democracy trajectory. Crucially, by drawing on key events, Andreas Fulda demonstrates how the Chinese Communist Party uses “sharp power” to penetrate the political and information environments in Western democracies, and manipulate debate and suppress dissenters living both inside and outside China – with the intent of strengthening its own political position. The book explores the effectiveness and consequences of this sharp power, and the rise of the security state within mainland China. The book makes an argument that this policy has been counterproductive in Taiwan and Hong Kong, where sharp power practices have stimulated the growth of civil society, campaigns for democracy and the flourishing of religion. Fulda’s book makes an essential and timely contribution. It is wonderfully written and absorbing; a must read for anyone seeking to understand political events in the region, and China’s rise to prominence in the world. Follow Andreas Fulda on twitter @AMFChina . Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Juries are a cornerstone of the criminal trial, but what happens when the jury engages in its own kind of mischief? In this book, Jeremy Gans delves into the case of R v Young, where a newly married couple was murdered in cold blood. At trial, some jurors turned to a Ouija board for guidance. One of the appeal judges, Sir Ronald Waterhouse described the case as ‘the most bizarre appeal that I sat on… The whole episode had the flavour of a television play rather than a real-life (and very grave) criminal trial.’ These seemingly salacious details conceal deeper issues encountered by jurors, and the criminal justice system at large. What are the ramifications of requiring twelve lay people to bear the burden of decision making in the criminal process? How can we, and should be trust juror deliberations? What should be the consequences if things go wrong? In The Ouija Board Jurors: Mystery, Mischief and Misery in the Jury System (Waterside Press, 2017), Gans considers these, and other issues which challenge the modern day criminal trial. He asks for compassion for jurors, but restores faith in the system and the institution. While being an informative text on the criminal law and its processes, it is also a gripping read that will leave you wanting to know more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did an authoritarian regime help lay the cornerstones of human rights and international law? Soviet Judgement at Nuremberg: A New History of the International Military Tribunal (Oxford University Press, 2020) argues that Anglo-American dominated histories capture the moment while missing the story. Drawing upon secret archives open for a few brief years during Russia’s liberalization, Francine Hirsch takes readers behind the scenes to private parties and late-night deliberations where the Nuremberg Principles took shape. A vital corrective told through the messy and all too human negotiations behind a trial that changed everything and almost never happened. Francine Hirsch is the Vilas Distinguished Achievement Professor of History at University of Wisconsin-Madison. Her first book Empire of Nations: Ethnographic Knowledge and the Making of the Soviet Union (Cornell UP, 2005) received the Herbert Baxter Adams, Wayne S. Vucinich, and Council for European Studies book prizes. She specializes in Russian and Soviet History, Modern European History, Comparative Empires, Russian-American Engagement, and the History of Human Rights. Ryan Stackhouse is a historian of Europe specializing in modern Germany and political policing under dictatorship. His forthcoming book Enemies of the People: Hitler’s Critics and the Gestapo explores enforcement practices toward different social groups under Nazism. He also cohosts the Third Reich History Podcast and can be reached at john.ryan.stackhouse@gmail.com or @Staxomatix. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring (Sarah Crichton Books, 2019), District Judge Richard M. Gergel asks pertinent questions for the Summer of 2020. How do tragic events awaken white people to the violence of structural racism? What do white people do about it? How do black leaders shape their agendas? Unexampled Courage connects the stories of Isaac Woodard, Harry Truman, and J. Waties Waring to illustrate how one incident fits into the larger history of civil rights. On February 12, 1946, Sergeant Isaac Woodard was discharged from the United States military after serving in World War II. While traveling home by bus, Woodard, one of the 900,000 African American men to serve in WWII, was pulled off the bus and arrested for speaking disrespectfully to the white bus driver. While in the custody of police in Batesburg, South Carolina, Sergeant Woodard was beaten and blinded. Viewed in isolation, the blinding of Isaac Woodard appears to be one of many incidents of police brutality against African Americans but Gergel describes how this particular case – publicized widely by the NAACP Legal Defense Fund, the black press, and Orson Welles – reached President Harry Truman and set off a chain of events impacting 20th century American civil rights. In this extensively researched book, Gergel details how the mistreatment of Isaac Woodard shocked President Truman into creating a presidential commission on civil rights “To Secure These Rights” and ordering the Justice Department to prosecute Lynwood Shull, the chief of police in Batesburg. Shull was tried in South Carolina with Judge J. Waties Waring presiding – and found not guilty by an all-white jury. The verdict surprised and outraged Judge Waring who moved to confront racism – his own and that of the institutions that he supported. Moving forward, he ruled against racial segregation in Briggs v. Elliott (1952) and his decision helped lay the foundation for Brown v. Board of Education of Topeka (1954) and the legal precedent that separate but equal is “inherently unequal.” The book highlights how black Americans who fought for civil rights risked their livelihood, bodies, and lives while whites like Truman and Waring negotiated social disapproval, political backlash, and – sometimes – violence. Although the focus is on the white men who “awaken,” he demonstrates the importance of Thurgood Marshall and the NAACP leadership in addressing how institutional inconsistencies (e.g. Department of Justice, FBI, jury procedures, racist law enforcement) produced a bystander government. In the podcast, Judge Gergel connects this mid-century civil rights history to the death of George Floyd, the inability of Congress to pass the Emmett Till Antilynching Act in June 2020, and the challenges of legal reform that remain. He also reveals that the book will be the subject of a public television documentary. Adam Liebell-McLean assisted with this podcast. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013) and, most recently, “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” in the Journal of Politics (August 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What kind of discrimination do Black women face in the legal profession? Tsedale Melaku explores this question and more in her new book: You Don’t Look Like a Lawyer: Black Women and Systemic Gendered Racism (Rowman & Littlefield, 2019). Using in-depth interviews with Black women about their lived experiences working in elite law firms, Melaku explores topics including double burden, system gendered racism, and color-blind ideology. She also pushes our thinking further about these issues through discovery of issues including the invisible labor clause and inclusion tax. Her respondents elaborate on their experiences of having their appearances and positions continually scrutinized, leading to hypervisibility and invisibility. Melaku also explores women’s experiences of isolation, exclusion, and ultimately attrition through daily experiences as well as through important relationships within professional networks. This book will be of interest to many readers inside and outside of Sociology. Scholars of race, gender, and work will find this to be an important reading for their own work and a critical addition to their classrooms. Anyone working in professional institutions could benefit from reading the experiences of these women and Melaku’s clear and thorough analysis of next steps and take-aways. Sarah E. Patterson is a postdoctoral fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present. Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Goodman will cover how the history of deportation is linked with the development of federal power, state coercion, and activist resistance for due process. We also discuss the connections between the deportation machine and the contemporary debate on the prison-industrial complex, anti-immigrant prejudice, and demands for police reform. Far beyond the harsh realities of deportation, this book shows us how the politics of expulsion sought to define who truly belonged in America. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
People’s Tribunals, Human Rights and the Law (Routledge, 2020) gives a vital introduction to an essential but overlooked topic; the rise of People’s Tribunals, their role in truth and justice, and the contribution they make to redress the rights of survivors and victims. People’s Tribunals are independent, grassroots movements, growing from civil society which address past atrocities in spaces where governments or political agendas can’t or won’t. They provide a voice and recognition for survivors, and have the potential to spark dialogue and action beyond the scope provided by the normative domestic or international legal framework. Regina Menachery Paulose’s edited collection gives a thorough account of various People’s Tribunals, which address many situations – from genocide to environmental degradation. The work explores the limits and challenges of People’s Tribunals, while leaving the reader hopeful that the work of People’s Tribunals can fill gaps of injustice left by the conventional legal framework. People’s Tribunals can be part of broader social movements which attempt to bring reconciliation and some sought of healing for past atrocities. The book will be of interest to anyone interested in human rights, international criminal law, environmental justice, transnational justice and international relations. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode, Siobhan talks with Robert T. Chase about his book, We Are Not Slaves: State Violence, Coerced Labor, and Prisoners’ Rights in Postwar America (UNC Press, 2020). In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as “slaves of the state” and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today. Chase is Associate Professor of History at Stony Brook University This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge University Press, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Laura A. Dean (Assistant Professor of Political Science at Millikin University and director of the Human Trafficking Research Lab) has spent many years investigating the urgent human rights issue of human trafficking in Eurasia. In her 2020 monograph Diffusing Human Trafficking Policy in Eurasia (Policy Press, 2020), Dr. Dean analyzes the development and effectiveness of anti-trafficking policies and institutions in Latvia, Russia, and Ukraine, explores challenges to crafting and enforcing policies and aiding victims, and evaluates best practices based on country-to-country comparison. We discuss common misconceptions about human trafficking, the impact of institutionalized gender inequalities on efforts to combat labor and sexual exploitation, the mixed results of United States and Western European involvement, the challenges of controversial fieldwork as an American scholar in Eurasia, and the book’s key takeaways for policy makers and activists. Dr. Dean also introduces the Human Trafficking Policy Index - her new, innovative tool for measuring the scope of human trafficking policy. Diana Dukhanova is Visiting Assistant Professor of Russian at the College of the Holy Cross in Worcester, MA. Her work focuses on religion and sexuality in Russian cultural history, and she is currently working on a monograph about Russian religious philosopher Vasily Rozanov. Diana tweets about contemporary events in the Russian religious landscape at https://twitter.com/RussRLGNWatch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When Americans think about trials of Holocaust perpetrators, they generally think of the Nuremberg Trials or the trial of Adolf Eichmann or perhaps of the Frankfort trials of perpetrators from Auschwitz. If they think of Polish trials at all, they likely assume these were show trials driven by political goals rather than an interest in justice. Gabriel Finder and Alexander Prusin's book Justice behind the Iron Curtain: Nazis on Trial in Communist Poland (University of Toronto Press, 2018) shows that the truth was considerably more nuanced. The book is a comprehensive account of the trials of Nazi perpetrators conducted in liberated and postwar Poland. But it’s more than that—it’s a reflection on how politics impact justice, on what trials can teach us about perpetrator behavior, and on the ways in which ordinary Poles responded to the Holocaust. Finder and Prusin show that the trials were shaped by their political context. But this context allowed and sometimes encouraged the participation of a variety of actors and for a careful and thorough examination of documentary evidence and the testimony of survivors. As a result, the trials were largely successful in achieving a kind of justice, as imperfect as that might be. Prusin died shortly before the book was published. This interview is dedicated to his memory. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Legislative Development in Africa: Politics and Postcolonial Legacies (Cambridge University Press, 2019) examines the development of African legislatures from their colonial origins through independence, autocracy and the transition to multi-party rule. In it, Ken Ochieng’ Opalo seeks to explain the different trajectories that African legislatures have taken, why some have become stronger than others, and what are the conditions that allow for democratic institutions to emerge from an autocratic system. The book combines a broad historical analysis of legislatures throughout Africa with the comparative case studies of Kenya and Zambia. It employs both quantitative and qualitative data to support the argument that despite the limitations imposed by autocratic rulers, the seeds for the development of strong legislatures can be planted during periods of non-democratic rule. The author presents a dynamic and well-argued model for the study of legislatures in post-colonial states, and argues for a more nuanced and historically-grounded analysis of institutional development in Africa and beyond. Esperanza Brizuela-Garcia is Associate Professor of History at Montclair State University. She specializes in modern intellectual history of Africa, historiography, World history and Philosophy of History. She is the co-author of African Histories: New Sources and New Techniques for Studying African Pasts (Pearson, 2011). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Staged: Show Trials, Political Theater, and the Aesthetics of Judgment (Columbia University Press, 2020), Minou Arjomand provides a startling account of the many intersections between theatre and trials in Germany and the United States from the 1930s to the 1960s. Through case studies of Hannah Arendt, Bertolt Brecht, and Edwin Piscator, Arjomand explores the use of trials as a theatrical form, as well as what theatre theory might tell us about political justice. In doing so, Arjomand demonstrates that calling a trail theatrical is not a criticism but merely a starting point. In considering what type of justice is possible in a trial, we must ask what theatrical conventions are being used, and to what ends. Arjomand’s book both allows us to see pivotal theatrical artists in a new light and poses profound questions about the nature of theatre itself. Andy Boyd is a playwright based in Brooklyn, New York. He is a graduate of the playwriting MFA program at Columbia University, Harvard University, and the Arizona School for the Arts. His plays have been produced, developed, or presented at IRT, Pipeline Theatre Company, The Gingold Group, Dixon Place, Roundabout Theatre, Epic Theatre Company, Out Loud Theatre, Naked Theatre Company, Contemporary Theatre of Rhode Island, and The Trunk Space. He is currently working on a series of 50 plays about the 50 U.S. states. His website is AndyJBoyd.com, and he can be reached at andyjamesboyd@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Recent calls for the defunding or abolition of police raise important questions about the legitimacy of state violence and the functions that police are supposed to serve. Criticism of the militarization of police, concerns about the rise of the private security industry, and the long-standing belief that policing should be controlled by municipal governments suggest that police should be civilians who defend the public interest, and that they should be accountable to the communities that they serve. In Violence Work: State Violence and the Limits of Police (Duke University Press, 2018), Micol Seigel exposes the mythical nature of the civilian/military, public/private, and local/national/international boundaries that supposedly delimit the legitimate sphere of policing in a liberal democratic society. Focusing on the employees of the Office of Public Safety, a branch of the State Department that provided technical assistance to police forces in developing countries from 1962 until it was closed amid controversy over its role in aiding despotic governments in 1974, Seigel follows their careers as these violence workers put their knowledge of counter-insurgency to use in US police forces, pursued opportunities working for private security firms protecting the oil industry in places like Alaska and Saudi Arabia, and worked alongside military officers in aid missions to Cold War hotspots in the Global South. As she follows the careers of the policemen, she demonstrates that civilian policing has been militarized from the beginning, that capitalist production relies on state violence to discipline workers and dispossess groups who stand in the way of resource extraction, and that violence workers are rarely accountable to the people they supposedly serve. Violence Work is critical reading for anyone who is interested in rethinking the functions that police should perform in a democratic society. It also weakens the legitimacy of state-sanctioned violence by calling commonly-held ideological distinctions into question. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Paige Glotzer is the author of How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960, published by Columbia University Press in 2020. How the Suburbs Were Segregated examines the history surrounding how modern housing segregation was purposefully planned out beginning at the turn of the 20th Century. Looking at the intersection of transnational finance, suburban developers, and local, regional, and federal policymaking, Glotzer illustrates the myriad of people and institutions involved in simultaneously creating the idea of the modern suburb and racializing housing. Paige Glotzer is an Assistant Professor of history and John W. and Jeanne M. Rowe Chair in the History of American Politics, Institutions, and Political Economy at the University of Wisconsin-Madison. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Borderline Citizens: The United States, Puerto Rico, and the Politics of Colonial Migration (Cornell University Press 2018), Robert C. McGreevey explores the contested meaning and limits of citizenship for Puerto Ricans from the late nineteenth century to the late 1930s. This timely monograph brings together legal, cultural, and labour history to understand the complicated ways that Puerto Ricans on the island and on the US mainland challenged racialized notions of fitness for citizenship. The narrative that results from such an approach presents US power as a dynamic, contested, and transnational. This monograph suggests the deep historical resonances between the early history of US formal control of the island and the contemporary second-class status of Puerto Rico in the aftermath of Hurricane Maria. McGreevey’s monograph will interest scholars of the United States in the world, legal historians, historians of Latin America, and historians of migration. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at steven.p.rodriguez@vanderbilt.edu and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We are all familiar with the story of how in early 1919 heads of state and diplomats from around the world came to Paris to negotiate a peace settlement with a defeated Germany and its allies. Many of us are aware of how nationalists such as Nguyễn Ái Quốc, the future Hồ Chí Minh, tried to gain access to the official meetings. But far fewer of us know of the roles played of activist women such as the French Marguerite de Witt Schlumberger, the African American Ida Gibbs Hunt, and the Chinese Soumay Tcheng. In her new book Peace on Our Terms: The Global Battle for Women’s Rights After the First World (Columbia University Press, 2020), Professor Mona L. Siegel explores the previously neglected history of a diverse group of women from around the world who fought for women’s rights as male politicians forged a new world order. Written like a true global history, Peace on Our Terms links the meeting rooms of Paris to street demonstrations in Cairo to the revolutionary underworld of Shanghai. Not only does Siegel gender the history of 1919, but she also offers a serious critique of traditional narratives of the American women’s movement by bringing in issues of race and class. Based on her research in archives in several countries on both sides of the Atlantic, Siegel explores troves of previously untouched documents. This is a scholarly work written in a style accessible for a general audience. Mona L. Siegel of Sacramento State University earned her PhD at the University of Wisconsin, Madison. In 2004, she published The Moral Disarmament of France: Education, Pacifism, and Patriotism, 1914-1940 with Cambridge University Press. In addition to awards from the Peace History Society and the History of Education Society, Siegel received grants from the National Endowment for the Humanities for research on feminist activism and peace negotiations after World War One. Michael G. Vann is a professor of world history at California State University, Sacramento. A specialist in imperialism and the Cold War in Southeast Asia, he is the author of The Great Hanoi Rat Hunt: Empires, Disease, and Modernity in French Colonial Vietnam (Oxford, 2018). When he’s not quietly reading or happily talking about new books with smart people, Mike can be found surfing in Santa Cruz, California. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Robert Nichols, an associate professor of political theory at the University of Minnesota, has written an engaging and important examination of the clash between the western theoretical approaches to the idea of property and possession and the understanding of land property and possession held by indigenous peoples in a variety of societies settled by Anglophone colonizers. Theft Is Property!: Dispossession and Critical Theory (Duke University Press, 2019) pulls together or bridges intellectual traditions, bringing indigenous political thought into conversation with critical theory and Anglo social contract theory, centering on the different understandings of property, ownership, and possession. Nichols weaves together a variety of different ways of thinking about the questions of property and possession, examining the language that is applied to the concept of property and how this also defines our understanding of possession and dispossession as well as the dichotomous ideas of property and theft. He also traces the early modern concepts of property and contract and the contemporary legal arguments that have been made to claim land and property from indigenous peoples. Folded into these discussions is a richly delineated argument that lays out the tension inherent in the idea of property, and how this idea was transformed within the context of the European intellectual tradition, and how critical theory subsequently problematized property and possession. Theft is Property! explores the idea of recursive dispossession, which Nichols explains as the situation where “new proprietary relations are generated but under structural conditions that demand their simultaneous negation.” The exploration of this concept—through critical race theory, Marxism, and feminist theory—takes the reader on a journey focusing on the longstanding claims made by indigenous peoples in Australia, New Zealand, Canada, and the United States, and the counteractions and arguments made by Anglo-settler societies, which have generally left indigenous communities essentially dispossessed of both land and rights. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The idea of voting is simple, but the administration of elections in ways that ensure access and integrity is complex. In How We Vote: Innovation in American Elections (Georgetown University Press, 2020), Kathleen Hale and Mitchell Brown explore how election officials work, how ballots are cast and counted, and how jurisdictions try to innovate while also protecting the security of the voting process. Using original data gathered from state and local election officials and policymakers across the United States, Hale and Brown analyze innovations in voter registration, voting options, voter convenience, support for voting in languages other than English, the integrity of the voting process, and voting system technology. The result is a fascinating picture of how we vote now and will vote in the future. Join us to hear them talk about the book and its implications for the 2020 election. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Beyond Repair? Mayan Women’s Protagonism in the Aftermath of Genocidal Harm (Rutgers University Press, 2019), Alison D. Crosby and M. Brinton Lykes draw on eight years of feminist participatory action research conducted with fifty-four Q’eqchi’, Kaqchikel, Chuj, and Mam women to explore Mayan women’s agency in their search for truth, justice, and reparation for harm suffered during the genocidal violence perpetrated by the Guatemalan state at the height of the thirty-six-year armed conflict. The book discusses the complexities of navigating, negotiating, and interpreting informal and formal justice processes, as participated in and experienced by protagonists, women’s rights activists, lawyers, psychologists, Mayan rights activists, and researchers who have accompanied them as intermediaries. Jeff Bachman is a senior lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of the United States and Genocide: (Re)Defining the relationship and editor of the volume cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Although much has been written about the anti-abortion movement in the United States, Jennifer Holland (Assistant Professor of U.S. History, University of Oklahoma) has written the first monograph-length history of the pro-life campaign for American hearts and minds. In her book Tiny You: A Western History of the Anti-Abortion Movement (University of California Press, 2020), Holland explores the development of the movement from the legalization of Roe v. Wade in 1973 to the present with a focus on its cultural, social, political, and religious dynamics particularly in the American West, based in part on 28 oral histories collected from its activists and leaders. In this interview, we discuss the evolution of the movement’s rhetoric and tactics, including the manipulation of histories of oppression including slavery and the Holocaust to further anti-abortion campaigns, the cooption of concepts like morality and ethics, the uses of fetal imagery in protests and promotional materials, the achievement of legislative successes including the limitations placed on abortion access since the Bush years, and the personal as political (and vice versa). Ultimately, Holland argues that anti-abortion activists have won the American culture war, and now likely stand poised for ultimate victory in the coming years. Diana Dukhanova is a Visiting Assistant Professor of Slavic Studies at Brown University in Providence, RI. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Political Scientist Daniel Q. Gillion’s new book, The Loud Minority: Why Protests Matter in American Democracy (Princeton University Press, 2020) is an incredibly topical and important analysis of the connection between protests and the influence this public activism has on the voting electorate. Tracing the idea of the “silent majority” from Richard Nixon’s characterization of his supporters in the 1960s through to contemporary uses of the term in the 2016 campaign by then-candidate Donald Trump, Gillion examines the construction of this binary framework, that there is a silent majority at home and a vocal minority in the streets, making noise; he also argues that the idea of the silent majority might not apply in our current polarized political world. The Loud Minority brings together a variety of disciplinary perspectives to examine protests—weaving together research and analysis from sociology, history, and political science to more fully understand the protests themselves, but to also get at the impacts that protests have, on politicians and elected officials, on donations to campaigns and candidates, on voting behavior, and on policy implementation and shifts in policy directions. Gillion finds that voters are influenced by protests and activism, especially when it happens in close proximity to them. In a way that may be more useful than other information streams, protests provide the electorate with a kind of shorthand that they can then use to connect policy and political actors. Because of the acute partisan polarization within the American political system, protests fit into ideological bends, as Gillion notes in the interview, the protests themselves are linked to one another through the emphasis or policy thrust of the individual protest and the overarching umbrella under which it may be classified. This linkage then becomes a broader scope for voters to use to assess the records of candidates and elected officials on specific concerns. Gillion is exploring the question, throughout the book, of whether protests work and if so, how do they work? The Loud Minority: Why Protests Matter in American Democracy also explains that the answer to the question is not a simple one, necessarily, that the outcome of the protest may not be singular or even initially assessible. This research helps us to understand the potential impact of the many protests we are seeing all around us in the United States (and beyond), while guiding us through the myriad ways that protests act—they are not simple the hours of marching or demonstrating, but the ripples and ramifications of those marches, as the electorate observes and responds, by donating, by voting, by becoming involved in the community, by joining in subsequent protests. Protests are, according to Gillion, “the canaries in the coal mines that warn of future political and electoral change.” Understanding the connection between protests and their influence on the electorate helps us to better understand democracy. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Are we asleep at the (common)wheel? Civil rights attorney and law professor Gilda R. Daniels insists that contemporary voter ID laws, voter deception, voter purges, and disenfranchisement of felons constitute a crisis of democracy – one that should remind us of past poll taxes, grandfather clauses, literacy tests, and physical intimidation – that should spur us to action. Uncounted combines law, history, oral history, and democratic theory to illuminate a 21st century, premediated legal strategy to disenfranchise voters of color. In Uncounted: The Crisis of Voter Suppression (NYU Press, 2020), Daniels establishes the context of 21st-century voter suppression then focuses on the importance of the Voting Rights Act in discouraging voter suppression – and the negative impact of the Supreme Court’s decision in Shelby County v. Holder (2013). She elucidates the types – and impacts – of voter deception with attention to possible impacts on the presidential election in 2020. Throughout the work, she connects past and present to demonstrate the radical impact of voter suppression on voting and this is particularly apparent in the chapters on voter purging and felon disenfranchisement. The podcast includes a fascinating discussion of the impact of COVID-19 on voter suppression – particularly regarding absentee voting. Daniels complements her nuanced analysis of the cycles of voter suppression in America with concrete steps for combatting it urging people to educate, legislate, litigate, and participate. This timely book offers an analysis that is both deep and highly accessible. It is simultaneously a work of scholarship and a practical call to action. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Criminal responsibility is a key-organizing concept of the criminal law, but Arlie Loughnan argues that it needs re-examination. Focusing on the Australian experience, Self, Others and the State: Relations of Criminal Responsibility (Cambridge University Press, 2020) questions assumptions about the rise and prominence of criminal responsibility from the late colonial period until recent times. The focus on significant events since the turn of the twentieth century draws out the complexity of criminal responsibility and how its assumed neutrality obscures dynamics of subjectivity, rationality and power in the criminal system. This book will be of interest to a broad range of scholars. Anyone interested in legal philosophy, Australian history, criminal law and also discrimination will find this book invaluable. Self, Others and State will make you question what you know about the law and reveal your own assumptions about its doctrines and principles. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Weimar Republic is well-known for its gay rights movement and recent scholarship has demonstrated some of its contradictory elements. In his recent book entitled The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic (University of Toronto Press, 2020), Javier Semper Vendrell writes the first study to focus on the League for Human Rights and its leader, Friedrich Radszuweit. It uses his position at the center of the Weimar-era gay rights movement to tease out the diverging political strategies and contradictory tactics that distinguished the movement. By examining news articles and opinion pieces, as well as literary texts and photographs in the League’s numerous pulp magazines for homosexuals, Vendrell reconstructs forgotten aspects of the history of same-sex desire and subjectivity. While recognizing the possibilities of liberal rights for sexual freedom during the Weimar Republic, the League’s "respectability politics" failed in part because Radszuweit’s own publications contributed to the idea that homosexual men were considered a threat to youth, doing little to change the views of the many people who believed in homosexual seduction – a homophobic trope that endured well into the twentieth century. Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. It was recently awarded the Waterloo Centre for German Studies Book Prize for 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On this episode of the New Books Network, Lee Pierce (s/t interviews Shiu-Yin Sharon Yam of University of Kentucky on the new book, Inconvenient Strangers: Transnational Subjects and the Politics of Citizenship (Ohio State University Press, 2019), which explores how intersecting networks of power—particularly race and ethnicity, gender, and social class—marginalize transnational subjects who find themselves outside a dominant citizenship that privileges familiarity and socioeconomic and racial superiority. In this study of how neoliberal ideas limit citizenship for marginalized populations in Hong Kong, Shui-yin Sharon Yam examines how three transnational groups—mainland Chinese maternal tourists, Southeast Asian migrant domestic workers, and South Asian permanent residents—engage with the existing citizenry and gain recognition through circulating personal narratives. Coupling transnational feminist studies with research on emotions, Yam analyzes court cases, interviews, social media discourse, and the personal narratives of Hong Kong’s marginalized groups to develop the concept of deliberative empathy—critical empathy that prompts an audience to consider the structural sources of another’s suffering while deliberating one’s own complicity in it. Yam argues that storytelling and familial narratives can promote deliberative empathy among the audience as both a political and ethical response—carrying the affective power to jolt the dominant citizenry out of their usual xenophobic attitudes and ultimately prompt them to critically consider the human conditions they share with the marginalized and move them toward more ethical coalitions. I hope you enjoy listening as much as I enjoyed chatting with Sharon about this fascinating book. Connect with me on Twitter, Instagram, and Facebook for interview previews, the best book selfies, and new episode alerts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is the connection between the movement for death penalty abolition and the anti-slavery movement? In Slavery and the Death Penalty: A Study in Abolition (Routledge, 2018), Bharat Malkani, Senior Lecturer in Law at Cardiff University, explores this question. Beginning with an acknowledgment that the death penalty in the United States of America has long been shaped by the country’s history of slavery and racial violence, Malkani considers the relationships between the two abolitionist movements. He explains how historical and conceptual links between slavery and capital punishment have both helped and hindered efforts to end capital punishment. Using the history of slavery and abolition, Malkani argues that anti-death penalty efforts should be premised on the ideologies of the radical slavery abolitionists, offering lessons for how death penalty abolitionism should proceed in future. Antonia Layard is a professor in Law at the University of Bristol Law School Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Brian Greene is a Professor of Mathematics and Physics at Columbia University in the City of New York, where he is the Director of the Institute for Strings, Cosmology, and Astroparticle Physics, and co-founder and chair of the World Science Festival. He is well known for his TV mini-series about string theory and the nature of reality, including the Elegant Universe, which tied in with his best-selling 2000 book of the same name. In this episode, we talk about his latest popular book Until the End of Time: Mind, Matter, and Our Search for Meaning in an Evolving Universe (Random House, 2020) Until the End of Time gives the reader a theory of everything, both in the sense of a “state of the academic union”, covering cosmology and evolution, consciousness and computation, and art and religion, and in the sense of showing us a way to apprehend the often existentially challenging subject matter. Greene uses evocative autobiographical vignettes in the book to personalize his famously lucid and accessible explanations, and we discuss these episodes further in the interview. Greene also reiterates his arguments for embedding a form of spiritual reverie within the multiple naturalistic descriptions of reality that different areas of human knowledge have so far produced. John Weston is a University Teacher of English in the Language Centre at Aalto University, Finland. His research focuses on academic communication. He can be reached at john.weston@aalto.fi and @johnwphd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When we think of democracy, we typically think of voting; and when we think of voting, we ordinarily have elections and campaigns in minds. In this intuitive sense, voting is a matter of casting a ballot. After Election Day, votes are counted, and, typically, the majority rules. But things really aren’t so simple. For one thing, citizens bring differing levels of information and ignorance into the voting booth. What’s more, famous mathematical analyses cast doubt on the very idea of a majority will. Given this, what are we to make of democracy? In Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), Ilya Somin defends the idea that foot voting is an essential element of political freedom and democratic governance. Foot voting is the capacity of individuals to move to the jurisdiction or nation whose government most suits their preferences, or to select their favoured providers of various services. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Statelessness and Contemporary Enslavement (Routledge, 2020) bridges current policy debates around citizenship, states, and nations, and theoretical analysis of issues of belonging, consent, and freedom. Jane A. Gordon, Director of Graduate Studies and Associate Professor of Political Science at the University of Connecticut, weaves together the complexities of statelessness, emphasizing that those who are often stateless are so within the nation in which they live, and contemporary enslavement, which is often connected to and the result of labor exploitation and neoliberal economic shifts. These two frameworks of vulnerability are also woven together through changes in western approaches to political and economic policies, the results of which have led to more pronounced precarity and inequality. Gordon’s analysis digs into the concept of exclusion, and through this lens, she is able to consider these parallel but distinct positions in which individuals find themselves. For the stateless, the issue is often that a nation has changed or shifted policies that then create stateless individuals of those who had been citizens. Refugees and immigrants are also part of this analysis, but Gordon highlights the particular difficulty of those who experience a change in their status within their home country, thus leaving them stateless and vulnerable to exploitation. Contemporary enslavement, which follows and mirrors the global political economy, is coupled with statelessness in Gordon’s analysis because these same forces that create statelessness also provide opportunities to exploit equally vulnerable individuals, often entrapping and enslaving them for their labor. Statelessness and Contemporary Enslavement explores the intersectionality of those most often found to be enslaved or stateless: women, and racial and ethnic minorities. This book helps to guide the reader through political theory and political economy to understand the current situations and to unpack the policy changes—both public and private—in the global north and west that gave rise to these conditions. The analysis of both statelessness and enslavement compels us to consider the concept of consent—a fraught idea which is itself controversial in so many contemporary conversations—which should be the foundation of our thinking of constructive alternatives, especially institutions of political belonging. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In Presumed Criminal: Black Youth and the Justice System in Postwar New York (NYU Press, 2019), Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely. The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely controlling crime, and black teens bore the brunt of the transition. In New York City, increased state surveillance of predominantly black communities compounded arrest rates during the post–World War II period, providing justification for tough-on-crime policies. Questionable police practices, like stop-and-frisk, combined with media sensationalism, cemented the belief that black youth were the primary cause for concern. Even before the War on Crime, the stakes were clear: race would continue to be the crucial determinant in American notions of crime and delinquency, and black youths condemned with a stigma of criminality would continue to confront the overwhelming power of the state. Adam McNeil is a PhD Student in History at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The areas of the Law and psychoanalysis overlap in interesting and compelling fashion in the new book, Psychoanalysis, Law, and Society (Routledge, 2019) edited by Adrienne Harris and Plinio Montagna. The book is far reaching and covers where the law and psychoanalysis intersect in diverse areas such as family dynamics, feminism, philosophy and the environment. The authors included here are international experts with experience with the law and the consulting room. In this interview I was able to speak with several of them, Harris, Montagna, Laura Orsi and Elizabeth Allured, and we engaged in a lively discussion that also addresses the current Covid-19 crisis. This is a relevant book that will help therapists to incorporate legal ideas and philosophy into their everyday clinical practice. You can reach Christopher Bandini at @cebandini. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When Britain went to war in 1914, policemen throughout Great Britain found themselves called upon to perform an ever-increasing range of new tasks that reflected the expanded power of the British state in wartime. In Policing the Home Front, 1914-1918: The Control of the British Population at War (Routledge, 2018), Mary Fraser details the challenges these officers faced and how they worked to carry out their increased responsibilities in straitened circumstances. As Fraser notes, the war imposed new burdens upon the police from the start, as many men quit their posts in order to enlist in the armed forces. To compensate for their absence, auxiliaries were enlisted and women found themselves employed in policing for the first time. These officers were needed as the police were expected to perform a number of new duties, from the administration of wartime separation allowances to dealing with the expanded problems of prostitution, alcohol regulation and youth crime, many of which reflected an expectation by the government that the police could fill much of the void created by the absence of so many men who were serving at the front. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Yaacov Yadgar discusses his new book, Israel’s Jewish Identity Crisis: State and Politics in the Middle East (Cambridge University Press, 2020) with Peter Bergamin. An important and topical contribution to the field of Middle East studies, this innovative, provocative, and timely study tackles head-on the main assumptions of the foundation of Israel as a Jewish state. Theoretically sophisticated and empirically rich, Yaacov Yadgar provides a novel analysis of the interplay between Israeli nationalism and Jewish tradition, arriving at a fresh understanding of the Israeli-Palestinian conflict through its focus on internal questions about Israeli identity. By critiquing and transcending the current discourse on religion and politics in Israel, this study brings to an international audience debates within Israel that have been previously inaccessible to non-Hebrew speaking academics. Featuring discussions on Israeli jurisprudence, nation-state law, and rabbinic courts, Israel's Jewish Identity Crisis will have far-reaching implications, not only within the state of Israel but on politics, society and culture beyond its borders. Yaacov Yadgar is the Stanley Lewis Professor of Israel Studies at the University of Oxford. He has written extensively on matters of Jewish identity, nationalism, secularism, modernity and tradition in Israel. He is the author of Sovereign Jews: Israel, Zionism, and Judaism (2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Adam M. Sowards is professor of history at the University of Idaho and a leading environmental historian. His new book, An Open Pit Visible from the Moon: The Wilderness Act and the Fight to Protect Miners Ridge and the Public Interest (University of Oklahoma Press, 2020), builds on his recent biography of Supreme Court Justice William O. Douglas to describe what happened when a major copper corporation set out its plans to establish a massive mine in Washington state. With the Wilderness Act (1964) unable to protect this area of outstanding beauty, conservationists set out to apply moral rather than legal strategies of resistance. This excellent new book shows how ordinary citizens banded together to achieve what the law could not – and how market forces ultimately worked to save Miners Ridge. Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of John Owen and English Puritanism (Oxford University Press, 2016). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis (Stanford University Press, 2020), Toshihiro Higuchi presents a history of the 1963 Partial Test Ban Treaty, by which the then-nuclear powers, US, USSR, and UK, agreed to cease, among other things, the atmospheric testing of nuclear weapons, largely moving such tests underground (the Chinese and French continued atmospheric tests in subsequent decades). Higuchi examines the development of knowledge about nuclear fallout, the dissemination and often suppression (mostly by governments of the nuclear powers) of that knowledge during the eighteen years book-ended by the 1945 Trinity Test and the signing of the 1963 Treaty. Political Fallout also considers the legacy of the Partial Test Ban Treaty, which reduced fallout but was followed by an accelerated arms race and buildup of nuclear arsenals. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today’s right wing media has a long history that is largely unknown to its current listeners. In The Radio Right: How a Band of Broadcasters Took on the Federal Government and Built the Modern Conservative Movement (Oxford University Press, 2020), Paul Matzko details its emergence in the 1950s and the response to its rise by some of the leading political and religious institutions of the era. As Matzko explains, the origins of postwar conservative media lay in the broader changes taking place in broadcasting in 1950s. As the major networks shifted their focus from radio to television, local radio stations were eager to find programmers willing to pay to put programs on the air. This gave conservative religious broadcasters such as Carl McIntire and Billy James Hargis an opportunity to spread their message to a nationwide audience. Fearing the growing influence of commentators organizing against their policies, the Kennedy administration sought to use such means as the previously underdeveloped Fairness Doctrine to constrain it. Working in conjunction with the National Council of Churches, they placed growing pressure on the broadcasters – particularly the acerbic McIntire – in an ultimately successful effort to undermine their nationwide stature. Yet while McIntire’s radio ministry was gone by the early 1970s, his example was followed a decade later by others who took advantage of broadcast deregulation in the late 1970s and 1980s to launch the modern era of conservative broadcasting. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina. Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, Brandon K. Winford's John Hervey Wheeler, Black Banking, and the Economic Struggle for Civil Rights (University Press of Kentucky, 2019) explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from Morehouse College, Wheeler returned to Durham and began a decades-long career at Mechanics and Farmers (M&F) Bank. He started as a teller and rose to become bank president in 1952. In 1961, President Kennedy appointed Wheeler to the President's Committee on Equal Employment Opportunity, a position in which he championed equal rights for African Americans and worked with Vice President Johnson to draft civil rights legislation. One of the first blacks to attain a high position in the state's Democratic Party, Wheeler became the state party's treasurer in 1968, and then its financial director. Wheeler urged North Carolina's white financial advisors to steer the region toward the end of Jim Crow segregation for economic reasons. Straddling the line between confrontation and negotiation, Wheeler pushed for increased economic opportunity for African Americans while reminding the white South that its future was linked to the plight of black southerners. Today I talked to Brandon K. Winford Dr. Brandon K. Winford is an assistant professor of history at the University of Tennessee. He is a historian of the late-nineteenth and twentieth-century United States and African American history with areas of specialization in civil rights and black business history. Adam McNeil is a PhD Student in colonial and revolutionary-era Black women’s history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In One Mighty and Irresistible Tide: The Epic Struggle Over American Immigration, 1924–1965 (W. W. Norton & Company, 2020), Jia Lynn Yang recounts the personalities and debates that brought about the 1965 Immigration and Nationality Act, which forms the foundation for modern U.S. immigration policy. Undoing the xenophobic national origins quotas enshrined in the 1924 Immigration Act required an epic, forty-year struggle against nativist concerns about the economy and national security, as well as racist and anti-Semitic impulses that continue to plague American society today. Drawing on key scholarly monographs as well as her own research in archives like the LBJ Presidential Library and the Library of Congress, Yang’s narrative is full of larger-than-life characters. Some, like Lyndon B. Johnson and John F. Kennedy, will be familiar with readers. Others, like Congressman Emmanuel Celler of New York and Japanese American Citizens League national secretary Mike Masaoka, are well-known but less well understood. By following their negotiations through the halls of Congress and the White House, Yang captures the contingency that shows how difficult and improbable immigration reform was to achieve. Yang concludes by issuing a call for immigrants and their descendants to “articulate a new vision for the current era, one that embraces rather than elides how far America has drifted from its European roots.”. Jia Lynn Yang is the deputy national editor at The New York Times. Ian Shin is assistant professor of History and American Culture at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What do you think about these days when you hear the words, “Supreme Court?” Salacious news coverage of the confirmation hearings of Brett Kavanaugh? Gushing profiles of feminist icon Ruth Bader Ginsburg? High school and vaguely recalled lectures about cases the details of which you dutifully read (or didn’t and flunked the test on) like McCulloch v. Maryland or Marbury v. Madison? Or, in this age on the Coronavirus and the sudden need to determine as a citizen what the respective powers of governors and presidents are in times of crisis, are you suddenly aware that a grasp of seemingly arcane terms like “enumerated powers” is imperative for each and every one of us and not just constitutional scholars? Are you suddenly out of a job and thinking now of attending law school and are not sure you could master the material? Have you suddenly found yourself homeschooling a bright late adolescent in need of a text and an associated online resource about the key legal cases that have determined our destiny as a nation and affect virtually every aspect of our individual lives? Do you simply want a solid but approachable book that provides vignettes of crucial moments of American legal, social and political history? Want to know under what pretexts a local government can seize your house? Have I got the book and online study guide for you: An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know (Wolter Kluwer, 2019) by Josh Blackman and Randy E. Barnett—published in 2019. Randy Barnett is one of the leading constitutional scholars of our time. He and his co-author Blackman have boiled down to a handy hundred what they believe are the cases that most matter—some of which are notorious (or what they term, “anti-canonical”). Let’s see if you agree with their picks. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Consider a couple with an infant (or two) whose lives have become so harried and difficult the marriage is falling apart. Would it be ethical for them to take oxytocin to help them renew their emotional bonds, or would this be an unethical evasion of the hard work that keeping a marriage going requires? What if someone has sexual desires that they consider immoral – should they be able to take a drug to suppress those desires, or alternatively can society force them to? Debates about the ethics of using drugs for enhancement rather than treatment usually focus on the individual, such as doping in sports. In Love Drugs: The Chemical Future of Relationships (Stanford University Press, 2020), Brian Earp and Julian Savulescu consider the case for using drugs to alter our love relationships. Earp, who is Associate Director of the Yale-Hastings Program in Ethics and and Health Policy at Yale University, and Savulescu, the Uehiro Chair in Practical Ethics at the University of Oxford, note that drugs that alter sexual desire and attachment are already available, although are restricted or illegal. What is needed, they argue, is more research into the interpersonal effects of drugs, and more discussion of the ethics of their use for non-medical purposes. Let’s turn to a fascinating interview on a complex topic with no easy answers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sonali Chakravarti, Associate Professor of Political Science at Wesleyan University, has written a thoughtful analysis of the role of the jury in American democracy, with specific attention to the way that the jury experience can provide the structure for more substantive civic engagement. Part of the impetus for this study comes out of the more recent controversial decisions made by juries in a variety of high-profile cases in the United States. The research also evolved out of Chakravarti’s earlier work on the South African Truth and Reconciliation Commission and how citizens were incorporated into the process of transitional justice and engagement in democratic spaces. In Radical Enfranchisement in the Jury Room and Public Life (University of Chicago Press, 2020), Chakravarti argues that the jury room is an important democratic space that is generally ignored as an opportunity to engage citizens in active participation in and with the law. Because we generally are not trained or taught about the actual process we will encounter as jurors, outside of popular culture renderings, we rarely enter into the process with knowledge about either the law itself, or the role that juries can play in their decisions, not only with regard to the case in front of them but also in regard to the legitimacy of the laws themselves. Chakravarti follows up on Alexis de Tocqueville’s praise of the American jury system, while pushing beyond Tocqueville’s admiration to suggest that the jurors themselves can be radically enfranchised as citizens on the jury. Jurors can be better prepared to serve and thus can more fully engage this democratic space if they had more education about the process itself and their capacities inside the jury room. Chakravarti charts both the history of the jury process in the United States, and the various ways that juries have changed how they operate and behave within the parameters of the legal system. This is a fascinating examination of an often obscured but important democratic space. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his book Fatal Love: Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic (Stanford University Press 2016), Victor Uribe-Urán compares the cases of Spain, and the late-colonial societies of Mexico and Colombia, in a historical moment characterized by corporate patriarchy and enlightened punishment. Focusing on crimes of spousal murders, Uribe-Urán asks intriguing questions: who were the men and women that committed these crimes, and what were their reasons for doing so? How did the law, both royal and ecclesiastical, responded to such murders? In which instances did the monarch decide to forgive or show leniency, and when did justice opt for harsher punishment? In answering these questions, Uribe-Urán challenges some traditional notions of how honor is supposed to work in Iberian societies. Also, he contributes to a growing scholarship that demonstrates that far from being secluded in their homes, women in colonial Spanish America had active public lives. This book is a fascinating read for those interested in Atlantic history, and also, for those who want to understand the long history of domestic and gender violence. As Uribe-Urán tells us by the end, domestic violence is the most widespread human right’s violations today; histories of this phenomenon, widespread and pervasive, are necessary for our contemporary quest for truly making domestic violence the serious crime that it really is. Lisette Varón-Carvajal is a PhD student at Rutgers University-New Brunswick. You can tweet her and suggest books at @LisetteVaron Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Hong Kong in 2019 was a city on fire. Anti-government protests, sparked by an ill-fated extradition bill sparked seven months of protest and civil unrest. Protestors clashed with police in the streets, in shopping malls, in residential buildings. Driven by Hong Kong’s young people with their ‘Be Water!’ strategy, the pro-democracy movement grew into a massive force, receiving support from all demographics – from the ‘silver-hairs’, to mothers, from healthcare workers, to journalists and bankers, the ongoing protests polarized the community and changed the urban city space, likely forever. In City on Fire: The Fight for Hong Kong (Scribe, 2020), Antony Dapiran builds on his previous work City of Protest. He explores the 2019 protest movement, how it has changed the city and what Hong Kong means for the world. Dapiran gets you as close to the action as you can be, without having to experience the direct effects of being tear-gassed. This is a must read for anyone interested Hong Kong, China, democracy and human rights. It is a lesson in policing, in protest, and the power of political mobilization. It is a page turner that is essential to understanding Hong Kong’s ‘revolution of our times.’ Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Punjab was the arena of one of the first major armed conflicts of post-colonial India. During its deadliest decade, as many as 250,000 people were killed. This book makes an urgent intervention in the history of the conflict, which to date has been characterized by a fixation on sensational violence—or ignored altogether. In her book Faith, Gender, and Activism in the Punjab Conflict: The Wheat Fields Still Whisper (Palgrave Macmillan, 2019), Mallika Kaur unearths the stories of three people who found themselves at the center of Punjab’s human rights movement: Baljit Kaur, who armed herself with a video camera to record essential evidence of the conflict; Justice Ajit Singh Bains, who became a beloved “people’s judge”; and Inderjit Singh Jaijee, who returned to Punjab to document abuses even as other elites were fleeing. Together, they are credited with saving countless lives. Braiding oral histories, personal snapshots, and primary documents recovered from at-risk archives, Kaur shows that when entire conflicts are marginalized, we miss essential stories: stories of faith, feminist action, and the power of citizen-activists. Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As British colonial rulers expanded their control in South Asia legal resolutions were increasingly shaped by the English classification of social life. The definitional divide that structured the role of law in most cases was the line between what was deemed religious versus secular. In Governing Islam: Law, Empire, and Secularism in Modern South Asia (Cambridge University Press, 2018), Julia Stephens, Assistant Professor in the Department of History at Rutgers University, examines how Islam and Muslims were regulated within legal domains that managed various spheres of life. British rule determined that religious laws were most effective in governing family affairs but secular laws would govern markets and transactions. What complicated this simple binary was that Islamic “personal law” was very often bound up with economic issues. In our conversation we discuss British notions of “secular governance,” marriage and women’s property, the role of custom in legal reasoning, rulings around ritual and challenges to conformity, the construction of “personal law,” the relationships between colonial judges and Muslim legal scholars, how colonial law contributed to women’s economic marginalization, the relationship between gender and Islamic law, tensions between Hindus and Muslims, and how South Asia’s past can help us think about the present. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Sexual States: Governance and the Struggle over the Antisodomy Law in India (Duke UP, 2016), Jyoti Puri tracks the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Since 2001 activists have attempted to rewrite Section 377 of the Indian Penal Code, which in addition to outlawing homosexual behavior is often used to prosecute a range of activities and groups that are considered perverse. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics and case law, visited various state institutions, and met with the police, Puri found that Section 377 is but one element of how homosexuality is regulated in India. Through a cleverly conceptualized multi-sited ethnography and rigorous historical analysis, Puri masterfully shows how the hypervisibility of Section 377 has consequences for the ways in which sexuality, and the regulation of sexuality, is imagined and reproduced in rationalities of governance.This statute works alongside the large and complex system of laws, practices, policies, and discourses intended to mitigate sexuality's threat to the social order while upholding the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented "sexual state," Puri provides a conceptual framework to understand the links between sexuality and the state more broadly. That it does so in the context of a postcolonial state like India makes the conceptual framework even more vibrant and provocative. This book is an invaluable contribution to the existing literature that delves into the paradoxes and possibilities of law, biopolitics, and state power and authority in everyday life. Sneha Annavarapu is a doctoral candidate in the Department of Sociology at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Never again!” This was the rallying cry, seemingly universal and unanimous, among liberal nation-states as they formed the United Nations (UN) in 1945 and later signed the UN Declaration on Human Rights and the Convention on the Prevention and Punishment of the Crime of Genocide in 1948. Emerging from the ashes of a global war that took some 60 million lives, and after witnessing the atrocities of Nazi Germany, a worldwide community appeared resolute in its commitment to not only condemn, but to also strive to prevent future “crimes against humanity.” In The Refugee Challenge in Post-Cold War America (Oxford University Press, 2017), María Cristina García evaluates how the end of the Cold War brought new and unanticipated challenges to upholding this commitment from 1989 to the present. Through nine case studies that examine the central actors, debates, policies, and conflicts that have shaped the U.S. response to humanitarian crises in the post-Cold War era, Dr. García explains the tensions that exist between different branches of government, the increasing importance of advocacy work by the humanitarian community, and the emergence of a deeply complicated asylum bureaucracy. Weighing the competing forces of fear and advocacy, García skillfully demonstrates the obsoleteness of the current definition of “refugee” in US statute. In its place, she argues for historically informed policies that address the realities of displacement in today’s world. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Beginning with Etan Patz's disappearance in Manhattan in 1979, a spate of high-profile cases of missing and murdered children stoked anxieties about the threats of child kidnapping and exploitation. Publicized through an emerging twenty-four-hour news cycle, these cases supplied evidence of what some commentators dubbed "a national epidemic" of child abductions committed by "strangers." In Stranger Danger: Family Values, Childhood, and the American Carceral State (Oxford University Press, 2020), Paul M. Renfro narrates how the bereaved parents of missing and slain children turned their grief into a mass movement and, alongside journalists and policymakers from both major political parties, propelled a moral panic. Leveraging larger cultural fears concerning familial and national decline, these child safety crusaders warned Americans of a supposedly widespread and worsening child kidnapping threat, erroneously claiming that as many as fifty thousand American children fell victim to stranger abductions annually. The actual figure was (and remains) between one hundred and three hundred, and kidnappings perpetrated by family members and acquaintances occur far more frequently. Yet such exaggerated statistics-and the emotionally resonant images and narratives deployed behind them-led to the creation of new legal and cultural instruments designed to keep children safe and to punish the "strangers" who ostensibly wished them harm. Ranging from extensive child fingerprinting drives to the milk carton campaign, from the AMBER Alerts that periodically rattle Americans' smart phones to the nation's sprawling system of sex offender registration, these instruments have widened the reach of the carceral state and intensified surveillance practices focused on children. Stranger Danger reveals the transformative power of this moral panic on American politics and culture, showing how ideas and images of endangered childhood helped build a more punitive American state. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Incivility in our public discourse is limiting our ability to get things done as a nation and preventing us from expressing ourselves in workplaces and classrooms for fear of offending those with real or imagined historical grievances or even merely strongly held views. If you agree with that, then Adam J. MacLeod’s book The Age of Selfies: Reasoning About Rights When the Stakes Are Personal (Rowman & Littlefield, 2020) is the book for you. Alternatively, if you think such fears are overblown and just a nefarious argument advanced by a self-serving elite to justify a return to establishment rule this is likewise the book for you. Why both audiences? Because this important volume is all about how to go about thinking and reasoning and the role morality plays in those processes. In his book, MacLeod argues that due to the decline in moral education young people he dubs “selfies” have entered academia and the workplace without moral cores and are so riven with narcissism and a sense of entitlement that they are unable to think of the common good and are quick to take umbrage at any sort of questioning of their own personal preferences. According to MacLeod, a return to a larger place for openly moral arguments will enrich American life and enhance governance. To MacLeod, the misguided view of past decades that morality should play no part in policy making and that strict neutrality should be observed in the public square has only resulted in an acrimony-generating impoverishment of ideas and options. He suggests that the legal and philosophical concept of natural law can heal the ailing body politic and help soften divisions--or at least clarify, in a civilized way, what is at stake. In short, he wants us to learn how to “disagree well.” Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Cars are among our most ubiquitous technologies; one could say that the cultural lore of the postwar United States is written in tire marks. But as much as they have been a vehicle for liberation and expression, historian Lee Vinsel argues that automobiles have been shaped by government regulation through and through. In Moving Violations: Automobiles, Experts, and Regulations in the United States (Johns Hopkins University Press, 2019), Vinsel combats the free market doctrine that auto regulation is fundamentally opposed to innovation. In part, he does this by historicizing the animus against regulation and the “innovation speak” that emerged in its wake. But the book itself makes a compelling argument for how the automobile has always been perceived by voluntary associations and governing bodies as a risk in need of taming. These shifting perceptions formed the basis for infrastructures that made the car into a more dependable, safer, and cleaner technology. Vinsel’s engaging narrative provides a model for studying technology and governance in the postwar U.S. in which policy instruments, built environments, and constructions of the human subject all share the road. Mikey McGovern is a PhD candidate in Princeton University’s Program in the History of Science. He is writing a dissertation on how people used discrimination statistics to argue about rights in 1970s America, and what this means for histories of bureaucracy, quantification, law, politics, and race. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Howard Friedman's new book Ultimate Price: The Value We Place on Life (University of California Press, 2020) should be required reading for anyone sitting down to watch the evening news. The Covid-19 crisis is, unfortunately, a new broad-based instance in the valuation of human life. And I do mean value: in terms of cash dollars. Ultimate Price covers the ways that companies, courts, nations, and individuals have come to put a price tag on individual existence. While the book was written prior to the current situation, it provides an excellent starting point to understand what we are observing as governments, companies, healthcare providers, and individuals make life-and-death decisions. Daniel Peris is Senior Vice President at Federated Investors in Pittsburgh. Trained as a historian of modern Russia, he is the author most recently of Getting Back to Business: Why Modern Portfolio Theory Fails Investors. You can follow him on Twitter @HistoryInvestor or at http://www.strategicdividendinvestor.com Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What happens when a court tries to become a “new” court? What happens to the many artifacts of its history—previous laws and jurisprudence, the building that it inhabits, the people who weave in and out of it? This is the question that grounds Alex Jeffrey’s new book, The Edge of Law: Legal Geographies of a War Crimes Court (Cambridge University Press, 2020), which explores the making of the Court of Bosnia and Herzegovina. Through extensive engagements with the different actors working in and around the Court, as well as with the Court itself, Jeffrey shows how the law is productive of many different edges, which are themselves both practical (in the sense that they reflect real-world conditions) and idealized (in the sense that they allow the law to take responsibility for some things but not others). By looking at the ways that a court that is imagined to be above the small concerns of the world that it inhabits must, in fact, encounter those small concerns, Jeffrey is able to shine light on the ways that courts, too, are socialized. Dino Kadich is a PhD student at the University of Cambridge. You can follow him on Twitter, @dinokadich. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The ubiquity of technology that collects massive volumes of all kinds of data lends itself to one overarching question: “What?” As in what is the purpose(s) of this collection? What are the benefits? And, what are the impacts? In his new book, Too Smart: How Digital Capitalism is Extracting Data, Controlling Our Lives, and Taking Over the World (MIT Press, 2020), Jathan Sadowski explores this question and those related in an investigation of the expansion of “smart” technologies – networked devices enabling automated data collection and use. In exploring the interests inherent in the design and deployment of smart technology, Sadowski, a Research Fellow in the Emerging Technologies Research Law at Monash University, investigates the political economy of digital capitalism, and the implications of continued reliance on and permeation of smart technology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Have you ever thought about how much energy goes into avoiding sexual violence? The work that goes into feeling safe goes largely unnoticed by the women doing it and by the wider world, and yet women and girls are the first to be blamed the inevitable times when it fails. We need to change the story on rape prevention and ‘well-meaning’ safety advice, because this makes it harder for women and girls to speak out, and hides the amount of work they are already doing trying to decipher ‘the right amount of panic’. With real-life accounts of women’s experiences, and based on the author’s original research on the impact of sexual harassment in public, this book challenges victim-blaming and highlights the need to show women as capable, powerful and skillful in their everyday resistance to harassment and sexual violence. In this interview, Dr. Fiona Vera-Gray and I discuss the fear of crime paradox, factors that contribute to fear of crime, the concept of safety work, and how we can move forward in combating sexual harassment and violence against women. I recommend this book for anyone interested in gender, victimology, women’s practices of safety work and experiences with sexual harassment and sexual violence. I thoroughly enjoyed our conversation about such important work. Dr. Fiona Vera-Gray, author of The Right Amount of Panic: How Women Trade Freedom for Safety (Polity Press, 2018). Dr. Vera-Gray is a researcher based at Durham University working on violence against women and girls. She has over a decade of frontline experience in sexual violence and has written widely on the topics of sexual violence, sexual harassment, women’s safety work, and sexual violence prevention. You can find her on Twitter at @VeraGrayF. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Slavery and the University: Histories and Legacies (University of Georgia Press, 2019), edited by Leslie M. Harris, James T. Campbell, and Alfred L. Brophy, is the first edited collection of scholarly essays devoted solely to the histories and legacies of this subject on North American campuses and in their Atlantic contexts. Gathering together contributions from scholars, activists, and administrators, the volume combines two broad bodies of work: (1) historically based interdisciplinary research on the presence of slavery at higher education institutions in terms of the development of proslavery and antislavery thought and the use of slave labor; and (2) analysis on the ways in which the legacies of slavery in institutions of higher education continued in the post–Civil War era to the present day. The collection features broadly themed essays on issues of religion, economy, and the regional slave trade of the Caribbean. It also includes case studies of slavery’s influence on specific institutions, such as Princeton University, Harvard University, Oberlin College, Emory University, and the University of Alabama. Though the roots of Slavery and the University stem from a 2011 conference at Emory University, the collection extends outward to incorporate recent findings. As such, it offers a roadmap to one of the most exciting developments in the field of U.S. slavery studies and to ways of thinking about racial diversity in the history and current practices of higher education. Today I spoke with Leslie Harris about the book. Dr. Harris is a professor of history at Northwestern University. She is the coeditor, with Ira Berlin, of Slavery in New York and the coeditor, with Daina Ramey Berry, of Slavery and Freedom in Savannah (Georgia). Adam McNeil is a History PhD student at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"Man is born free, and everywhere he is in chains." The opening sentence of 18th century philosopher Jean-Jacques Roussau's The Social Contract poses a central question for all of us. Why do we live under conditions of inequality, violence, dependency and general unhappiness (just look on twitter!) if society is made by us and for us? Why does it seem that modern human beings are not liberated but in fact subjugate themselves voluntarily to a system that robs them off their freedom? Rousseau's thought has informed much of modern political theory and philosophy and inspired people everywhere to think about the balance between individual liberty and collective existence. In order to understand better the lasting influence of Rousseau and his current significance, I spoke with Melissa Schwartzberg, who is Silver Professor of Politics at New York University and a specialist in political theory. Melissa's research is in the historical origins and normative logic of democratic institutions. This means she examines the principles underlying democracies and also the way democratic practices, from constitutions to elections, work out today. Professor Schwartzberg is the author of several books: Counting the Many: The Origins and Limits of Supermajority Rule, and Democracy and Change (Cambridge University Press, 2013). Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It" Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We live in an interconnected world. People, goods, and services leap across borders like never before. Terrorist organizations, like al-Qaida, and digital platforms, like Facebook, have gone global. But, if problems straddle different national jurisdictions, how do regulation and enforcement even happen? Of Privacy and Power: The Transatlantic Struggle over Freedom and Security (Princeton University Press, 2019) is a timely and wise analysis of globalization and how it has fundamentally transformed governance. Digging into transatlantic relations, Abraham Newman and Henry Farrell show how American and European businesses, activists and policymakers have fought over and decided security and data policy. The book is also a call to action for their fellow IR scholars to study, what Newman and Farrell call, “the international politics of information.” Given the significance of data politics and misinformation campaigns to our present moment, I hope they listen. Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The myth of Jews killing Christian children emerged in 1144 CE, with the death of a boy named William in Norwich, England. Over the course of several centuries, this myth gained traction and became firmly rooted throughout medieval and early modern Europe. In Blood Libel: On the Trail of an Antisemitic Myth (Harvard University Press, 2020), Magda Teter traces the history of this myth and analyzes how accusations of ritual murder have followed Jews from the 12th century to the contemporary period. Magda Teter is Professor of History and Shvidler Chair in Judaic Studies at Fordham University. Lindsey Jackson is a PhD student at Concordia University in Montreal, Canada. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed by his mentor, Hugo Sinzheimer, was to engage in a project to displace the law of property as the basic frame of human relations. The defeat of Weimar and the years of exile called many things into question for Neumann, but not the conjunction between a practical democratic project to establish social rights and an effort to find a rational strategy to explain the failures, and to orient a new course of conduct. David Kettler and Thomas Wheatland's new book Learning from Franz L. Neumann (Anthem Press, 2019) pays special attention to Neumann's efforts to break down the conventional divide between political theory and the empirical discipline of political science. Neumann was a remarkably effective teacher in the last years of his life, but he was also a gifted learner, whose negotiations with a series of forceful thinkers enabled him to work toward a promising intellectual strategy in political thinking. Marshall Poe is the editor of the New Books Network. He can be reached at marshallpoe@newbooksnetwork.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Obedience is integral to the military, to society, and to communities. To bring individuals together to work cohesively and successfully towards a common goal, be it seizing an objective on the battlefield, creating an enduring political or social project, or simply running a local soup kitchen, obedience must be present. But how many of us, whether soldiers or civilians, ever stop to consider just what obedience is? Is obedience a core military virtue? Is it a core civilian virtue, and if so why? Why should soldiers or citizens be obedient? When should they be disobedient? And how might or should conflicting or overlapping obediences influence the conduct of modern American citizen-soldiers? These questions are the driving force behind Pauline Shanks Kaurin's nuanced, insightful meditation on the nature of obedience, On Obedience: Contrasting Philosophies for the Military, Citizenry, and Community (Naval Institute Press, 2020). Dr. Kaurin convincingly argues that our current understanding of obedience is incomplete. While legal and pragmatic definitions abound, few have substantively addressed obedience's moral dimensions. Kaurin offers a welcome corrective to this oversight, forcefully advocating for the cultivation of "critical obedience" in the military, in civil society, and in our communities. An important wok in the field of military ethics, On Obedience provides a robust framework for thinking not only about our future as soldiers and citizens, but about how obedience, as a social and cultural factor, shaped our shared political and military past. Pauline Shanks Kaurin holds a PhD in Philosophy from Temple University, with a specialization in military ethics, just war theory, and applied ethics. Currently, she is a Professor of Professional Military Ethics at the US Naval War College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her latest book, In Search of Criminal Responsibility: Ideas, Interests, and Institutions (Oxford University Press, 2016), Nicola Lacey brings together philosophical, historical and socio-legal methods to give an account of the ever changing notion of responsibility in criminal law. She distinguishes between ideas of responsibility, which she argues are founded in notions of character, psychological capacity, the causation of harmful outcomes and the presentation of risk. The book draws links between these ideas of responsibility; of the institutions that produce them, and the interests that have shaped both doctrines and institutions. In her analysis of responsibility over time, Nicola demonstrates the functions that criminal law and punishment have been required to perform at different periods in history. Criminal law has moved from notions of character and outcome responsibility in the eighteenth century, through a period dominated by capacity responsibility, which has become established as central in criminal law. More recently, character responsibility is remerging, in combination with a new discourse that is founded in risk. In this discussion, as in her book, Nicola Lacey builds on her previous analysis in Women, Crime and Character (2008) and traces how the criminal law and the notion of responsibility has been gendered throughout history. Responsibility is contextualized in its role as to how it provides legitimation of state power, and also in its role for coordination of social behavior. Responsibility, and the criminal law more broadly, is historically, socially and politically contextualized in terms of practices of criminalization and the social functions that law plays. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the late nineteenth century, Italians and Eastern European Jews joined millions of migrants around the globe who left their countries to take advantage of the demand for unskilled labor in rapidly industrializing nations, including the United States. Many Americans of northern and western European ancestry regarded these newcomers as biologically and culturally inferior--unassimilable--and by 1924, the United States had instituted national origins quotas to curtail immigration from southern and eastern Europe. In her new book Unwanted: Italian and Jewish Mobilization against Restrictive Immigration Laws, 1882–1965 (UNC Press, 2020), Maddalena Marinari examines how, from 1882 to 1965, Italian and Jewish reformers profoundly influenced the country’s immigration policy as they mobilized against the immigration laws that marked them as undesirable. Strategic alliances among restrictionist legislators in Congress, a climate of anti-immigrant hysteria, and a fickle executive branch often left these immigrants with few options except to negotiate and accept political compromises. As they tested the limits of citizenship and citizen activism, however, the actors at the heart of Marinari’s story shaped the terms of debate around immigration in the United States in ways we still reckon with today. This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Maddalena Marinari is Assistant Professor in History; Gender, Women and Sexuality Studies; and Peace Studies at Gustavus Adolphus College. She has published extensively on immigration restriction and immigrant mobilization. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In early 2019, freshman representative Alexandria Ocasio Cortez and Senator Ed Markey proposed a bold new piece of legislation, now very well known as the Green New Deal. Intended as a means of combating climate change, it stunned a number of people due to its enormous ambition, including massive overhauls of our energy systems, as well as providing housing and healthcare for everyone. Naturally a piece of legislation this large raised a number of questions, which is what my guests today are here to discuss. I recently had the pleasure of talking with Kate Aronoff, Alyssa Battistoni, Daniel Aldana Cohen and Thea Riofrancos, the authors of A Planet to Win: Why We Need a Green New Deal (Verso, 2019). The book is short and accessible, written for everyone interested in understanding this vital piece of legislation, so if you are like me and you don’t understand the fine details of climate economics, you can still pick this up and gain a sense of what is to be done. The book also features a short forward by Naomi Klein, who has been tracking the relationship between economic and climate politics for some time. Kate Aronoff (@KateAronoff) is a fellow at the Type Media Center and a Contributing Writer at the Intercept. She is the co-editor of We Own the Future and author of The New Denialism. Her writing has appeared in the Guardian, Rolling Stone, Harper’s, In These Times, and Dissent Alyssa Battistoni (@alybatt) is a postdoctoral fellow at Harvard University and an editor at Jacobin. Her writing has appeared the Guardian, n+1, The Nation, Jacobin, In These Times, Dissent, and the Chronicle of Higher Education. Daniel Aldana Cohen (@aldatweets) is an assistant professor of sociolgy at the University of Pennsylvania, where he directs the Socio-Spatial Climate Collaborative. His writing has appeared in the Guardian, Nature, The Nation, Jacobin, Public Books, Dissent, and NACLA. Thea Riofrancos (@triofrancos) is an assistant professor of political science at Providence College, and is the author of Resource Radicals. Her writing has appeared in the Guardian, n+1, Jacobin, the Los Angeles Review of Books, Dissent, and In These Times. She serves on the steering committee of DSA’s Ecosocialist Working Group. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Katherine Franke’s ambitious new book challenges Americans to face our collective responsibility for ongoing racial inequality. Rather than fall back on what Franke calls a “palliative history” that emphasizes granting freedom and rights after the Civil War, Franke insists that Americans acknowledge the failure to provide any meaningful reparation to formerly enslaved people in the 1860s. That failure has ongoing structural effects today. The book replots this history through archival research on two post-war communities in which property ownership produced increased autonomy for freed people. Franke contrasts free and freed – and calls this the dangling ‘d’ the residue of enslavement. Using a myriad of primary documents from the Sea Islands of South Carolina and Davis Bend, Mississippi, Franke details the successes and failures of these communities as they governed and organized their land. Repair demonstrates how government officials recognized the need for reparations (a term they used) and repair in the form of land ownership – an approach later reversed by President Johnson. Repair: Redeeming the Promise of Abolition (Haymarket Books, 2020) reflects on these radical examples of 19th-century reparations in order to contribute to the modern call for reparations. For Franke, the atrocity of slavery is a festering national wound and the examples of history suggest ways in which we might funnel national wealth (though estate taxes) to a fund to empower black ownership and citizenship. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil (Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive and raise future citizens and laborers―became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state―and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Most Americans have a limited understanding of the history of segregation in the United States. While many are taught that segregation was as an institution of social control that dominated Southern society, economics, and politics from the late nineteenth century to the middle of the twentieth century, a much smaller proportion realize that Jim Crow policies and practices existed in cities throughout the north and west. In Strategies of Segregation: Race, Residence, and the Struggle for Educational Equality (University of California Press, 2018), David G. García makes a substantial contribution to the history of segregation in the US by examining its implementation and preservation in the city of Oxnard, California from 1903 to 1974. Located about an hour north of Los Angeles, García explains how the “white architects” of Oxnard instituted segregationist policies in housing and education during the initial decades of the twentieth century, which ultimately shaped life chances and outcomes for Mexican Americans. Although de jure segregation of ethnic Mexicans was not permitted in California schools, García uncovers four strategies implemented by local power brokers to accomplish just that. One of the unique features of segregation in Oxnard involved the “school-within-a-school model of racial separation” that was employed by city and district officials in three elementary campuses from 1903-1939. Blurring the distinction between de jure and de facto segregation, García argues that the “systematic subordination” of ethnic Mexicans in Oxnard was accomplished through daily acts of “mundane racism” at the individual and institutional level. Despite efforts to normalize their marginalization, Mexican Americans did not stand idle. Rather, partnering with African Americans in a “shared struggle” against the district’s segregationist policies, parents and community activists filed and won a class-action lawsuit (Soria v. Oxnard School Board of Trustees, 1974) that proved the school board was guilty of intentional de jure segregation and ordered immediate and affirmative remedies to achieve a racially balanced school system. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics. Follow him on Twitter @djgonzoPhD. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The fear of campus sexual assault has become an inextricable part of the college experience. Research has shown that by the time they graduate, as many as one in three women and almost one in six men will have been sexually assaulted. But why is sexual assault such a common feature of college life? And what can be done to prevent it? Drawing on the Sexual Health Initiative to Foster Transformation (SHIFT) at Columbia University, the most comprehensive study of sexual assault on a campus to date, Jennifer S. Hirsch and Shamus Khan present an entirely new framework that emphasizes sexual assault’s social roots—transcending current debates about consent, predators in a “hunting ground,” and the dangers of hooking up. Sexual Citizens: A Landmark Study of Sex, Power, and Assault on Campus (Norton, 2020) is based on years of research interviewing and observing college life—with students of different races, genders, sexual orientations, and socioeconomic backgrounds. Hirsch and Khan’s landmark study reveals the social ecosystem that makes sexual assault so predictable, explaining how physical spaces, alcohol, peer groups, and cultural norms influence young people’s experiences and interpretations of both sex and sexual assault. Through the powerful concepts of “sexual projects,” “sexual citizenship,” and “sexual geographies,” the authors offer a new and widely-accessible language for understanding the forces that shape young people’s sexual relationships. Empathetic, insightful, and far-ranging, Sexual Citizens transforms our understanding of sexual assault and offers a roadmap for how to address it. In this interview, Dr. Hirsch, Dr. Khan, and I discuss three concepts that are central to their argument regarding the prevalence and prevention of sexual assault: Sexual projects, sexual citizens, and sexual geographies. Hirsch and Khan argue that sexual assault is connected to features of the university setting (e.g., alcohol, Greek life), race, class, and gender, and (mis)understandings of sex and consent. Additionally, the authors go on to discuss their research methods and how schools, parents, administrators, and other members of the campus community can take active steps to address and prevent sexual assault on college campuses. I highly recommend this book for both a general audience and those with a scholarly interest in sexual violence and/or elite educational institutions. Sexual Citizens would be a great book for undergraduate or graduate courses related to gender, gender-based violence, sexual assault, and organizations. Jennifer S. Hirsch is a professor of sociomedical sciences at the Mailman School of Public Health at Columbia University, and codirects SHIFT, the Sexual Health Initiative to Foster Transformation, at Columbia University. Shamus Khan is a professor of sociology at Columbia University, where he is the chair of the department. He writes on culture, inequality, gender, and elites. He was a co-Principal Investigator of SHIFT, a multi-year study of sexual health and sexual violence at Columbia University. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The right to decision making is important for all people. It allows us to choose how to we our lives – both on a daily basis, and also in terms of how we wish to express ourselves, to live in accordance with our values and desires. However, the right to make decisions has been, and continues to be, routinely denied to people with disabilities – sometimes by family members and carers, or by institutions and courts. In this conversation, Anna Arstein-Kerslake discusses situations where people with cognitive impairments are unjustifiably denied the right to make their own choices. She shares her own experiences to demonstrate how this unjustifiably and unnecessarily discriminates against people with disabilities. But it need not be this way; both in Restoring Voice to the People with Cognitive Disabilities (Cambridge University Press, 2017), and in this episode, Anna takes us through examples of how bringing greater equality for people with cognitive impairments can be of benefit to the entire community. Her book provides a roadmap for the future to bring greater equality for all. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality and criminal law. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong protests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
After the Second World War, an Australian diplomat was one of eight people to draft the U.N. Declaration of Human Rights. And in the years that followed, Australians of many different stripes—including activists fighting for Aboriginal rights and women’s rights, communists, and even anticommunists—invoked human rights in their respective political struggles. Yet, despite these Australians’ embrace of human rights, the Australian government didn’t sign the Declaration of Human Rights until 1972, and then it took even longer to ratify it. Australia’s ambiguous relationship with human rights is precisely what Jon Piccini untangles in his fascinating, deeply researched book, Human Rights in Twentieth-Century Australia (Cambridge University Press, 2019). By exploring these many different groups’ invocation of human rights, Piccini, a faculty member at the Australian Catholic University, is able to show how ideas and language can circulate even across ideological divisions. This book should be read by those interested in the global history of ideas and human rights, Australian political and social historians, along with those like me, who know little about Australia but would like to learn a lot more. Dexter Fergie is a PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
"Most lawyers, most actors, most soldiers and sailors, most athletes, most doctors, and most diplomats feel a certain solidarity in the face of outsiders, and, in spite of other differences, they share fragments of a common ethic in their working life, and a kind of moral complicity." – Stuart Hampshire, Justice is Conflict. There are many more examples of professional solidarity, however fragmented and tentative, sharing the link of a common ethic that helps make systems, and the analysis of them, possible in the larger political economy. Writing from a law professor’s vantage point, Katharina Pistor, in her new book, The Code of Capital: How the Law Creates Wealth and Inequality (Princeton University Press, 2019) explains how even though law is a social good it has been harnessed as a private commodity over time that creates private wealth, and plays a significant role in the increasing disparity of financial outcomes. As she points out in this interview, and her chapter ‘Masters of the Code’, it is ‘critical to have lawyers in the room’, and they clearly have the lead role in her well-researched and nuanced thesis centered on the decentralized institution of private law. Professor Pistor builds on Rudden’s ‘feudal calculus’ providing the long view of legal systems in maintaining and creating wealth and draws on historical analogies including the enclosure movements as she interweaves her analysis of capital asset creation with a broader critique of professional and institutional agency. Polanyi and Piketty figure into Pistor’s analysis among many others, as does the help of the state’s coercive backing as she draws on the breadth of her own governance research and analysis of the collapsed socialist regimes in the 1990s, and a research pivot toward western market economies following the 2008 Global Financial Crisis. Professor Pistor is a comparative scholar with a keen interdisciplinary eye for the relationship between law, values, and markets, dovetailing larger concepts with detailed descriptions of the coding of ‘stocks, bonds, ideas, and even expectations—assets that exist only in law.’ All of which informs her inquiry into why some legal systems have been more accommodating to capital’s coding cravings and others less so, as she describes the process by which capital is created. She moves beyond legal realism’s less granular critiques, and as reviewers such as Samuel Moyn have suggested – this book ‘deserves to be the essential text of any movement today that concerns itself with law and political economy’. Katharina Pistor is the Edwin B. Parker Professor of Comparative Law, and the Director of the Center on Global Legal Transformation at Columbia Law School. Keith Krueger lectures at the SHU-UTS Business School in Shanghai. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Paradox is a sophisticated kind of magic trick. A magician's purpose is to create the appearance of impossibility, to pull a rabbit from an empty hat. Yet paradox doesn't require tangibles, like rabbits or hats. Paradox works in the abstract, with words and concepts and symbols, to create the illusion of contradiction. There are no contradictions in reality, but there can appear to be. In Sleight of Mind: 75 Ingenious Paradoxes in Mathematics, Physics, and Philosophy (MIT Press, 2020), Matt Cook and a few collaborators dive deeply into more than 75 paradoxes in mathematics, physics, philosophy, and the social sciences. As each paradox is discussed and resolved, Cook helps readers discover the meaning of knowledge and the proper formation of concepts―and how reason can dispel the illusion of contradiction. The journey begins with “a most ingenious paradox” from Gilbert and Sullivan's Pirates of Penzance. Readers will then travel from Ancient Greece to cutting-edge laboratories, encounter infinity and its different sizes, and discover mathematical impossibilities inherent in elections. They will tackle conundrums in probability, induction, geometry, and game theory; perform “supertasks”; build apparent perpetual motion machines; meet twins living in different millennia; explore the strange quantum world―and much more. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We often think of censorship as governments removing material or harshly punishing people who spread or access information. But Margaret E. Roberts’ new book Censored: Distraction and Diversion Inside China’s Great Firewall (Princeton University Press, 2020) reveals the nuances of censorship in the age of the internet. She identifies 3 types of censorship: fear (threatening punishment to deter the spread or access of information); friction (increasing the time or money necessary to access information); and flooding (publishing information to distract, confuse, or dilute). Roberts shows how China customizes repression by using friction and flooding (censorship that is porous) to deter the majority of citizens whose busy schedules and general lack of interest in politics make it difficult to spend extra time and money accessing information. Highly motivated elites (e.g. journalists, activists) who are willing to spend the extra time and money to overcome the boundaries of both friction and flooding meanwhile may face fear and punishment. The two groups end up with very different information – complicating political coordination between the majority and elites. Roberts’s highly accessible book negotiates two extreme positions (the internet will bring government accountability v. extreme censorship) to provide a more nuanced understanding of digital politics, the politics of repression, and political communication. Even if there is better information available, governments can create friction on distribution or flood the internet with propaganda. Looking at how China manages censorship provides insights not only for other authoritarian governments but also democratic governments. Liberal democracies might not use fear but they can affect access and availability – and they may find themselves (as the United States did in the 2016 presidential election) subject to flooding from external sources. The podcast includes Roberts’ insights on how the Chinese censored information on COVID-19 and the effect that had on the public. Foreign Affairs named Censored one of its Best Books of 2018 and it was also honored with the Goldsmith Award and the Best Book in Human Rights Section and Information Technology and Politics section of the American Political Science Association. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book Muslim American Politics and the Future of US Democracy (New York University Press, 2019), Edward E. Curtis IV interrogates the limitations of American liberalism in light of the states’ and its various actor’s exclusionary politics and rhetoric around Muslim American citizens. Curtis argues that the place of Muslim Americans in the narrative and praxis of American law, politics, rights discourse, and much are, must be questioned. To do so, the book examines various case studies of Muslim American institutions, figures, soldiers, and women who have navigated and negotiated their place within American democracy as citizens. For instance, the Nation of Islam (NOI) is one such case study explored in the book. Curtis considers how the NOI maintained certain forms of American liberalism (i.e., use of law and incurring of capital) while challenging others (i.e., racial and religious logics) as the movement developed. While Malcolm X (El-Hajj Malik El-Shabazz) quintessentially models political dissent against American imperialism precisely because of his Islamic ethics and revolutionary politics. Both in and beyond his involvement in the NOI, Malcolm X’s politics was defined by global pan-African movements, as well as by revolutionary Muslim state leaders like Egypt’s Gamal Abdul Nasser. Using various other such examples, from the ways in which Muslim American women’s bodies were used by the nation state to justify foreign policies and military interventions to the memorialization of fallen Muslim American soldiers by American politicians, Curtis provocatively challenges his readers to content with the exclusionary, problematic, and complex rhetoric of American liberalism’s treatment of Muslim Americans as second-class citizens and Muslim Americans’ responses to this injustice. The book is a must read for scholars interested in American Islam and politics, while chapters of the book can also be accessibly used in courses on contemporary Islam, American Islam, and religion and politics. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloombsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found on here and here. You can follow her on Twitter via @shobhanaxavier Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book On Trial for Reason: Science, Religion, and Culture in the Galileo Affair (Oxford University Press, 2019), Maurice Finocchiaro shows that there were (and are) really two Galileo “affairs.” Galileo’s original trial and condemnation forms the first affair, the cultural history of controversies about the meaning of the original trial, forms the second. With scrupulous attention to evidence and the argumentation employed by various participants, Dr. Finocchiaro’s book is at once an accessible primer on a key event in the 16th- and 17th-century Scientific Revolution, and a thought provoking look at how the subsequent controversies resonate down to the present day. Aaron Weinacht is Professor of History at the University of Montana Western, in Dillon, MT. He teaches courses on Russian and Soviet History, World History, and Philosophy of History. His research interests include the sociological theorist Philip Rieff and the influence of Russian nihilism on American libertarianism. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ahmet T. Kuru’s new book Islam, Authoritarianism and Underdevelopment, A Global and Historical Comparison (Cambridge University Press, 2019) is a ground-breaking history and analysis of the evolution of the state in Muslim countries. Thoroughly researched and accessibly written, Kuru’s work traces the template of the modern-day state in many Muslim-majority countries to fundamental political, social and economic changes in the 11th century. That was when Islamic scholars who until then had by and large refused to surrender their independence to the state were co-opted by Muslim rulers. It was a time when the merchant class lost its economic clout as the Muslim world moved from a mercantile to a feudal economy. Religious and other scholars were often themselves merchants or funded by merchants. The transition coincided with the rise of the military state legitimized by religious scholars who had little choice but to go into its employ. They helped the state develop a forced Sunni Muslim orthodoxy based on text rather than reason- or tradition based interpretation of Islam with the founding of madrassahs or religious seminaries that were designed to counter the rise of Shiite states in North Africa and counter less or unorthodox strands of the faith. Kuru’s history could hardly be more relevant. It lays bare the roots of modern-day, illiberal, authoritarian or autocratic states in the Muslim world that are characterized by some form of often rent-driven state capitalism and frequently expansionary in their effort to ensure regime survival and increase rents. These states feature education systems that fail to develop critical thinking and religious establishments that are subservient to their rulers. Kuru’s book also in effect describes one of the original sources of the civilizational state that has become a fixture in the struggle to shape a new world order. With his book, Kuru has made an invaluable contribution to the understanding of the stagnation as well as the turmoil that has swept the Middle East and North Africa as well as the wider Islamic world. James M. Dorsey is a senior fellow at Nanyang Technological University S. Rajaratnam School of International Studies and the National University of Singapore’s Middle East Institute. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What do prisoner laborers, graduate students, welfare workers, and college athletes have in common? According to sociologist Erin Hatton, they are all part of a growing workforce of coerced laborers. Coerced: Work Under Threat of Punishment (University of California Press, 2020) explores this world of coerced labor through an unexpected and compelling comparison of these four groups of workers, for whom a different definition of "employment" reigns supreme—one where workplace protections do not apply and employers wield expansive punitive power, far beyond the ability to hire and fire. Because such arrangements are common across the economy, Hatton argues that coercion—as well as precarity—is a defining feature of work in America today. Theoretically forceful yet vivid and gripping to read, Coerced compels the reader to reevaluate contemporary dynamics of work, pushing beyond concepts like "career" and "gig work." Through this bold analysis, Hatton offers a trenchant window into this world of work from the perspective of those who toil within it—and who are developing the tools needed to push back against it. In this interview, Hatton and I discuss how she chose her unique cases for the book (graduate students, inmates, workfare workers, and college athletes), coercion related to status, agency and resistance, and the often harsh, punitive power of work supervisors and employers. I recommend this book for students, professors, and anyone else interested in labor, social stratification, qualitative methods, and culture. Erin Hatton, PhD, is an associate professor in the SUNY Buffalo Department of Sociology. Professor Hatton’s research focuses on work and political economy, while also extending into the fields of social inequality, labor, law and social policy. You can find her on Twitter at @eehatton. Krystina Millar is a PhD student in the Department of Sociology at Indiana University. Her research interests include gender, sociology of the body, and sexuality. You can find her on Twitter at @KrystinaMillar. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Socially Undocumented: Identity and Immigration Justice (Oxford University Press, 2020), Amy Reed-Sandoval reframes the question of immigration justice by focusing on the historical development and lived experiences of socially undocumented identity. Drawing on ethnography, phenomenological analysis, storytelling, and a non-ideal theory approach, she tracks the development of racialized, class-based, and gendered elements of socially undocumented identity and the unjust constraints that target this identity. She looks at concrete steps for how to address socially undocumented oppression, not just at the level of immigration policy, but also through the work of non-state actors and the socially undocumented themselves. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his newly released book City of Refuge: Slavery and Petit Marronage in the Great Dismal Swamp, 1763-1856 (University of Georgia Press, 2020), Professor Marcus P. Nevius (Assistant Professor of History and Africana Studies at the University of Rhode Island) tells the interrelated histories of petit marronage, an informal slave's economy, and the construction of internal improvements in the Great Dismal Swamp of Virginia and North Carolina. The vast wetland was tough terrain that most white Virginians and North Carolinians considered uninhabitable. Perceived desolation notwithstanding, black slaves fled into the swamp's remote sectors and engaged in petit marronage, a type of escape and fugitivity prevalent throughout the Atlantic world. An alternative to the dangers of flight by way of the Underground Railroad, maroon communities often neighbored slave-labor camps, the latter located on the swamp's periphery and operated by the Dismal Swamp Land Company and other companies that employed slave labor to facilitate the extraction of the Dismal's natural resources. Often with the tacit acceptance of white company agents, company slaves engaged in various exchanges of goods and provisions with maroons-networks that padded company accounts even as they helped to sustain maroon colonies and communities. In his examination of life, commerce, and social activity in the Great Dismal Swamp, Nevius engages the historiographies of slave resistance and abolitionism in the early American republic. City of Refuge uses a wide variety of primary sources-including runaway advertisements; planters' and merchants' records, inventories, letterbooks, and correspondence; abolitionist pamphlets and broadsides; county free black registries; and the records and inventories of private companies-to examine how American maroons, enslaved canal laborers, white company agents, and commission merchants shaped, and were shaped by, race and slavery in an important region in the history of the late Atlantic world. Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth-century African American women’s history and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his dazzling new book The Aliites: Race and Law in the Religions of Noble Drew Ali (University of Chicago Press, 2019), Spencer Dew treats his readers to a riveting and often counterintuitive account of the interaction of law, race, and citizenship in the discourses of the Moorish Science Temple and other movements inspired by Noble Drew Ali. How do theological visions of democracy serve as critiques of racism and exclusionary politics? In what ways does a notion of sovereignty as located in faith and outside history mobilize popular sovereignty to critique modern state sovereignty? What are the complicated mechanisms through which legal institutions, texts, and theaters are engaged and negotiated to make space for a notion of citizenship grounded in the entanglement of law, love, and social transformation? These are among the central questions that animate this sparkling study, situated at the intersection of legal studies, African American Religion, and American Islam. Lucidly composed, theoretically charged, and discursively playful, The Aliites is sure to transform the way we look at Noble Drew Ali and his profound and complex legacy. This book will also generate important and productive conversations in various undergraduate and graduate seminars on American Islam, American Religion, Political Studies, History, and Law. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today Dennis Baron talks about his new book What's Your Pronoun?: Beyond He & She (Liveright, 2020). Baron is professor emeritus in English at the University of Illinois Urbana-Champaign and has written many books about language and its connection to culture. What’s Your Pronoun addresses an important cultural question about women’s rights and the rights and identities of non-binary people, and reveals how we got from he and she to zie, hir, and singular they. Pronouns have sparked a national (and international) debate, prompting new policies about what pronouns to use in schools, workplaces and even prisons. Baron describes the historical context of singular they, how the use of generic he was both used to assert women’s suffrage and to deny it, and the use of neo-pronouns throughout the centuries. What’s Your Pronoun? chronicles the role that pronouns play in establishing our rights and identities. Indeed, the relevance of the question “what’s your pronoun” throughout English’s history may surprise you. Carrie Gillon is a linguist, editor and writing coach, working in the academic and healthcare sectors. She’s the author of The Semantics of Determiners (Cambridge Scholars Publishing, 2103) and the co-author of Nominal Contact in Michif (Oxford University Press, 2018). She is also the co-host of the podcast The Vocal Fries, a biweekly podcast about linguistic discrimination (or why judging language is not OK). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Unmaking the Presidency: Donald Trump's War on the World's Most Powerful Office (Farrar, Straus, and Giroux, 2020) guides the reader through both historical and contemporary considerations of how the American presidency was originally structured and how it has evolved over more than 200 years. This fascinating examination of the presidency starts with the oath of office, as outlined in the Constitution, and explains how Donald Trump, from the very moment he became the 45th president of the United States, was at odds with the constitutional system designed in 1787. Susan Hennessey and Benjamin Wittes, respectively executive editor and editor in chief of Lawfare and both senior fellows at The Brookings Institution, detail the historical basis for what they and many scholars refer to as the “traditional” presidency. This concept of the traditional presidency—which contains both the formal powers of the presidency as outlined in the Constitution as well as the norms and traditions that have taken root within the office over the course of American history—is being replaced, according to Hennessey and Wittes, by the “expressive” presidency. The expressive presidency presents a distinctly different vision of the office itself and essentially replaces the process through which presidential actions are taken and decisions are made with a much more personal approach to the office and the way that it functions. Hennessey and Wittes explain that this reinterpretation of the presidency conflates the person and the office, combining the two in ways that rely much more on the president’s personality and far less on the role of the office within the constitutional system. While the American presidency was unique in the way it combined the role of symbolic head of state and political leader, the transformation of the office by President Donald Trump has, essentially, unmade structural aspects of the office that held these two roles as separate and distinct. As most scholars and students of the presidency know, the office itself has changed in many ways over the course of 45 presidents and more than 200 years. The authors acknowledge this evolution of the office itself and the way that the president’s personality has become more integral to the office, but Unmaking the Presidency argues that the Trump presidency has potentially taken the office off of its constitutional underpinning, and through a variety of norm disruptions and structural changes, has essentially “unmade” the office. Whether it remains on this trajectory or returns to its previous position in some form is dependent on the outcome of the 2020 election. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In eighteenth-century New Orleans, the legal testimony of some 150 enslaved women and men--like the testimony of free colonists--was meticulously recorded and preserved. Questioned in criminal trials as defendants, victims, and witnesses about attacks, murders, robberies, and escapes, they answered with stories about themselves, stories that rebutted the premise on which slavery was founded. Focusing on four especially dramatic court cases, Voices of the Enslaved: Love, Labor, and Longing in French Louisiana (UNC Press, 2019) draws us into Louisiana’s courtrooms, prisons, courtyards, plantations, bayous, and convents to understand how the enslaved viewed and experienced their worlds. As they testified, these individuals charted their movement between West African, indigenous, and colonial cultures; they pronounced their moral and religious values; and they registered their responses to labor, to violence, and, above all, to the intimate romantic and familial bonds they sought to create and protect. Their words--punctuated by the cadences of Creole and rich with metaphor--produced riveting autobiographical narratives as they veered from the questions posed by interrogators. Carefully assessing what we can discover, what we might guess, and what has been lost forever, Sophie White offers both a richly textured account of slavery in French Louisiana and a powerful meditation on the limits and possibilities of the archive. Sophie White is Associate Professor of American Studies and Concurrent Associate Professor in the Departments of Africana Studies, History, and Gender Studies at the University of Notre Dame. She is an historian of early America with an interdisciplinary focus on cultural encounters between Europeans, Africans and Native Americans, and a commitment to Atlantic and global research perspectives. This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book Robot Rules: Regulating Artificial Intelligence (Palgrave Macmillan, 2018), Jacob Turner explains why AI is unique, what legal and ethical problems it could cause, and how we can address them. It argues that AI is unlike is any other previous technology, owing to its ability to take decisions independently and unpredictably. This gives rise to three issues: responsibility―who is liable if AI causes harm; rights―the disputed moral and pragmatic grounds for granting AI legal personality; and the ethics surrounding the decision-making of AI. The book suggests that in order to address these questions we need to develop new institutions and regulations on a cross-industry and international level. Incorporating clear explanations of complex topics, Robot Rules will appeal to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sarah Burns’ new book The Politics of War Powers: The Theory and History of Presidential Unilateralism (University Press of Kansas, 2020) pulls together distinct threads in analyzing the theoretical framing of presidential power in the American constitutional system and then tracing that power through forty-five presidents. Burns begins by assessing Locke’s impact on the constitutional design of the presidency and then turning her attention to the more substantial contributions made by Montesquieu, since Montesquieu had an equally sizeable impact on the Founders and their thinking about this office. There were great tensions at the time of the Founding about the powers that the president has in pursuing war and military engagements. The Politics of War Powers pays close attention to the distinctions made in the Constitution between the role of the legislature in declaring war, and the role of the president in prosecuting war. This is the foundation for Burns’ analysis of presidential implementation of these powers over the course of more than 200 years, and she carefully examines these theoretical foundations, devoting the first third of The Politics of War Powers to unpacking and discussing the competing views of this important and, at times, suspect, power. Following from this theoretical basis, The Politics of War Powers dives into deeply researched explorations of not only the presidents themselves and how they thought about and used their war powers, but also how and where Congress acted and responded. This dimension of the analysis is particularly important to consider, and Burns sketches the ways in which the early Congress exerted its authority and constitutional role in regard to war and the war powers embedded in the Constitution. She then goes on to explore the tension between the executive and the legislature over the course of a number of military engagements that pressed on these competing capacities. The final section of the book outlines the ways in which presidential war powers have grown substantially and the legal reasoning that has grown up around these powers as Congress has stepped back from its own role in regard to war powers. In many ways, The Politics of War Powers is as much about congressional engagement or abdication in its constitutional role as it is about the expansion of presidential power. The delicate balance between the branches has shifted rather substantially, according to Burns’ analysis, and The Politics of War Powers draws out the ways in which this balance has shifted over the course of American history and political development. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Though the story of emancipation is well known in American history, the roles of many of the key figures involved in it are often overlooked. Among them is James Mitchell Ashley, the Ohio congressman who shepherded the Thirteenth Amendment through the House of Representatives. In The Forgotten Emancipator: James Mitchell Ashley and the Ideological Origins of Reconstruction (Cambridge University Press, 2018), Rebecca E. Zietlow recounts the intellectual development of Ashley as an abolitionist and how he sought to turn freedom into a reality for millions of African Americans. As Zietlow explains, an important strain in Ashley’s thinking was his commitment to the free labor ideas prominent in the Democratic Party in the antebellum era. As a committed abolitionist, he played a prominent role in the emergence of the Republican Party in Ohio in the 1850s culminating in his election to Congress in 1858. As a representative during one of the critical period in the nation’s history, Ashley was at the forefront of Congress’ response to the issue of slavery during the Civil War, working not just to pass the amendment that ended the “peculiar institution” but to craft legislation designed to ensure that the freedom won by African Americans was real and not undermined by the unreconstructed Southern governments in power in the immediate aftermath of the Civil War. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What does an American political progressive in the 21st Century have in common with a pagan of ancient Rome? More than you may think, according to law professor, Steven D. Smith. In his important, provocative new book, Pagans and Christians in the City Culture Wars from the Tiber to the Potomac (Eerdmans, 2018), Smith shows that traditionalist Christians who oppose same-sex marriage and similar cultural developments feel themselves besieged by a triumphalist progressivism that increasingly is adopting a “we won, they lost” view of where society and public opinion now stand on issues such as abortion and euthanasia and that has little use for what it regards as passé notions about religious liberty. Where do we stand when it comes to working out some kind of sociocultural modus vivendi between the diametrically opposed camps of modern paganism and Christianity (and not even, in many cases, the traditionalist version)? Smith provides us with the historical background we need to understand where everyone involved is, so to speak, coming from. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
No contemporary figure is more demonized than the Islamist foreign fighter who wages jihad around the world. Spreading violence, disregarding national borders, and rejecting secular norms, so-called jihadists seem opposed to universalism itself. But in a radical departure from conventional efforts to explain and solve the “problem” of jihad, The Universal Enemy: Jihad, Empire, and the Challenge of Solidarity (Stanford University Press, 2020) begins with the assertion that transnational jihadists are in fact engaged in their own form of universalism: armed transnational solidarity under conditions of American empire. Drawing on 15 years of interviews and research conducted in Arabic, Bosnian/ Serbian/ Croatian, Urdu, French, and Italian, and following the stories of former fighters across the Middle East, the Balkans, the United States, and Europe, anthropologist and attorney Darryl Li uses the lens of universalism to revisit the pivotal post-Cold War moment when ethnic cleansing in the Balkans dominated global headlines. Highlighting Bosnia-Herzegovina as a battleground of multiple universalisms—socialist Non-Alignment, United Nations peacekeeping, humanitarian intervention, the War On Terror, and the transnational jihads that posed an alternative to American governance—Li urges us to consider what grants claims to universalism their authority and allure. A historical ethnography from below whose protagonists move between and beneath governments, The Universal Enemy explores the relationship between jihad and American empire, thereby shedding critical light on both. Darryl Li, Assistant Professor of Anthropology and Social Sciences and Lecturer in Law at the University of Chicago, is an anthropologist and attorney working at the intersection of war, law, migration, empire, and race with a focus on transregional linkages between the Middle East, South Asia, and the Balkans. Li has participated in litigation arising from the "War on Terror" as party counsel, amicus, or expert witness, including in Guantánamo habeas, Alien Tort, material support, denaturalization, immigration detention, and asylum proceedings. He is a member of the New York and Illinois bars. Bhoomika Joshi is a doctoral candidate in the department of Anthropology at Yale University. Nancy Ko is a doctoral student in History at Columbia University, where she examines Jewish philanthropy and racialization in the late- and post-Ottoman Middle East from a global and comparative perspective. She can be reached at nancy.ko@columbia.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We are in the midst of a robot invasion, as devices of different configurations and capabilities slowly but surely come to take up increasingly important positions in everyday social reality―self-driving vehicles, recommendation algorithms, machine learning decision making systems, and social robots of various forms and functions. Although considerable attention has already been devoted to the subject of robots and responsibility, the question concerning the social status of these artifacts has been largely overlooked. In Robot Rights (MIT Press, 2018), David Gunkel offers a provocative attempt to think about what has been previously regarded as unthinkable: whether and to what extent robots and other technological artifacts of our own making can and should have any claim to moral and legal standing. In his analysis, Gunkel invokes the philosophical distinction (developed by David Hume) between “is” and “ought” in order to evaluate and analyze the different arguments regarding the question of robot rights. In the course of his examination, Gunkel finds that none of the existing positions or proposals hold up under scrutiny. In response to this, he then offers an innovative alternative proposal that effectively flips the script on the is/ought problem by introducing another, altogether different way to conceptualize the social situation of robots and the opportunities and challenges they present to existing moral and legal systems. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its aftermath. Jeff Bachman is a Lecturer in Human Rights at American University’s School of International Service in Washington, DC. He is the author of The United States and Genocide: (Re)Defining the Relationship and editor of the volume Cultural Genocide: Law, Politics, and Global Manifestations. He is currently working on a new book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect, contracted by Rutgers University Press for its Genocide, Political Violence, Human Rights series. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does the world of book reviews work? In Inside the Critics’ Circle: Book Reviewing in Uncertain Times (Princeton University Press, 2020), Phillipa Chong, assistant professor in sociology at McMaster University, provides a unique sociological analysis of how critics confront the different types of uncertainty associated with their practice. The book explores how reviewers get matched to books, the ethics and etiquette of negative reviews and ‘punching up’, along with professional identities and the future of criticism. The book is packed with interview material, coupled with accessible and easy to follow theoretical interventions, creating a text that will be of interest to social sciences, humanities, and general readers alike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her intimidatingly brilliant new book Law and Politics Under the Abbasids: An Intellectual Portrait of al-Juwayni (Cambridge University Press, 2019), Sohaira Siddiqui conducts a masterful analysis of how conditions of political change and fragmentation generate intellectual debates and fermentation on the often-conflictual interaction of certainty, continuity, and community in Muslim thought and practice. Focused on the thought and career of the prominent 11th-century Muslim scholar al-Juwayni (d. 1085), Siddiqui examines the hermeneutical choices, operations, and conundrums that go into the negotiation of epistemic certainty in the realms of law and theology with the imperative of historical change and dynamism. The distinguishing hallmark of this book is the way it conducts a thoroughly interdisciplinary examination of early Muslim intellectual thought by putting Islamic law, theology, and politics into a productive and rather profound conversation. The outcome is a study that combines philological prowess, analytical sophistication, and astonishing lucidity. Sure to spark important conversations in Islamic Studies and beyond, this book deserves to be taught in wide ranging undergraduate and graduate seminars as well. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
School choice, widely touted as a system that would ensure underprivileged youth have an equal opportunity in education, has grown in popularity in the past fifteen years. The strategies and rhetoric of school choice, however, resemble those of segregationists who closed public schools and funded private institutions to block African American students from integrating with their white peers in the wake of the 1954 U.S. Supreme Court’s Brown v. Board of Education decision. In Overturning Brown: The Segregationist Legacy of the Modern School Choice Movement (NewSouth Books, 2020), Steve Suitts examines the parallels between de facto segregationist practices and the modern school choice movement. He exposes the dangers lying behind the smoke and mirrors of the so-called civil rights policies of Betsy DeVos and the education privatization lobbies. Economic and educational disparities have expanded rather than contracted in the years following Brown, and post-Jim Crow discriminatory policies drive inequality and poverty today. Suitts deftly reveals the risk that America and its underprivileged youth face as school voucher programs funnel public funds into predominantly white and often wealthy private schools and charter schools Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic (University of Alabama Press, 2020) traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children. Erika Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies. This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina. Adam McNeil is a 2nd-year Ph.D. Student in History at Rutgers University-New Brunswick. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The State of Indiana denies one million applications for healthcare, foodstamps and cash benefits in three years―because a new computer system interprets any mistake as “failure to cooperate.” In Los Angeles, an algorithm calculates the comparative vulnerability of tens of thousands of homeless people in order to prioritize them for an inadequate pool of housing resources. In Pittsburgh, a child welfare agency uses a statistical model to try to predict which children might be future victims of abuse or neglect. Since the dawn of the digital age, decision-making in finance, employment, politics, health and human services has undergone revolutionary change. Today, automated systems―rather than humans―control which neighborhoods get policed, which families attain needed resources, and who is investigated for fraud. While we all live under this new regime of data, the most invasive and punitive systems are aimed at the poor. In Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (St. Martin's, 2018), Virginia Eubanks systematically investigates the impacts of data mining, policy algorithms, and predictive risk models on poor and working-class people in America. The book is full of heart-wrenching and eye-opening stories, from a woman in Indiana whose benefits are literally cut off as she lays dying to a family in Pennsylvania in daily fear of losing their daughter because they fit a certain statistical profile. The U.S. has always used its most cutting-edge science and technology to contain, investigate, discipline and punish the destitute. Like the county poorhouse and scientific charity before them, digital tracking and automated decision-making hide poverty from the middle-class public and give the nation the ethical distance it needs to make inhumane choices: which families get food and which starve, who has housing and who remains homeless, and which families are broken up by the state. In the process, they weaken democracy and betray our most cherished national values. This deeply researched and passionate book could not be more timely. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Eric Lomazoff has written a kind of detective novel about the national bank controversy during the early years of the new republic. Lomazoff poses, in the introduction, and at the start of each chapter, the general understanding that many scholars and citizens have about the bank controversy itself and the constitutional decision in McCulloch vs. Maryland. And Lomazoff notes that these contours are generally accurate but that they elide significant components of the controversy that is actually spread out over an extended period of time. Given this more extensive time frame, Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic (University of Chicago Press, 2018) does exactly what the title promises, in compiling different aspects of our understanding of the controversy, and integrating key shifts in the political and economic landscape that also changed parts of the actual controversy itself. Lomazoff takes the reader through the general understanding of the National Bank controversy, untangling different threads of the argument and the changing political and economic dynamics in the United States. Because the bank controversy is often collapsed into the debate over either a strict or broad interpretation of the Necessary and Proper clause of the Constitution, many aspects of American political development are generally pushed into the background—these ignored or obscured aspects of the controversy are the focus of Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic, and rightly so, since they trace a deeper and more complex understanding of changing monetary policy, banking regulation, and congressional and executive fiscal power in the new republic. This is an action-packed discussion of the general understanding of the early American Republic, and the real controversy around the establishment of the national bank. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as author of The Politics of Military Base Closings: Not in My District (Peter Lang Publishers, 2003). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Robin Pickering-Iazzi’s Dead Silent: Life Stories of Girls and Women Killed by the Italian Mafias, 1878-2018 is the first history of its kind in English. An open access ebook, this study literally “unburies” the identities of over two-hundred girls and women who lived in Italy between 1878 and 2018, and were killed by members of the organized crime from different regions of Italy, including the camorra (Naples), Cosa Nostra (Sicily), ’ndrangheta (Calabria), and the United Sacred Crown (Puglia). By providing their background, the circumstances of their deaths, and the often unsatisfactory (if any) legal conclusions of their stories, this impressive counter-archive of the past raises several related questions on the women of Dead Silent. Some played a role within the clan, others were simply mafiosis’ daughters or wives, many had no relationship at all with the mafia and were killed accidentally, others were kidnapped for a ransom, and, finally, some were well known antimafia judges or journalists. How are the women’s individual stories related, as a whole, to the collective issue of the mafia in their communities? How do they become “bodies of evidence” and connect with the “history of the Italian nation”? In which ways does the form of the catalog, which Dead Silent adopts, replace the lack of commemoration and justice? But the most important issue that emerges concerns the study’s open access format: In addition to the broader circulation and availability (and the resulting security issues), what are the other positive effects that open-access can inherently produce? How does this format assert the scholar’s freedom and responsibility in the larger society? Nicoletta Marini-Maio is co-founder and editor of g/s/i-gender/sexuality/italy. Recent scholarly publications center on Italian cinema, particularly the intersections between politics, gender power relations, and collective memory; and auteur cinema. Her current book project is La nazione Winx: coltivare la future consumista/Winx Nation: Grooming the Future Female Consumer, a collaboration with Ellen Nerenberg (forthcoming, Rubbettino, Italy). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Law and Self-Knowledge in the Talmud (Cambridge UP, 2018) examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffman Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information, a process that included the rabbis’ willingness to limit their own power. Hoffman examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law. Renee Garfinkel is a clinical psychologist, writer, and Middle East commentator for The Armstrong Williams Show. Write her at r.garfinkel@yahoo.com or tweet @embracingwisdom Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2015, University of Toronto professor Julie MacArthur decided to follow a couple more leads in the search for the long-missing, feared-lost transcript of the trial of legendary Mau Mau leader Dedan KImathi. She found herself amidst the papers of an anti-colonial London lawyer Ralph Millner who assisted the august barrister Dingle Foot in defending Kimathi before the Court of Appeals in colonial Kenya. There she found the full file of not only the appellate case, but the original trial as well, transcripts, exhibits, and police reports. The file showed that a dubious file of the trial transcript in the Kenyan National Archives to be a forgery, but its discovery prompted the release of further files in Kenya. This momentous discovery not only sheds light on this key figure in Kenyan history, and the trauma and the Mau Mau rebellion, but also unstable nature of archives and historical memory. Dedan Kimathi on Trial: Colonial Justice and Popular Memory in Kenya’s Mau Mau Rebellion (Ohio University Press, 2017) not only reproduces the entire trial transcript, in all its original discordant glory, but a set of insightful essays by major scholars of Kenyan history and literary culture, including David Anderson, John Lonsdale, Nicholas Kariuki Githuku, Simon Gikandi, and Lotte Hughes. Her own introduction and a forward by Ngugi wa Thiong’o and Micere Githae Mugo provide a helpful framework for considering the meaning of this important artifact of Africa’s colonial interlude. For anyone in Kenya in February 2020, you can catch the launch of her book at the Dedan Kimathi University of Technology in Nyeri on February 18 and at the United States International Univeristy of Africa in Nairobi on February 21. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. The book I’m looking at today is Our Non-Christian Nation: How Atheists, Satanists, Pagans, and Others Are Demanding Their Rightful Place in Public Life, by Jay Wexler. In it, he travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace. A Professor at Boston University School of Law, Jay Wexler is also a humorist, short story writer, and novelist. A one-time clerk to Justice Ruth Bader Ginsburg and former lawyer at the US Department of Justice, he has written for National Geographic, The Boston Globe, McSweeney's Internet Tendency, Salon, and many other outlets. His non-fiction books include When God Isn't Green (2016) , The Odd Clauses (2011), and Holy Hullabaloos (2009). He joins me today, to talk about Our Non-Christian Nation. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book Broke: Hardship and Resilience in a City of Broken Promise (St. Martin's Press, 2019), Jodie Adams Kirshner tells the story of the people of Detroit before, during, and after its bankruptcy, offering lessons about urban governance, post-industrial economics, development, and the usefulness of bankruptcy itself as a tool to aid U.S. cities. Join us to hear the fascinating, infuriating, and heartbreaking stories of Detroiters struggling to build better lives for themselves and their neighborhoods. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On this episode of the New Books Network, Dr. Lee Pierce (she/they)--Asst. Prof. of Rhetoric and Communication at the State University of New York at Geneseo--interviews Dr. Kate Lockwood Harris (she/they)--Department of Communication Studies at the University of Minnesota -on the courageous new book Beyond the Rapist: Title IX and Sexual Violence on US Campuses (Oxford University Press, 2019). Beyond the Rapists asks how and to what end scholars of communication and the public at large might look “beyond the rapist”--beyond the individuals who perpetuate violence and toward the organizations through whom violence is authorized and distributed. Dr. Lockwood Harris makes the provocative claim that organizations communicate differently but no less impactfully than direct action and advocates for a new perspective on what it means for an organization to do violence along raced and gendered lines in today’s higher education climate. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Michael Bobelian has written a history of the nomination of Abe Fortas to be Chief Justice of the U.S. Supreme Court in 1968. In Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon and the Forging of the Modern Supreme Court (Schaffner, 2019), he reminds us of the intense political battle over Lyndon Johnson’s legacy nomination of then-associate justice Abe Fortas to the chief justiceship. Bobelian’s account, relying upon a wealth of archival materials, including primary sources from presidential libraries, Senate hearings, and interviews, recreates the political world of Washington, D.C. in the 1960s, during the height of the Warren Court’s influence. Bobelian assesses the motives for various actors, such as segregationist Strom Thurmond, moderate Robert Griffin, and liberals Abe Fortas and Earl Warren, in their roles in the nomination process. He makes the argument that the politicization of the nomination process did not begin with Robert Bork’s nomination in 1987, but truly began with the nomination of Fortas. Bobelian also considers the political and popular responses to the then-novel consistently activist Warren Court and how the Fortas nomination and the opposition to it were motivated by combinations of jurisprudential ideology, institutional prerogatives, and the dynamics of personal relationships. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It seems unthinkable that citizens of one of the most powerful nations in the world must risk their lives and livelihoods in the search for access to necessary health care. And yet it is no surprise that in many places throughout the United States, getting an abortion can be a monumental challenge. Anti-choice politicians and activists have worked tirelessly to impose needless restrictions on this straightforward medical procedure that, at best, delay it and, at worst, create medical risks and deny women their constitutionally protected right to choose. Obstacle Course: The Everyday Struggle to Get an Abortion in America (University of California Press, 2020) tells the story of abortion in America, capturing a disturbing reality of insurmountable barriers people face when trying to exercise their legal rights to medical services. Authors David S. Cohen and Carole Joffe lay bare the often arduous and unnecessarily burdensome process of terminating a pregnancy: the sabotaged decision-making, clinics in remote locations, insurance bans, harassing protesters, forced ultrasounds and dishonest medical information, arbitrary waiting periods, and unjustified procedure limitations. Based on patients’ stories as well as interviews with abortion providers and allies from every state in the country, Obstacle Course reveals the unstoppable determination required of women in the pursuit of reproductive autonomy as well as the incredible commitment of abortion providers. Without the efforts of an unheralded army of medical professionals, clinic administrators, counselors, activists, and volunteers, what is a legal right would be meaningless for the almost one million people per year who get abortions. There is a better way—treating abortion like any other form of health care—but the United States is a long way from that ideal. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Three years after the withdrawal of the Open Internet Order – then-President Barack Obama’s attempt at codifying network neutrality by prohibiting internet service providers from discriminating between content – by the Federal Communications Commission, a need to holistically understand the net neutrality debates still exists. How can we make sense of the intensification of controversy, the advocacy and protests, and the political and corporate wrangling? In his new book, The Paradoxes of Network Neutralities (MIT Press, 2019), Russell A. Newman, an assistant professor at Emerson College, sets out to provide an explication of the debates surrounding network neutrality. To do this, Newman critically examines the narratives put forth that erase elements foundational for interpreting the trajectory of open internet regulation, as well as comprehending the systems and impacts of internet advocacy, and the disparate rhetorics involved in this cause. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
America has the largest incarcerated population in the world. This staggering and troubling fact has driven a great deal of scholarship. Much of this research has shown that mass incarceration in America is facilitated by systemic racial discrimination, which disproportionately affects African-American and Latinx communities. Only recently have scholars focused on the role of religion in American prisons. In American Prisons: A Critical Primer on Culture and Conversion to Islam (First Edition Design, 2017), SpearIt, Professor in the Thurgood Marshall School of Law at Texas Southern University, brings the subject of incarcerated Muslims into focus. The collection of essays synthesizes SpearIt’s legal and academic work on issues of conversion, radicalization, and Muslim prisoner rights. Overall, the collection demonstrates that prisons are a crucial space for understanding the history of Muslims in America. In our conversation we discussed how Muslims have shaped religious life in prisons, the everyday challenges of incarceration, prison as a center for religious conversion, reasons prisoners chose Islam while incarcerated, prison administrators’ and policy makers’ definitions of radicalization, Muslim hip hop in the age of mass incarceration, incarcerated Latinx communities, and strategies to improve the criminal justice system. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kpeterse@odu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
If you’re a grad student facing the ugly reality of finding a tenure-track job, you could easily be forgiven for thinking about a career change. However, if you’ve spent the last several years working on a PhD, or if you’re a faculty member whose career has basically consisted of higher ed, switching isn’t so easy. PhD holders are mostly trained to work as professors, and making easy connections to other careers is no mean feat. Because the people you know were generally trained to do the same sorts of things, an easy source of advice might not be there for you. Thankfully, for anybody who wishes there was a guidebook that would just break all of this down, that book has now been written. Going Alt-Ac: A Guide to Alternative Academic Careers (Stylus Publishing, 2020) by Kathryn E. Linder, Kevin Kelly, and Thomas J. Tobin offers practical advice and step-by-step instructions on how to decide if you want to leave behind academia and how to start searching for a new career. If a lot of career advice is too vague or too ambiguous, this book corrects that by outlining not just how to figure out what you might want to do, but critically, how you might go about accomplishing that. Zeb Larson is a recent graduate of The Ohio State University with a PhD in History. His research deals with the anti-apartheid movement in the United States. To suggest a recent title or to contact him, please send an e-mail to zeb.larson@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Much of the confusion about a central event in United States history begins with the name the "Civil War." In reality, the Civil War was not merely civil--meaning national--and not merely a war, but instead an international conflict of ideas as well as armies. Its implications transformed the U.S. Constitution and reshaped a world order, as political and economic systems grounded in slavery and empire clashed with the democratic process of republican forms of government. And it spilled over national boundaries, tying the United States together with Cuba, Spain, Mexico, Britain, and France in a struggle over the future of slavery and of republics. In The Second American Revolution: The Civil War-Era Struggle over Cuba and the Rebirth of the American Republic (University of North Carolina Press, 2019), Gregory P. Downs argues that we can see the Civil War anew by understanding it as a revolution. More than a fight to preserve the Union and end slavery, the conflict refashioned a nation, in part by remaking its Constitution. More than a struggle of brother against brother, it entailed remaking an Atlantic world that centered in surprising ways on Cuba and Spain. Downs introduces a range of actors not often considered as central to the conflict but clearly engaged in broader questions and acts they regarded as revolutionary. This expansive canvas allows Downs to describe a broad and world-shaking war with implications far greater than often recognized. Ryan Tripp is part-time and full-time adjunct history faculty at California community colleges as well as the College of Online and Continuing Education at Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why do even successful clean energy policies fail to create momentum for more renewable energy? In her new book Short Circuiting Policy: Interest Groups and the Battle Over Clean Energy and Climate Policy in the American States (Oxford University Press, 2020), Leah Stokes analyzes policy-making in Texas, Kansas, Arizona, and Ohio to understand the dynamics of clean energy policy. This remarkably ambitious work urges political scientists to refocus on the manner in which interest groups prevent or reverse clean energy policies. Her case studies reveal the particular conditions and mechanisms through which interest groups “short circuit” policy by undermining and obscuring policy feedback. This rich and nuanced qualitative study of several cases yields insights on the role that ambiguity plays in policy change. The “fog of enactment” (the gap between actors expectations and the policy’s actual outcome) helps explain why it is so difficult to implement clean energy policy. Because ambiguity shrinks after implementation and actors learn and update their beliefs, powerful fossil fuel interest groups can drive policy changes after implementation in ways that thwart clean energy policy. The book translates climate science for political scientists – and presents political dynamics in a manner accessible to all readers who care about climate change. The podcast includes a fascinating discussion of how the findings of the book map onto the policies and priorities of the Democratic candidates for the presidency. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is often said that with the election of Donald Trump nativism was raised from the dead. After all, here was a president who organized his campaign around a rhetoric of unvarnished racism and xenophobia. Among his first acts on taking office was to issue an executive order blocking Muslim immigrants from entering the United States. But although his actions may often seem unprecedented, they are not as unusual as many people believe. This story doesn’t begin with Trump. For decades, Republicans and Democrats alike have employed xenophobic ideas and policies, declaring time and again that “illegal immigration” is a threat to the nation’s security, wellbeing, and future. The profound forces of all-American nativism have, in fact, been pushing politics so far to the right over the last forty years that, for many people, Trump began to look reasonable. As Daniel Denvir argues, issues as diverse as austerity economics, free trade, mass incarceration, the drug war, the contours of the post 9/11 security state, and, yes, Donald Trump and the Alt-Right movement are united by the ideology of nativism, which binds together assorted anxieties and concerns into a ruthless political project. All-American Nativism: How the Bipartisan War on Immigrants Explains Politics as We Know It (Verso, 2020) provides a powerful and impressively researched account of the long but often forgotten history that gave us Donald Trump. Join us to hear Daniel Denvir lay out the grim history and current state of US immigration politics and policy. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What standard should be used to assess presidential misconduct during the Trump presidency? How should the public, press, Congress, and bureaucracy resist and punish executive misconduct? Presidential Misconduct: From George Washington to Today (The New Press, 2019) insists we must look back to look forward. The book provides a comprehensive study of American presidents' misconduct and their response to charges against them. The book provides a unique context by which to understand and evaluate the impeachment of Donald Trump. The origins of the book are unique. During the 1974 Nixon impeachment hearings, committee leaders ask a group of historians to catalogue presidential misconduct – in 8 weeks. This updated edition provides case studies through the presidency of Barack Obama as well as an excellent introduction by James M. Banner, Jr. (one of the original authors of the 1974 study who also provides chapters on Jefferson, Madison, and Monroe). Jeremi Suri’s analysis of Ronald Reagan’s presidency (EPA, HUD, illegal lobbying, Pentagon bribes and kickbacks, Savings and Loan, Iran-Contra) concludes that Reagan’s personal integrity contrasts with the managerial negligence and deregulation that “encouraged corruption and law-breaking.” Although Reagan did not profit personally, his penchant for deregulation and dislike of confrontation created an environment which made possible crimes committed by others. In her chapter on Bill Clinton, Kathryn Cramer Brownell highlights how changes in television and cable (the twenty-four hour news) impacted the presidency. Through an analysis of Travelgate, Whitewater, 1996 Campaign Finance Violations, and Monica Lewinsky, Brownell concludes that the “line between public and private life, as well as the public’s distinction between the two, disappeared during the Clinton administration.” During the podcast, Brownell expands on complex issues of gender and the separation of public and private. The podcast concludes with thoughts on how a historical review of presidential misconduct informs our understanding of the impeachment of President Trump and the impact of public vigilance in American politics. Susan Liebell is associate professor of political science at Saint Joseph’s University in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Over the course of less than a century, the U.S. transformed from a nation that excluded Asians from immigration and citizenship to one that receives more immigrants from Asia than from anywhere else in the world. Yet questions of how that dramatic shift took place have long gone unanswered. In Gates to Asia: A Transpacific History of How America Repealed Asian Exclusion (University of North Carolina Press, 2019), Jane H. Hong unearths the transpacific movement that successfully ended restrictions on Asian immigration. The mid-twentieth century repeal of Asian exclusion, Hong shows, was part of the price of America's postwar empire in Asia. The demands of U.S. empire-building during an era of decolonization created new opportunities for advocates from both the U.S. and Asia to lobby U.S. Congress for repeal. Drawing from sources in the United States, India, and the Philippines, Opening the Gates to Asia charts a movement more than twenty years in the making. Positioning repeal at the intersection of U.S. civil rights struggles and Asian decolonization, Hong raises thorny questions about the meanings of nation, independence, and citizenship on the global stage. This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Hong is an assistant professor of history at Occidental College where she specializes in 20th-century U.S. immigration and engagement with the world, with a focus on Asia. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018), Joseph Blocher and Darrell A.H. Miller insist that the Second Amendment is widely recognized but fundamentally misunderstood by the public and public officials. Misconceptions about what the amendment allows, forbids, and how it function as law distort American debates and public policy. Blocher and Miller provide a nuanced synthesis of politics, history, and legal arguments to recover a more balanced discourse – what they call a “positive” Second Amendment” – that accommodates both a right to bear arms and reasonable regulation. Blocher and Miller begin with a puzzle. After the Sandy Hook shootings, 90% of the public and 74% of NRA members supported background checks for guns purchased at gun shows and online – yet the Manchin-Toomey Amendment failed in the Senate. The power of interest groups, Blocher and Miller insist, does not fully explain the disconnect between public opinion and policy. Examining the powerful constitutional rhetoric around what is “allowed” by the Second Amendment provides a fuller picture of the political and legal landscape. The book systematically works through the legal history of the amendment to demonstrate how extremists on both sides fail to understand the Second Amendment. Written in clear terms (such that it can be read by citizens, students, and scholars), The Positive Second Amendment provides accessible and balanced scholarship on a polarizing topic in politics and law. The podcast concludes with thoughts on the firearms law case heard by the Supreme Court in December 2019. Susan Liebell is associate professor of political science at Saint Joseph’s University Carroll in Philadelphia. She is the author of Democracy, Intelligent Design, and Evolution: Science for Citizenship (Routledge, 2013). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
One of the central pillars of US counterterrorism policy is that capturing or killing a terrorist group's leader is effective. Yet this pillar rests more on a foundation of faith than facts. In Leadership Decapitation: Strategic Targeting of Terrorist Organizations (Stanford University Press, 2019), Jenna Jordan examines over a thousand instances of leadership targeting—involving groups such as Hamas, al Qaeda, Shining Path, and ISIS—to identify the successes, failures, and unintended consequences of this strategy. As Jordan demonstrates, group infrastructure, ideology, and popular support all play a role in determining how and why leadership decapitation succeeds or fails. Taking heed of these conditions is essential to an effective counterterrorism policy going forward. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did Muslims respond to foreign goods in an age characterized by global exchange and European imperial expansion? What sort of legal reasoning did scholars apply in order to appropriate – or reject – items like the synthetic toothbrush, toilet paper, gramophones, photographs, railway lines, banknotes, hats, and other commodities? What role did laypeople play in shaping the contours of the scholarly debates around these items and projects? How did the entanglements of imperial power plays affect the decisions made by these scholars and laypersons? In Modern Things on Trial: Islam’s Global and Material Reformation in the Age of Rida, 1865-1935 (Columbia University Press, 2019), Leor Halevi tackles these questions by exploring how Muslim reformers employed sophisticated legal reasoning rooted in textual sources as well as social context to account for the introduction of these new commodities, technologies, and laws in their rapidly changing societies. By focusing on the works of Rashid Rida – the Syrian-Egyptian publisher of Al-Manar – Halevi demonstrates how modern technological advancements also transformed the very processes of Islamic law, as lay inquirers became central actors in shaping the contours of the discussion. Thus, through his analysis, Halevi creates a space for reading the development of Islamic law in this period as an “Islamic law from below.” The portrait emerges of an enchanting global journey across time and space in the Muslim-majority world as we witness an Islamic tradition that was actively – and critically – engaged in modernity’s premises through the trials of modern things. Asad Dandia is a graduate student of Islamic Studies at Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"―modern marketing's march to create a world where advertising can be expected anywhere and anytime―has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. In Adcreep: The Case Against Modern Marketing (Stanford Law Books, 2017), Mark Bartholomew journeys through the curious and sometimes troubling world of modern advertising. Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his provocative new book, Public City/Public Sex: Homosexuality, Prostitution, and Urban Culture in Nineteenth-Century Paris (Temple University Press, 2019), Dr. Andrew Israel Ross maps out the intersection between histories of sexualities and the urban history of Paris in the 1800s. He examines how the regulation of public sex created new ways of understanding the relationship between individuals and the spaces they inhabited. In this interview, he discusses the policing of prostitution through government-sanctioned brothels, efforts to regulate male same-sex sexual activity at the city’s public urinals, Haussmannization and the creation of new sites for public sex, and the emergence of new sexual identities in the Third Republic. Beth Mauldin is an Associate Professor of French at Georgia Gwinnett College in Lawrenceville, Georgia. Her research interests include French cultural studies, film, and the social and cultural history of Paris. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Immigration is one of the most complex issues of our time in the United States and around the world. Enforcing immigration law in the U.S. involves a mix of courts and executive agencies with lots of opportunities for confusion, miscommunication, and changes in approach from administration to administration. While these things are nothing new, they take on a new dimension when the lives of undocumented immigrants and asylum seekers are at stake. Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar and Founding Director of the Center for Immigrants’ Rights Clinic at Penn State Law in University Park, is an expert in immigration law and joins us this week to discuss how discretion, checks and balances, and the rule of law figure into immigration enforcement — particularly in the Trump administration. Her new book, Banned: Immigration Enforcement in the Time of Trump (New York University Press, 2019), includes interviews with former immigration officials and people impacted by the Trump administration’s immigration policies. Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station.
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Stanley Fish is a well-known scholar regarding the First Amendment and free speech. In his latest book, The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-truth, and Donald Trump (One Signal, 2019), Professor Fish discusses the popular and legal meanings of the First Amendment’s speech and religion clauses. He argues that speech is not an apolitical concept, but is in fact often invoked for political purposes. Although he favors a robust zone of free speech, he is careful to note what speech law does and should protect versus what it does not, or should not, protect. He makes distinctions between freedom of inquiry in an academic setting and the claims of absolutists regarding free speech on campuses. He is also concerned with what he considers the “poor fit” of the modern interpretation of the religion clauses (Free Exercise and Establishment Clauses) with the Constitution’s concerns with individual liberty. In addition to the Constitution, Professor Fish discusses the roles of sunshine laws, post-modern interpretations of speech, and the political speech phenomenon of Donald Trump. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“The things that are happening to North Korea are happening to all of us…they are part of the human community. To say that this is just a problem for North Korea is to say that North Koreans are not part of the human community.” In her new book, Dying for Rights: Putting North Korea’s Human Rights Abuses on the Record (Columbia University Press, 2019), Sandra Fahy gives a thorough and compelling analysis of testimonies and reports on North Korea. Fahy explores the United Nation’s report as well as North Korea’s response to the report. The book also tackles issues of famine and hunger, information control, movement within the country and outside it, in addition to other pertinent issues. The book is full of detailed reporting on the issues but is still written in an accessible way in order to help readers understand more about North Korea and its people. Sarah E. Patterson is a Postdoctoral Fellow at the University of Michigan. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Professor Talitha LeFlouria, a fellow at the Carter G. Woodson Institute at the University of Virginia, discusses her book, Chained in Silence: Black Women and Convict Labor in the New South (University of North Carolina Press, 2016) and the lives, labors, and legacies of incarcerated black women and the convict lease system in the early 20th century South. In 1868, the state of Georgia began to make its rapidly growing population of prisoners available for hire. The resulting convict leasing system ensnared not only men but also African American women, who were forced to labor in camps and factories to make profits for private investors. In this vivid work of history, LeFlouria draws from a rich array of primary sources to piece together the stories of these women, recounting what they endured in Georgia's prison system and what their labor accomplished. LeFlouria argues that African American women's presence within the convict lease and chain-gang systems of Georgia helped to modernize the South by creating a new and dynamic set of skills for black women. At the same time, female inmates struggled to resist physical and sexual exploitation and to preserve their human dignity within a hostile climate of terror. This revealing history redefines the social context of black women's lives and labor in the New South and allows their stories to be told for the first time. Beth A. English is director of the Liechtenstein Institute's Project on Gender in the Global Community at Princeton University. She also is a past president of the Southern Labor History Association.
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Long-term solitary confinement meets the legal definition of torture, and yet solitary confinement is used in every state in the United States. People are placed in solitary confinement for a variety of reasons, and long-term solitary confinement can have a harmful effect on mental and physical health. Reform is happening, but the use of solitary confinement is still a problem in the US. Taylor Pendergrass, a lawyer who works on criminal justice reform for the ACLU, has spent over a decade collecting stories of people who have been impacted by the criminal justice system. Along with Mateo Hoke, he has co-edited the book Six by Ten: Stories from Solitary (Haymarket, 2018). In addition to a primer and brief history of solitary confinement, the book consists of personal history narratives. The stories are by people who have spent time in solitary confinement, family members, and people who have worked in prison systems. Voices of people who are, or have been, in solitary confinement are rare to hear, because they oppressed and difficult to access. The stories in this book are powerful, nuanced, and complex, and give readers a better understanding of the impact of solitary confinement on people’s lives. In this interview, Pendergrass describes the conditions and psychological impact of solitary both during and after incarceration. He also discusses the history and rational behind solitary confinement in the US, progress toward criminal justice reform, and ways people can help. Resources mentioned in this interview: -NY Times Articles about solitary confinement in Colorado by Rick Raemisch here and here. -Pen Pal program with people in solitary confinement here. -Article by Craig Haney, Department of Psychology, University of California, Santa Cruz, an overview of research on the psychological impact of solitary confinement here. Debbie Sorensen, Ph.D. is a licensed psychologist practicing in Denver, Colorado and a co-host of the podcast Psychologists Off The Clock. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
For nearly two decades the renowned legal historian G. Edward White has been writing a multi-volume history of law in America. In his third and concluding volume, Law in American History, Volume III: 1930-2000 (Oxford UP, 2019), he surveys the many developments in American law from the middle of the 20th century to the case of Bush v. Gore. One of the most important of these developments was the emergence of American jurisprudence, a philosophy of how judges should apply the law. As White demonstrates, this new interpretation of judges as individual actors in the shaping of legal interpretation emerged while federal agencies moved toward agency governance, which was underpinned by the notion of a factual, scientific basis towards decision-making. At the same time, lawmakers pursued what White terms the “statutorification” of common law, while all branches wrestled with the need to establish the legal framework for the developments in mass communications that characterized the era. Throughout all of this the Supreme Court played a dominant role in shaping American law and White analyzes their decisions in a half-dozen fields, including the often controversial rulings dealing with the nation’s political process, culminating with their decisive intervention in the presidential election of 2000. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What happens when a religion is demonized to such an extent that it is no longer deemed a religion – but an ideology? What effect does such a political refashioning of a religion have on the rights to free expression of its adherents? What are the implications of politicizing and secularizing a religion as it concerns religious liberty and diversity? How does this treatment of one religion set a precedent for treatment of them all? In When Islam Is Not a Religion: Inside America’s Fight for Religious Freedom (Pegasus Books, 2019), Asma T. Uddin grapples precisely with these questions. Through weaving personal narrative, legal training, and historical grounding into her book, Asma breaks down prevailing stereotypes about Muslims and Islam, details the various mechanisms and consequences of religious bigotry and animus, and underscores the importance of religious liberty for all communities in a highly accessible and graceful language. Asad Dandia is a graduate student of Islamic Studies at Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this latest book, Stephen F. Knott continues his extensive research of the American presidency, from the Founders’ concept of the office to the current office holder. In The Lost Soul of the American Presidency: The Decline into Demagoguery and the Prospects for Renewal (University of Kansas Press, 2019), Knott guides the reader through more than 200 years of presidents and the changes that these individuals have brought to the office itself. Knott—a scholar of the founding period, and, in particular, of Alexander Hamilton and the role that he played in establishing the Executive branch in the constitutional system—explores the foundational ideas for the presidency and the ways in which Hamilton and George Washington, as the first inhabitant in that office, tried to establish the office as one that was imbued with dignity while still remaining accessible to the people. The Lost Soul of The American Presidency traces, essentially, what happened next, after Washington left office, and how the pressures and tensions around how the constitutional office continued to work but how that office was complicated by more populist inhabitants, like Thomas Jefferson, Andrew Jackson, Woodrow Wilson, and Franklin Roosevelt. Knott argues that the office has been much changed over the course of history, especially with the integration of public opinion and populism as drivers of how presidents act and makes decisions. Knott, like Hamilton, is greatly concerned with the way that demagoguery and the playing up of polarization and passions have contributed to substantive shifts in office itself and how it is perceived by the citizenry. Ultimately, the book encourages a reconsideration and reestablishment of the original conception of the presidency, one where the character of the person is joined with the dignity and responsibility of the constitutional office. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It has become a truism that work has become less secure and more precarious for a widening swath of American workers. Why and how this has happened, and what workers can and should do about it, is the subject of a wide-ranging new book, Temp: How American Work, American Business, and the American Dream became Temporary (Viking, 2018). In Temp, Louis Hyman, Professor of History at the Industrial and Labor Relations School of Cornell University, presents a detailed history of the unraveling of steady work. Hyman acknowledges that secure, lucrative, meaningful work has never been equally available to all Americans, even amidst the prosperity of the post-WWII era. He also argues compellingly that the shift toward privileging shareholders over employees and short-term profit over long-term prosperity was not inevitable, nor is it irreversible. Jobs are less secure today not because the market demanded it but because, starting as early as the 1950s, executives, consultants, and policy makers decided to make them that way. He details the rise of temp agencies and consultancies as well as the broader political, cultural, economic, and technological shifts that fueled and furthered the move toward insecure work. Listen in as I talk with Professor Hyman about his fascinating work and his ideas about what the path forward might look like for American workers. Carrie Lane is a Professor of American Studies at California State University, Fullerton and author of A Company of One: Insecurity, Independence, and the New World of White-Collar Unemployment. Her research concerns the changing nature of work in the contemporary U.S. She is currently writing a book on the professional organizing industry. To contact her or to suggest a recent title, email clane@fullerton.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Rethinking Human Enhancement: Social Enhancement and Emergent Technologies (Palgrave Macmillan, 2014), Laura Cabrera discusses three possible human enhancement paradigms and explores how each involves different values, uses of technology, and different degrees and kinds of ethical concerns. A new framework is advanced that promotes technological innovation that serves the improvement of the human condition in a respectful and sustainable way. John Danaher is a lecturer the National University of Ireland, Galway. He is also the host of the wonderful podcast Philosophical Disquisitions. You can find it here on Apple Podcasts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What happens to families and communities after immigration raids? William D. Lopez answers this question and more in his new book Separated: Family & Community in the Aftermath of an Immigration Raid (Johns Hopkins UP, 2019). Using ethnographic methods and interviews to deep dive into the aftermath of a local immigration raid, Lopez provides the stories of community members affected by the event and how their lives are changed forever after. The book provides a robust background of information regarding policy issues relevant to the current immigration climate, like the REAL ID act, as well as experiences from a myriad of perspectives. Lopez also draws on lessons from the Black Lives Matter movement and provides a rich discussion of his positionality (called "reflexivity" in research methods). Overall, this book provides a powerful testimony to events happening in our communities and neighborhoods and is written to a wide audience. This book would align well with graduate level courses on policy, families, race and ethnicity, and/or immigration, but would also be accessible to undergraduates. Anyone interested in these topics, inside and outside of higher education, should check this book out. Sarah E. Patterson is a Postdoctoral Fellow at the University Michigan. You can tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Philip M. Napoli has been thinking about algorithmic news and social media feed curation for quite some time, as he acknowledges in his new book, Social Media and the Public Interest: Media Regulation in the Disinformation Age (Columbia University Press, 2019). Initially this topic was not as pressing as it now seems to be, but Napoli has been exploring this issue and and trying to figure out how it might work in terms of regulation – self, governmental, or otherwise – for a while. Social Media and the Public Interest approaches this complex and multi-layered issue from a host of perspectives, leading the reader into the broader discussion through a history of social media, but that history itself is positioned within a brief but important history of the internet and the world wide web. At the same time, the book covers a lot of important ground in thinking about the First Amendment, how journalism operates in the age of social media and an otherwise fluid and changing environment for traditional media. Napoli gets at questions that often lurk at the back of our considerations of social media, not only about what we experience in our use of these platforms, but also how we may, unconsciously, consume the information and news that is presented to us through these “not quite journalistic” entities. This is a fascinating book that opens up a lot of penetrating questions about our social media environment, how we think about journalism, what the role of regulation might be in terms of both technology and media, and how all these threads intersect within politics. This book will be of interest to a wide array of readers from a host of backgrounds, and, of course, to anyone who has an interest in understanding the media environment in which we all live. Lilly J. Goren is professor of Political Science at Carroll University in Waukesha, WI. She co-edited the award-winning Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to David H. McIntyre about How to Think about Homeland Security; Volume 1: The Imperfect Intersection of National Security and Public Safety and Volume 2: Risk, Threats, and the New Normal (Rowman & Littlefield, 2019). The next evolution in improving homeland security is to analyze and evaluate various theories of bureaucratic change against the national-level catastrophic threats we are most likely to face. This synthesis provides the bridge between volume 1 (understanding homeland security) and the next in the series (understanding the risk and threats to domestic security). Volume 1: The Imperfect Intersection of National Security and Public Safety explains homeland security as a struggle to meet new national security threats with traditional public safety practitioners. It offers a new solution that reaches beyond training and equipment to change practitioner culture through education. This first volume represents a major new contribution to the literature by recognizing that homeland security is not based on theories of nuclear response or countering terrorism, but on, making bureaucracy work. Volume 2: Risk, Threats and the New Normal explains the new political and technological developments that created new domestic national security threats against the nation and the people of the United States. The book traces the development of and competition between national preparedness (focused on people and property), and civil defense / security (focused on the defense of systems and infrastructure) since the latter days of World War I. Extensive policy research demonstrates a shift in federal (and hence state and local) focus over the last decade from WMD based Threats at the National Security Level (TNSL) back to more traditional hazards and disasters. A framework is offered to analyze and evaluate TNSL dangers to national power; it is applied to a case study involving a nuclear attack. Recommendations are offered to mitigate or prevent the potentially catastrophic aftermath. In Vol 3 this analysis will be extended to other TNSL events (chemical, biological, radiological, etc.) and the actors who must prepare for them. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We’ve all heard that a picture is worth a thousand words, but what if we don’t understand what we’re looking at? Social media has made charts, infographics, and diagrams ubiquitous―and easier to share than ever. We associate charts with science and reason; the flashy visuals are both appealing and persuasive. Pie charts, maps, bar and line graphs, and scatter plots (to name a few) can better inform us, revealing patterns and trends hidden behind the numbers we encounter in our lives. In short, good charts make us smarter―if we know how to read them. However, they can also lead us astray. Charts lie in a variety of ways―displaying incomplete or inaccurate data, suggesting misleading patterns, and concealing uncertainty―or are frequently misunderstood, such as the confusing cone of uncertainty maps shown on TV every hurricane season. To make matters worse, many of us are ill-equipped to interpret the visuals that politicians, journalists, advertisers, and even our employers present each day, enabling bad actors to easily manipulate them to promote their own agendas. In How Charts Lie: Getting Smarter about Visual Information (W. W. Norton, 2019), data visualization expert Alberto Cairo teaches us to not only spot the lies in deceptive visuals, but also to take advantage of good ones to understand complex stories. Public conversations are increasingly propelled by numbers, and to make sense of them we must be able to decode and use visual information. By examining contemporary examples ranging from election-result infographics to global GDP maps and box-office record charts, How Charts Lie demystifies an essential new literacy, one that will make us better equipped to navigate our data-driven world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work. James Gordon Finlayson, reader in philosophy and director of the Centre for Social and Political Thought at the University of Sussex, examines and contextualizes The Habermas-Rawls Debate (Columbia University Press, 2019). He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jana Byars talks with Elizabeth Bernstein, Professor of Women’s, Gender, and Sexuality Studies at Barnard College about her newest book, Brokered Subjects: Sex, Trafficking and the Politics of Freedom (University of Chicago, 2018). This book provides an overview of feminist discourse on sex trafficking from its earliest incarnations, through its present form, noting the ongoing, and occasionally uneasy partnership between radical feminists and evangelical Christians. This lively discussion, the author explains the capitalist, neo-liberal, often religious groups spearheading the global anti-trafficking movement. We talk about “carceral feminism,” reality tourism, and the corporations who make money through the women they “save.” Bernstein’s book, in her own words, reveals, “the complex intertwining of gender and sexuality with state and metastate interests.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Creating the Law: State Supreme Court Opinions and The Effect of Audiences (Routledge, 2019), Michael Romano and Todd Curry examine whether judges tailor their language in order to avoid retribution during their retention elections. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry examine the connection between retention incentives and legal language choices. In doing so, they find that judges write with their audience in mind, and emphasize dueling strategies of justification and persuasion in order to appeal to diverse audiences that may be paying attention. Michael Romano is an assistant professor of political science at Shenandoah University; Todd Curry is an associate professor of political science at the University of Texas, El Paso. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The First Amendment and a strong Fourth Estate are essential to a healthy democracy. David McCraw spends his days making sure that journalists can do their work in the United States and around the world. This includes responding to libel suits and legal threats, reviewing stories that are likely to be the subject of a lawsuit, helping reporters who run into trouble abroad, filing Freedom of Information Act requests, and much more. Today we talk to McCraw, the Deputy General Counsel of the New York Times and author of Truth in Our Times: Inside the Fight for Press Freedom in the Age of Alternative Facts (All Points Books, 2019). Democracy Works is created by the McCourtney Institute for Democracy at Penn State and recorded at WPSU Penn State, central Pennsylvania’s NPR station.
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We Americans are defined by our Constitution and we cherish especially the First and Second Amendments. But like all texts, the Constitution can be read to empower and protect our individual rights, but it can also be used selectively, self-servingly, and in bad faith. And the Constitution guarantees two things: our own personal liberties, unfettered by threats from the government, and equal treatment before the law. So is online harassment, assault weapons in every hand, and hate speech the price we all pay for the freedoms we enjoy? Or is is the price that certain people pay and others don't? Professor Mary Anne Franks, author of The Cult of the Constitution (Stanford University Press, 2019) is an expert on the First and Second Amendments and the author of several legislative bills that now govern the nonconsensual pictures of intimacy distributed online (also called "revenge porn"). She asks whether our country's faith and belief in the Constitution amounts to something like a cult, where unquestioning belief is expected of the many while a small elite decides which rights matter to whom, and who has to pay the price for other people's liberty. Professor Franks maintains that our commitment to the rule of law is now more important than even before, and that such a commitment requires a critical and intelligent reading of the Constitution, rather than blind faith. We also discussed why so many white men claim that they are victims of censorship and free speech suppression when internet platforms decline to host them, and why this argument of who is more oppressed ends up evading the tougher questions of how the Amendments work in the real world. Are disputes over the Amendments really solved with more guns, more speech, more internet? Or are there better ways of countering real-world violence, harassment, inequality, and threats? Uli Baer is a professor at New York University. He is also the host of the excellent podcast "Think About It" Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode of Talking Legal History, Siobhan talks with William P. Hustwit about his book Integration Now: Alexander v. Holmes and the End of Jim Crow Education (UNC Press, 2019). Hustwit is the Associate Professor of History and Chair of the History Department at Birmingham-Southern College. Fifty years after the Supreme Court decision, Integration Now explores how studying the case Alexander v. Holmes (1969) enhances understandings of the history underlying school desegregation. This episode is part of a series featuring legal history works from UNC Press. Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington. Support for the production of this series was provided by the Versatile Humanists at Duke program. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I talked to S. Deborah Kang about her book The INS on the Line: Making Immigration Law on the US-Mexico Border, 1917-1954, published by Oxford University Press in 2017. The INS on the Line explores the history behind Immigration and Naturalization Service throughout the 20th Century, interrogating how this agency was critical to the creation and re-creation of immigration law during this time period. Kang shows that the INS did not just think of itself as a law enforcement agency, but through numerous legal innovations and interpretations, embraced an identity as a lawmaking body responsible for balancing the money competing interests in local, regional, and national geographies. S. Deborah Kang is an Associate Professor of history at California State University San Marcos. She is currently studing the relationship between law and society on both the United States’ southern and northern borders. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Can justice heal? Must there be justice in order to heal? Is there such a thing as justice, something to be striven for regardless of context? Alexander L. Hinton thinks through these questions in a pair of new books. The two are companion pieces, each using Cambodia in a different way as a lens through which to look at the notion of transitional justice. In The Justice Facade: Trials of Transition in Cambodia (Oxford University Press, 2018), he argues there is something deeply mistaken in the way thinkers and practitioners have imagined and employed transitional justice in the past half-century. Justice, Hinton argues, is much more deeply embedded in localities and particularity than conventional notions of transitional justice allow. Rather than striving toward a universal notion of justice, what is needed is a deeply rooted sense of the way local actors, organizations and values understand and respond to calls for justice. Transitional justice requires a thorough understanding of local societies, of the way that global and local institutions intersect and interact. In Man or Monster?: The Trial of a Khmer Rouge Torturer (Duke University Press, 2016), Hinton turns his eye toward a more granular question of justice. Hinton witnessed most of the trial of Duch, the Khmer Rouge commander of the S-21 prison. The book takes us through the trial day by day, carefully observing not just the words spoken, but the manner and responses of witnesses and judges. In doing so, Hinton asks us to wonder how we should understand someone like Duch, someone who oversaw the murder of thousands of people yet presented himself as trapped by orders and by context. Using the words of the prosecutor and defense attorneys, he wonders whether we should better understand Duch as a man or as a monster, and asks what it would mean if we accepted his essential humanity. Kelly McFall is Professor of History and Director of the Honors Program at Newman University. He’s the author of four modules in the Reacting to the Past series, including The Needs of Others: Human Rights, International Organizations and Intervention in Rwanda, 1994, published by W. W. Norton Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As you may know, university presses publish a lot of good books. In fact, they publish thousands of them every year. They are different from most trade books in that most of them are what you might called "fundamental research." Their authors--dedicated researchers one and all--provide the scholarly stuff upon which many non-fiction trade books are based. So when you are reading, say, a popular history, you are often reading UP books at one remove. Of course, some UP books are also bestsellers, and they are all well written (and, I should say, thoroughly vetted thanks to the peer review system), but the greatest contribution of UPs is to provide a base of fundamental research to the public. And they do a great job of it. How do they do it? Today I talked to Kathryn Conrad, the president of the Association of University Presses, about the work of UPs, the challenges they face, and some terrific new directions they are going. We also talked about why, if you have a scholarly book in progress, you should talk to UP editors early and often. And she explains how! Listen in. Marshall Poe is the editor of the New Books Network. He can be reached at marshallpoe@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Founded in 1919 along with the League of Nations, the International Labour Organization (ILO) establishes labor standards and produces knowledge about the world of work, serving as a forum for nations, unions, and employer associations. Before WWII, it focused on enhancing conditions for male industrial workers in Western, often imperial, economies, while restricting the circumstances of women's labors. Over time, the ILO embraced non-discrimination and equal treatment. It now promotes fair globalization, standardized employment and decent work for women in the developing world. In Making the Woman Worker: Precarious Labor and the Fight for Global Standards, 1919-2019 (Oxford University Press, 2019), Eileen Boris illuminates the ILO's transformation in the context of the long fight for social justice. Boris analyzes three ways in which the ILO has classified the division of labor: between women and men from 1919 to 1958; between women in the global south and the west from 1955 to 1996; and between the earning and care needs of all workers from 1990s to today. Before 1945, the ILO focused on distinguishing feminized labor from male workers, whom the organization prioritized. But when the world needed more women workers, the ILO (a UN agency after WWII) highlighted the global differences in women's work, began to combat sexism in the workplace, and declared care work essential to women's labor participation. Today, the ILO enters its second century with a mission to protect the interests of all workers in the face of increasingly globalized supply chains, the digitization of homework, and cross-border labor trafficking. Eileen Boris is the Hull Professor and Chair of the Department of Feminist Studies at the University of California, Santa Barbara, where she directs the Center for Research on Women and Social Justice. Beth A. English is director of the Liechtenstein Institute’s Project on Gender in the Global Community at Princeton University. She also is a past president of the Southern Labor History Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
While monarchs throughout history used their power to make laws as a tool for governing their realms, rarely did they undertake the long and detailed work of drawing up an entire legal code. One of the few who did so was the Castilian king Alfonso X, and as Joseph F. O'Callaghan explains in his book Alfonso X, the Justinian of His Age: Law and Justice in Thirteenth-Century Castile (Cornell University Press, 2019) this legal code provides insights into both his reign and the larger issues facing his kingdom in the Middle Ages. As O’Callaghan details, many of its provisions were drawn up in response to the problems Alfonso dealt with as king, and the laws that formed the code reflected his means for addressing them. Yet this was just one factor shaping a comprehensive civil and criminal code that covered everything for the responsibilities of the crown to the legal processes available to his subjects. While the code reflected the many concerns of Alfonso’s age O’Callaghan demonstrates how its legacy is still felt today, as jurists and legal scholars on three continents continue to draw upon its precedents in shaping their analyses. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Born into slavery, Henrietta Wood was taken to Cincinnati and legally freed in 1848. In 1853, a Kentucky deputy sheriff named Zebulon Ward colluded with Wood's employer, abducted her, and sold her back into bondage. She remained enslaved throughout the Civil War, giving birth to a son in Mississippi and never forgetting who had put her in this position. By 1869, Wood had obtained her freedom for a second time and returned to Cincinnati, where she sued Ward for damages in 1870. Astonishingly, after eight years of litigation, Wood won her case: in 1878, a Federal jury awarded her $2,500. The decision stuck on appeal. More important than the amount, though the largest ever awarded by an American court in restitution for slavery, was the fact that any money was awarded at all. By the time the case was decided, Ward had become a wealthy businessman and a pioneer of convict leasing in the South. Wood's son later became a prominent Chicago lawyer, and she went on to live until 1912. W. Caleb McDaniel's book is an epic tale of a black woman who survived slavery twice and who achieved more than merely a moral victory over one of her oppressors. Above all, Sweet Taste of Liberty: A True Story of Slavery and Restitution in America (Oxford University Press, 2019) is a portrait of an extraordinary individual as well as a searing reminder of the lessons of her story, which establish beyond question the connections between slavery and the prison system that rose in its place. Adam X. McNeil is a History PhD student at Rutgers University-New Brunswick. McNeil also regularly contributes to Black Perspectives and The Junto. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From 1931 to 1945, leaders of the SS sought to transform their organization into a racially-elite family community that would serve as the Third Reich’s new aristocracy. They utilized the science of eugenics to convince SS men to marry suitable wives and have many children. In her new book entitled Marriage and Fatherhood in the Nazi SS (University of Toronto Press, 2018), Amy Carney assesses the role of SS men as husbands and fathers during the Third Reich. The family community, and the place of men in this community, started with one simple order issued by SS leader Heinrich Himmler. He and other SS leaders continued to develop the family community throughout the 1930s, and not even the Second World War deterred them from pursuing their racial ambitions. Carney’s insight into the eugenic-based measures used to encourage SS men to marry and to establish families sheds new light on their responsibilities not only as soldiers, but as husbands and fathers as well. Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Until Jessica Hinchy’s latest book, Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900 (Cambridge University Press, 2019), there was no single monograph dedicated to the history of the Hijra community. Perhaps this silence can bear the loudest testament of the marginalization this gender non-confirming community was subjected to under British colonial rule. This book is, therefore, important not only because of its efforts to humanize and situate this community amid the anxieties and hubristic ambitions of colonial rule, but also because it documents the ability many Hijras have to preserve in spite of systematic policing and criminalization. More importantly, perhaps, Jessica Hinchy reveals that the Hijras’ were not just surveilled or marginalized; British colonial authorities ultimately aimed to eradicate and eliminate the community entirely. Jessica Hinchy is Assistant Professor in History at the Nanyang Technological University, in Singapore. Her research examines gender, sexuality and colonialism in India. In addition to studying the history of the transgender Hijra community under British colonial rule, Dr. Hinchy has also explored problems related to slavery, masculinity, and indirect colonial rule in India through several publications on Khwajasarai eunuch-slaves. She has also investigated the history of childhood, in particular in relation to sexuality and slavery. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The things that make people academics -- as deep fascination with some arcane subject, often bordering on obsession, and a comfort with the solitude that developing expertise requires -- do not necessarily make us good teachers. Jessamyn Neuhaus’s Geeky Pedagogy: A Guide for Intellectuals, Introverts, and Nerds Who Want to Be Effective Teachers (West Virginia University Press, 2019) helps us to identify and embrace that geekiness in us and then offers practical, step-by-step guidelines for how to turn it to effective pedagogy. It’s a sharp, slim, and entertaining volume that can make better teachers of us all. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Partisan Republic: Democracy, Exclusion, and the Fall of the Founders’ Constitution, 1780s-1830s (Cambridge University Press, 2019) is the first book to unite a top down and bottom up account of constitutional change in the Founding era. Gerald Leonard, Professor of Law at Boston University School of Law, and Saul Cornell, Paul and Diane Guenther Chair in American History at Fordham University, focus on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University.
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In his new book, The Investigator: Demons of the Balkan War (University of Nebraska Press, 2019), Vladimir Dzuro, a retired Czech police commissioner, provides a first-hand look at the establishment of the International Crime Tribunal for Yugoslavia to prosecute Balkan war criminals. In contrast to the Nuremberg trials, these trials relied upon the traditional work of police detectives to provide the evidence and witnesses for the trials in the Hague. Through his thoughtful yet tantalizing narrative, Dzuro humanizes both the victims and the perpetrators of these late twentieth century acts of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
World War II played an important role in the trajectory of race and American political development, but the War's effects were much more complex than many assume. In order to unpack these complexities and mine underutilized sources of public opinion data, Steven White had written World War II and American Racial Politics: Public Opinion, the Presidency, and Civil Rights Advocacy (Cambridge University Press, 2019). White is an assistant professor of political science at Syracuse University. White offers an extensive analysis of rarely used survey data and archival evidence to assess white racial attitudes and the White house response to civil rights. Intriguingly, he shows that the white public's racial policy opinions largely DID NOT liberalize during the war against Nazi Germany and Congress remained unwilling to act on a civil rights policy agenda. Painfully aware of this, civil rights advocates shifted venues to lobby for unilateral action by the president. This book offers a reinterpretation of this critical period in American political development, as well as implications for the theoretical relationship between war and the inclusion of marginalized groups in democratic societies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws. Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa. They are Charles Abrahams’ Class Action: In Pursuit of a Larger Life (Penguin South Africa, 2019); Fiona Ross’ Bearing Witness: Women and the Truth and Reconciliation in South Africa (Pluto Press, 2002); and Georg Kries’ Switzerland and South Africa 1948-1994 (Peter Lang Publishers, 2007). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Richard Bell is the author of Stolen: Five Free Boys Kidnapped Into Slavery and Their Astonishing Odyssey Home, published by Simon & Schuster in 2019. Stolen tells the true story of how five young Black boys were kidnapped from Philadelphia in 1825. Dr. Bell recounts the boys’ journey as they were forced to travel south into slavery. Those familiar with Solomon Northup’s Twelve Years A Slave or Erica Dunbar’s Never Caught will find Dr. Bell’s Stolen to be a must read, as he explores how one kidnapping was shaped by the larger history of slavery, the interstate slave trade, the law, and a host of other factors. Dr. Bell is an Associate Professor of History at the University of Maryland – College Park, where he studies United States history and culture in the 18th and 19th Centuries. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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A shattering account of the crack cocaine years from award-winning American historian David Farber, Crack: Rock Cocaine, Street Capitalism, and the Decade of Greed (Cambridge University Press, 2019) tells the story of the young men who bet their lives on the rewards of selling 'rock' cocaine, the people who gave themselves over to the crack pipe, and the often-merciless authorities who incarcerated legions of African Americans caught in the crack cocaine underworld. Based on interviews, archival research, judicial records, underground videos, and prison memoirs, Crack explains why, in a de-industrializing America in which market forces ruled and entrepreneurial risk-taking was celebrated, the crack industry was a lucrative enterprise for the 'Horatio Alger boys' of their place and time. These young, predominately African American entrepreneurs were profit-sharing partners in a deviant, criminal form of economic globalization. Hip Hop artists often celebrated their exploits but overwhelmingly, Americans - across racial lines -did not. Crack takes a hard look at the dark side of late twentieth-century capitalism. David Farber is Roy A. Roberts Distinguished Professor of History at the University of Kansas. Matthew Johnson teaches history at Texas Tech University.
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Few doctrinal and political issues are more controversial in Pakistan today than that of blasphemy. In her excellent and engaging new book Shariʿa and the State in Pakistan: Blasphemy Politics (Routledge, 2019), Farhat Haq presents the history and present of blasphemy laws, debates, and politics in Pakistan, in a manner that carefully weaves the historical backdrop of blasphemy politics with detailed descriptions of important discursive moments and contributions involving a range of different state and non-state actors. Equally conversant with Islamic Studies, South Asian Studies, and Political Science, this book will speak to and interest multiple audiences, while familiarizing readers in eminently accessible prose with the legal, political, and theological complexities invested in the question of blasphemy in Pakistan and beyond. Throughout the book, Haq convincingly shows and argues that blasphemy politics in Pakistan escapes any neat narratives or conceptual framings, and one must attend to its contingencies in order to develop a more nuanced understanding of its thorniest implications and consequences. This book is a must-read for anyone interested in the hugely critical and controversial topic of blasphemy in Islam and in Pakistan. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available here. He can be reached at sherali.tareen@fandm.edu. Listener feedback is most welcome.
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In his new book The War for Muddy Waters: Pirates, Terrorists, Traffickers, and Maritime Security (Naval Institute Press, 2019), Joshua Tallis uses the “broken windows” theory of policing to reexamine the littorals, developing a multidimensional view of the maritime threat environment. With a foundational case study of the Caribbean, Tallis explores the connections between the narcotics trade, trafficking, money laundering, and weak institutions. He finds that networks are leveraged for multiple streams of illicit activity, but enforcement efforts sometimes only focus on a single threat. Additionally, Tallis compares these findings in two comparative case studies in the Gulf of Guinea and the Straits of Malacca and Singapore. Hybrid threats emerge as a theme in these case studies, marked by the fusion of criminality and terrorism and conventional and unconventional tactics. Ultimately, Tallis recommends actors in the maritime environment evaluate threats in this multidimensional context and collaborate with communities to achieve overarching strategic objectives. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch.
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Who has the right to have rights? Motivated by Hannah Arendt’s famous reflections on the question of statelessness the book tells a non-linear global story of the emergence and transformations of human rights in the age of nation-states. In his new book A World Divided: The Global Struggle for Human Rights in the Age of Nation-States (Princeton UP, 2019), Eric D. Weitz argues somewhat provocatively that “the history of Nation-States is the history of Human rights” and he goes on to show how human rights claims take shape in a nexus between popular struggles, state interests and the workings of the international community. The book focuses on a range of case studies, from the struggle of Greek rebels in post-Napoleonic Europe, to American settlers and Brazilian abolitionists and from anti-colonial Africans and Soviet dissidents to Zionists. These stories unveil what the author calls the “multi-storeyed glass house of human rights”: a fragile, and multidimensional structure riddled by paradoxes and insoluble contradictions. The book steers a middle course between arguments that regard the language of human rights as a post-war invention and long durée teleological narratives about the emergence and advance of human rights. It is a compelling defence for the need to fight for the protection and expansion of basic human rights in today’s fractured world. Eric D. Weitz is Distinguished Professor of History at City College and the Graduate Center, City University of New York. His books include Weimar Germany: Promise and Tragedy and A Century of Genocide (both Princeton UP). Yorgos Giannakopoulos(@giannako) is a currently a Junior Research Fellow in Durham University, UK. He is a historian of Modern Britain and Europe. His published research recovers the regional impact of British Intellectuals in Eastern Europe in the age of nationalism and internationalism.
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Strange Trips isn’t only the title of Dr. Lucas Richert’s new book; it’s also a good description of the journey substances take from the black market to the doctor’s black bag—and, sometimes, back to the black market again. In Strange Trips: Science, Culture, and the Regulation of Drugs (McGill-Queens UP, 2019), Richert investigates the myths, meanings, and boundaries of recreational drugs, palliative care drugs, and pharmaceuticals, as well as struggles over product innovation, consumer protection, and freedom of choice in the medical marketplace. Focusing primarily on the United States and Canada, Richert shows how perceptions of products can swiftly change, and incorporates analyses of popular culture, science, politics and history to trace the strange trips drugs consistently go on as their uses evolve. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society.
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The United States Supreme Court operates to resolve disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. Yet a Court that prioritizes resolving many disputes sometimes will produce contradictory opinions or fail to provide a rationale for its decision at all. In either case, it produces an unreasoned judgment. When does the Court do this and is this on the rise? Matthew Hitt has written Inconsistency and Indecision in the United States Supreme Court (University of Michigan Press, 2019) to answer this question. Hitt is assistant professor of political science at Colorado State University. In Inconsistency and Indecision in the United States Supreme Court, Hitt demonstrates that over time, institutional changes have substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. As such, though the Supreme Court historically emphasized dispute resolution, it has evolved into a Court that prioritizes the goal of logically consistent doctrine. Consequently, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode of New Books in Law Siobhan talks with Candy Gunther Brown about her book Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion? (UNC Press, 2019). Dr. Brown is a professor in the Department of Religious Studies at Indiana University Bloomington. She is a historian and ethnographer of religion and culture. Yoga and mindfulness activities, with roots in Asian traditions such as Hinduism or Buddhism, have been brought into growing numbers of public schools since the 1970s. While they are commonly assumed to be secular educational tools, Candy Gunther Brown asks whether religion is truly left out of the equation in the context of public-school curricula. An expert witness in four legal challenges, Brown scrutinized unpublished trial records, informant interviews, and legal precedents, as well as insider documents, some revealing promoters of “Vedic victory” or “stealth Buddhism” for public-school children. The legal challenges are fruitful cases for Brown’s analysis of the concepts of religious and secular. While notions of what makes something religious or secular are crucial to those who study religion, they have special significance in the realm of public and legal norms. They affect how people experience their lives, raise their children, and navigate educational systems. The question of religion in public education, Brown shows, is no longer a matter of jurisprudence focused largely on the establishment of a Protestant Bible or nonsectarian prayer. Instead, it now reflects an increasingly diverse American religious landscape. Reconceptualizing secularization as transparency and religious voluntarism, Brown argues for an opt-in model for public-school programs. This episode is part of a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University.
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Elizabeth Herbin-Triant is the author of Threatening Property: Race, Class, and Campaigns to Legislate Jim Crow Neighborhoods, published by Columbia University Press in 2019. Threatening Property examines the campaigns for residential segregation in early-20th century North Carolina. Looking at the intersections of both race and class, Herbin-Triant explores how white supremacy was divided along class, pitting elite whites against their poorer counterparts, as Jim Crow America increasingly held back Black Americans. Elizabeth Herbin-Triant is an Assistant Professor of History at the University of Massachusetts, Lowell. She studies U.S. history, with a particular interest in African-American history, urban history, and histories of racial capitalism, slavery, and segregation. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Putting premodern theology and poetry in dialogue with contemporary theory and politics, Queer Faith: Reading Promiscuity and Race in the Secular Love Tradition (NYU Press, 2019) reassess the commonplace view that a modern veneration of sexual monogamy and fidelity finds its roots in Protestant thought. What if this narrative of “history and tradition” suppresses the queerness of its own foundational texts? Queer Faith examines key works of the prehistory of monogamy—from Paul to Luther, Petrarch to Shakespeare—to show that writing assumed to promote fidelity in fact articulates the affordances of promiscuity, both in its sexual sense and in its larger designation of all that is impure and disorderly. At the same time, Melissa E. Sanchez resists casting promiscuity as the ethical, queer alternative to monogamy, tracing instead how ideals of sexual liberation are themselves attached to nascent racial and economic hierarchies. Because discourses of fidelity and freedom are also discourses on racial and sexual positionality, excavating the complex historical entanglement of faith, race, and eroticism is urgent to contemporary queer debates about normativity, agency, and relationality. Deliberately unfaithful to disciplinary norms and national boundaries, this book assembles new conceptual frameworks at the juncture of secular and religious thought, political and aesthetic form. It thereby enlarges the contexts, objects, and authorized genealogies of queer scholarship. Retracing a history that did not have to be, Sanchez recovers writing that inscribes radical queer insights at the premodern foundations of conservative and heteronormative culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In an incisive analysis of over two dozen clauses as well as several 'unwritten' rules and practices, The Constitutional Origins of the American Civil War (Cambridge University Press, 2019) shows how the Constitution aggravated the sectional conflict over slavery to the point of civil war. Going beyond the fugitive slave clause, the three-fifths clause, and the international slave trade clause, Michael F. Conlin, Professor of History at Eastern Washington University, demonstrates that many more constitutional provisions and practices played a crucial role in the bloody conflict that claimed the lives of over 750,000 Americans. He also reveals that ordinary Americans in the mid-nineteenth century had a surprisingly sophisticated knowledge of the provisions and the methods of interpretation of the Constitution. Lastly, Conlin reminds us that many of the debates that divide Americans today were present in the 1850s: minority rights vs. majority rule, original intent vs. a living Constitution, state's rights vs. federal supremacy, judicial activism vs. legislative prerogative, secession vs. union, and counter-majoritarianism vs. democracy. Ryan Tripp is part-time and full-time adjunct history faculty for Los Medanos Community College as well as the College of Online and Continuing Education at Southern New Hampshire University.
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Amanda L. Tyler is the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay, published by Oxford University Press in 2017. Habeas Corpus in Wartime is a comprehensive history of the writ of habeas corpus in Anglo-America. From its early beginnings, to the English Habeas Corpus Act of 1679, to its suspension during the American Civil War, to WWII internment camps, to the War on Terror, Tyler provides a compelling look at how important the writ has been during wartime. Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law. Her areas of research include the federal judiciary, separation of powers, habeas corpus, civil procedures, and the emergency Constitution. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Today I talked to Matthew Crow about his book Thomas Jefferson, Legal History, and the Art of Recollection, published by Cambridge University Press in 2017. Crow studies how Jefferson’s association with legal history was born out of America’s long history as part of an early modern empire and the political thought which preceded him. By examining how Jefferson’s own development within this world, Crow finds that legal history was a mode of organizing and governing collective memory, which Jefferson deployed in his own constitutional, political, and racial thinking. Matthew Crow Associate Professor of History at Hobart and William Smith Colleges. He specializes in Early American, intellectual, and constitutional history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Hendrik Hartog about his book The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North (UNC Press, 2018). The Trouble with Minna is also used as a vessel to explore some of the topics discussed in Law and Social Inquiry's May 2019 “Review Symposium: Retrospective on the Work of Hendrik Hartog.” Hartog is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty, Emeritus at Princeton University. This episode is the first in a series featuring legal history works from UNC Press. Support for the production of this series was provided by the Versatile Humanists at Duke program. In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna’s case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a “mere voluntary courtesy”—became routine in a wide range of subsequent cases about “good Samaritans.” Using Minna’s case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world. Siobhan M. M. Barco, J.D. explores U.S. legal history at Duke University.
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The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State: Liberal Anxieties and the New Leviathan, 1930-1970 (University of Pennsylvania Press, 2015) traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne M. Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks. Stephen Colbrook is a graduate student at University College London, where he is researching a dissertation on the interaction between HIV/AIDS and state policy-making. This work will focus on the political and policy-making side of the epidemic and aims to compare the different contexts of individual states, such as California, Florida, and New Jersey. Stephen can be contacted at stephencolbrook@gmail.com.
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Bianca Premo’s award-winning book The Enlightenment on Trial: Ordinary Litigants and Colonialism in the Spanish Empire, published by Oxford University Press in 2017, makes a powerful yet seemingly simple claim: during the eighteenth century, illiterate ordinary litigants in colonial Spanish America created enlightened ideas and practices by suing their social superiors in higher numbers and with novel claims. By focusing on civil suits undertaken by women, indigenous groups, and the enslaved, Premo demonstrates a gradual shift from a justice-oriented system—focused on extralegal outcomes and casuistic jurisprudence—to a Enlightened law-oriented system—where ordinary litigants based their claims on natural rights, merit, and freedom. Such a transformation expanded through varied and diverse geographies; from metropolitan cities such as Mexico City and Lima, to rural indigenous regions of Oaxaca, and smaller, ethnically diverse, provincial cities such as Trujillo in Peru. As listeners will hear, The Enlightenment on Trial not only challenges traditional histories that have placed the origin of the Enlightenment solely in Western Europe, and in the minds of a few and select group of European men, but it also asks us to situate Latin America in a global conversation— one in which the ideas of ordinary citizens are the matter of intellectual history, and where our commonalities as humans are more important than our differences. This last point, as professor Premo reminds us at the end of the conversation, is an important lesson for our present, a moment in which arguments about radical alterity are used as a basis for exclusion. Instead, for Premo, it is important to highlight the histories that we share, the stories in which we all partake, and that we all need to recover from historical erasure. Lisette Varon-Carvjal is a graduate student in history at Rutger's University.
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Marijuana. Weed. Cannabis. Pot. Whatever term you use, this intoxicant and medical product leads to long discussions. Emily Dufton visits the podcast to talk about the ups and downs and highs and lows of cannabis in the United States, all detailed in her book Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). She sheds light on the pro-marijuana activism in the 1970s and anti-marijuana parents' movement in the 1980s. Overall, she recounts a fascinating story about the acceptance of demonization of weed and what this suggests about the present moment. Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health.
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Recent scholarship locates the origins of mass incarceration in national anticrime policy from 1960 to 1990, and has drastically reframed the “punitive turn” in American politics as bipartisan. But how then, do we reckon with the fact that most police policy and funding is determined locally? In his new book, Occupied Territory: Policing Black Chicago From Red Summer to Black Power (UNC Press, 2019), Simon Balto argues that local police department policies and procedures left black Chicagoans “overpoliced and underprotected” far before mass incarceration began. Machinations in municipal politics is therefore essential to understanding how and why Chicago has been a flashpoint in national conversations about police. Building a picture of the carceral state from the bottom up, Balto shows that it was not Lyndon Johnson’s War on Crime, or Richard Nixon’s War on Drugs that turned the Chicago Police into an abusive and racist institution, but rather city and police officials’ response to the Great Migrations. Police violence is therefore cast not as the product of legislation, but of mendacious discourses of black criminality that police have acted upon for over a century. Patrick Reilly is a PhD student in History at Vanderbilt University. He studies US policing and surveillance in domestic and transnational contexts.
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In this episode of the American Society for Legal History’s podcast Talking Legal History Siobhan talks with Paul Finkelman, President of Gratz College, about his book Supreme Injustice: Slavery in the Nation’s Highest Court(Harvard University Press, 2018). Finkelman is a specialist on the history of slavery and the law. He is also the author of more than 200 scholarly articles and the author or editor of more than fifty books on a broad range of topics including American Jewish history, American legal history, constitutional law, and legal issues surrounding baseball. The three most important Supreme Court Justices before the Civil War―Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story―upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime―a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kevin Baron’s new book, Presidential Privilege and the Freedom of Information Act (Edinburgh University Press, 2019), is a fascinating analysis of the Freedom of Information Act (FOIA) and how this act, passed in the 1960s and signed by President Lyndon Johnson, has changed the ways that both the Executive Branch and the Legislature operate and engage with each other. Baron dives into the history of information and the role that access to information plays in supporting democracy. He explains much of the debate over freedom of information from the time of the Founding to the contemporary disputes about executive privilege and Congress’s right to information. By tracing the evolution of presidential privilege through the post-World War II period, the Cold War, the Red Scare, and the Watergate scandal, Baron examines the ways in which presidents and administrations have protected information, often in the name of national security, and the ways in which the Legislative branch has pursued access to that same information. This book explores the ongoing debates about transparency and secrecy in the government, how FOIA has become a tool for Congress to get relevant information from the Executive, and how the understanding and use of presidential privilege has grown and expanded within this same context. Through deep research, Presidential Privilege and the Freedom of Information Act provides the reader with institutional understandings, policy shifts and reactions, the political dynamics of many of the post-WWII administrations and congresses, all ultimately focusing on the idea of governmental information and the health of democracy. Lilly J. Goren is professor of Political Science at Carroll University in Waukesha, WI. She co-edited the award-winning Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kristin O’Brassill-Kulfan is the author of Vagrants and Vagabonds: Poverty and Mobility in the Early American Republic, published by New York University Press in 2019. Vagrants and Vagabonds focuses on the control over poor migrants’ mobility and how their movement shaped ideas of class, race, and status in the United States. Examining how local and state government’s criminalized vagrancy, O’Brassill-Kulfan illustrates that the vagrant, whether real of a figment of people’s imaginations, were crucial to the development of the state and ideas about community. Dr. O’Brassill-Kulfan is an instructor of public history at Rutgers University. She specializes in early American social and legal history, as well as public history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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In his book, De-Moralizing Gay Rights: Some Queer Remarks on LGBT+ Rights Politics in the US(Palgrave Macmillan, 2018), Cyril Ghosh interrogates three arenas of debate over LGBT+ rights in the contemporary American landscape—debates over and critiques of pinkwashing, the recent US Supreme Court decision Obergefell v. Hodges (2015), and Kenji Yoshino’s concept of gay covering. Ghosh is associate professor of political science at Wagner College and was the original host of the New Books in Political Science podcast. In each case, Ghosh identifies a tension in the promotion of LGBT+ rights, from both liberal and radical perspectives, demonstrating that these discourses often (re/)produce their own assimilationist logics. Drawing on queer theoretical frameworks, Ghosh ultimately argues for an approach to theorizing rights that takes seriously the project of resisting and dismantling assimilationist demands. The podcast is co-hosted by Heath Brown and Emily Crandall. Heath Brown is associate professor of public policy at the City University of New York, John Jay College and The Graduate Center. You can follow him on Twitter @heathbrown
Emily K. Crandall holds a PhD in Political Science from the Graduate Center, CUNY. She is a fellow at the Center for Global Ethics and Politics in the Ralph Bunche Institute for International Studies.
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In 1970s America, politicians began "getting tough" on drugs, crime, and welfare. These campaigns helped expand the nation's penal system, discredit welfare programs, and cast blame for the era's social upheaval on racialized deviants that the state was not accountable to serve or represent. Getting Tough: Welfare and Imprisonment in 1970s America (Princeton University Press, 2017) sheds light on how this unprecedented growth of the penal system and the evisceration of the nation's welfare programs developed hand in hand. Julilly Kohler-Hausmann shows that these historical events were animated by struggles over how to interpret and respond to the inequality and disorder that crested during this period. When social movements and the slowing economy destabilized the U.S. welfare state, politicians reacted by repudiating the commitment to individual rehabilitation that had governed penal and social programs for decades. In its place, they championed strategies of punishment, surveillance, and containment. The architects of these tough strategies insisted they were necessary, given the failure of liberal social programs and the supposed pathological culture within poor African American and Latino communities. Kohler-Hausmann rejects this explanation and describes how the spectacle of enacting punitive policies convinced many Americans that social investment was counterproductive and the "underclass" could be managed only through coercion and force. Getting Tough illuminates this narrative through three legislative cases: New York's adoption of the 1973 Rockefeller drug laws, Illinois's and California's attempts to reform welfare through criminalization and work mandates, and California's passing of a 1976 sentencing law that abandoned rehabilitation as an aim of incarceration. Spanning diverse institutions and weaving together the perspectives of opponents, supporters, and targets of punitive policies, Getting Tough offers new interpretations of dramatic transformations in the modern American state. Stephen Colbrook is a graduate student at University College London, where he is researching a dissertation on the interaction between HIV/AIDS and state policy-making. This work will focus on the political and policy-making side of the epidemic and aims to compare the different contexts of individual states, such as California, Florida, and Illinois.
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Are we in the midst of a psychedelic renaissance? If so, what can we learn about the present moment through the history of psychedelic experiments in the past? Matt Oram discusses contemporary debates about LSD and MDMA and brings much-needed context with his new book, The Trials of Psychedelic Therapy: LSD Psychotherapy in America (Johns Hopkins University Press, 2018), Oram talks about the role of psychiatry and the pharmaceutical industry as well the field of drug regulation. He underlines, too, that the history of psychedelics is a lot more complicated than researchers have previously suggested. Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health.
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How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. As Policing the Open Road: How Cars Transformed American Freedom (Harvard University Press, 2019) makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists "driving while black" had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law. Stephen Colbrook is a graduate student at University College London, where he is researching a dissertation on the interaction between HIV/AIDS and state policy-making. This work will focus on the political and policy-making side of the epidemic and aims to compare the different contexts of individual states, such as California, Florida, and New Jersey. Stephen can be contacted at stephencolbrook@gmail.com.
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Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former Confederate President Jefferson Davis gripped the nation, as Americans debated law, war, and the Constitution. Nicoletti is the Class of 1966 Research Professor of Law at the University of Virginia School of Law. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Cynthia Nicoletti is the author of Secession on Trial: The Treason Prosecution of Jefferson Davis, published by Cambridge University Press in 2017. Secession on Trial examines the post-Civil War United States as its people attempted to navigate a world where one question continued to loom overhead: Was secession constitutional? Nicoletti illustrates how the lead up to the treason trial for former Confederate President Jefferson Davis gripped the nation, as Americans debated law, war, and the Constitution. Nicoletti is the Class of 1966 Research Professor of Law at the University of Virginia School of Law. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Jessica Lowe is the author of Murder in the Shenandoah: Making Law Sovereign in Revolutionary Virginia published by Cambridge University Press in 2019. Murder in the Shenandoah follows the criminal case against John Crane, a member of a prominent Virginian family, for the murder of a harvest worker employed by a neighbor. Lowe’s book looks at the pressing debates of the time over what equality before the law meant. By telling the story through the eyes of those involved in the case, Lowe illustrates how revolutionary debates about law became a central issue in the early years of the United States. Dr. Lowe teaches at the University of Virginia School of Law, and specializes in 18th and 19th-century American legal history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Sam Erman is the author of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire, published by Cambridge University Press in 2018. Almost Citizens recounts the story of how Puerto Rico came to be part of the United States empire at the turn of the 20th Century. More specifically, Erman looks at how Puerto Ricans, U.S. legislators, presidents, judges, and a bevy of other people debated how Puerto Rico would be incorporated into the United States. The nexus for this debate centered on whether or not Puerto Ricans would be full citizens of the United States. Erman’s study illustrates the myriad of ways in which constitutional change occurs outside of the judiciary, showing how everyday people contributed to a radical shift in constitutional meanings of terms such as citizenship, alien, territory, and empire. The debates he shows within his book had a long lasting impact for the island and its people; an impact which is still felt today. Sam Erman is Professor of Law at the University of Southern California, where he studies constitutional law, legal history, and the Supreme Court. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anne Twitty is the author of Before Dred Scott: Slavery and Legal Culture in the American Confluence, 1787-1857, published by Cambridge University Press in 2016. Before Dred Scott looks at numerous freedom suits filed in the St. Louis circuit court in order to examine the legal history of slavery and freedom. In this area, known as the American Confluence, a unique legal culture developed characterized by a sophisticated and widespread knowledge of formal law. From enslaved people to slaveholder, Twitty illustrates the many ways people in this area were deeply enmeshed in law. Twitty is Associate Professor of History at the University of Mississippi. She studies 19th century American social and cultural history. More specifically, Twitty works on legal and labor history, slavery and freedom, gender and women’s history, and the history of the South and Midwest. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Kimberly Welch is the author of Black Litigants in the Antebellum American South (University of North Carolina Press, 2018). Welch is Assistant Professor of History and Assistant Professor of Law at Vanderbilt University. Her book explores the history of free and enslaved black Americans use of local courts in the Cotton South. Largely focused on unpublished and unexplored lower court records from the Natchez district of Mississippi and Louisiana between 1800 and 1860, Dr. Welch’s study highlights the many ways black Americans were able to utilize a system, which was stacked against them, for their own benefit. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland.
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Bourbon whiskey has been around since nearly the beginning of the United States. Given that longevity, it has been part of the corporate law of the United States since the beginning of the corporate law of the United States. My guest today Brian Haara traces that interconnection in his new book Bourbon Justice: How Whiskey Law Shaped America (Potomac Book, 2018). “Bourbon,” Haara writes, “is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection.” As Brian traces the influence of bourbon on American legal history, and of litigation on the history of American bourbon, he also provides tasting notes for bourbons with connection to the cases he’s discussing. It’s an especially nice touch in a very nice book. Cheers! Al Zambone is a historian and the host of the podcast Historically Thinking. You can subscribe to Historically Thinking on Apple Podcasts.
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In The Politics of Annihilation: A Genealogy of Genocide (University of Minnesota Press, 2019),Benjamin Meiches takes a novel approach to the study of genocide by analyzing the ways in which ideas, concepts, and understandings about what genocide is and how it is to be prevented have become entrenched politically and intellectually. At the center of this analysis is what Meiches refers to throughout his text as the hegemonic understanding of genocide. Using what Michel Foucault describes as genealogy, Meiches set out to evaluate the process by which the concept of genocide has become intelligible. In doing so, Meiches offers significant evidence in support of many of the emerging critiques of the field of genocide studies. Meiches also inspires reflective and introspective thinking regarding the ways in which genocide scholarship contributes to the maintenance of a hegemonic understanding of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein's book Sexual Injustice (University of North Carolina Press, 2013) examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his book, The Second Creation: Fixing the American Constitution in the Founding Era (Harvard University Press, 2018), Jonathan Gienapp revisits the Founding Era to retell the story of America’s favorite document. Looking at the Constitution’s creation, Gienapp makes a compelling case for why we should reconceptualize just what this document meant to early Americans. By examining the debates which gripped Congress immediately following the ratification of the Constitution, and throughout the 1790s, Gienapp illustrates how the very meaning of the Constitution, both as an idea and a text, was forged through partisan politics. If most Americans think of the Constitution as a fixed document, Gienapp shows how “fixing” the Constitution turned it into a “fixed” document. The Second gives us a new starting point for how to interpret the constitutional politics of the Early Republic, and the enduring image of the Constitution to our own day. Jonathan Gienapp is an assistant professor in History at Stanford University. He is a scholar of the Revolutionary Era and Early Republic. He’s principally interested in these period’s political culture, constitutionalism, and intellectual history. Derek Litvak is a Ph.D. student in the department of history at the University of Maryland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Robert Louis Wilken, the William R. Kenan Professor Emeritus of the History of Christianity at the University of Virginia, has written an intellectual history of the ideas surrounding freedom of religion. Liberty in the Things of God: The Christian Origins of Religious Freedom (Yale University Press, 2019) offers a revisionist history of how the ideas of freedom of conscience and freedom of religion originated in the writings of the Christian fathers of the early Church, such as Tertullian and Lactantius, during the period when Christians were a persecuted sect of the Roman Empire. Wilken argues that it was not the political theorists of the Enlightenment who invented religious freedom in response to the wars of the Reformation, but rather the participants of the Reformation itself, including both Protestant and Catholic thinkers, who recovered ideas from the Roman-era Church fathers and used them to develop arguments about religious liberty for both individuals and faith communities. Wilken demonstrates that the concerns about whether faith could ever be enforced by the sword were present from the beginnings of Christianity. Wilken’s book helps inform our understanding of the origins of religious liberty, which is a concept of great import in contemporary debates about the meaning of the First Amendment’s Free Exercise and Establishment Clauses. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Yuko Miki’s book, Frontiers of Citizenship: A Black and Indigenous History of Postcolonial Brazil(Cambridge University Press, 2018), was the recent recipient of LASA’s 19th-century section Honorable Mention for Best Book. Frontiers of Citizenship is a beautifully written book that integrates quite seamlessly the history black and indigenous peoples in 19th century Brazil. The book explores the intersections of race and ethnicity, borderlands studies, as well as the intersecting histories of citizenship, popular politics, national identity, emancipation, and labor. In the book, Dr. Miki explores the quandaries of citizenship in a multiracial society and challenges the idea that citizenship is an equally important and equally valued goal for everyone. The book not only demonstrates otherwise, but really helps the reader challenge these widely held assumptions in a compelling and grounded manner. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Assisted Reproductive Technologies (ARTs) such as in vitro fertilization and surrogacy have been critically examined within philosophy, particularly by feminists and bioethicists, but the role of race—both in how the technologies are used and in the effects that they are having—has received less attention. In The Assisted Reproduction of Race (Indiana University Press, 2018), Camisha Russell undertakes this critical analysis. While there is a robust scientific consensus that there is no meaningful genetic basis for race, Russell’s analysis of the role of race in ARTs reveals that when it comes to producing kinship, race is still doing a great deal of work. Further, by arguing that race itself is a technology, Russell shows how race is both produced and productive, historically, as well as in everyday practices, techniques, and choices. While this analysis focuses on what race does in the contemporary realm of ARTS, it illuminates the role of race, in the past and now, in constructing social reality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her debut book, Between the Ottomans and the Entente: The First World War in the Syrian and Lebanese Diaspora, 1908-1925 (Oxford University Press, 2019), Stacy Fahrenthold sheds a timely light on Syrian and Lebanese immigrants who established vibrant diaspora communities in the Americas during the late 19th and early 20th centuries. Drawing on an impressive array of innovative and transnational sources, including a burgeoning migrant press, police records, passports, forged travel documents, memoirs, and diplomatic cables, Fahrenthold uncovers ethnic associations and transnational networks of migrants who sought to contribute to the betterment of their homeland. Between the Ottomans and the Entente shows how mahjar (diaspora) communities grappled with a series of enormous changes to their homeland from the Young Turk Revolution (1908), to the dissolution of the Ottoman Empire after World War I, and the imposition of the French Mandate in 1920. The book vividly illustrates the precarious position Syrians and Lebanese found themselves in as they occupied a fraught liminal space in Ottoman, French, and American law. Even so, Fahrenthold stresses the agency of the Syrian and Lebanese diaspora, which organized, petitioned, recruited soldiers for the Entente, and engaged in contentious debates over what a post-Ottoman Middle East should look like. Written in the midst of the horrific Syrian refugee crisis, as well as a rising tide of xenophobia and trenchant nationalism around the globe, Fahrenthold's exploration of migration, citizenship, repatriation, and an early American "Muslim ban" invite the reader to reflect on both past and present. Stacy Fahrenthold is an Assistant Professor of History at the University of California-Davis, where she teaches courses on global migration and modern Middle East history. She earned her PhD in History from Northeastern University and previously taught at the University of California-Stanislaus. Joshua Donovan is a PhD candidate at Columbia University's Department of History. His dissertation examines national and sectarian identity formation within the Greek Orthodox Christian community in Syria, Lebanon, and the diaspora.
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Carolyn J. Dean’s The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) examines the cultural history of the idea of the “witness to genocide” in Western Europe and the United States. She portrays the witness in non-traditional genocide court trials as the moral compass. In fact, many of these “moral witnesses” were not utilized for their testimony to identify perpetrators or mass murder, but rather a symbolic voice for survivor’s that would not normally be admissible in traditional legal proceedings. Dr. Dean is the Charles J. Still Professor of History and French at Yale University and is the author of several other books focused on morality and genocide. The Moral Witness is part of the Cornell University Press’s series Corpus Juris: The Humanities in Politics and Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. In her book, “Trash,” Censorship, and National Identity in Early Twentieth-Century Germany (Cambridge University Press, 2016), Kara Ritzheimer explains how both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany. Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018.
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Marisol LeBrón’s new book, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico (University of California Press, 2019), examines the rise of and resistance to punitive governance (tough on crime policing policies) in Puerto Rico from the 1990s to the present. As in the United States, LeBrón shows how increased investment in policing did not respond to a spike in crime. It actually emerged as a strategy to shore up the local political and economic establishment mired in the crisis of the archipelago’s postwar colonial development policy “Operation Bootstrap,” spiking unemployment, lack of U.S. investment, and a growing informal economy which included the drug trade. Puerto Rican elites hoped to reinvent themselves as models for tough on crime policing and gatekeepers for the United States to Latin America. Beginning with the mano dura contra el crimen (iron fist against crime) policy of commonwealth Governor Pedro Rosselló in 1993, police increasingly targeted lower income, predominantly Black public housing complexes (caseríos) as sources of criminality and lawlessness. Using Justice Department reports, social media research, newspapers, and oral interviews to create a “police archive,” LeBrón demonstrates that while police killings, brutality, surveillance, and harassment were hallmarks of mano dura, the policy also reinvented popular understandings of the “who” and “where” of crime that endure to the present. In doing so, she shows how presumptions about race, class, gender, and sexuality linked to certain places (public housing, sex work neighborhoods, schools, and universities) created notions of victims and criminals who “deserved” life or death. The book’s second half explores critiques of and resistance to punitive governance by looking at underground rap, university student activism, social media debates, and non-punitive anti-violence activism. These case studies show the growing resistance to policing as policy instead of social investment, but also the tenacity of the discourses of criminality activists must wrestle with today. LeBrón is also the author of the forthcoming Aftershocks of Disaster: Puerto Rico Before and After the Storm (Haymarket Books) and the co-creator of the Puerto Rico Syllabus. Jesse Zarley will be an assistant professor of history at Saint Joseph’s College on Long Island, where in Fall 2019 he will be teaching Latin American, Caribbean, and World History. His research interests include borderlands, ethnohistory, race, and transnationalism during Latin America’s Age of Revolution, particularly in Chile and Argentina. He is the author of a recent article on Mapuche leaders and Chile’s independence wars. You can follow him on Twitter.
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Expansion of federal power has typically come with the consent of states, often eager to receive the funding tied to new policy priorities. Not so any more, as some states have famously rejected funding for Medicaid expansion. Was the case of Medicaid and Obamacare an aberration or part of a larger strategy? Such is the focus of Conservative Innovators: How States Are Challenging Federal Power (University of Chicago Press, 2019). Ben Merriman’s new book explores what he calls uncooperative federalism. He finds a deliberate conservative strategy to use the courts and state executive power to resist federal influence in state affairs. He focuses especially on Kansas and the activity of far-right conservatives in the state who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Merriman — a sociologist by training — is an assistant professor at the School of Public Affairs & Administration at the University of Kansas. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” father. Paternity testing, she points out, has been used to different ends in different societies: it could identify an errant progenitor or reveal a mother’s liaison. A certain paternity test result could mean economic security for a child or put a person’s life in jeopardy. Moreover, Milanich reveals the uneven application of paternity testing that has tended to protect the most privileged groups in different societies. Paternity is a transatlantic study that moves from South America to Europe and the United States, and its chapters touch upon the histories of science and medicine, gender and the family, and immigration. The podcast features fascinating case studies set in Brazil and Argentina. This book’s reflections on the making of modern paternity speak to our own time, when, for example, the U.S. government is using DNA testing at the border to separate “real” kin from “fictitious” families, as Milanich explains to podcast listeners. The stakes of knowing the father go far beyond determining biological progenitors, and this book vividly reconstructs the political uses and cultural implications of the paternity test. Rachel Grace Newman is joining Smith College in July 2019 as Lecturer in the History of the Global South. She has a Ph.D. in History from Columbia University, and her dissertation was titled “Transnational Ambitions: Student Migrants and the Making of a National Future in Twentieth-Century Mexico.” She is also the author of a book on a binational program for migrant children whose families divided their time between Michoacán, Mexico and Watsonville, California. She is on Twitter (@rachelgnew).
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The Vory: Russia’s Super Mafia (Yale University Press, 2018) by Mark Galeotti is an engrossing read about a topic mainstream scholarship has largely ignored: Russia’s criminal underworld. With Galeotti as our guide, we delve into the colorful world of the vory v zakone or “thieves of the code,” with their flamboyant nicknames, esoteric rituals, and vibrant body tattoos, which Galeotti explains are very much a gangster’s CV. The Vory traces the development of the Russian underworld from the horse bandits and bank robbers of the nineteenth century, through the chaos of the Revolution and the Civil, when, as Galeotti says, “… the Bolsheviks won the war but lost their souls.” Galeotti’s scholarship shines through the section on the vast sea change that takes place when during The Terror as the gangsters are co-opted by the State to help regulate the Gulag system. The resulting “turf war” creates a new post-war type of gangster, the “avtorityet,” who adapt to service the needs of a society in chaotic transition. The Vory also looks at the ways the Putin administration has tamed the underworld, but also the ways in which the State and the underworld are now intrinsically linked; the government even outsources unseemly tasks to the underworld, as is clear in both the 2014 Annexation of Crimea and the ongoing frozen conflict in Donbas. Galeotti first became interested in Russian organized crime while interviewing veterans of Russia’s war with Afghanistan for his doctorate research. He noted that many of the Afgantsy were drifting into ranks of the vorovsky mir or “thieves world.” Since that time, he has delved into the topic with a unique methodology that fuses scholarship with personal encounter. It takes a special researcher to ride around Moscow’s dodgy neighborhoods in a rickety squad car wearing a well-used bullet-proof vest, but Galeotti’s time has certainly not been wasted. “The Vory” is a thrilling and gripping read filled with larger-than-life, compelling characters and spot-on historical analysis. It is marvelous window into a secret world that is constantly evolving. Jennifer Eremeeva is an American expatriate writer who divides her time between Riga, Latvia, and New England. Jennifer writes about travel, food, lifestyle, and Russian history and culture with bylines in Reuters, Fodor’s, The Moscow Times, and Russian Life. She is the in-house travel blogger for Alexander & Roberts, and the award-winning author of Lenin Lives Next Door: Marriage, Martinis, and Mayhem in Moscow. Follow Jennifer on Twitter, Instagram, and Facebook or visit jennifereremeeva.com for more.
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In Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier (NYU Press, 2019), Ian Saxine, Visiting Assistant Professor of History at Bridgewater State University, shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields. Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today. Ryan Tripp is adjunct history faculty for the College of Online and Continuing Education at Southern New Hampshire University.
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Demetra Kasimis’s new book, The Perpetual Immigrant and the Limits of Athenian Democracy (Cambridge University Press, 2018) interrogates the role and unstable place of the metics (metoikoi) in Athenian society. The book focuses on three different presentations and discussions of the metics, in Euripides’ Ion, in Plato’s Republic, and in Demosthenes’ Against Euboulides. The metic, as Kasimis explores, is a classification of individuals within Athenian democracy for those who do not have Athenian blood—they are neither insiders nor outsiders. This whole class of people, who were free and enjoyed certain rights within the society, were, nonetheless, in a kind of liminal space, on the border between citizenship and those excluded from citizenship, like slaves, children, and others. The Perpetual Immigrant, which is the kind of position that metics found themselves in, since neither they nor their offspring could become citizens, exposes the “fraught and shifting meaning of the democratic citizen itself.” Kasimis deep research and theorizing about the metics, as discussed in these three classical texts, is not limited to ancient Athens, and the questions she considers are as important to pose to contemporary democracies as they were to Athenian democracy. Her work here, in this Cambridge University Press series, "Classics After Antiquity," is vital in a number of ways, since the arguments are not only about the substance of the text, but also about how and why we read texts. Thus, we learn a great deal from The Perpetual Immigrant in terms of the substance of classical texts, and our understanding who is or is not a citizen within a democracy, and how that contributes to the way that the democracy understands itself and those who live within it. We are also to consider, as readers and scholars, the way in which we read and why we read certain texts, what we hope to learn from them, and what makes them important to consider. This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj
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We’re all familiar with the ways in which speech can cause harm. For example, speech can incite wrongful acts. And I suppose we’re also familiar with contexts in which a person who occupies a position of authority can harm others simply by speaking – as when a boss announced and thereby institutes a discriminatory office policy. In such cases, the announcement is itself a harm in addition to the harm of the instituted policy – the boss’s announcement constitutes a harm and does not only cause harm. Once we’ve see the ways in which authoritative speech can constitute harm, we might look for mechanisms other than speaker authority by means of which speech can be constitutively harmful. In her new book, Just Words: On Speech and Hidden Harm (Oxford University Press, 2019), Mary Kate McGowan identifies a previously overlooked mechanism by which speech can be harm. On her analysis, one needn’t be positioned in an authoritative role to speak in ways that constitute harm. Rather, everyday communicative acts can constitute – and not simply cause – harm. Mary Kate is the Margaret Capp Distinguished Alumna Professor of Philosophy at Wellesley College. She works primarily in metaphysics, philosophy of language, feminist philosophy, and philosophy of law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Practical Terrorism Prevention: Reexamining U.S. National Approaches to Addressing the Threat of Ideologically Motivated Violence (RAND Corporation, 2019), examines past countering-violent-extremism (CVE) efforts, evaluates Department of Homeland Security (DHS) and interagency efforts to respond to ideological radicalization to violence, and recommends strengthening programs focused on non-law enforcement means to address the threat of terrorism. The authors (Brian A. Jackson, Ashley L. Rhoades, Jordan R. Reimer, Natasha Lander, Katherine Costello, and Sina Beaghley) found that current terrorism prevention capabilities are relatively limited. Most initiatives are implemented locally or outside government, and only a subset receive federal support. Among interviewees in law enforcement, government, and some community organizations, there is a perceived need for a variety of federal efforts to help strengthen and broaden local and nongovernmental capacity. However, doing so will be challenging, since concerns about past counterterrorism and CVE efforts have significantly damaged trust in some communities. As a result, terrorism prevention policy and programs will need to focus on building trust locally, and designing programs and federal activities to maintain that trust over time. This books available open access here. Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Outsiders: Why Difference is the Future of Civil Rights(Oxford University Press, 2019) by Zachary Kramer (Oxford University Press, 2019) sets forth an imaginative critique of the way that civil rights law currently fulfills its mission. Using stories that lucidly illustrate the gap between the aspiration of civil rights law and the lived reality, Professor Kramer proposes a new approach. Drawing on existing protections for disability and for religious practice, Professor Kramer outlines the way that a right to personality, combined with an accommodation-focused inquiry, could update and refresh our approach to civil rights. Zachary Kramer is Associate Dean of Faculty, Professor of Law, and Willard H. Pedrick Distinguished Research Scholar at the Sandra Day O'Connor College of Law at Arizona State University. Künga Tenje is an independent librarian in Virginia.
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Ballot initiatives offer voters the chance to directly determine the outcome of state policy change. Do Americans who vote on initiatives grow in political efficacy and participate more in the future? Or is the initiative process ultimately undemocratic in the sense that those who participate grow less interested in participating over time? Ultimately, are there spillover effects of direct democracy? Joshua Dyck and Edward Lascher take on these questions in Initiatives without Engagement: A Realistic Appraisal of Direct Democracy’s Secondary Effects (University of Michigan Press 2019). Dyck is Associate Professor of Political Science and Co-Director of the Center for Public Opinion at the University of Massachusetts Lowell; Lascher, Jr is Professor of Public Policy and Administration at California State University, Sacramento. Initiatives without Engagement challenges what democratic reformers have thought about the initiative process since the Progressive Era. The findings suggest that ballot initiatives lead to higher voter turnout but not to higher political interest. There is also a partisan dimension to the findings. Independents are the least mobilized by ballot initiatives, while Republicans and Democrats are more likely to register to vote, possibly explained by the incentives of ideological political entrepreneurs who sponsor initiatives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The development of a whole suite of new reproductive technologies in recent decades has contributed to broad cultural conversations and controversies over the meaning of family in the United States. In Romancing the Sperm: Shifting Biopolitics and the Making of Modern Families (Rutgers University Press, 2018), Diane Tober analyzes how sperm donation fits into this larger landscape of reproductive choices, politics, and policies. Drawing on a rich body of interviews conducted in the 1990’s with people who worked at sperm banks, people who donated sperm, and people who sought to become pregnant by using donated sperm, she illuminates the many motivations that lead people to become involved in alternative processes of family formation. She also demonstrates that a certain kind of “romance” – that is, the imaginative creation of a romantic ideal – can still permeate people’s ideas and experiences of creating children with donor sperm, despite the medicalization of the process. This book will be useful not only for those who are interested in medical anthropology and the anthropology of reproduction, but also anyone who wants to rethink traditional notions of family formation. Dannah Dennis is an anthropologist who studies citizenship, nationalism, and social media, primarily in Nepal. You can find her work at her website and her random musings on Twitter.
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Campaigns against prostitution of young people in the United States have surged and ebbed multiple times over the last fifty years. Carrie Baker's Fighting the US Youth Sex Trade: Gender, Race, and Politics (Cambridge University Press, 2018) examines how politically and ideologically diverse activists joined together to change perceptions and public policies on youth involvement in the sex trade over time, reframing 'juvenile prostitution' of the 1970s as 'commercial sexual exploitation of children' in the 1990s, and then as 'domestic minor sex trafficking' in the 2000s. Based on organizational archives and interviews with activists, Baker shows that these campaigns were fundamentally shaped by the politics of gender, race and class, and global anti-trafficking campaigns. The author argues that the very frames that have made these movements so successful in achieving new laws and programs for youth have limited their ability to achieve systematic reforms that could decrease youth vulnerability to involvement in the sex trade. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford University Press, 2019) interrogates the idea of citizenship itself, what it means, how it works, how it is applied and understood, and where there are clear gaps in that application. This is a wide-ranging, rigorously researched examination of citizenship, statelessness, and human movement. And it is vitally relevant to contemporary discussions of immigration, supranationalism, understandings of national borders, and concepts of belonging. Not only does Kingston delve into theoretical concepts of citizenship and statelessness, she also integrates analyses of various kinds of hierarchies of personhood in context of these broader issues. The research also includes explorations of nomadic people, indigenous nations, and "second class" citizens in the United States within this theoretical framework of citizenship and statelessness. This careful and broad analysis defines the novel idea of ‘functional citizenship’, which is both theoretical and practical in considering citizenship and statelessness in our modern world. Fully Human focuses on the promises and protections that are outlined in the 1948 Universal Declaration of Human Rights, unpacking the protection gaps and difficulties that have become clearer and more acute in this era of globalization and security concerns, and highlighting some of the key problems with the current human rights regimes that are in place. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this New Books Network/Gotham Center for NYC History podcast, guest host Beth Harpaz, editor of the City University of New York website SUM, interviews Jeanne Theoharis, distinguished professor of political science at Brooklyn College. Their topic is a new book just out from NYU Press, co-edited by Theoharis, called The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South (NYU Press, 2019). The book looks at the history of institutionalized racism around the U.S., showing that laws, policies, and entitlements in every region of the country not only created segregated communities, but also promoted affluence and opportunities for white Americans while keeping African Americans out of the middle class. “There did not need to be a ‘no coloreds’ sign for hotels, restaurants, pools, parks, housing complexes, schools, and jobs to be segregated across the North as well,” wrote Theoharis and her co-editor Professor Brian Purnell of Bowdoin College. In the podcast, Theoharis shows how African-Americans have faced discrimination in everything from pre-Civil War legal codes in New York, to 20th-century government programs like Social Security and the G.I. bill. She and Harpaz also discuss the ways in which the legacy of these racist policies persist today in public education, the criminal justice system, and other aspects of American society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is an article of faith in many circles that the most effective and efficient way to solve a broad range of local and national problems is through public-private partnerships. What’s not to like? Especially in a climate in which people think resources are scarce, seeking out help from corporate actors seems an obvious win-win. But it’s not. Listen to Jonathan H. Marks discuss The Perils of Partnership: Industry Influence, Institutional Integrity, and Public Health (Oxford University Press, 2019), and the public harm and private profiteering that are too often the result of these relationships. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Moral and political theorists have paid a healthy amount of attention to states’ rights to determine who may reside within their territory. Accordingly, there’s a large literature on immigration, borders, asylum, and refugees. However, relatively little work has been done on questions concerning how refugees are treated once they have gained access to a new country; and from these questions emerge additional issues concerning the repatriation of refugees. As it turns out, there are several global organizations involved in efforts to make repatriation accessible to refugees. However, it is frequently the case that repatriation is dangerous and risky; and often the refugees’ desire to repatriate is arguably non-voluntary. Distinctive moral concerns quickly into view. In The Ethics and Practice of Refugee Repatriation (University of Edinburgh Press, 2018), Mollie Gerver systematically addresses these distinctive moral questions. Combining philosophical analysis with testimonial data from extensive field work with refugees, she makes concrete policy recommendations for navigating this fraught moral landscape. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Form of the Firm: A Normative Political Theory of the Corporation (Oxford University Press, 2018), Abraham Singer essentially marries together two disciplinary schools of thought and approaches to understand and consider the corporate firm. In his work, Singer takes seriously the idea, structure, function, and position of the firm, as distinct from markets, within modern societies. Singer notes that the thrust of the book is “to articulate a normative theory of the corporation that synthesizes economic and political insights” and positions these understandings within the political and economic realities of contemporary capitalism and liberalism. Singer analyzes and explores the historical and theoretical development of firms and corporations, integrating economic and political theory as the dual lenses through which to consider not only the firms themselves but also their position and function within political societies, since “corporations serve economic ends, but through political means.” The Form of the Firm considers how and in what ways firms can and should contribute to and sustain the values, particularly the political values, that define and inform the world in which they exist. This analysis has broad and interdisciplinary appeal, especially for political theorists, economists, political scientists, managerialists, legal and regulatory experts, ethicists, and those in corporate governance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Five decades ago, Native American leaders launched a crusade to force museums to return their sacred objects and allow them to rebury their kin. Today, hundreds of tribes use the Native American Graves Protection and Repatriation Act to help them recover their looted heritage from museums across the country. As senior curator of anthropology at the Denver Museum of Nature & Science, Chip Colwell has navigated firsthand the questions of how to weigh the religious freedom of Native Americans against the academic freedom of scientists and whether the emptying of museum shelves elevates human rights or destroys a common heritage. Winner of the 2019 National Council on Public History Book Award, Plundered Skulls and Stolen Spirits: Inside the Fight to Reclaim Native America's Culture(University of Chicago Press, 2017) offers Colwell's personal account of the process of repatriation, following the trail of four objects as they were created, collected, and ultimately returned to their sources: a sculpture that is a living god, the scalp of a massacre victim, a ceremonial blanket, and a skeleton from a tribe considered by some to be extinct. These specific stories reveal a dramatic process that involves not merely obeying the law, but negotiating the blurry lines between identity and morality, spirituality and politics. Things, like people, have biographies. Repatriation, Colwell argues, is a difficult but vitally important way for museums and tribes to acknowledge that fact—and heal the wounds of the past while creating a respectful approach to caring for these rich artifacts of history. Ryan Tripp is adjunct history faculty for the College of Online and Continuing Education at Southern New Hampshire University.
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In Ethical Loneliness: The Injustice of Not Being Heard (Columbia University Press 2015, paperback 2018), Jill Stauffer argues that survivors of unjust treatment and dehumanization can experience further harm when individuals and institutions will not or cannot hear the survivors’ claims about what they suffered and what they are owed for having suffered. She calls this further harm “ethical loneliness.” With Stauffer’s analysis, the harm of ethical loneliness can lead us to rethink how we understand responsibility for harm, the work of repair, the role of retribution in repair, and how we are constituted as subjects such that we are capable of striving to undo unjust deeds, even mass atrocities. Focused on hearing and what practices of hearing justice demands, Stauffer looks to survivors’ stories to analyze how the harm of ethical loneliness can be inflicted, even by people with intentions to help and survivors. She then shows how revisionary and reparative work can be done to hear those stories with an ear to how the world may need to change in light of survivors’ claims. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In recent years, the treatment of African Americans by police departments around the country has come under increased public scrutiny. As any student of the longer historical relationship between law enforcement and people of color will know, this relationship has been the subject of tension and scrutiny at many moments in the past as well. In his new book, Policing Los Angeles: Race, Resistance, and the Rise of the LAPD (University of North Carolina Press, 2018), Max Felker-Kantor examines this multi-racial relationship in the key city of Los Angeles. The book begins with the uprising of the Watts neighborhood in August 1965, where decades of frustration with urban poverty and racial discrimination along with anger at racist police practices exploded in violence. The book then traces the subsequent decades of policing and anti-police abuse activism. During this time, reforms were common, yet real change was often difficult to achieve as symbolized by the 1992 rebellion, sparked by some of the same issues that caused the previous Watts uprising. In this episode of the podcast, Felker-Kantor discusses this history of policing and importantly, the way LA communities of color mobilized to reshape law enforcement in the city. He highlights both the achievements and limitations of their reform. He also discusses both the possibilities and limits of urban political reformers working within city government and the ways in which the police themselves became a political force. Finally, Felker-Kantor discusses some of the little-used archival sources he examined for this project in light of the notorious difficulty historians have faced obtaining access to law enforcement records for histories of policing. Christine Lamberson is an Associate Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu.
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Hard won transgender rights have been under attack by the Trump administration. Officials across government have sought to overturn decisions made by the Obama administration to expand rights to transgender people. Who fought those battles and continues to lobby to defend the transgender community is the topic of Anthony Nownes' new book Organizing for Transgender Rights: Collective Action, Group Development, and the Rise of a New Social Movement (SUNY Press, 2019). Nownes is professor of political science at the University of Tennessee, Knoxville. In the book, Nownes uncovers the rise of transgender rights interest groups in the United States. Based on extensive interviews with the founders and leaders of many of these groups. Organizing for Transgender Rights not only shows how these groups formed but also how they mobilized and survived. The book contributes to better understanding this social movement and also the ways that interest groups develop. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Between 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a 'moral contagion' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by Antebellum free people of color, by people afflicted with 'moral contagion’. In his new book Moral Contagion: Black Atlantic Sailors, Citizenship, and Diplomacy in Antebellum America(Cambridge University Press, 2019), Michael A. Schoeppner tells their story. Listen in. Adam McNeil is PhD student in History at the University of Delaware where he is an African American Public Humanities Initiative and Colored Conventions Project Scholar. He received his M.A. in History at Simmons College in 2018 and his B.S. in History at Florida Agricultural and Mechanical University in 2015. Follow him @CulturedModesty on Twitter to learn more about upcoming interviews.
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Jeff McMahan is White’s Professor of Moral Philosophy at the University of Oxford. His research focuses broadly on moral and political philosophy, and is perhaps best known for his work on the moral issues surrounding killing and letting die. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Steve Luxenberg has created an unusual history of the famous Supreme Court case Plessy v. Ferguson and the 19th century’s segregationist practices in his book Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation (Norton, 2019) It is unusual because it is chiefly an ensemble biography of Henry Brown, John Marshall Harlan, and Albion Tourgee, three men intimately connected with the Plessy case. The book covers the Antebellum period youth of the three men, each from a different part of the young nation and each encountering freedmen, slaves, and the institution of slavery in different social and political contexts. We follow these men through the Civil War, Reconstruction, and the post-Reconstruction period leading up to the Plessy decision. The Plessy case helped solidify official, state-enforced segregationist practices throughout the United States. It made the now-infamous phrase “separate but equal” a constitutional doctrine that was the law of the land until the 1950s and 1960s. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Parents, teachers, feminists, conservatives, lawyers, the concerned citizen – pornography raises everyone's hackles. Author Richa Kaul Padte approaches pornography with a combination of light-hearted camaraderie and intellectual curiosity instead. Taking seriously the notion that every individual has sexual rights, Kaul Padte explores the twinned fates of gendered representations and subjectivity in our digital age. Cyber Sexy: Rethinking Pornography (Penguin Viking, 2018) is smart and funny in equal measure. Discussions on the need to move away from obscenity clauses in the Indian constitution to a more nuanced understanding of consent, and the questions of inequality that lie at the heart of consent, are punctuated by first hand accounts of online sexual experiences (including some of Padte's own). Never pedantic, the book closes with a call for radical empathy as we collectively struggle towards a more open and accepting social order. Richa Kaul Padte is an independent writer currently living in Goa, India. She edits and writes for Deep Dives, a longform digital imprint working at the intersections of sex, gender and technology. Cyber Sexy is her first book. Find Richa on Twitter @hirishitatalkies. Madhuri Karak holds a Ph.D. in cultural anthropology from The Graduate Center, City University of New York. She tweets @madhurikarak and more of her work can be found here.
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In the information age, knowledge is power. Hence, facilitating the access to knowledge to wider publics empowers citizens and makes societies more democratic. How can publishers and authors contribute to this process? This podcast addresses this issue. We interview Professor Austin Choi-Fitzpatrick, whose book, The Good Drone: How Social Movements Democratize Surveillance (forthcoming with MIT Press) is undergoing a Massive Online Peer-Review (MOPR) process, where everyone can make comments on his manuscript. Additionally, his book will be Open Access (OA) since the date of publication. We discuss with him how do MOPR and OA work, how he managed to combine both of them and how these initiatives can contribute to the democratization of knowledge. You can participate in the MOPR process of The Good Drone through this link: https://thegooddrone.pubpub.org/ Felipe G. Santos is a PhD candidate at the Central European University. His research is focused on how activists care for each other and how care practices within social movements mobilize and radicalize heavily aggrieved collectives.
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Andrew T. Fede is a lawyer in private practice in northern New Jersey and an adjunct professor of law at Montclair State University. His new book Homicide Justified: The Legality of Killing Slaves in the United States and Atlantic World (University of Georgia Press, 2017) is a comparative account of slave homicide law in the American colonies and states, covering the period from the early 17th century through the American Civil War. Professor Fede’s account traces the variations in restrictions on slave owners and third parties’ treatment upon the murder of a slave. The harsh, often lethal, conditions of servitude in the Caribbean seem to have shaped the willingness (usually unwillingness) of slave owners and elected officials in these island to restrict what masters could do to their slaves. Whereas in the mid-Atlantic and northeastern colonies, restrictions were somewhat more easily countenanced. Fede reveals the details of murder prosecutions against slave masters, overseers and third-party non-owners and the limits such prosecutions faced in courts. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory.
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Eddie Glaude Jr. is James S. McDonnell Distinguished University Professor in the Department of Religion, and Chair of the Department of African American Studies, at Princeton University. He is the author of An Uncommon Faith: A Pragmatic Approach to the Study of African American Religion. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Martha S. Jones, in her excellent new book Birthright Citizens: A History of Race and Rights in Antebellum America(Cambridge University Press, 2018), weaves together the legal and constitutional dimensions of citizenship—from the Founding documents and law cases with which many scholars and students are familiar—with the daily civic engagement of African-Americans as they took part in public life and the rights of citizens. This political, historical, and legal analysis focuses particularly on the antebellum experiences of black Americans in Baltimore, Maryland, just miles from the U.S. Capital, but also vital as the largest free black community in the U.S. in one of the largest cities in the United States before the Civil War. Birthright Citizens takes the question of what defines and makes an individual a citizen, legally, and how that is performed and engaged in a granular or daily way, and delves into the historical record of black Americans in Baltimore, exploring how individuals took on the qualities and actions of citizens before the 14th Amendment. Jones’ deeply researched work is, as she notes, “a history, told through a series of disruptive vignettes, that suggests how people without rights still exercised them.” This is a fascinating marrying together of the structural and legal parameters of citizen rights and denials of those rights for many black Americans, both free and enslaved, and the ideas and actions pursued and taken by African-Americans in an effort to act like and thus be citizens. As we continue to consider the idea of citizenship, which remains less fixed and clear as a concept or legal construct, this analysis lays out the fluid and evolving understanding of the idea and daily functioning of citizenship in the early years of the republic and, particularly, in context of free, formerly enslaved, and enslaved black Americans in the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Birth control, and the access to it, has continued to be a divisive issue in American political and social life. While birth control has almost become shorthand for “the pill,” a wide range of birth control methods have been in the American lexicon for the better part of its history. In his new book, Birth Control and American Modernity: A History of Popular Ideas (Cambridge University Press, 2018), Trent MacNamara explores the ways in which birth control was talked about, debated, and eventually accepted in the 20th century. Rather than having one centralized movement and leadership structure, MacNamara traces the multiple avenues in which birth control entered the lives of everyday Americans and gained social acceptance. Talking in conjunction with established historiography while also adding important perspectives, MacNamara’s book is a must-read for anyone interested in the birth control movement, social change, and large historical change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her book Suspect Citizens: Women, Virtue, and Vice in Backlash Politics (Temple University Press, 2012), Jocelyn M. Boryczka explores the fraught position that women find themselves in as citizens of the United States. She examines this complex position within the parameters of virtue and vice, the dichotomy through which women, their behavior, and their role in the republic are usually situated and interpreted. Explaining that women are often given the moral responsibility for the care and perpetuation of the country, Boryczka concentrates on demands that women hew to a standard of virtue, and if they deviate from that standard, they are often blamed for the failings or problems that afflict the entire country. This precarious position is where these suspect citizens, women, find themselves and have often found themselves across the history of the country itself. The book delves into the historical positioning of women within this dichotomous frame and traces distinct political moments when different groups of women engaged in aspects of citizenship and, often, how those acts of political engagement then generated a backlash to female political involvement. Boryczka puts these historical flashpoints into non-linear engagement with each other, often seeing parallel outcomes or political approaches from distinct events and situations. For anyone interested in the question and complexity of citizenship, this is yet another important analysis, especially in considering the more precarious position of some citizens within the republic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Michele F. Margolis is assistant professor of political science at the University of Pennsylvania. She has recently published a book titled From Politics to the Pews: How Partisanship and the Political Environment Shape Religious Identity. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In American Sutra: A story of Faith and Freedom in the Second World War (Harvard University Press, 2019), Duncan Ryūken Williams recenters the role of faith in the Japanese-American experience in WWII by showing how religious differences underlay the injustices that they suffered before, during, and after the war. American Sutra is also an inspiring account of how Japanese-Americans embodied faith, ingenuity and sacrifice in the face of great adversity. At a time when the religious dimensions of American identity are being contested, American Sutra is a timely book about how Japanese-Americans forged, with their blood, sweat and tears, a space in American identity where it’s possible to be Japanese, Buddhist and American. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The law does things, writes David Ray Papke, and it says things, and if we are talking about poor Americans, especially those living in big cities, what it does and says combine to function as powerfully oppressive forces that can much more likely be counted on to do harm than good. Join us as we discuss Papke's book Containment and Condemnation: Law and the Oppression of the Urban Poor (Michigan State University Press, 2019) and learn about how law functions in the lives of poor people in the U.S. today. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017).
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Debra Thompson, in her award-winning book The Schematic State: Race, Transnationalism, and the Politics of the Census (Cambridge University Press, 2016), explores the complexities of the politics of the census. This book, which unpacks the census itself, leads the reader to consider how this mundane tool actually translates the abstraction of the state into a concrete entity, and, at the same time, how this tool has been and is used in contradictory ways in regard to the issue of race. Thompson, in exploring the census, contextualizes her analysis within three case studies: the United States, Canada, and the United Kingdom. She examines these cases over the course of more than 200 years of history and data, and she traces the shifts and changes in terms of racial categorization on the census, noting the fluid nature of understandings of race as applied to the citizen body in each of these countries, and how race was made legible by the census. The Schematic State also digs into the state, how it makes use of the data that is gleaned from the census, and what these uses suggest in terms of the instrument of the census. This book will be of interest to a variety of scholars and lay people, since the text and the research knit together different fields within and beyond political science, including comparative politics, critical race studies, critical legal studies, political theory, public policy, institutional political development, and statistical studies. Winner, 2017 Race and Comparative Politics Best Book Award, Race, Ethnicity and Politics Section, American Political Science Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Corey Brettschneider is Professor of Political Science at Brown University, and Visiting Professor of Law at Fordham University. His work is focused in democratic theory and constitutional law. His most recent book is titled The Oath and the Office: A Guide to the Constitution for Future Presidents. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Thanks to the efforts of activists concerned that the problem of “battered women” was being ignored -- and treated as a private, family matter rather than a broader social problem -- since the 1980s interpersonal/domestic violence has been treated as a criminal act enforced by the institutions of American criminal justice. But too seldom have we asked if this approach has actually worked. In her powerful and provocative new book, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence (University of California Press, 2018), Leigh Goodmark asks us to evaluate the effects of criminalizing domestic violence and to consider what might be gained by thinking about interpersonal violence as a problem of economics, public health, community, and human rights. Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book, Matthew Longo takes the reader on an unusual journey, at least within political theory, since his work combines a normative political theory approach with an ethnographic approach to understand both the conceptual and actual issue of borders as spaces that separate and distinguish states and nations, and individuals and citizens. The Politics of Borders: Sovereignty, Security, and the Citizen after 9/11 (Cambridge University Press, 2017) is not simply about the border because, as the book makes clear, borders are in no way simple, and what Longo has pursued in his work is the complexity that encompasses the theoretical idea of the border but also how and why borders are more diverse in understanding than we often ascribe to them. Longo interrogates what a border actually is, noting that the space itself is not quite the thin line between states that we often assume it to be, but a physical area that is co-administered by bordering nations, often collaboratively, thus blurring the line or space of sovereignty. Threaded throughout the book is the ongoing question of what constitutes citizenship, since borders and citizenship are braided together though the structures of the state, and the considerations of who is and is not permitted membership within a state. Longo has also included a substantial exploration of the role of technology and data in the actual understanding of how border security works in practice. This section of the analysis is particularly important to consider because, according to Longo, the focus on the individual and their data profile, shifts the understanding of state sovereignty and the responsibility for definitions of citizenship. This book is incredibly topical in a variety of areas, not least in the way that it contributes to our thinking about the border itself as a space and as a concept, the role of the state, and the growing domain of data and technology and how they are shaping ideas of citizenship. This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj.
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In Sins Against Nature: Sex and Archives in Colonial New Spain (Duke University Press, 2018), Zeb Tortorici analyzes a vast corpus of documents in order to understand how sex acts that were considered out of the norm were understood for over three centuries of Spanish control. Men and women often engaged in ‘unnatural’ sexual acts that not only revealed the relations of power in colonial society, but also the close interaction that archivists and historians have had with their stories. Sodomy, bestiality, priests soliciting during confession, as well as masturbation induced by erotic fantasies with saints and other religious characters, all disclose the role that religious and ecclesiastical institutions, archives, and historical analysis have had in erasing subjects, misclassifying them, or openly discounting their importance. Tortorici’s analysis proves that in order to reconstruct the past it is central to understand how documents were kept and categorized. Pamela Fuentes is Assistant Professor in the Women’s and Gender Studies Department-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book, Unlearning Eugenics: Sexuality, Reproduction, and Disability in Post-Nazi Europe (University of Wisconsin Press, 2018), Dagmar Herzog examines the relationship between reproductive rights and disability rights in contemporary European history. In a study that appeared in the George L. Mosse Series in Modern European Cultural and Intellectual History, Herzog uncovers much that is unexpected. She analyzes Protestant and Catholic theologians that were pro-choice in the 1960s and 1970s; the ways in which some advocates of liberalized abortion access displayed hostility to the disabled; the current backlash against women’s reproductive rights in Europe fueled in part by activists presenting themselves as anti-eugenics and pro-disability; and the impressive advances in disability rights inspired by submerged, contrapuntal strands within psychoanalysis and Christianity alike. An outstanding contribution to the histories of religion, sexuality, and disability rights, this book is essential reading for anyone interested in post-1945 Europe. Michael E. O’Sullivan is Associate Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Hidetaka Hirota is an Assistant Professor in the Institute for Advanced Study at Waseda University in Tokyo, Japan. Prior to his current position, he was a Mellon Research Fellow in the Society of Fellows in the Humanities at Columbia University and taught at the City University of New York-City College. Dr. Hirota’s book, Expelling the Poor: Atlantic Seaboard States and the Nineteenth-Century Origins of American Immigration Policy (Oxford University Press, 2018) has received awards from the Immigration and Ethnic History Society, the New England American Studies Association, and the American Conference for Irish Studies, and Dr. Hirota’s book also received a special commendation for the Massachusetts Historical Society book prize. Dr. Hirota’s book focuses on state legislation policies of immigration control in New York and Massachusetts. Dr. Hirota asserts those laws come to act as a framework for subsequent federal policy. While most American Studies scholars have mostly aligned with the dominant theory that our nation had open borders prior to the Chinese Exclusion Act of 1882, Hirota’s research reveals that prior to the 1880s laws of exclusion and deportation were used to to rid communities of the poor and infirm. "Hidetaka Hirota's Expelling the Poor is an exceptional, deeply researched, and timely study that transforms our understanding of U.S. immigration history and of Irish American studies. Shockingly, Hirota demonstrates that in the mid-nineteenth century Massachusetts and New York officials, inspired by nativism, anti-Catholicism, and what would now be called neoliberalism, excluded and/or deported roughly 100,000 would-be immigrants to the United States: mostly Irish paupers, many of them helpless widows and orphans, often expelled in the cruelest and most autocratic manner. As Hirota also shows, these vicious state policies were later adopted on the federal level, and, indeed, they are implemented today against the immigrants and refugees that US economic and foreign policies have uprooted from their homes."--Kerby A. Miller, author of Emigrants and Exiles: Ireland and the Irish Exodus to North America. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his most new book Fight the Power: African Americans and the Long History of Police Brutality in New York City (NYU Press, 2018), Clarence Taylor, dean of the history of the civil rights movement in New York, looks at black resistance to police brutality in the city, and institutional efforts to hold the NYPD accountable, since the late 1930s and '40s. “Many people think that police brutality is a recent phenomenon,” says Taylor, professor emeritus at Baruch College and The Graduate Center of City University of New York. But, in fact, it has a long, sordid history, going back even further than the years covered in this new book. And long before the era of cellphones, black newspapers did their own investigations when men, women, and children were beaten or killed by the police. (Louis Lomax, the first African-American journalist to appear regularly on television news, commented in the early 1960s that, if not for police brutality, the black press would have "considerable blank space.") Taylor also looks at the history of the Civilian Complaint Review Board, first proposed after the Harlem riots of 1935 and 1943. La Guardia and the mayors who followed refused to challenge the NYPD’s power, which is why it took nearly fifty years to establish an independent public agency to investigate allegations of abuse. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Peyote occupies a curious place in the United States and Mexico: though prohibited by law, its use remains permissible in both countries for ceremonial practices in certain religions. As Alexander S. Dawson reveals in The Peyote Effect: From the Inquisition to the War on Drugs (University of California Press, 2018), this anomalous position is nothing new, as it existed as far back as the prohibitions on the use of peyote by non-Indians imposed by the Inquisition in Mexico during the colonial period. Though this ban ended with Mexico’s independence, it was not until chemists in Germany and the United States began investigating peyote’s properties in the late 19th century that its usage spread outside of Native American communities. Fears of the drug’s psychoactive effects led to a succession of state-level U.S. bans in the early 20th century, yet these were usually fragmentary in their scope, allowing for its continued usage by Native American communities outside their jurisdictions. The broader use of peyote as a hallucinogen in the 1950s led to more general efforts to outlaw it, yet the exemptions granted for its use by Native Americans in religious practices creates a distinction between them and the larger population akin to the one that existed during the colonial era hundreds of years ago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Witte, Jr.'s The Western Case for Monogamy over Polygamy (Cambridge University Press, 2018) is an extensively researched book showcasing the author's deep knowledge and experience in the field of family and religious law. It traces the legal origins of European monogamy from the classical period to the present. Originally conceived as a brief for an advisory opinion to a Canadian court, Witte transformed this assignment into a work that not only explores the history of European marital law, but argues that monogamy is positive for society. It considers not just the legal, but also the moral and religious arguments for this institution. He joins us from Atlanta. Jeffrey Bristol is a PhD candidate in Anthropology at Boston University and a JD candidate at the University of Michigan Law School.
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At a speech before the unveiling of the Freedman’s Monument in 1876, Fredrick Douglass stated, “You are the children of Abraham Lincoln. We are only at best his step-children; children by adoption, children of circumstances and necessity.” But who was Douglass referring to when he said "You are the children of Abraham Lincoln" and what did he mean? Dr. William Green investigates this statement in a case-study of four whites from Minnesota who fought hard and won rights for black Americans during and after the Civil War. By evaluating the actions of Morton Wilkinson, Thomas Montgomery, Daniel D. Merrill, and Sarah Burger Stearns, Dr. Green shows how black suffrage was earned in Minnesota, leading the so-called children of Lincoln to say, “We have done our part.” The Children of Lincoln: White Paternalism and the Limits of Black Opportunity in Minnesota, 1860–1876(University of Minnesota Press, 2018) is a fascinating, well-researched book about the limits of black opportunity in Minnesota with remarkable parallels to today’s social and political climate. Dr. William Green is professor of history at Augsburg University and vice president of the Minnesota Historical Society. Dr. Green received his B.A. in History from Gustavus Adolphus College, and his M.A., Ph.D., and J.D. from the University of Minnesota. Colin Mustful has a M.A. in history from Minnesota State University, Mankato, and is currently a candidate for a M.F.A. in Creative Writing from Augsburg University. You can learn more about his work at his website: www.colinmustful.com.
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How is it that “liberalism” is a word so ubiquitous and yet we can hardly seem to agree on its meaning? In her book The Lost History of Liberalism: From Ancient Rome to the Twenty-First Century (Princeton University Press, 2018), Helena Rosenblatt traces the history of the words “liberal” and “liberalism” in order to understand how liberals defined themselves, and what they meant when they spoke about liberalism. In recovering liberalism’s roots in the French Revolution, as well as highlighting the centrality of the German thinkers who transformed it, Rosenblatt debunks the myth of liberalism as an Anglo-American tradition centered on individual rights. Emily K. Crandall is a PhD candidate in Political Science at the Graduate Center, CUNY. She is a fellow at the Center for Global Ethics and Politics in the Ralph Bunche Institute for International Studies.
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How and why did public opinions about gay marriage shift? In his new book, The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture (New York University Press, 2018), Peter Hart-Brinson explores this question and more through public opinion data and interviews with two generations of Americans. By using these mixed methods of analysis, Hart-Brinson dissects generational change of attitudes toward gay marriage through interpretive, historical, and demographic analyses. This book contributes to the literature by building upon previous work and moving the discussion of generational change and attitudes forward. Concepts that are important for the book include differences between orientation and attraction, a difference in how the two generations Hart-Brinson interviewed speak about gay marriage. This book is accessible to a wide audience and will be of interest to family and public opinion scholars, as well as anyone interested in public attitudes or gay marriage specifically. This book would be a great addition to any graduate level course on families, as it gives a solid background of the history of the LGBTQ movement as well as attitudes shifts toward gay marriage. Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch.
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How did the search for Nazi fugitives become a vehicle to oppose South American dictatorships? Daniel Stahl’s award-winning new book traces the story of three continents over the course of half a century in Hunt for Nazis: South America's Dictatorships and the Prosecution of Nazi Crimes (Amsterdam University Press, 2018). Through a rich transnational history, Daniel traces the ebb and flow of political will alongside the cooperation between far flung governments and civil society groups. The result is unique insight into how post-war justice became a battleground for the legitimacy of authoritarian regimes. Daniel Stahl is a research associate at the Friedrich Schiller University Jena. Hunt for Nazis was distinguished with the Opus Primum award from the Volkswagen Foundation. Stahl has also worked on the Independent Historian’s Commission on the History of the German Foreign Office and is currently researching a history of arms trade regulation in the 20th century. Ryan Stackhouse is a historian of Europe specializing in modern Germany and political policing under dictatorship. His research exploring Gestapo enforcement practices toward different social groups is nearing completion under the working title A Discriminating Terror. He also cohosts the Third Reich History Podcast and can be reached at john.ryan.stackhouse@gmail.com or @Staxomatix.
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Harkening back to the tribunal on Vietnam once convened by Bertrand Russell and Jean-Paul Sartre, the World Tribunal on Iraq (WTI) emerged in 2003 from the global antiwar movement that had mobilized against the invasion and subsequent occupation of Iraq by a US-led coalition. This decentralized, transnational network of antiwar activists attempted to document and give grounds for the prosecution of war crimes committed by the allied forces. Ayça Çubukçu's For the Love of Humanity: The World Tribunal on Iraq (University of Pennsylvania Press, 2018) is a remarkable investigation of the WTI, combining extensive ethnographic fieldwork with close readings of political and legal theory. Çubukçu provides on the ground accounts of the debates and discussions within the WTI, reading them with and as examples of political philosophy in action. The book engages with urgent questions about the challenges and potentials of horizontal, network forms of political action, transnational politics across differences, and perhaps most fundamentally, with the challenges any anti-imperialist politics faces today. Through her careful, incisive analysis, Çubukçu convincingly shows that the language of law and global human rights was not merely cynically appropriated by those who pushed for the war on Iraq. Instead, in complex ways, the ideals of international law and human rights underwrote both the arguments for the war in Iraq and the anti-war praxis of the WTI. The book thus complicates any attempt to, as the author puts it, simply counterpose “law’s empire” with “empire’s law”, raising critical questions about the relationship between law, human rights, imperialism, and cosmopolitanism. Required reading for those interested in the contradictions of imperialism and anti-imperialism today, Çubukçu's study attests to the promise and peril captured in the phrase “the love of humanity”. Kamran Moshref is a PhD candidate in Political Science at The Graduate Center, CUNY. He is a Graduate Fellow at the Center for Global Ethics and Politics at the Ralph Bunche Institute for International Studies at the Graduate Center, which co-sponsors the podcast.
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2018 has been a great year for books about sub-national government in the United States. The year ends with another to add to the list. Jessica Trounstine has written Segregation by Design: Local Politics and Inequality in American Cities(Cambridge University Press, 2018). Trounstine is associate professor of political science at the University of California, Merced. Segregation by Design draws on a century of data from thousands of American cities to explore how local governments design policies that create race and class segregation. Trounstine maps the historical development of segregation and the ways that suburbanization has fit with patterns of residential segregation. Zoning laws and public goods have been used to advance the goal of some residents for racially segregated neighborhoods. She argues that local governments have pursued these policies to enhance the wealth and resources of white property owners at the expense of people of color and the poor. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
McKenzie Wark’s new book offers 21 focused studies of thinkers working in a wide range of fields who are worth your attention. The chapters of General Intellects: Twenty-One Thinkers for the Twenty-First Century (Verso, 2017) introduce readers to important work in Anglophone cultural studies, psychoanalysis, political theory, media theory, speculative realism, science studies, Italian and French workerist and autonomist thought, two “imaginative readings of Marx,” and two “unique takes on the body politic.” There are significant implications of these ideas for how we live and work at the contemporary university, and we discussed some of those in our conversation. This is a great book to read and to teach with! Carla Nappi is the Andrew W. Mellon Chair in the Department of History at the University of Pittsburgh. You can learn more about her and her work here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book, historian Jennifer Altehenger, a Senior Lecturer in Contemporary Chinese History at King’s College London, grapples with the complex issue of how authorities and cultural workers attempted to create effective law propaganda. Legal Lessons: Popularizing Laws in the People’s Republic of China, 1949-1989 (Harvard University Asia Center, 2018) traces the techniques used and challenges using a series of case studies including the 1953 Marriage Law mass campaign and the 1954 constitution national discussion. These efforts sought not only to inform Chinese citizens of the law but also involved them in such ways that they would feel obliged to then follow the laws in the future. Drawing from a wide variety of archival sources including government documents, periodicals, advice manuals, memoirs, and posters, Altehenger highlights the tension between the intention of the government to educate and the interpretations the people made themselves about new laws. She explores law dissemination into the 1970s and 1980s, locating a revival of efforts to popularize laws, including the use of new media and five-year plans. These techniques have a lasting legacy in China, making this book important reading for anyone interested in propaganda and the governance of China. Laurie Dickmeyer is an Assistant Professor of History at Angelo State University, where she teaches courses in Asian and US history. Her research concerns nineteenth century US-China relations. She can be reached at laurie.dickmeyer@angelo.edu.
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Criminal justice, policing, and mass incarceration have gained significant political attention recently, and the problems of these systems have drawn increasingly frequent calls for reform from the right and left. Historians have turned their attention to illuminating the roots of these institutions. While many historians have focused on the 20th century, others have examined the emergence of urban professional police departments in the 19th century. Adam Malka, an Assistant Professor of History at the University of Oklahoma, takes these questions to the antebellum period to illuminate how these new police forces emerged in an age of liberal ideals and emancipation. In The Men of Mobtown: Policing Baltimore in the Age of Slavery and Emancipation (University of North Carolina Press, 2018), Malka examines the development of the Baltimore police department in the years leading up to and following the Civil War. Malka highlights several unexpected features of this development. He shows the continuity and connections between antebellum vigilante justice and the professional police force. Further, he shows the emerging image of black criminality in the post-Civil War era was not opposed to the liberal ideals that came with the war, but rather was integral to them. In this episode of the podcast, Malka discusses the insights of the book. He explains why Baltimore is a particularly apt city for studying the rise of professional policing and how those new law enforcement institutions built on and worked in tandem with the vigilante policing that came before. He also discusses how ideas of property shaped policing, the ideals of liberalism, and the image of black criminality. We also discuss the challenges of researching this topic and, finally, conclude by considering how this more nuanced history might inform our understanding of current controversies surrounding policing. Christine Lamberson is an Associate Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu.
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In Patent Politics: Life Forms, Markets, and the Public Interest in the United States and Europe (University of Chicago Press, 2017), Shobita Parthasarathy takes us through a thirty year history of the legal debates around patents. This is an understudied area of STS that Parthasarathy carefully navigates in order to understand how knowledge production interacts with law. The reader learns the differences in values, law and objects between US and European patent politics. This comparison brings into focus the role that law, biotechnology corporations, scientists, activists, and more play in deciding what knowledge deserves legal protection. Patent Politics is a fascinating read that will continue to be relevant for many years to come.
Chad J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California, San Diego. His research interests include the history of the human sciences, the influence of the behavioral sciences on medical practice and health policy, and political activism around science and the arts. You can follow him on Twitter @chadjvalasek. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Histories of rights have too often marginalized Native Americans and African Americans. Addressing this lacuna, Native Land Talk: Indigenous and Arrivant Rights Theories (Dartmouth College Press, 2018), expands our understanding of freedom by examining rights theories that Indigenous and African-descended peoples articulated in the eighteenth and nineteenth centuries. As settlers began to distrust the entitlements that the English used to justify their rule, the colonized and the enslaved formulated coherent logics of freedom and belonging. By anchoring rights in nativity, they countered settlers’ attempts to dispossess and disenfranchise them. Drawing on a plethora of texts, including petitions, letters, newspapers, and official records, Yael Ben-zvi, American Studies Professor at Ben-Gurion University of the Negev, analyzes nativity’s unsettling potentials and its discursive and geopolitical implications. She shows how rights were constructed in relation to American, African, and English spaces, and explains the obstacles to historic solidarity between Native American and African American struggles.
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Ryan Tripp (Ph.D., History) is currently an adjunct in History at Los Medanos Community College and Southern New Hampshire University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Networked Press Freedom: Creating Infrastructures For a Public Right to Hear (MIT Press, 2018), journalism professor Mike Ananny provides a new framework for thinking about the media at a time of significant change within the industry. Drawing on a variety of disciplines from journalism studies, political theory and technological studies, Ananny argues press freedom is a result of an interplay of duty, autonomy, social, and institutional forces.
Focusing on the public right to hear, Ananny explores the competing values and publics journalists must negotiate to provide objective news and to build trust. Exploring the complexities of ‘doing journalism’ in the 21st century with competing technological platforms he attempts to answer the question: what is the role of journalism and freedom of the press in the modern era? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What if guns “are not merely carriers of action, but also actors themselves?” That’s the question that animates and unites Jonathan Obert‘s and Andrew Poe‘s, and Austin Sarat‘s unique collection of essays, The Lives of Guns (Oxford University Press, 2018). In it, contributors discuss the political, social and personal “lives” of guns from a variety of perspectives. Join us to hear editors Obert and Poe help us consider new ways of thinking about American narratives of ballistic weapons.
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians(New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Redefining the Modern Military: The Intersection of Profession and Ethics (Naval Institute Press, 2018), edited by Nathan K. Finney and Tyrell O. Mayfield, is a collection of essays examining military professionalism and ethics in light of major changes to modern warfare. Contributors examine philosophical and legal questions about what constitutes a profession, the requirements of a military professional, and military education. Additionally, the authors tackle questions of ethics related to new technological advancements, such as unmanned aircraft. Finally, an interesting discussion of the military’s relationship with society, and vice versa, is discussed as an important component of oversight of the profession. Today I spoke with Finney and one of the contributors, Brian Laslie.
Beth Windisch is a national security practitioner. You can tweet her @bethwindisch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
If you are tired of reading the same, Washington-based, consensus, ‘realist’ and or ‘neo-conservative’, critiques of American foreign policy, here is something to salivate on: Jeffrey D. Sachs’, A New Foreign Policy: Beyond American Exceptionalism (Columbia University Press, 2018). By turns, noted author Jeffrey Sachs’ book is unorthodox, iconoclastic, novel and indeed at times eccentric. A New Foreign Policy provides a road map for a U.S. foreign policy that embraces globalism, cooperation, international law, and aspirations for worldwide prosperity—not nationalism and illusory dreams of empty and past glory. You may not agree with him, indeed you may believe that he is completely wrong and his facts do not add up. Regardless, Sachs’ book is the one that foreign policy experts will be discussing this Fall.
Charles Coutinho holds a doctorate in history from New York University. Where he studied with Tony Judt, Stewart Stehlin and McGeorge Bundy. His Ph. D. dissertation was on Anglo-American relations in the run-up to the Suez Crisis of 1956. His area of specialization is 19th and 20th-century European, American diplomatic and political history. It you have a recent title to suggest for a podcast, please send an e-mail to Charlescoutinho@aol.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
If you watch old movies or study film history, you may know that early 20th-century Hollywood operated under the Motion Picture Production Code, which dictated what could and couldn’t be portrayed onscreen. But did you know that television had a code of its own? Its story has never been told at length until now.
Deborah Jaramillo, Associate Professor of Film and Television at Boston University, is the author of a new book called The Television Code: Regulating the Screen to Safeguard the Industry (University of Texas Press, 2018). Jaramillo tells the story of a young television industry’s attempt to police itself on controversial questions about content, fending off pressure from government regulators and finicky viewers. Jaramillo explores whether the federal government could have played a stronger role at this formative time in the industry, and what the code did and didn’t accomplish in its three decades of existence. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Interviewing one member of Congress is a feat for most researchers. Interviewing nearly 100 and almost every women member of Congress is remarkable. Even more remarkable is what we can learn from that data collection about the perceptions of women members of Congress, especially about the way they perceive recent partisan polarization and the changing role of gender, race, and ethnicity.
Such is the exhaustive project of Kelly Dittmar, Kira Sanbonmatsu, and Susan J. Carroll, who are the authors of A Seat at the Table: Congresswomen’s Perspectives on Why Their Presence Matters (Oxford University Press, 2018). Dittmar is assistant professor of political science, Sanbonmatsu is professor of political science, and Carroll is professor of political science and gender studies, all at Rutgers University.
If you want to know how members of Congress think and the ways that they view their work, you would be hard pressed to find a better book. Dittmar, Sanbonmatsu, and Carroll fill so many blanks in the study of the ways that women legislate and how they perceive that work. This book is a must read for scholars of women and politics, American politics, and representation.
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Dan Ponder’s new book, Presidential Leverage: Presidents, Approval, and the American State (Stanford University Press, 2018), is an important and thoughtful exploration of the concept of presidential leverage, specifically how much capacity the president has to accomplish goals, particularly in terms of asserting power to produce outcomes from Congress. Ponder examines leverage in context, which makes this book very useful in thinking about not only the Executive, but also the Legislature, and the ways in which the branches and political bodies operate in our political system. Presidential Leverage explores not only the president’s role in many of the ways scholars generally assess the president, but also the presidency as part of the state itself. Ponder braids together this understanding of position of the president (and his/her general approval or disapproval by the citizens) and how the strength of that position is tied not just to the office and the person in it, but also to broader conceptualizations of citizen trust in government. Ponder interrogates this dynamic, unpacking and examining the different parts of it, and then integrates these pieces into a quantitative scoring of presidential leverage, giving the reader an understanding of when presidents may have more capacity or political capital and when they may have less influence or ability—but that these capacities, or lack thereof, are not just about the person in the White House, but very much connected to how we, the people, think about our government. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
According to a long tradition in political philosophy, there are certain conditions under which citizens may rightly disobey a law enacted by a legitimate political authority. That is, it is common for political philosophers to recognize the permissibility of civil disobedience, even under broadly just political conditions. There are, of course, longstanding debates over how to distinguish civil from uncivil disobedience, what forms civil disobedience may take, and the difference between civil disobedience and other kinds of principled lawbreaking (such as conscientious refusal). Yet the consensus seems to be that whenever disobedience is permissible, it must also be enacted within the constraints of civility.
In her new book, A Duty to Resist: When Disobedience Should Be Uncivil (Oxford University Press, 2018), Candice Delmas challenges this consensus. She develops an argument according to which standard arguments for the general obligation to obey the law also permit forms of principled lawbreaking that go beyond standard constraints of civility. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (New York University Press, 2018), edited by Brian P. Owensby and Richard J. Ross, examines the conflict and interplay between settler and indigenous laws in the New World.
As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other’s legal ideas and conceptions of justice.
This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law.
Natives and settlers construed and misconstrued each other’s legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.
Ryan Tripp teaches a variety of History courses at Los Medanos Community College. He also teaches History courses for two universities. He has a Ph.D. in History from the University of California, Davis, with a double minor that includes Native American Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What voices have been silenced in the history of the Holocaust? How did victims and perpetrators make sense of their experiences? How did the failed pursuit of post-war justice shape public memory? In her new book Reckonings: Legacies of Nazi Persecution and the Quest for Justice (Oxford University Press, 2018), Mary Fulbrook uses diaries, memoirs, and trials to recover the full spectrum of suffering and guilt. By exposing the disconnect between official myths and unspoken realities of post-war justice, Mary illuminates the changing public attitudes to perpetrators and survivors.
Mary Fulbrook is a Professor of German History at University College London. Her numerous books cover modern Germany, its two dictatorships, the Holocaust, and questions of historical interpretation. She currently directs the AHRC Compromised Identities project on the character and personal legacies of perpetration and complicity. Fulbrook is also a member of the Academic Advisory Board of the former concentration camps Buchenwald and Mittelbau-Dora as well as the Editorial Boards of German Politics and Society and Zeithistorische Forschungen.
Ryan Stackhouse is a historian of Europe who specializes in modern Germany and political policing under dictatorship. His research exploring Gestapo enforcement practices toward different social groups is nearing completion under the working title Policing Hitler’s Critics. He also cohosts the Third Reich History Podcast and can be reached at john.ryan.stackhouse@gmail.com or @Staxomatix. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The title of Svetlana Stephenson’s book Gangs of Russia: From the Streets to the Corridors of Power (Cornell UP, 2015) invites a number of questions: How do criminal and legal spheres conflate? Is the cooperation of criminal organizations and legal institutions inherent to a society structure? In what way do gangs shape society, and vice versa? And what model of the societal structure does the Russian case offer? Far from being exhaustive, these issues receive a thorough investigation in Svetlana Stephenson’s attempt to analyze Russian gangs from the perspective of a social form. As the scholar asserts, “Russian gangs are not alien to society: they are firmly embedded in it” (9). Gangs do not constitute separate worlds, although they may seem closed and isolated: gangs signal individual’s aspirations and ambitions and, to a large extent, societal challenges. Gangs of Russia traces the development of Russian criminal organizations, ranging from early Soviet years to the present-day Russia. Including data and information that was received in the course of interviewing current and/or former gang members of different, so to speak, “ranks,” Svetlana Stephenson locates the gang as a social form in the continuum of sociology, history, politics, and culture. On the one hand, the Russian gang is presented as a successor of Soviet criminal organizations and, on the other hand, it is presented as an establishment that pioneers and propels new modes of criminal behavior and new ways of collaboration with legal institutions. This research also includes and further invites comparative perspectives on the nature of the criminal gang: insights into Russian gangs are supplemented with fine observations with regard to the Italian mafia and the American criminal world. While being a compelling read for those who are interested in sociology, Gangs of Russia also provides a fascinating cultural twist. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book, Remote Freedoms: Politics, Personhood and Human Rights in Aboriginal Central Australia (Stanford University Press, 2018), Sarah E. Holcombe, a Senior Research Fellow at the University of Queensland and a Visiting Fellow at the Australian National University, explores how universal human rights, codified 70 years ago in the Universal Declaration of Human Rights, get translated, practiced, and challenged in the context of Indigenous rights. Through her field research with Anangu of Central Australia, she shows the paradoxical, double-edged nature of human rights for Aboriginal people and considers alternative ways of thinking about human dignity. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Author, journalist and sometime park ranger Ken Ilgunas has written an argument in favor a “right to roam.” This concept, unfamiliar to most Americans, is one of an ability to traverse public and private property for purposes of enjoying nature. In This Land is Our Land: How We Lost the Right to Roam and How to Take It Back (Plume, 2018), Ilgunas compares U.S. property laws with the traditions and laws of England, Scotland and Scandinavian countries. In these nations a right to roam has been recognized and, Ilgunas argues, has been a boon to citizens’ enjoyment of their nations’ lands, while also protecting the property rights of private owners. Ilgunas addresses owners’ concerns about the use and enjoyment of their land and makes the case that a “right to roam” would be beneficial to owners and members of the public alike. Yet, Ilgunas also acknowledges the obstacles to creating such a right in the United States: popular understandings of the sacredness of private property, fears of lawsuits, the existence of public lands as alternative venues, and the federal and state systems of land management. Ilgunas also concedes that a “right to roam” is not merely a legal problem but a problem regarding long-held perceptions of the moral rightness of private property and the ability to exclude others from using one’s land.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory.
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Jonathan W. White, an associate professor of American Studies at Christopher Newport University, is the author of Lincoln on Law, Leadership, and Life (Cumberland House, 2015). In this work White reveals the moral character of Abraham Lincoln through his law practice. Lincoln was a lawyer on the American frontier in Illinois, representing clients ranging from individuals in divorces and railroads in contract disputes. Throughout his career he rendered advice, not only to clients but to prospective young lawyers and friends. Lincoln’s experience as a lawyer is both revealing about the norms of law practice in the antebellum period and about the formation of Lincoln’s approach to law and governance, which would influence his behavior as President during the Civil War. White has an eye for entertaining and revealing anecdotes. In revealing how Lincoln practiced law White helps uncover Lincoln as a person, beyond the reverential historical figure we all know from America’s Civil War.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Recent years have seen new waves of research in Syriac studies, the medieval Middle East, and family history. Combining all three, Lev Weitz’s Between Christ and Caliph: Law, Marriage, and Christian Community in Early Islam (University of Pennsylvania Press, 2018), revisits the early years of Islamic civilization by looking at an oft-neglected population in the secondary literature, Syriac Christians. Weitz’s study uses marital practice from the seventh through tenth centuries to illustrate how Islamic law influenced the development of Christian law and the role religious authorities –that is the Christian bishops– had to play in it. We talk through polygamy, confessional boundaries, and what households meant now and then; Weitz also fills us in on what the growing field of Syriac studies looks like, how it is changing, and how a scholar of the medieval Middle East gets their sources.
Lev Weitz is an historian of the Islamic Middle East. He is an assistant professor at the Catholic University of America, in the Department of History; he also directs the Islamic World Studies program at Catholic University. For academic year 2018-19, he will be a fellow of the Kluge Center at the Library of Congress. He did his PhD at Princeton University at the Department of Near Easter Studies. His scholarly interests lie in the encounters among Muslims, Christians, and Jews that have shaped the Middle East’s history from the coming of Islam to the present.
Nadirah Mansour is a graduate student at Princeton University’s Department of Near Eastern Studies working on the global intellectual history of the Arabic-language press. She tweets @NAMansour26 and produces another Middle-East and North Africa-related podcast: Reintroducing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Samuel Moyn’s The Last Utopia traced the evolution of the human rights revolution and argued that human rights as an ideology took the place of socialism and other utopian ideologies that failed. In his new book, Not Enough: Human Rights in an Unequal World (Harvard University Press, 2018), Moyn examines human rights from a different perspective, namely its inability to challenge the rise of inequality across the world. Moyn argues that this development wasn’t inevitable from a historical perspective and was the result of decisions made by politicians and social priorities articulated by philosophers beginning in the twentieth century. As a consequence, human rights has coexisted alongside inequality, unable to meaningfully critique it.
Moyn begins by looking at the French Revolution, which he asserts was the first government that explicitly thought in egalitarian terms for its citizens. Noting that the welfare state was ironically a project of right-wing nationalist governments, Moyn argues that the postwar welfare states nevertheless embraced egalitarian impulses that not only established protections for their citizens but established ceilings on the kinds of wealth that that they could enjoy. In the Global South, newly independent states also embraced ideologies that would do the same. However, development economists instead emphasized poverty reduction campaigns that sought to provide marginal protections for the indigent without limiting the growth of wealth; this was matched by philosophers who reflected this same concern. The result was a human rights revolution focused more on subsistence and protections for the worst off that never tried to fight rising inequality.
Zeb Larson is a PhD Candidate in History at The Ohio State University. His research is about the anti-apartheid movement in the United States. To suggest a recent title or to contact him, please send an e-mail to zeb.larson@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sarah E. Igo is an associate professor of history at Vanderbilt University and the author of The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018). Igo provides a legal and social history of the idea of privacy and how it was first evoked, challenged, written into law and reinterpreted by ordinary citizens in the age of mass marketing and social media. Once the right of elite citizens to protect their reputations, the growth of the bureaucratic state, communications technologies, and the inquiries of experts brought the issue of privacy into view for many more Americans. First defined by legal experts as the “right to be left alone” in bodily, mental and emotional aspects, by the end of the twentieth century privacy came to mean the right to control one’s public narrative. Americans have swung from seeking seclusion in increasingly secure homes to tell-all public confessions, reflecting a dilemma between the desire to left alone and the need to be known. Igo has shed light on why Americans are so conflicted about privacy, navigating the treacherous terrain of the state, the market and their own desire for connection, security, and visibility.
This episode of New Books in American Studies was produced in cooperation with the Society for U.S. Intellectual History.
Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her most recent book is entitled The World Come of Age: An Intellectual History of Liberation Theology, Oxford University Press, 2018. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
From petty runs to organized trafficking, the illicit activity of smuggling on the China coast was inherently dramatic, but now historian Philip Thai has also identified China’s history of smuggling as a significant narrative about the expansion of state power. China’s War on Smuggling: Law, Economic Life, and the Making of the Modern State, 1842-1965 (Columbia University Press, 2018) spans multiple regimes from the late Qing dynasty to the early years of the People’s Republic of China. Thai notes that regimes tightened regulations, increased tariffs, and enforced laws more harshly as part of the project to consolidate authority and meet challenges posed by foreign powers. The smuggling epidemic put constraints on consumption that remade daily life for individuals, merchants, and communities. Their resistance threatened the state’s power while at the same time encouraging state intervention that increased the reach of the state and its authority. Drawing from a rich array of sources including customs records, legal cases, press reports, and popular literature, Thai provides a fresh, insightful take on the development of the modern state during a period of dramatic change and challenges. China’s War on Smuggling will appeal to those interested in the history of commerce, law, and criminology in modern China. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Inspired by the usage of the term ‘enclosure’ to describe the Separation Wall in Israel-Palestine on a visit he made to the West Bank, Gary Fields in Enclosure: Palestinian Landscapes in a Historical Mirror (University of California Press, 2017) draws upon the past to speak to the Palestinian present and explain Palestinian dispossession. We talk through why Fields thinks it is necessary to use a long lens to think about the discourses framing the conflict in Israel/Palestine, specifically the English enclosures, which changed the nature of access to common land across the English countryside and Amerindian dispossession in colonial America. As land, discourse, and people themselves shape the practice of enclosure, we hone in on the politics of writing about Palestine and Palestinians, as well as how Fields’ other work fits into his academic work. Enclosure is on the short-list for the Palestine Book Award for the 2018 year.
Gary Fields is professor of communication at UC San Diego. He received his Ph.D. from the University of California, Berkeley in City and Regional Planning. He often uses photo and film to explore his research interests and writes widely beyond the academy.
Nadirah Mansour is a graduate student at Princeton University’s Department of Near Eastern Studies working on the global intellectual history of the Arabic-language press. She tweets @NAMansour26 and produces another Middle-East and North Africa-related podcast: Reintroducing. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Is there a case for the impeachment of Donald Trump? Constitutional attorney Ron Fein says not only is there a case, but also that the case exists regardless of what happens with the special counsel investigation. The Constitution Demands It: The Case for the Impeachment of Donald Trump (Melville House, 2018), co-authored by Fein and two of his legal colleagues at Free Speech for People, articulates the grounds for at least eight articles of impeachment, most of which are unrelated to the allegations of a election conspiracy with Russian officials. They argue Trump has violated the Constitution by accepting payments from foreign governments through his Washington, DC hotel, using government agencies to pushing political enemies, undermining a free press and abusing the power to pardon. The book argues that political considerations for 2018 and 2020 should be set aside, and that the impeachment process should begin immediately strictly on constitutional grounds.
Bill Scher is a Contributing Editor for POLITICO Magazine. He has provided political commentary on CNN, NPR and MSNBC. He has been published in The New York Times, The New Republic, and The New York Daily News among other publications. He is author of Wait! Don’t Move to Canada, published by Rodale in 2006. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Thomas Mulligan’s new book, Justice and the Meritocratic State (Routledge Press, 2018), posits a theory of justice that is based on the allocation of valuable goods (jobs and appropriate income) according to merit. This is an abstract concept that Mulligan details according to economic, philosophical, and political understandings. He weaves together the political and economic dimensions of meritocratic allocations and spends the latter part of the book noting policy ideas that can bring this abstract concept into being. In the process, Mulligan critiques contemporary concepts of justice, especially commenting on the 20th-century work by Robert Nozick, John Rawls, Leo Strauss, and post-modern philosophers. The argument made for meritocratic allocation of valuable goods is seen as a kind of third way between the limited nature of egalitarian theory on one side and libertarian theory on the other. The argument for “desert”-based justice also brings the ideal of the American dream into clearer focus in Mulligan’s analysis. His book explores this concept in great detail, clearing up what has been the murky nature of an understanding of what meritocracy really means. Throughout the book, Mulligan delves into concepts of meritocracy from classical authors like Socrates/Plato and Aristotle, as well as from eastern approaches. He explores the integration of an understanding of meritocratic governance and political power from Confucian political theory as well as from much of the western philosophical canon. This book spans a variety of disciplines, and may be of interest to political theorists, economists, philosophers, sociologists, and others. It is clearly written and takes the reader through not only the concept of meritocracy and desert-based justice, but also the role of economics in understanding justice, and, finally, the kinds of policy and rhetorical shifts that are necessary to more fully establish a meritocratic state.
This podcast was hosted by Lilly Goren, Professor of Political Science and Global Studies at Carroll University in Waukesha, WI. You can follow her on Twitter @gorenlj Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did prisons become a tool of racial inequality? Using historical data, Heather Schoenfeld’s new book Building the Prison State: Race and the Politics of Mass Incarceration (University of Chicago Press, 2018) “answers how the United States became a nation of prisons and prisoners” (p. 5). Schoenfeld exposes the reader to the historical development of prisons and policy development. She focuses specifically on Florida as a case study to show how prisons become racialized social systems. Interestingly, much of the crime control we have today grew out of racialized punishments and unrest shaped during the civil rights era. Bringing us all the way up to 2016, Schoenfeld sheds light on how prisons developed over time, even as crime rates have fallen. Often incentivized as a source of economic potential in rural areas, prisons have a unique history in the U.S. and this book uncovers that fascinating history.
This book will be of interest to Sociologists and Criminologists, but also Political Scientists and social activists. Sections of the book could be used in an undergraduate Criminology course or a course specifically focused on race and crime. This text would also be critically important to have in a graduate level Criminology course.
Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There are numerous political debates about education policy today, but some of the most heated surround vouchers, charter schools, and other questions about public funding and oversight of private schools. Though many of these questions feel new, they, in fact, have a long history. Public vs. Private: The Early History of School Choice in America (Oxford University Press, 2018) examines that history, tracing early debates about school choice. Robert N. Gross, a history teacher and assistant academic dean at Sidwell Friends School in Washington, DC, explains how public schools developed with their promoters intending them to be a new monopoly in education. Then, in the late 19th century, Catholic immigrants sought to set up private schools, leading to an era of conflict and compromise between public and private school policy. Gross shows how and why regulation become an important tool for both sides in those conflicts. Further, the book shows how schools were thought of as a public utility and become a key part of larger trends in state regulation of private entities performing public functions.
In this episode of the podcast, Gross discusses his new book. He explains the goals of public school promoters in the 19th and early 20th centuries, and how private schools challenged the dominance of common schools. Finally, we also discuss the importance of this history for thinking about regulation, public schools, and the law today.
Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th-century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu.
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In his Property and Dispossession: Natives, Empires and Land in Early Modern North America (Cambridge University Press, 2018), Allan Greer, Canada Research Chair in Colonial North America at McGill University in Montréal, examines the processes by which forms of land tenure emerged and natives were dispossessed from the sixteenth to the eighteenth centuries in New France (Canada), New Spain (Mexico), and New England. By focusing on land, territory, and property, he deploys the concept of ‘property formation’ to consider the ways in which Europeans and their Euro-American descendants remade New World space as they laid claim to the continent’s resources, extended the reach of empire, and established states and jurisdictions for themselves. Challenging long-held, binary assumptions of property as a single entity, which various groups did or did not possess, Greer highlights the diversity of indigenous and Euro-American property systems in the early modern period. The book’s geographic scope, comparative dimension, and placement of indigenous people on an equal plane with Europeans makes it unlike any previous study of early colonization and contact in the Americas.
Ryan Tripp teaches a variety of History courses, such as Native American Cultures and History in North America, at Los Medanos Community College. He also teaches History courses for two universities. He has a Ph.D. in History from the University of California, Davis, with a double minor that includes Native American Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1907 the U.S. Congress created a joint commission to investigate what many Americans saw as a national crisis: an unprecedented number of immigrants flowing into the United States. Experts—women and men trained in the new field of social science—fanned out across the country to collect data on these fresh arrivals. The trove of information they amassed shaped how Americans thought about immigrants, themselves, and the nation’s place in the world. Katherine Benton-Cohen argues that the Dillingham Commission’s legacy continues to inform the ways that U.S. policy addresses questions raised by immigration, over a century later.
Within a decade of its launch, almost all of the commission’s recommendations—including a literacy test, a quota system based on national origin, the continuation of Asian exclusion, and greater federal oversight of immigration policy—were implemented into law. Inventing the Immigration Problem: The Dillingham Commission and Its Legacy (Harvard University Press, 2018) describes the labyrinthine bureaucracy, broad administrative authority, and quantitative record-keeping that followed in the wake of these regulations. Their implementation marks a final turn away from an immigration policy motivated by executive-branch concerns over foreign policy and toward one dictated by domestic labor politics.
The Dillingham Commission—which remains the largest immigration study ever conducted in the United States—reflects its particular moment in time when mass immigration, the birth of modern social science, and an aggressive foreign policy fostered a newly robust and optimistic notion of federal power. Its quintessentially Progressive formulation of America’s immigration problem, and its recommendations, endure today in almost every component of immigration policy, control, and enforcement.
Katherine Benton-Cohen is Associate Professor of History at Georgetown University.
Lori A. Flores is an Associate Professor of History at Stony Brook University (SUNY) and the author of Grounds for Dreaming: Mexican Americans, Mexican Immigrants, and the California Farmworker Movement. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
To write a book on such a multifarious and vast, if not ubiquitous, concept as privacy is a tall task for the historian. Sarah Igo, associate professor of history at Vanderbilt University, took this on and succeeded masterfully. Her book, The Known Citizen: A History of Privacy in Modern America (Harvard University Press, 2018), is filled with sophisticated arguments and compelling stories. It explores how privacy first burst into political debate and cultural anxieties in the late nineteenth-century and how Americans ever since have navigated the moving line between the private and the public.
She traces how new technologies (e.g. instant cameras), new practices (e.g. journalistic focus on the personal), new forms of knowledge (e.g. psychology), and new book genres (e.g. the tell-all memoir) spurred debates about privacy in the United States. Most critically, she shows how claims to privacy—made by gay Americans, the poor, and other marginalized groups—were also assertions of citizenship. Who gets privacy, and how much of it—and their counterpart, who gets to know what—were questions of politics as much as culture.
Igo’s book is a welcome contribution to understanding the longer history of privacy—especially welcome in our own age of social media and mass surveillance. The book should be read by cultural historians, intellectual historians, media studies scholars, historians of the state, and scholars interested in material culture.
Dexter Fergie is a first-year PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
William Kuby is an Assistant Professor of History at the University of Tennessee-Chattanooga. His book, Conjugal Misconduct: Defying Marriage Law in the Twentieth-Century United States (Cambridge University Press, 2018), examines the complicated legal and cultural history of heterosexual marriage. Long before the controversy over same-sex marriage, Americans found multiple ways to object to certain heterosexual marriages and divorce. The commercialization of courtship through advertisements and marriage bureaus, trial and common law marriages, rising divorce and remarriage rates, interracial coupling, and onerous waiting periods and requirements created a marriage crisis in law. It also created a crisis in social policy and norms as people experimented with unconventional unions and attempted to redefine gender roles and expectations. The marriage market was rife with unrealized expectations. Often the attention from conservative critics and journalists was greater than any real threat to marriage and the family. Kuby has shown us how marriage has been an area of legal contest and the how it continually generated anxiety about the foundations of society.
This episode of New Books in Gender Studies was produced in cooperation with the Society for U.S. Intellectual History
Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. She is the author of The World Come of Age: An Intellectual History of Liberation Theology (Oxford University Press, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Stephen C. Yeazell‘s Lawsuits in a Market Economy: The Evolution of Civil Litigation (University of Chicago Press, 2018) is an in-depth look at the development and current situation of civil litigation. It beings with the question of why civil lawsuits have become such a political question and uses that to explore our world of settlements, arbitration, trials and insurance adjusting. It gives an expert, informed and even-handed look at what can be a contentious topic and is accessible to the layperson and edifying even to the professional. It portrays our environment of civil litigation as an evolving one where real people solve real problems, often for society’s benefit. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We recently marked the 50th Anniversary of Terry vs. Ohio, the US Supreme Court case that dramatically expanded the scope under which agents of the state could stop people and search them. Taking advantage of a North Carolina law that required the collection of demographic data on those detained by the police during routine traffic stops, Frank Baumgartner and his colleagues analyzed twenty million such stops from 2002-2016. They present the results of this research in Suspect Citizens: What 20 Million Traffic Stops Tell Us about Policing and Race (Cambridge University Press, 2018). Join us as we speak with Baumgartner about what they found—and what we can do to reduce the most discriminatory features of the practice.
Stephen Pimpare is Senior Lecturer in the Politics and Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017).
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If you look at the history of punishment (at least in the West), what you’ll see is that we’ve gone from a penal regime that used (inter alia) physical violence—whipping, beating, branding, amputation, and killing—to one that uses confinement. It is a mark of our “civility” that we no longer “hurt” people to get them to do what we want; instead, we put them in jails and prisons. We sentence them to “do time,” that time being a period of confinement away from, well, pretty much everybody.
In her thought-provoking book Sentencing in Time (Amherst College Press, 2017), Linda Ross Meyer examines “doing time.” What, she asks, does it really mean to “do time” and does “doing time” really do what we say it does? Her answers are, to say the least, disturbing. “Doing time” means being sentenced to meaninglessness (something humans don’t like at all) and, no, it really doesn’t do much good at all beyond removing potential malefactors from our midst for a period of time—no “reforming” is really accomplished. Her conclusion: the current penal regime, insofar as it is inhumane and ineffective, is badly broken.
By the way, this is an open-access book. You can get it for free here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The contemporary moment has brought to the forefront the question of what constitutes an American citizen. The legal question in popular understanding stems from the Fourteenth Amendment and its use of birthright citizenship as a central identifier of what makes a citizen. In Dr. Martha S. Jones’ newest book, Birthright Citizens: A History of Race and Rights in Antebellum America (Cambridge University Press, 2018) skillfully demonstrates that by the time the amendment was passed, Black Baltimoreans had already personally conceived of themselves as birthright citizens because of their lived experiences in the antebellum era. By using the country’s largest free Black population as a proxy to discuss the performance of citizenship by Black Baltimoreans, Dr. Jones re-conceptualizes our understanding of what the politics of belonging meant for this very important antebellum Black community.
Adam McNeil is a PhD student in History, African American Public Humanities Initiative and Colored Conventions Project Fellow at the University of Delaware. He can be reached on Twitter @CulturedModesty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Personal health information often seems locked-down: protected by patient privacy laws, encased in electronic record systems (EHRs) and difficult to share or transport by and between physicians and hospitals. But as Adam Tanner argues in his latest book, Our Bodies, Our Data: How Companies Make Billions Selling Our Medical Records (Beacon Press, 2017), our medical information is anything but static. He describes a vast and growing industry of trade in patient data, emanating from EHRs to pharmacy and drug company sales records. These data – ostensibly stripped of identifying information – are sold and bought largely to help medical and pharmaceutical companies better market their products (as well as for some research). Tanner asks, are these data completely safe? Could they be re-identified and threaten patient privacy? How might this trade in data impact patient care and physician practice? While consumer data breaches plague other industries, Tanner urges us as consumers, medical practitioners and society to have a much-needed and informed conversation about this largely hidden circulation of health information. His book is a great start.
Adam Tanner is a journalist, former foreign correspondent and leading expert on privacy and commercialization of personal data. His first book is entitled What Stays in Vegas: the World of Personal Data – Lifeblood of Big Businesses – and the End of Privacy as We Know It (Public Affairs, 2014). Currently, he is an associate at the Institute for Quantitative Social Science at Harvard University. Learn more about his work on his website Adamtanner.news and follow him on Twitter @DataCurtain
Dana Greenfield, MD PhD is a resident physician in Pediatrics at the University of California, San Francisco. She completed her PhD in Medical Anthropology from UCSF/UC Berkeley in 2015 and MD at UCSF in 2018. Reach her at dana.greenfield@ucsf.edu or on Twitter @DanaGfield.
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Several years on from the death of Antonin Scalia, what is his legacy? What did he leave the Supreme Court and jurisprudence? In The Justice of Contradictions: Antonin Scalia and the Politics of Disruption (Yale University Press, 2018), Rick Hasen takes up the large task of answering parts of this question. Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine.
Scalia was funny and rude and innovative. Scalia was disrupter on the court, as the book’s subtitle suggestions. Much of Hasen’s book wrestles with Scalia’s favored ways of interpreting the law, textualism and originalism. Hasen shows the impact of the turn to these approaches, both in specific court rulings, but also in the wider impact on other jurists. Hasen argues that Scalia’s legacy will be protected by the large numbers of lawyers and newly appointed judges who adopted his approaches, including the newest justice, Neil Gorsuch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Who benefits from mass incarceration in the U.S.? In her new book Inside Private Prisons: An American Dilemma in the Age of Mass Incarceration (Columbia University Press, 2017), Lauren-Brooke Eisen explain how, when and why the for-profit prison system emerged, the ways in which it functions throughout the criminal justice system today, and what we might do to improve it.
Stephen Pimpare is Senior Lecturer in the Politics and Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ramon Harvey‘s new book The Qur’an and the Just Society (Edinburgh University Press, 2017) tackles a topic as big and meaningful as the title of the book suggests. What is justice? What words does the Qur’an use to explore the meaning of justice? How did the social context of the Qur’an exist in its time as compared with later time periods? To what extent does the Qur’an give specific guidance for realizing justice, and to what extent does it give more general principles? Dr. Harvey treats these questions and others as he guides the reader through his erudite yet accessible and clearly organized monograph. He draws smoothly from numerous modern and premodern thinkers and engages closely with the Qur’anic text throughout the book; the extensive glossary also aids in the reader in making sense of the material. Given the broad relevance of justice in the Qur’an to any number of fields, the book should interest not only Islamicists and Qur’anic studies scholars, but also political scientists, scholars of exegesis more broadly, and even a general audience.
Elliott Bazzano is Assistant Professor of Religious Studies at Le Moyne College. His research and teaching interests include theory and methodology in the study of religion, Islamic studies, Quranic studies, mysticism, religion and media, and religion and drugs. His academic publications are available here. He can be reached at (bazzanea@lemoyne.edu). Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The sit-in movement that swept the Southern states in 1960 was one of the iconic moments of the post-World War II civil rights movement. Yet the images of students patiently sitting at “whites-only” lunch counters conveys only one facet of a complex series of events. In The Sit-Ins: Protest and Legal Change in the Civil Rights Era (University of Chicago Press, 2018), Christopher W. Schmidt chronicles the movement and its impact on the political and legal struggle for civil rights for African Americans. As Schmidt explains, prior to the sit-ins the main civil rights organizations were fighting segregation primarily through the courts. The incremental pace of change frustrated younger activists, with four students at North Carolina A&T ultimately deciding to fight segregation through direct protest. Yet the lunch counter protests they inspired were viewed with considerable ambivalence by the civil rights leadership, who were doubtful that the counters could be compelled to accept black patrons under existing law. Their uncertainly was reflected on the Supreme Court, where the justices’ division on the legality of segregation in privately-run facilities ultimately left the matter to be resolved by Congress in the 1964 Civil Rights Act. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1962 Richard Nixon suffered a humiliating defeat in the California gubernatorial election, one that led him to declare an end to his career in politics. What followed was one of the most remarkable political comebacks in American history, one chronicled by Victor Li in his book Nixon in New York: How Wall Street Helped Richard Nixon Win the White House (Fairleigh Dickinson University Press, 2018). It began with Nixon’s move to New York immediately after his defeat, one that Li notes placed him in the economic and media capital of the nation. He soon became a partner at a longtime Wall Street law firm, for which the political contacts he developed during his time in public office garnered considerable business. Yet Nixon remained involved in politics, working behind the scenes at the 1964 Republican convention and campaigning for Republican candidates throughout 1965 and 1966. As Li demonstrates, Nixon’s work at the firm not only earned him a sizable income, but it also provided him with key staffers for his successful 1968 presidential campaign and even an opportunity to test out some of the issues on which he would run. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The recent Supreme Court Masterpiece Cakeshop ruling showed the on-going debate between religious conservatives and advocates of LGBTQ rights. Much of this debate has been about the definition of religious freedom and how to balance religious rights against other important individual rights. This is the topic of the new book The Rhetoric of Religious Freedom in the United States (Lexington Books, 2017). Eric Miller has brought together over a dozen scholars to consider the language used to argue over these rights claims. Chapters focus on everything from Conservative Evangelicals to environmental policy to Fundamentalists response to Donald Trump.
Eric C. Miller is assistant professor of communication studies at Bloomsburg University of Pennsylvania. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Rawls is easily the most celebrated and influential political philosopher of the 20th Century, and his impact remains remarkably strong today. The central concepts with which his theory of justice begins are now components of the philosophical vernacular: The Original Position, Veil of Ignorance, Primary Goods, and his Two Principles of Justice (especially the Difference Principle) all will be well known to the majority of professional philosophers. It is less commonly acknowledged that the apparatus just referenced is but the beginning of his theory, and not its ultimate concern. Throughout his work, Rawls is attempting to address a fundamental philosophical question: Can a society committed to the freedom and equality of its citizens yet arrange social institutions in a way that reliably cultivate within persons the attitudes and dispositions required for social justice?
In John Rawls: Reticent Socialist (Cambridge UP, 2017), William A. Edmundson argues that Rawlsian justice calls for a socialist economic order. Could it be that America’s premiere political philosopher was a socialist? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Roosevelt University political science professor David Faris counsels Democrats to disregard procedural precedents and niceties, and pugnaciously wield power in his book, It’s Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics (Melville House, 2018). As Faris explains in this interview, he doesn’t mean Democrats should run smear campaigns against Republican candidates. He proposes creative and aggressive rules changes within the structure of Constitution. For example, he recommends Democrats scrap the legislative filibuster, end lifetime tenure for Supreme Court justices and break up California into seven states to expand Democratic power in the Senate. Faris argues that the Republican denial of the Merrick Garland Supreme Court nomination proves that parties do not suffer political consequences from playing political hardball. Furthermore, he argues that his reforms would make democracy work better, and not erode trust in democratic institutions.
Bill Scher is a Contributing Editor for POLITICO Magazine. He has provided political commentary on CNN, NPR and MSNBC. He has been published in The New York Times, The New Republic, and The New York Daily News among other publications. He is author of Wait! Don’t Move to Canada, published by Rodale in 2006. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It’s common to place the start of the War on Drugs with the Nixon or Reagan Administrations, but as Matthew Pembleton tells us, those are only phases II and III of a much longer drug war that began in the 1930s with the long-forgotten Federal Bureau of Narcotics. In his new book Containing Addiction: The Federal Bureau of Narcotics and the Origins of America’s Global Drug Wars (University of Massachusetts Press, 2017), Matt tell us about that agency’s history, the charismatic and controversial men who led it and served as its agents around the globe, and the ways in which the current opioid epidemic echoes an enduring pattern of drug use and misuse in the U.S.
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ian James Kidd is an Assistant Professor of Philosophy at University of Nottingham with research interests in epistemology, vices, epistemic justice, and illness. He is a co-author of the recently published The Routledge Handbook of Epistemic Justice. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jon D. Michaels, a professor of law at UCLA Law School, has written an argument in favor of the administrative state and against recent efforts to shift government functions to private contractors. In Constitutional Coup: Privatization’s Threat to the American Republic (Harvard University Press, 2017), Professor Michaels contends that the administrative state of the New Deal and post-World War II periods was a state that rightly fulfilled state functions by having an administrative entity and its dedicated employees carry out regulatory functions, rule-making, and adjudication. Professor Michaels rejects the claim that bureaucrats are a threat to the proper functioning of government; and instead argues that they are experts that serve as a counterweight to politically motivated appointed agency heads. He sees in the modern administrative state a recreation of the separation of powers (legislative, executive, and judicial) that harkens back to the Founders’ concerns about consolidated power and tyranny. Professor Michaels sees the efforts to private state functions as endangering our democratic system of government by placing private actors in too powerful positions, wherein state functions are subordinated to the concerns of private actors, all to the detriment of the public. Professor Michaels addresses the politically contentious issues of the efficiency of public employees, private interests capturing public functions, and whether the modern regulatory state is constitutional.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Western concept of democracy has a lineage dating back to the classical world. Paul Cartledge’s book Democracy: A Life (Oxford University Press, 2016) details its origins in ancient Greece and its evolution of it as a theory over the course of the 2,500 years since then. As he explains, what people think of as “classical Greek” democracy was primarily the Athenian concept of it, which was one of several versions that emerged during the Hellenic era. Though typically viewed as at its peak during the days of the Athenian empire, Cartledge sees the “golden age” of democracy as taking place in the 4th century BCE rather than in the preceding one, a shift which attests to the endurance of democracy as a governing system. It was during Roman times when the practice of democracy declined, to the point where it was often seen as a failed or impractical system during the Middle Ages. It was not until the 17th century when democracy staged a comeback in the West, with its advocates in the 18th and 19th centuries championing it as the best possible form of government – a status it continues to hold in the West even with the strains it faces today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Appeals to “press freedom” can be heard from across the political spectrum. But what those appeals mean varies dramatically. Sam Lebovic, in his excellent new book, Free Speech and Unfree News: The Paradox of Press Freedom in America (Harvard University Press, 2016), traces the fraught history of that contested concept throughout the twentieth century. Beginning his analysis in the 1920s, Lebovic shows how conservative politicians, lawyers, and publishers began to define press freedom as freedom from state censorship, wrapped it in the first amendment, and fought New Deal attempts at regulation. Meanwhile, liberal politicians and journalists feared corporate control of the press as a threat to the democratic need for information, and advocated a freer and more trustworthy press. Not interested solely in the debates over press freedom, Lebovic also focuses on, what he calls, “the everyday politics of information.” He reveals how state classification practices and the political economy of the news fundamentally shaped how information flowed. It is an ambitious book that succeeds in telling a crucial story and it should inform contemporary approaches to press monopolization and the ever-growing “classified universe.” The book will interest intellectual historians, communications scholars, legal historians, political historians, and historians of U.S. foreign relations.
Dexter Fergie is a first-year PhD student of US and global history at Northwestern University. He is currently researching the 20th century geopolitical history of information and communications networks. He can be reached by email at dexter.fergie@u.northwestern.edu or on Twitter @DexterFergie. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Talmud: A Biography (Princeton University Press, 2018), Barry Scott Wimpfheimer, associate professor of religious studies and law at Northwestern University, introduces the reader to the Babylonian Talmud, the most studied book in the Jewish canon. Professor Wimpfheimer focuses on one excerpt from the Talmud, showing how its reception, exegesis, and editing represents a process of reflexive critique and legal reasoning. A valuable text for scholars and general readers alike, The Talmud: A Biography helps the reader gain new appreciation for the Talmud as a dense tapestry of religious thought, philosophy, law, and ethics that continues to influence not only the Jewish religion, but religious and secular cultures and institutions worldwide.
David Gottlieb will receive his PhD in the History of Judaism from the University of Chicago Divinity School in June. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Stephen Riley, a lecturer in the Law School of the University of Leicester in Britain, has written a philosophical work examining the concept of dignity and its role in legal theory and, to a degree, the application of law. In Human Dignity and Law: Legal and Philosophical Investigations (Routledge, 2018), Riley argues that the role of human dignity should be recognized by courts and all of society, but he is wary of such a concept becoming a trump card in a court’s decision-making process. He notes that the concerns of justice and equality need to be recognized by courts but court must be aware of the infrequent instances when the demands of dignity are in conflict with the demands of justice. In this podcast we discuss the definition of human dignity, the author’s philosophical orientation, and the applications of the concept of dignity has been applied by courts in different settings.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The use of our data and the privacy, or lack thereof, that we have when we go online has become a topic of increasing importance as technology becomes ubiquitous and more sophisticated. Governments, advocacy groups and individual citizens are demanding that action be taken to protect their valuable data. But what does this sporadic noise amount to? B.J. Mendelson in his book Privacy: And How to Get It Back (Curious Reads, 2017) argues that a complacent citizenry and the overly-intimate relationship that corporations have with government has led to massive breaches of people’s privacy. Mendelson humorously explains the way people’s data is used and abused as he tracks the long history of government surveillance leading to an explanation of, what he believes, could be the solution to the abuse of people’s privacy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Christy Ford Chapin, an associate professor of history at the University of Maryland, Baltimore County, has written a history of the funding of America’s health care system: Ensuring America’s Health: The Public Creation of the Corporate Health Care System (Cambridge University Press, 2015). She begins with an account of the development of physicians’ practices in the mid-nineteenth century and traces the evolution of the American Medical Association’s role in shaping how physicians practiced medicine and how it was financed. The advent of the insurance model for funding health care was a creation of the Progressive period and became dominant in the late 1930s, during the New Deal. Chapin provides an account of the pitfalls of the insurance funding mechanism and recounts the battles between vested, competing interests, such as the AMA, independent physicians, corporate employers, labor unions, insurance companies (nonprofit and commercial), and the state and federal governments. Each of these entities shaped the health care system we have today. Chapin’s book helps explain how we got here and her critique of the insurance model suggests possible alternatives to our contemporary system of paying for health care. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her book, Ugly Prey: An Innocent Woman and the Death Sentence That Scandalized Jazz Age Chicago (Chicago Review Press, 2017), Emilie Le Beau Lucchesi presents the story of Sabella Nitti, an Italian immigrant arrested in 1923 an accused of murdering her husband. Sabella was found guilty and became the first woman in Chicago sentenced to hang. Through meticulous research into court documents and other public records, Lucchesi shares the riveting narrative of Sabella’s case. Situating Sabella in the 1920s, and looking at the ways in which this case shows how the legal system set up to defend her failed Sabella at every turn, Lucchesi’s book walks readers through the trial where there was no evidence and no witnesses, but reporters and the jury knew one thing for certain, Sabella must be guilty: she was ugly. Describing how the press, judges, and juries decided the guilt or innocence of women based on their looks, Lucchesi examines how Sabella’s fellow inmates such as Beulah and Belva were able to charm their juries into acquitting them. She examines the role of Helen Cirese, the young lawyer who lead Sabella’s appeal giving her a jailhouse makeover in order to be more credible. Told with deep description, Ugly Prey makes sure that the story of Sabella Nitti is not lost. Instead, it is one that shows how the present day American justice system is not dissimilar to the system of the past in the ways that gender, class, and ethnicity are impact how individuals are treated throughout the justice system.
Rebekah Buchanan is an Associate Professor of English at Western Illinois University. Her work examines the role of narrative in peoples lives. She researches zines, zine writers and the influence of music subcultures and fandom on writers and narratives. You can find more about her on her website, follow her on Twitter @rj_buchanan or email her at rj-buchanan@wiu.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A History of Infamy: Crime, Truth, and Justice in Mexico (University of California Press, 2017) explores the definitive changes that the justice system as well as criminal ideas and practices underwent during the 1920s-1950s. For his most recent book, Pablo Piccato investigated spaces, actors, and fictions that shaped the complicated relationship between crime, justice, and truth during the consolidation of the post-revolution Mexican state. Through a series of compelling arguments, the author shows how impunity, the lack of transparency in judicial processes, and infamy are related to a constant quest for truth and justice that the state could not provide to Mexicans. From the abolition of the jury system in the 20s, to the emergence of crime fiction, the author shows that men and women, the press, detectives, policemen, and even murderers themselves, shaped both ideas and practices in regards to violence, law-breaking, and the normalization of injustice in the country.
Pamela Fuentes is Assistant Professor in the Women’s and Gender Studies Department, Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The United States leads the world in incarceration. That’s a problem, especially the disproportionate impact of “mass incarceration” on low-income men of color. In their new book Start Here: A Roadmap to Reducing Mass Incarceration (The New Press, 2018), Greg Berman and Julian Adler take us though a series of concrete, practical, and practicable steps that we could take to radically reduce the number of people we incarcerate while, at the same time, making our communities healthier and safer. Listen in.
Stephen Pimpare is Senior Lecturer in the Politics and Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How does the juvenile justice system impact the lives of the young people that go through it? In her new book, Trapped in a Vice: The Consequences of Confinement for Young People (Rutgers University Press, 2018), Alexandra Cox uses interviews and ethnographic data to analyze the juvenile justice system and incarceration. While the book focuses specifically on New York’s justice system, the take-aways and Cox’s analyses are relevant for anyone interested in incarceration in general. Using the voices and experiences of those she interviews to articulate her findings, Cox points out that young people often suffer the most in systems of social inequality. She elaborates clearly on concepts and main take-aways through the book, from the idea that these young people are expected to mature within an institution, and how this impacts their development. Cox uses really powerful examples and pinpoints important concepts for us to think further about: the definition of worthiness (i.e. worthy of “saving”), being ungovernable (i.e. being uncontrollable), the idea of reformation systems as taking care of “other people’s children,” and the ethos of personal responsibly to youth who cannot even vote yet. The stories from the book show how it’s easy to get into trouble and very difficult to get out.
This book will be enjoyed by Sociologists and Criminologists in general, but also by social workers, those working in the area of incarceration, in addition to anyone interested in developmental psychology within the context of incarceration. This book would be a great addition to any higher level undergraduate or entry level graduate course in criminology because of its clear organization and presentation of arguments.
Sarah E. Patterson is a postdoc at the University of Western Ontario. You can tweet her at @spattersearch Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Children of Reunion: Vietnamese Adoptions and the Politics of Family Migrations (University of North Carolina Press, 2017), Allison Varzally documents the history of Vietnamese adoption in the United States during the second half of the twentieth century. Varzally adds to the growing literature on Southeast Asian Americans and on Asian international adoption by highlighting the distinctiveness of Vietnamese adoption for its liberal orientation and its expansive notion of kinship. Four chapters trace this history from its antiwar beginnings in the early Cold War; to Operation Babylift in 1975 and its controversial legal aftermath; to the federal legislation and social practices that shaped the “homecomings” of Amerasians in the 1980s; and, finally, to Vietnamese adoptees own attempts in the 1990s (and beyond) to find meaning in their journeys. Making ample use of oral history, Varzally tells stories that are both heart-rending and inspiring. They confirm that family formation was a central site of political contestation and protest in late twentieth-century America. Children of Reunion offers food for thought in contemporary debates over refugee resettlement and family reunification as a principle for immigration policymaking.
Ian Shin is C3-Mellon Postdoctoral Fellow and Lecturer in the History Department at Bates College, where his teaching and research focus on the history of the U.S. in the world and Asian American history. He is currently completing a book manuscript on the politics of Chinese art collecting in the United States in the early 20th century. Ian welcomes listener questions and feedback at kshin@bates.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Amistad Rebellion is usually remembered as the only instance in which a US court sent re-captured slaves back to Africa. Yet as Sharla Fett shows in her new book Recaptured Africans: Surviving Slave Ships, Detention, and Dislocation in the Final Years of the Slave Trade (University of North Carolina Press, 2017), the Amistad case is not exactly unique. By using the stories of re-captured Africans in detention in places like Key West, Florida and Charleston, South Carolina, Dr. Fett examines how pro-slavery and abolitionist factions used re-captives to argue their respective cases. She also examines the lives of re-captured slaves sent to “back” to Liberia, a place they had never been.
Adam McNeil is a soon-to-be PhD student and Colored Conventions Project Scholar at the University of Delaware. He received his M.A in History at Simmons College and B.S. in History at Florida A&M University. He can be reached on Twitter @CulturedModesty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jonathan Daly is a professor of History at the University of Illinois at Chicago. His newest book Crime and Punishment in Russia: A Comparative History from Peter the Great to Vladimir Putin (Bloomsbury, 2018), provides a comprehensive overview of the development of the criminal justice system in Russia from the 1700s to the present. Rather than following the typical narrative of Russia being a backwards, Asiatic state that struggled to modernize, Daly begins the book noting that “Russia developed as one of the most successful states in human history.” He highlights the achievements of the Russian state, such as the 1649 Ulozhenie, (which was one of the most detailed and elaborate law codes devised in the early modern world), Empress Elizabeth’s curtailment of capital punishment, the 1864 judicial reform (in which Russia became the first non-Western country to establish an independent judiciary functioning largely according to Western best practices), early Bolshevik criminal justice for regular (as opposed to “political”) offenders aimed at a level of humaneness rare in the world in the early 1920s and post-Soviet Russia’s enormous efforts to develop law according to international best practices. At the same time he rightfully notes Russia’s reputation as a despotic power with a weak rule of law tradition and asks how these contradictions evolved within Russia’s criminal justice system. In seeking to answer this question, Daly focuses on the continuation of strong personal, informal factors in Russian governance and the Russian preference for the rule of authoritative persons rather than of law to unify the practices of three ideologically disparate regimes. Crime and Punishment in Russia provides a clear, concise, and informative historical look at the evolution of criminal justice in Russia.
Samantha Lomb is an Assistant Professor at Vyatka State University in Kirov, Russia. Her research focuses on daily life, local politics and political participation in the Stalinist 1930s. Her book, Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the Draft 1936 Constitution, is now available online. Her research can be viewed here.
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When thinking of Title IX, most people immediately associate this important education policy with either athletics or a general idea of increasing opportunities for women in education. Rarely do those same people know how Title IX originated, how the role of Title IX changed over time, and how it contributes to what R. Shep Melnick calls “the Civil Rights State.” During the Obama and Trump administrations, Title IX has been involved with the recent attention that universities—and society writ large—have given to sexual assault and sexual harassment. As the public has demanded action to solve this issue in education, how to regulate this action through Title IX has proved to be a more difficult and controversial task. In his new book The Transformation of Title IX: Regulating Gender Equality in Education (Brookings Institution Press, 2018), Melnick addresses these legal questions and looks ahead to the future of Title IX as we near the two-year mark of the Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As immigration from Mexico to the United States grew through the 1970s and 1980s, the Border Patrol, police, and other state agents exerted increasing violence against ethnic Mexicans in San Diego’s volatile border region. In response, many San Diego activists rallied around the leadership of the small-scale print shop owner Herman Baca in the Chicano movement to empower Mexican Americans through Chicano self-determination. The combination of increasing repression and Chicano activism gradually produced a new conception of ethnic and racial community that included both established Mexican Americans and new Mexican immigrants. In Raza Si, Migra No: Chicano Movement Struggles for Immigrant Rights in San Diego (University of North Carolina Press, 2017), Jimmy Patino narrates the rise of this Chicano/Mexicano consciousness and the dawning awareness that Mexican Americans and Mexicans would have to work together to fight border enforcement policies that subjected Latinos of all statuses to legal violence.
By placing the Chicano and Latino civil rights struggle on explicitly transnational terrain, Patino fundamentally reorients the understanding of the Chicano movement. Ultimately, Patio tells the story of how Chicano/Mexicano politics articulated an abolitionist position on immigration–going beyond the agreed upon assumptions shared by liberals and conservatives alike that deportations are inherent to any solutions to the still burgeoning immigration debate.
Jimmy Patino is Assistant Professor of Chicano and Latino studies at the University of Minnesota. His broader research and teaching interests include Comparative Ethnic Studies, Chicano/a-Latino/a History, diaspora/transnationalism/borderlands, social movements and political mobilizations, and Cultural Studies.
Lori A. Flores is an Associate Professor of History at Stony Brook University (SUNY) and the author of Grounds for Dreaming: Mexican Americans, Mexican Immigrants, and the California Farmworker Movement (Yale University Press, out in paperback May 2018).
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Today I talked to Fahad Bishara about his book A Sea of Debt: Law and Economic Life in the Western Indian Ocean, 1780-1950 (Cambridge University Press, 2017). Dr. Bishara is Assistant Professor of History at the University of Virginia. He specializes in the economic and legal history of the Indian Ocean and Islamic world. In this podcast, Dr. Bishara discusses his sophisticated history that explores the intricate legal and economic regimes that traversed the Western Indian Ocean for generations. He also talks about how he effectively mined legal documents to craft this narrative.
The following podcast was originally published on H-Law’s Legal History Podcast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“Native American” is unique among American racial categories in defining not just social status or historical lineage, but also an individual’s relationship to state and federal governments. In Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South (Oxford University Press, 2016), Mikaela M. Adams, an assistant professor of history at the University of Mississippi, tracks the histories of six Indian societies in the American South from the seventeenth to the twenty first centuries. In doing so, she argues that the question of belonging was often difficult to answer, particularly in a region where whites insisted on dividing the individuals along a strict, binary, color line. In Who Belongs?, Pamunkey, Catawba, Choctaw, Cherokee, Seminole, and Miccosukee communities all grapple with the fundamental question of tribal membership. After colonization and conquest, the answer to the question posed by Adams could have critical and concrete consequences. Often, whether someone belonged to a given tribe determined fundamental questions of identity, financial restitution, and land ownership. Who Belongs? is a critical retelling of the Native south which emphasizes the fungible nature of group identity and the adaptations Native communities made to survive within a settler colonial system of state power.
Stephen Hausmann is a doctoral candidate at Temple University and Visiting Instructor of history at the University of Pittsburgh. He is currently writing his dissertation, a history of race and the environment in the Black Hills and surrounding northern plains region of South Dakota, Wyoming, and Montana. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Deondra Rose has written Citizens by Degree: Higher Education Policy and the Changing Gender Dynamics of American Citizenship (Oxford University Press, 2018). She is an assistant professor of public policy and political science at Duke University.
Citizens by Degree examines the development and impact of federal higher education policy, specifically the National Defense Education Act, the Higher Education Act, and Title IX. Rose argues that these policies have been an overlooked-factor driving the progress that women have made in the United States. By significantly expanding women’s access to college, they led to women to surpassing men as the recipients of bachelor’s degrees, while also empowering them to become more economically successful and politically engaged. The book focuses on how Southern Democrats shaped U.S. higher policy development during the mid-twentieth century, expanding opportunities for women, while maintaining discriminatory practices for African Americans. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Weimar Republic was home to the first gay rights movement, led by well-known sexologist Magnus Hirschfeld. It also inspired many literary and cinematic representations of sexual liberation in legendary 1920s Berlin. In her ambitious book, Sex and the Weimar Republic: German Homosexual Emancipation and the Rise of the Nazis (University of Toronto Press, 2015), Laurie Marhoefer revises several assumptions about the sexual politics of Germany during the 1920s and 1930s. She examines how the sexual freedoms fought for by many reformers often came at the expense of a minority perceived as too non-conformist even by the left. Critically exploring explosive personalities, such as Hirschfeld and Ernst Roehm, and political turning points, such as the Venereal Disease Law of 1927 and the Vote on Repealing the Sodomy Law in 1929, this book demonstrates the profound ambiguities of the era. Marhoefer suggests that a Weimar Republic political settlement between diverse factions simultaneously saw emancipation of those who could claim a new respectability based on scientific reasoning and increased criminal control over the sexual lives of individuals who could not. Combining dynamic individual stories with several revisionist arguments, this book is one that will appeal to many listeners.
Michael E. O’Sullivan is Associate Professor of History at Marist College where he teaches courses about Modern Europe. He will publish Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in August 2018.
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Voting rights are always in the news in American politics, and recent court decisions and an upcoming election in 2018 make this especially true today. Most discussions come back to the Voting Rights Act (VRA) and whether it will continue to provide the voting rights protections it has in the past.
In Ballot Blocked: The Political Erosion of the Voting Rights Act (Stanford University Press, 2017), Jesse Rhodes, associate professor of political science at the University of Massachusetts, Amherst, places the VRA into a political context. He aims to figure out the political puzzle of the VRA: Why, for fifty years, have both Democrats and Republicans in Congress consistently voted to expand the protections offered by the VRA, yet the act remains vulnerable? Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly back?
Rhodes argues that conservatives have pursued a paradoxical strategy which takes advantage of high and low salience. The conservative strategy, according to Rhodes, is to accept expansive voting rights protections in highly visible votes in Congress while simultaneously narrowing the scope of federal enforcement in low visibility administrative and judicial maneuvers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
True crime is as popular as ever in our present moment. Both television and podcast series have gained critical praise and large audiences by exploring largely unknown individual crimes in depth and using them to consider broader questions surrounding the justice system, guilt and innocence, class and racial inequality, and evidence. Rarely do we get to think historically about these broader topics through the lens of individual, especially unknown, cases in light of the challenges posed by researching historical crimes. Kali Nicole Gross, Martin Luther King, Jr. Professor of History at Rutgers University New Brunswick, has done incredible research to do just that in her new book, Hannah Mary Tabbs and the Disembodied Torso: A Tale of Race, Sex, and Violence in America (Oxford University Press, Hardcover 2016, Paperback 2018). The book won the Hurston/Wright Legacy Award for Nonfiction.
The book tells the story of the discovery of a torso, the investigation of the murder, and the life of the accused—Hannah Mary Tabbs. The body was discovered in 1887 and drew an unusual amount of attention in the segregated areas in and around Philadelphia, especially given the victim and accused were black. In this episode of the podcast, Gross discusses why the case caught the eye of the public and investigators at the time. She also explains some of the broader context and insights of the case. Finally, she talks about her research process. We don’t give away the resolution of the case in our conversation, but will introduce you to Hannah Mary Tabbs and the world of post-Reconstruction Philadelphia in which she lived.
Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Institutions and Democracy in Africa: How the Rules of the Game Shape Political Developments (Cambridge University Press, 2018), the contributors challenge the argument that African states lack effective political institutions as these have been undermined by neo-patrimonialism and clientelism. Scholars such as Patrick Chabal and Jean-Pascal Daloz have argued that Africa’s political culture is inherently different from the West and that African political system is actually working through what they term “instrumentalization of disorder.” While acknowledging some of the contributions that Chabal and Daloz have made to the understanding of Africa institutions, the contributions in this volume challenge this notion that political life in Africa is shaped primarily by social customs and not by formal rules. The contributions examine formal institutions such as the legislature, judiciary, and political parties and they show the impact of these institutions on socio-political and economic developments in the continent. Their contributions show that political and institutional developments vary across the continent and African states should not be treated as if they are the same. They argue that informal institutions have helped to shape and strengthen formal institutions. The authors of the different chapters are cutting-edge scholars in the field and they make a clear and convincing argument that formal institutions matter and that it is impossible to understand Africa without taking into consideration the roles played by these institutions.
The book is edited by Nic Cheeseman. He is a professor of Democracy at the University of Birmingham and was formerly Director of the African Studies Centre at Oxford University. He is the recipient of the GIGA award for the best article in Comparative Area Studies (2013) and the Frank Cass Award for the best article in Democratization (2015). He is also the author of Democracy in Africa: Successes, Failures and the Struggle for Political Reform (Cambridge University Press, 2015), the founding editor of the Oxford Encyclopedia of African Politic, a former editor of the journal African Affairs, and an advisor to, and writer for, Kofi Annan’s African Progress Panel.
Bekeh Utietiang Ukelina is an Assistant Professor of History at SUNY, Cortland. His research examines the ideologies and practices of development in Africa, south of the Sahara. He is the author of The Second Colonial Occupation: Development Planning, Agriculture, and the Legacies of British Rule in Nigeria. For more NBN interviews, follow him on Twitter @bekeh or head to bekeh.com.
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Alex Vitale is a Professor of Sociology and coordinator of the Policing and Social Justice Project at Brooklyn College. He has written for a number of popular publications including the New York Times, New York Daily News, USA Today, and the Nation. His newest book The End of Policing is out now from Verso press. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sida Liu and Terence C. Halliday spent ten years interviewing criminal defense attorneys throughout China in order to compile the evidence on the professional lives of criminal defense attorneys in the one-party authoritarian state that is modern China. They present what they found in Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016)
In this interview with co-author Sida Liu, we discuss the extreme difficulties faced in daily work by attorneys. From the Communists victory in 1949 until 1979, there was essentially no criminal procedural law in China. In 1979 the Deng Xiaoping regime sought stability and order and created the first criminal procedural law. Since then the law has been revised several times, giving more formal rights to defendants and their counsel, while simultaneously allowing for state harassment of defense attorneys should they too zealously do their jobs. Liu and Halliday reveal the methods of state officials to hinder the pursuit of justice for criminal defendants and their attorneys. In doing so, the authors not only reveal the dangers faced by attorneys but also reveal how dangerous the Communist regime considers this educated, motivated, and articulate group to be to the one-party state.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 2013, when the Russian State Duma passed a law banning the propaganda of non-traditional sexual relationships to minors, some rushed to boycott Russian vodka. In Russian Homophobia from Stalin to Sochi (Bloomsbury, 2017), Dan Healey provides historical context for the law and cautions against the easy application of recent changes elsewhere. The Russian embrace of LGBT rights will be the result of cultural evolution from within society and not some off-the-peg downloading of a European formula, Healey writes. Decriminalized after the revolution, sodomy was re-banned under Stalin in 1933-4 and remained illegal until 1993. In a series of case studies, Healey examines same-sex relationships in the gulag, provincial criminal investigations from the 1950s, the diary of popular singer Vadim Kozin (who was sent to Magadan in the 1940s under the anti-sodomy law), gay cruising in Brezhnev-era Moscow, and pornography in the 1990s. What emerges is a complex portrait of gay and lesbian consciousness that belies Putin-era attempts to portray homosexuality as a foreign import. Healey also explores some of the difficulties facing queer history in today’s Russia, including a lack of information about prosecutions under Stalin and reluctance to include sexuality in the biographies of figures such as Kozin. The book concludes by examining current projects to mobilize queer memory, such as the Unstraight Museum in Belarus.
Joy Neumeyer is a journalist and PhD candidate in History at the University of California, Berkeley. Her dissertation project explores the role of death in Soviet culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Taisu Zhang ties together cultural history, legal history, and institutional economics in The Laws and Economics of Confucianism: Kinship and Property in Pre-Industrial China and England (Cambridge University Press, 2017) and offers a novel argument as to why Chinese and English pre-industrial economic development went down different paths. Late Imperial and Republican China (1860-1949) was dominated of Neo-Confucian social hierarchies, under which advanced age and generational seniority were the primary determinants of sociopolitical status. This allowed many poor but senior individuals to possess status and political authority highly disproportionate to their wealth. In comparison, in the more individualistic early modern England (1500-1700) landed wealth was a fairly strict prerequisite for high status and authority. This essentially excluded low-income individuals from secular positions of prestige and leadership. Zhang argues that this social difference had major consequences for property institutions and agricultural production. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As debates on globalization rage in the twenty-first century, many countries and the people within them have been challenged socially, economically, and legally. At the same time, our world is now more bordered geopolitically than ever before. What effect do these phenomena have on one of the most significant social units: the family? In her new book, Legalized Families in the Era of Bordered Globalization (Cambridge University Press, 2017), Daphna Hacker argues that the family is entering an important period of transition and instability in our bordered, global society. Families have been a legalized social category, but now competing legal doctrines and interpretations complicate the existence of this social category given the movement of people in a globalized society. How does secular law and family law impact families in multicultural countries with inhabitants from around the globe? Are pre-nups a good idea or a bad one? How does globalization influence reproduction in the family unit? How are current immigration debates intersecting with these changes to the family? Anyone interested in the law, gender, and globalization will find this book a great read. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Investigating the President: Congressional Checks on Presidential Power (Princeton University Press, 2016) is an important analysis of both congressional and presidential power, and how these two branches interact, especially within polarized political periods. Reflecting the way this book examines both of these branches of government and the exercise of their respective powers, Investigating the President garnered two impressive book awards, from the Presidents and Executive Politics Section (Richard E. Neustadt Book Award) and from the Legislative Studies Section (Richard F. Fenno Book Award) of the American Political Science Association. Douglas Kriner and Eric Schickler explore the precedent for congressional investigations into the conduct of and within the Executive branch, while they also amassed over 100 years of data surrounding congressional investigations to discern the impact of these kinds of investigations, even when they do not result, necessarily, in articles of impeachment or indictments of presidential appointees. Investigating the President notes the patterns of impact, from curbing presidential military engagement abroad to shifting the media focus and grabbing the narrative away from the president. The fascinating conclusion points to this under-researched area of congressional power and oversight that may have a more significant impact on presidential conduct and power than has generally been anticipated. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Legal Codes and Talking Trees: Indigenous Women’s Sovereignty in the Sonoran and Puget Sound Borderlands, 1854-1946 (Yale University Press, 2016), Katrina Jagodinsky recovers the stories too often presumed lost in the silences of colonial archives: those of Indigenous women operating within systems of American law. In doing so, she argues that Indigenous women in the American southwest and Pacific northwest used Indigenous epistemologies, legal codes, and community connections, to navigate American settler colonial legal regimes and in some cases emerging victorious. Jagodinsky, an Associate Professor in the history department at the University of Nebraska-Lincoln, uses unique methodologies combining traditional legal history, poetry, and non-written knowledge networks to recount the histories of six women from the border regions of what is today Arizona/Sonora and Washington/British Columbia. Legal Codes and Talking Trees shows how even under ardently white supremacist power structures and within settler colonial societies designed to dispossess Indigenous communities, people not only straddled racial lines individually, but also made families that run counter to easy narratives. Jagodinsky’s book is a call to arms for historians and archivists not to take their academic privilege for granted, and to use innovative research methods to locate and retell difficult to find stories, even when the archives may seem as incomprehensible as the language of the trees.
Stephen Hausmann is a doctoral candidate at Temple University and Visiting Instructor of history at the University of Pittsburgh. He is currently writing his dissertation, a history of race and the environment in the Black Hills and surrounding northern plains region of South Dakota, Wyoming, and Montana. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Richard D. Brown’s new book Self-Evident Truths: Contesting Equal Rights from the Revolution to the Civil War (Yale University Press, 2017) offers a deft examination of the idea enshrined in the Declaration of Independence that “All men are created equal” and how it worked out practically in the young republic based on a vision of a new democratic order in which superior merit would mark the difference among citizens. From the beginning the nation struggled with the ideal and the reality of social inequality based on religion, nationality, ethnicity, race, gender, age and social class. Americans debated the vision of equality as reserved before God alone, equality before the law and equality of opportunity. Brown demonstrates how these debates played out in criminal trials and punishment, divorce cases, and among immigrants and African Americans. Seeking to distinguish themselves from the inherited class structure of England, Americans retained a feature that would make equality difficult to realize, namely inherited private property and patriarchal coverture. Brown gives us a thorough understanding of the myth of a classless society that has held sway since the founding of the nation.
Richard D. Brown is the Board of Trustees Distinguished Professor of History, Emeritus, at the University of Connecticut.
This episode of New Books in American Studies was produced in cooperation with the Society for U.S. Intellectual History.
Lilian Calles Barger is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: An Intellectual History of Liberation Theology forthcoming in 2018 from Oxford University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Leon Wiener Dow’s most recent work The Going: A Meditation on Jewish Law (Palgrave MacMillan, 2017) offers readers intimate, informative, and at times provocative reflections on halakha, or Jewish law. The author makes nuanced philosophical and theological observations on the ideas and actions that define a halakhic life, and grounds his ideas with rich personal anecdotes that are woven throughout. Wiener Dow’s lively, captivating style of writing draws the reader into his powerful discussion of the roles that community, language, tradition, and evolution play in the halakhic journey.
Leon Wiener Dow received his Ph.D. in Philosophy from Bar-Ilan University and rabbinic ordination from Rabbi Professor David Hartman. He is currently a research fellow and faculty member of the Shalom Hartman Institute in Jerusalem, Israel.
Robin Buller is a Ph.D. Candidate in History at the University of North Carolina at Chapel Hill. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Typically the Jim Crow Era of segregation is understood as beginning directly after Reconstruction and going into the mid-twentieth century with the dual climaxes of the Brown vs. Board Supreme Court decision and the Montgomery Bus Boycott Movement in Montgomery, Alabama. What this narrative suggests is that Jim Crow was a southern phenomenon. Such a view is unfortunately ill conceived. Colored Travelers: Mobility and the Fight for Citizenship before the Civil War (University of North Carolina Press, 2016), written by Dr. Elizabeth Stordeur Pryor, Associate Professor of History at Smith College, reshapes contemporary memory of when and why Jim Crow laws were enacted. In Colored Travelers, Dr. Pryor details how while antebellum-era Northern black abolitionists simultaneously fought to abolish slavery, they also pushed the limits of what citizenship meant by attempting to freely travel within it. They did this by challenging Northern Jim Crow laws set to undermine the mobility of black people in general, but this oppression hit black abolitionists most because of the mobility needed to reach their events. By using travel narratives, newspaper articles, and various primary sources of domestic and international black travel, Dr. Pryor explains why the pre-Civil War period was an essential training ground for the laws that would nationally become entrenched in the post-emancipation United States of America.
Adam McNeil is a graduating M.A in History student at Simmons College in Boston, MA. He graduated from Florida Agricultural and Mechanical University in Fall 2015 with B.S. in History. Adam can be reached at @CulturedModesty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Corvino is Professor of Philosophy at the Wayne State University in Detroit. His academic work focuses on topics in moral, social, and legal philosophy surrounding sexuality, gender, marriage, religious conviction, and discrimination. But John is also an active public philosopher who frequently participates in public debates over these topics. He produces and appears in a popular YouTube series of short videos devoted to the philosophical discussion of controversial topics. He is the author of What’s Wrong with Homosexuality?, co-author (with Maggie Ghallagher) of Debating Same Sex Marriage, and.co-author (with Ryan Anderson and Sherif Girgis) of Debating Religious Liberty and Discrimination, all published with Oxford University Press. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
On May 23, 1957, US Army Sergeant Robert Reynolds was acquitted of murdering Chinese officer Liu Ziran in Taiwan. Reynolds did not deny shooting Liu but claimed self-defense and, like all members of US military assistance and advisory groups, was protected under diplomatic immunity. Reynolds’s acquittal sparked a series of riots across Taiwan that became an international crisis for the Eisenhower administration and raised serious questions about the legal status of US military forces positioned around the world.
In American Justice in Taiwan: The 1957 Riots and Cold War Foreign Policy (Kentucky University Press, 2017), Stephen G. Craft provides a multi-archival study of the causes and consequences of the Reynolds trial and the ensuing protests. After more than a century of what they perceived as unfair treaties imposed by Western nations, the Taiwanese regarded the special legal status of resident American personnel with extreme distrust. While Eisenhower and his advisers considered Taiwan to be a vital ally against Chinese communism, the US believed that the Taiwanese government had instigated the unrest in order to protest the verdict and demand legal jurisdiction over GIs. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jon Olafsson is Professor in the n the department of Comparative and Cultural Studies at the University of Iceland. His research is focused on democracy, political participation, dissent, reconciliation, and social criticism. Jon has written extensively about the efforts in Iceland – from roughly 2010 to 2013 - to revise the nation’s constitution. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Seth Barrett Tillman, an instructor in the Department of Law at Maynooth University in Ireland, is one of the few scholars to have researched and written about the history of the Foreign Emoluments Clause of the U.S. Constitution. Prof. Tillman has also submitted amicus briefs (friend of the court briefs) in three recent federal cases regarding whether President Trump has violated the clause. In this podcast interview, Prof. Tillman discusses the historical origins of the clause, its original understanding during the early republic, and its possible application to the Trump presidency. In short, Prof. Tillman contends that the clause does not apply to elective offices; rather, it only applies to appointed offices in the federal government. Although conceding that there are good reasons to want such a clause to apply to the President, he contends that it is simply not a proper understanding of the clause to apply it to President Trump.
Here’s some reading:
Prof. Tillman and Josh Blackman’s New York Times op-ed on Trump and the emoluments clause.
Prof. Tillman’s article in the Harvard Journal of Law and Public Policy on Trump and the emoluments clause Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Sovereignty Wars: Reconciling America with the World (Brookings Institution Press, 2017) is an important and in depth study of American interaction with the intricate concept of Sovereignty, from the Founding Fathers to Donald Trump. Stewart Patrick delineates for the reader the fraught concept of sovereignty, showing how it has changed in both meaning and importance for Americans since the foundation of the United States. Going back to John Locke and going forward to John Bolton, Patrick demonstrates that sovereignty is not a static or monolithic concept or idea, but one which is both flexible and enduring.
Stewart Patrick is the James H. Binger senior fellow in global governance and director of the International Institutions and Global Governance Program at the Council on Foreign Relations.
Charles Coutinho holds a doctorate in history from New York University. Where he studied with Tony Judt, Stewart Stehlin and McGeorge Bundy. His Ph. D. dissertation was on Anglo-American relations in the run-up to the Suez Crisis of 1956. His area of specialization is 19th and 20th-century European, American diplomatic and political history. It you have a recent title to suggest for a podcast, please send an e-mail to Charlescoutinho@aol.com.
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Sovereignty is a key concept in Native American and Indigenous Studies, but its also a term that is understood in multiple ways. Working across the boundaries of legal and literary theory, David J. Carlson‘s Imagining Sovereignty: Self-Determination in American Indian Law and Literature (University of Oklahoma Press, 2016) examines the works, both creative and theoretical, of many Native intellectuals who have considered sovereignty in the past century. Sovereignty emerges in this study as a necessarily imprecise concept that mediates between indigenous communities and also with the settler colonial government of the United States. Carlson discusses thinkers who have previously been seen as opposed, showing ways that their disparate projects can in fact be seen via the idea of self-determination as in many ways complementary.
James Mackay is Assistant Professor of British and American Studies at European University Cyprus, and is one of the founding editors of the open access Indigenous Studies journal Transmotion. He can be reached at j.mackay@euc.ac.cy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Transparency Fix: Secrets, Leaks, and Uncontrollable Government Information (Stanford University Press, 2017) dispels the myth that transparency of information will result in a perfect government. Dr. Mark Fenster discusses the motivations of transparency movements and justifications for state secrecy. Through the lens of communications theory, Fenster raises questions about the utility of disclosed information and how it may or may not be deemed valuable by the public. Fenster also examines the state’s ability to keep secrets and what, if any, outcomes result from information disclosure. In conclusion, Fenster asserts transparency, on its own, will not fix the state, but focused efforts on good governance just might.
Beth Windisch is a national security practitioner. You can tweet her @bethwindisch.
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Sandy Goldberg is Professor of Philosophy at Northwestern University. He specializes in epistemology and philosophy of language, with particular interest in the social aspects of knowledge and speech; these foci converge in his ongoing work on testimony. Sandy has written several books including Relying on Others (Oxford 2010) and, more recently, Assertion (Oxford 2015); his forthcoming book is titled To the Best of Our Knowledge, and is forthcoming with Oxford University Press. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain provisions designed to ensure that it was reserved for the ‘worst of the worst.’ The 1976 decision ushered in the ‘modern’ period of the US death penalty, resulting in the execution of over 1,400 inmates, with over 8,000 individuals currently sentenced to die. Each chapter of Frank Baumgartner‘s, Marty Davidson’s, Kaneesha Johnson’s, Arvind Krishnamurthy’s, and Colin Wilson’s Deadly Justice : A Statistical Portrait of the Death Penalty (Oxford University Press, 2017) addresses a specific factual question and provides statistical evidence about how the modern death penalty has functioned.
Baumgartner is Professor of Political Science, University of North Carolina. Davidson, Johnson, Krishnamurthy, and Wilson were all students at North Carolina during the research for the book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
If any place (outside contemporary North Korea) can be called “Totalitarian,” it would be Stalinist Russia. Under the “Greatest Genius of All Time,” Soviet “citizens” enjoyed no free speech, no free press, and no free assembly. The one-party Bolshevik dictatorship deprived them of their voices, their property, their livelihoods, their liberty, and often their lives all in the name of building a kind of society—Communism—that existed only in the minds of Party theoreticians.
To me at least, it seems odd that such a place would even have something called a “constitution.” What use is a constitution when there is no real law? But the USSR had several constitutions. In her excellent book Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the 1936 Draft Constitution (Routledge, 2017), Samantha Lomb describes how one of them was received in the provinces and discussed by Party officials and the populous. She finds some remarkable things, the most important of which to my mind is that the people of Kirov (or at least the important ones who were consulted) were—much like the tyrannical state that ruled over them—not much interested in things like “equal rights” or, more generally, the “rule of law.” Under the Bolsheviks they had evolved a way of doing things that involved neither of these things and they were fine with that. Listen in. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In From Oligarchy to Republicanism: The Great Task of Reconstruction (University of Missouri Press, 2017) , Forrest Nabors sets out to show that congressional Republicans regarded the work of Reconstruction in the same way they regarded the work of the Founders: as regime change, from monarchy in the one case and from oligarchy in the other, to republicanism. Nabors examines the writings and speeches of Republicans in the Thirty-Eighth, Thirty-Ninth, and Fortieth Congress (1863-1869), recovering their political analysis of the antebellum South. While Reconstruction scholars have typically emphasized black citizenship as the central concern of congressional Republicans, Nabors demonstrates that they identified Southern oligarchy (tightly linked to slavery) as the problem of the age. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his new book, The Malmedy Massacre: The War Crimes Trial Controversy (Harvard University Press, 2017), Steven Remy, professor of history at City University of New York, examines the Malmedy massacre which took place on December 17, 1944 and the trial that followed after the conclusion of World War II. Remy effectively demonstrates how in the decade following the trial how a network of German and American sympathizers succeeded in discrediting the trial. Remy directly looks at the accusations of torture, which the defendants and their allies alleged led to false confessions. Although these allegations were false, Remy demonstrates how amnesty advocates used them successfully to not only discredit the trial, but distorted our understanding of one of the most brutal massacres in American military history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Colleen Murphy’s new book, The Conceptual Foundations of Transitional Justice (Cambridge University Press, 2017), argues that attaining some degree of justice is possible in nations transitioning to democratic states. There are many historical instances of nations whose citizens take action to change the nature of their regime from one of authoritarianism to democracy. Whether from France in the 1790s to Eastern Europe and Russia in the 1990s, the challenges facing new leaders to look to the future while accounting for the past can be daunting. Murphy argues that transitions need some degree of justice in order to be successful and she seeks to identify the key elements of just transitions. Murphy notes that a just result can take different forms, because of differences in culture, traditions, and the nature of the old regime. She further notes that transitional justice is not as clear and definitive as more familiar forms of justice, such as the retributive justice of the criminal law or the corrective justice of tort law. Instead, transitional justice involves degrees of accountability for wrongdoers and degrees of compensation and recognition for victims. The tools of transitional justice can include amnesties, criminal trials, memorials, truth and reconciliation commissions or reparations. Accordingly, not everyone in the society will be satisfied with the punishment, if any, meted out to perpetrators and the recognition given to victims may seem incomplete or insufficient. Nevertheless, in order to achieve a society-wide transition to a morally improved regime, traditional notions of justice may remain unsatisfied or incomplete. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Reformer: How One Liberal Fought to Preempt the Russian Revolution (Encounter Books, 2017), written by legal scholar Stephen F. Williams, uses a biographic account of the life and career of Vasily Maklakov to explore issues of legality and rule of law in Tsarist Russia from 1905, following the promulgation of the October Manifesto, which established a legislative body for the first time since the 1600s, till the Bolshevik Revolution. Maklakov, a moderate Kadet (Constitutional Democrat) reformer and practicing defense attorney (most famous for his defense of the Jewish Menahem Beilis, sometimes considered the Russian Dreyfus), was a delegate to the Second, Third and Fourth Dumas who advocated for political compromise, the establishment of rule of law and gradual constitutional reform. He advocated for a wide range of amendments to the Tsarist legal code, especially in the realms of religious freedom, national minorities, judicial independence, citizens judicial remedies, and peasant rights. As such Maklakov’s policies presented vivid contrast to the political tactics of the better-known Russian Left (the Narodniks, SRs, and Social Democrats) who refused to work with the autocracy and actively engaged in terrorism, at one point killing over 300 government employees a month in 1906, and advocating for the over through of the Tsarist regime. While Maklakov and other liberal reformist Russians ultimately failed in staving off revolution, in part due to the unwillingness of their own party to compromise with the Tsarist regime and accept anything other than a fully constitutional monarchy, Maklakov’s story serves as an example for movements seeking to liberalize authoritarian countries today—both as a warning and a guide.
Samantha Lomb is an Assistant Professor at Vyatka State University in Kirov, Russia. Her research focuses on daily life, local politics and political participation in the Stalinist 1930s. Her book,Stalin’s Constitution: Soviet Participatory Politics and the Discussion of the Draft 1936 Constitution, is now available online. Her research can be viewed here.
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In his new book, The Right Wrong Man: John Demjanjuk and the Last Great Nazi War Crimes Trial (Princeton University Press 2016), Lawrence R. Douglas, the James J. Grosfeld Professor of Law, Jurisprudence and Social Thought at Amherst College examines the trial of John Demjanjuk. The Right Wrong Man examines Demjanjuk’s legal odyssey that began in 1975. Over the course of the next several decades Demjanjuk was tried twice, first in Israel where he was thought to be “Ivan the Terrible of Treblinka” only to be exonerated, owing to a case of mistaken identity. He was then tried in Munich for his actual crimes as a guard at the Sobibor death camp. The Right Wrong Man is a fascinating look at the law’s effort to bring closure to the horrific events of the Holocaust. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Drawing on materials from archives in eight southern US states, Melissa Milewski’s Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to the Civil Rights Era (Oxford University Press, 2017) examines how African Americans utilized courts for disputes over property, personal injury, and workplace compensation, among other fields. She argues for a reexamination of African American agency through the use of the courts. In a fascinating juxtaposition, Milewski‘s work also addresses the white lawyers, juries, judges and, of course, often plaintiffs or defendants within these cases, some of whom operated out of concern, some through paternalism, and some, either overtly or not, in order to maintain white supremacy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents (University of North Carolina Press, 2017), Turtle Mountain Tribal Court Associate Justice and UNC-Chapel Hill American Studies Assistant ProfessorKeith Richotte, Jr., offers a critical examination of one tribal nation’s decision to adopt a constitution.
In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce’s choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.
Ryan Tripp is an adjunct instructor for several community colleges and online university extensions. In 2014, he graduated from the University of California, Davis, with a Ph.D. in History. His Ph.D. double minor included World History and Native American Studies, with an emphasis in Linguistic Anthropology and Indigenous Archeology.
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In her recent book, A Different Shade of Justice: Asian American Civil Rights in the South (University of North Carolina Press, 2017), Stephanie Hinnershitz (Cleveland State University) examines the important but overlooked contributions of Asian Americans to civil rights activism in the U.S. South. Hinnershitz takes a thematic focus across the long 20th century to show how Chinese, Japanese, Filipinos, Vietnamese, and South Asians contested discrimination in land ownership, education, sexual relations and marriage, and business entrepreneurship. From “self-Orientalizing” as non-colored people to invoking their privileges as foreign nationals or refugees, the strategies and arguments that Asian Americans employed in the long and uneven struggle for equality were as varied as they were creative. Hinnershitz uses a wide-ranging source base including legal opinions, newspapers, and oral histories to narrate heartbreaking losses as well as surprising victories, such as the injunction against Klan violence that Vietnamese fishermen won in Texas in 1981. A Different Shade of Justice will interest readers of 20th-century US history, legal history, southern history, and Asian American history.
Ian Shin is C3-Mellon Postdoctoral Fellow and Lecturer in the History Department at Bates College, where his teaching and research focus on the history of the U.S. in the world and Asian American history. He is currently completing a book manuscript on the politics of Chinese art collecting in the United States in the early 20th century. Ian welcomes listener questions and feedback at kshin@bates.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Judith Giesberg, an expert on the history of women and gender during the Civil War, is professor and director of graduate studies in the history department at Villanova University and Editor of The Journal of the Civil War Era. Two of her previous books include Civil War Sisterhood: The United States Sanitary Commission and Women’s Politics in Transition (2000), which is about the understudied roles of women in relief efforts during the war, and “Army at Home”: Women and the Civil War on the Northern Home Front (2009), which concerns the experiences of working class women in the north. She is also the principal editor of Emilie Davis’s Civil War: The Diaries of a Free Black Woman in Philadelphia (2014).
Her latest book, and the subject of our discussion, is Sex and the Civil War: Soldiers, Pornography, and the Making of an American Morality (University of North Carolina Press, 2017). Giesberg argues that the Civil War is the turning point for the influential rise of postwar anti-pornography laws and a genesis for the related network of anti-vice campaigns, which included laws against contraceptives and abortion, newly entrenched legal regulations of marriage, and ever broader social purity initiatives around sexuality.
We discuss how crucial, and yet understudied, questions of sex and desire are to the Civil War era and how silence around them has affected the ways we talk about and regulate social relations today. Much of our conversation focuses on how a small group of men created new regulations around pornography, the constitution of which was always up for debate, to hold onto the political and social power that they felt to be threatened by men of a lower class or of a different race. Prominent among this group of regulators, and a leading face of the postwar anti-vice campaigns, was Anthony Comstock. After serving in a largely inactive regiment during the war, and feeling left out of the camaraderie generated by the sharing of pornography among his fellow soldiers, Comstock fashioned for himself a largely illusory legal fraternity of moral crusaders. For pornography was hardly the main issue for those who associated themselves with his cause. Geisberg writes and talks about how other men in power negotiated the place of newly freed slaves by tightening the regulatory role that marriage played in their “free” lives. Doctors jumped at the opportunity to regulate abortion and contraception as a way to further professionalize themselves after postwar advances in medicine. Both of these groups became part of an omnibus of social reform that affects the country to this day. As you will hear over the course of our conversation, the importance of Giesberg’s account is in showing the connections between these issues and how they come together in the Civil War. Sexual abuse was at the center of social systems, including slavery. But the legal articulations of sexual crimes after the war created more easily regulated vices that distracted attention aw... Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The recent spate of revelations about high-profile sexual predators who have been harassing and assaulting women, sometimes for decades, along with the #MeToo campaign, have drawn renewed attention to the pernicious problem of discrimination in the workplace. We speak about these issues with Suja Thomas, whose new book, with co-author Sandra Sperino, shows us how (male) judges have invented an entire body of jurisprudence to justify dismissing sexual harassment cases before they can even get to juries. Join us for this timely and provocative discussion about Unequal: How American Courts Undermine Discrimination Law (Oxford University Press, 2017).
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford University Press, 2017).
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In her new book, Asylum by Boat: Origins of Australia’s Refugee Policy (New South Press, 2017), Claire Higgins, a Senior Research Associate at the Andrew and Renata Kaldor Centre for International Refugee Law at the University of New South Wales Law School, explores the origins of Australia’s refugee policy. She investigates the Australian government’s response to the arrival by boat, in the late 1970s, of thousands of Vietnamese refugees. Unlike today, however, while boat turn-backs and detention were considered, these policies were rejected. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Seana Shiffrin is Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at UCLA. She defends the “thinker theory” of freedom of speech, which holds that a central reason for upholding a moral and legal system of free speech is that such a system is necessary for free thought and reflective action. This view is articulated in her book, Speech Matters:On Lying, Morality, and the Law (Princeton 2014). The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I talk with James Forman Jr. about his book Locking Up Our Own: Crime and Punishment in Black America (Farrar, Straus and Giroux, 2017). Mass incarceration and the carceral state are hot topics in law and criminology, as the American criminal justice system faces mounting criticism for imprisoning disproportionate numbers of minorities, especially blacks. But as James Forman Jr. lays out in this book, the war on crime that saw its origins in the 1970s found a great deal of support among African American citizens, community leaders, and politicians across America’s urban landscape. Locking Up Our Own tries to understand this phenomenon.
James Forman Jr. is a Professor of Law at Yale Law School. He teaches and writes in the areas of criminal procedure and criminal law policy, constitutional law, juvenile justice, and education law and policy. His particular interests are schools, prisons, and police, and those institutions race and class dimensions. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Within a few generations after the death of Muhammad Muslims developed complex legal and theological traditions that shaped the boundaries of what was deemed Islamic. In Coercion and Responsibility in Islam: A Study in Ethics and Law (Oxford University Press, 2017), Mairaj Syed, Associate Professor of Religious Studies at University of California, Davis, examines how the constraints of interpretive traditions were tested under questions of coercion. He demonstrates that very often theological and legal reasoning moves beyond our expectations and interpretive conclusions are contradictory within seemingly uniform schools. He shows how members of the Mu’tazila and Ashari schools of theology determine the legal and moral responsibility of individuals who have been pressured to say or do something under coercive conditions. He also explores Hanafi and Shafi’i legal definitions of coercion and the various types of reasoning principles for drawing what is licit. These conundrums are hashed out through hypothetical coerced speech acts, such as proclamations of divorce, sale transactions, or legal acknowledgement, and coerced harm, as in rape or homicide.
In our conversation we discuss moral agency, the formative period of legal and theological traditions, conventional presumptions about these legal and theological schools, how tradition works, interpretive ambiguity within schools of thought, various instances of coercion, wrestling with the vast amount of hadith literature, and the fashioning of interpretive norms.
Kristian Petersen is an Assistant Professor of Religious Studies at the University of Nebraska Omaha. He is the author of Interpreting Islam in China: Pilgrimage, Scripture, and Language in the Han Kitab (Oxford University Press, 2017). He is currently working on a monograph entitled The Cinematic Lives of Muslims, and is the editor of the forthcoming volumes Muslims in the Movies: A Global Anthology (ILEX Foundation) and New Approaches to Islam in Film (Routledge). You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at kjpetersen@unomaha.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I talk with Tracy A. Thomas about her book Elizabeth Cady Stanton and the Feminist Foundations of Family Law (New York University Press, 2016). Professor Thomas is the John F. Seiberling Chair of Constitutional Law and Director of the Constitutional Law Center at the University of Akron School of Law. She is also editor of the Gender and the Law Prof Blog. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In New Treaty, New Tradition: Reconciling New Zealand and Maori Law (University of British Columbia Press, 2016), Carwyn Jones, Senior Lecturer in the School of Law at Victoria University of Wellington in New Zealand, explores Māori law and legal traditions with an eye on how they ebb and flow with changing social, environmental, and political circumstances in New Zealand. From the Treaty of Waitangi to recent land claim resolutions, Jones argues that genuine reconciliation needs to take into account Indigenous traditions in the settlement process. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the late 19th century New York socialites enjoyed a newfound celebrity status thanks to their conspicuous wealth and the attention of the rapidly expanding newspaper industry. Many of these women sought to use their status to promote causes important to them, most notably the suffrage movement. Johanna Neuman‘s Gilded Suffragists: The New York Socialites Who Fought for Women’s Right to Vote (New York University Press, 2017) describes the role they played in the suffrage campaigns in fin-de-siecle America, one that saw social rank exploited to advance a radical cause. As Neuman explains, their efforts in support of the enfranchisement of women were the most dramatic example of their growing degree of involvement in public affairs, as elite women worked to advance a variety of causes dear to them. Coming at a time when the suffrage movement was becalmed by setbacks and disagreements over goals, their participation gave the effort much-needed resources and energy. By organizing rallies, raising funds, and even campaigning personally on behalf of suffrage measures and against anti-suffrage politicians, their contributions played a vital role in winning for women the right to vote, both in New York and nationally. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The relationship between religion and economic activity has attracted generations of scholars working in myriad settings. In recent years, many have turned to questions of how Islamic ideas are generative of economic activity, to Islamic finance and capital, and to the relationship between contemporary Islam and capitalism more broadly. In Corporate Islam: Sharia and the Modern Workplace (Cambridge University Press, 2017), Patricia Sloane-White builds on this work by asking “not only how the spread of global capitalism transforms the lives of Muslims… but how capitalism empowers the spread of Islam.” Drawing from interviews and ethnographic fieldwork over a seven-year period, and a wealth of knowledge from over two decades of research in Malaysia, Sloane-White argues that the “sharia space” of the today’s corporate Islamic workplace is a third domain between the public and the private in which employees must submit to the guidance of their professional and personal lives by men who insist that their businesses can and must be both profitable and pious.
Patricia Sloane-White joins New Books in Southeast Asian Studies to talk about Malaysia’s self-styled men of the mosque and the market; the new nexus between Islamic scholars and CEOs; the decline of the bumiputera generation; sexuality, gendered divisions of labour, and the problem of patriarchy in the capitalist workplace everywhere.
Listeners of this episode may also be interested in:
Iza Hussin, The Politics of Islamic Law: Local Elites, Colonial Authority and the Making of the Muslim State
Meredith Weiss, Student Activism in Malaysia: Crucible, Mirror, Sideshow
Nick Cheesman is a fellow in the College of Asia and the Pacific, Australian National University. He can be reached at nick.cheesman@anu.edu.au Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her inspiring new book, Muslim Women’s Quest for Justice: Gender, Law and Activism in India (Cambridge University Press, 2017), Mengia Hong Tschalaer charts the strivings and creative struggles of Muslim women’s organizations in contemporary North India for gender justice. Carefully historicized and brimming with nuanced analysis, this book shows the discursive and political strategies through which overlapping and at times competing women’s organizations navigate a contested and complicated public sphere, as they seek to curate a gender emancipatory understanding of Islam. The major strength of this book is the way it presents a vivid picture of the quest for gender justice on the ground, leavened by such critical processes as the composition of gender-just nikah-namas. This important book will engage the interests of a range of scholars and courses on Islam, gender, South Asia, and Islamic law and society.
SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome.
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This week on the podcast, Daniel Bennet joins us to talk about his new book, Defending Faith: The Politics of the Christian Conservative Legal Movement (University Press of Kansas, 2017). Bennett is assistant professor of political science at John Brown University. From Hobby Lobby to Obergefell v. Hodges, the Supreme Court has ruled on controversial social policy issues. At the center of many of these cases are a set of legal organizations, what Bennett calls Christian Conservative Legal Organizations or CCLOs, including the American Center for Law and Justice and Alliance Defending Freedom. In his book, he explains how CCLOs advocate for issues central to Christian conservatives, highlights the influence of religious liberty on the CLM’s broader agenda, and reveals how the Christian Right has become accustomed to the courts as a field of battle in today’s culture wars. Bennett studies these groups as a type of interest group and legal advocacy the primary strategy to fulfill their interests. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Timothy LaPira and Herschel Thomas are the authors of Revolving Door Lobbying: Public Service, Private Influence, and the Unequal Representation of Interests (University Press of Kansas, 2017). LaPira is associate professor of political science at James Madison University; Thomas is assistant professor of political science at University of Texas, Arlington.
What is the consequence of the rapid spin of the revolving door in Washington? Once a rarity, today nearly half of members of Congress join a lobbying firm after their time on the Hill ends. In Revolving Door Lobbying, the authors show that they are not alone. Former aides join the ranks of lobbyists and generate massive amounts of revenue for lobbying and law firms. These patterns have changed the political economy of Washington politics. LaPira and Thomas mine a decade of new Lobbying Disclosure Act (LDA) data to show the way the rise of revolving door lobbying has made representation less equal and enhanced private influence.
The host of this week’s podcast is Heath Brown, associate professor of public policy at the City University of New York, John Jay College and the CUNY Graduate Center. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Before Transgender actors entered popular culture, and before the “T” was included in LGBT, Transgender activism was a small and marginalized movement. However, though courage and perseverance, Transgender rights began to enter the public consciousness. Drawing on her own life story, Riki Wilchin’s newest book TRANS/gressive: How Transgender Activists took on Gay Rights, Feminism, the Media & Congress…and Won! (Riverdale Avenue Books, 2017) traces the origins of the Transgender movement. From the backwoods of rural Michigan to the nation’s capital, the movement challenged not only conservative politicians and worldviews but also challenged the boundaries of gender, sex, and sexuality within more progressive movements. How do Trans issues and concerns intersect with notions of masculinity and femininity? What was the relationship between the Trans movement and the Gay movement? How do movements transcend the local and become national? Wilchins offers answers to these (and many more) questions within the pages of TRANS/gressive.
In addition to TRANS/gressive, Wilchins is also author to three other books on topics of gender and sexuality: Read My Lips: Sexual Subversion & the End of Gender, Queer Theory/Gender Theory: An Instant Primer, and Voice from Beyond the Sexual Binary. Wilchins’ works has been featured in many periodicals, and Riki has held many trainings on gender norms and nonconformity for audiences that include the White House, Centers for Disease Control, and the office on Women’s Health. Continuing her activism as well as her authorship, Wilchins expects another forthcoming book in the near future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
To remember Patrick Henry for his defiant declaration “Give me liberty or give me death!” is to overlook a long career spent as an advocate for the rights of Americans, first as colonists and then as citizens. In Patrick Henry: Champion of Liberty (Simon and Schuster, 2017), Jon Kukla describes the course of Henry’s eventful life and how he developed his views on individual rights and other matters. The son of Virginia planters, as a young man Henry turned to the law to earn his living. His arguments in the famous “Parson’s Cause” legal case foreshadowed his case for colonial rights during the Stamp Act crisis, which cemented his standing as one of the leading opponents of Britain’s efforts to impose taxes upon the colonies. Henry was at the forefront of Virginia’s move towards independence in 1775, and as its first elected governor he led the commonwealth during years of crisis and turmoil. This experience, as Kukla explains, helped define his opposition to ratifying the Constitution in 1787-8, an opposition which the documents proponents addressed by agreeing to include the Bill of Rights which it possesses today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Few images attached to Islam and to the Islamic legal tradition (the Sharia) in particular are more often and more disturbingly sensationalized than that of the stoning punishment. In her riveting new book Shari’ah on Trial: Northern Nigeria’s Islamic Revolution (University of California Press, 2017), Sarah Eltantawi, Assistant Professor of Comparative Religion at Evergreen State College, offers a dazzlingly nuanced and lucid account of the past and present of the stoning punishment in Northern Nigeria. Effortlessly moving between pre-modern and contemporary archives and contexts, Eltantawi traces the shifting meanings and political projects that have been invested into the stoning punishment over time. Historically grounded, theoretically exciting, and lucidly composed, this book is sure to spark important conversations and debates in multiple fields. It will also make a wonderful text for undergraduate and graduate seminars for courses on Islam, Islamic Law, Gender and Sexuality, and on Islam in Africa.
SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome.
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William Davenport Mercer‘s Diminishing the Bill of Rights: Barron v. Baltimore and the Foundations of American Liberty (University of Oklahoma Press, 2017) argues that if we want to understand how Americans in the early Republic viewed the sources of their rights, we need look no further than the mud at the bottom of Baltimore harbor. In the early nineteenth century, two men, John Barron, Jr. and John Craig, decided to buy a Baltimore wharf on credit. They were hoping to capitalize on rapidly-expanding commercial growth in city in the wake of the War of 1812. Instead, the city diverted water into the harbor, leaving Barron and Craig’s wharf silted up and the pair with a pile of debt. The men sued, and eventually their case was argued before the Supreme Court. The decision in Barron v. Baltimore, as William Davenport Mercer shows, marked a key development in the history of American constitutionalism. In arguing that the Bill of Rights (and thus, the Fifth Amendment) applied only at the Federal level, the court rejected a multi-sourced view of liberties. The contentious politics of the era, Dr. Mercer argues, precipitated our modern turn toward locating the sources of rights exclusively in documents. Dr. Mercer teaches history and law at the University of Tennessee, Knoxville. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This week on the podcast we have a true political science legend. David R. Mayhew is the author of such political science greats as Congress: The Electoral Connection, Divided We Govern, and Partisan Balance. He is the Sterling Professor of Political Science Emeritus at Yale University.
In his recent book, Mayhew examines the job America’s most routinely disparaged branch of government has actually done? The Imprint of Congress (Yale University Press, 2017) gives a deep historical analysis of the U.S. Congress’s performance since the late eighteenth century. He tracks major policy challenges addressed by Congress. In the end, Mayhew argues that Congress has actually accomplished a lot and, in doing so, balanced the presidency in a surprising variety of ways. In the podcast, Mayhew also discusses our current debate on polarization and the early Trump administration. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Now and then we feature a book on New Books in Southeast Asian Studies whose author we ought to have had on the show some time ago. The Perfect Business? Anti-Trafficking and the Sex Trade Along the Mekong (University of Hawaii Press, 2012) is one such book. Sverre Molland wrote his tandem ethnography of traffickers and anti-traffickers while researching on the border of Thailand and Laos in the 2000s, after a stint in an anti-trafficking project in which the incongruities of identifying and criminalizing alleged human traffickers became all too obvious to him. Bringing an anthropological lens to the juridical and economic categories that are usually deployed both to explain and address the phenomenon of trafficking for sex, Molland shows that the premises on which anti-trafficking programs operate are unsound. The movement of women and girls in and out of the sex trade is deeply socially embedded. Only by attending to the many varied ways that recruitment into the trade occurs can it be understood. With that, moralizing and paternalistic projects for trafficking’s elimination, as well as indicator projects for its enumeration, might be set to one side, and replaced with other ways of knowing and dealing with the phenomenon that might be rather more sensible, if less aspirational.
Sverre Molland joins New Books in Southeast Asian Studies to talk about the many layers of deception and consent in sex work, bad faith among traffickers and anti-traffickers, the misguidance of the market metaphor, teens trading teens, agency, structural violence, and the trend towards privately funded anti-trafficking and anti-slavery projects in Southeast Asia.
Listeners of this episode may also be interested in:
Holly High, Fields of Desire: Poverty and Policy in Laos
Denise Brennan, Life Interrupted: Trafficking into Forced Labor in the United States
Nick Cheesman is a fellow at the College of Asia and the Pacific, Australian National University and in 2016-17 a member of the Institute for Advanced Study, Princeton. He can be reached at nick.cheesman@anu.edu.au Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Josh Chafetz‘s new book, Congress’s Constitution: Legislative Authority and the Separation of Powers (Yale University Press, 2017), examines Congress as a branch and the powers of the legislature within the constitutional system. This book approaches the Legislative branch historically, constitutionally, politically, and structurally through the separation of powers. Chafetz situates Congress as one of three political branches of government, each deriving power from the public, the constitution, formal responsibilities (like the Senate’s role in confirmation, or Congress’s power of the purse), and also informal capacities. In analyzing Congress, Chafetz makes use of the schematic framework of hard and soft power, often used by scholars to analyze international relations, contextualizing the kinds of powers that Congress has and how those powers have been used over the history of the branch and continue to be used. Chafetz explains his thesis in regard to the separation of powers theories as a “multiplicity based” understanding of the claims made to authority not only by Congress, but also by the Executive and Judicial branches, noting that there are multiple and overlapping claims to authority.
The book will be of interest to a range of scholars and readers, since Chafetz integrates American political development, constitutional history, contemporary American politics, and the complexity of the development of British legislative authority that preceded and contributed to the American constitutional system. This is an accessible, complex, and fascinating book about American politics, the constitutional system, and, especially legislative authority within the system. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Mary E. Adkins has written Making Modern Florida: How the Spirit of Reform Shaped a New State Constitution (University Press of Florida, 2016), an account of the reformation of the Florida state constitution in the 1960s. Adkins reviews the history of the state’s constitutions since it was first incorporated into the United States in the 1840s. Yet, she concentrates on the reform efforts begun during World War II and culminating in a new constitution in 1968. Adkins reviews the political interests that pushed for a new constitution, from the League of Women Voters to the new residents in the emergent southern coasts of Florida in the 1960s. Adkins reviews the process of reforming a constitution that was rooted in the traditional rotten borough politics of 19th-century Florida. She analyzes the impact of U.S. Supreme Court decisions in the early 1960s that forced states to reapportion their legislatures, contending that Florida’s districts were so malapportioned that without the Court’s decisions there might not have been any constitutional revision. Adkins also discusses today’s constitutional revision process, which is ongoing every 20 years and is occurring in 2017.
Florida’s political context has always been an amalgam of traditional Southern politics and the emergent commercial and tourism-based economy of a coastal state. Adkin’s book illuminates how these conditions produced political conflict and constitutional change.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ryan Alford is a law professor at Lakehead University and a specialist in constitutional law. His book Permanent State of Emergency: Unchecked Executive Power and the Demise of Rule of Law (McGill Queens University Press, 2017), offers a fresh perspective on debates about the expansion of executive authority in the US in the post-9/11 period and has become even more topical in light of President Trump and the power he seeks to exercise.
Drawing on a broader canvas of legal history and comparative law than is common in the field, Alford sketches a global standard of what constitutes a “rule of law state,” and applies this to make clear the extent to which Presidential power has departed from historical norms, amounting in essence to an “elective dictatorship.” Among the many novel facets of Alford’s study are the lines it traces between strategies of the Bush, Obama, and Trump administrations and those attempted by Nixon. Offering a powerful argument for why recent presidents have been more successful than Nixon in assertions of greater power, Alford points to important differences in context, including the lack of support for the war in Vietnam in contrast to the war on terror, the process surrounding judicial appointments, and campaign financing.
The interview below aims to give a sense of the book’s wide ranging examination of factors that make reform of the dictatorial presidency unlikely in the short term and questionable in the long term.
Robert Diab is a law professor at Thompson Rivers University and the author of The Harbinger Theory: How the Post-911 Emergency Became Permanent and the Case for Reform (Oxford 2015). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The U.S. population is aging and we often rely on our family to care for us during our twilight years. But, families today can be quite complex, with divorce, step-families, and cohabitation changing the roles that family members are used to playing. In their new book, Homeward Bound: Modern Families, Elder Care, and Loss (Oxford University Press, 2017), Amy Ziettlow and Naomi Cahn interview families caring for a parent at the end of life and write about how these new norms and obligations are navigated in modern families. The book addresses many issues that become apparent at the end of life: family roles, financial as well as time costs, in addition to the planning (or lack thereof) for decisions that need to be made at the end of life for the parent. After the parent passes away, roles, once again, must be negotiated in families in addition to negotiations around wealth transfers and mourning.
This book would be a good addition to an upper level Sociology course on families or death and dying as the stories help illustrate some basic concepts and ideas. This book has a wide audience and would be of interest to sociologists, gerontologists, lawyers, as well as clergy or other religious leaders who help with end of life care. Ziettlow and Cahn not only provide interesting stories to illustrate what they find, they leave the reader with helpful tips and guides at the end of the book just in case the person reading it is also going through this life transition with a family member.
Sarah E. Patterson is a Family Demographer and is ABD at Penn State. Follow and tweet her at @spattersearch. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What is a welfare state? What is it for? Does the U.S. have one? Does it work at cross-purposes to a free-market economy or is it, in fact, essential to the functioning of modern, post-industrial societies? Join us as we speak with David Garland, author of The Welfare State: A Very Short Introduction (Oxford University Press, 2016) , a whirlwind tour of the welfare state, past and present.
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Susanna L. Blumenthal is a professor of law and associate professor of history at the University of Minnesota. Her book, Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture (Harvard University Press, 2016) won the 2017 Merle Curti Prize from the Organization of American Historians. Blumenthal offers a historical examination of the jurisprudence of insanity, legal capacity, and accountability from post-revolutionary America through the nineteenth century. Americans struggling to set the boundaries of ordered liberty turned to Common Sense philosophy that held to divinely given rational faculties of intellect, volition, and moral sense. Republican citizenship assumed that a reasonable man, as a legal person, would act accordingly. The market economy of self-made men, the new field of medical psychology, will and contract challenges over wealth and property, tort law and increased liability claims exposed the inadequacy of social and political norms in defining human fallibility, and the limits of responsibility. Litigants, lawyers, judges, and medical experts struggled to find a reliable way to settle issues of mental competency and define the bounds of freedom. The incapacity of married women, children, and slaves provided a means of comparison for the male citizen involving metaphysical, political, social, and economic ideas wrapped up in the concept of self-government. Blumenthal has produced a remarkable piece of intellectual and legal history situated in the rapidly changing market environment of a young republic.
Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is tentatively entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation is forthcoming from Oxford University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Hudak‘s book Marijuana: A Short History (Brookings Institutions Press, 2016) is an accessible and informative dive into marijuana on a number of levels and from a variety of perspectives. Hudak unpacks and explains the historical place of marijuana in the United States, and the way that marijuana is situated within the criminal justice system, and how it is understood within our cultural vernacular and moral perspectives of what is right and wrong, legal and illegal. As marijuana now seems to be on a journey towards decriminalization or legalization in a number of states in the U.S., Hudak explores the way in which marijuana became an illegal substance, and how it is connected to the demonization of others–most specifically Mexicans, Mexican-Americans, African-Americans, and the American counter-culture of earlier decades. The history of marijuana is fascinating because it highlights the evolution of various forms of regulation in the United States; and, as marijuanas classification in some states is changing (in terms of the legal access to medical marijuana or the legalization of recreational marijuana), Hudak examines the constraints within the regulatory system that make those changes more difficult to execute. This text weaves together a variety of analytical perspectives, from political science, public policy, public administration, cultural studies, sociology, and criminal justice, in exploring marijuana. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rwanda’s homegrown gacaca law has been widely hailed as a successful indigenous solution to the unprecedented problem of the country’s 1994 genocide. In his book Inside Rwanda’s Gacaca Courts: Seeking Justice After Genocide (University of Wisconsin Press, 2016), Bert Ingelaere complicates this received wisdom by focusing on the way the post-genocide gacaca trials unfolded, rather than on their lofty goals, as framed by the public relations arm of the post-genocide Rwandan Patriotic Front (RPF) government and other interested parties, both internal and external to Rwanda.
The Kinyarwandan word gacaca, derived from the word umucaca, originally referred to a plant that was so soft to sit on that people preferred to gather on it during precolonial times to adjudicate disputes and crimes, but most importantly, to restore social order and harmony. During the colonial period, the jurisdiction and prevalence of gacaca was greatly restricted. Its re-emergence as a viable means of transitional justice in Rwanda following the genocide was a response to the volume of the associated crimes. Western-style court systems were simply unequal to the task of dealing with the 1,958,634 cases of alleged participation in the genocide.
The basis of this concise treatment of the gacaca court system and the transitional justice it sought to dispense between 2005 and 2012, is Ingelaere’s mixed methods research in Rwanda, which included extended field research, as well as proxy trial observation by his Rwandan collaborators. The books eight chapters provide an overview of the basic operational characteristics of gacaca and consider how we should qualify the outcomes of this ambitious process.
Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu
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James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law at Yale Law School, began researching the book that became Hitler’s American Model: The United States and the Making of Nazi Race Law (Princeton University Press, 2017) by wondering whether Jim Crow laws in the U.S. had any impact on the development of the Nuremberg Laws. Some scholars have denied any influence. Professor Whitman came to a very different conclusion, and what he learned deserves to be much more widely appreciated than it is. For the United States was the global pioneer of explicitly racist law–and not just, by any means, in the Jim Crow South.
Strikingly, American law was most helpful to the most radical Nazi jurists. In the early years of the Third Reich, 1933 to 1936, conservative nationalist lawyers in Germany debated with Nazi radicals about how to create a body of anti-Semitic law, but one consonant with German legal traditions, which emphasized strict adherence to carefully-articulated concepts. The radicals found their model in U.S. citizenship and anti-miscegenation law, and in a legal culture that, from their point of view, was refreshingly open to innovation.
Yet even the most radical Nazi jurists found the notorious one-drop rule, and the extreme punishments some U.S. states meted out for entering into racially-mixed marriages, too harsh and inhumane.
Professor Whitman’s unsettling, learned, and deeply-engaging book deserves a large audience.
Monica Black is Associate Professor and Lindsay Young Professor of History at the University of Tennessee, Knoxville. She teaches courses in modern European and German history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The ‘ideological odd couple’ of Robert George and Cornel West jointly authored a statement defending free speech on campus and elsewhere. Find out why. Robert George is the McCormick Professor of Jurisprudence and Professor of Politics at Princeton University, and the founding director of Princeton’s James Madison Program in American Ideals and Institutions. His research focuses on issues in ethics, political philosophy, and philosophy of law. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Humility and Conviction in Public Life project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Brandon Kendhammer takes a fresh approach to the juxtaposition of Islam and democracy in his latest book, Muslims Talking Politics: Framing Islam, Democracy and Law in Northern Nigeria (University of Chicago Press, 2016). Rather than employing a top-down approach to understanding Islam’s compatibility with democracy, Kendhammer chose to speak with blue-collar, working-class Muslims in cities across Northern Nigeria. Through this approach, Kendhammer exposes the pragmatic views of ordinary citizens more concerned with economic stability than jihadist rhetoric.
As the political situation gets more violent and the idea of democracy more remote in Nigeria, Kenhammer offers a viewpoint of deep understanding for the complex situation. Based upon hundreds of conversations with ordinary citizens, he sketches a picture of how Islam and democracy can, and often is, reconciled in the neighborhoods and marketplaces of urban Nigeria’s centers, where Christians and Muslims live side-by-side. It is in the daily political and social negotiations that the way forward can be seen. However, with the increasingly violent acts of Boko Haram, it seems that the ordinary voices are being lost to unwavering religious rhetoric. While this books only tackles Northern Nigeria, the themes and lessons can be extended into the larger Muslim world grappling with the possibility of fitting Islamic values into a democratic state. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Seth Barrett Tillman has written “Ex Parte Merryman: Myth, History and Scholarship,” an article about the famous case that is popularly thought to demonstrate a conflict between the President and the federal courts during the American Civil War. Tillman’s article is an effort to revise the standard historical understanding of the case called Ex Parte Merryman. In the spring of 1861, just as the hostilities had begun in the Civil War, famously issued an order to the U.S. Army granting army officials discretion to suspend the writ of habeas corpus if resistance or treasonous activity were encountered in Union territory. That spring, as soldiers poured into the Washington, D.C. area through Maryland, the Army was confronted with popular protests and violence by civilians. One suspect was John Merryman, a young man from a prominent Maryland family. Merryman hired lawyers to seek his release via the traditional method of asking the federal courts for an order to release Merryman pending his trial. However, Merryman was not initially released and was confined in Ft. McHenry, a military base near the port of Baltimore. The traditional account of the case portrays Supreme Court Chief Justice Roger Taney as heroically seeking to vindicate the rights of a civilian prisoner wrongly held by the military and Lincoln as defying an order to comply with the Constitution.
In this podcast Professor Tillman, a lecturer in the Department of Law at Maynooth University in County Kildare, Ireland, discusses his arguments that the traditional account of the Merryman case is built upon multiple myths. If Tillman’s view of the case is correct, it holds the potential for overturning our understanding of this important period in constitutional history and civil-military relations.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This week’s podcast is a fraud or at least about a fraud. Edward J. Balleisen has written Fraud: An American History from Barnum to Madoff (Princeton University Press, 2017). Balleisen is associate professor of history and public policy and vice provost of Interdisciplinary Studies at Duke University. Why is fraud committed so frequently in the United States? What about our political and legal institutions has created such an inviting environment for tricksters? And, what has government done to address it? In Fraud, Balleisen surveys centuries of American political, legal, and business history. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Policing tactics have recently been the subject of lively political debates and the target of protest groups like the Black Lives Matter movement. Police reform is not new, of course. The 1950s and 1960s, in fact, saw one of the most active periods of change surrounding standard policing procedures and a moment of political reexamination of the role of police in a democracy. Christopher Lowen Agee, Associate Professor of History at the University of Colorado Denver, examines these changes in San Francisco in his recent book. The Streets of San Francisco: Policing and the Creation of a Cosmopolitan Liberal Politics, 1950-1972 (University of Chicago Press, 2014) takes on a city where police notoriously clashed with leftist activists, but also a city run by liberals. The Streets of San Francisco examines the causes, consequences, and limits of reform from street-level interactions between police and residents to policing politics in city hall.
In this episode of New Books in History, Agee discusses his new book. He tells listeners about reform in the San Francisco Police Department in the 1950s and 1960s. He talks about some of the unusual alliances formed among reformers and a few of the several controversies that his book examines, explaining to listeners how those controversies changed police procedures. He discusses the role of police discretion and force, of activists responding to police tactics, and also the limits of reform, particularly those surrounding race. The legacies of these reforms continue to influence policing today. Finally, Agee talks about conducting oral histories for this book and more generally about researching policing during the era.
Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu.
To download this interview file directly, right click here and select “Save Link (or ‘Target’) As…” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his recent monograph, Buddhism, Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka (Cambridge University Press, 2016), Benjamin Schonthal examines the relationship between constitutional law and religious conflict in Sri Lanka during the twentieth and twenty-first centuries. Situating his study alongside broader conversations in the field of constitutional law and specifically debates about law’s effects on religion, Schonthal challenges the widely-held idea that constitutional law, properly administered, is a useful tool for reducing conflict between and within religious communities.
Drawing on unpublished and previously unexamined archival materials written in Tamil, Sinhalese, and English, Schonthal argues that in the case of Sri Lanka constitutional law has actually hardened pre-existing religious conflicts and encouraged religious actors to use the law and courts to frame a variety of legal fights in explicitly religious terms. The pyrrhic constitutionalism in the subtitle of the book is the term that Schonthal has coined to describe how, in this case, the practice of constitutional law actually exacerbates the very problems it was designed to resolve.
In the first half of the book, Schonthal details the fascinating history of two of Sri Lankas most important constitutions–an initial one in 1948, and a revised version ratified in 1972–focusing specifically on the section that addresses Buddhism and religion. Many familiar with the post-independence history of Sri Lanka might interpret this section as but a product of Buddhist chauvinism and Sinhala nationalism. However, by looking at an impressive number of drafts and archival materials, Schonthal reveals that the process of drafting this religious clause was in fact a messy back-and-forth between several competing parties, including those who wanted the government to completely remove itself from religious affairs, those who wanted the government to proactively protect religious rights, and those who hoped the state would grant Buddhism a special, protected status in post-colonial Sri Lanka. He further shows that even among those who wanted Buddhism to enjoy special protection there was much disagreement about how the government should execute such protection, and to what degree the government should assume responsibilities traditionally allocated to the saṅghas elders or sometimes to the king.
The second half of the book provides case studies that detail precisely how it is that constitutional law exacerbates extant conflicts within and between religious groups. After providing a number of examples of the way in which the Buddhism and religion clause created an incentive for Buddhist groups to use the courts as a space for publicly airing their grievances, Schonthal then moves on to the case of a monk who applied for a driving license but, after a long legal process, was eventually denied. Scholars of Buddhism will find this case fascinating regardless of their area or period of expertise, for this highly contentious case, which captivated the Sri Lankan media and public, gets to the heart of a perennial issue within Buddhist societies, namely the degree to which secular rulers should be involved in enforcing Buddhist monastic rules. In the book’s penultimate chapter, Schonthal looks at Buddhist anxiety over religious conversion–specifically cases of Buddhists converting to Christianity–and again argues that constitutional law has inadvertently intensified this controversy.
In the interview we barely scratch the surface of the book, and listeners interested in following Schonthal’s arguments in greater detail and reading the case studies, Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The idea that a political order derives its authority, legitimacy, and justification from some kind of initial agreement or contract, whether hypothetical or tacit, has been a mainstay of political philosophy, at least since Hobbes. Today, the leading approach to theorizing justice–John Rawls’ conception of “justice as fairness”– employs a contract doctrine, albeit of a somewhat modified kind. There, too, the idea is that an initial agreement, struck under special conditions of fairness, settles the principles of justice that will govern a society. The fundamental thought driving social contract theories is undeniably intuitive: What else could justify social rules and principles but the agreement of those who are to live under them? But, of course, there are fairly obvious problems with the very idea of a hypothetical prosocial fair agreement that results in principles and rules to govern actual societies.
In Social Contract Theory for a Diverse World: Beyond Tolerance (Routledge, 2017), Ryan Muldoon (SUNY Buffalo) launches an original kind of criticism of social contract theory, both in its classical and current formulations. According to Muldoon, extant social contract theories do not take sufficient account of diversity. Muldoon then proposes a revised version of social contract theory, and also a reorientation in political philosophy itself. In Muldoon’s hands, social contract theory is not aimed primarily at the production and justification of principles of justice; rather, the social contract is a tool of discovery in an ongoing social experiment. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her fascinating new book The Politics of Islamic Law: Local Elites, Colonial Authority, and the Making of the Muslim State (University of Chicago Press, 2017), Iza Hussin, Lecturer of Politics at University of Cambridge examines the transformation of Islamic law in colonial Malay, Egypt, and India. Combining archival, institutional, and political history, this book charts in staggering detail the centralization of Islamic Law in the shadow of colonial power during and after its attempted marginalization in Muslim societies. Much of this book is focused on explaining this apparent paradox, and a task that it achieves with convincing clarity. By presenting a nuanced and complicated picture of the interaction of colonial power and the colonized elite, Hussin offers a narrative of the making and remaking of Islamic Law in modernity that will delight the intellectual palate of specialists and non-specialists alike.
SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
With public debate about immigration law and policy at a peak, Anna Law is on the podcast this week to discuss her book The Immigration Battle in American Courts (Cambridge University Press, 2014) which came out in paperback in 2014. Law is the Associate Professor and Herb Kurz Chair in Constitutional Rights Political Science at Brooklyn College, CUNY.
In the book, Law assesses the role of the federal courts in immigration going back to the late 18th century. She follows the institutional evolution of the Supreme Court and the US Courts of Appeals through the early 2000s as new waves of immigrants arrive in the country. What she discovers is that by the turn of the 20th century, a division of labor developed between the two courts as the Courts of Appeals retained its original function as error-correction courts, and the Supreme Court was reserved for the most important policy and political questions. We ended our conversation about the book by reflecting on how the courts may treat the Trump administration executive order on immigration. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
John Hadley’s Animal Property Rights: A Theory of Habitat Rights for Wild Animals (Lexington Books, 2015) presents a novel approach to addressing habitat and biodiversity loss: extending liberal property rights to wildlife. Hadley argues that a guardianship system could effectively protect the rights of wild animals to resources in the territories they inhabit. In turn, the guardians of particular animals or a particular species could challenge land use plans that might threaten the ability of these animals to meet their basic needs.
Though grounded in philosophical theory, Hadley’s focus is pragmatic. He is interested in producing an institutional design that could be effectively incorporated into policy and practice. His proposal also aims to solve some key problems in wildlife conservation. It bridges the seemingly divergent interests of environmentalists focused on the protection of the collective (e.g., ecosystems) and those of animal rights proponents focused on the survival of individuals. Here, common ground is found in habitat protection, a shared value that reconciles the differences between these groups. Hadley’s proposal also ensures animals become vocal stakeholders in land use and conservation initiatives, able to compete with agendas that might be incompatible with animal or habitat protection. It also begins to overcome the anthropocentrism that (perhaps inevitably) pervades conservation practice. By determining animal property rights boundaries on the basis of territorial behavior, Hadley’s proposal privileges animal actions and interactions over human-centric interests. Although their rights would be advocated by a human guardian in a person-centered legal system, if implemented, this theory would ensure the interests of wild animals are taken seriously. This is a book of critical relevance to those interested in issues of human-wildlife conflict, biodiversity protection, and human/nonhuman relationships. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization.
Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime.
In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law.
Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French.
Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world.
Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.
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For more than 50 years, Huntsville prison put on an annual rodeo throughout the month of October to entertain prisoners, locals, and visitors from across the nation. In his new book Convict Cowboys: The Untold History of the Texas Prison Rodeo (University of North Texas Press, 2016), Sam Houston State University criminal justice and criminology professor Mitchel Roth explores the history of the rodeo. The Texas Prison Rodeo began as a small event intended to serve essentially as recreation for prisoners, but grew into an important fundraiser and a nationally known show. It included a range of traditional rodeo events and contests, but also added other acts drawn from various forms of American popular entertainment as cultural sensibilities and prisoner interests changed. The rodeo was, in some ways, one of the more positive aspects of an otherwise brutal and underfunded prison system. Inmates were able to win prizes and interact with the free world, and the proceeds from the rodeo helped provide services the legislature refused to fund. The rodeo was also dangerous, however, and developed against the background of a prison system based on forced labor and corporal punishment.
In this episode of New Books in History, Roth discusses his new book. He tells listeners about the origins of the rodeo, its development over the decades, and its demise. Throughout its life, the racial and gender dynamics of the rodeo changed with time as did its main events. Its popularity grew to a height with Western nostalgia in the 1950s, but by the 1980s, changing prison populations and changing cultural norms surrounding issues like the treatment of animals brought the rodeo’s run to an end. In addition to discussing the life of the rodeo, Roth also discusses controversies surrounding it, the research he completed for the book, and his current project in this episode.
Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The philosopher (and 1972 presidential candidate) John Hospers once wrote, “justice is getting what one deserves. What could be simpler?” As it turns out, this seemingly simple idea is in the opinion of many contemporary political philosophers complicated enough to be implausible. According to many these theorists, the question of what one deserves is no less vexed than the question of what justice requires. Some even hold that the question of what one deserves can be answered only by reference to a conception of justice. Accordingly, it seems as if a defense of Hospers’ simple idea requires a lot of effort.
In Distributive Justice: Getting What We Deserve from Our Country (Oxford University Press, 2016), Fred Feldman provides an original version of desertism, the view according to which justice prevails in a society when all of its members get what they deserve from whatever entity has the job of enacting justice. He forcefully argues that, once it is articulated with the requisite nuance and precision, desertism is an attractive conception of distributive justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The 9/11 attacks revealed a breakdown in American intelligence and there was a demand for individuals and institutions to find out what went wrong, correct it, and prevent another catastrophe like 9/11 from ever happening again. In Rogue Justice: The Making of the Security State (Crown Publishers, 2016) Karen J. Greenberg discusses how the architects of the War on Terror transformed American justice into an arm of the Security State. She tells the story of law and policy after 9/11, introducing the reader to key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim. Expanded intelligence capabilities established after 9/11 (such as torture, indefinite detention even for Americans, offshore prisons created to bypass the protections of the rule of law, mass warrantless surveillance against Americans not suspected of criminal behavior, and overseas assassinations of terrorism suspects, including at least one American) have repeatedly chosen to privilege security over the rule of law. The book addresses how fear guides policy and the dangers of indulging these fears. Karen concludes that “[t]he institutions of justice, caught up in the war on terror, have gone rogue.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sabeel Rahman is the author of Democracy Against Domination (Oxford University Press, 2016). Rahman is assistant professor of law at Brooklyn Law School. Combining perspectives from legal studies, political theory, and political science, Democracy Against Domination reinterprets Progressive Era economic thought for the challenges of today. The book offers a new approach to regulation and governance rooted in democratic theory and the writing of Louis Brandeis and John Dewey. In order to oversee complex economic activities and financial markets, Rahman argues for more democracy, not less, more participation by citizens and more participatory institutions established to facilitate this aim. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand (University of Hawaii Press, 2016) is a rewarding, multilayered study of how Thailand became the Kingdom of Crime, and its police, masters of simulation and representation. While working towards an account of the visual culture of criminality, Samson Lim carefully documents the establishment and growth of the police force in Thailand, hitherto Siam, and its adoption of technologies to identify, name, class, measure, investigate and explain criminal phenomena. Photography, mapping and fingerprinting altered fundamentally conceptions of what constituted evidence. Perceptions of what crime is and how it can be captured for presentation at trial also underwent profound change. According to Lim “the determination of how things should look became a key preoccupation of the state.” With time, crime scene reconstruction morphed into a powerful new genre of reenactment, which ostensibly helps to organize existing knowledge about crime, while in fact doing something altogether different. Together, Lim convincingly shows, reconstruction and reenactment have brought the criminal act to life, not only for the purposes of assembled judges, but perhaps even more importantly, for the cameras of assembled journalists. Need proof? Look no further than the cover of your typical Bangkok daily.
Samson Lim joins New Books in Southeast Asian Studies to talk about the chronotope of crime, science and technology studies, epistemological history, modus operandi, the aesthetics of reenactment, and, of course, murder in Thailand’s vernacular press.
Nick Cheesman is a fellow at the College of Asia and the Pacific, Australian National University and in 2016-17 a member of the Institute for Advanced Study, Princeton. He can be reached at nick.cheesman@anu.edu.au. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this episode of the H-Law Legal History Podcast I talk with Associate Professor of English at The Ohio State University at Marion, Sara L. Crosby about her new book, Poisonous Muse: The Female Poisoner and the Framing of Popular Authorship in Jacksonian America (University of Iowa Press, 2016). Crosby discusses how the trope of the female poisoner permeated popular literature in the mid-nineteenth century. In her analysis of the 1840 murder trial of Hannah Kinney, we see how the partisan press used the accused as a vessel through which to fight-out central political battles of the day. We then see how jury decisions may serve as a metric for determining which metaphors and cultural frames are prevailing at a point in time. Following a popular metaphor enables Crosby to track the cultural tides influencing law and politics in Jacksonian America. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Timothy Sandefur’s new book, The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It (Encounter Books, 2016) is an argument against the restrictions on individual liberty by local, state and federal governments. Sandefur, the Vice President of Litigation at the Goldwater Institute, contends that the politics of the Progressive Era in America resulted in a faith in experts and empirical data that held the promise of a well-managed society. But Sandefur contends that such a well-intentioned effort resulted in laws that actually mismanaged many aspects of society and resulted in injustices. For example, the Civil Rights Movement was not only hindered by racism, but also by laws and regulations, such as licensure laws that raised barriers to entry in new trades and zoning laws that restricted affordable housing stock. Sandefur also reviews the importance of courts in recognizing and protecting individual liberties against such laws. Sandefur seeks to persuade readers that liberty from the ability to engage in business without significant costs mandated by the government, to the freedom to try experimental drugs that have not yet gained federal approval should not be regarded as a privilege bestowed by the government. Instead, he contends that liberty is a right possessed by all people regardless of their political or economic power.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Pope said that Donald Trump wasn’t much of a Christian if all he can think about is building walls. Trump replied that it was “disgraceful” for a any leader, even the Pope, “to question another man’s religion or faith.” I imagine that many Americans agreed with Trump on this score. But is Trump’s “radical tolerance” position really sensible? Can’t someone reasonably and respectfully say to another “Gee, I think you’ve got that particular point of scripture wrong” or even “I think your faith is, well, misguided for reasons X, Y an Z”?
In his thought-provoking book The Limits of Religious Tolerance (Amherst College Press, 2016), Alan J. Levinovitz argues that we can and indeed must question religion, both our own and everyone else’s. How else, he asks, are we to understand why we and our fellow citizens believe what we say we believe? To be sure, Levinovitz advises that we only engage in critical discussions of religion in certain, well-defined contexts: churches, synagogues, mosques and such are good places to practice religion, not debate it. In contrast, Levinovitz proposes, universities–places defined by rational investigation and (in theory) civil discussion–are perfect for debates about religion. And, Levinovitz continues, institutions of higher education should do everything in their power to encourage it.
Thanks to Amherst College Press, Levinovitz’s wonderful book is available free for download here.
Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Rebecca S. Natow, Senior Research Associate with the Community College Research Center at Teachers College, Columbia University, joins New Books Network to discuss her recently published book, entitled Higher Education Rulemaking: The Politics of Creating Regulatory Policy (Johns Hopkins University Press, 2016).
In the book, she explores what happens after higher education legislation becomes law, specifically focusing on implementation of programs and rules in the sector. For the study, in-depth interviews were conducted with individuals from the US Department of Education, congressional staffers, representatives from higher educational institutions, both student and consumer representatives, mediation experts, state government officials, and representatives from the lending industry.
Professor Natow previously joined New Books Network to discuss The Politics of Performance Funding for Higher Education Origins, Discontinuations, and Transformations.
For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Timothy S. Huebner, the Irma O. Sternberg Professor of History at Rhodes College in Memphis, has written Liberty & Union: The Civil War Era and American Constitutionalism (University Press of Kansas, 2016), a one-volume history of the constitutional debates regarding slavery and sovereignty from the Declaration of Independence through the end of Reconstruction. Huebner brings together three strands of history: African American history, military history, and constitutional/political history. In doing so, he joins often disparate areas of inquiry in an account of the unresolved questions from the Founding Era: 1) what would become of slavery? and 2) what was the nature of the Union and how was sovereignty divided between the states and federal government? Huebner reviews the competing theories and political events that repeatedly stoked debate and conflict over how slavery would be handled in a federated constitutional republic. Huebner makes original contributions to the debates about the Civil Wars origins and outcomes by integrating the political and military contributions of African Americans, especially norther free blacks of the antebellum period and blacks from North and South who sought freedom and fought in the war. Additionally, Huebner denotes how the conduct of the war revealed the political and constitutional views of military and civilian commanders on both sides. Huebner concludes that the Civil War and Reconstruction provided definitive answers to the questions of slavery and sovereignty: slavery was extinguished and the sovereignty of the people (rather than the states) had been vindicated. This is a work intended for general readers and professional historians.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jen Manion is an associate professor of history at Amherst College. Her book Liberty’s Prisoners: Carceral Culture in Early America (University of Pennsylvania Press, 2016) offers a detailed examination of how the reform regimen of incarceration developed as the new American nation was experiencing deep social and political transformation. The place of women, African-Americans, immigrants and the poor was recast by new attitudes toward maintaining the social order through the patriarchal family, heterosexual regulation and the property system. Penitentiaries were designed to replace harsh British methods of corporal punishment with republican reform for those accused of property crimes, vagrancy, and public disorder. Reform was imposed through a system of work and submission to disciplinary authority. Within the walls of the prison, women approximated the model of domesticity and submission, while men faced the challenge of demonstrating manly responsibility within a system of denigration. Both men and women charged with crimes resisted the imposition of gender expectations and social hierarchies making their own claims to liberty. Manion not only looks at the gender dynamics but also how race and ethnicity shaped the experience of prisoners as potentially good citizens. By examining the social history of a failed penal system, Liberty’s Prisoners offers a window into the gender and race system of the new republic.
Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her brilliant new book Beginnings of Islamic Law: Late Antique Islamicate Legal Traditions (Cambridge University Press, 2016), Lena Salaymeh, Associate Professor of Law at Tel Aviv University, presents a fascinating account of the historical unfolding of Islamic Law that combines dazzling textual analysis with cutting-edge theoretical interventions. Beginnings of Islamic Law makes a formidable and eminently convincing case for a carefully historicized approach to the study of Islamic law while arguing for the intimate entanglement of law and history. Another hallmark of this book is its focus putting Islamic Legal traditions in conversation with Jewish Law in singularly productive ways. Through a historically grounded and theoretically sophisticated comparison of Islamic and Jewish Law on specific questions of ethics and practice such as women initiated divorce, treatment of prisoners of war, and circumcision, this book highlights important and often surprising points of overlap and divergence. In our conversation we talked about the major themes, arguments, and possible misinterpretations of the book. Beginnings of Islamic Law will be of great interest to all students of Islam, Islamic Law, Jewish Law, Legal Studies, and the study of Religion more broadly. It should also make an excellent text for courses on these subjects.
SherAli Tareen is Assistant Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His academic publications are available at https://fandm.academia.edu/SheraliTareen/. He can be reached at stareen@fandm.edu. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What new can there be to say about the New Deal? Perhaps more than you think. Join us as Karen Tani talks about her new book, States of Dependency: Welfare, Rights and American Governance, 1935-1972 (Cambridge University Press, 2016), which examines the ways in which the rights talk we typically associate with the 1960s might be traced back to New Deal Administrators who, through programs like the ADC, simultaneously reshaped federal state relations and created new incentives for the professionalization of state bureaucracies.
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A Peoples History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It’s been said that for poor and low-income Americans, the law is all over. Join us for a conversation with Vicki Lens, who, in Poor Justice: How the Poor Fare in Court (Oxford University Press, 2015), shows us how vulnerable populations interact with the legal system. Prof. Lens will talk about fair hearings for welfare applicants, cases of child maltreatment and neglect, the ways in which the law protects and coerces people with mental illness, and the implications for homelessness on New York’s right to shelter.
Stephen Pimpare is Senior Lecturer in the Politics & Society Program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. He is the author of The New Victorians (New Press, 2004), A People’s History of Poverty in America (New Press, 2008), winner of the Michael Harrington Award, and Ghettos, Tramps and Welfare Queens: Down and Out on the Silver Screen (Oxford, 2017). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Leon Wildes is the author of John Lennon vs The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History (Ankerwycke 2016). Wildes is an immigration attorney and the founder partner of Wildes & Weinberg.
As immigration issues dominate the discussion of President-Elect Donald Trump’s transition to power, Wildes takes us back to the dramatic deportation case of John Lennon. Part legal analysis, part legal history, John Lennon vs. The U.S.A. shows the way presidential politics played out in the case against Lennon. Wildes, Lennon’s lawyer in the case, retells the case for the first time in this interesting new book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Marc Steinberg is a professor of sociology at Smith College. His latest book, England’s Great Transformation: Law, Labor, and the Industrial Revolution (University of Chicago Press, 2016) is a response to Karl Polyani’s vision of an emerging modern labor market in The Great Transformation. Steinberg complicates our understanding of changing power relations by examining how workers were contracted to their employers. The book is centered around three case studies of employers using draconian master-servant laws to control the labor force. Historically rigorous and sociologically imaginative, Steinberg’s analysis does true justice to the stories of his subjects. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Quantification is not usually the first thing that comes to mind when hearing or reading about the United Nations High Commission on Human Rights (OHCHR). Yet in the 21st century, a wide range of policy and advocacy agendas begin with numbers. Those numbers become indicators, composites, standards, and measurement tools, which then get adopted in advocacy rhetoric or policy practice.
In The Seduction of Quantification: Measuring Human Rights, Gender Violence, and Sex Trafficking (University of Chicago Press, 2016), Sally Engle Merry combines ethnography, human rights, and science and technology studies to explore how people living in vulnerable situations across the globe are represented by the numbers designed to both name and support them. While numbers do not have agency, and cannot help or hurt on their own, Merry dedicates most of the book to untangling the politics and practice of developing standards and indicators, and interpreting the realities that come with “governance by numbers.” The genealogy of these indicators and standards are given as much space as their application, as Merry describes their highly political origins and a process of their subtle acceptance as normalover time.
With roots in colonial authority and population management, indicators have been developed and used for a range of purposes in governance: to manage people, resources, planning, dissent, and reputations among others. Merry explores indicators and indices from legal, anthropological, historical, and genealogical perspectives, describing a range of unexpected stewards from short-term United Nations consultants to U.S. State Department officials to computer algorithms. While the book focuses on the globalization of definitions, measurements, and management techniques, it simultaneously explores the widely varied phenomena of gender violence, human rights, and human trafficking. On a set of topics that have been broadly fetishized, the overlay of quantified assessments and accompanying responses to them raises many questions about voice, politics, and international policy-making among many other topics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1971, prisoners took over Attica Correctional Facility in upstate New York. The uprising followed a wave of protests in prisons and jails across the state and nation. Prisoners sought to draw public attention to years of mistreatment and abuse as they held prison employees hostage and invited the media into the facility. Four days after the takeover, state officials ended talks abruptly and retook the prison using massive force. Both prisoners and guards were killed and injured in the ensuing gunfire. In Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy (Pantheon, 2016), University of Michigan professor, Heather Ann Thompson, tells an untold story of this uprising and its legacy. After the retaking of the prison, state troopers and corrections officers violently retaliated against the prisoners, committing human rights violations for which the state of New York failed to prosecute any officials. Thompson’s book thoroughly documents the state’s decades-long cover-up of officials’ criminal violence during and after the uprising. Instead of substantially reforming prison conditions or thoroughly investigating crimes on all sides, they focused on prosecuting prisoners and publicly blaming all violence on them.
Blood in the Water is extremely relevant today. Criminal justice reform has become an urgent political issue in the 21st century. Prisons are overcrowded and as numerous scholars and politicians have noted, the current system of mass incarceration overwhelmingly targets black and brown men, ruining lives and causing upheaval in communities of color. Historians have recently been examining the roots of this modern system in an effort to understand both its origins and its present character. Thompson’s work provides key insights into the ways this system developed and how it protects and perpetuates state violence.
In this episode of New Books in History, Thompson discusses her new book. She tells listeners about the uprising and its aftermath. She also discusses the difficulty of completing this research, which speaks to the continued efforts of the state to keep the full narrative of events during the uprising from public view. Finally, she briefly speaks to the importance of the Attica uprising for understanding mass incarceration and the broader criminal justice system today. This acclaimed new book reveals important new information about the uprising and its aftermath that has previously been concealed from the public. It is a National Book Award finalist and has received significant praise. It has been written about or reviewed in the New York Times, The New Yorker, The New York Book Review, among other publications. Thompson has given Congressional staff briefings on the subject of mass incarceration in the United States and written about the topic in numerous popular and academic venues.
Christine Lamberson is an Assistant Professor of History at Angelo State University. Her research and teaching focuses on 20th century U.S. political and cultural history. She’s currently working on a book manuscript about the role of violence in shaping U.S. political culture in the 1960s and 1970s. She can be reached at clamberson@angelo.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Suja A. Thomas, a professor of law at the University of Illinois College of Law, has written The Missing American Jury: Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries (Cambridge University Press, 2016)–a book comprising history, political science, and constitutional jurisprudence. Her topic is the history of the jury in American law and its decline over the last century and a half. Thomas argues that the jury should be considered a branch of the government, its own powers and authority under the Constitution. Her argument is premised upon the original understanding of the constitutional provisions regarding the jury’s role in not only the judiciary, but the governance of the United States. She traces the gradual decline of the jury’s power over the course of the late nineteenth century and throughout the twentieth century. Today, judges perform many of the tasks that were originally in the province of the jury, often reducing the jury to an advisory body. Thomas contends that this state of affairs harms all actors in the American system: the traditional three branches of government, judges, juries, citizens, and parties to civil and criminal lawsuits. She urges reforms that will enhance juries power to not only decide cases, but to check the power of prosecutors and legislatures.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Feminine Law: Freud, Free Speech, and the Voice of Desire (Karnac Books, 2016), Psychoanalyst Jill Gentile explores the intersection between Freuds fundamental rule of free association and freedom of speech in a democracy, two subjects with obvious connections; however, as Gentile points out, surprisingly few writers have attempted to linked the two. In this interview, which spans the history of psychoanalysis and the U.S. Constitution, Gentile describes how both the psychological discipline and the political system aim at common goals, and that both psychoanalysis and democracy situate freedom in a particular space, a space governed by what Gentile calls a feminine law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Savage Portrayals: Race, Media, and the Central Park Jogger Story (Temple University Press, 2014) offers a timely reminder of how racial bias and prejudice continue to shape political perspectives and dominant media narratives. Drawing on her unique experience as a journalist covering the case, Natalie Byfield explores the media response to and framing of the Central Park Jogger case which gained national attention during the late 1980s.
Byfield is a cultural sociologist, who has taught in the fields of sociology and media studies. She is an associate professor at St. John’s University in Queens, New York where her research centers on the sociology of knowledge. She examines language, media systems, and methodologies exploring their roles in the production and construction of race/class/gender inequalities. In 1989 she was a member of a reporting team nominated by the Daily News for a Pulitzer Prize relating to the papers coverage of the Central Park Jogger case. Dr. Byfield is also the recipient of a Charles H. Revson Fellowship at Columbia University and a National Science Foundation Fellowship. Her current book project is titled Minority Report: Place, Race, and Surveillance in New York City. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Dr. Damien M. Sojoyner, Assistant Professor of Anthropology at the University of California, Irvine, joins the New Books Network to discuss his recently published book, entitled First Strike: Educational Enclosures in Black Los Angeles (University of Minnesota Press, 2016). Through both ethnographic and historical analyses, First Strike explores the tragic relationship between education and the prison system in California.
For any questions, comments, or recommendations for the New Books in Education podcast, you can connect with the host, Ryan M. Allen, at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How can children grow to realize their inherent rights and respect the rights of others? In Human Rights in Children’s Literature: Imagination and the Narrative of Law (Oxford University Press, 2016), authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children’s literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children’s lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child — the most widely-ratified human rights treaty — not only ensures that children have rights, it also requires that states make those rights “widely known, by appropriate and active means, to adults and children alike.” This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children.
Human Rights in Children’s Literature investigates children’s rights under international law — identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights — and considers the way in which those rights are embedded in children’s literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children’s rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them. Learn more at: www.jonathantodres.com
Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Supreme Court justice Ruth Bader Ginsburg has spent a lifetime disagreeing with inequality, arguing against unfair treatment, and standing up for what’s right for people everywhere. I Dissent: Ruth Bader Ginsburg Makes Her Mark (Simon and Schuster, 2016), a biographical picture book–the first for young children about Justice Ginsburg’s life–tells the justice’s story through the lens of her many famous dissents, or disagreements. Award-winning children’s book author, Debbie Levy, demonstrates Ruth Bader Ginsburg’s persistence and highlights notable cases in which she was a participant, such as Frontiero v. Richardson (1973), which was an important win for equal rights for women. Debbie Levy has written many powerful nonfiction narratives for children, including We Shall Overcome: The Story of a Song, The Year of Goodbyes: A True Story of Friendship, Family and Farewells, and Dozer’s Run: A True Story of a Dog and His Race. Ms. Levy is a former lawyer and newspaper editor.
Susan Raab is president of Raab Associates, an internationally recognized agency that specializes in marketing literature, products and initiatives that help improve the lives of young people. Clients have included National Geographic, Scholastic, the International Board on Books for Young People, and bestselling authors and illustrators. Susan is marketing advisor for the Society of Children’s Book Writers and Illustrators (SCBWI). She’s also a journalist reporting on publishing, education and human rights. Her work as a broadcast correspondent has been hosted by the University of Connecticut, and by the University of Florida’s Recess Radio, a program syndicated to 500 public radio stations. Her many interviews, including with Art Spiegelman, Jon Scieszka, Norton Juster, Laurie Halse Anderson and many others talking about art and literature can be heard here. Follow Susan at: https://twitter.com/sraab18 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bob Mionske is a Portland, Oregon based attorney whose practice focuses on representing cyclists. He gained his cycling experience at the highest levels, riding twice as a member of the United States Olympic racing team in 1988 and 1992. Mionske was inspired to write Bicycling and the Law: Your Rights as a Cyclist (VeloPress 2007) when he realized that a popular commentary on cycling laws had not been published for over a hundred years. In the podcast Mionske discusses how early bicyclists like 19th century bicycle entrepreneur Albert Pope, established bike friendly rights of the road through protests, legislation, and litigation. Mionske also discusses common issues faced by modern cyclists and offers tips for reaching out to people who are biased against cyclists. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why is our criminal justice system so unfair? How do innocent men and women end up serving long sentences while the guilty roam free? According to law professor and scholar Adam Benforado, our systems problems stem from more than occasional bad apples; they start with deeply rooted biases we all hold and which influence the course of justice. Eugenio Duarte sat with him to discuss how these biases shape every step along the way, from how a crime is initially investigated, through the process of indicting and trying suspects, to ultimate determinations of punishment. His revelations, coming from empirical investigations and first-hand experience, are shocking and sobering. He documents them in his new book, Unfair: The New Science of Criminal Injustice (Penguin Random House, 2016), and also compels readers to take action to right the wrongs in how we delivery justice.
Adam Benforado is Associate Professor of Law at Drexel University. He has published numerous scholarly articles, and his op-eds and essays have appeared in the Washington Post, the Philadelphia Inquirer, and Legal Times. Follow him on Facebook.
Eugenio Duarte, Ph.D. is a licensed psychologist and psychoanalyst practicing in New York City. He treats individuals and couples, with specialties in LGBTQ issues, eating and body image problems, and relationship problems. Follow him on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Alien and Sedition Acts of 1798: Testing the Constitution (Johns Hopkins University Press, 2016), Terri Diane Halperin has provided a political history of the 1790s and explained the origins of one of the most contentious free speech events in American history. The Alien and Seditions Acts, which were actually four laws enacted in 1798, dramatically tested the principles of free speech in the young republic. Halperin explains the political origins of the controversy, which began in the earliest days the George Washington’s administration. Although the Federalists, led by Alexander Hamilton, George Washington, and John Adams, and the Democratic-Republicans (or Jeffersonians), led by Jefferson and James Madison, had already established their differences on the national stage regarding the Constitution, foreign affairs would create further cleavages between these groups. Halperin investigates and analyzes how the French Revolution was celebrated and feared in America. When France descended into civil war and instigated European wars, the United States feared being drawn into the conflicts. The Federalists developed an affinity for Britain’s rejection of the Terror and resistance to France, while the Democratic-Republicans celebrated the promise of the French Revolution, even though most deplored the violence of the Terror. French and Irish immigrants were welcomed by the Jeffersonians and feared by the Federalists.
Halperin demonstrates how dissent against American foreign policy, usually through the many newspapers published in America, was viewed as subversive and threatening to America’s reputation and national security. The Federalists, who dominated the national government during the 1790s, conceived of federal criminal laws to quash dissent. Halperin explains how both sides had their dearly held beliefs: the Federalists thought Jeffersonian newspaper editors would encourage rebellions against federal power or foreign powers efforts to acquire land in the New World; the Jeffersonians claimed that dissent was legitimate and pointed to the First Amendment’s free speech clause as a right that allowed criticism of government. My conversation with Halperin covers all of these events and reveals the importance of the debate over free speech in the early Republic.
Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
While many fans collect all kinds of memorabilia related to their favorite movies, others actually seek out and collect the actual celluloid films. For their book, A Thousand Cuts: The Bizarre Underground World of Collectors and Dealers Who Saved the Movies (University Press of Mississippi, 2016) Dennis Bartok and Jeff Joseph interviewed many of these collectors and learned about the issues they faced, both in finding their own special treasures, as well as the legal issues suffered by some of them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Katherine Turk is assistant professor of history at University of North Carolina, Chapel Hill. Her book Equality on Trial: Gender and Rights in the Modern American Workplace (University of Pennsylvania Press, 2016) explores how women tested the boundaries of work place equality following the passing of the Title VII of the 1964 Civil Rights Act. The under staffed Equal Employment Opportunity Commission was given the task of interpreting the ambiguous meaning of sex equality. Thousands of letters flooded the commission appealing to broader notions of fairness and sexual equality. The ambiguity of the law allowed women to assert expansive interpretations to include safer workplaces, higher wages, flexible schedules, equal pay and comparable worth. The EEOC struggled to apply the law as it dealt with sex-specific protective state laws, industry practices and common sense notions of gender. The backlog of claims pressed the EEOC to narrow the definition of sex equality and turned to statistics in developing cases to be tested in the courts. Turk examines multiple legal cases, union and industry conflicts that shaped the limits of sex equality falling short of fundamental change for working class women. Title VII was a powerful weapon that weakened the sex division of labor but was unable to overturn the white, male, breadwinner standard.
Lilian Calles Barger, www.lilianbarger.com, is a cultural, intellectual and gender historian. Her current book project is entitled The World Come of Age: Religion, Intellectuals and the Challenge of Human Liberation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sarah Abrevaya Stein’s rich new book, Extraterritorial Dreams: European Citizenship, Sephardi Jews, and the Ottoman Twentieth Century (University of Chicago Press, 2016) takes readers on a global journey in search of late 19th and early 20th century Sephardi Jews with roots in the Ottoman Empire who sought citizenship within European nations for a variety of reasons, including socio-economic mobility and political refuge. While analyzing complex legal systems and the ways in which different nations viewed their extraterritorial subjects, Abrevaya Stein never loses site of the individual experiences of Jewish men and women. Indeed, by offering a series of case studies that range from Salonica during the Balkans War to 1930s Shanghai and Baghdad, she demonstrates how questions over citizenship and status were often determined by local politics and personalities and could lead to vastly different fates for these Jewish “proteges.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When I first read Foucault’s Discipline and Punish as an undergrad, I remember wondering, “What does this look like, though? How might the disciplining of the body play out in different places?” Greg Eghigian, author of The Corrigible and the Incorrigible: Science, Medicine, and the Convict in Twentieth-Century Germany (University of Michigan Press, 2015) and Associate Professor of History at Pennsylvania State University, answers that question and more about the evolution of incarceration in modern Germany. Eghigian’s background is in both German history and the history of science, and his expertise in the latter shines through as he explores discourses of criminality among professionals in the fields of psychology, psychiatry, sociology, criminology, and medicine. He has done extensive previous work on the understanding and treatment of madness in modern Europe, and shows that many of the same concerns that motivated physicians, psychoanalysts, and reformers in the emerging field of psychology occupied criminologists in twentieth-century Germany, as well. Perhaps most importantly, the book provides a chronicle of how carceral norms emerge and evolve, one particularly instructive for an America which currently imprisons nearly 2.5 million of its people. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anger is among the most familiar phenomena in our moral lives. It is common to think that anger is an appropriate, and sometimes morally required, emotional response to wrongdoing and injustice. In fact, our day-to-day lives are saturated with inducements not only to become angry, but to embrace the idea that anger is morally righteous. However, at the same time, were all familiar with the ways in which anger can go morally wrong. We know that anger can eat away at us; it can render us morally blind; it can engulf our entire lives. So one might wonder: What exactly is the point of anger?
In Anger and Forgiveness: Resentment, Generosity, Justice (Oxford University Press, 2016), Martha Nussbaum argues that, in its most familiar forms, anger is not only pointless, but morally confused and pernicious. Drawing lessons from the Stoics, Nelson Mandela, Gandhi, and Martin Luther King, Nussbaum advocates replacing anger with forms of generosity, friendship, justice, and kindness. She develops her critique of anger across the spectrum of human experience, from the intimate, to the interpersonal, and eventually the political. Along the way, she proposes important revisions to common ideas about punishment, justice, and social reform. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Myth of the Cultural Jew: Culture and Law in Jewish Tradition (Oxford University Press, 2015), Roberta Rosenthal Kwall, the Raymond P. Niro Professor of Intellectual Property Law at DePaul University College of Law, applies a cultural analysis framework to Jewish law, to show that Jewish culture has a grounding in Jewish law. The evolution of Jewish law is guided and shaped by human elements and shifting power dynamics. Kwall argues that both law and culture are necessary for forging meaningful Jewish identity. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her new book Laws of Image: Privacy and Publicity in America (Stanford Law Books, 2016), Samantha Barbas provides a history of Americans’ use of law to manage their public image. She approaches this endeavor from the perspective of a legal and cultural historian, tracking the correlation between a growing American image consciousness and the rise of laws, such as the tort of invasion of privacy and damages for emotional distress, which enabled individuals to control and defend their public persona. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I interview Kathleen J.P. Tabor, Esq. about a book she co-wrote with Jan I. Berlage, Maryland Equine Law: A Legal Guide to Horse Ownership and Activities (Go Dutch Publishing, 2011). Attorney Tabor describes how her practice as an Equine Lawyer brings her in touch with diverse areas of the law such as contract law, international law, and tort law. She also discusses how effective lawyering by attorneys who understand the horse industry help maintain positive relationships between and among equestrians.
Kathleen is a solo practitioner of the Law Office of Kathleen J.P. Tabor, LLC, a general civil practice with a special focus on agricultural and equine businesses, activities, and ownership. Her practice has taken her all across the State of Maryland. In addition to her legal training, Kathleen is a trained mediator and collaborative practitioner. A life-member of the Maryland Horse Council, Kathleen was recently elected to the Executive Committee of the Board of Directors. She also serves on the advisory board of Maryland Fund for Horses, Inc. She is a member of the Maryland Farm Bureau, the American Horse Council, American College of Equine Attorneys and the American Agricultural Law Association (to name a few). Kathleen currently serves as the Trade and Support Industries representative on the Maryland Horse Industry Board, appointed by the Governor in 2009. Kathleen is also founding member of the Agriculture Law Section and of the Animal Law Section of the Maryland State Bar Association. She serves as a mentor to UB Law students and to others interested in equine law and related activities. Among other speaking venues, she is a regular speaker at the Maryland Horse World Expo. She has authored articles on equine related legal and dispute resolution issues, authored MHCs Guide to County Zoning and Horses and along with Jan I. Berlage is co-author of the book, Maryland Equine Law: A Legal Guide to Horse Ownership and Activities.
Kathleen has had a life-long passion for horses. She is a pleasure rider, but also enjoys driving when the opportunity arises. She held a commercial carriage license driving Percherons and Belgians in the cities of Philadelphia and Baltimore and also held a pari-mutuel tellers license with the Maryland Jockey Club prior to law school. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
A lot has been going on in Myanmar in the last few years, and even people who are deeply familiar with the country have had trouble following and interpreting the many changes. Fortunately, Marie Lall’s new book, Understanding Reform in Myanmar: People and Society in the Wake of Military Rule (Hurst, 2016), brings the close attention to events of someone who has been intimately involved in efforts for reform in Myanmar together with an informed reading of how and why reforms have succeeded. Beginning her narrative in 2005, Lall describes how even in the period of unmediated military rule in the mid-to-late 2000s, people in Myanmar began to anticipate and act to effect changes that at the time were not easily discerned, yet which gave rise to conditions that enabled the more substantive changes of the 2010s. Closing with the overwhelming victory of the National League for Democracy in the 2015 general elections she offers a sober but optimistic view of the country’s current conditions and future prospects.
Marie Lall joins New Books in Southeast Asian Studies to discuss Myanmar’s resilient civil society, the peace process, educational reforms, the rise of Buddhist nationalism, and hopes for years to come.
Nick Cheesman is a fellow at the College of Asia and the Pacific, Australian National University. He can be reached at nick.cheesman@anu.edu.au Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sexual Abuse, Shonda and Concealment in Orthodox Jewish Communities (McFarland, 2014) analyzes how and why cases of child sexual abuse have been systematically concealed in Orthodox Jewish communities. The book (the first of its kind) thoroughly examines a number of recent cover-ups in detail, showing how denial, backlash against victims, and the manipulation of the secular justice system have placed Orthodox Jewish community leaders in the position of defending, protecting, and enabling child abusers. The book also examines the disappointing treatment of this issue in popular media, while dissecting the institutions that contribute to the cover-ups, including two–rabbinic courts and local Orthodox “patrols”–that are more or less unique to Orthodox Jewish communities. Finally, the book explores the cultural factors that have contributed to this tragedy, and concludes with hopes and proposals for future reform
Michael Lesher, a writer and a lawyer, has published a number of articles about child abuse and is co-author of a book on the American family court system’s poor record of protecting children. An Orthodox Jew, he has also published short fiction and poetry and lives in Passaic, New Jersey.
The second part of this interview can be listened to here.
Jasun Horsley is the author of Seen & Not Seen: Confessions of a Movie Autist and several other books on extra-consensual perceptions. He has a weekly podcast called The Liminalist: The Podcast Between and a blog. For more info, go to http://auticulture.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Unclean Lips: Obscenity, Jews, and American Culture (New York University Press, 2014), Josh Lambert, Academic Director of the Yiddish Book Center and Visiting Assistant Professor of English at UMass Amherst, explores the role of Jews in the history of obscenity in America. Through a series of case studies, he shows how Jews battled censorship as writers, editors, publishers, critics, and lawyers. In their engagements in battles over obscenity, Jews have played a previously underappreciated role in transforming American culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Working against the tendency to conflate the analytic categories “rule of law,” and “law and order,” Nick Cheesman’s Opposing the Rule of Law: How Myanmar’s Courts Make Law and Order (Cambridge University Press, 2015) makes a significant two-fold contribution, one as “the first serious attempt for half a century to situate Myanmar’s courts in its politics;” and the other, that rather than reproduce the binaried, linear thinking inherent to terms like “rule by law,” Cheesman exposes and repairs a significant conceptual weakness in rule of law scholarship through the analytic lens of law and order.
Martin Krygier writes, “Opposing the Rule of Law combines three elements rarely seen in one place: fine-grained, indeed masterly, unravelling of Myanmar criminal laws social and political history, character and significance; an original and sophisticated account of the rule of law and its enemies in Myanmar, generally, and in principle; and uncommonly fine prose. It is a tour de force, instructive–indeed illuminating–and a pleasure to read.” Eve Darian-Smith highlights the study’s rich empirical research and assesses the book as “an extraordinary achievement.” Engaging with Opposing the Rule of Law’scareful and nuanced analysis reveals that this praise, from leading scholars of rule of law, social theory, legal anthropology, and socio-legal studies, is well deserved.
Jothie Rajah is Research Professor at the American Bar Foundation, Chicago. She writes on rule of law discourses and can be reached at jrajah@abfn.org. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As a trailblazing attorney, Bessie Margolin lived a life of exceptional achievement. At a time when the legal profession consisted almost entirely of men, she earned the esteem of her colleagues and rose to become one of the most successful Supreme Court advocates of her era. Doing so, as Marlene Trestman demonstrates in Fair Labor Lawyer: The Remarkable Life of New Deal Attorney and Supreme Court Advocate Bessie Margolin (Louisiana State University Press, 2016), required overcoming not just the ingrained assumptions that men had towards professional women during that time but also the poverty of her early childhood and the loss of her mother when Margolin was only three years old. As Trestman reveals, Margolin exploited to the full the opportunities she was given as a ward of the Jewish Orphans Home in New Orleans, which provided her with a comfortable upbringing and a good education. From Newcomb College and Tulane University, Margolin went on to a fellowship at Yale University and a career in the federal government, which she began by participating in the defense of some of the most important laws to come out of President Franklin Roosevelt’s New Deal program and concluded by championing measures mandating equal pay and opposing age discrimination. And yet Trestman shows that for all of the sacrifices she made to establish a career for herself, Margolin did so on her own terms and in a way that many Americans can relate to today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Are solutions to marital problems always best solved through legal means? Should alternative dispute resolutions be celebrated? In her latest book The Trouble with Marriage: Feminists Confront Law and Violence in India (University of California Press, 2015) Srimati Basu answers such questions and many more through explorations of ‘lawyer free’ courts and questions surrounding understandings of domestic violence, analyses of the way rape intersects with marriage and how kinship systems change with legal disputes and by delineating the most important acts that frame marriage law in India. Theoretically and politically astute the book offers an ethnographic insight into legal sites of marriage trouble in India. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The landscape described in Bernard Harcourt‘s new book is a dystopia saturated by pleasure. We do not live in a drab Orwellian world, he writes. We live in a beautiful, colorful, stimulating, digital world a rich, bright world full of passion and jouissance–and by means of which we reveal ourselves and make ourselves virtually transparent to surveillance.
Exposed: Desire and Disobedience in the Digital Age (Harvard University Press, 2015) guides us through our new digital age, one that makes it so easy for others to monitor, profile, and shape our every desire. We are building what he calls the expository society a platform for unprecedented levels of exhibition, watching, and influence that is reconfiguring our political relations and reshaping our notions of what it means to be an individual.
Other actors from advertisers to government agencies can compile huge amounts of information about who we are and what we do. Whether they use it to recommend other products to buy or track our movements, Harcourt argues that the influence and interests of other actors is often hidden from us. Despite leaks of classified materials about the extent of this surveillance, public outrage is limited and mild. The scale of data collection and tracking is not a national let alone a global scandal.
According to Exposed, are appetites are too well satisfied and our attentions too distracted. Harcourt prods us to practice digital disobedience, lest we will remain in a digital mesh that will only continue to restrict our privacy and anonymity underneath its beautiful, shiny suit.
John Balz is Director of Strategy at VML, a full-service marketing agency with offices around the globe. He has spent his career applying behavioral science strategies in the marketing and advertising field through direct mail and email, display and .coms, mobile messaging, e-commerce and social media. You can follow him on Twitter @Nudgeblog and contact him at nudgeblog@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I talk with Mary Ziegler, Stearns Weaver Miller Professor of Law at Florida State University College of Law about her book, After Roe: The Lost History of the Abortion Debate (Harvard University Press, 2016).
Ziegler’s work revolves around Roe v. Wade and uses this landmark American abortion rights case to explore broad questions such as litigation as a vessel for social change and the role the court plays in democracy. To explore these questions, in addition to archival research Ziegler also did over one hundred oral histories. This method has allowed her to go beyond caricatures of people in the pro-life and anti-abortion camps and to delve deeply into their motivations and look at the angles they approached the abortion issue with great precision.
Roe is often seen as a cautionary tale for judicial intervention as described for example by both right leaning Supreme Court Justice Antonin Scalia and left leaning Justice Ruth Bader Ginzburg. Her research reveals, however, that much of the polarization that we’ve blamed on the Supreme Court had little to do with what the court said in Roe. She discusses how the bright line divide between the pro-life and pro-choice movements had not yet coalesced in the 1970s.
Some other topics we discuss are:
–Whether Roe prematurely ended debate about the meaning or scope of abortion rights
–The forces that brought together the political right and the pro-life movement
–Roe as a canvas onto which activists could project different strategic aims Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
First things first: Matthew H. Sommer‘s new book is an absolute must-read for anyone interested in the history of China and/or the history of gender. Based on 1200 legal cases from the central and local archives of the Qing dynasty, and focusing on the rural poor rather than the elite, Polyandry and Wife-Selling in Qing Dynasty China: Survival Strategies and Judicial Interventions (University of California Press, 2015) looks carefully at polyandry, wife sale, and a variety of intermediate practices that mobilized a woman’s sexual & reproductive labor to help support her family. In a series of chapters that use fascinating stories and documents to transform how we understand what constitutes Qing law, Sommer’s book compellingly argues for the impossibility of maintaining a clear-cut, binary distinction between sex work and marriage in the Qing. The records on which Sommer bases this magisterial account are full of stories that are themselves worth the price of admission, sensitively rendering the lives of husbands, wives, children, and their communities as they attempted to navigate difficult, complex, and moving circumstances. This is a book that will change not only how we understand marriage, gender, family, and sex in late imperial China, but also how we think about these and related concepts more broadly conceived. Highly recommended! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Peter K. Enns is the author of Incarceration Nation: How the United States Became the Most Punitive Democracy in the World (Cambridge University Press, 2016). Enns is Associate Professor in the Department of Government and Executive Director of the Roper Center for Public Opinion Research at Cornell University.
The rise of mass incarceration in the United States is one of the most critical outcomes of the last half-century. Incarceration Nation combines close analysis of Barry Goldwater and Richard Nixon’s presidential campaigns with 60 years of data analysis. In contrast to conventional wisdom, Enns shows that over this time period, politicians responded to an increasingly punitive public by pushing policy in a more punitive direction. The book also shows that media coverage of rising crime rates fueled the public’s attitudes. More recently, a decline in public punitiveness helps explain the current bipartisan calls for criminal justice reform. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In New Mexico, before World War Two, Catholic sisters in full habits routinely taught in public schools. In her fascinating new book, Religious Lessons: Catholic Sisters and the Captured Schools Crisis in New Mexico (Oxford University Press, 2012), Dr. Kathleen Holscher explores how this curious situation arose and how this partnership between public schools and female religious orders was brought to an end by the court case Zellers v. Huff. Through a sensitive and rich exploration of diverse sources, including trial transcripts and her own interviews, Holscher captures the complex ways people in New Mexico and the wider United States understood religious freedom and the proper relationship between church and state while constructing a fascinating and ultimately moving narrative of division and reconciliation. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Douglas Clark’s new Gunboat Justice: British and American Law Courts in China and Japan (1842-1943) (Earnshaw Books Limited, 2016) is a three-volume study of extraterritoriality and its transnational histories as it shaped modern China and Japan. Clark is both historian and master storyteller in this work, crafting a study moves readers chronologically through a story of extraterritoriality from the middle of the nineteenth century through the middle of the twentieth, while introducing some amazing figures and characters along the way. (Keep a lookout, readers, for the “man’s man” who meets a ghost and asks it if it’s drunk.) Clark pays special attention to analyzing the very different results of the impact of extraterritoriality in Japan and China. Enjoy!
Carla Nappi is Associate Professor of History at the University of British Columbia. Her research and writing concern the histories of science, medicine, materiality, and their translations in early modern China. You can find out more about her work by visiting www.carlanappi.com. She can be reach at carlanappi@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Stereotypes should always be viewed with skepticism. That said, when we consider Jewish kids from Brooklyn we ordinarily think of well-behaved, studious types on their way to “good schools” and professions of one sort or another. Rude boys roving the streets of New York seeking to “cleanse” the city by assaulting and even killing “bums” do not readily come to mind. Yet there were such Jewish thugs in the 1950s. Mariah Adin tells their tale in her wonderful book The Brooklyn Thrill-Kill Gang and the Great Comic Book Scare of the 1950s (Praeger, 2014).
In the summer of 1954, the Brooklyn “Thrill Killers” murdered two men and tortured several others. All of the victims were essentially indigent men. After the boys were captured, it was discovered that their leader, troubled teenager Robert Tractenberg, was fascinated with the Nazis. Not only that, he was a big fan of violent horror comic books, some of which contained avenging characters. These facts led investigators to believe that the message found in the comics influenced the Thrill Killers’ violent mission and methods. In other words, the violent comics were corrupting youth and were, perhaps, at the root of a perceived national upsurge in “juvenile delinquency.” If this were true, then some sort of censorship might be in order. But what of constitutional considerations? Listen in and learn how it all played out. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Parsis, also known as Zoroastrians, were deeply entwined with the colonial legal system of British India and Burma, far beyond what one might expect from their relativity small numbers. Mitra Sharafi, in her wonderful new book Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014), explores this anomaly and how – as legislators, lawyers, litigants, judges and lobbyists – they managed to maintain the contours of their distinctive ethno-religious community. With fascinating legal cases, lively personalties and a deep discussion of how identity and litigation interact, Law and Identity in Colonial South Asia is a compelling and engaging account of a community with a unique and intriguing relationship with colonial rule. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Richard L. Hasen has written Plutocrats United: Campaign Money, the Supreme Court, and the Distortion of American Elections (Yale University Press, 2016). Hasen is Chancellor’s Professor of Law and Political Science at the University of California, Irvine.
In the midst of the most expensive presidential contest in U.S. history, is money buying access and influence? Are super PACs corrupting the democratic process? Or are eager supporter simply exercising their First Amendment rights? In Plutocrats United, Hasen argues that these may be the wrong questions and the long-standing debate between corruption and free speech – so long a part of constitutional discussions of the issues – is in need of an overhaul. Instead, he suggests that a renewed focus on political equality could reshape the way the country and the Supreme Court considered the role of money in politics. Hasen makes specific policy recommendations for what a new campaign finance regime might look like, and why this new approach would advance the democracy as well as the principle of political equality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
After World War II, the newly formed United Nations and what might be called a global community of nations that included the United States, worked to create a more extensive code of international law. The urge stemmed from the events of World War II, including the atrocities of the war that resulted in war crimes trials and tribunals afterward. The new effort included a move to implement new enforcement mechanisms and insure that the agreed upon international standards were upheld and violators punished. During this same period, the United States military significantly expanded its global presence. Throughout the Cold War and after, U.S. troops were stationed at bases in more countries than ever before, which each required Status of Forces Agreements laying out, among other things, jurisdiction over U.S. troops. This increased global presence also meant more American soldiers, and in some cases civilians accompanying the military for various reasons, were in the position to violate these international standards. Yet, despite a prominent role in spreading universal standards of international law, U.S. policymakers strongly resisted any compromise to U.S sovereignty in upholding these laws.
Patrick Hagopian, senior lecturer in History and American Studies at Lancaster University, has a new book, American Immunity: War Crime and the Limits of International Law (University of Massachusetts Press, 2013) that looks at the relationship between the United States and war crimes jurisdictional questions. He discusses how not only did U.S. policymakers refuse to allow Americans to be prosecuted by international tribunals, but also U.S. courts failed to uphold international standards of justice. Policymakers felt that territorial and practical limitations placed acts committed abroad beyond the jurisdiction of civilian courts, while the Supreme Court decided veterans and civilians could not be court-martialed. This left a jurisdictional gap that existed for much of the postwar period. Though the My Lai massacre brought the gap into particular focus, Congress still failed to close it. This new book explains jurisdictional issues and the failure of American policymakers to adequately remedy. In this episode, we discuss the legal problem, the book’s insights as to their cause, and some of the (often failed) attempts to close the gap. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It seems obvious that children need to be loved, that having a loving home and upbringing is essential to a child’s emotional and cognitive development. It is also obvious that, under typical circumstances at least, for every child there are adults who should love them. It is perhaps not surprising, then, that many national and international charters and declarations specifically ascribe to children a right to be loved. But the idea that children have a right to be loved seems philosophically suspicious. Questions arise almost instantly: Could there be right to be loved? Could children hold such a right? To whom does the correlate duty to love a child fall? What would such a duty require? One might also begin to wonder: What are the implications of such a right for family, parenting, child-rearing, and adoption?
In The Right to be Loved (Oxford University Press, 2015), S. Matthew Liao works carefully and systematically through all of these questions in providing a compelling defense of the idea that children indeed have a right to be loved. This is a fascinating book with a bold thesis. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anthony Maniscalco is the author of Public Spaces, Marketplaces, and the Constitution: Shopping Malls and the First Amendment (SUNY Press, 2015). Maniscalco is the director of the Edward T. Rogowsky Internship Program in Government and Public Affairs at the City University of New York.
What can you say in a shopping mall? Maniscalco finds not that much, or at least not as much as you were in the past. Public Spaces traces the legal history of how the courts have interpreted balanced the property rights of shopping place owners with the first amendment rights of patrons. The book offers a new vision for how public spaces might be reimagined to re-emphasize public debate and discussion in shopping malls and places of commerce. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In her shining new book Sexual Violation in Islamic Law: Substance, Evidence, and Procedure (Cambridge University Press, 2015), Hina Azam, Assistant Professor of Middle Eastern Studies at the University of Texas-Austin, explores the diversity and complexity of pre-modern Muslim legal discourses on rape and sexual violation. The reader of this book is treated to a thorough and delightful analysis of the range of attitudes, assumptions, and hermeneutical operations that mark the Muslim legal tradition on the question of sexual violation. Indeed, the most remarkable aspect of this book is the way it showcases the staggering range and diversity of approaches to defining and adjudicating rape that populate the Muslim legal tradition. Focusing primarily on the Maliki and Hanafi schools of law, Azam convincingly demonstrates that Muslim legal discourses on rape were animated and informed by competing ways of imagining broader categories such as sovereignty, agency, property, and rights. In our conversation, we talked about problems of translation involved in using the category of rape in relation to pre-modern discursive archives, proprietary and theocentric approaches to sexual ethics in medieval Islam, the differences between the Maliki and Hanafi school on defining and punishing male-female rape, and the implications and significance of this study to the contemporary legal landscape in Muslim societies. This meticulously researched and lucidly written book will be of much interest to students of Islam, Islamic Law, Gender and Sexuality, and Muslim intellectual history. It will also make a great contribution to upper level undergraduate and graduate seminars on these topics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Historic Preservation in a Nutshell (West Academic Publishing, 2014), co-authored by Sara Bronin and Ryan Rowberry provides the first-ever in-depth summary of historic preservation law within its local, state, tribal, federal, and international contexts. Historic Preservation is a burgeoning area of law that includes aspects of property, land use, environmental, constitutional, cultural resources, international, and Native American law. This book covers the primary federal statutes, and many facets of state statutes, dealing with the protection and preservation of historic resources. It also includes key topics like the designation process, federal agency obligations, local regulation, takings and other constitutional concerns, and real estate development issues.
Some of the topics we cover are:
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How the most enduring historic preservation laws manage to achieve protective aims while balancing a range of other values
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The four primary methods of advancing the goals of the preservation movement.
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The constitutional constraints on historic preservation laws
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The ways historic preservation laws interact with Indian tribes and how they can be used to preserve native heritage
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How can a perspective on Islamic law and jurisprudence be constructed responding to the lives and practices of diasporic Muslims while remaining deeply grounded in the foundational texts of the religion? In The Islamic Worldview: Islamic Jurisprudence–An American Muslim Perspective, Volume One, feminist philosopher and legal scholar Azizah al-Hibri (Univ. of Richmond Law School) engages in precisely this task. Providing an overview of the central sources and methods of law and jurisprudence in the Islamic tradition, al-Hibri elaborates what she calls the “Islamic worldview,” based in principles of harmony, equality, and justice. This guides her work to engage in sustained textual analysis of passages from the Qu’ran and hadith and to think through questions of gender, the family, and politics in Islam.
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Kerry Eleveld is the author of Don’t Tell Me to Wait: How the Fight for Gay Rights Changed America and Transformed Obama’s Presidency (Basic Books, 2015). Eleveld is a writer for DailyKos and a former reporter for The Advocate.
We have all begun to write the histories of the Obama presidency, noting various accomplishments and failures. One of the most remarkable areas of accomplishment and change was the President’s transformation on gay rights. From a campaign that stumbled on the issue to a much bolder stance on don’t-ask-don’t-tell, DOMA, and other policies, the Obama White House was changed by gay rights and, in turn, changed America. According to Kerry Eleveld, he didn’t do this on his own. An assortment of advocates, activists, and bloggers pressured the White House to move gay rights issues from the edge his agenda. In Don’t Tell Me To Wait, Eleveld recounts this transformation as one of the reporters covering the President up-close. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ruben Flores is an associate professor of American Studies at the University of Kansas. His book Backroads Pragmatists: Mexico’s Melting Pot and Civil Rights in the United States (University of Pennsylvania Press, 2014) is the winner of the 2015 book award of the Society for U.S. Intellectual History. Flores recast the long U.S. civil rights movement by framing it within the exchange of ideas between Mexican and U.S. pragmatists. In a thoroughly research transnational history he demonstrates how post-revolutionary Mexican reformers adopted John Dewey’s pragmatism and Franz Boas’s cultural relativism in fostering assimilation of diverse native people into a pan-ethnic republic. Mexican educators Moises Saenzand Rafael Ramirez both studied under Dewey at Columbia University and were eager to apply his philosophy at home. In turn, U.S. reformers looked to Mexico’s scientific state as a living laboratory and a model for assimilating native people and Hispanics of the southwest, and blacks in the south into the “beloved community.” American educator George I. Sanchez, the psychologist Loyd Tireman, and the anthropologist Ralph L. Beals applied what they learned from Mexico’s three-tiered rural education program, administrative structure, and the concept of the Mexican “melting pot” to post-world war II school desegregation and civil rights battles in the U.S. As radical liberals, they believed in the power of government and education embodied in Mexico as effective in fostering cross-ethnic cooperation and a common vision. Flores has skillfully demonstrated how “backroads” intellectuals with a mutual desire for national unity and the preservation of local difference, along with a pragmatic belief in the connection between thought and action, crossed borders and fueled civil rights gains in the U.S. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In the first legal history course I took as an undergraduate, I read Lawrence M. Friedman‘s A History of American Law and American Law in the 20th Century and have been fascinated with the subject ever since. His most recent work, The Big Trial: Law as Public Spectacle (University Press of Kansas, 2015) combines the scintillating narrative style that he employs as the author of several mystery novels with the keen insights about law and society that he has revealed time and again in his numerous cornerstone works of legal scholarship.
Per the book jacket, “The trial of O. J. Simpson was a sensation, avidly followed by millions of people, but it was also, in a sense, nothing new. One hundred years earlier the Lizzie Borden trial had held the nation in thrall. The names (and the crimes) may change, but the appeal is enduring–and why this is, how it works, and what it means are what Lawrence Friedman investigates in The Big Trial.
What is it about these cases that captures the public imagination? Are the “headline trials” of our period different from those of a century or two ago? And what do we learn from them, about the nature of our society, past and present? To get a clearer picture, Friedman first identifies what certain headline trials have in common, then considers particular cases within each grouping. The political trial, for instance, embraces treason and spying, dissenters and radicals, and, to varying degrees, corruption and fraud. Celebrity trials involve the famous–whether victims, as in the case of Charles Manson, or defendants as disparate as Fatty Arbuckle and William Kennedy Smith–but certain high-profile cases, such as those Friedman categorizes as tabloid trials, can also create celebrities. The fascination of whodunit trials can be found in the mystery surrounding the case: Are we sure about O. J. Simpson? What about Claus von Bulow–tried, in another sensational case, for sending his wife into a coma? An especially interesting type of case Friedman groups under the rubric worm in the bud. These are cases, such as that of Lizzie Borden, that seem to put society itself on trial; they raise fundamental social questions and often suggest hidden and secret pathologies. And finally, a small but important group of cases proceed from moral panic, the Salem witchcraft trials being the classic instance, though Friedman also considers recent examples.
Though they might differ in significant ways, these types of trials also have important similarities. Most notably, they invariably raise questions about identity (Who is this defendant? A villain? An innocent unfairly accused?). And in this respect, The Big Trial shows us, the headline trial reflects a critical aspect of modern society. Reaching across the nineteenth and twentieth centuries to the latest outrage, from congressional hearings to lynching and vigilante justice to public punishment, from Dr. Sam Sheppard (the “fugitive”) to Jeffrey Dahmer (the “cannibal”), The Rosenbergs to Timothy McVeigh, the book presents a complex picture of headline trials as displays of power–moments of “didactic theater”” that demonstrate in one way or another whether a society is fair, whom it protects, and whose interest it serves.”
Some of the topics we cover are: (1) Classifications of the different types of headline trials; (2) How telling the story of headline trials also tells the story of the rise of mass media; (3) Why big trials are considered didactic theater. (4) The effect the familiarity we now have with celebrities has upon the trials that involve them.
Lawrence Friedman is Marion Rice Kirkwood Professor of Law at Stanford Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
There has been a lot of talk in the United States recently about same-sex marriage. One obvious question is sociological: What are the implications of marriage equality for the longstanding social institution of marriage? But there are philosophical questions as well. What is the purpose of marriage? What are the goods that marriage helps individuals realize? Once marriage is no longer understood to be restricted to heterosexual couples, must we then question whether it should be restricted to couples? Why not recognize plural marital arrangements? Why should there be a civil institution of marriage at all?
In Just Married: Same-Sex Couples, Monogamy, and the Future of Marriage (Princeton University Press, 2015), Stephen Macedo explores a range of philosophical, moral, and legal issues pertaining to marriage. He argues that, as a matter of justice, marriage rights must be extended to same-sex couples. But he also argues that marriage as an institution should be restricted to monogamous couples. Along the way, Macedo engages with opponents across the political spectrum, from Natural Law theorists who contend that marriage is intrinsically a heterosexual relation to contemporary feminist philosophers who argue for expanding marriage to encompass plural networks of care. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Valuation is a central question in contemporary social science. Indeed the question of value has a range of academic projects associated with it, whether in terms of specific questions or in terms of emerging fora for academic publications. In Value Practices in the Life Sciences and Medicine (Oxford University Press, 2015), Isabelle Dussauge, Claes-Fredrik Helgesson, and Francis Lee bring together a range of authors to outline a new research programme. Alongside individual essays that range from the allocation of transplant organs, questions of plagiarism in science, the ownership of generically modified organisms though to desire and neuroscience, the book points to a new way to think through questions of valuation. As a result its importance moves beyond an STS audience to establish value practices as a vital framework for understanding contemporary life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Second Formation of Islamic Law: The Hanafi School in the Early Modern Ottoman Empire (Cambridge UP, 2015) is a new contribution to the study of Islam and more specifically to the history of Islamic Law and its development. Guy Burak, Middle Eastern and Islamic Studies librarian at New York University, explores the Ottomans’ adoption of one branch of the Hanafi legal tradition as the official school (madhhab) of the dynasty. The period of time in which this process occurred was during the 15th to 18th centuries, and Burak focuses on the lands of Greater Syria. What Burak seeks to illustrate is that through the adoption of an official school of law, the Ottoman hierarchy played a significant role in how the school of law was shaped. Examples Burak provides to demonstrate this phenomenon are the institutionalization of the position of mufti, the formalization of genealogical literature (tabaqat), and the canonization process of books essential to the school. In addition to examining the propagators of official Ottoman positions, Burak also examines how scholars not part of the Ottoman mainstream branch functioned and responded to these changes. Overall, this work represents and important contribution to the study of Islam, the history of Islamic Law, and Ottoman Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“America is a nation of immigrants.” Either this common refrain, or its cousin the “melting pot” metaphor is repeated daily in conversations at various levels of U.S. society. Be it in the private or public realm, these notions promote a compelling image of national inclusivity that appears not to be limited to particular notions of race, religious affiliation, gender, or national origin. Indeed, generations of American writers–like J. Hector St. John Crevecoeur, Ralph Waldo Emerson, Israel Zangwill, Emma Lazarus, and Oscar Handlin–have embedded America’s immigrant past into the collective psyche of its people and the epic telling of its history. Yet, as scholars of U.S. immigration history have asserted over the past few decades, the “nation of immigrants” narrative is blinded by both its singular focus on trans-Atlantic European migration and the presumption of immigrant assimilation and incorporation to Anglo American institutions and cultural norms. In her fascinating new study How Race is Made in America: Immigration, Citizenship, and the Historical Power of Racial Scripts (University of California Press, 2014) Professor of History and Urban Studies at UC San Diego Natalia Molina advances the study of U.S. immigration history and race relations by connecting the themes of race and citizenship in the construction of American racial categories. Using archival records held by the Immigration and Naturalization Service (INS), the U.S. Congress, local governments, and immigrant rights groups, Dr. Molina examines the period of Mexican immigration to the U.S. from 1924-1965. Employing a relational lens to her study, Professor Molina advances the theory of racial scripts to describe how ideas about Mexicans and Mexican immigration have been fashioned out of preexisting racial projects that sought to exclude African Americans and Asian immigrants from acquiring the full benefits of American citizenship. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Christine Desan, teaches about the international monetary system, the constitutional law of money, constitutional history, political economy, and legal theory at Harvard Law School. In this podcast we discuss her new book, Making Money: Coin, Currency, and the Coming of Capitalism (Oxford University Press, 2015).
Per the books jacket, “Money travels the modern world in disguise. It looks like a convention of human exchange – a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself – along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it. One particularly dramatic transformation in money’s design brought capitalism to England. For centuries, the English government monopolized money’s creation. The Crown sold people coin for a fee in exchange for silver and gold. “Commodity money” was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard – all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money’s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.”
Some of the topics we cover are:
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How the work’s assertion that money is a mode of governance in a material world undermines claims in economics about money’s neutrality.
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The “free minting” system and why legal enforcement was essential to it.
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The radical redesign of money that began in the 17th century.
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When we study the history of a famous scientific figure – especially one that has gone on to become a cultural icon – we are dealing not just with a person, but also with an identity or series of identities that have been constructed over time. Eva Hemmungs Wirten‘s new book looks carefully at the work that has gone into the making of Marie Curie (1867-1934) as an individual, a celebrity, an icon, and ultimately a brand. Three motifs that thread through the narrative of Making Marie Curie: Intellectual Property and Celebrity Culture in an Age of Information (University of Chicago Press, 2015), and they each form the basis for one of its chapters: the impact of intellectual property on science and research; the role of celebrity culture in shaping the image of the scientist; and the “question of how to organize scientific information as part of the modern infrastructure of knowledge.” It’s a compellingly argued book that’s also a pleasure to read.
For videos of two of the duels discussed in the book, check out the following links!:
https://www.youtube.com/watch?v=4QlUw1k0ItE
https://www.youtube.com/watch?v=rElNQuBvFeQ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Barak Kushner‘s new book considers what happened in the wake of Japan’s surrender, looking closely at diplomatic and military efforts to bring “Japanese imperial behavior” to justice. Men to Devils, Devils to Men: Japanese War Crimes and Chinese Justice (Harvard University Press, 2015) focuses on the aftermath of the Japanese war crimes, asking a number of important questions: “How did the Chinese legally deal with Japanese war crimes?” and “What were the Japanese responses, and [how] did these processes shape early Cold War Sino-Japanese relations?” Two ways of reconsidering history shape the study. First, Kushner reframes Japan as a decolonizing empire, not just a defeated country. At the same time, he looks at the “shifting landscape of the concept of law in East Asia” and its impact on relations in the region during this period, especially in terms of international law and associated notions of accountability. These two broad historiographical re-orientations motivate an extraordinarily thoughtful and detailed treatment of the ways that conflict between the KMT and the CCP, and relations of both with other global powers, shaped the notion and history of war crimes trials. It’s a clearly written and compellingly argued account that’s also a pleasure to read!
To hear our conversation about Barak’s previous book Slurp!: A Social and Culinary History of Ramen – Japan’s Favorite Noodle Soup, see here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I talk with Laura F. Edwards, Peabody Family Professor of History at Duke University about her book, A Legal History of the Civil War and Reconstruction: A Nation of Rights (Cambridge University Press 2015).
Per the book’s introduction, “[a]lthough hundreds of thousands of people died fighting in the Civil War, perhaps the war’s biggest casualty was the nation’s legal order. A Legal History of the Civil War and Reconstruction explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction Amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering American’s relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated. Ultimately, Laura F. Edwards argues, this new nation of rights offered up promises that would prove difficult to sustain.”
Some of the topics we cover are:
–The way, in the lead up to the Civil War, all arguments came back to the Constitution.
–How wartime policies in both the Confederacy and the states that remained in the Union fundamentally remade the –legal authority of the nation.
–Why the Confederacy’s legal order was at odds with its stated governing principles.
–Popular conceptions of Reconstruction-era legal change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
David George Surdham is the author of The Big Leagues Go to Washington: Congress and Sports Antitrust, 1951-1989 (University of Illinois Press, 2015). Surdham is Associate Professor of Economics at Northern Iowa University.
Just back from the Major League Baseball All-Star break, Surdham has written a book for sports lovers. Why do major league sports receive such preferential treatment from Congress? And what does this have to do with labor and economic development policy? Surdham examines Congressional hearings held over decades to figure out how Washington’s role in professional sports has changed over since the 1950s. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
As patterns of religiosity have changed in the United States, chaplains have come to occupy an increasingly important place in the nation’s public institutions, especially its prisons, hospitals and military. In her newest book, A Ministry of Presence: Chaplaincy, Spiritual Care and the Law (University of Chicago Press, 2014), Winnifred F. Sullivan offers a comprehensive study of contemporary chaplaincy, paying particular attention to how it sits at the intersection of law, government regulation, and spiritual care. She shows how much this ubiquitous but often invisible institution can tell us about religion in the US today, and moreover the role that law plays in structuring American ideas about, and experience of, religion.
Winnifred F. Sullivan is Professor and Chair of the Department of Religious Studies, and Affiliate Professor in the Maurer School of Law at Indiana University Bloomington. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Clare Virginia Eby is a professor of English at the University of Connecticut. In Until Choice Do Us Part: Marriage Reform in the Progressive Era (University of Chicago Press, 2014), Eby examines the origins of how we think of marriage through the theoretical and experimental reform of the institution in... Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
During the early twentieth century, Yemeni Jews operated within a legal structure that defined them as dhimmi, that is, non-Muslims living as a protected population under the sovereignty of an Islamic state. In exchange for the payment of a poll tax, the jizya, and the acknowledged of supremacy of Islam, their lives and property were to be inviolable. Although this framework burdened Jews with some legal disadvantages, for example a Muslim’s witness testimony was worth double that of a Jew’s in court, it allowed for the integration of Jews into Yemen’s complex hierarchical social structure, and not always at the bottom of that structure.
Mark S. Wagner’s book Jews and Islamic Law in Early 20th-Century Yemen (Indiana University Press, 2015) examines how Jews negotiated this Islamic legal system, both in shariah courts and in extralegal settings. Wagner employs numerous Arabic and Hebrew sources, particularly the memoirs of prominent Yemeni Jews such as Salim Said al-Jamal, Salih al-Zahiri, Salim Mansurah, and others, and the primary document collections they have preserved. Through their first-hand accounts, anecdotes, and archives, Wagner interrogates how the Yemeni Jewish elite understood its social and political position in Yemen. These men used their knowledge of Arabic and Islamic law, and their status as intermediaries between the state authorities and the Jewish community, to preserve their own positions and to benefit other members of the Jewish community. Wagner’s work deepens our understanding of Muslim-Jewish relations in Yemen and the place of non-Muslims in Islamic law in general. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I discuss Profit Motive: The Salary Revolution in American Government, 1780-1940 (Yale University Press, 2013) with author Nicholas R. Parrillo, professor of law at Yale University. Parrillo’s book was winner of the 2014 Law and Society Association James Willard Hurst Book Prize and the 2014 Annual Scholarship Award from the American Bar Association’s Section on Administrative Law. Per the book jacket, “in America today, a public official’s lawful income consists of a salary. But until a century ago, the law frequently provided for officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a percentage of each evasion uncovered. Naval officers took a reward for each ship sunk. Numerous other officers were likewise paid for ‘performance.’ This book is the first to document the American government’s for-profit past, to discover how profit-seeking defined officialdom’srelationship to the citizenry, and to explain how lawmakers–by ultimately banishing the profit motive in favor of the salary–transformed that relationship forever.” Parrillo’s intricate analysis adds nuance to the American story of government compensation and explains why government officials made money in ways that today would be deemed necessarily corrupt. Some of the topics we cover are: –The ways American lawmakers made the absence of a profit motive a defining feature of government –The two non-salary forms of payment for government officials that initially predominated in the US –How these two forms of payment tended to give rise to very different social relationships between officials and the people with whom they dealt –Why the flight to salaries was an admission of law’s weakness and failure Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Recently, there have been various debates within the Muslim community over women’s mosque attendance. While contemporary questions of modern society structure current conversations, this question, ‘may a Muslim woman go to the mosque,’ is not a new one. In Women in the Mosque: A History of Legal Thought and Social Practice (Columbia University Press, 2014), Marion Holmes Katz, Professor of Islamic Studies at New York University, traces the juristic debates around women’s mosque attendance. Katz outlines the various arguments, caveats, and positions of legal scholars in the major schools of law and demonstrates that despite some differing opinions there was generally a downward progression towards gendered exclusion in mosques. were engaged in at the mosque, the time of day, the permission of their husbands or guardians, attire, and the multitude of conditions that needed to be met. Later interpreters feared women’s presence in the mosque because they argued it stirred sexual temptation. Katz pairs these legal discourses with evidence of women’s social practice in the Middle East and North Africa from the earliest historical accounts through the Ottoman period. In our conversation we discuss types of mosque actdivities, Mamluk Cairo, women’s educational participation, the Aqsa Mosque in Jerusalem, the transmission of knowledge, European travelers accounts of Muslim women, night prayers, mosque construction, debates about the mosque in Mecca, and modern developments in legal discussions during the 20th century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
That privacy in the digital age is an important concept to be discussed is axiomatic. Cameras in mobile phones make it easy to record events and post them on the web. Consumers post an enormous amount of information on social media sites. And much of this information is made publicly available. A common question, then, is what can people truly expect to be be private when so much information is accessible. In his new book Privacy in the New Media Age (University Press of Florida 2015), Jon L. Mills (University of Florida, Levin College of Law), discusses another issue related to privacy in the digital environment: the conflict between privacy and freedom of expression. In so doing, Mills examines how the law, particularly in the United States, is always chasing advances in technology, and discusses how countries in the European Union have attempted to tackle this matter. Throughout the book he discusses famous court cases that illustrate the issues with privacy and new media in an attempt to come to a resolution for the dispute.
Just listen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In their new book Happiness and the Law (University of Chicago Press 2014), John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur argue through the use of hedonic psychological data that we should consider happiness when determining the best ways to effectuate law. In this podcast Buccafusco, Associate Professor of Law and Co-Director of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology Chicago-Kent College, shares some of the following aspects of the book:
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How hedonic psychology measures human happiness and some of the things these studies have revealed
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The author’s new approach to evaluating laws called “well-being analysis”
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Ways the new data on happiness has revealed a need to rethink criminal punishment
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What the future holds for happiness research
Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In this podcast I talk to Kirt von Daacke about his 2012 work, Freedom Has a Face:Race, Identity, and Community in Jefferson’s Virginia (University of Virginia Press, 2012). Professor von Daacke is Associate Professor of History and Assistant Dean in the College of Arts and Sciences at the University of Virginia. In this interview a few topics we discuss are:
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Sources and methods for piecing together a picture of life in Albemarle County and the use of legal documents as a window into a past society
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The relationship between law on the books and the actual behavior of the inhabitants of Albemarle County
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Free people of color’s experiences with the legal system
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The possibilities and the pitfalls awaiting unmarried women of color in the rural antebellum South
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Some implications of Freedom Has a Face for future work on African American history
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Leigh Ann Wheeler is professor of history at Binghamton University. Her book How Sex Became a Civil Liberty (Oxford University Press, 2013), examines the role of the American Civil Liberties Union in establishing sexual rights as grounded in the U.S. constitution. Wheeler begins in the bohemian New York with the personal biographies of individuals who established the ACLU for the protection of anti-government speech. Early ACLU leaders displayed sexual proclivities and outlooks outside the mainstream. Beginning with obscenity laws that hampered the distribution of contraceptives and birth control information, the ACLU legally pursued sexual practice, expression, and the right to privacy as civil liberties. Presenting their own clients, building collisions with advocacy groups, providing legal briefs to decision makers, directing activism, and influencing public opinion, the ACLU brought about change in a wide array of laws that restrained and criminalized sexual behavior and expression. This was not a smooth process of advancement. The implications of class, race, and gender created conflicts, contradictions, and ironies in establishing the sexual rights of individuals against the contrary rights of others and communities to unwanted sex and sexual content. As blacks and women entered the ranks of the ACLU in the 1960s and 70s they brought new conflicts within the sexual rights agenda. Reproductive freedom, rape shield laws, homosexual rights, and the rights of profit-seeking pornographers are some of the many issues of ACLU advocacy. While seeking to build a privacy wall around sexual expression and practice, sexual rights advocacy contributed to the current cultural saturation with sexual images and messages blurring the lines between public and private. Wheeler has provided a thoroughly researched, complex, and compelling history of how issues surrounding sexuality became recognized as civil liberties guaranteed by the constitution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Professor Robert P. Burns of Northwestern University School of Law offers an insightful critique of the modern American criminal justice system in his new work Kafka’s Law: ‘The Trial’ and American Criminal Justice (University of Chicago Press 2014). This interview explores the characteristics of Kafka’s “Law” and exposes where and how these characteristics exist within the American criminal justice system.
Burns leads us through the absurd regime The Trial‘s protagonist must navigate after he finds himself accused of an unknown crime. Kafka’s dystopian law is unknowable, ubiquitous, overly bureaucratic and yet overly informal. In the story’s world the law functions like God and guilt is inevitable. These legal characteristics may appear to be part of an absurd dystopian fantasy world derived from the same wild imagination that produced a story in which a man metamorphoses into a bug. However, we learn in the second half of the interview that the dystopian themes in The Trial capture a present-day reality for many who are accused of crimes in America.
Burns’s work exposing Kafkaesque aspects of our legal system and his search to find the most effective means of remedying these situations is vastly important to the societal goal of narrowing the gap between justice and law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is generally accepted that lying is morally prohibited. But theorists divide over the nature of lying’s wrongness, and thus there is disagreement over when the prohibition might be outweighed by competing moral norms.There is also widespread agreement over the idea that promises made under conditions of coercion or duress lack the moral force to create obligations. Finally, although free speech is widely seen as a primary value and right, there is an ongoing debate over the kind of good that free speech is. In Speech Matters: On Lying, Morality, and the Law (Princeton University Press, 2014), Seana Shiffrin ties these issues together, advancing a powerful argument regarding the central role that sincerity and truthfulness play in our individual and collective moral lives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
This year we celebrate the fiftieth anniversary of the Voting Rights Act, a legal revolution with far-reaching cultural, political, and economic import. But as J. Douglas Smith argues in On Democracy’s Doorstep: The Inside Story of How the Supreme Court Brought “One Person, One Vote” to the United States (Hill and Wang, 2014),the early 1960s witnessed a comparable sea change in voting law that deserves far more attention. Indeed, when journalists asked Earl Warren what he regarded as the Supreme Court’s most important accomplishment under his tenure, the Chief Justice — who oversaw a series of landmark cases, from Brown to Miranda –– did not hesitate to answer: Baker v. Carr and Reynolds v. Sims. Few Americans today could identify and explain what these rulings did. But as Smith explains, they represented a dramatic break with a long-reigning electoral system that now feels almost unimaginable.
America is exceptional among modern democracies for elevating the idea of unequal representation to a theory of”checks and balances;” the Senate being the most obvious example (California, with more people than the twenty-one least-populous states combined, has as tiny a fraction of the power in Congress). Yet the situation was far worse before the Court’s forgotten revolution, with state legislatures across the country effectively disfranchising voters on a mass scale. Los Angeles County, with more than 6 million residents in 1960, had just one state senator. Three nearby counties, with less than 15,000 voters, each had the same.
Many have argued that these facts have been inconsequential to U.S. political history, a very counterintuitive notion if so. But the early twentieth century politicians who relied on the inflation of rural and small-town districts — some of whom numbered among the most powerful arbiters of legislation and debate in Washington — certainly did not share this view. In reaction to the Court’s decisions, Everett Dirksen, the Republican Minority Leader in the legendary 89th Congress, hired the consulting firm Whitaker and Baxter, widely thought to have pioneered modern campaigning, to repeal or roll back the rulings. Dozens of states lined up, with enormous funding from the nation’s biggest corporations. The group even considered a Constitutional Convention, what would have been the first since 1789. Those efforts failed. But in the wake of this half-realized democratization, legislatures underwent dramatic political change. Notably, they also turned to gerrymandering and increasing reliance on the filibuster.
Dubbed by the Washington Post one of the notable works of the year, Smith’s book is well worth your read. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Commercial interests are often understood as impinging upon the ethical norms of medicine. In his new book, Medical Monopoly: Intellectual Property Rights and the Origins of the Modern Pharmaceutical Industry (University of Chicago Press, 2013), Joe Gabriel shows how the modernization of American medicine was bound up in the ownership, manufacture, and marketing of drugs. Gabriel unearths the early history of intellectual property concerns as they entered the domain of medical practice itself. Through his careful marshaling of evidence, he takes readers back to a time when the norms and legal structures of commercial capitalism in the U.S. were just as much at issue as those of the professionalization of medicine. This fascinating book serves as a pointed reminder that the sources of therapeutic rationale are just as much tied to the production and regulation of therapies as the collective decision-making on ethical practice. Along with my previous interview with Jeremy Greene, this discussion will hopefully make accessible a broad perspective on the development of medicine in the 20th century by focusing on its ties to industry.
Medical Monopoly charts the history of property rights over medicines at the dawn of the 19th century through World War I. The important broader transition here is that while before the Civil War–at least in medicine–patents were seen as tantamount to granting problematic monopoly, by the end of the 19th century they were understood as the best available regulatory mechanism for preventing more problematic imitation. Whereas patent medicines had previously been linked to quackery, the emergence and rapid expansion of the “ethical” pharmaceutical industry after the Civil War was due to its adherents advocating for more effective regulation of commerce within medicine. Rather than reverting to secrecy, firms began to circulate and publish information on new remedies and the results of studies to physicians. As the explosion of new medicines remained at pace with the boom of consumer goods in the late 19th century, patenting and corporate investment in monopolistic practices became understood as a mechanism to advance the public good. The expansion of laboratory science and norms of chemical manufacturing in the 20th century only bolstered this union further.Medical Monopoly is a fascinating and important read that people interested in medical policy should pay attention to. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Emilie Cloatre‘s award-winning book, Pills for the Poorest:An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Palgrave, 2013), locates the effects–and ineffectualness–of a landmark international agreement for healthcare: the World Trade Organization’s “Trade-related Aspects of Intellectual Property Rights.” Cloatre takes seriously the idea of TRIPS as a technology in Bruno Latour’s meaning of the word–as a material object that anticipates effects in specific settings. Cloatre follows the text from its consolidation in European meeting halls to its use in the former French and British colonies of Ghana and Djibouti. Pills for the Poorest is a significant ethnography of law and healthcare in Africa that shows precisely how this paper tool begat new buildings, relationships, experts, and, indeed, pills, but only in particular places, among certain people, and for particular kinds of pharmaceuticals. Cloatre is a broadly trained scholar and talented researcher who shows the power of Actor Network Theory as an analytic device, and yet does so with a spirit of critique in the best sense: that is, as an act of sympathetic, yet persistent, questioning. As a text itself, the book has potential to reshape the thinking of readers from a wide range of fields, from law, science studies, healthcare policy, and beyond. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Please listen to the fascinating conversation I had with Susan Byrne, Associate Professor of Spanish and Director of Undergraduate Studies for Spanish at Yale University, about her new work, Law and History in Cervantes’ Don Quixote (University of Toronto Press, 2013). Byrne leads us through a close reading of Cervantes’ most famous work, revealing an overwhelming amount of legal details, all of which tie into early modern Spanish debates. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Jan Lemnitzer‘s new book Power, Law and the End of Privateering (Palgrave, 2014) offers an exciting new take on the relationship between law and power, exposing the delicate balance between great powers and small states that is necessary to create and enforce norms across the globe. The 1856 Declaration of Paris marks the precise moment when international law became universal, and is the template for creating new norms until today. Moreover, the treaty was an aggressive and successful British move to end privateering forever – then the United States’ main weapon in case of war with Britain. Based on previously untapped archival sources, Jan Lemnitzer shows why Britain granted generous neutral rights in the Crimean War, how the Europeans forced the United States to respect international law during the American Civil War, and why Bismarck threatened violent redemption during the Franco-German War of 1870/71. The powerful conclusion exposes the 19th century roots of our present international system, and why it is as fragile as before the First World War. A sample chapter of the book can be found on the publishers website here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The US Census has been an important American institution for over 220 years. Since 1790, the US population has been counted and compiled, important figures when tabulating representation and electoral votes. The Census has also captured the racial make-up of the US and has become a powerful public policy tool with both data and clout, affecting a range of policies from segregation to affirmative action. In What Is Your Race?: The Census and Our Flawed Efforts to Classify Americans (Princeton University Press 2013), Dr. Kenneth Prewitt provides a broad historical and political overview of the racial counting component of the Census, from its inception to its future. Prewitt, Carnegie Professor of Public Affairs at Columbia University, was formerly the Director the US Census Bureau, and his first-hand experience strengthens the narrative throughout the book.
Prewitt’s book follows the historical ebbs and flows of the Census and race politics in the US, which are unequivocally linked. From the early era of counting the slave population, to later integrating the new immigrant whites–such as Southern European Catholics and East European Jews–with the larger White Anglo-Saxon Protestant majority, and calumniating with race identity politics reflected in the Census discourse today, What Is Your Race? is a fascinating and thorough account of an American institution that has had a powerful influence on policy and society. Specifically, the racial categories, called statistical races in the book, used in the Census have been etched into the American psyche, and the results have sometimes been quite devises. Why should the Census count Hispanics in their own category and not Middle Eastern Americans? Prewitt faced these kinds of tough questions while running the Census and now grapples with them in this book. His final recommendation to ease tensions created from the simplistic statistical race measurement currently used by the Census is to incrementally move away form these categories and to move towards counting national origin, providing much more statistical granularity. You will have to read the book for the full policy prescription, which is fully mapped out for the next century.
Dr. Prewitt joins New Books in Education for the interview. For questions or comments on the podcast, you can also find the host on Twitter at @PoliticsAndEd. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore (Cambridge University Press, 2012), Jothie Rajah tells a compelling story of the rule of law as discourse and praxis serving illiberal ends. Through a series of case studies on legislation criminalizing vandalism and regulating the print media, legal profession, and religion in Singapore, Rajah raises critical questions about the meaning and place of law in a postcolony that celebrates colonialism as a cause of its modernity, prosperity and plurality.
Terrence Halliday describes Rajah’s work as “theoretically innovative, empirically compelling, and gracefully written”, adding that it “has far-reaching consequences for national leaders who seek ‘third ways’ in which economic development is partitioned from political liberalism”. As Halliday suggests, the contents of Authoritarian Rule of Law transcend the confines of the small city-state with which it is primarily concerned, and go to global debates about legislation, discourse and legitimacy, as well as to the inherent tensions in the rule-of-law ideal itself. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Today I had the pleasure of interviewing my legal history professor at Carolina Law, John V. Orth about his short story Self-Defense (14 Green Bag 2D Autumn 2010). Orth, who is well known for his more traditional legal scholarship, has made a powerful venture into fiction. The story, which begins by describing an ordinary daily dog-walk, leads its reader into deep ponderings about the state of American law and society.
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In Israel on the Appomattox: A Southern Experiment in Black Freedom from the 1790s Through the Civil War (Vintage Books, 2004), Melvin Ely uses a trove of documents primarily found in the county court records of Prince Edward County, Virginia to unravel a rich story about the free blacks who inhabited “the gentle slope of Israel Hill.” The story begins in 1796 when Richard Randolph, a prominent Virginian and cousin to Thomas Jefferson, left a will full of fiery abolitionist sentiment that emancipated his slaves and parceled 350 acres of his land among them. Ely explores the lives of the freed people who used this land to cultivate small farms and launch successful entrepreneurial ventures.
Israel on the Appomattox demonstrates that historians can gain a deep understanding of a society using legal documents as their window into the past. Ely’s research exposes the little known fact that Afro-Virginians could file (and often successfully filed) civil suits, despite not being allowed to testify in criminal courts. While not a perfect check on abuse, Ely explains that civil suits were an inroad free blacks could make against an unjust system. Through Ely’s exploration of the quotidian behavior of Prince Edward’s inhabitants, much is revealed about the relationship between politics, law, and actual behavior in societies past or present. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How did we come to think of spaces for the storage and circulation of body parts as “banks,” and what are the consequences of that history for the way we think about human bodies as property today? Kara W. Swanson‘s wonderful new book traces the history of body banks in America from the nineteenth century to today, focusing especially on milk, blood, and sperm. Banking on the Body: The Market in Blood, Milk, and Sperm in Modern America (Harvard University Press, 2014) takes readers into early twentieth-century America, when doctors first turned to human bodies and their parts as sources of material to help cure their most desperate cases. As these doctors developed an expertise in harvesting body products and sought reliable and cooperative supplies thereof, human milk and blood were first transformed into commodities. Swanson’s story introduces some of the most crucial actors in this history, including wet nurses, professional blood donors, Red Cross volunteer “Grey Ladies,” doctors, blood bank managers, mothers who ran milk banks, sperm donors, and many, many others. The story is deeply satisfying on many levels: as a window into particular human lives, as a conceptual history with material consequences, and as a set of case studies that illuminates and informs today’s legal and medical landscapes. This is a book that should be on the shelves and in the hands of anyone interested in legal history, medical history, modern notions of “property,” and the ways that the past had shaped what happens to our bodies in the present and what might happen to them in the future. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Singapore has a well-deserved reputation as a state that stifles dissent and polices activism. But as Lynette Chua shows in Mobilizing Gay Singapore: Rights and Resistance in an Authoritarian State (National University of Singapore Press, 2014), repressive government nowhere goes unchallenged, even if the forms that resistance takes are not manifest. Turning away from social movement theory that tends to valorize public protest and other forms of highly visible contentious politics, Chua tells another story: a story of contingent, incremental gains through strategic adaptation; a story of “pragmatic resistance” to authoritarianism.
Mobilizing Gay Singapore is a highly readable and finely researched account of how a contemporary political movement has emerged and grown in a small Asian state, yet it is a book with a bigger story to tell about the beginnings and progress of social movements in difficult circumstances. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Energy Law: A Context and Practice Casebook (Carolina Academic Press, 2014) by Joshua Fershee is a new casebook designed to better prepare students for practice than traditional methods of legal education. In this interview we discuss a brief history of energy law and delve into some of the topics covered in the book including: economic regulations and market structures, climate change law, and the business of energy law.
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Our legal systems are rooted in rules and procedures concerning the burden of proof, the weighing of evidence, the reliability and admissibility of testimony, among much else. It seems obvious, then, that the law is in large part an epistemological enterprise. And yet when one looks at the ways in which judges have wielded epistemological concepts, there is plenty of room for concern.
In Evidence Matters: Science, Proof, and Truth in the Law (Cambridge University Press, 2014), Susan Haack brings her skill as an epistemologist to bear on a series of tangles concerning the legal concepts of proof, evidence, and reliability, especially as they apply in a series of notorious toxic tort cases. Along the way, she exposes several philosophical confusions in the law’s current understanding of the epistemological concepts it wields, and shows how her own distinctive epistemology–Foundherentism–can be useful to the law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Guy Chet, Associate Professor of early American and military history at the University of North Texas, in his book The Ocean is a Wilderness: Atlantic Piracy and the Limits of State Authority, 1688-1856 (University of Massachusetts Press, 2014) makes a well-crafted argument for the persistence of Atlantic piracy in the eighteenth and nineteenth centuries, after the age of Blackbeard and Captain Kid. He asserts that piracy was not abruptly stamped out by the royal navy but remained normal rather than exceptional for a long time past the 1730s.
The end of piracy is described in the traditional historical narrative as a speedy decline due to the central state’s extension of its authority into the Atlantic frontier and its monopolization of violence. Chet, following methodology established by legal and borderland historians, critiques this assessment pointing out that frontier conditions are sustainable for long periods of time. He fleshes out through each section of his work why the monopoly on violence pronounced in statutory law was not accepted as legitimate or seen in reality in peripheral communities. Despite the central state’s use of army, navy, courts and gallows to extend authority to the frontier, Atlantic piracy waned only slowly in the face of these delegitimizing efforts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Social media is a phenomenon that continues to grow and attract much attention in the form of consternation, commentary, criticism and scholarly research. Any attempt at truly understanding social media communication practices and tools requires interdisciplinary analysis, the examination of the technology from the varying perspectives of the groups of users, developers and experts with respect to the issues surrounding it. It also should include a look at the changes social media has and continues to bring to various fields, particularly with respect to professional communication. Jeremy Lipschultz, Isaacson Professor in the School of Communication at the University of Nebraska at Omaha, discusses the impact of social media on various mass communications professions in his new book Social Media Communication: Concepts, Practices, Data, Law, and Ethics (Routledge 2014). In his book, Lipschultz examines the various theories and practices connected to social media communication, and how this emerging form of communication differs from the traditional. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In Politics, Law, and Community in Islamic Thought: The Taymiyyan Moment (Cambridge University Press, 2012), Ovamir Anjum explores a timely topic, even though his focus is hundreds of years in the past. In order to present his topic Professor Anjum asks a series of foundational questions, such as: How have Muslims understood ideal government and political theology? What is the role of rulers in those politics? And what does it even mean to talk about “politics” as a category? In Anjum’s words “the relationship between Islam and politics in the classical age can neither be described as a formal divorce nor a honeymoon, but rather a tenuous and unstable separation of spheres of religious authority from political power that was neither justified in theory nor wholeheartedly accepted” (136). The “Taymiyyan Moment,” a rephrasing of the “Machiavellian Moment” comes during the life of the prodigious author, theologian, and jurist Ibn Taymiyya (1263-1328). By honing in on Ibn Taymiyya’s magnum opus, Dar’ Ta’arud al-‘aql wa-l-naql (The Repulsion of Opposing Reason and Revelation)–not a political work, per se, but a theological one–Anjum reflects on, among other things, tensions between “community-centered” and “ruler-centered” visions of politics, and how scholars before Ibn Taymiyya had understood these ideas. Based on meticulous research of primary and secondary sources, Anjum’s monograph will likely encourage new scholarship on the post-classical era, including the impact of Ibn Taymiyya’s ideas on later generations, as well as interest among scholars from a variety of disciplines, ranging from History and Religious Studies, to Political Science and Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Our Word is Our Bond: How Legal Speech Acts (Stanford UP, 2014), by UC Berkeley Professor of Rhetoric Marianne Constable, impels its readers to reassess the dominant methods of considering what is law.
Constable’s study of law is informed by both philosophy and sociology; however, she avoids common approaches employed by both disciplines and instead conducts her legal analysis by searching for directives in the form of J.L. Austin’s “speech acts.”
Her methods suggest that there is more of a connection between law-in-books and law-in-action than typical sociological research has proposed. Law-in-books, she argues, is active because it hears claims and makes claims within the context of a world that changes. An overview of the claims found within legal speech, such as promises, debts and warnings, reveals a dynamic force.
Constable’s way of thinking about law insularly removes it from the debate between natural law and positive law. As the title Our Word is Our Bond suggests, the work seeks to show that legal language commits us. These commitments come directly from law’s speech acts, thus her theory avoids principles derived either from a sovereign or God. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bruce Ackerman is the Sterling Professor of Law and Political Science at Yale University. His book, We the People, Volume 3: The Civil Rights Revolution (Harvard UP, 2013) fills out the constitutional history of America’s “Second Reconstruction” period and makes a powerful argument that traditional understandings of the constitutional canon must be expanded to accurately reflect the American lawmaking process.
The official constitutional canon is composed of the 1787 Constitution and the formal amendments to this document. However, Ackerman argues that the Supreme Court should give more deference to an operational canon that includes the landmark statutes, which are the legacy of the civil rights revolution. Ackerman reveals that the leaders of the civil rights movement actively avoided altering the Constitution through an Article V amendment because this method had failed during the first Reconstruction period. Instead, he lays out how they relied on constitution-altering techniques established during the New Deal. The champions of the civil rights movement following these New Deal methods emerged victorious from robust constitutional debates in all three branches. These successes reveal the American people’s broad support for a change to the constitutional status quo, a level of consent much greater than that behind the Reconstruction that produced three Article V amendments and Ackerman asserts even greater than the support underpinning the American Revolution.
Ackerman’s position as a scholar of both law and political science allows him to avoid interpretative pitfalls common to each respective discipline and to use his greater breadth of knowledge to present a wide picture of the civil rights era’s political history. His interdisciplinary interpretation argues for an even greater respect for Brown v. Board of Education’s importance in the movement while simultaneously arguing that lawyers must move away from a court-centric view of the period to be faithful to the collective voice of We the People. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
My marginal comment, recorded at the end of the chapter on the Belzec trial in Michael Bryant‘s fine new book Eyewitness to Genocide: The Operation Reinhard Death Camp Trials, 1955-1966 (University of Tennessee Press, 2014), is simple: “!!!!” Text speak, to be sure, but it conveys the surprise I felt.
One can ask many questions about the trials of the German guards and administrators of Belzec, Sobibor and Treblinka. Why did it take so long to put them on trial? How did the German public and government respond to the trials? What do the trials say about German memory of the Holocaust?
Bryant answers all of these questions thoughtfully and persuasively. But, the heart of his book is a close study of the prosecution of a few dozen German soldiers, most of whom clearly had dirty hands. He takes us step by step through the process of locating the accused and those who could testify against them, through the complexities of the German legal code, and through the testimony and eventual convictions. And he explains why many of the accused were convicted of lesser crimes, or not convicted at all.
Bryant, trained as both a lawyer and an historian, is uniquely qualified to lead us on this journey. He does so with the verve of someone writing in the true crime genre, integrating life stories of the accused and the courtroom strategies of their trials with a thoughtful analysis of the legal code and culture that shaped their fates.
By the time I finished the book, my initial response had turned into a reluctant understanding. I’m not sure what the right solution is to the problems of transitional justice. But Bryant makes it abundantly clear why these trials turned out in this way, however uncomfortable that might make us. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Most people say “I’m sorry” a lot. After all, we make a lot of mistakes, most of them minor, so we don’t mind apologizing and expect our apologies to be accepted or at least acknowledged. But how many of our apologies are what might be called “strategic,” that is, designed to do nothing more than placate the person we have wronged and essentially exonerate ourselves? In other word, how many of our apologies are genuine? It’s a good question, but it raises another: what is a genuine apology? Does it involve an admission of guilt, remorse, a promise never to do it (whatever it is) again, compensation for the wrong? That’s a good question too, but it, too, raises a question: how can we tell a strategic apology from a genuine one? Gnashing of teeth? Wailing? Weeping? Statements against interest?
As Nick Smith points out in his insightful Justice through Apologies: Remorse, Reform, and Punishment (Cambridge University Press, 2014), we don’t usually ask any of these questions when giving and taking apologies, and even when we do, our answers don’t make much sense. This thoughtlessness is particularly troublesome when apologies are used or required in high-stakes legal contexts. What can an apology mean when a judge compels a criminal to give one in exchange for a lesser sentence? What can an apology mean when a huge corporation issues one in a civil case knowing full well that doing so will likely reduce the damages it will have to pay? How can an apology be genuine–or even distinguished from a strategic apology–when the apologizer has so much to gain if they apologize and so much to lose if they don’t?
All good questions. Listen in. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Bestiality is more often the subject of jokes than legal cases nowadays, and so it was in late eighteenth-century western New England, when, strangely, two octogenarians were accused in separate towns in the space of a few years. Doron S. Ben-Atar and Richard D. Brown each discovered one case while they were researching other books, but when they began talking to one another, they realized the cases might be at the root of something bigger. Taming Lust: Crimes Against Nature in the Early Republic (University of Pennsylvania Press, 2014) explores two New England accusations of bestiality crimes, the trials, and the death sentences imposed upon the defendants.
In post-revolutionary America, in the Age of Reason, how could two old men face the gallows on charges that seemed more appropriate to the early 1640s? Ben-Atar and Brown unravel the personal, political, and religious entanglements that the cases represent. They provide a history of bestiality and its connection to sodomy or “crimes against nature,” and show the consequences of keeping laws on the books that may have outlived the culture that introduced them. Ben-Atar and Brown examine a struggle between Federalists and evangelicals, on the one hand, against Jeffersonian Republicans and rational religionists on the other, to define morality in the emerging new republic. The book puts the accusation of bestiality squarely in the midst of a cultural cataclysm in America. Taming Lust combines riveting historical narrative with a compelling analysis. Even the footnotes are not to be missed. These two isolated cases help us understand not only the local history of western New England, but the national political struggles, the evangelical movement that bridged the New Divinity with the Second Great Awakening, and the transatlantic influences from England and France that so affected the lives of Americans in the 1790s. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
When we discuss the death penalty we usually ask two questions: 1) should the state be in the business of killing criminals?; and 2) if so, how should the state put their lives to an end? As Austin Sarat shows in his fascinating book Gruesome Spectacles: Botched Executions and America’s Death Penalty (Stanford University Press, 2014), these two questions are intimately related. The reason is pretty simple: if the state can’t find a legally and morally acceptable way to execute malefactors, then perhaps we need to ask seriously whether the state should be killing criminals at all. If the means cannot be found, then the end may well be unachievable.
In Gruesome Spectacles, Sarat analyses hundreds of executions in an attempt to assess the degree to which we can kill criminals in legally and morally acceptable ways. What he discovers is that about three in a hundred American executions over the past century or so have gone badly wrong. Criminals who were supposed to have been put to death in a humane way were strangled, decapitated, set on fire, suffocated, and slowly poisoned. Apparently American authorities—however laudable their intentions—have found it quite difficult, practically speaking, to avoid “cruel and unusual punishment” when executing wrongdoers.
It’s important to note that Gruesome Spectacles is not an anti-death penalty book. Sarat’s presentation of botched executions is balanced by consideration of the horrible crimes for which the ultimate penalty was imposed. What Sarat does–and we should thank him for it–is provide hard evidence on a crucial question: can we, realistically speaking, put criminals to death humanely? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Olivier Zunz is the author of Philanthropy in America: A History (Princeton University Press 2014). The paperback addition of the book has recently been published with a new preface from the author. Zunz is Commonwealth Professor of History at the University of Virginia.
The book tracks the origins of philanthropy in America as a pact between the very rich and reformers. This was a movement that began in the Northeast, but then spread to the South where the construction of schools for African American children dominated the philanthropic agenda. The book also unearths the historic legal precedents related to how nonprofit organizations are regulated today, the introduction of tax exemption, and prohibitions on lobbying. In sum, Zunz places philanthropy, big and small, into the center of a conversation about the development of American democratic practices. It is a worthy ready for those interested in American politics, the role of the US in world affairs, and the nonprofit sector. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why do we feel guilty–and sometimes hurt ourselves–when we harm someone? Why do we become angry–and sometimes violent–when we see other people being harmed? Why do we forgive ourselves and others after a transgression even though “the rules” say we really shouldn’t?
In his fascinating book The Punisher’s Brain: The Evolution of Judge and Jury (Cambridge University Press, 2014), Judge Morris B. Hoffman attempts to answer these questions with reference to evolutionary psychology. As a working judge, Hoffman is in an excellent position to explore the dynamics of our instincts to punish and forgive. We are, he says, evolved to punish “cheaters”–ourselves and others–so as to maintain all-important bonds of trust and cooperation. But we are also evolved not to take punishment too far. When correction becomes too costly, we forgive so as to maintain social solidarity. Listen in to our fascinating discussion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The constitution guarantees Americans freedom of religious practice and freedom from government interference in the same same. But what does religious liberty mean in practice? Does it mean that the government must permit any religious practice, even one that’s nominally illegal? Clearly not. You can’t shoot someone even if God tells you to. Does it mean, then, that religious liberty is a sort of fiction and that the government can actually closely circumscribe religious practice? Clearly not. The government can’t ban a putatively religious practice just because it’s expedient to do so.
So where’s the line? In God vs. the Gavel: The Perils of Extreme Religious Liberty (Cambridge University Press, Second Edition, 2014), Marci A. Hamilton argues that it’s shifting rapidly. Traditionally, the government, congress, and courts agreed that though Americans should enjoy extensive religious freedom, that freedom did not include license to do anything the religious might like. A sensible accommodation between church and state had to be made so that both the church and state could do their important work.
According to Hamilton, in recent decades radical religious reformers have mounted a successful campaign to throw the idea of a sensible accommodation out the window. They have expanded the scope of religious liberty and thereby limited the ability of the government to protect citizens generally. In this sense, she says, religion–a force for great social good, in her mind–has been made into an instrument of harm for many Americans. Listen in. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In early America, the practice of “warning out” was unique to New England, a way for the community to regulate those who might fall into poverty and need assistance from the town or province. Robert Love’s Warnings: Searching for Strangers in Colonial Boston (University of Pennsylvania Press, 2014) is the first book about this forgotten aspect of colonial Massachusetts life since 1911. We perambulate with him around Boston’s streets on the eve of the Revolution. Dayton and Salinger present the legal basis of the warning system and the moral, religious and humanistic motives of those who enforced it.
We interview legal historian Cornelia H. Dayton of the University of Connecticut about the book she wrote with fellow historian Sharon V. Salinger, of the University of California, Irvine. They discovered his “diary,” and from there found warrants and other documents that allowed them to reconstruct his world, as well as the biographies of the sojourners, soldiers, and members of ethnic and religious minorities who were moving throughout the British Atlantic. They provide fresh insights into why people came to Boston and how long they stayed. Professor Dayton explains how she and Salinger provide a fresh, and perhaps controversial, interpretation of the role that warning played in the city’s civic landscape. Robert Love’s Warnings is a comparative legal history as well as social and political history of New England in the decade before the Revolution.
Update (April 26, 2015): Sharon V. Salinger and Cornelia Dayton have received a major book award by the Organization of American Historians (OAH). Their book Robert Love’s Warnings: Searching for Strangers in Colonial Boston (University of Pennsylvania Press, 2014) won the Merle Curti prize for the best book in American social history.
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In Birdmen: The Wright Brothers, Glenn Curtiss, and the Battle to Control the Skies (Ballentine Books, 2014), Lawrence Goldstone recounts the discovery and mastery of aviation at the turn of the twentieth century–and all the litigation that ensued. Foremost amongst the legal battles in early aviation was the suits waged between the Wilbur and Orville Wright and Glenn Curtiss. Goldstone offers an in depth view of that struggle.
From the publisher: “While the Wright brothers’ contributions to aviation are so famous as to be legendary, the ruthlessness with which they stifled their competitors remains largely unknown. The feud between the Wright brothers and Glenn Curtiss was a collision of strong, unyielding, profoundly American personalities. On one side was a pair of tenacious siblings who together had solved the centuries-old riddle of powered, heavier-than-air flight. On the other was an audacious young motorcycle racer whose aircraft became synonymous in the public mind with death-defying stunts. For more than a decade, they battled each other in court, at air shows, and in the eyes of the scientific and business communities. At issue were more than just the profits from a patent, but control of the means of innovation in a new age of rapid industrial change. The outcome of this contest of wills would shape the course of aviation history– and take a fearsome toll on the lives and livelihoods of the men involved.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Federico Fabbrini is Assistant Professor of European & Comparative Constitutional Law at Tilburg Law School in the Netherlands. In his new book, entitled Fundamental Rights in Europe: Challenges and Transformations in Comparative Perspective (Oxford University Press, 2014), Fabbrini analyses the constitutional implications of the highly complex European architecture for the protection of fundamental rights and the interactions between the various European human rights standards.
By innovatively comparing this architecture with the United States Federal System, the book advances an analytical model that systematically explains the dynamics at play within the European multilevel human rights architecture. The book however also goes beyond simple theory and tests the model of challenges and transformations by examining four very interesting and extremely relevant case studies. In the end, a ‘neo-federal’ theory is proposed that is able to frame the dilemmas of ‘identity, equality, and supremacy’ behind this multilevel architecture in Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Stephen C. Neff‘s Justice Among Nations: A History of International Law (Harvard UP, 2014) is a book of breathtaking scope, telling the story of the development of international law from Ancient times to the present. It moves across many different cultures and parts of the world, with the express ambition of being a comprehensive intellectual history of international law. It moves among names that any student of international law will recognize, but also surveys unfamiliar sources and recovers their importance. Neff’s prose is both accessible and elegant. This book will surely become an enormously important resource for scholars and students interested in the field. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Professor Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at George Washington University and co-author of the book Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission (Oxford University Press, 2013) with Won Kidane, Associate Professor of Law at the Seattle University Law School, and Thomas R. Snider, an international arbitrator at Greenberg Taurig. Their book goes to the heart and intricacies of the Eritrea-Ethiopia Claims Commission. Its analysis and comprehensiveness is certainly insightful and is a must-read for anyone wanting to learn about the commission and its context. Professor Murphy discusses with us some of the contents of the book, providing details on the war that occasioned the commission, the commission’s establishment, its jurisdiction and other very pertinent issues relating to the commission’s work. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How do people make sense of their scriptures when they do not align with the way they envision these texts? This problem is faced by many contemporary believers and is especially challenging in relation to passages that go against one’s vision of a gender egalitarian cosmology. Ayesha Chaudhry, professor in the Department of Classical, Near Eastern and Religious Studies and the Institute for Gender, Race, Sexuality and Social Justice at the University of British Columbia, examines one such passage from the Qur’an, verse 4:34, which has traditionally been interpreted to give husbands disciplinary rights over their wives, including hitting them. In Domestic Violence and the Islamic Tradition: Ethics, Law, and the Muslim Discourse on Gender (Oxford University Press, 2013) Chaudhry offers a historical genealogy of pre-colonial and post-colonial interpretations of this verse and their implications. Through her presentation she offers portraits of the “Islamic Tradition” and how these visions of authority shape participants’ readings of scripture. In our conversation we discuss the ethics of discipline, idealized cosmologies, marital relationships, legal interpretations, Muhammad’s embodied model, Muslim feminist discourses, effects of colonialism, and the hermeneutical space between modernity and tradition. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
We tend to take for granted that much of the innovation in the technology that we use today, in particular the communication technology, is made possible because of standards. In his book Open Standards and the Digital Age: History, Ideology, and Networks (Cambridge University Press, 2014), Dr. Andrew L. Russell examines standards and the standardization process in technology with an emphasis on standards in information networks. In particular, Russell examines the interdisciplinary historical foundations of openness and open standards by exploring the movement toward standardization in engineering, as well as the communication industry. Paying careful attention to the politics of standardization, Russell’s book considers the ideological foundations of openness, as well as the rhetoric surrounding this ideology. Notable also is the consideration of standardization as a critique of previous ideology and a rejection of centralized control. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Arica Coleman did not start out to write a legal history of “the one-drop rule,” but as she began exploring the relationship between African American and Native peoples of Virginia, she unraveled the story of how the law created a racial divide that the Civil Rights movement has never eroded. Virginia’s miscegenation laws, from the law of hypo-descent to the Racial Integrity Act, are burned into the hearts and culture of Virginians, white, black and Indian.
That the Blood Stay Pure: African Americans, Native Americans, and the Predicament of Race and Identity in Virginia (Indiana University Press, 2014) demonstrates how people continue to insist on racial discrimination and racial purity even though the legal barriers have been lifted and the biological imperatives of “blood purity” have been discredited. Dr. Coleman traces the origins the one-drop rule–that one African American ancestor made a person “colored”–from the days of slavery to the present. She shows how Indians came to disavow their African American descent in the wake of the Virginia racial purity statutes, and how the Bureau of Indian Affairs process continues to perpetuate a fear of admitting racial mixing. She also reveals how one of the most famous Civil Rights cases of our time, Loving v. Virginia, is not about what everyone thinks; it is not, she argues, about the right of blacks and whites to marry.
Dr. Arica L. Coleman is Assistant Professor of Black American Studies at the University of Delaware and a lecturer for the Center for Africana Studies at Johns Hopkins University. She has a four-year appointment to the Organization of American Historians Alana committee, which focuses on the status of African American, Latino/Latina American, Native American and Asian American histories and historians. Dr. Coleman has lent her expertise on the history and politics of race and identity formation to the Washington Post, Indian Country Today and most recently NPR’s “Another View,” a weekly program with a focus on contemporary African American issues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In 1927 Russian-American legal theorist Alexander Sack introduced the doctrine of “odious debt.” Sack argued that a state’s debt is “odious” and should not be transferable to successor governments after a revolution, if it was incurred without the consent of the people; and not for their benefit.
This doctrine has largely been rejected, with a firm presumption of “sovereign continuity” emerging instead: post-revolutionary governments must repay sovereign debt even if it was incurred to cover the personal expenses of plutocrats. If they fail to do so, their credit reputation is harmed. As Odette Lienau explains in a striking line, “we can now imagine prosecuting the leaders of a fallen regime for crimes against a state’s population while simultaneously asking that population to acknowledge and repay the fallen regime’s debts.”
In Rethinking Sovereign Debt: Politics, Reputation, and Legitimacy in Modern Finance (Harvard University Press, 2014), Lienau unfolds the historical conditions from which this seeming inconsistency emerged. Seamlessly moving between case studies from the early 20th century to the present, Lienau discusses several different versions of this puzzle. Ultimately, Lienau ends up rejecting “sovereign continuity,” and arguing for the recognition of “principled default.”
With revolutions and uprisings across the Middle East, and in Ukraine, this book’s argument will likely provoke lively discussion among lawyers, economists, political theorists, and historians. But lay people should ideally engage with the ideas as well. The book gives an extraordinary point of access into what is at stake in the work of enormous international organizations, such as the World Bank.
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In the book, The Fatigue of the SharÄ«’a (Palgrave, 2012), Ahmad Atif Ahmad explores a centuries-old debate about the permanence, or impermanence, of God’s law, and guidance, in the lives of Muslims. Could God’s guidance simply cease to be accessible at some point? Has such a “fatigue” already taken place? If so, how could one know for sure? What kinds of Muslims, and non-Muslims, have contributed to this debate? Ahmad ambitiously tackles these questions, and many more, in his meticulously researched and provocative monograph. In order to interrogate his topic, he surveys the many camps of the debate and also defines and problematizes key words such as sharÄ«’a, ijtihÄd, and madhhab. Although the text relies on a familiarity with the Islamic legal tradition, Ahmad’s style of writing, which constantly asks readers to reflect on key questions, allows even the uninitiated to benefit from and reflect on what it could mean for God’s guidance to fatigue. As a result of recounting competing angles of the debate, Ahmad leaves with the reader with enduring questions, rather than simple answers, regarding how or if the sharÄ«’a will indeed come to an end. If the legal schools, for example, arose at different times and in different contexts, why would they all meet a common future? As political struggles in the Middle East, North Africa, and the greater Muslim world continue, Ahmad’s timely book will likely interest not only Islamic studies scholars and legal historians, but also journalists, policy makers, and political scientists. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In The Struggle for Canadian Copyright: Imperialism to Internationalism, 1842-1971, Sara Bannerman narrates the complex story of Canada’s copyright policy since the mid-19th century. The book details the country’s halting attempts to craft a copyright regime responsive both to its position as a net importer of published work and to its peculiar political geography as a British dominion bordering the United States. Bannerman charts Canada’s early, largely unsuccessful effort to craft a less restrictive policy in the run up to, and aftermath of, the 1886 Berne Convention-the multilateral agreement that established the enduring framework for the international copyright system. The main obstacle, in the 19th and early 20th centuries, was Britain’s insistence on a uniform and Berne-friendly policy throughout the empire. Even as those imperial constraints fell away over the first half of the 20th century, Canada increasingly aligned with powerful net exporters like France and Britain–in large part, Bannerman shows, to strengthen the country’s image as a model international citizen. The Struggle for Canadian Copyright is a story of constraint–the country’s copyright independence was never won–but Bannerman’s account also highlights the historical contingency of the restrictive norms that dominate international IP policy. A companion website includes archival documents and other materials. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
It is commonly assumed that states have a right to broad discretionary control over immigration, and that they may decide almost in any way they choose, who may stay within the territory and who must leave. But even supposing that there is such a right, we may ask the decidedly moral question about how it may be exercised. And this query calls us to try to bring our views about the ethics of immigration into equilibrium with our other moral convictions about citizenship, liberty, and equality. Can our common views and practices concerning immigration be rendered consistent with these deeper commitments?
In The Ethics of Immigration (Oxford University Press, 2013), Joseph Carens argues that our common commitment to democratic principles requires us to revise much of our thinking about immigration. Beginning with the uncontroversial practice of granting citizenship immediately to those born within a country’s territory, Carens argues that claims to social membership and thus to citizenship strengthen as individuals stay in a state; consequently, there is a point at which not extending citizenship to those living within a state’s borders is grossly immoral, even for those who have settled without the state’s permission. Carens’ arguments about the moral constraints on the state’s rights to exclude eventuate in an argument in favor of open borders. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Patrick Weil is the author of The Sovereign Citizen: Denaturalization and the Origins of the American Republic (University of Pennsylvania Press, 2013). He is a visiting Professor of Law at Yale Law School and a senior research fellow at the French National Research Center in the University of Paris 1, Pantheon-Sorbonne. The Sovereign Citizen is an historical study of denaturalization in the United States. It tells the story of what Weil believes is a revolution in the concept of citizenship, through exhaustive archival research. But is also a story about the actors that have made law what it is – immigrants, political radicals, criminal defense lawyers, bureaucrats, and judges.
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Boston University School of Law Professor Jay Wexler offers readers an entertaining and enlightening tour through a “constitutional zoo” of ten strange-yet-important provisions of the Constitution of the United States in The Odd Clauses: Understanding the Constitution Through Ten of Its Most Curious Provisions (Beacon, 2012).
As the nation’s foremost scholar of Supreme Court laughter (he could claim he invented the burgeoning field), Professor Wexler proves in this book that he is not just a critic of legal humor, Professor Wexler is a master himself. On the serious side, the work succeeds in using ten oft-forgotten constitutional provisions as a means of illustrating how contemporary problems are imbued with constitutional issues.
Inspired by his time at the Justice Department’s Office of Legal Counsel providing legal advice to the Executive Branch, Professor Wexler’s book will delight both the most seasoned legal veterans and even those whose last brush with the Constitution was in high school. Perhaps due to Professor Wexler’s extensive experience in teaching Administrative Law, as well as his experience in the Executive Branch, the book would serve as an excellent preface for those law students who plan to take Administrative Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
The Last Utopia: Human Rights in History (Harvard University Press 2010) takes the reader on a sweeping journey through the history of international law from the ancient world to the present in search for an answer to the question: where did human rights come from? The book’s author, Columbia University intellectual historian Samuel Moyn examines, in turn, Enlightenment humanism, socialist internationalism, horror at twentieth-century genocide, anti-colonialism, and the civil rights movement. But he concludes that these were not sufficient individually or collectively to account for the emergence this key term of our contemporary political vocabulary. Human rights has, as Moyn tells us in this interview, a more recent and surprising vintage.
I have never read a book that devoted so much space to where something wasn’t and to why it wasn’t there. Yet in Moyn’s explanation of the non-existence of human rights until its breakthrough moment in the 1970s, we learn a great deal not only about the importance of the nation-state to the conception of individual rights, but about the nature of historical change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In his brilliant new book, The Canonization of Islamic Law: A Social and Intellectual History (Cambridge UP, 2013), Ahmed El Shamsy, Assistant Professor of Islamic Studies at the University of Chicago, explores the question of how the discursive tradition of Islamic law was canonized during the eighth and ninth centuries CE. While focusing on the religious thought of the towering Muslim jurist Muhammad b. Idris al-Shafi’i (d. 820) and the intellectual and social milieu in which he wrote, El Shamsy presents a fascinating narrative of the transformation of the Muslim legal tradition in early Islam. He convincingly argues that through al-Shafi’i’s intervention, a previously mimetic model of Islamic law inseparable from communal practice made way for a more systematic hermeneutical enterprise enshrined in a clearly defined scriptural canon. Through a rich and multilayered analysis, El Shamsy shiningly demonstrates how and why this process of canonization came about. Written in a remarkably lucid fashion, this groundbreaking study will delight and benefit specialists and non-specialists alike. In our conversation, we talked about the shift from oral to written culture in early Islam, the contrast between the normative projects of Malik and al-Shafi’i, al-Shafi’i’s theory of language, the social and political reasons for the success of his legal theory, and the transmission of al-Shafi’i’s thought by his students. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
How should one understand Islamic law outside of its application? What happens when we think about religious jurisprudence theoretically? For medieval Muslim scholars this was the field where one could enumerate the meaning and purpose of Islamic law. But to the uninitiated these justifications for legal thinking are submerged in rote repetition of technical language and discourses. Luckily for us, Rumee Ahmed, professor in the Department of Classics, Near Eastern and Religious Studies at the University of British Columbia, Vancouver, dives into the depths of various legal theory manuals to draw narrative understandings of shari’a to the surface. In Narratives of Islamic Legal Theory (Oxford University Press, 2012), Ahmed examines two formative contemporaneous jurists from the Hanafi school of law to determine the relationship between law and ethics through legal discourses. He focuses on the nature and meaning of the Qur’an, the role of the sunnah (the Prophetic example), and the use of considered opinion in structuring legal boundaries. Ultimately, he views their positions not merely as academic debates over the minutia of religious opinions and injunctions but as ritual observance, which formulates a world ‘as if’ it were ideal. In our conversation we discuss abrogation, punishment, salvation, Abraham’s sacrifice, hadith transmission, Peircean notions of abduction, religious law, stoning, adultery, the role of scholars, and contemporary calls for reform. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Historians tell stories, and stories have beginnings and ends. Most human eras, however, are not so neat. Their beginnings and ends tend to blend into one another. This is why historians are often arguing about when eras–the Roman Empire, the Middle Ages, the Renaissance, etc.–started and stopped. One usually learns very little from these debates, primarily because the established beginnings and endings were agreed upon for good reason. Nothing really big had been missed, so nothing really big has to be changed.
But there are exceptions, times when historians discover–or at the very least bring to light–evidence that truly moves the chronological bounds of an era or movement. One such exception is Susan D. Carle‘s excellent new book Defining the Struggle: National Organizing for Racial Justice, 1880-1915 (Oxford UP, 2013). I will only speak for myself, but I always considered the formation of the NAACP in 1909 to be the beginning of the organized, national effort to fight discrimination against African Americans. Having read Susan’s book, I now know that I was wrong. She ably tells the stories of a number of national organizations that pursued the agenda of the NAACP (and, for that matter, the Urban League) decades before the NAACP (and the Urban League) was founded. It would, I think, be a mistake to see Carle’s book as a “pre-history” of the organized struggle for racial justice; rather, it is more appropriate to see it as a book about the true beginning of that struggle. Listen in to our fascinating discussion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In global narratives of modern legal history, Asia tends to fall short relative to Europe and the US. According to these narratives, while individuals in the West enjoyed political participation and protection, people in Japan did not, and this was due largely to the absence of a distinction between public and private law. In Public Law, Private Practice: Politics, Profit, and the Legal Profession in Nineteenth-Century Japan (Harvard University Asia Center, 2013), Darryl E. Flaherty upends this narrative in a fascinating story of nineteenth century legal culture in Edo Japan. Early nineteenth-century Edo society already had a vibrant legal culture of engaged private practitioners, and by the late century they had paved the way for a codification of public and private law, and a transformation in the social meaning of law in Japan. Flaherty guides readers through the spaces of private legal practice in pre-Meiji society, and the careers of individual legal advocates who practiced in the midst of a transforming legal landscape in the early Meiji period and worked to reconcile their notions of morality and law. The book traces the formation of a legal profession in the nineteenth century, the ways that associations of legal advocates paved the way for the first political parties, and the emergence of the first private universities and law schools in Japan. It is a carefully wrought story that informs both the history of Japan and the global history of law. Enjoy! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
During the 1924-25 school year, John Scopes was filling in for the regular biology teacher at Rhea County Central High School in Dayton, Tennessee. The final exam was coming up, and he assigned reading from George W. Hunter’s 1914 textbook A Civic Biology to prepare students for the test. What followed has become one of the most well-known accounts in the history of science and one of the most famous trials of twentieth-century America.
In Trying Biology: The Scopes Trial, Textbooks, and the Anti-Evolution Movement in American Schools (University of Chicago Press, 2013), Adam R. Shapiro urges us to look beyond the rubrics of “science” and “religion” to understand how the Scopes trial became such an important event in the histories of both. The story begins with a pair of Pinkerton detectives spying on a pair of textbook salesmen in the Edwards Hotel in Jackson, Mississippi. Shapiro brings us from that hotel room into a series of classrooms, boardrooms, and courtrooms while exploring the battle over textbook reform in the twentieth-century US. Based on a close reading of high school curricular materials around the discipline of botany, with special attention to the emergence of “civic botany” as a pedagogical field, Shapiro’s book uses the debates over pedagogy, evolution, and the textbook industry to explore a number of issues that are of central importance to the history of science: the construction of authorship, the histories of reading practices, the co-emergence of economies and technologies, and the ways that urban and rural localities shape the nature of sciences and their publics. It is a gripping, moving, and enlightening story. Enjoy! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why is it that the United States continues to enforce the death penalty when the rest of the Western world abolished its use a little over three decades ago? That question, along with many other equally important questions, is at the heart of Dr. David Garland‘s recent book Peculiar Institution: America’s Death Penalty in an Age of Abolition (Harvard University Press, 2010). His provocative study highlights the uneven application of capital punishment America–a phenomenon widely discussed but rarely understood–and offers a succinct and thoughtful analysis of the historical roots of this contemporary problem.
Comparing the modern form of state execution (lethal injection) with original, brutal, forms of state execution (pressing, dismemberment, burning, beheading), Garland dissects the sociocultural and political uses of capital punishment and how they changed over the centuries, evolving to meet the needs of a modern liberal democracy. These liberal adaptations, as Garland explains, forced executions from the public gallows into private rooms within prisons, created a mandatory legal procedure of “super due-process,” and sought to diminish cruel and unusual bodily harm to the offender. But have these adaptations nullified its original purposes? For instance, various studies have shown that the death penalty does not act a deterrent to criminals or serve retributive purposes to the victims and their families. Given these facts, what purposes does it serve, if any? Do these reasons justify retention of the practice? Listen in for more!
Dr. Garland is Arthur T. Vanderbilt Professor of Law and Professor of Sociology at New York University. Peculiar Institution is the recipient of numerous awards including: 2012 Michael J. Hindelang Award (American Society of Criminology), 2012 Edwin H. Sutherland Award (American Society of Criminology), 2011 Barrington Moore Book Award (American Sociological Association), Co-Winner 2011 Mary Douglas Prize (American Sociological Association), A Times Literary Supplement Best Book of 2011, and the 2010 Association of American Publishers PROSE Award for Excellence. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Anyone who studies police corruption will be aware of the Knapp Commission that examined allegations of police corruption in New York City in the 1970s. Not only was this famous because of the movie Serpico, but also most of the terminology used in corruption studies of police came from the report of the commission. Michael F. Armstrong was the chief counsel to the commission and this book is a history of the formation and operation of the inquiry. Holding a major commission of inquiry is not something that is done routinely. In his own words, Armstrong says they “fumbled” along working out how one discovers, let alone investigates corrupt police.
They Wished they were Honest: The Knapp Commission and New York City Police Corruption (Columbia Press, 2012)reads like an extended episode of The Wire, combining political elements with investigative planning and transcripts of surveillance recordings of bribe negotiations. It is very revealing of the nature of corruption that existed at the time. The book follows some key from Xavier Hollander, the Happy Hooker, through small time corrupt officers (grass eaters) through to hardcore predatory corrupt police (meat eaters). Not only does Armstrong provide an entertaining history of the inquiry but he reveals the full gamut of social forces that make such inquiries difficult to implement successfully. Police corruption is an essential factor in any form of large scale illicit activity, be it prostitution, gambling or drugs. Police have a service to sell, namely protection, and there are many illegal operators who are willing to pay for it to ensure their business runs without interruption. While the Knapp Commission happened 40 years ago, the corruption still exists at varying levels in all communities. Armstrong’s book helps us understand how and why it happens and, especially, how difficult it can be to stop. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
All humans have an emotionally-driven sense of fairness. We get treated unfairly and we get mad. It’s no wonder, then, that our laws–and those of almost everyone else–are intended to assure that people are treated fairly. When those laws fail and we are treated unfairly, we encounter another human universal–the desire for revenge. If someone pokes you in the eye, more likely than not your first inclination is going to be to poke them in the eye too. That “eye-for-an-eye” logic just feels intuitively fair to us. Yet, our laws–and those of most “civilized” places–explicitly deny victims the right to avenge their injuries. The state has a monopoly on justice, and the state’s justice (theoretically) has nothing to do with revenge. The courts asks victims to check their “irrational” desire for revenge and pursue what is (supposedly) a higher, more “rational” form of justice.
In Payback: The Case for Revenge (University of Chicago Press, 2013), Thane Rosenbaum argues that we’ve gone way too far in our rejection of revenge. By denying the right to revenge, we have essentially asked people to do something that is impossible–squelch their very natural feeling that wrong-doers must pay in equal measure for the harms they brought. In order for the moral universe to be righted, scofflaws must pay–and be seen to have paid–for what they have done. Our laws recognize none of this, says Rosenbaum, and we should do something about it. We need to bring revenge, he argues, back in.
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A friend of mine who had just graduated from law school said “Law school is great. The trouble is that when you are done you’re a lawyer.” Steven J. Harper would, after a fashion, agree (though he would probably add that law schools are not that great). Harper’s book, The Lawyer Bubble: A Profession in Crisis (Basic Books, 2013), is a stem-to-stern indictment of legal education and the legal profession; he argues that the entire system by which we train and employ (or don’t employ) attorneys is broken. Honesty, humility, and public service are out; “truthiness,” hubris, and greed are in. The very idea of what it means to be a lawyer has been corrupted. Happily, Harper has some suggestions about how we might reform the legal industry. This is a terrific and thought provoking book. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
James Whitman wants to revise our understanding of warfare during the eighteenth century, the period described by my late colleague and friend Russell Weigley as the “Age of Battles.” We commonly view warfare during this period as a remarkably restrained affair, dominated by aristocratic values, and while we recognize their horrors for the participants, we often compare battles to the duels those aristocrats fought over private matters of honor. Not true, claims Whitman, who argues instead that battles during the period 1709 (Battle of Malplaquet) and 1863/1870 (Gettysburg/Sedan) were understood by contemporaries not to be royal duels but “legal procedure[s], a lawful means of deciding international disputes through consensual collective violence.” [3] Understanding war as a form of trial is what gave warfare of the era its decisiveness (sorry Russ) and forces us, according to Whitman, to change the way we interpret, for example, Frederick the Great’s invasion of Silesia. Whitman, who is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School and an academically trained historian (PhD Chicago 1987), brings the perspective of both lawyer and historian to his work ways that teach us much about both the military history and the law of the period he considers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Every hundred years or so, the Supreme Court decides a question with truly vast economic implications. In 2012 such a decision was handed down, in a case that had the potential to affect the economy in the near term more than any court case ever had. The substance of the case, and its lasting legal implications, are the subject of Andrew Koppelman’s The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2012).
The plaintiffs in the “Obamacare” case, NFIB v. Sebelius, had political and legal goals. Politically, they failed, because Justice Roberts was not willing to undo the huge Congressional effort to reform the country’s health-insurance system. But legally, in terms of doctrine, the litigation was a smashing success, altering principles that reach back hundreds of years.
Andrew Koppelman has written a superb layman’s guide to what was at stake, legally, in last year’s case — and what the plaintiffs accomplished. They persuaded five justices of the Supreme Court to call into question both of the Court’s most economically significant previous decisions, one from the early days of the Republic, and one from the New Deal.
In 1819, the Court agreed unanimously that the federal government could solve national problems:
“Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.” (James Marshall)
In 1935, the vote on a similar question was five to four: “Although activities may be intrastate in character when separately considered, if they have such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions, Congress cannot be denied the power to exercise that control.” (Charles Evan Hughes)
But the dissent in 1935 took a very different view, one that resonates with the conservative voices of 2012:
“The right to contract is fundamental, and includes the privilege of selecting those with whom one is willing to assume contractual relations.” (James McReynolds)
In 2012, the Court is now split 4-5, in the other direction, on both of these topics. Prof. Koppelman shows that the “necessary & proper” clause, held to trump states’ rights by Justice Marshall, is hollowed out by Justice Roberts’ opinion. And Justice McReynolds’ “right to contract,” made infamous by the Lochner court, has returned in ghostly form, as a new individual right not to contract with insurance companies. In economic matters, the tide of constitutional law is shifting.
The power of the Tough Luck constitutional doctrine was not exercised because of Justice Roberts’ forbearance in preserving the Affordable Care Act on other grounds. But with the help of Prof. Koppelman’s lucid and persuasive book, any reader can now fully grasp the legal significance of this line of thinking. Its practical implications, meanwhile, are becoming visible in the context of Medicaid, because a secondary holding in the case empowered governors to refuse new federal money for health care for the working poor. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
You may well have seen “Numb3rs,” a TV show in which mathematicians help solve crimes. It’s fiction. But, as Leila Schneps and Coralie Colmez show in their eye-opening new book Math on Trial: How Numbers Get Used and Abused in the Court Room (Basic Books, 2013) math does play a role in criminal prosecution. Alas, it’s often bad math and, as such, often leads to bad outcomes: people get off who shouldn’t and others get convicted who shouldn’t. Schneps and Colmez show how math has been misused in ten interesting (and disturbing) cases. In some instances the errors are trivial; in others rather complex. But they all add up (excuse the pun) to injustice. Listen in and find out how and why. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Daniel McCool, professor of political science at the University of Utah, is the editor of The Most Fundamental Right: Contrasting Perspectives on the Voting Rights Act (Indiana University Press, 2012). The VRA was one of the center pieces of the civil rights legislation passed in the 1960s. The Act aimed to address great inequities in access to and participation in voting, particularly among African Americans. Perhaps most controversially, the law labeled a handful of states that were deemed the most egregious violators of voting rights, and required them to gain pre-clearance from the Department of Justice on any changes in state voting procedures. Nearly fifty years later, is the case for the VRA still so pressing or are modifications or a complete overhaul called for? This timely collection provides deep theoretical and empirical justifications for the VRA, and equally well-developed arguments in opposition. One finished the collection more informed and a little unsure of what is called, both signs of a well-edited volume.
The timeliness of this book cannot be overstated. On Wednesday February 26, 2013, the Supreme Court hears arguments in the Voting Rights case of Shelby County v Holder. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
In their book Mismatch: How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It (Basic Books, 2012), Richard Sander and Stuart Taylor, Jr. present the following big idea: race preferences in higher education harm those preferred. Their argument is interesting in that it is not premised on the idea that racial preferences are unfair. Rather, they crunch the numbers and show that when good minority students are placed among elite students at elite schools, they often fail; when they are placed among other good students at good schools, they do much better. Students, they say, need to be “matched” with students at their level, not “mismatched” (or, rather, overmatched) with students far above their level. Both Sanders and Taylor are very much in favor of Affirmative Action, though they would like to see it reformed. Listen in and see how. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Extraterritoriality was not grafted whole onto East Asian societies: it developed over time and in a relationship with local precedents, institutions, and understandings of power. Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan (Oxford University Press, 2012) uses a trans-regional and transnational focus to explore the history of extraterritoriality and the treaty port system in nineteenth century societies. Eschewing the kinds of teleological narratives that privilege current nation states, Par Cassel locates late Qing, Tokugawa, and Meiji debates in a deep history of legal pluralism, notions of “foreign” identity, and inter-ethnic relations. Cassel uses an impressive range of press accounts, legal texts, and other sources to unfold the ways that the very different trajectories of extraterritoriality in China and Japan had very different consequences for the two countries. Cassel’s book ranges across some fascinating case studies from the histories of opium, counterfeiting, and the police. In addition to being required reading for anyone working in the history of modern China or Japan, Grounds of Judgment is also of special note to readers interested in the ways that language, dialect, and translation have shaped modern history, legal reform, and international relations. Enjoy! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Have you ever illegally downloaded a song from the internet? How about illicitly burned copies of a CD? Made a “party tape?” Bought a bootleg album? You may have done these things, but have you purchased a bootlegged song-sheet? In Pop Song Piracy: Disobedient Music Distribution Since 1929 (University of Chicago, 2011) Barry Kernfeld fills us in on the history of disobedient music reproduction and distribution since, well, before the advent of recording technology. Along the way he discusses the above mentioned disobedient distribution techniques along with a few others: fake books, music photocopying, and pirate radio round out the book. Kernfeld suggests that the history of pop music piracy is never ending, with battles of different types of disobedience taking similar forms: the music “monopolists” (song owners) attempting to enact prohibitions on illegal production and distribution, the failed containment of said production and distribution systems and, finally, the assimilation of disobedient forms into the mainstream production and distribution industries.
Barry Kernfeld is on the staff of the Special Collections Library of the Pennsylvania State University. He is the author of The Story of Fake Books: Bootlegging Songs to Musicians and What to Listen for in Jazz, and he is the editor of The New Grove Dictionary of Jazz. He is also a professional jazz saxophonist playing in Jazza-ma-phone and a clarinetist in local musical theater productions. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
“I am not smart. I invented smart to compel you to do what I want.” — The Reptile
Any civil trial represents the culmination of many, many years of disciplined mental effort. Legal education generates learning, and the discovery process generates information.–Yet neither learning nor information can result in a verdict of liability. For that, you need a jury: and a jury operates, by design, on very different principles of decision-making. As Rebecca West wrote, “The whole point of a jury is that it is not learned … but chunks of laity, brought in for the special purpose of being unlearned.” Judges resolve the cases that can be decided by learning and logic. Attorneys settle out of court the ones that can be decided through gathering information.But in the end, when learned, reasonable people disagree, the case “goes to the jury” — and law professors lose interest.
It is here that David Ball and Don Keenan‘s research begins. What happens in the mind of a juror? What factors actually decide close cases? Beginning in 2006, they undertook extensive empirical study to find out. Evolution, neuroscience, and even psychoanalysis play into the answer. Darwin, Skinner, and Freud all had it right: conscious thought processes are not as important as we think they are (and of course, as the annals show, this is true of judges as well as jurors). n all humans, deliberative processes are subject to primal, unconscious factors that place survival and safety ahead of everything else.
This insight led Ball and Keenan to a metaphor and a method for litigators that have created a sensation in the plaintiffs’ bar: the Reptile. A creature of evolution, coiled deep in the human neurosystem, the Reptile compels jurors to heed certain kinds of arguments more than others. But the Reptile is not a base reflex: its values are also enthroned at the center of the American jury system. Ball and Keenan believe they have redeemed it from cooptation by the adherents of “tort reform.” In turn, they seek to harness it for plaintiffs: not only to win cases, but also to redress injustices of certain kinds.
The Reptile is roused when there is a menace to its own genetic prospects, and such a menace can be discerned in many different kinds of cases. To hear Ball tell it, all defendants that can be seen to threaten the well-being of the community are looking more and more, in recent years, like food for the Reptile. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Lynn Stout‘s pathbreaking book Cultivating Conscience:How Good Laws Make Good People (Princeton University Press, 2010) represents a much-needed update to the discipline of law and economics. Using current social science and discarding threadbare premises, it develops new methods for theorizing and deploying law in its real-life context — starting from the simple observation that, as a matter of scientific fact, people are often remarkably and demonstrably unselfish.
In updating her own field of study, Prof. Stout found herself, unexpectedly, calling into question one of its most cherished axioms. Scholars of law and economics had always begun with the assumption that people were “rationally selfish.” Cass Sunstein’s 2008 book Nudge called into question the first term of that formula; Prof. Stout, holder of an endowed chair in Corporate and Securities Law at UCLA, now challenges the second.On the evidence of this book, it seems more than possible that her insights will prove more significant in the long run.
Lucidly summarizing the vast quantities of recent social-science research on so-called prosocial behavior, Cultivating Conscience shows how selfishness is overhyped as a driver of human conduct.Prof. Stout finds repeatedly that when there is a gap between actual legal structures and current legal theory, the problems are not with the law, but with the theory — problems rooted in certain academic cultures, unscientific thinking, and inattention to the empirically proven power of human conscience. The prospect of correcting these errors suggests a new direction for the field of law and economics.
Conscience may turn out to be a policy tool as useful as incentivization. In fact, the power of Prof. Stout’s analytic framework, both as description and prescription, may make one-dimensional evaluation of legal incentives obsolete. Using the method proposed here, policymakers attentive to the key parameters of authority, conformity, and empathy may develop ways to “cue” conscientious behavior in a wide variety of social contexts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Is comedian and cultural critic Bill Cosby right–that black youth suffer from a cultural pathology that leads them to commit more crimes than their white counterparts? Is the remedy to the high rate of offending by African American men the “shape up or get shipped out” perspective? Is there more to African American offending than poor parenting or lousy schools? James D. Unnever is the co-author (with Shaun L. Gabbidon) of the new book A Theory of African American Offending: Race, Racism, and Crime (Routledge, 2011). This book builds on the assertion of sociologist and cultural critic W. E. B. Du Bois that theories of African American life, culture, and especially crime must deal with the unique circumstances and worldview of black people living in America. Unnever and Gabbidon take this assertion seriously as they develop a theory that the reading public in general and criminologists and lawyers specifically, indeed all associated with the criminal justice system, should read.
I’ve recommended this book to colleagues at the collegiate level in African American Studies, as well as to junior high and high school teachers working in predominantly African American schools. This book is a must read! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What can judges do to change society? Fifty-seven years ago, the Supreme Court resolved to find out: the unanimous ruling they issued in Brown v. Board of Education threw the weight of the Constitution fully behind the aspiration of social equality among the races. The possibilities of law as an engine of social justice seem to be encapsulated in the story of the decision — and in the many decades of resistance to its enforcement.
Today, there are those who argue that the Court failed in its goal, since actual racial mixing in U.S. schools has declined steadily over the last 35 years. But in her new book, In Brown’s Wake: Legacies of America’s Educational Landmark (Oxford UP, 2011), Harvard Law School Dean Martha Minow argues that the legacy of Brown should be viewed in a larger context. Neither a self-executing mandate for racial equality nor a futile rhetorical exercise, the decision was destined to become a lodestar for a wide variety of reformers in all areas of American society — and beyond.
In a series of case studies, Dean Minow’s book reveals how Brown, the milestone in American jurisprudence, took on meanings the judges never envisioned, in the hands of advocates who, in 1954, nobody could have expected. Whatever else it was, the decision was that vital ingredient to be coupled with any kind of action: an idea whose time had come. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Copyright is one of those topics over which even two saints disagreed. The legend has it that Saint Columba and Saint Finnian engaged in an argument as Columba had secretly, and without the latter’s permission, copied a Latin Psalter owned by Finnian. When Finnian found out about it, he requested the copy, but Columbia refused to give it back. Dermott, the King of Ireland, decreed “to every cow belong its calf, so to every book belong its copy.”
In 1925 the former Assistant Register of Copyrights in the United States, Richard De Wolf, pointed out that “the progress of copyright law does not take place by revolutions, but by successive stages. It resembles the growth of a city, in which, as time goes on, some parts are torn down and others are devoted to new uses..” However, this process has been historically riddled with controversy and disagreement, and not only among saints.
Authorship rights and other questions related to the intellectual property became issues of major importance with the advent of the industrial revolution, in particular, with the advancement of printing technologies. Even figures like Charles Dickens were concerned with the free circulation of British books abroad. English statutes to protect intellectual property were adopted as early as in 1624. As the international legal mechanisms protecting intellectual property have solidified, the critique, mainly emanating from the global south, about its monopolizing and exclusionary nature has intensified as well.
The Universal Declaration of Human Rights contains provisions regarding the protection of private property as well as intellectual property. In particular, Article 27 of the Universal Declaration of Human Rights provides that “everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.”
But is it proper to think of the world of ideas and knowledge, the world, which as Rajshree Chandra argues, is inexhaustible and socially distributed, in the same way as we think of the world of tangibles such as clothes, cars, or houses? And what are the main problems associated with relying on normative justifications for private property while we consider moral underpinnings of property rights over knowledge? And if indeed the moral groundings of the right to intellectual property are the same as those of the right to the ownership of property, what conclusions should be made from the distributional consequences of the transnational enforcement of these rights?
Chandra takes up all these questions and more in her fine new book Knowledge as Property, Issues in the Moral Grounding of Intellectual Property Rights (Oxford University Press, 2010). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
One hallmark of important art, in any medium, is a thoughtful relation with artistic precursors. Every artist reckons with heroes and rivals, influences and nemeses, and the old work becomes a part of the new. In Adam Bradley’s seminal monograph on hip-hop lyrics, Book of Rhymes, legendary MC Mos Def describes his desire to participate in posterity: “I wanted it to be something that was durable. You can listen to all these Jimi records and Miles records and Curtis Mayfield records; I wanted to be able to add something to that conversation.”
In the last thirty years, technology has transformed the conversation between past and present musicians: it is now possible to quote a previous work not only note for note, but byte for byte. The turntable and the sampler are the hip-hop artist’s quintessential instruments. The culture of hip-hop bricolage, coupled with intense commercial pressures in the recording industry and an inevitable proliferation of rip-off artists, has created difficult challenges for copyright law and for the concept of licensing. Several cultures must adapt to each other, and often they are doing so in the courtroom.
In a study both comprehensively theoretical and rich with the voices of musicians and producers, Kembrew McLeod and Peter DiCola have addressed together both the legal and the cultural implications of digital sampling in the music industry. Creative License: The Law and Culture of Digital Sampling (Duke University Press, 2011), in tandem with related multimedia projects from the Future of Music Coalition, lays out what they have learned and suggests a way forward for the industry in the digital age. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
What kind of education are students at top American law schools getting? And how does that education influence their activities upon graduation? In Walter Olson‘s Schools for Misrule: Legal Academia and an Overlawyered America (Encounter Books, 2011), the author, an economist and not a lawyer, looks at what is happening at our nation’s elite law schools, and its implications for citizens, businesses, and taxpayers. Olson, a Senior Fellow at the CATO Institute, describes what he calls the consensus view of law school faculties, and how hard it is for law students to find alternative points of view. He describes how the litigation explosion’s origins stem from the views of one influential professor, and the costs that this “American disease” imposes on our economy. In addition, he describes some revealing conflicts between trial lawyers and their allies that reveal the financial incentives motivating the testimony of certain scholars in favor of costly and often frivolous lawsuits. Read all about it, and more, in Olson’s penetrating new book.
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Wrongful conviction is, both morally and practically, the worst mistake that society can inflict on an individual. From Franz Kafka to Errol Morris, from Arthur Koestler to Harper Lee, Western culture is deeply shaken at the prospect of the innocent person condemned. Outside of fiction, it used to be nearly impossible to prove a convict’s innocence to a level of certainty that could overturn the judgment of a jury: after all, twelve peers have found that it would be unreasonable even to doubt his guilt. In the absence of procedural error, society lacked any way to correct such a verdict. But in the late nineteen-eighties, with the advent of reliable DNA testing, that changed.
One wrongful conviction is a tragedy; a hundred thousand wrongful convictions is a statistic. In his new book Convicting the Innocent: Where Criminal Prosecutions Go Wrong (Harvard UP, 2011), Brandon L. Garrett tries to bridge the gap between the two. Drawing on court records and archives at the Innocence Project, he presents an extensive analysis of two hundred and fifty erroneous convictions for extremely serious crimes. The data, unique in history, constitute a perfect ‘natural experiment’ for evaluating the weaknesses of the criminal-justice system. The stories Garrett brings to light are horrifying in their routine simplicity and in the absence of malice that led to such unjust results. Moreover, the exonerees’ faulty trials share many common elements, and the patterns of error Garrett has identified point the way toward crucial reforms. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Why did Reconstruction fail? Why didn’t the post-war Federal government protect the civil rights of the newly freed slaves? And why did it take Washington almost a century to intercede on the behalf of beleaguered, oppressed African Americans in the South? In a terrific new book, Charles Lane explains why. The Day Freedom Died. The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction (Henry Holt, 2008) tells the tale of a little-known though remarkably important incident: the murder of close to 100 freedmen by a posse of White supremacists in Louisiana in 1873. Charles does an excellent job of narrating this heart-wrenching and disturbing event. The book would be worth reading for that story alone. But he really comes into his own in describing the legal aftermath of the slaughter. With all the skill of a seasoned reporter–which he is–Charles chronicles the passage of the Colfax case from the courts of New Orleans to the U.S. Supreme Court. The result was a landmark decision–United States v. Cruikshank–that effectively placed the civil rights of Southern African Americans in the hands of Southern Whites for almost a century, with predictable results. A must-read for anyone interested in Reconstruction, constitutional law, and the sad history of race-relations in the United States. Please become a fan of “New Books in African American Studies” on Facebook if you haven’t already. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Franklin D. Roosevelt promised the country “bold, persistent experimentation” to address the Great Depression – but for quite a while his ideas were a little too bold for the justices of the Supreme Court, who struck down many New Deal laws as unconstitutional. FDR had his day: over the years he replaced many of those justices with his own men, New Dealers who then, as judges, worked boldly with the Constitution. Irascible, ingenious, and remarkably uncooperative, the four justices in Noah Feldman‘s Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices (Twelve, 2010) – Frankfurter, Douglas, Black, and Jackson – grappled with fundamental questions about government that are re-emerging in the Obama era. We have to answer them again, but Prof. Feldman has given us a constitutional handbook that is also an absorbing and entertaining quadruple biography. In our conversation, he situates the book among his other, quite disparate writings, and explains what lessons we should draw from the FDR Court for the current (remarkably similar) moment in politics and constitutional law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Clausewitz famously said war was the “continuation of politics by other means.” Had he been unfortunate enough to witness the way the Wehrmacht fought on the Eastern Front in World War II, he might well have said war (or at least that war) was the “continuation of politics by any means.” Hitler was terribly specific about this. The Slavs, he said, were Untermenschen (subhumans). The Communists were Judeo-bolschewisten (Jewish Bolsheviks). Soviet soldiers were keine Kameraden (not comrades-in-arms). The East was future German Lebensraum (living space). All this meant that the ordinary rules of armed conflict had to be suspended. The German armed forces were to conduct a Vernichtungskrieg, a war of annihilation.
The German military had never been in the business of wanton destruction. On the contrary, it prided itself on being the most professional fighting force in the world. It was admired for many things, but two of them were honor and loyalty. And it was the clash of these two otherwise laudable traits that got the Wehrmacht in deep trouble, for Hitler essentially ask the German military to choose between the two in the East. Would the army uphold the traditional, honorable ideal of civilized military conduct, or would it remain loyal to Hitler and prosecute his Vernichtungskrieg?
As Valerie Hebert shows in her remarkable Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg (University Press of Kansas, 2010), they chose the latter course. At Hitler’s request, they murdered civilians, starved prisoners of war, and enslaved occupied peoples by the millions. So it’s little wonder that after the war the victors called the leaders of the Wehrmacht to account for their thoroughly criminal behavior. And here they behaved no better, for they lamely claimed that they didn’t commit these outrages, didn’t know others were committing them, or were under orders so they had no choice. When they did admit to killing thousands in one or another Aktion, they claimed it was military necessity or that they were forced to be brutal because the Soviets were more brutal still (a pathetic instance of blaming the victim).
Given the setting (their honor and even lives were on the line), it’s not surprising that they lied and rationalized. What is more unsettling is that they showed little or no remorse for what they had done (during or after the trials) and that they enjoyed considerable sympathy within the German population. As Valarie points out, the Germans mounted large campaigns both against the Nuremberg proceedings and for the release of the Wehrmacht-criminals after they had been incarcerated. The former were unsuccessful, though the latter resulted in the premature release of nearly all those convicted in the Wehrmacht trials.
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Most everyone has heard of the Nuremberg Trials. Popular books have been written about them. Hollywood made movies about them. Some of us can even name a few of the convicted (Hermann Goering, Albert Speer, etc.). But fewer of us know about what might be called “Nuremberg East,” that is, the Toyko trials held after the defeat of the Japanese in World War Two. These proceedings generated few books, no movies, and therefore occupy only a minor place in Western historical memory. Thanks to Yuma Totani’s excellent book, The Tokyo War Crimes Trials. The Pursuit of Justice in the Wake of World War II (Harvard, 2008; also available in Japanese here), that may change. We should hope it does, because the Tokyo trials were important. They not only helped the Japanese come to terms with what their government and military had done during the war (truth be told, they are still coming to terms with it today), but it also set precedents that are still being applied in international law today. More than that, Totani offers a challenging interpretation of the trials. They weren’t so much “victor’s justice” (the common interpretation in Japan) as a lost opportunity. Reading her book one can’t help but get the feeling that the Americans and their confederates bungled the trials badly. Instead of trying to establish personal responsibility in all cases, the Allies simply arrested the upper echelons of the Japanese civil and military elite and selected those who were “representative” for indictment. Those who were not indicted–though probably just as culpable as those who were–were set free, giving rise to the myth that they had brokered deals with the Americans. The prosecution was headed by an inattentive alcoholic (Joseph Keenan) who preferred interrogating the accused to gathering hard documentary evidence. The defense was comprised of ill-prepared Japanese attorneys and their less-than-helpful Allied aids. Confusion reigned in the courtroom. And of course there were significant translation problems throughout. The trials were something of a farce. I always wondered why many Japanese today don’t think very highly of the Tokyo proceedings. Now, thanks to Yuma Totani’s informative book, I have a better understanding of why.
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Did you ever wonder how we got from a moment in which almost everything on film could be censored (the Progressive Era) to the moment in which nothing on film could be censored (today)? From the Nickelodeon to Deep Throat? The answer is provided by Laura Wittern-Keller and Raymond J. Haberski in their wonderful new book The Miracle Case: Film Censorship and the Supreme Court (University of Kansas Press, 2008). You’ve probably never heard of “The Miracle” or the case it launched in 1949. It’s a short film by Roberto Rossellini about a deranged women who, having slept with a man she believes is St. Joseph, gives birth to a child in a deserted mountain church. Fellini has a bit part (as “Joseph”). Critics generally liked it; Catholics in New York generally didn’t. The Church mounted a campaign against the film and the authorities relented: “The Miracle” was banned on the grounds that it was “sacrilegious.” In 1949, those were fine grounds. Not for long. The film’s distributor–the feisty Joseph Burstyn–fought for the right to exhibit it all the way to the Supreme Court in 1952. And he won. Between 1952 and 1965, the states got out of the film-censorship business and we entered a new era of free-speech absolutism when it comes to film. One wonders if that’s a good thing.
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This week we interviewed Laura Wittern-Keller about her new book, Freedom of the Screen: Legal Challenges to Film Censorship 1915-1981. Both well written and extremely well researched, Freedom of the Screen takes the reader case by case through the history of film censorship in the United States. Dr. Wittern-Keller is a visiting assistant professor of history and public policy at the University at Albany (SUNY) and is also the recipient of the New York State Archives Award for Excellence in Research. Francis G. Couvares, author of Movie Censorship and American Culture, claims that “[Dr. Wittern-Keller’s] research is prodigious and fills a significant gap in the field. All who are engaged in this field will have to incorporate her findings into their stories of movie censorship.”
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