New Books in Law

Nikki Luke, "Electric Life: Utility Regulation and the Fight for Energy Democracy" (MIT Press, 2026)

Fri, 24 Apr 2026 08:00:00 -0000

Electric Life: Utility Regulation and the Fight for Energy Democracy (MIT Press, 2026) by Dr. Nikki Luke traces the intertwined history of Atlanta’s racialized uneven development and growing electricity use to show how electricity infrastructure shapes everyday life. Nikki Luke looks at how quotidian relationships with the electric utility catalyze intersectional organizing for energy democracy. She also investigates the legal and material construction of the investor-owned utility as a regulated monopoly and the state public service commission that regulates it.
Contemporary organizing for energy democracy questions how the utility and the systems that govern it need to change to ensure energy affordability, provide remedy and reparation for enduring environmental and energy injustice, and build a just and equitable energy transition from fossil fuels. Bridging urban, environmental, and labor studies, the author demonstrates how these demands to change the utility emerge from the tradition of civil rights, labor, and environmental organizing for fair treatment from the utility, affordable energy, protection from pollution, and good jobs. The book is available Open Access.

This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts.

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How Bolsonaro was Convicted: The Role of the Judiciary During and After Autocratization

Fri, 24 Apr 2026 08:00:00 -0000

Former Brazilian president Bolsonaro was found to have attempted a coup after losing the 2022 presidential elections, and he was convicted to 27 years in prison. Such a conviction is unusual both for Brazil and in global comparison and speaks to the difficult but crucial role the judiciary can play when an elected leader tries to concentrate power and exceed constitutional constraints. In this second PPP episode about Brazil (you can listen to the first one, on the role of the military, here), host Licia Cianetti talks to Luciano Da Ros and Manoel Gehrke about the role the courts played in Bolsonaro’s downfall, based on their recent article “How to Bring Authoritarians to Justice” published in the January 2026 issue of the Journal of Democracy.

Transcript here

Guests:

Luciano Da Ros is Associate Professor of political science at the Federal University of Santa Catarina, Brazil. His research explores the links between democracy, judicial politics, corruption and anticorruption, particularly in Latin America, and he is the co-author of the book Brazilian Politics on Trial: Corruption and Reform under Democracy (Lynne Rienner, 2022).

Manoel Gehrke is a Research Fellow at the University of Pisa, Italy, and former Research Fellow at CEDAR. He works on political accountability, contemporary threats to democracy, judicial politics, and the political economy of environmental degradation. He has published widely on the causes and consequences of prosecuting and convicting former heads of government.

Presenter:

Licia Cianetti is Associate Professor at the University of Birmingham and Founding Deputy Director of CEDAR.

The People, Power, Politics podcast brings you the latest insights into the factors that are shaping and re-shaping our political world. It is brought to you by the Centre for Elections, Democracy, Accountability and Representation (CEDAR) based at the University of Birmingham, United Kingdom. Follow us on LikedIn

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Masako Ichihara, "Climate Change Litigation in Japan: Cases, Challenges, and Opportunities for Environmental Law" (Brill, 2026)

Sun, 19 Apr 2026 08:00:00 -0000

Climate Change Litigation in Japan: Cases, Challenges, and Opportunities for Environmental Law (Brill, 2026) provides the details of Japanese climate litigation, positioning them both within the global trends of climate litigation and on the trajectory of Japanese past pollution lawsuits. It identifies the barriers that hinders the number of climate cases in Japan, a country known with a significant low litigation use. It then discusses the future prospects for climate change litigation in Japan by comparing with tobacco litigation in the United States. This original work makes a significant contribution to the international academic community, by describing Japan's climate cases, previously little known internationally.

Masako Ichihara, Ph.D. (2021), Kyoto Univeristy, is Program-specific Assistant Professor at the Unit of the Environment and Law, Center for Interdisciplinary Studies of Law and Policy, Kyoto University.

Caleb Zakarin is the CEO and Publisher of the New Books Network.

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Manuel Barcia, "Pirate Imperialism: Trade, Abolition, and Global Suppression of Maritime Raiding, 1825–1870" (Yale UP, 2026)

Sat, 18 Apr 2026 08:00:00 -0000

In the middle decades of the nineteenth century, imperial powers around the world came into direct confrontation with local resistance in the form of maritime raiding. From the Atlantic basin to the western Mediterranean Sea, the Persian Gulf and the east coast of Africa, and Southeast Asia and China, imperial powers claimed that progress was being held back by the barbarity and greed of pirates, who repeatedly attacked imperial vessels. The suppression of piracy, justified under the banner of spreading civilization and free trade and abolishing slavery and the slave trade, provided both western and non-western powers with a back door for territorial expansion and the enforcement of imperialist agendas.

In Pirate Imperialism: Trade, Abolition, and Global Suppression of Maritime Raiding, 1825–1870 (Yale UP, 2026), Professor Manuel Barcia tells the story of these conflicts, showing how imperialist powers frequently used anti–maritime raiding efforts as excuses to cement western supremacy in various parts of the world, while simultaneously resorting to violent means that were indistinguishable from the methods of those they accused of being pirates.

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Victor Li, "Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process" (Palgrave Macmillan, 2025)

Wed, 15 Apr 2026 08:00:00 -0000

Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process (Palgrave Macmillan, 2025) examines the 1930 Supreme Court nomination of John J. Parker, a turning point in American judicial politics. Alarmed by some of his past statements and opinions, labor and civil rights groups mounted a fierce campaign to block his confirmation. Not only was control of the Supreme Court hanging in the balance, but Parker's nomination symbolized a profound clash of ideologies, political agendas, economic doctrines, and interpretations of the Constitution. Their efforts sparked a dramatic Senate revolt, marking the first successful grassroots campaign to block a Supreme Court nominee.

By exploring the circumstances of Parker's rejection, this book traces how that battle laid the foundation for today's highly partisan and contentious confirmation process. The book also reintroduces Parker as a consequential but largely forgotten figure in American jurisprudence--one whose rulings helped shape the South's legal response to Brown v. Board of Education. Beyond the nomination fight, it delves into Parker's political campaigns, judicial opinions, and relationships with key public figures, charting his dramatic rise, humiliating defeat, and enduring influence.

Packed with intrigue, strategy, and the clash of competing ideologies, this is the story of how one nomination forever changed the rules of the game.

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Lisa Siraganian, "The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots" (Verso, 2026)

Tue, 14 Apr 2026 08:00:00 -0000

Over the last twenty-five years, the concept of per-sonhood has become central to many contentious debates. Corporations have won free speech protections, as if they were individuals. The right to life or freedom has been claimed on behalf of fetuses, trees, and elephants. The fund of human rights is spilling over into the nonhuman.
Lisa Siraganian’s The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots (Verso, 2026) reveals the unsettling consequences of granting rights to imagined persons, such as Sophia the robot citizen or New Zealand’s Whanganui River. Synthesizing the political and philosophical debates on personhood and drawing on a varied cast of thinkers that includes Simone Weil, Hannah Arendt, and Dr. Seuss, Siraganian uncovers the disturbing impact of this contemporary development. Awarding rights to robots and rivers all too easily becomes a legal tool to turn people into capital. When robot Sophia is made a citizen, “she” is transformed into a subject in the law without the corresponding legal duties that protect us from her.
At the root of this trend is the US Supreme Court’s Citizens United ruling that grants First Amendment rights to corporations as if they were individuals. The result has not been the transformation of things into humans so much as humans into things, when animals and the environment would be better protected with reference to our humanity rather than to theirs.

Lisa Siraganian is the J. R. Herbert Boone Chair in Humanities and Professor in the Department of Comparative Thought and Literature at Johns Hopkins University (Baltimore, Maryland, USA). Her work has won multiple awards and has been supported by fellowships from the American Academy of Arts and Sciences, the National Endowment of the Humanities, the American Council of Learned Societies, and the Andrew W. Mellon Foundation. Siraganian has written award-winning scholarly monographs that bridge literary criticism, art criticism, and legal and philosophical scholarship. More recently, she was the Editor of the Norton Anthology of American Literature, 10th edition, Volume D (1914-1945) (2022).

Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at tw2468@columbia.edu.

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Tim Connor et al., "Global Business and Local Struggle: Reimagining Non-Judicial Remedy for Human Rights" (Cambridge UP, 2025)

Fri, 10 Apr 2026 08:00:00 -0000

In the quest for human rights justice for communities and workers whose rights are breached by transnational businesses, non-judicial mechanisms (NJMs) are often deployed, but how effective are they? Global Business and Local Struggle: Reimagining Non-Judicial Remedy for Human Rights (Cambridge UP, 2025) creates a blueprint for reforming transnational human rights NJMs and for helping communities and workers to use them. Through 587 interviews with 1100 individuals over five years of research in Indonesia and India, the authors delve into the practical workings of NJMs in diverse industries and contexts. The findings reveal that while NJMs are limited in providing standalone remedies, they can play a valuable role within a broader regulatory ecosystem. Combining rich empirical data, multi-method analyses and a new theoretical framework, the authors argue for a multi-pronged approach to human rights redress. Their findings will advance both academic and policy debates about the merits and shortcomings of NJMs.

Interview with Tim Connor and Fiona Haines.

Interview by Caitlin Murphy, Lecturer, RMIT University and Fellow, Laureate Program on Global Corporations and International Law.

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Emotions of LGBT Rights

Mon, 06 Apr 2026 08:00:00 -0000

In this episode of High Theory, Saronik talks to Senthorun Raj about the Emotions of LGBT Rights. Emotions from disgust and fear to love and joy shape the legal frameworks that attempt to govern human sexual behavior around the world. Sen cautions against dividing emotions into good and bad, but instead asks us to take a critical stance on all emotions, to understand how they shape our policies.

In the episode, we talk about Sara Ahmed, the Stonewall Riots, conversion therapy, and efforts to mandate for and against inclusive sex education. The transcript lives here as a WordDoc and here as a PDF.

Sen’s book, The Emotions of LGBT Rights and Reforms: Repairing Law (Edinburgh University Press 2025) uses emotion as a novel analytic lens to understand, analyse, and critique the relationship between individual, interpersonal, and institutional conflicts over LGBT rights. Emotions are central to the pursuit, organisation, and contestation of lesbian, gay, bisexual, and transgender (LGBT) rights in law. Drawing from critical legal theories, this book cultivates the concept of “emotional grammar” to show how emotions structure law reform pursuits by threading together Hansard, legislation, case law, law reform consultations, and statutory guidance. By doing so, it explains why addressing this emotional grammar is important for scholars, lawyers, judges, legislators, and activists seeking to navigate conflicts over LGBT rights and reforms that aim to repair the inequalities faced by LGBT people.

Senthorun Raj is an academic human rights lawyer with expertise in issues of race, gender, sexuality, and culture. He works as a Reader in Human Rights Law at Manchester Metropolitan University. Sen’s research and teaching interests include LGBTIQ+ rights, emotion, culture, equalities and human rights law, legal education, and critical legal theory. His latest monograph, builds on his previous book, Feeling Queer Jurisprudence: Injury, Intimacy, Identity (Routledge, 2020), which explored the ways emotions shape legal judgments that enable progress for LGBT people. He is also the co-editor of The Queer Outside in Law: Recognising LGBTIQ People in the United Kingdom (Palgrave, 2020) and Queer Judgments (Counterpress, 2025).

The image for this episode is a coloured lithograph, from 1868, depicting a double rainbow, by René Henri Digeon after Étienne Antoine Eugène Ronjat. It was sourced by Lili Epstein for High Theory from the Wellcome Collection.

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Susan Goodier and Karen Pastorello, "Women Will Vote: Winning Suffrage in New York State" (Cornell UP, 2017)

Sat, 04 Apr 2026 08:00:00 -0000

The book, Women Will Vote: Winning Suffrage in New York State (Cornell UP, 2017) is Susan Goodier and Karen Pastorello’s efforts to account for the origins and strategies of the women's suffrage movement in the New York State. The book dwelled on evolution of the women’s suffrage movement in the progressive era and discusses the various suffragist strategies employed in quest for women’s right to franchise from early legislative petitions to more innovative marketing approaches. It explains how the women’s suffrage movement evolved over time, using various tactics like petitions, parades, and door-to-door canvassing. The book highlights the diverse groups that supported the suffrage movement, including rural women, working-class immigrants, and African American women, all united by their common interest in gaining the right to vote. The book also acknowledges the different ideologies of the suffragist groups and their approaches to activism.

Mariam Olugbodi is a university teacher and a writer, she is the author of the monograph titled: “Stylistic Features in the 2011 and 2012 Final Matches Commentaries in the UEFA Champions League”, published by Grin Verlag. Mariam’s greatest dream is seeing a world where knowledge is accessible to all. She does this through her volunteering roles on open knowledge platforms as a host and an editor. As part of her effort to maintain inclusion and diversity in knowledge transmission, she volunteers as a teacher in crises contexts. Learn more and connect with Mariam through her social links @ LinkedIn | ORCID | Meta

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Lee Ann S. Wang, "The Violence of Protection: Policing, Immigration Law, and Asian American Women" (Duke UP, 2026)

Wed, 01 Apr 2026 08:00:00 -0000

The Violence of Protection: Policing, Immigration Law, and Asian American Women (Duke UP, 2026) examines U.S. laws designed to rescue immigrant survivors from gender and sexual violence only if they agree to cooperate with policing. Drawing upon ethnographic stories with legal and social service advocates who work with Asian immigrant women, the book engages abolition feminisms and antiblackness to critique "victim" as a genre of the human in law and produced through racial configurations of the model minority myth and the good/bad immigrant paradigm.

Author Lee Ann S. Wang is an Assistant Professor of Asian American Studies. She is also a Co-PI on the research initiative, Anti-Asian Violence: Origins and Trajectories, housed at UC Berkeley’s Center for Race and Gender.

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Robert Cribb and Sandra Wilson, "Twelve Japanese War Criminals and One Who Got Away" (U Hawaiʻi Press, 2026)

Wed, 01 Apr 2026 08:00:00 -0000

“Japanese war crimes are notorious. During the Second World War, as Japanese forces overran Southeast Asia and the Pacific, they massacred, murdered, raped, and tortured Asians and Westerners who fell into their hands. They also mistreated hundreds of thousands of prisoners of war (POWs) and civilian internees. After the war ended in 1945, the victorious Allied powers conducted trials in which they brought Japanese perpetrators to justice, as they also did with Germans in Europe…

In this provocative new book, Twelve Japanese War Criminals and One Who Got Away, published by University of Hawaiʻi Press (2026), historians Robert Cribb and Sandra Wilson analyse thirteen case studies of Japanese war crimes. They attempt to answer a crucial question with contemporary relevance, how does one become a war criminal?

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Jeanne-Marie Jackson, "The Letter of the Law in J. E. Casely Hayford's West Africa" (Princeton UP, 2026)

Tue, 31 Mar 2026 08:00:00 -0000

The African Gold Coast writer and statesman J. E. Casely Hayford (1866–1930) was a key figure in liberal anticolonial thought as well as African and British imperial literary and intellectual history. In The Letter of the Law in J. E. Casely Hayford's West Africa (Princeton UP, 2026) Jeanne-Marie Jackson positions his career as an intriguing case study of anticolonial literature and politics. Jackson maps the contours of Casely Hayford’s thought through sustained attention to his written work within its Gold Coast and British imperial contexts, demonstrating the far-reaching conceptual and aesthetic resources of his elite legal background.
Treating Casely Hayford’s 1911 novel, Ethiopia Unbound, as a constitutional document and his legal writings as literary exemplars, Jackson breaks down artificial divisions between African textual traditions. The law, for Casely Hayford and his Fante nationalist peers, was intimately bound to the virtues they attached to textuality: clear-headedness, moderation, restraint, and public discernment. Jackson argues for this liberal disposition as a crucial and neglected part of anticolonial intellectual and political history. Colonial-era legal debates framed the rise of an influential, consummately modern Gold Coast leader deemed fit to steer ambitious new pan-African institutions, and, in Jackson’s telling, Casely Hayford emerges as his era’s most emblematic figure.

Jeanne-Marie Jackson is a Professor of English at Johns Hopkins University and the Director of the Alexander Grass Humanities Institute.

Elisa Prosperetti is an Assistant Professor of African and global history at NIE/NTU in Singapore.

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Colloquies on European Civil Procedure: A Conversation with Marco de Benito

Sat, 28 Mar 2026 08:00:00 -0000

This volume brings law to life through a free and lively dialogue on the new Model European Rules of Civil Procedure. In it, some of Europe's leading jurists engage in a free-wheeling discussion of the most important issues in procedural law today. With its elegant style and unconventional intellectual approach, Colloquies stands out as a rare gem of comparative legal literature.

Marco de Benito holds the Jean Monnet Chair in European Civil Procedure at IE University. His research focuses on comparative civil procedure, international arbitration, private law, and legal history. He arbitrates and advises on international matters.

Caleb Zakarin is CEO and Publisher of the New Books Network.

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Gijs Kruijtzer, "Justifying Transgression: Muslims, Christians, and the Law - 1200 to 1700" (de Gruyter, 2023)

Wed, 25 Mar 2026 08:00:00 -0000

How do people justify what others see as transgression? Taking that question to the Persian-Muslim and Latin-Christian worlds over the period 1200 to 1700, Justifying Transgression: Muslims, Christians, and the Law - 1200 to 1700(de Gruyter, 2023) shows that people in both these worlds invested considerable energy in worrying, debating, and writing about proscribed practices. It compares how people in the two worlds came to terms with the proscriptions of sodomy, idolatry, and usury. When historians speak of the gap between premodern practice and the legal theory of the time, they tend to ignore the myriad of justifications that filled this gap. Moreover, a focus on justification evens out many of the contrasts that have been alleged to exist between the two worlds, or the Muslim and Christian worlds more generally. The similarities outweigh the differences in the ways people came to terms with the various rules of divine law. The level of flexibility of the theologians and jurists in charge of divine law varied more over time and by topic than between the two worlds. Both worlds also saw the development of ever more sophisticated justifications. Amid the increasing complexity of justifications, a particular kind of reasoning emerged: that good outcomes are more important than upholding rules for their own sake.

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Joanna Siekiera ed., "NATO Stability Policing: Beneficial Tool in Filling the Security Gap and Establishing the Rule of Law, and a Safe and Secure Environment" (NATO Stability Policing Centre Of Excellence, 2024)

Wed, 25 Mar 2026 08:00:00 -0000

Since the end of the Cold War and the resurgence of great power competition on the world stage, NATO has been in a period of transition to adapting to the new international security environment that is mark by great instability and violations of international law. These types of situation have in recent years have been labelled "grey-zone" style threats that can be dangerous but may avoid the official legal definition of warlike activity.
To combat this concerning situation has arisen the concept of "Stability Policing" that helps ensure that the rule of law is established and preserved in the long run. This includes the effective cooperation between military and civil law enforcement together to achieving long-term stability in troubled areas.
The NATO Stability Policing Centre Of Excellence commissioned its own extensive three volume study NATO Stability Policing: Beneficial Tool in Filling the Security Gap and Establishing the Rule of Law, and a Safe and Secure Environment (2024)edited by Dr. Joanna Siekiera to investigate the nature and challenges of such stability operations.
The three volumes are available online:The Stability Policing Trilogy Volume I – Past
The Stability Policing Trilogy Volume II – Present The Stabilit y Policing Trilogy Volume III – Future

Dr. Joanna Siekiera is an expert in international law, NATO consultant, trainer, and educator. She has previously been featured on the New Books Network for 21st Century as the Pacific Century. Culture and Security of Oceania States in Great Power Competition (Warsaw University Press, 2023), Evolution on Demand: The Changing Roles of the U.S. Marine Corps in Twenty-first Century Conflicts and Beyond (Marine Corps University Press, 2025), and International Law and Security in Indo-Pacific: Strategic Design for the Region (Routledge, 2025).

Stephen Satkiewicz is an independent scholar with research areas spanning Civilizational Sciences, Social Complexity, Big History, Historical Sociology, Military History, War Studies, International Relations, Geopolitics, and Russian and East European history. He is currently the Book Review Editor for Comparative Civilizations Review.

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Doug Crandell, "Twenty-Two Cents an Hour: Disability Rights and the Fight to End Subminimum Wages" (Cornell UP, 2022)

Sat, 21 Mar 2026 08:00:00 -0000

In Twenty-Two Cents an Hour: Disability Rights and the Fight to End Subminimum Wages (Cornell UP, 2022), Doug Crandell uncovers the harsh reality of people with disabilities in the United States who are forced to work in unethical conditions for subminimum wages with little or no opportunity to advocate for themselves, while wealthy CEOs grow even wealthier as a direct result. As recently as 2016, the United States Congress enacted bipartisan legislation which continued to allow workers with disabilities to legally be paid far lower than the federal minimum wage. Drawing on ongoing federal Department of Justice lawsuits, the horrifying story of Henry's Turkey Farm in Iowa, and more, Crandell shows the history of the policies that have led to these unjust outcomes, examines who benefits from this legislation, and asks important questions about the rise of a disability industrial complex. Exposing this complex—which is rooted in profit, lobbying, and playing on the emotions of workers' parents and families, as well as the public—Crandell challenges readers to reexamine how we treat some of our most vulnerable fellow citizens. Twenty-Two Cents an Hour forces the reader to face the reality of this exploitation, and builds the framework needed for reform.

Doug Crandell is Public Service Faculty at the Institute on Human Development and Disability at the University of Georgia. For more than thirty years he has worked in disability advocacy, specifically the intersection of employment, economic justice, and much-needed systems change. Doug Crandell is the author of several book and novels, inlcuding most recently "They're Calling You Home."

My co-producer for this episode is Shea Tripp, a graduate student in the Department of Communication, Journalism and Public Relations at Oakland University.

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Sidra Hamidi, "After Fission: Recognition and Contestation in the Atomic Age" (Cambridge UP, 2026)

Sat, 21 Mar 2026 08:00:00 -0000

Nuclear status is typically treated as a stable feature of a state's capacity to possess, use, or build nuclear weapons. Challenging this view, After Fission: Recognition and Contestation in the Atomic Age (Cambridge University Press, 2026) by Dr. Sidra Hamidi reveals how states contest their nuclear status in the atomic age. By examining the legal structure of the Non-Proliferation Treaty, technical ambiguities surrounding nuclear testing, and debates over rights and responsibilities in the global nuclear regime, Dr. Hamidi argues that a state's nuclear status is not simply a function of technical capability. Instead, states actively contest the way they want their nuclear status to be presented to the world, and powerful states like the US, either recognize or reject these formulations.

By analysing key diplomatic junctures in Indian, Israeli, Iranian, and North Korean nuclear history, this book presents a theory of when and how states contest their nuclear status which has key policy implications for negotiating with ostensible “rogues” such as Iran and North Korea.

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Maria A. Sanchez, "Deference and Divergence in Regional Human Rights Courts" (Cornell UP, 2026)

Fri, 20 Mar 2026 08:00:00 -0000

In Deference and Divergence in Regional Human Rights Courts (Cornell UP, 2026), Dr. Maria A. Sanchez tackles a central tension in global governance: how international human rights courts balance their mandates with the imperative to respect national sovereignty. Despite having similar mandates, the world's three regional human rights courts—the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights—interpret their authority differently, leading to uneven regional enforcement of global human rights principles.

Dr. Sanchez traces how the geopolitical dynamics of each court's founding moments have manifested in contemporary disparities across the courts' jurisprudences—focusing on disputes involving freedom of expression, personal integrity rights, and LGBTQ+ rights. Her findings expose a paradox: the courts that were founded in the most inhospitable environments for human rights have ended up asserting the most expansive authority over governments.

Deeply researched and insightful, Deference and Divergence in Regional Human Rights Courts speaks to when and how international institutions can leverage authority to intervene in domestic affairs.

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Christopher Munn, "Penalties of Empire: Capital Trials in Colonial Hong Kong" (Hong Kong UP, 2025)

Tue, 17 Mar 2026 08:00:00 -0000

Who bore the burdens of empire?

Christopher Munn's Penalties of Empire: Capital Trials in Colonial Hong Kong (Hong Kong UP, 2025) explores how judges, juries, and lawyers strove to deliver justice during the 150 years when the death penalty was in force in Hong Kong. Nine main chapters focus on key capital trials in the first century of British rule. Among the cases are piracies, assassinations, and crimes of passion and desperation. These chapters describe the proceedings in court and the participants involved. They also explore the debates surrounding each case and the exercise or denial of mercy by governors. Two final chapters discuss the decline of the death penalty after World War II, its suspension after 1966, and the controversies leading to its formal abolition in 1993. Penalties of Empire traces the evolution of criminal justice at its highest levels. It also offers a prism for understanding some of the broader forces at work in Hong Kong’s history.

Christopher Munn served as an administrative officer in the Hong Kong Government and in various positions in the Hong Kong Monetary Authority. His publications include Anglo-China: Chinese People and British Rule in Hong Kong, 1841–1880 and (with May Holdsworth) Crime, Justice and Punishment in Colonial Hong Kong.

Lucas Tse is Examination Fellow at All Souls College, Oxford.

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Alex Powell, "Queering UK Refugee Law: Sexual Diversity and Asylum Administration" (Bristol UP, 2026)

Tue, 17 Mar 2026 08:00:00 -0000

Utilizing critical legal methodologies, Alex Powell's Queering UK Refugee Law: Sexual Diversity and Asylum Administration (Bristol UP, 2026) gives a vital and needed analysis of migration and queer life. With deep consideration to the role of systemic disbelief, experiences of dispersal away from urban areas, contemporary shifts in liberal human rights regimes, and even the impact on legal practitioners in the system, Queering UK Refugee Law offers insight into both refugee policy and practice.

Through interviews, analyses of case law, and a rigorous application of queer theory, Powell gives readers an understanding of not just UK asylum law, but the bureaucracies, policies, and assumptions that shape it. From narratives to state understandings of 'credibility,' Powell demonstrates not just barriers to asylum claims on the basis of sexuality, but broader concerns around normative state conceptions of identity. Queering UK Refugee Law is a timely and critical work on sexuality, migration, and its intersections.

Alex Powell is an Associate Professor in Law at Warwick Law School. His research focuses on law, gender, sexuality and migration, particularly in the UK.

Rine Vieth is an FRQ Postdoctoral Fellow at Université Laval. They are currently studying how anti-gender mobilization shapes migration policy, particularly in regards to asylum determinations in the UK and Canada.

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Michelle Adams, "The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North" (FSG Press, 2025)

Wed, 11 Mar 2026 08:00:00 -0000

In 1974, the Supreme Court issued a momentous decision: In the case of Milliken v. Bradley, the justices brought a halt to school desegregation across the North, and to the civil rights movement’s struggle for a truly equal education for all. How did this come about, and why?

In The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North (FSG Press, 2025), the esteemed legal scholar Michelle Adams tells the epic story of the struggle to integrate Detroit schools—and what happened when it collided with Nixon-appointed justices committed to a judicial counterrevolution. Adams chronicles the devoted activists who tried to uplift Detroit's students amid the upheavals of riots, Black power, and white flight—and how their efforts led to federal judge Stephen Roth’s landmark order to achieve racial balance by tearing down the walls separating the city and its suburbs. The “metropolitan remedy” could have remade the landscape of racial justice. Instead, the Supreme Court ruled that the suburbs could not be a part of the effort to integrate—and thus upheld the inequalities that remain in place today.

Adams tells this story via compelling portraits of a city under stress and of key figures—including Detroit’s first Black mayor, Coleman Young, and Justices Marshall, Rehnquist, and Powell. The result is a legal and historical drama that exposes the roots of today’s backlash against affirmative action and other efforts to fulfill the country’s promise.

Guest: Michelle Adams is the Henry M. Butzel Professor of Law at the University of Michigan. The former codirector of the Floersheimer Center for Constitutional Democracy at the Benjamin N. Cardozo School of Law, she served on the Biden administration’s Presidential Commission on the Supreme Court of the United States and as an expert commentator on the Netflix series Amend: The Fight for America and the Showtime series Deadlocked: How America Shaped the Supreme Court. Her writing has appeared in The New Yorker, The Yale Law Journal, California Law Review, and other publications. She was born and grew up in Detroit.

Host: Michael Stauch is an associate professor of history at the University of Toledo and the author of Wildcat of the Streets: Detroit in the Age of Community Policing, published by the University of Pennsylvania Press in 2025.

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Maud Anne Bracke, "Reproductive Rights in Modern France: Reproductive Rights in Modern France: Feminism, Contraception, and Abortion, 1950-1980 (Oxford UP, 2025)

Mon, 09 Mar 2026 08:00:00 -0000

The introduction of the principle of women's reproductive liberty in France, tentatively by the family planning movement after 1960 and explicitly by the women's liberation movement after 1970, marked a deep shift, transforming public discourses. Yet this principle remained fiercely contested, and moderate and conservative actors responded by foregrounding notions of 'reproductive responsibility', or the expectation that individuals perform the 'right' sexual and family-making behaviour, benefiting not only themselves and their families, but the nation at large. Such responsibilisation underpinned the legal reforms of the 1960s-70s, framing a notion of reproductive citizenship based on a tension between individual rights and social norms. Reproductive Rights in Modern France: Feminism, Contraception, and Abortion, 1950-1980 (Oxford UP, 2025) breaks new ground by taking an intersectional approach to the defining moments of this period: the legalisation of contraception (the laws of 1967 and 1974) and the liberalisation of abortion (1975, 1979). Drawing on a wide range of sources and actors - including feminist and family planning movements, government actors, demographers, medical-professional organisations, disability rights groups, and key actors in the overseas departments - Maud Bracke demonstrates how the discourse of responsibilisation allowed actors to distinguish between citizens 'worthy' of reproductive rights and those seen as less worthy. Bracke analyses the distinct regulations regarding contraception in the overseas departments of Guadeloupe and Martinique, framed by racialised anti-natalism. The book also demonstrates that disability rights organisations contributed to the discrediting of the notion of 'eugenic abortion', used among experts and policy-makers until the early 1970s. Furthermore, Bracke goes on to highlight the silence in the feminist movement around both disability rights and race as part of its universalisation of women's conditions of oppression, and analyses the emergence of Black Feminism in late-1970s France. In so doing, the book offers a major contribution to the history of sex, gender, family life, healthcare, demography, and political debate in post-war France, and more generally.

Guest Dr. Maud Bracke is Professor of Modern European History at the University of Glasgow, and is also the author of Which Socialism? Whose Detente? West European Communism and the Czechoslovak Crisis of 1968 in 2007 and Women and the Reinvention of the Political: Feminism in Italy (1968-1983) in 2014, as well as the co-editor of Translating Feminism: Interdisciplinary Approaches to Text, Place and Agency in 2021. In addition to authoring numerous journal articles and book chapters and co-editing several special issues of academic journalsb she is also an editor at the Journal of Modern European History and sits on various other editorial boards.

Host Gina Stamm is Associate Professor of French at The University of Alabama, with research concentrated on the environmental humanities and speculative literatures of the 20th and 21st centuries, from Surrealism to contemporary science fiction and feminist utopias, in Metropolitan France and the francophone Caribbean, with a book manuscript in progress on posthumanist ecological engagement in the surrealist movement.

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Amy Littlefield, "Killers of Roe: My Investigation Into the Mysterious Death of Abortion Rights" (Legacy Lit, 2026)

Fri, 06 Mar 2026 09:00:00 -0000

In Killers of Roe: My Investigation Into the Mysterious Death of Abortion Rights (Legacy Lit, 2026) reporter Amy Littlefield investigates the secret killers and hidden motives behind the death of abortion rights. They are going to kill people, investigative reporter for The Nation Littlefield knew, when the Supreme Court overturned Roe v. Wade. As a journalist covering abortion for more than a decade, she had already chronicled many near-death experiences caused by anti-abortion policy. After the anti-abortion movement's staggering defeat of Roe, she became fascinated with their victory and why they seemed so much better organized than the pro-choice movement. She set out to investigate the murderers of Roe. Killers of Roe chronicles Littlefield's journey into the unexplored corners of the most successful social movement of our time. As in every good murder mystery, the killers turn out to be the people you least suspect, like a disgraced former Congressman obsessed with offshore tax evasion and an unknown suburban bureaucrat who wrote America's most diabolical anti-abortion policy. She reports from a sweaty presidential tour bus in DC, a chaotic Michigan courtroom where a former fetus thief is on trial, and a Texas town that rejects an abortion travel ban. She encounters surprising characters who shed light on how we got to this moment of authoritarian rule: from the pro-choice superfans she meets at the Reagan library to the Senator who couldn't stop kissing every woman he met. Along the way, Amy draws upon the stories of women who have died from anti-abortion policies and on her own experience as a mother to reveal the life-and-death stakes of America's abortion wars. At once clever and poignant reportage, this abortion whodunnit uncovers the deeper story of how we lost Roe--and how we can win back so much more.

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David L. Eng, "Reparations and the Human" (Duke UP, 2025)

Tue, 03 Mar 2026 09:00:00 -0000

The Holocaust and the atomic bombings of Hiroshima and Nagasaki invoked in graphic terms the specter of total human destruction. In response, a new international order of reparations and human rights arose from the ashes of World War II. This legal regime sought to subrogate the sovereignty of the nation-state in order to defend the sovereignty of the human being. While the Holocaust’s history is settled—Nazis were perpetrators and Jews were victims—there remains little historical consensus as to the victims and perpetrators of the atomic bombings. In Reparations and the Human (Duke UP, 2025), David L. Eng investigates a history of reparations across the Transpacific. He analyzes how concepts of reparation established during colonial settlement and the European Enlightenment shape contemporary configurations of the human and human rights, determining who can be recognized as victims, who must be seen as perpetrators, and who deserves repair. As demands for reparations now occupy center stage in debates concerning unresolved legacies of dispossession and Transatlantic slavery, Eng considers how the Cold War Transpacific provides a limit case for the politics of repair and definitions of the human. This book is a sweeping genealogical investigation that moves from seventeenth-century land dispossession in the Americas to the irradiated histories of the Cold War Transpacific, asking a fundamental question: who is considered deserving of repair?

Deep Acharya is a PhD student and a George L. Mosse fellow of Modern European Cultural History at the University of Wisconsin-Madison working on the history of fatherhood in 20th century Germany.

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Zev Eleff et al. eds., "The Oxford Handbook of Jewish Law" (Oxford UP, 2025)

Fri, 27 Feb 2026 09:00:00 -0000

Jewish law, known as halakhah, is a unique legal system that has developed over a period of nearly two millennia, across multiple continents, and in innumerable different contexts. Dealing not only with ritual, Jewish law extends to virtually every aspect of life including ethics, business, war, and sex. This Handbook highlights foundational questions about the nature of Jewish law, emphasizing what distinguishes it from other legal systems and illuminating its vitality throughout history. The Oxford Handbook of Jewish Law (Oxford UP, 2025) navigates core issues such as halakhah's authority, its interpretation, and the meaningfulness of an ancient legal system in a modern period. With contributions from an interdisciplinary cast of authors, the Handbook spans law, history, sociology, and religion. Its chapters draw from a wide range of sources, including traditional texts such as Mishnah and Talmud, rabbinical codes, and legal opinions known as responsa. Moreover, chapters addressing pressing modern issues cover the material from diverse denominational perspectives. As halakhah remains deeply woven into the fabric of Jewish life and scholarship, The Oxford Handbook of Jewish Law offers readers an in-depth understanding of this rich and enduring legal tradition.

Zev Eleff is President and Professor of American Jewish history at Gratz College.

Roberta Rosenthal Kwall is the Raymond P. Niro Professor at DePaul University College of Law.

Chaim Saiman is Chair in Jewish Law at Villanova University Charles Widger School of Law.

Geraldine Gudefin is a modern Jewish historian researching Jewish migrations, family life, and legal pluralism. She is currently a Visiting Scholar at the Centre for Asian Legal Studies at the National University of Singapore, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

Mentioned in this episode:

Ronit Irshai and Tanya Zion-Waldoks, Holy Rebellion: Religious Feminism and the Transformation of Judaism and Women's Rights in Israel (Brandeis University Press, 2024).
Shari Rabin and Michael R. Cohen (eds.), The Oxford Handbook of American Jewish History (Oxford University Press, 2025).
Roberta Rosenthal Kwall, Remix Judaism: Preserving Tradition in a Diverse World (‎Rowman & Littlefield Publishers, 2022).
Chaim N. Saiman, Halakhah: The Rabbinic Idea of Law (Princeton University Press, 2018).
Benjamin Steiner, Translating the Ketubah: The Jewish Marriage Contract in America and England (University Alabama Press, 2025).

Essays from the Oxford Handbook of Jewish Law:

Chapter 15: Chaim Saiman, “Formalism in Jewish Law.”
Chapter 19: Roberta Rosenthal Kwall, “Lawmaking in the Conservative Movement: A Balance of Law and Norms.”
Chapter 21: Arye Edrei, “The Impact of Zionism on Jewish Law.”
Chapter 24: Rachel Levmore and Steven Gotlib, “Divorce and Agunah: Halakhic Responses to Modernity.”
Chapter 30: Zev Eleff, “Judaism and the Modern Family.”

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Jamila Michener and Mallory E. Sorelle, "Uncivil Democracy: How Access to Justice Shapes Political Power" (Princeton UP, 2026)

Wed, 25 Feb 2026 09:00:00 -0000

Each year, as many as 250 million Americans face civil legal problems like eviction, debt collection, and substandard housing. These problems are disproportionately shouldered by racially and economically marginalized people, particularly women of color. Civil courts and legal aid organizations are supposed to protect their rights, yet more than 90 percent of low-income people receive inadequate or no legal assistance. Instead, access to justice is reserved for those who can afford its high price. For those who can’t, the repercussions can be devastating, from homelessness and loss of public benefits to broken families and diminished health. Uncivil Democracy: How Access to Justice Shapes Political Power (Princeton UP, 2026) looks at the US civil justice system through the eyes of the people whose very citizenship is indelibly shaped by it. Jamila Michener and Mallory SoRelle show how civil legal problems, and the institutions meant to address them, greatly erode trust in the legal system among marginalized communities, undermining their broader sense of democratic citizenship and political standing. While legal representation offers vital protections, increased access to justice through an ever-growing supply of lawyers does not address the structural problems that generate demand for lawyers in the first place. Looking at cases involving unfair evictions and substandard housing, Michener and SoRelle demonstrate how community groups such as tenants’ unions can fill this justice gap and provide the means to build political power that transforms the conditions that create precarity. Drawing on eye-opening qualitative evidence and a wealth of historical and survey data, Uncivil Democracy explains why collective organizing holds the greatest promise for altering the systems that create civil legal problems and exercising the political power necessary for meaningful change.

Host Ursula Hackett is Reader in Politics at Royal Holloway, University of London, where she specialises in the study of public policymaking and litigation in the US. A former British Academy Mid-Career Fellow, she is the author of the award-winning book,America’s Voucher Politics: How Elites Learned to Hide the State (Cambridge University Press, 2020).

Jamila Michener is Professor of Government and Public Policy at Cornell University and inaugural director of the Center for Racial Justice and Equitable Futures. She is the author of the award-winning book, Fragmented Democracy: Medicaid, Federalism, and Unequal Politics (Cambridge University Press, 2018).

Mallory SoRelle is the Tony and Teddie Brown Associate Professor of Public Policy at the Sanford School of Public Policy at Duke University. She is the author of Democracy Declined: The Failed Politics of Consumer Financial Protection (University of Chicago Press, 2020), based on her award-winning doctoral dissertation.

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Andrea Mansker, "Matchmaking and the Marriage Market in Postrevolutionary France" (Cornell UP, 2024)

Tue, 24 Feb 2026 09:00:00 -0000

Matchmaking and the Marriage Market in Postrevolutionary France (Cornell UP, 2024) gives an historical account of the evolution of the matchmaking business during the Second Empire in France. The book explores how the matchmaking industry at the Postrevolutionary France was shaped by commodified stories of hope and fantasy, including democratization of the matchmaking business, which aroused the interest of democratized French audience, including lower-middle-class individuals, through exaggerated advertisements in the media productions. The book also gives an exposition on the period of French Revolution and how it significantly altered family legislation and marriage practices, leading to increased freedom in spouse selection and the rise of professional matchmakers like Claude Viome. The book highlights how the revolutionary reforms impact on marriage of the French populace, including the age reduction policy for the majority and lifting of parental consent for marriage, as well as introducing divorce by mutual consent in 1792.

According to Andrea Mansker, the changes in age and divorce policy, combined with increased mobility and changing social patterns in Paris, encouraged young people across classes to demand more freedom in spouse selection, leading Claude Viome to market his services as a way to bypass traditional family negotiations in courtship. The book relates the1804 Civil Code, explaining how it preserved revolutionary reforms like equality before the law but restored traditional family structures by treating married women and children as legal minors under their husband's authority. It exposes how divorce became less common and eventually outlawed in 1816, and detailed the French Supreme Court's 1855 ruling against matchmaker contracts, which viewed marriage as a sacred agreement distinct from commercial transactions.

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Allison Powers, "Arbitrating Empire: United States Expansion and the Transformation of International Law" (Oxford UP, 2024)

Mon, 23 Feb 2026 09:00:00 -0000

Arbitrating Empire: United States Expansion and the Transformation of International Law (Oxford UP, 2024) by Dr. Allison Powers offers a new history of the emergence of the United States as a global power-one shaped as much by attempts to insulate the US government from international legal scrutiny as it was by efforts to project influence across the globe. Drawing on extensive archival research in the United States, Mexico, Panama, and the United Kingdom, the book traces how thousands of dispossessed residents of US-annexed territories petitioned international Claims Commissions between the 1870s and the 1930s to charge the United States with violating international legal protections for life and property.
Through attention to the consequences of their unexpected claims, Dr. Powers demonstrates how colonized subjects, refugees from slavery, and migrant workers transformed a series of tribunals designed to establish the legality of US imperial interventions into sites through which to challenge the legitimacy of US colonial governance. One of the first social histories of international law, the book argues that contests over meanings of sovereignty and state responsibility that would reshape the mid-twentieth-century international order were waged not only at diplomatic conferences, but also in Arizona copper mines, Texas cotton fields, Samoan port cities, Cuban sugar plantations, and the locks and stops of the Panama Canal.
Arbitrating Empire uncovers how ordinary people used international law to hold the United States accountable for state-sanctioned violence during the decades when the nation was first becoming a global empire-and demonstrates why State Department attempts to erase their claims transformed international law in ways that continue to shield the US government from liability to this day.

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Sally Frances Low, "Colonial Law Making: Cambodia Under the French" (NUS Press, 2023)

Sun, 22 Feb 2026 09:00:00 -0000

In 1863 the French established a protectorate over the kingdom of Cambodia. The protectorate, along with Vietnam and Laos, later became part of the colonial state of French Indochina. Part of the French ‘civilizing mission’ in Cambodia involved reforming Cambodian law and legal processes.

Sally Low’s pioneering study, Colonial Law Making: Cambodia under the French (NUS Press, 2023), tells the story of the encounter between what she calls two different legal and social ‘cosmologies’: Cambodia’s indigenous legal tradition and modern French legal thinking. While the French claimed they were modernizing Cambodian law, in fact they imposed many elements of French law. Initially, they dispossessed the king of much of his judicial authority. But ironically, the French reform of Cambodian law retained the monarchy as the semi-divine source of law, and royal power was subsequently legally embedded into new national institutions, the law, and the constitutions. At independence in 1953, 90 years after the French began their protectorate, Cambodia’s King Sihanouk inherited this legal apparatus which had done so much to enhance the power of the executive over the judiciary.

Patrick Jory teaches Southeast Asian History in the School of Historical and Philosophical Inquiry at the University of Queensland. He can be reached at: p.jory@uq.edu.au.

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Mélanie Lamotte, "By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire" (Harvard UP, 2026)

Wed, 18 Feb 2026 09:00:00 -0000

From the beginning of the seventeenth century, French colonies and trading posts sprawled across the Atlantic and Indian Oceans. In the first pan-imperial history of the early French Empire in the English language, Mélanie Lamotte shows how an increasingly cohesive legal culture came to govern the lives of enslaved and free people of African, Malagasy, South Asian, and Native American descent. She also illuminates the important role played by these populations in the development of the empire, from Louisiana to Guadeloupe, Senegambia, Madagascar, Isle Bourbon, and India.

The early French Empire has often been portrayed as a fragmented conglomerate of isolated colonies or regions. Yet Lamotte shows that racial policies issued by the metropole, as well as by officials in the Atlantic and Indian Oceans, significantly influenced one another. Rather than focusing on the actions of administrators, however, Lamotte also reveals the extensive influence of people on the ground—especially those of non-European descent. Through their sexuality and their labor, along with their socio-economic and political endeavors, they played a critical role in building the empire and setting its limits. As they sought justice for themselves, strove to protect their kin, and aimed to improve their social conditions, these individuals also pushed against the advancement of white dominion in unexpected ways.

Archivally rich and rigorously documented, By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire (Harvard UP, 2026) illuminates the transoceanic connections that united the French colonial world—and recasts people of African, Malagasy, South Asian, and Native American descent as key actors in the story of empire-building.

This interview is conducted by Dr Lewis Wade, a Humboldt Research Fellow at the University of Bamberg. He is the author of the prize-winning Privilege, Economy and State in Old Regime France and can be found on Bluesky @wadehistory.bsky.social.

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Trump, the UN Charter, and the Strange Politics of International Law

Tue, 17 Feb 2026 09:00:00 -0000

International law scholars are often among the sharpest critics of the Trump administration—but what if the usual story misses something essential? In this episode, RBI interim director Eli Karetny speaks with NYU international law professor Robert Howse about Trump’s complicated relationship with the UN Charter system, from Gaza to Venezuela and Iran. The conversation also turns to political theory: Leo Strauss’s reputation as a neoconservative godfather, the shadow of Carl Schmitt, and how today’s MAGA New Right recycles older anxieties about liberalism, virtue, and masculinity.

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Lys Kulamadayil, "Pathology of Plenty: Natural Resources in International Law" (Bloomsbury 2025)

Fri, 13 Feb 2026 09:00:00 -0000

In Pathology of Plenty: Natural Resources in International Law (Bloomsbury 2025), Lys Kulamadayil offers a crucial examination of how international law shapes the exploitation of natural resources in post-colonial States. Kulamadayil reveals how international legal rules can be constitutive, punitive, remedial in creating the paradox of plenty in resource-rich States.

The book revisits the making of foundational principles like sovereignty over natural resources and economic self-determination as applied during decolonisation; explores how humanitarian frameworks have justified extraction of public natural resources; and traces the proliferation of international treaties that protect foreign property rights. The book also zooms in on legal paradigms ranging from contract law to anti-corruption, human rights, and criminal law, arguing that these frameworks often work together to create the pathology of plenty.

Through this interrogation, the book points to proposals to escape siloed ways of thinking about natural resources and embrace an intersectoral and anti-carceral thinking instead.

Lys Kulamadayil is a Swiss National Science Foundation Ambizione Fellow at the Graduate Institute of International and Development Studies in Geneva and the Principal Investigator of the project Law by Colour Code: Locating Race and Racism in International Law.

Raghavi Viswanath is a postdoctoral researcher and teaching fellow at SOAS, University of London. Her research, supported by the Leverhulme Trust, examines how pastoralists claim grazing rights under India’s Forest Rights Act 2006 and how the everyday processes of staking such claims has been impacted by the authoritarian turn in India. LinkedIn. Email:rv13@soas.ac.uk

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Charles Alistair McCrary, "Sincerely Held: American Secularism and Its Believers" (U Chicago Press, 2022)

Mon, 09 Feb 2026 09:00:00 -0000

"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.

Jacob Mchangama, "Free Speech: A History from Socrates to Social Media" (Basic Books, 2022)

Sun, 08 Feb 2026 09:00:00 -0000

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.

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Jessica Lake, "Special Damage: The Slander of Women and the Gendered History of Defamation Law" (Stanford UP, 2025)

Mon, 02 Feb 2026 09:00:00 -0000

In 1788, Mary Smith was ruined and banished from "civilised" society when her neighbor accused her of carrying a bastard child. To silence the ruinous rumors and vindicate her name, Smith sued him for defamation. But in court, she faced the onerous burden, entrenched within English law of sexual slander, of proving "special damage." Smith should have lost her case, but her action set off a remarkable reform movement.

In Special Damage: The Slander of Women and the Gendered History of Defamation Law (Stanford University Press, 2025), Dr. Jessica Lake offers a comparative legal history of gendered hate speech, verbal abuse, and sexual harassment across 19th-century America, Australia, and England. Drawing upon original archival material, she tracks the creation of the Slander of Women reforms that made it easier for women to sue when called "whores." Dr. Lake reveals, for the first time, the cases brought by women that spurred and benefitted from these reforms. In doing so, she details how debates about women, speech, and reputation circulated through transnational common law networks, connecting countries, colonies, and continents.

The Slander of Women movement furthered legal protections for women, but also created links between ideas of whiteness, femininity, chastity, and civilization. Special Damage tells a compelling story that questions the costs and compromises of legal progress in a patriarchal and unequal "civilised" New World.

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Michael Stambolis-Ruhstorfer, "By the Power Vested in Me: How Experts Shape Same-Sex Marriage Debates" (Columbia UP, 2025)

Fri, 30 Jan 2026 09:00:00 -0000

In both the United States and France, each side of the legal battle over same-sex marriage and parenthood relied heavily on experts. Despite the similarity of issues, however, lawmakers in each country turned to different sets of authorities: from economists and psychoanalysts to priests and ordinary people. They even prized different types of expertise—empirical research in the United States versus abstract theory in France.
Exploring the legalization of same-sex marriage in the United States and France, Michael Stambolis-Ruhstorfer sheds new light on the power of experts to influence high-stakes democratic debates. Drawing on extensive interviews and ethnographic observation, Michael Stambolis-Ruhstorfer traces the divergences between the two countries, showing why some experts are ubiquitous in one but absent in the other. He argues that lawmakers, judges, lawyers, journalists, and activists covet something only experts can provide: the credibility and aura of authority, or “expert capital,” which they deploy to advance their agendas. Expert capital is not derived from scientific or technical merit alone but is produced through cultural norms, material resources, and social relationships, which vary greatly across national contexts.
Through the story of the fight over gay rights, By the Power Vested in Me: How Experts Shape Same-Sex Marriage Debates (Columbia UP, 2025) reveals how and why certain experts—but not others—obtain the authority to shape public opinion and policy. At a time of soaring public distrust in experts, this book offers new ways to understand the contested political role of expertise and its consequences.

Michael O. Johnston, Ph.D. is an Associate Professor of Sociology at William Penn University, where he specializes in the cultural and interpretive study of space, behavior, and identity. His scholarship examines how designed environments shape social interaction, connectedness, and moral life across diverse settings. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His current research projects include the study of escape rooms as emotion-structured environments, temporal urban environments in rural historical towns, student experiences of hanging out and being at home while at college and university, and a more recent study on the making of rodeo. To learn more about his work, visit his personal website, Google Scholar profile, or connect with him on Bluesky (@professorjohnst.bsky.social) or Twitter/X (@ProfessorJohnst). He can also be reached directly by email.

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Ghost in the Criminal Justice Machine

Thu, 29 Jan 2026 09:00:00 -0000

Despite reform efforts that have grown in scope and intensity over the last two decades, the machine of American mass incarceration continues to flourish. In Ghost in the Criminal Justice Machine: Reform, White Supremacy, and an Abolitionist Future, formerly incarcerated activist and organizer Emile Suotonye DeWeaver argues that the root of the problem is white supremacy.

During twenty-one years in prison, DeWeaver covertly organized to pass legislation impacting juveniles in California’s criminal legal system; was a culture writer for Easy Street Magazine; and co-founded Prison Renaissance, an organization centering incarcerated voices and incarcerated leadership. DeWeaver draws on these experiences to interrogate the central premise of reform efforts, including prisoner rehabilitation programs, arguing that they demand self-abnegation, entrench white supremacy, and ignore the role of structural oppression.

DeWeaver intervenes in contemporary debates on criminal justice and racial justice efforts with his eye-opening discussion of the tools we need to end white supremacy—both within and outside the carceral setting. Ghost in the Criminal Justice Machine adds a sharp and unique perspective to the growing discourse on racial justice, incarceration, and abolition.

This episode considers: parole boards; hidden factors that extend sentences; how power is structured; why most reforms repackage inequality; and ways to restructure power.

Our guest is: Emile Suotonye DeWeaver, who is a formerly-incarcerated activist and a 2022 Soros Justice Fellow. California’s Governor Brown commuted his life sentence after twenty-one years for his community work. He has written for publications including the San Francisco Chronicle, the San Jose Mercury News, Colorlines, The Appeal, The Rumpus, and Seventh Wave.

Our host is: Dr. Christina Gessler, who is an academic writing coach and editor. She is the creator, producer and show host of the Academic Life podcast.

Playlist for listeners:

Welcome to Academic Life, the podcast for your academic journey—and beyond! You help support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 300+ Academic Life episodes? Find them here. And thank you for listening!

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Karin Wulf, "Lineage: Genealogy and the Power of Connection in Early America" (Oxford UP, 2025)

Tue, 27 Jan 2026 09:00:00 -0000

In eighteenth-century America, genealogy was more than a simple record of family ties—it was a powerful force that shaped society. Lineage: Genealogy and the Power of Connection in Early America (Oxford UP, 2025) by Dr. Karin Wulf delves into an era where individuals, families, and institutions meticulously documented their connections. Whether driven by personal passion or mandated by churches, local governments, and courts, these records appeared in diverse forms-from handwritten notes and account books to intricate silk threads and enduring stone carvings.
Family connections wielded significant influence across governmental, legal, religious, cultural, and social spheres. In the American context, these ties also defined the boundaries of slavery and freedom, with a child\'s status often determined by their mother, despite the prevailing patriarchy. This book reveals the profound importance of genealogy that was chronicled by family records, cultural artifacts, and court documents. These materials, created by both enslaved individuals seeking freedom and founding fathers seeking status, demonstrate the culturally and historically specific nature of genealogical interest.
Even as the American Revolution transformed society, the significance of genealogy endured. The legacy of lineage from the colonial period continued to shape the early United States, underscoring the enduring importance of family connections. Lineage offers a deep understanding of genealogy as a foundational element of American history, illuminating its vital role from the colonial era through the birth of the nation.

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George Fisher, "Beware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs" (Oxford UP, 2024)

Mon, 26 Jan 2026 09:00:00 -0000

George Fisher, the Judge John Crown Professor of Law at Stanford Law School, just released his new book Beware Euphoria: The Moral Roots and Racial Myths of America’s Drug War, with Oxford University Press. George has been teaching and writing in the realms of evidence, prosecution practice, and criminal legal history since 1995. He began practice as a prosecutor in Massachusetts and later taught at the law schools of Boston College, Harvard, and Yale. Beware Euphoria is the most recent among a slew of other books, articles, and essays that he’s published over the years, and perhaps the most contrarian. In this interview, George discusses his research methods and how he came to the conclusion that the history of America’s drug war, while racially motivated, was not meant to target minorities, but protect the morals and health of America’s white youth.

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.

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Simon Devereaux, "Execution, State and Society in England, 1660–1900" (Cambridge UP, 2023)

Sun, 25 Jan 2026 09:00:00 -0000

Execution, State and Society in England, 1660–1900 (Cambridge UP, 2023) by Dr. Simon Devereaux provides the first comprehensive account of execution practices in England and their extraordinary transformation from 1660 to 1900. Agonizing execution rituals were once common. Male traitors were hanged, disembowelled while still alive, then decapitated and quartered. Female traitors were burned alive. And common criminals slowly choked to death beneath wooden crossbeams erected at the margins of towns. Some of their bodies were either left to rot on roadside gibbets or dissected by anatomy instructors. Two centuries later, only murderers and traitors were executed – both by hanging – and they died alone, usually quickly, and behind prison walls. In this major contribution to the history of crime and punishment in England, Dr. Devereaux reveals how urban growth, and the unique public culture it produced, challenged and largely displaced those traditional elites who valued the old 'Bloody Code' as an instrument of their rule.

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Matteo Gatti, "Corporate Power and the Politics of Change" (Cambridge UP, 2025)

Sun, 25 Jan 2026 09:00:00 -0000

In Corporate Power and the Politics of Change (Cambridge UP, 2025), Matteo Gatti examines how corporations have taken on roles traditionally reserved for governments - advocating on social issues, setting internal norms, and stepping in where public institutions fall short. This phenomenon, called corporate governing, takes two forms: socioeconomic advocacy, when companies take public stances, and government substitution, when they deliver services or protections the state does not provide. Drawing on legal doctrine and insights from the social sciences, Gatti shows how this shift reflects broader pressures within firms and deep dysfunction outside them. The rise of corporate governing has also triggered political, legal, and cultural backlash that challenges its legitimacy and reach. Clear-eyed and timely, this book offers a framework for understanding how corporate power reshapes policymaking and what that means for business and democracy.

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Zainab Saleh, "Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq" (Stanford UP, 2025)

Sat, 24 Jan 2026 09:00:00 -0000

Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq (Stanford UP, 2025) considers the legal making and unmaking of citizenship in Iraq, focusing on the mass denaturalization and deportation of Iraqi Jews in 1950–51 and Iraqis of Iranian origin in the early 1980s. Since the formation of the modern state of Iraq under British rule in 1921, practices of denaturalization and expulsion of citizens have been mobilized by ruling elites to curb political opposition. Iraqi politicians, under both monarchical and republican rule, routinely employed the rhetoric of threats to national security, treason, and foreignness to uproot citizens they deemed politically undesirable.

Using archival documents, ethnographic research, and literary and autobiographical works, Zainab Saleh shows how citizenship laws can serve as a mechanism to discipline the population. As she argues, these laws enforce commitment to the state's political order and normative values, and eliminate dissenting citizens through charges of betrayal of the homeland. Citizenship in Iraq, thus, has functioned as a privilege closely linked to loyalty to the state, rather than as a right enjoyed unconditionally. With the rise of nativism, right-wing nationalism, and authoritarianism all over the world, this book offers a timely examination of how citizenship can become a tool to silence opposition and produce precarity through denaturalization.

Zainab Saleh is Associate Professor of Anthropology at Haverford College. She is the author of Return to Ruin: Iraqi Narratives of Exile and Nostalgia (Stanford, 2020).

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Terence Keel, "The Coroner’s Silence: Death Records and the Hidden Victims of Police Violence" (Beacon Press, 2025)

Fri, 23 Jan 2026 09:00:00 -0000

Each year, police officers kill over 1,000 people they’ve sworn to protect and serve. While some cases, like George Floyd’s and Sandra Bland’s, capture national attention, most victims remain nameless, their stories untold. The Coroner’s Silence: Death Records and the Hidden Victims of Police Violence (Beacon Press, 2025) reveals a disturbing truth about these cases: coroners and other death investigators are often complicit in obscuring the violent circumstances of in-custody deaths.
Through rigorous research—including critical records analysis, public health studies, and interviews with victims’ families—this book unmasks the systemic failures within forensic medicine. Terence Keel shows how incomplete autopsy reports, mishandled medical documents, and strategically lost evidence effectively shield law enforcement from accountability.
The Coroner’s Silence uncovers how the current system of death investigation operates as a mechanism of institutional safeguarding. By highlighting the structural powerlessness of coroners and their disconnection from the communities most affected by police violence, Keel demonstrates how bureaucratic processes can render human suffering invisible.
True accountability requires more than procedural reform. It demands a fundamental reimagining of how we investigate, document, and understand deaths at the hands of state institutions. The Coroner’s Silence is a crucial intervention that challenges us to confront the deeply ingrained mechanisms that perpetuate systemic violence.

You can Terrence Keel at his website.

Find host, Sullivan Summer, at her website, on Instagram, and on Substack.

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Emilie Connolly, "Vested Interests: Trusteeship and Native Dispossession in the United States" (Princeton UP, 2025)

Wed, 21 Jan 2026 09:00:00 -0000

From the earliest days of its founding, the United States set its sights on Native territory. Amid better-known “Indian wars,” the federal government quietly built an empire by treaty, offering payments to Native peoples for their land. Routinely inadequate, these payments were nonetheless pivotal because federal officials chose not to deliver them as a lump sum. Instead, the government kept the bulk of payments owed to Native nations under its own control as a trustee, and made access to future installments contingent on Native compliance. In Vested Interests: Trusteeship and Native Dispossession in the United States (Princeton UP, 2025), Dr. Emilie Connolly describes how a system of “fiduciary colonialism” seized a continent from its original inhabitants—and, ironically, furnished Native peoples with financial resources that sustained their nations.
Connolly documents two centuries of dispossession in the guise of fiduciary benevolence. Acting as both dispossessor and trustee, the federal government invested Native wealth in state bonds that financed banks, canals, and other infrastructural projects that enabled the country to expand further westward. Meanwhile, Native peoples protected the money they did receive for future generations, investing it in their own institutions and mounting legal challenges to hold their trustees accountable. Still, federal trusteeship placed tight constraints on Native economies with the aim of containing Native power, forcing nations to endure through sheer resilience and ingenuity. By chronicling the long history of Native land dispossession through financial paternalism, Vested Interests reveals the unequal dividends of colonialism in the United States.

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Amanda G. Madden, "Civil Blood: Vendetta Violence and the Civic Elites in Early Modern Italy" (Cornell UP, 2025)

Sun, 18 Jan 2026 09:00:00 -0000

Civil Blood: Vendetta Violence and the Civic Elites in Early Modern Italy (Cornell UP, 2025) is a study of the practice of vendetta among the civic elites in sixteenth-century Italy and illustrates the complex and integral role that vendetta violence played in civic life and state formation on the winding path to state centralization. At many temporal, geographic, and political points in early modern Italy, vendetta appears to have not only disrupted but also constituted the processes by which the modern state emerged.

Dr. Amanda G. Madden examines vendetta as both central to politics and as an engine of change and illustrates the degree to which key phenomena of the period—state centralization, growing bureaucracies, institutional reforms, and the process of state formation—were interpenetrated by, and not simply opposed to, ongoing factional violence among civic elites.

Dr. Madden further illuminates in Civil Blood how elites utilized violent enmities to maintain a grip on political control and negotiated with the duke concerning political power and civic prerogatives. As a result, ruling elites not only defined their own place in governance but also shaped the function and definition of government.

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A. Mechele Dickerson, "The Middle-Class New Deal: Restoring Upward Mobility and the American Dream" (U California Press, 2026)

Sat, 17 Jan 2026 09:00:00 -0000

An expansive policy blueprint for meaningfully expanding the middle class for the first time in a century The US middle class was a product of state and federal policies enacted in the wake of the Great Depression. But since the 1980s, lawmakers have undermined what they once built, shredding the social safety net and instituting laws that virtually guarantee downward mobility for all but the most privileged. How can we restore what has been lost? Rigorous and highly readable, The Middle-Class New Deal: Restoring Upward Mobility and the American Dream (U California Press, 2026) breaks down the policies that have decimated working families and proposes reforms to reverse this trend. As Mechele Dickerson shows, part of the problem is that politicians disingenuously conflate the middle class with the "White lower rich." Such propaganda hides how state and federal lawmakers consistently favor education, labor, housing, and consumer-credit laws that erode the bank accounts of lower- and middle-income people--especially those who are not White and don't have college degrees. Weaving together the latest research with the personal stories of Americans struggling to make ends meet, Dickerson provides a clarion call for political leaders to enact a bold agenda like the one that created the middle class almost a century ago.

A. Mechele Dickerson is the Arthur L. Moller Chair in Bankruptcy and Practice and University Distinguished Teaching Professor at University of Texas School of Law. Professor Dickerson is a nationally recognized scholar on financial vulnerability, consumer debt, housing affordability, and racial and economic disparities. She regularly teaches Remedies and Federal Civil Procedure at the School of Law, has taught a class on civil procedural disputes that arose between the two Trump presidencies, and has taught numerous cross-listed interdisciplinary graduate-level courses on the American middle-class and the COVID pandemic. She is also the author of Homeownership and America's Financial Underclass: Flawed Premises, Broken Promises, New Prescriptions.

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Stephen Skowronek, "The Adaptability Paradox: Political Inclusion and Constitutional Resilience" (U Chicago Press, 2025)

Mon, 12 Jan 2026 09:00:00 -0000

Has American democracy outstripped its constitutional accommodations? Faith in the resilience and adaptability of the US Constitution rests on a long history of finding new ways to make the system work. In The Adaptability Paradox: Political Inclusion and Constitutional Resilience (University of Chicago Press, 2025), political scientist Stephen Skowronek examines the rearrangements that regenerated the American government in the past and brings that experience to bear on our current predicament. He shows how a constitution framed in writing some 230 years ago can run into serious difficulties directly related to its long and impressive history of adaptation. Skowronek connects questions about the Constitution’s adaptability to the challenges of democratization. For most of American history, serial rearrangements of constitutional relationships widened the government’s purview as a national democracy without giving either nationalism or democracy free rein. Skowronek argues that the politics of adaptation shifted fundamentally with the “Rights Revolution” of the 1960s and `70s when American national democracy approached the inclusion of all its citizens on equal footing. Since then, power and authority have been reconfigured in ways that have steadily magnified conflicts over the essentials of good order. Conservatives aim to dismantle a Constitution that progressives are intent on building upon, and the consensus necessary for a constitutional democracy to function effectively has all but evaporated. No longer a socially bound framework for national action, the Constitution has become an abstract matrix of possibilities, a disembodied opportunity structure open to starkly different, mutually unacceptable futures. Rather than being liberated by this unbound Constitution, the American people now appear entrapped by it. Is it possible that the development of American democracy has exhausted the adaptive capacities of the Constitution? A timely reminder that constitutional democracies do not survive on faith alone, The Adaptability Paradox is a sober appraisal of the unfamiliar ground on which we now tread.

Professor Stephen Skowronek is Pelatiah Perit Professor of Political Science and Professor in the Institution for Social and Policy Studies at Yale University. He is the author of many books on American Political Development, the presidency, and the administrative state.

Dr Ursula Hackett is Reader in Politics at Royal Holloway, University of London. She is the author of America's Voucher Politics: How Elites Learned to Hide the State (Cambridge University Press, 2020)

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Anna Sergi, "How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility" (Policy Press, 2025)

Sun, 11 Jan 2026 09:00:00 -0000

The influence and spread of clans and families within the ‘ndrangheta - the Calabrian mafia - is international yet recognising their activities is not always easy, especially when considering mafia groups’ apparent ability to ‘disappear’ when abroad. How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility (Bristol University Press, 2025) by Professor Anna Sergi challenges existing myths about the mobility of this mafia group, emphasizing mafias' interconnectivity and ubiquity both at home and abroad, while providing practical tools for law enforcement and organized crime practitioners.

It considers potential biases around ethnicities and surnames and the intergenerational diversification of mafias – for example, the use of encryption technologies. Combining theory with case studies drawn from Dr. Sergi’s extensive fieldwork, the book sets out the policy and practice implications for combatting organized crime.

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Heather Smith-Cannoy et al., "Sex Trafficking and Human Rights: The Status of Women and State Responses" (Georgetown UP, 2022)

Sun, 11 Jan 2026 09:00:00 -0000

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others.

Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Professor of Political Science/Social Justice and Human Rights at the New College of Interdisciplinary Arts and Sciences at Arizona State University. She is currently serving as the Interim Director of the School of Social and Behavioral Sciences. Her work explores when and under what conditions international law impacts the human rights of the most marginalized populations, focusing on both the opportunities and the challenges associated with this body of law. She has also focused on the role that international law can play in advancing the legal rights of sex trafficking victims. She has published 4 books and more than 15 articles and book chapters.

Patricia C. Rodda is the Assistant Professor of Political Science at Carroll University in Waukesha, Wisconsin. She teaches international relations, comparative politics, international law, conflict and security and political theory. Her research often focuses on vulnerable populations and the challenges they face seeking human rights protections. She is currently working on a new book project that investigates the institutions and interests that facilitate or obstruct the adoption of women’s rights in Muslim-majority states.

Charles “Tony” Smith is a Professor in Political Science and Law at the University of California-Irvine (PhD UCSD 2004; JD UF 1987). His research concerns how institutions and the strategic interactions of political actors relate to the contestation over rights, law, and democracy. He has authored or co-authored eight books including Sex Trafficking and Human Rights: The Status of Women and State Responses (Georgetown University Press 2022) and The Politics of Perverts: The Political Attitudes and Actions of Non-Traditional Sexual Minorities (NYU Press 2024) and published over 40 articles and chapters. He is currently the Editor in Chief of Political Research Quarterly.

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

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J. Logan Smilges, "Crip Negativity" (U of Minnesota Press, 2023)

Sat, 10 Jan 2026 09:00:00 -0000

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.

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Sarah Kunz, "Expatriate: Following a Migration Category" (Manchester UP, 2023)

Fri, 09 Jan 2026 09:00:00 -0000

Who are expatriates? How do they differ from other migrants? And why should we care about such distinctions? Expatriate: Following a Migration Category (Manchester University Press, 2023) by Dr. Sarah Kunz interrogates the contested category of 'the expatriate' to explore its history and politics, its making and lived experience. Drawing on ethnographic and archival research, the book offers a critical reading of International Human Resource Management literature, explores the work and history of the Expatriate Archive Centre in The Hague, and studies the usage and significance of the category in Kenyan history and present-day 'expat Nairobi'. Doing so, the book traces the figure of the expatriate from the mid-twentieth-century era of decolonisation to today's heated debates about migration.

The expatriate emerges as a malleable and contested category, of shifting meaning and changing membership, and as passionately embraced by some as it is rejected by others. Dr. Kunz situates the changing usage of the term in the context of social, political and economic struggle and explores the material and discursive work the expatriate performs in negotiating social inequalities and power relations. Migration, the book argues, is a key terrain on which colonial power relations have been reproduced and translated, and migration categories are at the heart of the insidious ways that intersecting material and symbolic inequalities are enacted today. Any project for social justice needs to dissect and interrogate categories like the expatriate, and this book offers analytical and methodical strategies to advance this project.

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.

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Chris Dietz, "Self-Declaration in the Legal Recognition of Gender" (Routledge, 2022)

Wed, 07 Jan 2026 09:00:00 -0000

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

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David Morris, "Stealing The Future: Sam Bankman-Fried, Elite Fraud, and the Cult of Techno-Utopia" (Watkins Media, 2025)

Tue, 06 Jan 2026 09:00:00 -0000

Stealing the Future is the first book to tell the true and full story of Sam Bankman-Fried and his historic crimes. It chronicles the $11 billion FTX fraud with the detail and nuance of a financial fraud expert and cryptocurrency insider – but unlike any book before it, it also traces the ideas that enabled the crime. “Effective Altruism” and related tendencies, such as longtermism and transhumanism, remain dangerously influential in today’s Silicon Valley. Despite Bankman-Fried’s pose as a cuddly liberal philanthropist, they are now center stage in the global rise of the far right, and also lie at the heart of OpenAI, the tech darling that took FTX’s place as the face of the future.

In this interview, Morris explains how some of the key thought processes that drive today's techno-billionaires and how we can spot the next fraudsters in our midst.

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Jason Isralowitz, "Nothing to Fear: Alfred Hitchcock and the Wrong Men" (Fayetteville Mafia Press, 2023)

Mon, 05 Jan 2026 09:00:00 -0000

In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century.

In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason Isralowitz tells this story in a revelatory book that situates both the Balestrero case and its cinematic counterpart in their historical context. Drawing from archival records, Isralowitz delivers a gripping account of Manny’ s trial and new insights into an errant prosecution. He then examines how Hitchcock’ s film bears witness to issues that animate the contemporary innocence movement. Given the hundreds of exonerations of the wrongfully convicted in recent years, this genre-bending work of true crime and film history is a must-read.

Jason Isralowitz is a partner in the New York office of Hogan Lovells. A Queens native, Jason graduated from Boston University’s College of Communication with a bachelor’s in journalism and holds a J.D. from the University of Pennsylvania Law School. He has practiced law in Manhattan since 1993. Jason lives in Summit, New Jersey with his wife, Jennifer.

Daniel Moran earned his B.A. and M.A. in English from Rutgers University and his Ph.D. in History from Drew University. The author of Creating Flannery O’Connor: Her Critics, Her Publishers, Her Readers, he teaches research and writing at Rutgers and co-hosts the podcast Fifteen-Minute Film Fanatics, found at https://fifteenminutefilm.podb... and on Twitter @15MinFilm.

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James Greenwood-Reeves, "Justifying Violent Protest: Law and Morality in Democratic States" (Routledge, 2023)

Sun, 04 Jan 2026 09:00:00 -0000

Was the use of violence on January 6th Capitol attacks legitimate? Is the use of violence morally justified by members of Extinction Rebellion or Just Stop Oil campaigners? Justifying Violent Protest: Law and Morality in Democratic States (Routledge, 2023) addresses these issues head on, to make a radical, but compelling argument in favour of the legitimate use of violence in protest in liberal democracies. Grounded in theories of constitutional morality, the book makes the case that when states make illogical or unjust laws, citizens have morally justifiable reasons to disobey. Violence can act as moral dialogue - both expressively and directly - to denounce unjust laws, particularly in cases where civil disobedience does not go far enough. This book considers recent protest movements, of which the use of violent protest has been central to citizens demands. It examines the activism of the Hong Kong pro-democracy protests, Extinction Rebellion, Black Lives Matter movement, and other contemporary international movements.

This book could not be more timely. In a world where citizens' rights to protest are being increasingly curtailed, and climate destruction is becoming an increasing matter of urgency, Greenwood-Reeves addresses the legitimacy of violent protest and ultimate importance in upholding liberal democracy.

Dr James Greenwood-Reeves is a Lecturer in Law at The University of Leeds. One of his current projects @lawsadrag

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

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Deana Heath and Jinee Lokaneeta, "Policing and Violence in India: Colonial Origins and Contemporary Realities" (Speaking Tiger, 2025)

Fri, 02 Jan 2026 09:00:00 -0000

Why does Indias police force, created under British rule, still echo the priorities of a bygone empire? And what is it about this institution, tasked with maintaining the law and order, that has led to a normalization of daily violence? These are the key questions that inform the analyses in this volume by lawyers, academics and activists. Divided into four broad sections, it begins by looking at the origins of the modern police force in the 1860s and demonstrates their role in maintaining socio-cultural, economic and political hierarchies even in post-Independence India. The second section explores how the law and legal infrastructure, as well as the bureaucracy in India, work to effectively facilitate police violence and to further marginalize and criminalize certain groups, like lower castes and Muslims. The penultimate section complicates this picture, examining how police violence is shaped by historical ambivalence towards democracy, the personal and systemic dynamics between police personnel and the accused, and the fraught identity of police in conflict zones like Kashmir, where authority is both granted and withheld by the state. The final section contains interviews of and reflections by prominent critics of police violence, including former Haryana DGP V.N. Rai and Abdul Wahid Shaikh, falsely accused of involvement in the 2006 Mumbai blasts. Questioning its foundational purpose and envisioning pathways to accountability and reform, Policing and Violence in India ignites a long-overdue conversation about the nature of policing in India.

Deana Heath is Professor of Indian and Colonial History at the University of Liverpool. She has written widely on issues relating to policing and violence in colonial India, particularly on torture and sexual violence. Her latest book, Colonial Terror: Torture and State Violence in Colonial India, was published by Oxford University Press in 2021.

Jinee Lokaneeta is Professor in Political Science and International Relations at Drew University, New Jersey. She is the author of The Truth Machines: Policing, Violence, and Scientific Interrogations in India, published in 2020 by the University of Michigan Press and Orient Blackswan, and Transnational Torture: Law, Violence, and State Power in the United States and India, published by New York University Press in 2011 and Orient Blackswan in 2012.

Shailza Sharma is an Assistant Professor at Jindal Global Law School, O.P. Jindal Global University.

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Dagmar Schafer, "Ownership of Knowledge: Beyond Intellectual Property" (MIT Press, 2023)

Thu, 01 Jan 2026 09:00:00 -0000

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.

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J. Barton Scott, "Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India" (U Chicago Press, 2023)

Wed, 31 Dec 2025 09:00:00 -0000

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.

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Marion Gibson, "Witchcraft: A History in Thirteen Trials" (Scribner, 2023)

Tue, 30 Dec 2025 09:00:00 -0000

Witchfinder General, Salem, Malleus Maleficarum. The world of witch-hunts and witch trials sounds archaic and fanciful, these terms relics of an unenlightened, brutal age. However, we often hear ‘witch-hunt’ in today’s media, and the misogyny that shaped witch trials is all too familiar. Three women were prosecuted under a version of the 1735 Witchcraft Act as recently as 2018.

In Witchcraft: A History in Thirteen Trials (Simon & Schuster, 2023), Professor Marion Gibson uses thirteen significant trials to tell the global history of witchcraft and witch-hunts. As well as exploring the origins of witch-hunts through some of the most famous trials from the Middle Ages to the eighteenth century, it takes us in new and surprising directions. It shows us how witchcraft was reimagined by lawyers and radical historians in France, how suspicions of sorcery led to murder in Jazz Age Pennsylvania, the effects of colonialism and Christian missionary zeal on ‘witches’ in Africa, and how even today a witch trial can come in many guises.

Professor Gibson also tells the stories of the ‘witches’ – mostly women like Helena Scheuberin, Anny Sampson and Joan Wright, whose stories have too often been overshadowed by those of the powerful men, such as King James I and ‘Witchfinder General’ Matthew Hopkins, who hounded them.

Once a tool invented by demonologists to hurt and silence their enemies, witch trials have been twisted and transformed over the course of history and the lines between witch and witch-hunter blurred. For the fortunate, a witch-hunt is just a metaphor, but, as this book makes clear, witches are truly still on trial.

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Danielle Allen, "Justice by Means of Democracy" (U Chicago Press, 2023)

Tue, 30 Dec 2025 09:00:00 -0000

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

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Agata Fijalkowski, "Law, Visual Culture, and the Show Trial" (Routledge, 2023)

Tue, 30 Dec 2025 09:00:00 -0000

Addressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials.

The dispensation of justice during communist rule in Albania, East Germany, and Poland was reliant on legal propaganda, making the visual a fundamental part of the legitimacy of the law. Analysing photographs of trials, Agata Fijalkowski's Law, Visual Culture, and the Show Trial (Routledge, 2023) examines how this message was conveyed to audiences watching and participating in the spectacle of show trials. The book traces how this use of the visual was exported from the Soviet Union and imposed upon its satellite states in the immediate aftermath of the Second World War. It shows how the legal actors and political authorities embraced new photographic technologies to advance their legal propaganda and legal photography. Drawing on contemporary theoretical work in the area, the book then challenges straightforward accounts of the relationship between law and the visual, critically engaging entrenched legal historical narratives, in relation to three different protagonists, to offer the possibility of reclaiming and rewriting past accounts. As its analysis demonstrates, the power of images can also be subversive; and, as such, the cases it addresses contribute to the discourse on visual epistemology and open onto contemporary questions about law and its inherent performativity.

Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. Twitter: @batesmith. LinkedIn.

His recent publications include:

“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, forthcoming 2023, ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)
“International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387)

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Alastair McClure, "Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857-1922" (Cambridge UP, 2024)

Sat, 27 Dec 2025 09:00:00 -0000

Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857-1922 (Cambridge UP, 2024) offers the first legal history of mercy and discretion in nineteenth and twentieth-century India. Through a study of large-scale amnesties, the prerogative powers of pardon, executive commutation, and judicial sentencing practices, Alastair McClure argues that discretion represented a vital facet of colonial rule. In a bloody penal order, officials and judges consistently offered reduced sentences and pardons for select subjects, encouraging others to approach state institutions and confer the colonial state with greater legitimacy. Mercy was always a contested expression of sovereign power that risked exposing colonial weakness. This vulnerability was gradually recognized by colonial subjects who deployed a range of legal and political strategies to interrogate state power and question the lofty promises of British colonial justice. By the early twentieth century, the decision to break the law and reject imperial overtures of mercy had developed into a crucial expression of anticolonial politics.
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Alastair McClure is Assistant Professor in the Department of History at the University of Hong Kong.
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Saumya Dadoo is a Ph.D Candidate at MESAAS, Columbia University.

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Robin F. Hansen, "Prison Born: Incarceration and Motherhood in the Colonial Shadow" (U Regina Press, 2024)

Fri, 26 Dec 2025 09:00:00 -0000

With rigorous scrutiny and deep care, Robin Hansen's Prison Born: Incarceration and Motherhood in the Colonial Shadow (U Regina Press, 2024) offers crucial insight into the intersections of ongoing colonial harms facing Indigenous mothers in Canada. Building from an unplanned call to Hansen from a pregnant, incarcerated Indigenous woman in 2016, Prison Born highlights how custodial prison sentences cause discriminatory and swift harm—automatically separating mothers from their children, immediately after birth.

Using Access to Information requests along with extensive research, Hansen examines the legal rights of these women—the majority of whom are Indigenous—and finds that Jacquie and her son are by no means alone: automatic mother-infant separation without due process remains the norm in most jurisdictions in Canada. Prison Born calls attention to the colonial and gendered assumptions that continue to underpin the legal system—assumptions that so frequently lead to the violation of the rights and denial of personhood for children and their mothers.

Robin Hansen is an Associate Professor in the Faculty of Law at the University of Saskatoon. Her research focuses on legal personhood; public and private international law; and systems theory of law.
Rine Vieth is an FRQ Postdoctoral Fellow at Université Laval. They are currently studying how anti-gender mobilization shapes migration policy, particularly in regards to asylum determinations in the UK and Canada.

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Jonathan Sumption, "The Challenges of Democracy: And the Rule of Law" (Profile Books, 2026)

Fri, 26 Dec 2025 09:00:00 -0000

Across the globe, democracy is in crisis - in the UK alone, it has been rocked by Brexit, the pandemic and successive attempts by governments to bypass legal norms.

But how did this happen, and where might we go from here?

Jonathan Sumption cuts through the political noise with acute analysis of the state of democracy today - from the vulnerabilities of international law to the deepening suppression of democracy activism in Hong Kong, and from the complexities of human rights legislation to the defence of freedom of speech.

Timely, incisive and wholly original, Challenges of Democracy: And the Rule of Law (Profile Books, 2026) applies the brilliance of 'the cleverest man in Britain' to the most urgent and far-reaching political issue of our day.

Jonathan Sumption is a British judge and historian, who served as a Supreme Court Justice for six years. He is the author of the Sunday Times Bestseller Trials of the State, Law in a Time of Crisis, and Divided Houses, which won the 2009 Wolfson History Prize.

Charles Coutinho, PH. D., Associate Fellow 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.

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Douglas Morris, "Legal Sabotage: Ernst Fraenkel in Hitler's Germany" (Cambridge UP, 2020)

Thu, 25 Dec 2025 09:00:00 -0000

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.

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Douglas Morris, "Legal Sabotage: Ernst Fraenkel in Hitler's Germany" (Cambridge UP, 2020)

Thu, 25 Dec 2025 09:00:00 -0000

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Joanna Siekiera, "International Law and Security in Indo-Pacific: Strategic Design for the Region" (Routledge, 2025)

Sat, 20 Dec 2025 09:00:00 -0000

International Law and Security in Indo-Pacific: Strategic Design for the Region (Routledge, 2025) edited by Dr. Joanna Siekiera uses an interdisciplinary approach to discuss international law and conflict in the Indo-Pacific region, covering topics such as maritime security, climate change and international relations.

Detailing how international relations and particular state interests govern regional and global partnerships, the book provides suggestions for the future of the Indo-Pacific region. Exploring how conflict within the region has international repercussions, topics covered include the role of South-East Asian countries, and the role of statehood of small islands in Oceania. Detailing harmonization of laws and policies in the context of international security and maritime law, the book focuses on the impact of climate change and other topical issues such as cyber security and the protection of cultural identity.

The book will be of interest to researchers in the field of international law, law of the sea, international relations and security.
Dr. Joanna Siekiera is an expert in international law, NATO consultant, trainer, and educator. She currently works as the Assistant Professor at the War Studies University in Warsaw, Poland. She is also a fellow at the U.S. Marine Corps University in Quantico and supports various military institutions as a legal SME and course facilitator.
Stephen Satkiewicz is an independent scholar with research areas spanning Civilizational Sciences, Social Complexity, Big History, Historical Sociology, Military History, War Studies, International Relations, Geopolitics, and Russian and East European history.

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Yan-ho Lai, "Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong" (Amsterdam UP, 2025)

Tue, 16 Dec 2025 09:00:00 -0000

Today I spoke with Senior Fellow at the Centre for Asian Law, University of Georgetown, Dr Yan-ho Lai (Eric) about his book, Legal Resistance under Authoritarianism: The Struggle for the Rule of Law in Hong Kong (Amsterdam UP, 2025). We spoke about the complexities of authoritarian consolidation by Beijing in the Special Administrative Region of Hong Kong, and the role that lawyers have played in defending the rule of law. Uniquely positioned as both a Hong Konger and also an academic now outside Hong Kong, Dr Lai's work draws on some 77 qualitative interviews up to the period when the National Security Law was introduced in 2020. By documenting a unique transitional period in Hong Kong, this book serves as an important counterpoint to the dominant sovereign narrative and gives voice to many who are otherwise unrepresented. However, the learnings are inherently transferable in terms of bringing understanding of the role that lawyers play in defending the rule of law in situations of encroaching authoritarianism.

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Negar Mansouri and Daniel R. Quiroga-Villamarín eds., "Ways of Seeing International Organisations: New Perspectives for International Institutional Law" (Cambridge UP, 2025

Sat, 13 Dec 2025 09:00:00 -0000

For decades, the field of scholarship that studies the law and practice of international organisations -also known as 'international institutional law'- has been marked by an intellectual quietism. Most of the scholarship tends to focus narrowly on providing 'legal' answers to 'legal' questions. For that reason, perspectives rarely engage with the insights of critical traditions of legal thought (for instance, feminist, postcolonial, or political economy-oriented perspectives) or with interdisciplinary contributions produced outside the field.

Ways of Seeing International Organisations: New Perspectives for International Institutional Law (Cambridge UP, 2025) edited by Dr. Negar Mansouri & Dr. Daniel R. Quiroga-Villamarín challenges the narrow gaze of the field by bringing together authors across multiple disciplines to reflect on the need for 'new' perspectives in international institutional law. Highlighting the limits of mainstream approaches, the authors instead interrogate international organisations as pivots in processes of world-making. To achieve this, the volume is organised around four fundamental themes: expertise; structure; performance; and capital. This title is also available as Open Access on Cambridge Core.

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Rachel Jean-Baptiste, "Multiracial Identities in Colonial French Africa: Race, Childhood, and Citizenship" (Cambridge UP, 2023)

Wed, 10 Dec 2025 09:00:00 -0000

Despite increasingly hardened visions of racial difference in colonial governance in French Africa after World War I, interracial sexual relationships persisted, resulting in the births of thousands of children. These children, mostly born to African women and European men, sparked significant debate in French society about the status of multiracial people, debates historians have termed 'the métis problem.'

Drawing on extensive archival and oral history research in Gabon, Republic of Congo, Senegal, and France, in Multiracial Identities in Colonial French Africa: Race, Childhood, and Citizenship (Cambridge UP, 2023) Dr. Rachel Jean-Baptiste investigates the fluctuating identities of métis. Crucially, she centres claims by métis themselves to access French social and citizenship rights amidst the refusal by fathers to recognize their lineage, and in the context of changing African racial thought and practice. In this original history of race-making, belonging, and rights, Dr. Jean-Baptiste demonstrates the diverse ways in which métis individuals and collectives carved out visions of racial belonging as children and citizens in Africa, Europe, and internationally.

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Peace A. Medie, "Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa" (Oxford UP, 2020)

Mon, 08 Dec 2025 09:00:00 -0000

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.

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Elizabeth Chika Tippett, "The Master-Servant Doctrine: How Old Legal Rules Haunt the Modern Workplace" (U California Press, 2025)

Wed, 03 Dec 2025 09:00:00 -0000

The field of employment law used to be called "master-servant law." Even if this term has fallen out of favor, a central truth has not changed: modern employment law still draws on centuries-old ideas about the rights and obligations of workers.

In The Master-Servant Doctrine: How Old Legal Rules Haunt the Modern Workplace (U California Press, 2025), Elizabeth Chika Tippett combines historical context with contemporary case studies and interviews to reveal how modern law and management practices are steeped in three core master-servant principles: the right to control, the right to govern, and the duty of support. With each chapter tackling a different aspect of the workplace—including pay, time management, firing, and benefits—this startling and original story of employment law offers fresh insights for legal scholars, historians, attorneys, advocates, and anyone who's ever worked a terrible job.

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Philip Pettit, "The State" (Princeton UP, 2023)

Mon, 01 Dec 2025 09:00:00 -0000

In The State (Princeton University Press, 2023), the prominent political philosopher Philip Pettit embarks on a massive undertaking, offering a major new account of the foundations of the state and the nature of justice. In doing so, Pettit builds a new theory of what the state is and what it ought to be, addresses the normative question of how justice serves as a measure of the success of a state, and the way it should operate in relation to its citizens and other people.

Philip Pettit is L.S. Rockefeller University Professor of Human Values at Princeton University and Distinguished Professor of Philosophy at the Australian National University, Canberra.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Jake Monaghan, "Just Policing" (Oxford UP, 2023)

Fri, 28 Nov 2025 09:00:00 -0000

Policing is a source of perennial conflict and philosophical disagreement. Current political developments in the United States have only increased the urgency of this topic. Today we welcome philosopher Jake Monaghan to discuss his book, Just Policing (Oxford UP, 2023), which applies interdisciplinary insights to examine the morality of policing.

Though the injustices of our world seemingly require some kind of policing, the police are often sources of injustice themselves. But this is not always the result of intentionally or negligently bad policing. Sometimes it is an unavoidable result of the injustices that emerge from interactions with other social systems. This raises an important question of just policing: how should police respond to the injustices built into the system? Just Policing attempts an answer, offering a theory of just policing in non-ideal contexts.

Monaghan argues that police discretion is not only unavoidable, but in light of non-ideal circumstances, valuable. This claim conflicts with a widespread but inchoate view of just policing, the legalist view that finds justice in faithful enforcement of the criminal code.

But the criminal code leaves policing seriously underdetermined; full enforcement is neither possible nor desirable. Police need an alternative normative framework for evaluating and guiding their exercise of power.

Just Policing critiques popular approaches to police abolitionism while defending normative limits on police power. The book offers a defense of police discretion against common objections and evaluates controversial issues in order maintenance, such as the policing of "vice" and homelessness, democratic control over policing, community policing initiatives, police collaborations and alternatives like mental health response teams, and possibilities for structural reform.

Jake Monaghan is Assistant Professor of Philosophy at the University of Southern California. He earned his Ph.D. in philosophy at the University of Buffalo. His research is primarily in moral and political philosophy.

He is interviewed by Tom McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law and development internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack.

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John A. Camacho and Zack Hamilton, "Sports Chaos: Exploring the Reasons Behind Expert Business, Legal, and Moral Decisions" (2025)

Mon, 24 Nov 2025 09:00:00 -0000

What happens when sports decision-making collides with business interests, legal battles, and moral dilemmas? Sports Chaos dives into the unpredictable world where experts, executives, and athletes must navigate high-stakes choices that shape the future of sports. From billion-dollar deals to ethical debates over owner and athlete behavior, this book unpacks The Colliding Reasons Problem, real-life cases where business, law, and morality clash in the sports industry. With insights from professionals across these fields, the authors explore how to balance profits, rules, and fairness through a new decision process called The Decision Dynamics Process. If you’ve ever been curious about sports behind the headlines, Sports Chaos will change the way you view the decisions shaping your favorite teams and athletes. Don’t just watch the game—understand the forces driving it. Grab your copy of Sports Chaos today and explore the hidden dynamics behind sports decisions!

Paul Knepper covered the New York Knicks for Bleacher Report. His first book was The Knicks of the Nineties: Ewing, Oakley, Starks and the Brawlers That Almost Won It All. His next book, Moses Malone: The Life of a Basketball Prophet, is now available. You can reach Paul at paulknepper@gmail.com and follow him on Twitter @paulieknep.

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Arpitha Kodiveri, "Governing Forests: State, Law and Citizenship in India’s Forests" (Melbourne UP, 2024)

Sat, 22 Nov 2025 09:00:00 -0000

In Governing Forests: State, Law and Citizenship in India’s Forests (Melbourne UP, 2024), Arpitha Kodiveri unpacks the fraught and shifting relationship between the Indian State, forest-dwelling communities, and forest conservation regimes.

The book builds on years of fieldwork across the Indian states of Uttar Pradesh, Rajasthan, Gujarat, Odisha, and Karnataka with forest-dwelling communities, Adivasi and Dalit activists, lawyers, and bureaucrats, to tell a turbulent story of battling for environmental justice. Kodiveri traces the continuing rhetorics of conservation and sovereignty in the forest practices of the colonial and the postcolonial Indian State, the entanglements between the climate crisis, resource extractivism, and eco-casteism, and credits the forest-dwelling communities for finding courageous and creative ways of securing their access and stewardship of forest resources.

Governing Forests hopes for the possibility of “healing of historical antagonisms” between conservationists and forest dwellers through a co-productive model Kodiveri calls “negotiated sovereignty”, a governance paradigm rooted in a jurisprudence of care and repair.

Arpitha Kodiveri is an environmental law and justice scholar and assistant professor of political science at Vassar College.

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David Garland, "Law and Order Leviathan: America’s Extraordinary Regime of Policing and Punishment" (Princeton UP, 2025)

Fri, 14 Nov 2025 09:00:00 -0000

The United States has long been an international outlier, with a powerful business class, a weak social state, and an exceptional gun culture. In Law and Order Leviathan: America’s Extraordinary Regime of Policing and Punishment (Princeton UP, 2025), David Garland shows how, after the 1960s, American-style capitalism disrupted poor communities and depleted social controls, giving rise to violence and social problems at levels altogether unknown in other affluent nations. Aggressive policing and punishment became the default response.
Garland shows that America lags behind comparable nations in protections for working people. He identifies the structural sources of America’s penal state and the community-level processes through which political economy impacts crime and policing. He argues that there is nothing paradoxical in America’s reliance on coercive state controls; the nation’s vaunted liberalism is largely an economic liberalism devoted to free markets and corporate power rather than to individual dignity and flourishing. Fear of violent crime and distrust of others ensure public support for this coercive Leviathan; racism enables indifference to its harms.
Interviewee: David Garland is the Arthur T Vanderbilt Professor of Law and Professor of Sociology at New York University and an Honorary Professor at Edinburgh University.

Host: Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com.

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John Jackson, "Special Advocates in the Adversarial System" (Routledge, 2020)

Fri, 14 Nov 2025 09:00:00 -0000

S pecial Advocates in the Adversarial System (Routledge, 2020) uncovers the little known phenomenon of Special Advocates who represent the best interests of an excluded party in closed trials. Professor John Jackson's empirical analysis draws into question the commitment of legal-systems to long-held principles of adversarial justice, due process and even human rights protections in trials that relate to immigration, national security, civil and criminal proceedings. In its comparative approach, the book tackles issues of accountability and the ethical concerns surrounding the appointment and prevalence of the special advocate system. This book will shock lawyers and scholars alike and is an important contribution to considerations of the administration of justice.

Professor John Jackson is an Emeritus Professor of Comparative Criminal Law and Procedure at The University of Nottingham.

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Anand P. Vaidya, "Future of the Forest: Struggles over Land and Law in India" (Cornell UP, 2025)

Thu, 13 Nov 2025 09:00:00 -0000

In Future of the Forest: Struggles over Land and Law in India (Cornell UP, 2025), Anand P. Vaidya tells the story of the making and unmaking of India’s Forest Rights Act 2006, a law enacted to secure the largest redistribution of property in independent India by recognising the tenure and use rights of millions of landless forest dwellers.

Beginning with the devastating destruction of a north Indian village Vaidya calls Ramnagar, inhabited by landless Dalits and Adivasis, the book follows the interventions of activists, forest dwelling communities, political parties, and corporations during the drafting of the law and traces how each of these coalitions shapes the law’s implementation. Vaidya shows how this ambitious law became a battleground of competing legal potentialities — at once a tool of exclusion, dividing forest dwellers along caste and class lines, and yet a platform for resistance, enabling forest dwellers to challenge State domination.

A multi-scalar study, Future of the Forest is attentive to the everyday politics of staking a forest rights claim, revealing how the law opens space for fluid (and often extralegal) interpretations, shifting political authority, and diverging aspirations.

Anand Vaidya is Associate Professor of Anthropology at Reed College.

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Meg Groff, "Not If I Can Help It" (Rivertown Books, 2025)

Wed, 12 Nov 2025 09:00:00 -0000

Meg Groff's memoir Not If I Can Help It (Rivertown Books, 2025) recounts some of the most harrowing, infuriating, yet inspiring stories from Groff’s work as a Legal Aid attorney representing women and children whose only resource is the sheer courage they exhibit every day. Groff dedicated forty years of her life to fighting for justice for victims of domestic violence in rural and suburban Pennsylvania. Against the odds, Groff won hundreds of exhilarating courtroom victories—and also suffered some heartbreaking defeats. In Not If I Can Help It, she brings these stories to life with vivid detail, deep empathy, surprising humor, and the boundless passion for justice that has driven her life and work. Readers who care about law, human rights, and the struggles of ordinary people will be captivated and inspired by this powerful book and the sobering insights it offers about the American way of justice.

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Joshua Castellino, "Calibrating Colonial Crime: Reparations and The Crime of Unjust Enrichment" (Policy Press, 2025)

Tue, 04 Nov 2025 09:00:00 -0000

While decolonization liberated territories, it left the root causes of historical injustice unaddressed. Governance change did not address past wrongs and transferred injustice through political and financial architectures.

In Calibrating Colonial Crime: Reparations and The Crime of Unjust Enrichment (Bristol University Press/Policy Press, 2024) Dr. Joshua Castellino presents a five-point plan aimed at system redress through reparations that addresses the colonially induced climate crisis through equitable and sustainable means.

In highlighting the structural legacy of colonial crimes, Dr. Castellino provides insights into the complexities of contemporary societies, showing how legal frameworks could foster a fairer, more just world.

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Linda Upham-Bornstein, "'Mr. Taxpayer versus Mr. Tax Spender': Taxpayers’ Associations, Pocketbook Politics, and the Law during the Great Depression" (Temple UP, 2023)

Sun, 02 Nov 2025 09:00:00 -0000

During the Great Depression, the proliferation of local taxpayers’ associations was dramatic and unprecedented. The justly concerned members of these organizations examined the operations of state, city, and county governments, then pressed local officials for operational and fiscal reforms. These associations aimed to reduce the cost of state and local governments to make operations more efficient and less expensive.

"Mr. Taxpayer versus Mr. Tax Spender": Taxpayers’ Associations, Pocketbook Politics, and the Law during the Great Depression (Temple UP, 2023) by Dr. Linda Upham-Bornstein presents a comprehensive overview of these grassroots taxpayers’ leagues beginning in the 1860s and shows how they evolved during their heyday in the 1930s. Dr. Upham-Bornstein chronicles the ways these taxpayers associations organized as well as the tools they used—constructive economy, political efforts, tax strikes, and tax revolt through litigation—to achieve their objectives.

Taxpayer activity was a direct consequence of—and a response to—the economic crisis of the Great Depression and the expansion of the size and scope of government. “Mr. Taxpayer versus Mr. Tax Spender” connects collective tax resistance in the 1930s to the populist tradition in American politics and to other broad impulses in American political and legal history.

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Louise Nyholm Kallestrup, "The Construction of Witchcraft in Early Modern Denmark, 1536-1617" (Routledge, 2025)

Sat, 01 Nov 2025 08:00:00 -0000

Louise Nyholm Kallestrup joins Jana Byars to talk about her new book, The Construction of Witchcraft in Early Modern Denmark, 1536-1617 (Routledge, 2025) This book examines how the experience of witchcraft developed and evolved from the Lutheran Evangelical Reformation of Denmark 1536 to the celebration of the Lutheran centennial of 1617. As well as exploring witchcraft, this volume is a portrait of Denmark and how religion and politics in the 16th and 17th centuries were impossible to separate. It was in this period from 1536 to 1617 that witchcraft went from an offence condemned in the Bible and prohibited in the medieval Law of Jutland, to being described in detail as the worst of crimes. Witchcraft evolved from being defined as imposing harm to someone or something, to being a mockery of God. Approaching the theme from the new history of experience, this book refers to process as the construction of witchcraft as a crime. Contributions draw on a wide range of textual and visual sources, and bring together court records, sermons, legal regulations and correspondence with pamphlets, devotional literature and demonological treaties. The book is the first of its kind that aims to explain how this development occurred. This volume is useful for undergraduates, postgraduates and scholars, as well as non-specialist readers interested in the history of witchcraft, magic and alchemy, women's and gender history and European history.

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Tamar Mitts, "Safe Havens for Hate: The Challenge of Moderating Online Extremism" (Princeton UP, 2025)

Fri, 31 Oct 2025 08:00:00 -0000

Content moderation on social media has become one of the most daunting challenges of our time. Nowhere is the need for action more urgent than in the fight against terrorism and extremism. Yet despite mass content takedowns, account suspensions, and mounting pressure on technology companies to do more, hate thrives online. Safe Havens for Hate: The Challenge of Moderating Online Extremism (Princeton University Press, 2025) looks at how content moderation shapes the tactics of harmful content producers on a wide range of social media platforms.
Drawing on a wealth of original data on more than a hundred militant and hate organizations around the world, Dr. Tamar Mitts shows how differing moderation standards across platforms create safe havens that allow these actors to organize, launch campaigns, and mobilize supporters. She reveals how the structure of the information environment shapes the cross-platform activity of extremist organizations and movements such as the Islamic State, the Proud Boys, the Oath Keepers, and QAnon, and highlights the need to consider the online ecosystem, not just individual platforms, when developing strategies to combat extremism.
Taking readers to the frontlines of the digital battleground where dangerous organizations operate, Safe Havens for Hate sheds critical light on how governments and technology companies grapple with the tension between censorship and free speech when faced with violence, hate, and extremism.

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Amanda Laury Kleintop, "Counting the Cost of Freedom: The Fight Over Compensated Emancipation After the Civil War" (UNC Press, 2025)

Mon, 27 Oct 2025 08:00:00 -0000

During the Civil War, the U.S. federal government abolished slavery without reimbursing enslavers, diminishing the white South’s wealth by nearly 50 percent. After the Confederacy’s defeat, white Southerners demanded federal compensation for the financial value of formerly enslaved people and fought for other policies that would recognize abolition’s costs during Reconstruction. As Amanda Laury Kleintop shows in Counting the Cost of Freedom: The Fight Over Compensated Emancipation After the Civil War (University of North Carolina Press, 2025), their persistence eventually led to the creation of Section 4 of the Fourteenth Amendment, which abolished the right to profit from property in people. Surprisingly, former Confederates responded by using Lost Cause history-making to obscure the fact that they had demanded financial redress in the first place. The largely successful efforts of white Southerners to erase this history continues to generate false understandings today. Kleintop draws from an impressive array of archival sources to uncover this lost history. In doing so, she demonstrates how this legal battle also undermined efforts by formerly enslaved people to receive reparations for themselves and their descendants—a debate that persists in today’s national dialogue.

Amanda Laury Kleintop is assistant professor of history at Elon University.

Ryan Tripp is an adjunct for universities and California community colleges.

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Robert C. Bird, "Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage" (Cambridge UP, 2025)

Thu, 23 Oct 2025 08:00:00 -0000

Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage (Cambridge UP, 2025) offers a step-by-step guide on how to utilize the law as a source of value in organizations. Robert C. Bird demonstrates how legal knowledge can be a valuable asset for firms, providing them with a sustainable competitive advantage that is difficult for rivals to imitate. Bird presents a five-part framework that outlines how firms can use legal knowledge in competitive markets and how they can avoid misusing it. Chapters also highlight how firms can cultivate legal knowledge and apply novel risk tools to overcome unexpected legal threats. The book emphasizes the importance of ethical values in business decisions and shows how managers and lawyers can build an ethical practice of legal knowledge that benefits both business and society. With the help of numerous visuals, this book makes it easy for readers to leverage legal knowledge and apply it to specific business contexts.

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Nathan E. Sanders and Bruce Schneier, "Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship" (MIT Press, 2025)

Thu, 23 Oct 2025 08:00:00 -0000

AI is changing democracy. We still get to decide how.
AI’s impact on democracy will go far beyond headline-grabbing political deepfakes and automated misinformation. Everywhere it will be used, it will create risks and opportunities to shake up long-standing power structures.
In this highly readable and advisedly optimistic book, Rewiring Democracy: How AI Will Transform Our Politics, Government, and Citizenship (MIT Press, 2025), security technologist Bruce Schneier and data scientist Nathan Sanders cut through the AI hype and examine the myriad ways that AI is transforming every aspect of democracy—for both good and ill.
The authors describe how the sophistication of AI will fulfill demands from lawmakers for more complex legislation, reducing deference to the executive branch and altering the balance of power between lawmakers and administrators. They show how the scale and scope of AI is enhancing civil servants’ ability to shape private-sector behavior, automating either the enforcement or neglect of industry regulations. They also explain how both lawyers and judges will leverage the speed of AI, upending how we think about law enforcement, litigation, and dispute resolution.
Whether these outcomes enhance or degrade democracy depends on how we shape the development and use of AI technologies. Powerful players in private industry and public life are already using AI to increase their influence, and AIs built by corporations don’t deliver the fairness and trust required by democratic governance. But, steered in the right direction, AI’s broad capabilities can augment democratic processes and help citizens build consensus, express their voice, and shake up long-standing power structures.
Democracy is facing new challenges worldwide, and AI has become a part of that. It can inform, empower, and engage citizens. It can also disinform, disempower, and disengage them. The choice is up to us. Schneier and Sanders blaze the path forward, showing us how we can use AI to make democracy stronger and more participatory.

Nathan E. Sanders is a data scientist focused on making policymaking more participatory. His research spans machine learning, astrophysics, public health, environmental justice, and more. He has served in fellowships at the Massachusetts legislature and the Berkman-Klein Center at Harvard University.

Caleb Zakarin is editor of the New Books Network.

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Elisabeth R. Anker, "Ugly Freedoms" (Duke UP, 2022)

Sun, 19 Oct 2025 08:00:00 -0000

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 Freedoms (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.

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Kelley Helmstutler Di Dio, "Shipping Sculptures from Early Modern Italy: The Mechanics, Costs, Risks, and Rewards" (Brepols, 2025)

Fri, 17 Oct 2025 08:00:00 -0000

Shipping Sculptures from Early Modern Italy: The Mechanics, Costs, Risks, and Rewards (Brepols, 2025) by Dr. Kelley Helmstutler Di Dio focuses on enormous amounts of sculptures moved from Italy to Spain from ca. 1500-1750. An analysis of an important body of unpublished archival documentation regarding the practical issues involved in making and transporting sculpture, provide the basis for this study of the development of technologies, infrastructure, and labor organization necessary to make such challenging transports of moving sculptures by land and sea possible.

Artists, patrons, and agents had the eventual movement to a destination at the center of decision making when new sculptures were commissioned to send. Sending antiquities or second-hand works required even more planning and care. Divided into a series of case studies of major sculptures, Shipping Sculptures offers a new approach to the study of cross-cultural artistic exchange, state gifts, collecting and patronage, by examining the practical details of object movement over challenging geographies.

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Rehan Abeyratne, "Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment" (Oxford UP, 2025)

Thu, 16 Oct 2025 08:00:00 -0000

Democratic backsliding, culture wars and partisan politics in the past two decades has seen the regression of human rights protections in the courts and across societies. However, having made incremental gains in constitutional courts, LGBTQ+ rights operate as somewhat of a paradox. In this pivotal work, Professor Rehan Abeyratne makes an argument that the progress made in LGBTQ+ rights protection obscures an increased shift towards authoritarian legality in the courts and beyond. Case studies of three apex courts - the U.S. Supreme Court, the Supreme Court of India, and the Hong Kong Court of Final Appeal - provide insight into the erosion of democracy and the rule of law across these jurisdictions. Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment (Oxford UP, 2025) is an important work and should serve as a warning sign to constitutional lawyers, human rights scholars and anybody interested in the values that underpin liberal democracy as to the the limited ability of constitutional courts to protect rights in the current climate.

Professor Rehan Abeyratne is is Professor and Associate Dean (Higher Degree Research) at Western Sydney University School of Law, where he teaches Government and Public Law, Legal Research and Methodology, and Comparative Law: Legal Systems of the World. He also coordinates the School of Law's Honours Program. Professor Abeyratne holds a PhD from Monash University, a JD from Harvard Law School, and a BA (Hons.) in Political Science from Brown University. He researches comparative constitutional law and has published several books and articles in world leading journals. Most of Prof. Abeyratne's research can be freely accessed on SSRN, Academia, and Google Scholar.

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Future of the Forest: Struggles over Land and Law in India

Mon, 13 Oct 2025 08:00:00 -0000

How did India’s landmark Forest Rights Act come into being? And what difference has it made to the lives of historically marginalized forest-dwelling communities? These questions are at the heart of Anand Vaidya’s new monograph Future of the forest: Struggles over land and law in India that we discuss in this episode. Future of the forest offers a compelling account of the making, implementation, and partial unravelling of the Forest Rights Act, and traces the complex ways in which collective action and mobilization have shaped the use and impact of this potentially revolutionary legislation.

Anand P. Vaidya is an Associate Professor of Anthropology at Reed College.

Kenneth Bo Nielsen is an Associate Professor of Social Anthropology at the University of Oslo where he also heads the Centre for South Asian Democracy.

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S. Orestis Palermos, "Cyborg Rights: Extending Cognition, Ethics, and the Law" (Routledge, 2025)

Fri, 10 Oct 2025 08:00:00 -0000

Until recently, no one could access the detailed contents of your mind directly the way only you can. This level of protection of our mental data was guaranteed by the way we are built biologically – and it can no longer be taken for granted. In Cyborg Rights: Extending Cognition, Ethics, and the Law (Routledge, 2025) S. Orestis Palermos considers the ethical and legal implications of the extended mind thesis – the idea that information-processing technologies are not merely tools but literal parts of our minds. While this thesis remains controversial, there is little doubt that technological devices can push information that coheres in an integrated way with your thoughts – for example, when your phone presents photographs of last year’s holiday on today’s anniversary. Such mind extensions create new vulnerabilities to invasions of mental privacy, freedom of thought, and protection from personal assault. Palermos, who is assistant professor of philosophy at the University of Ioannina, articulates these new problems and explores what levels of protection we should adopt in the face of them, up to the point of making it technologically impossible to access or manipulate your extended mental contents.

S. Orestis Palermos is Assistant Professor of Philosophy at University of Ioannina, in Greece.

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Miranda Spieler, "Slaves in Paris: Hidden Lives and Fugitive Histories" (Harvard UP, 2025)

Wed, 08 Oct 2025 08:00:00 -0000

In the decades leading up to the French Revolution, when Paris was celebrated as an oasis of liberty, slaves fled there, hoping to be freed. They pictured Paris as a refuge from France’s notorious slave-trading ports.

The French were late to the slave trade, but they dominated the global market in enslaved people by the late 1780s. This explosive growth transformed Paris, the cultural capital of the Enlightenment, into a dangerous place for people in bondage. Those seeking freedom in Paris faced manhunts, arrest, and deportation. Some put their faith in lawyers, believing the city’s courts would free them. Examining the lives of those whose dashed hopes and creative persistence capture the spirit of the era, in Slaves in Paris: Hidden Lives and Fugitive Histories (Harvard University Press, 2025), Dr. Miranda Spieler brings to light a hidden story of slavery and the struggle for freedom.

Fugitive slaves collided with spying networks, nosy neighbors, and overlapping judicial authorities. Their clandestine lives left a paper trail. In a feat of historical detective work, Dr. Spieler retraces their steps and brings to light the new racialized legal culture that permeated every aspect of everyday life. She pieces together vivid, granular portraits of men, women, and children who came from Africa, the Caribbean, and the Indian Ocean. We learn of their strategies and hiding places, their family histories and relationships to well-known Enlightenment figures. Slaves in Paris is a history of hunted people. It is also a tribute to their resilience.

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Deepa Das Acevedo, "The War on Tenure" (Cambridge UP, 2025)

Fri, 03 Oct 2025 08:00:00 -0000

As academia increasingly comes under attack in the United States, The War on Tenure (Cambridge UP, 2025) steps in to demystify what professors do and to explain the importance of tenure for their work. Deepa Das Acevedo takes readers on a backstage tour of tenure-stream academia to reveal hidden dynamics and obstacles. She challenges the common belief that tenure is only important for the protection of academic freedom. Instead, she argues that the security and autonomy provided by tenure are also essential to the performance of work that students, administrators, parents, politicians, and taxpayers value. Going further, Das Acevedo shows that tenure exists on a spectrum of comparable employment contracts, and she debunks the notion that tenure warps the incentives of professors. Ultimately, The War on Tenure demonstrates that the job security tenure provides is not nearly as unusual, undesirable, or unwarranted as critics claim.

Deepa Das Acevedo, JD, PhD is an Associate Professor of Law at Emory University.

Host: Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College.

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Raymond J. McKoski, "David Davis, Abraham Lincoln's Favorite Judge" (U Illinois Press, 2025)

Fri, 03 Oct 2025 08:00:00 -0000

One of Abraham Lincoln's staunchest and most effective allies, Judge David Davis masterminded the floor fight that gave Lincoln the presidential nomination at the 1860 Republican National Convention. This history-changing event emerged from a long friendship between the two men. It also altered the course of Davis's career, as Lincoln named him to the U.S. Supreme Court in 1862.

In David Davis, Abraham Lincoln's Favorite Judge (University of Illinois Press, 2025), Raymond J. McKoski offers a biography of Davis's public life, his impact on the presidency and judiciary, and his personal, professional, and political relationships with Lincoln. Davis lent his vast network of connections, organizational and leadership abilities, and personal persuasiveness to help Lincoln's political rise. When Davis became a judge, he honed an ability to hear each case with complete impartiality, a practice that endeared him to Lincoln but one day put him at odds with the president over important Civil War-era rulings. McKoski details these cases while providing an in-depth account of Davis's role in Lincoln's two unsuccessful campaigns for U.S. Senate and the fateful run for the presidency.

Raymond J. McKoski is a retired Illinois Circuit Judge and adjunct professor at the University of Illinois Chicago School of Law.

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Greg Lukianoff and Nadine Strossen, "The War on Words: 10 Arguments Against Free Speech—And Why They Fail" (Heresy Press, 2025)

Thu, 02 Oct 2025 08:00:00 -0000

The War on Words: 10 Arguments Against Free Speech—And Why They Fail (Heresy Press, 2025) constitutes a bulwark against the persistent censorial efforts from both the political left and right. At a time when conformist pressures threaten viewpoint diversity, and when political attacks on free expression are mounting, this book is a valuable resource for all who seek to understand and defend the right that is central to both individual liberty and our democratic self-government. This concise volume is organized around 10 claims that proponents of speech restrictions regularly assert, such as: “words are violence,” “free speech is right-wing,” and “hate speech isn’t free speech.” In lively, clear, and persuasive prose, the authors examine the flaws in these pro-censorship assertions. The book also includes an insightful introduction by Jacob Mchangama, shedding additional light on the topic from historical and international perspectives.

Greg Lukianoff is an attorney, New York Times best-selling author, and the President and CEO of the Foundation for Individual Rights and Expression (FIRE).

Nadine Strossen is the John Marshall Harlan II Professor of Law Emerita at New York Law School and was the national President of the American Civil Liberties Union from 1991 to 2008. She is a Senior Fellow at FIRE and serves on the advisory boards of the ACLU, Academic Freedom Alliance, Heterodox Academy, and National Coalition Against Censorship.

Caleb Zakarin is editor of the New Books Network.

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Rosemary Admiral, "Living Law: Women and Legality in Marinid Morocco" (Syracuse UP, 2025)

Mon, 29 Sep 2025 08:00:00 -0000

Dr. Rosemary Admiral provides a groundbreaking history of women’s legal engagement in Marinid Morocco between the thirteenth and fifteenth centuries that fundamentally challenges contemporary assumptions about women’s relationships to Islamic legal traditions. Drawing on a rich collection of fatwas (legal documents) from Fez and surrounding areas, Dr. Admiral demonstrates how women—some without formal education—strategically navigated complex legal landscapes to protect their interests, expand their rights, and reshape social dynamics.

Contrary to prevailing narratives that portray Islamic law as a monolithic, oppressive system, the book shows how women actively co-produced legal interpretations. They used sophisticated strategies like contract stipulations, exploring plurality in legal opinions, and consulting local scholars to renegotiate marriage terms and expand their rights. These women did not view the legal system as an enemy, but as an instrument for challenging misdeeds and addressing community needs.

Dr. Admiral draws attention to the historical practice and implementation of the Maliki school of Islamic law in an area that remained outside of Ottoman control. She highlights women’s engagement with Islamic law as deeply embedded in support systems encompassing families, communities, and legal structures, and makes visible women’s agency and power.

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Brad Snyder, "Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment" (Norton, 2022)

Sun, 28 Sep 2025 08:00:00 -0000

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.

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Jacinto Cuvi, "The Edge of the Law: Street Vendors and the Erosion of Citizenship in São Paulo" (U Chicago Press, 2025)

Wed, 24 Sep 2025 08:00:00 -0000

How street vendors tangle with the law in São Paulo, Brazil.

With a little initiative and very little startup money, an outgoing individual might sell you a number of delights and conveniences familiar to city dwellers—from cold water bottles while you’re sitting in traffic to a popsicle from a cart on a summer afternoon in the park. Such vendors form a significant share of the workforce in São Paulo, Brazil, but their ubiquity belies perpetual struggle. Some have the right to practice their trade; others do not. All of them strive to make it—or stay afloat.
In The Edge of the Law: Street Vendors and the Erosion of Citizenship in São Paulo, (U Chicago Press, 2025) Jacinto Cuvi introduces us to the world of street vendors and teases out the relationship between the construction of legality and the experience of citizenship. As São Paulo’s city government undertakes a large-scale plan to cancel street vending licenses and evict street vendors, Cuvi reveals how the rights of informal workers can be revoked or withheld and how the lines can be redrawn between work that is “legal” and work that takes place under constant fear of law enforcement. Alongside the mechanics of disenfranchisement, Cuvi captures the lived experience of criminalization, dissecting the distribution of (shallow) rights among vendors who continually reinvent strategies to eke out a living while dealing with the constraints and pressures of informal citizenship at the edge of the law.

Michael O. Johnston, Ph.D. is a Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His general area of study is at the intersection of space, behavior, and identity. He is currently conducting research about: escape rooms, the use of urban design in downtown historical neighborhoods of rural communities, and a study on belongingness in college and university. To learn more about Michael O. Johnston you can go to his personal website, Google Scholar, Bluesky (@professorjohnst.bsky.social), Twitter (@ProfessorJohnst), or by email

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Rebecca Nagle, "By the Fire We Carry: The Generations-Long Fight for Justice on Native Land" (Harper, 2024)

Tue, 16 Sep 2025 08:00:00 -0000

In 2020, the US Supreme Court ruled, in a surprise decision, that treaties still on the books as US law meant that the Muscogee people of Oklahoma maintained legal jurisdiction over a large portion of the state; in short, that much of Oklahoma remained Indian Country. McGirt v. Oklahoma has been fought over in the court system since, but the implications are ongoing, in Oklahoma and elsewhere. In By the Fire We Carry: The Generations-Long Fight for Justice on Native Land (Harper, 2024), award winning journalist, writer, and podcaster Rebecca Nagle tracks this story back hundreds of years, through the history of the Muscogee and other Southeastern Indigenous nations, to the era of removal in the 1830s, and up through the present day. This includes the case of Patrick Murphy, and the murder that kickstarted McGirt's surprising and unlikely trek through the courts. A powerful of story of what can happen when people simply follow the laws as written, Nagle argues that Indigenous resistance, resilience, and power as just as much of the story of the West as disposession and land loss.

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Celene Reynolds, "Unlawful Advances: How Feminists Transformed Title IX" (Princeton UP, 2025)

Tue, 16 Sep 2025 08:00:00 -0000

When the US Congress enacted Title IX of the Education Amendments of 1972, no one expected it to become a prominent tool for confronting sexual harassment in schools. Title IX is the civil rights law that prohibits education programs from discriminating “on the basis of sex.” At the time, however, the term “sexual harassment” was not yet in use; this kind of misconduct was simply accepted as part of life for girls and women at schools and universities. In Unlawful Advances: How Feminists Transformed Title IX (Princeton UP, 2025), Celene Reynolds shows how the women claiming protection under Title IX made sexual harassment into a form of sex discrimination barred by the law. Working together, feminist students and lawyers fundamentally changed the right to equal opportunity in education and schools’ obligations to ensure it.

Drawing on meticulously documented case studies, Reynolds explains how Title IX was applied to sexual harassment, linking the actions of feminists at Cornell, Yale, and Berkeley. Through analyses of key lawsuits and an original dataset of federal Title IX complaints, she traces the evolution of sexual harassment policy in education—from the early applications at elite universities to the growing sexual harassment bureaucracies on campuses today—and how the work of these feminists has forever shaped the law, university governance, and gender relations on campus. Reynolds argues that our political and interpretive struggle over this application of Title IX is far from finished. Her account illuminates this ongoing effort, as well as the more general process by which citizens can transform not only the laws that govern us, but also the very meaning of equality under American law.

New Books in Women’s History Podcast

Jane Scimeca, Professor of History at Brookdale Community College, website here

@janescimeca.bsky.social

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Julien Mailland on "The Game That Never Ends: How Lawyers Shape the Videogame Industry"

Mon, 15 Sep 2025 08:00:00 -0000

Peoples & Things host, Lee Vinsel, talks with Julien Mailland, Associate Professor of Media Management, Law, and Policy at The Media School of Indiana University Bloomington, about his book, The Game That Never Ends: How Lawyers Shape the Videogame Industry. The book examines key moments, beginning in the 1970s, in which legal decisions influenced how the videogame industry worked, how law shaped business and technology strategy and vice versa. The conversation touches on the book’s three major themes: intellectual property, freedom of speech, and international law. The pair also discuss Mailland’s new project, a geopolitical history of the best-selling videogame of all time, Tetris.

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Katherine Eva Maich, "Bringing Law Home: Gender, Race, and Household Labor Rights" (Stanford UP, 2025)

Mon, 15 Sep 2025 08:00:00 -0000

The personal nature of domestic labor, and its location in the privacy of the employer's home, means that domestic workers have long struggled for equitable and consistent labor rights. The dominant discourse regards the home as separate from work, so envisioning what its legal regulation would look like is remarkably challenging.

In Bringing Law Home: Gender, Race, and Household Labor Rights (Stanford University Press, 2025), Dr. Katherine Eva Maich offers a uniquely comparative and historical study of labor struggles for domestic workers in New York City and Lima, Peru. She argues that if the home is to be a place of work then it must also be captured in the legal infrastructures that regulate work. Yet, even progressive labor laws for domestic workers in each city are stifled by historically entrenched patterns of gendered racialization and labor informality. Peruvian law extends to household workers only half of the labor protections afforded to other occupations. In New York City, the law grants negligible protections and deliberately eschews language around immigration. Dr. Maich finds that coloniality is deeply embedded in contemporary relations of service, revealing important distinctions in how we understand power, domination, and inequality in the home and the workplace.

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Rose Casey, "Aesthetic Impropriety: Property Law and Postcolonial Style" (Fordham UP, 2025)

Fri, 12 Sep 2025 08:00:00 -0000

Aesthetic Impropriety: Property Law and Postcolonial Style (Fordham UP, 2025) analyzes vanguard legal actions and literary innovations to reveal contemporary reforms to property law that are undoing law’s colonial legacies. Casey traces precise legal histories across distinct jurisdictions throughout the anglophone world, revealing the connection between land law and petroleum extraction in the Niger Delta, inheritance and divorce laws and gender inequality in India, intellectual property law and Indigenous dispossession in South Africa, and admiralty law and racialized non-personhood in the English Atlantic. In response to these manifold forms of dispossession, significant reforms are underway, including through common lawsuits, statutory reform, and proposed changes to legal doctrine.

Casey develops the concept of aesthetic impropriety to identify shared structures of thought across legal and literary venues. She shows that writers of poetry and prose are also transforming harmful property laws: in Nigeria, Ben Okri and Chigozie Obioma have articulated symbiotic ecological relationships that are also evidenced in recent actions against petroleum companies; in India, Arundhati Roy’s challenge to divorce laws has preempted similar attempts at reform in Parliament; in South Africa, Zoë Wicomb theorized protections for Indigenous modes of creative production nineteen years before they were signed into law; and in the Americas, M. NourbeSe Philip has proposed a novel method of achieving justice for the one hundred fifty enslaved people who were killed in the 1781 Zong massacre.
Aesthetic Impropriety makes a convincing case for literature’s generative capacities and registers the enduring significance of the postcolonial as a necessary framework for understanding globalized inequality in the twenty-first century. By analyzing shared legal and aesthetic transformations, Aesthetic Impropriety argues that law and literature play vital roles in creating anticolonial world orders.

Arnab Dutta Roy is Assistant Professor of World Literature and Postcolonial Theory at Florida Gulf Coast University.

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Maria R. Montalvo, "Enslaved Archives: Slavery, Law, and the Production of the Past" (Johns Hopkins UP, 2024)

Tue, 09 Sep 2025 08:00:00 -0000

Explores the relationship between the production of enslaved property and the production of the past in the antebellum United States.

It is extraordinarily difficult for historians to reconstruct the lives of individual enslaved people. Records--where they exist--are often fragmentary, biased, or untrue. In Enslaved Archives: Slavery, Law, and the Production of the Past (Johns Hopkins UP, 2024), Maria R. Montalvo investigates the legal records, including contracts and court records, that American antebellum enslavers produced and preserved to illuminate enslavers' capitalistic motivations for shaping the histories of enslaved people. The documentary archive was not simply a by-product of the business of slavery, but also a necessary tool that enslavers used to exploit the people they enslaved.

Building on Montalvo's analysis of more than 18,000 sets of court records, Enslaved Archives is a close study of what we can and cannot learn about enslaved individuals from the written record. By examining five lawsuits in Louisiana, Montalvo deconstructs enslavers' cases--the legal arguments and rhetorical strategies they used to produce information and shape perceptions of enslaved people. Commodifying enslaved people was not simply a matter of effectively exploiting their labor. Enslavers also needed to control information about those people. Enslavers' narratives--carefully manipulated, prone to omissions, and sometimes false--often survive as the only account of an enslaved individual's life.

In working to historicize the people at the center of enslavers' manipulations, Montalvo outlines the possibilities and limits of the archive, providing a glimpse of the historical and contemporary consequences of commodification. Enslaved Archives makes a significant intervention in the history of enslaved people, legal history, and the history of slavery and capitalism by adding a qualitative dimension to the analysis of how enslavers created and maintained power.

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Karen Bartlett, "Escape from Kabul: The Afghan Women Judges Who Fled the Taliban and Those They Left Behind" (New Press, 2025)

Fri, 05 Sep 2025 08:00:00 -0000

In this episode, New Books Network Host Nina Bo Wagner speaks with Karen Bartlett about The Escape From Kabul: A True Story of Sisterhood and Defiance (The New Press and Duckworth, 2025).

The book follows Afghan women judges who fought for justice in the courtroom, then fought to escape with their lives. Across twenty years of U.S.-backed government, Afghan women obtained legal degrees, became judges, and set out to transform their country. Their work, however, posed an existential threat to everything the Taliban believed in. When the United States withdrew in August 2021, the women judges of Afghanistan faced mortal danger.

Journalist Karen Bartlett goes beyond their escape, and talks about the Afghan women judges’ backgrounds, the cases they were tie breakers on, and the importance of the international network of women judges who helped them evacuate in 2021.

Bartlett critiques the abandonment of Afghanistan by the West, and warns people not to normalise or be complacent to the Taliban regime which is still strongly opposed within the country. She also calls for the international community to take accountability for women judges who are still left in limbo or trapped in Afghanistan.

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Brendan A. Shanahan, "Disparate Regimes: Nativist Politics, Alienage Law, and Citizenship Rights in the United States, 1865-1965" (Oxford UP, 2025)

Mon, 01 Sep 2025 08:00:00 -0000

Historians have well described how US immigration policy increasingly fell under the purview of federal law and national politics in the mid-to-late nineteenth century. It is far less understood that the rights of noncitizen immigrants in the country remained primarily contested in the realms of state politics and law until the mid-to-late twentieth century. Such state-level political debates often centered on whether noncitizen immigrants should vote, count as part of the polity for the purposes of state legislative representation, work in public and publicly funded employment, or obtain professional licensure.
Enacted state alienage laws were rarely self-executing, and immigrants and their allies regularly challenged nativist restrictions in court, on the job, by appealing to lawmakers and the public, and even via diplomacy. Battles over the passage, implementation, and constitutionality of such policies at times aligned with and sometimes clashed against contemporaneous efforts to expand rights to marginalized Americans, particularly US-born women.

Often considered separately or treated as topics of marginal importance, Disparate Regimes: Nativist Politics, Alienage Law, and Citizenship Rights in the United States, 1865–1965 (Oxford University Press, 2025) by Dr. Brendan A. Shanahan underscores the centrality of nativist state politics and alienage policies to the history of American immigration and citizenship from the late nineteenth to the mid-twentieth centuries. It argues that the proliferation of these debates and laws produced veritable disparate regimes of citizenship rights in the American political economy on a state-by-state basis. It further illustrates how nativist state politics and alienage policies helped to invent and concretize the idea that citizenship rights meant citizen-only rights in law, practice, and popular perception in the United States.

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Margaret E. Roberts, "Censored: Distraction and Diversion Inside China’s Great Firewall" (Princeton UP, 2020)

Sun, 31 Aug 2025 08:00:00 -0000

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).

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Yong-Shik Lee, "Law and Development: Theory and Practice, 2nd edition" (Routledge, 2021)

Sat, 30 Aug 2025 08:00:00 -0000

Law and Development: Theory and Practice, 2nd edition (Routledge, 2021) examines the theory and practice of law and development. It introduces the General Theory of Law and Development, an innovative approach which explains the mechanisms by which law impacts development. This book analyzes the process of economic development in South Korea, South Africa, and the United States from legal and institutional perspectives. The book also explains why the concept of "development" is not only relevant to developing countries but to developed economies as well.

The new edition includes five new chapters addressing the relationships between law and economic development in several key areas, including property rights, political governance, business transactions, state industrial promotion, and international trade and development.

This interview covers the main themes of this book, covers some of his papers, the relationship of his work to other scholars, and serves as a foundation for understanding Dr. Lee’s work more broadly. His latest book, Sustainable Peace in Northeast Asia will be the subject of a second interview.

Yong-Shik Lee is a scholar in law and development, and is currently Director of the Law and Development Institute and a Professor at West Virginia University. Dr. Lee graduated in economics from the University of California at Berkeley and received law degrees from the University of Cambridge. Previous books include Reclaiming Development in the World Trading System; Microtrade: A New System of Trade Toward Poverty Elimination; Law and Development Perspective on International Trade Law; and Safeguard Measures in World Trade: The Legal Analysis. His latest book, Sustainable Peace in Northeast Asia, was published by Anthem Press.

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David Bosco, "The Poseidon Project: The Struggle to Govern the World's Oceans" (Oxford UP, 2021)

Sat, 30 Aug 2025 08:00:00 -0000

Oceanic Studies. An interdisciplinary podcast that examines the past, present, and future of ocean governance

In 1609, the Dutch lawyer Hugo Grotius rejected the idea that even powerful rulers could own the oceans. "A ship sailing through the sea," he wrote, "leaves behind it no more legal right than it does a track." A philosophical and legal battle ensued, but Grotius's view ultimately prevailed. To this day, "freedom of the seas" remains an important legal principle and a powerful rhetorical tool.
Yet in recent decades, freedom of the seas has eroded in multiple ways and for a variety of reasons. During the world wars of the 20th century, combatants imposed unprecedented restrictions on maritime commerce, leaving international rules in tatters. National governments have steadily expanded their reach into the oceans. More recently, environmental concerns have led to new international restrictions on high seas fishing. Today's most dangerous maritime disputes-including China's push for control of the South China Sea-are occurring against the backdrop of major changes in the way the world treats the oceans.

As David Bosco shows in The Poseidon Project: The Struggle to Govern the World's Oceans (Oxford UP, 2021), the history of humanity's attempt to create rules for the oceans is alive and relevant. Tracing the roots of the law of the sea and the background to current maritime disputes, he shows that building effective ocean rules while preserving maritime freedoms remains a daunting task. Bosco analyzes how fragile international institutions and determined activists are struggling for relevance in a world still dominated by national governments. As maritime tensions develop, The Poseidon Project will serve as an essential guide to the continuing challenge of ocean governance.

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Lindsey N. Kingston, "Fully Human: Personhood, Citizenship, and Rights" (Oxford UP, 2019)

Thu, 28 Aug 2025 08:00:00 -0000

Lindsey N. Kingston’s new book, Fully Human: Personhood, Citizenship, and Rights (Oxford UP, 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.

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Faisal Chaudhry, "South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law" (Oxford UP, 2024)

Thu, 28 Aug 2025 08:00:00 -0000

South Asia, the British Empire, and the Rise of Classical Legal Thought: Toward a Historical Ontology of the Law (Oxford UP, 2024) considers the legal history of colonial rule in South Asia from 1757 to the early 20th century. It traces a shift in the conceptualization of sovereignty, land control, and adjudicatory rectification, arguing that under the East India Company the focus was on 'the laws' factoring into the administration of justice more than 'the law' as an infinitely generative norm system. This accompanied a discourse about rendering property 'absolute' defined in terms of a certainty of controlling land's rent-and made administrable mainly as a duty of revenue payment--rather than any right of ostensibly physical dominion. Leaving property external to its ontology of 'the laws, ' the Company's regime thus differed significantly from its counterparts in the Anglo-common-law mainstream, where an ostensibly unitary, physical, and disaggregable notion of the property right was becoming a stand in for a notion of legal right in general already by the late 18th century. Only after 1858, under Crown rule, did conditions in the subcontinent ripen for 'the law' to emerge as a purportedly free-standing institutional fact. A key but neglected factor in this transformation was the rise of classical legal thought, which finally enabled property's internalization into 'the law' and underwrote status and contract becoming the other key elements of the Raj's new legal ontology. Formulating a historical ontological approach to jurisprudence, the book deploys a running distinction between the doctrinal discourse of (the) law and ordinary-language discourse about (the) law that carries implications for legal theory well beyond South Asia.

Arighna Gupta is a doctoral candidate in history at the University of Michigan, Ann Arbor. His dissertation attempts to trace early-colonial genealogies of popular sovereignty located at the interstices of monarchical, religious, and colonial sovereignties in India and present-day Bangladesh.

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Steve Luxenberg, "Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation" (Norton, 2019)

Sun, 24 Aug 2025 08:00:00 -0000

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.

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Timothy Messer-Kruse, "Slavery’s Fugitives and the Making of the United States Constitution" (LSU Press, 2024)

Sat, 23 Aug 2025 08:00:00 -0000

Slavery's Fugitives and the Making of the United States Constitution (LSU Press, 2024) unearths a long-hidden factor that led to the Constitutional Convention in 1787. While historians have generally acknowledged that patriot leaders assembled in response to postwar economic chaos, the threat of popular insurgencies, and the inability of the states to agree on how to fund the national government, Timothy Messer-Kruse suggests that scholars have discounted Americans' desire to compel Britain to return fugitives from slavery as a driving force behind the convention.

During the Revolutionary War, British governors offered freedom to enslaved Americans who joined the king's army. Thousands responded by fleeing to English camps. After the British defeat at Yorktown, American diplomats demanded the surrender of fugitive slaves. When British generals refused, several states confiscated Loyalist estates and blocked payment of English creditors, hoping to apply enough pressure on the Crown to hand over the runaways. State laws conflicting with the 1783 Treaty of Paris violated the Articles of Confederation--the young nation's first constitution--but Congress, lacking an executive branch or a federal judiciary, had no means to obligate states to comply.

The standoff over the escaped slaves quickly escalated following the Revolution as Britain failed to abandon the western forts it occupied and took steps to curtail American commerce. More than any other single matter, the impasse over the return of enslaved Americans threatened to hamper the nation's ability to expand westward, develop its commercial economy, and establish itself as a power among the courts of Europe. Messer-Kruse argues that the issue encouraged the founders to consider the prospect of scrapping the Articles of Confederation and drafting a superseding document that would dramatically increase federal authority--the Constitution.

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Citizenship Stripping: You Are Not American

Thu, 21 Aug 2025 08:00:00 -0000

Over the last two centuries, the US government has revoked citizenship to cast out its unwanted, suppress dissent, and deny civil rights to all considered “un-American”—whether due to their race, ethnicity, marriage partner, or beliefs. Drawing on the narratives of those who have struggled to be treated as full members of “We the People,” law professor Amanda Frost exposes a hidden history of discrimination and xenophobia that continues to this day.
The Supreme Court’s rejection of Black citizenship in Dred Scott was among the first and most notorious examples of citizenship stripping, but the phenomenon did not end there. Women who married noncitizens, persecuted racial groups, labor leaders, and political activists were all denied their citizenship, and sometimes deported, by a government that wanted to redefine the meaning of “American.” You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers (Beacon Press, 2021) grapples with what it means to be American and the issues surrounding membership, identity, belonging, and exclusion that still occupy and divide the nation in the twenty-first century.

Our guest is: Professor Amanda Frost, who writes and teaches in the fields of immigration and citizenship law, federal courts and jurisdiction, and judicial ethics. Her scholarship has been cited by dozens of state and federal courts, including the U.S. Supreme Court, and she has been invited to testify on the topics of her articles before both the House and Senate Judiciary Committees. You Are Not American was named a “New & Noteworthy” book by The New York Times Book Review, and shortlisted for the Mark Lynton History Prize. She is writing a book on birthright citizenship, publishing in 2026.

Our host is: Dr. Christina Gessler, who works as a developmental editor, dissertation and writing coach for scholars in the humanities. She is the producer of the Academic Life podcast, and writes the show’s newsletter with weekly bonus material on her Substack found here.

Playlist:

Welcome to Academic Life, the podcast for your academic journey—and beyond! Please join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 275+ Academic Life episodes? Find them here. And thank you for listening!

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Peter Hart-Brinson, "The Gay Marriage Generation: How the LGBTQ Movement Transformed American Culture" (NYU Press, 2018)

Fri, 15 Aug 2025 08:00:00 -0000

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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Linos-Alexandre Sicilianos, "The Human Dimension of International Law" (Brill, 2025)

Fri, 15 Aug 2025 08:00:00 -0000

The Human Dimension of International Law (Brill, 2025) offers a vision of international law through the protection of human rights and the values they embody. This approach is particularly timely in light of recent international developments. For the first time, the International Court of Justice is seized of the main legal aspects of serious contemporary crises (Ukraine, Gaza Strip, Syria, Myanmar, etc.), on the basis of human rights instruments, with the participation of dozens of States. In this context, the book analyzes the multiple interactions between general international law and human rights. The former influences the latter, positively or restrictively, as illustrated by the issue of jurisdictional immunities. Conversely, human rights exert an influence on the evolution of general international law, sometimes gently, sometimes drastically. They contributed to the development of the sources of international law, several institutions related to the external relations of the State, the law of the sea, the theory of the subjects of international law, the concept of international responsibility, the system of collective security, as well as the structure and character of the discipline.

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James Kimmel, Jr., "The Science of Revenge: Understanding the World's Deadliest Addiction—and How to Overcome It" (Random House, 2025)

Thu, 14 Aug 2025 08:00:00 -0000

There is a hidden addiction plaguing humanity right now: revenge. Researchers have identified retaliation in response to real and imagined grievances as the root cause of most forms of human aggression and violence. From vicious tweets to road rage, murder-suicide, and armed insurrection, perpetrators almost always see themselves as victims seeking justice. Chillingly, recent behavioral and neuroimaging studies of the human brain show that harboring a personal grievance triggers revenge desires and activates the neural pleasure and reward circuitry of addiction.
Although this behavior is ancient and seems inevitable, by understanding retaliation and violence as an addictive brain-biological process, we can control deadly revenge cravings and save lives. In The Science of Revenge: Understanding the World's Deadliest Addiction—and How to Overcome It (Random House, 2025), Yale violence researcher and psychiatry lecturer James Kimmel, Jr., JD, uncovers the truth behind why we want to hurt the people who hurt us, what happens when it gets out of hand, and how to stop it.
Weaving neuroscience, psychology, sociology, law, and human history with captivating storytelling, Dr. Kimmel reveals the neurological mechanisms and prevalence of revenge addiction. He shines an unsparing light on humanity’s pathological obsession with revenge throughout history; his own struggle with revenge addiction that almost led him to commit a mass shooting; America’s growing addiction to revenge as a special brand of justice; and the startlingly similar addictive behaviors and motivations of childhood bullies, abusive partners, aggrieved employees, sparring politicians, street gang members, violent extremists, mass killers, and tyrannical dictators. He also reveals the amazing, healing changes that take place inside your brain and body when you practice forgiveness. Emphasizing the necessity of proven public health approaches and personal solutions for every level of revenge addiction, he offers urgent, actionable information and novel methods for preventing and treating violence.

James Kimmel, Jr. is an assistant clinical professor in psychiatry at the Yale School of Medicine, a lawyer, and the founder and co-director of the Yale Collaborative for Motive Control Studies.

Caleb Zakarin is editor of the New Books Network.

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Ryan Griffiths, "The Disunited States: Threats of Secession in Red and Blue America and Why They Won't Work" (Oxford UP, 2025)

Mon, 11 Aug 2025 08:00:00 -0000

Is the breakup of an increasingly polarized America into separate red and blue countries even possible?

There is a growing interest in American secession. In February 2023, Marjorie Taylor Greene tweeted that "We need a national divorce...We need to separate by red states and blue states." Recent movements like Yes California have called for a national divorce along political lines. A 2023 Axios poll shows that 20 percent of Americans favor a national divorce. These trends show a sincere interest in American secession, and they will likely increase in the aftermath of the 2024 Presidential election.

Proponents of secession make three arguments: the two sides have irreconcilable differences; secession is a legal right; and smaller political units are better. Through interviews with secessionist advocates in America, Ryan Griffiths explores the case for why Red America and Blue America should split up.

But as The Disunited States shows, these arguments are fundamentally incorrect. Secession is the wrong solution to the problem of polarization. Red and Blue America are not neatly sorted and geographically concentrated. Splitting the two parts would require a dangerous unmixing of the population, one that could spiral into violence and state collapse. Drawing on his expertise on secessionism worldwide, he shows how the process has played out internationally-and usually disastrously. Ultimately, this book will disabuse readers of the belief that secession will fix America's problems. Rather than focus on national divorce as a solution, the better course of action is to seek common ground.

Ryan D. Griffiths is a Professor in the Department of Political Science at the Maxwell School of Citizenship and Public Affairs, Syracuse University. His research focuses on the dynamics of secession and the study of sovereignty, state systems, and international orders. He teaches on topics related to nationalism, international relations, and international relations theory.

Daniel Moran’s writing about literature and film can be found on Pages and Frames. He earned his B.A. and M.A. in English from Rutgers University and his Ph.D. in History from Drew University. The author of Creating Flannery O’Connor: Her Critics, Her Publishers, Her Readers, he teaches research and writing and co-hosts the long-running p

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Terri Diane Halperin, “The Alien and Sedition Acts of 1798: Testing the Constitution” (Johns Hopkins UP, 2016)

Sat, 09 Aug 2025 20:00:00 -0000

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.

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Lewis A. Grossman, "Choose Your Medicine: Freedom of Therapeutic Choice in America" (Oxford UP, 2021)

Sat, 09 Aug 2025 08:00:00 -0000

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.

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Jean-Marc Coicaud, "The Law and Politics of International Legitimacy" (Cambridge UP, 2025)

Tue, 05 Aug 2025 08:00:00 -0000

The Law and Politics of International Legitimacy (Cambridge University Press, 2025) examines the significance of the issue of political legitimacy at the international level, focusing on international law. It adopts a descriptive, critical, and reconstructive approach. In order to do so, the book clarifies what political legitimacy is in general and in the context of international law. The book analyzes how international law contributes to a sense of legitimacy through notions such as international membership, international rights holding, fundamental principles and hierarchy of rights holding, rightful conduct, and international authority. In addition, the book stresses the severe limitations of the legitimacy of international law and of the current international order that it contributes to regulate and manage. This leads the book to identify the conditions under which international order and international law could overcome their problems of legitimacy and become more legitimate. The book is interdisciplinary in nature, mobilizing international law, political and legal theory, philosophy, history, and political science.

Jean-Marc Coicaud is Distinguished Professor of Law and Global Affairs, Rutgers School of Law, New Jersey, USA and Fellow, Academia Europaea. He is also Fudan Distinguished Chair Professor at Fudan Institute for Advanced Studies in Social Sciences (Shanghai, China).

Leo Bader is a senior at Wesleyan University studying political theory and history.

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Michael Stauch, "Wildcat of the Streets: Detroit in the Age of Community Policing" (U Pennsylvania Press, 2025)

Mon, 28 Jul 2025 08:00:00 -0000

The criminalization of Black youth was central to policing in urban America during the civil rights era and continued in Detroit even after the rise of Black political control in the 1970s. Wildcat of the Streets documents how the “community policing” approach of Mayor Coleman Young (1974–1993)—including neighborhood police stations, affirmative action hiring policies, and public participation in law enforcement initiatives—transformed Detroit, long considered the nation’s symbol of racial inequality and urban crisis, into a crucial site of experimentation in policing while continuing to subject many Black Detroiters to police brutality and repression.

In response, young people in the 1970s and 1980s drew on the city’s storied history of labor radicalism as well as contemporary shopfloor struggles to wage a “wildcat of the streets,” consisting of street disturbances, decentralized gang activity, and complex organizations of the informal economy. In this revelatory new history of the social life of cities, Michael Stauch mines a series of evocative interviews conducted with the participants to trace how Black youth made claims for political equality over and against the new order of community policing.

Centering the perspective of criminalized and crime-committing young people, Wildcat of the Streets is an original interpretation of police reform, the long struggle for Black liberation, and the politics of cities in the age of community policing.

Guest: Michael Stauch (he/him) is an Associate Professor at the University of Toledo. He historian of the modern United States with a focus on policing, politics, and the intersection of race, labor, and youth in social movements.

Host: Jenna Pittman (she/her), a Ph.D. student in the Department of History at Duke University. She studies modern European history, political economy, and Germany from 1945-1990.

Scholars@Duke: https://scholars.duke.edu/pers...

Linktree: https://linktr.ee/jennapittman

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Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022)

Sun, 27 Jul 2025 08:00:00 -0000

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.

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Christopher T. Fleming, "Equity and Trusts in Sanskrit Jurisprudence" (British Academy, 2025)

Wed, 23 Jul 2025 08:00:00 -0000

This monograph outlines the core principles of equity and trusts in Sanskrit jurisprudence (Dharmaśāstra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmaśāstra describes phenomena that, in Anglo-American jurisprudence, are associated with courts of equity: the management of religious and charitable trusts; and the guardianship of those who lack legal capacity. Drawing on Sanskrit jurisprudential and philosophical texts, ancient inscriptions, Persian legal documents, colonial-era law reports, and contemporary case law, Equity and Trusts in Sanskrit Jurisprudence demonstrates that India's rulers have drawn on rich and venerable Sanskrit jurisprudential principles of equity and trusts in their efforts to regulate religious and charitable endowments. This book presents the history of India as a history of trusts, revealing how the contemporary law of Hindu religious endowments is subtended by a rich mélange of Sanskritic, Persianate, British, and constitutional jurisprudential principles.

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Ben Westhoff, "Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic" (Grove Press, 2019)

Sun, 20 Jul 2025 08:00:00 -0000

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.

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Carol Nackenoff and Julie Novkov, "American by Birth: Wong Kim Ark and the Battle for Citizenship" (UP of Kansas, 2021)

Sun, 20 Jul 2025 08:00:00 -0000

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.

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Simon Butt, "Judicial Dysfunction in Indonesia" (Melbourne UP, 2023)

Tue, 15 Jul 2025 08:00:00 -0000

Indonesia's judicial system has long been described as dysfunctional. Many of its problems developed out of decades of authoritarian rule, which began in the last few years of the reign of Indonesia's first president, Soekarno. By the time President Soeharto's regime fell in 1998, the judiciary had virtually collapsed. Judicial dependence on government, inefficiency and corruption were commonly seen as the main indicators of poor performance, resulting in very low levels of public trust in the courts. To address these problems, reformists focused on improving judicial independence. Yet while independence is a basic prerequisite for adequate judicial performance, much depends on how this independence is exercised. Judicial Dysfunction in Indonesia (Melbourne UP, 2023) demonstrates that Indonesian courts have tended to act without accountability and offers detailed analysis of highly controversial decisions by Indonesian courts, many of which have been of major political significance, both domestically and internationally. It sets out in concrete terms, for the first time, how bribes are negotiated and paid to judges and demonstrates that judges have issued poor decisions and engaged in corruption and other misconduct, largely without fear of retribution. Further, it explores unsafe convictions and public pressure as a threat to judicial independence. Judicial Dysfunction in Indonesia shines a sorely needed empirical light on the Indonesian judicial system, and is an essential resource for readers, scholars and students of Indonesian law and society.

Simon Butt is Professor of Indonesian Law and Director of the Centre for Asian and Pacific Law at the University of Sydney.

Professor Michele Ford is Professor of Southeast Asian Studies at the University of Sydney, Australia.

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David S. Wall, "Cybercrime: The Transformation of Crime in the Information Age" (Polity, 2024)

Sun, 13 Jul 2025 08:00:00 -0000

How has the digital revolution transformed criminal opportunities and behaviour? What is different about cybercrime compared with traditional criminal activity? What impact might cybercrime have on public security?

In this updated edition of his authoritative and field-defining text, cybercrime expert David Wall carefully examines these and other important issues. Incorporating analysis of the latest technological advances and their criminological implications, he disentangles what is really known about cybercrime today.

An ecosystem of specialists has emerged to facilitate cybercrime, reducing individual offenders’ level of risk and increasing the scale of crimes involved. This is a world where digital and networked technologies have effectively democratized crime by enabling almost anybody to carry out crimes that were previously the preserve of either traditional organized crime groups or a privileged coterie of powerful people. Against this background, the author scrutinizes the regulatory challenges that cybercrime poses for the criminal (and civil) justice processes, at both the national and the international levels.

This book offers the most intellectually robust account of cybercrime currently available. It is suitable for use on courses across the social sciences, and in computer science, and will appeal to advanced undergraduate and graduate students.

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Alexander Lian, "Stereoscopic Law: Oliver Wendell Holmes and Legal Education" (Cambridge UP, 2020)

Sun, 13 Jul 2025 08:00:00 -0000

A unique and thorough work of intellectual history and legal scholarship Stereoscopic Law: Oliver Wendell Holmes and Legal Education (Cambridge University Press, 2020) by Alexander Lian, a practicing commercial litigator, reconstructs Oliver Wendell Holmes’ as a pioneering legal pedagogue and sophisticated theoretician of law and the ‘reality of practice’. Lian advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes' perspective on legal education. Through meticulous analysis, Lian cogently shows that Holmes’ ‘theory of legal study’ broke down artificial barriers between theory and practice. For contemporary legal educators—and anyone interested in the history of America’s legal tradition—Stereoscopic Law reformulates Holmes’ fundamental message: the law must be seen, taught, and practiced three-dimensionally.

Alexandar Lian practices commercial litigation in Miami, FL. Since 2008, he has been a solo practitioner. Alexander Lian is a graduate of both the Graduate and Law Schools of Vanderbilt University. He has represented clients in a variety of contested matters ranging from high dollar contract disputes and real property disputes to the prosecution and collection of large judgments totaling in the millions. He is also a Florida Supreme Court Qualified Arbitrator and, formerly, president of COLBAR (Colombian American Bar Association).

Ayushi Singh is a graduate student at IIT Gandhinagar, India.

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Emma Marris, "Wild Souls: Freedom and Flourishing in the Non-Human World" (Bloomsbury, 2021)

Sun, 13 Jul 2025 08:00:00 -0000

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.

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Chinese Conceptualisation of the Rule of Law – a Conversation with Dr. Martin Lavicka

Tue, 08 Jul 2025 08:00:00 -0000

What does the 'rule of law' really mean in China? How does it shape the country’s politics, both at home and on the world stage? And why should it matter to the rest of us when universal norms are being challenged?

Dr. Tabita Rosendal from the Centre for East and South-East Asian Studies at Lund University, talks to Dr. Martin Lavicka, a scholar of Chinese studies, about his latest project on the rule of law in the Chinese context.

Dr. Martin Lavicka is a visiting research fellow at the Department of History and the Centre of East and South-East Asian Studies, Lund University. Martin is the PI of the project CLAW: Chinese Conceptualisation of the Rule of Law: Challenges for the International Legal Order. Martin’s research has been supported by the OP JAC Project “MSCA Fellowships at Palacký University II.” CZ.02.01.01/00/22_010/0006945 at Palacký University Olomouc, Czech Republic.

Episode producer: Julia Olsson

Links:

ResearchGate profile

AcademiaEdu profile

Martin’s latest article “Rule of Law with Chinese Characteristics: A Contested Landscape”

The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the following academic partners:

Asia Centre, University of Tartu (Estonia)
Asian studies, University of Helsinki (Finland)
Centre for Asian Studies, Vytautas Magnus University (Lithuania)
Centre for East and South-East Asian Studies, Lund University (Sweden)
Centre for East Asian Studies, University of Turku (Finland)
Norwegian Network for Asian Studies

This podcast was recorded in May 2025 in the wonderful podcast studio at Altitude, Collab Arena in The Loop.

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Rachel Killean and Lauren Dempster, "Green Transitional Justice" (Routledge, 2025)

Mon, 07 Jul 2025 08:00:00 -0000

In this episode, host Alex Batesmith sits down with Dr Rachel Killean and Dr Lauren Dempster to discuss their groundbreaking new book, Green Transitional Justice (Routledge, 2025). The conversation explores the urgent need to rethink transitional justice (TJ) in light of the environmental crises facing post-conflict societies.

Dr Killean and Dr Dempster begin by explaining what drew them to the intersection of TJ and environmental harm. Their book emerges from a shared concern that traditional TJ mechanisms—designed to address human rights violations in post-conflict settings—have largely ignored the profound and lasting harms inflicted on Nature. They deliberately use the term “harms against Nature” to signal a shift away from anthropocentric language and to foreground the agency and value of the natural world.

The book is structured around four major critiques of the TJ field. First, the authors argue that knowledge production in TJ is shaped by Eurocentric and neocolonial perspectives, often marginalising Indigenous and feminist epistemologies. They advocate for a more inclusive approach that recognises lived experience, interconnectivity, and the importance of naming environmental harm. Second, they critique the dominance of “anthropocentric legalism” in TJ—where legal frameworks and human rights discourses prioritise human victims and overlook ecological damage. This, they argue, limits the field’s ability to respond meaningfully to environmental destruction. The third critique addresses how TJ mechanisms often leave structural inequalities intact. Concepts like “slow violence” and “crimes of the powerful” help illuminate how environmental harms are ongoing and systemic, not just episodic. The authors call for a shift toward transformative environmental justice, drawing on thinkers like Nancy Fraser to propose a model that includes redistribution, recognition, and representation. Finally, the book challenges the neoliberal underpinnings of TJ, particularly its alignment with economic growth and extractivism. Instead, Killean and Dempster explore alternative worldviews—buen vivir, Ubuntu, and ecological swaraj—that offer more holistic, communitarian approaches to justice.

In closing, the authors outline six guiding principles for “greening” TJ, including decolonising justice, recognising non-human victimhood, and rejecting neoliberal inevitability. While acknowledging the challenges of such a radical reimagining, they remain hopeful that the field can evolve to meet the intertwined needs of people and planet.

Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor.

His University of Leeds profile page can be found here

Bluesky: @batesmith.bsky.social

LinkedIn: https://www.linkedin.com/in/batesmith/

His recent publications include:

‘“Closeted” Cause Lawyers in Authoritarian Cambodia’ (with Kieran McEvoy) Law and Society Review (2025) 1-33 DOI:10.1017/lsr.2025.29 (open access)
“Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4)
“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)

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Daanika Kamal, "Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women" (Oxford UP, 2025)

Thu, 03 Jul 2025 08:00:00 -0000

Pakistani women are increasingly pursuing legal avenues against acts of domestic violence. Their claims, however, are often dismissed through character allegations that label them as 'bad' women in need of control, or 'mad' women not to be trusted. Domestic Violence in Pakistan: The Legal Construction of 'Bad' and 'Mad' Women (Oxford University Press, 2025) by Dr. Daanika Kamal explores why the subjectivities of women victims are constructed in particular ways, and how these subjectivities are captured and negotiated in the Pakistani legal system.
Drawing on feminist poststructuralist accounts relating to the use of gendering strategies in institutional and disciplinary settings and based on an analysis of over a hundred case files and judgements, seventy-two interviews, and court observations in three cities of Pakistan, this book shadows the experiences of women victims of domestic violence in both criminal law and family law proceedings. It captures and offers empirical insights in relation to gendered subject formation in discursive spaces; ranging from the use of societal narratives that minimise and silence women's harms, to the deployment of police mechanisms that assist in maintaining the 'secrecy' of familial violence, and the application and enactment of boilerplate lawyerly strategies to present alternative legal 'truths.'
Amidst regulations of the public versus the private and understandings of rights versus duties, Domestic Violence in Pakistan explores how these practices construct the victim-subject of domestic violence in a way that not only subjectivise her, but also secure her within the field of that subjectification; setting her up to be viewed by the judiciary through the lens of the allegations applied to her.

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Secrets of the Killing State

Thu, 03 Jul 2025 08:00:00 -0000

In the popular imagination, lethal injection is a slight pinch and a swift nodding off to forever-sleep. It is performed by well-qualified medical professionals. It is regulated and carefully conducted. And it provides a “humane” death. In reality, however, not one of those things is true. Secrets of the Killing State: The Untold Story of Lethal Injection (NYU Press, 2025) presents the view of lethal injection that states have worked hard to hide. The story told here is bigger than the executions themselves. Fake science, torturous drugs, inept executioners, prison problems, and decades of state secrecy have created an execution method hard-wired to go wrong in countless ways.
The story of lethal injection is a story of gross incompetence, law breaking, torturous deaths, and a stunning indifference to the way in which human beings die at the hands of the state. These are the secrets of the killing state—all that we know from litigation files, scientific studies, investigative journalism, autopsy reports, interviews, and scholarship across a number of fields. Death penalty expert Corinna Barrett Lain uses this groundbreaking journey into the dark reality of lethal injection to shine a light on the American death penalty more broadly and show that the state at its most powerful moment is also the state at its worst.

Our guest is: Professor Corinna Barrett Lain, who is S. D. Roberts & Sandra Moore Professor of Law at University of Richmond School of Law.

Our host is: Dr. Christina Gessler, who is the producer of the Academic Life podcast.

Playlist for listeners:

The Journal of Higher Education in Prison

Hands Up, Don't Shoot

Freemans Challenge

Carceral Apartheid

Stitching Freedom

Education Behind The Wall

A Conversation About The Emerson Prison Initiative

Teaching About Race and Racism in the College Classroom

Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by downloading and sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 250+ Academic Life episodes? Find them here. And thank you for listening!

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Yonatan Y. Brafman, "Critique of Halakhic Reason: Divine Commandments and Social Normativity" (Oxford UP, 2024)

Mon, 30 Jun 2025 08:00:00 -0000

For centuries, Jewish thinkers have asked two parallel questions. First, what is the reasoning behind an individual commandment and second, why bother heeding a command at all, something Dr. Brafman terms “reasons for” vs “reasons of” the commandments. In his newest book, Critique of Halakhic Reason: Divine Commandments and Social Normativity (Oxford UP, 2024), Dr. Brafman looks closely at the second of these questions. After considering answers from some of the most important Jewish thinkers of the 20th century, Joseph Soloveitchik, Yeshayahu Leibowitz, and Eliezer Berkovits, Dr. Brafman introduces his own system of thought. For him, the reasons for the commandments depend on a number of factors. We don’t follow them blindly. And they don’t always have to adhere to perfect and pure reason. Instead they are, to use a term he employs throughout is book, “constructed” based on any number of factors including our relationship with God and the norms that exist within our society. In conversation with some of the most important secular legal theorist and philosophers of the past 100 years, Dr Brafman charts a new course in Jewish theology, both defending and reimagining the place of our obligation to halakhah, Jewish law, for the 21st century.

Professor Yonatan Brafman is Associate Professor of Modern Judaism in the Department of Religion, with a secondary appointment in the Department of Literary and Cultural Studies at Tufts University.

Rabbi Marc Katz is the Senior Rabbi at Temple Ner Tamid in Bloomfield, NJ. He is most recently the author of Yochanan’s Gamble: Judaism’s Pragmatic Approach to Life (JPS)

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Paul R. Beckett, "An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America" (de Gruyter, 2023)

Mon, 30 Jun 2025 08:00:00 -0000

Tax havens in offshore lands like Switzerland, the Cayman Islands and the Bahamas were once considered a rarity, the preserve of the super-rich. Today, they are big business available to the masses. Their goal? To avoid any form of accountability. Own nothing. Possess everything. Be answerable to no one. Where are these tax havens? What forms can they take? What future lies in store for them, and why should we care?

An Anatomy of Tax Havens: Europe, the Caribbean and the United States of America (de Gruyter, 2023) answers these questions, and more, in the first comparative study in one volume of European, Caribbean and United States tax havens.

It examines their simple origin to the extreme forms some take today, delving into the murky subculture that has deliberately made them impenetrably obscure. Uniquely, it combines detailed technical expertise (regulatory regimes, financial crime, legal and equitable structuring) with an analysis of their impact on domestic and global political, economic, environmental and social concerns.

An Anatomy of Tax Havens is a fascinating, informative read for a broad readership; from legal, accountancy and tax practitioners to compliance regulators, law enforcement agencies, and students and researchers interested in business studies, taxation, and crime.

Paul R. Beckett is a Lawyer and Academic, specializing in company, commercial and trust law; banking and fund management; cryptocurrencies and the blockchain. He practices on the Isle of Man.

Caleb Zakarin is editor of the New Books Network.

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Jennifer R. Nájera, "Learning to Lead: Undocumented Students Mobilizing Education" (Duke UP, 2024)

Fri, 27 Jun 2025 08:00:00 -0000

In Learning to Lead: Undocumented Students Mobilizing Education (Duke University Press, 2024), Jennifer R. Nájera explores the intersections of education and activism among undocumented students at the University of California, Riverside. Taking an expansive view of education, Nájera shows how students’ experiences in college—both in and out of the classroom—can affect their activism and advocacy work. Students learn from their families, communities, peers, and student and political organizations. In these different spaces, they learn how to navigate community and college life as undocumented people. Students are able to engage campus organizations where they can cultivate their leadership skills and—importantly—learn that they are not alone. These students embody and mobilize their education through both large and small political actions such as protests, workshops for financial aid applications, and Know Your Rights events. As students create community with each other, they come to understand that their individual experiences of illegality are part of a larger structure of legal violence. This type of education empowers students to make their way to and through college, change their communities, and ultimately assert their humanity.

Jennifer R. Nájera is Associate Professor of Ethnic Studies at the University of California, Riverside.

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.

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Vivian Kong, "Multiracial Britishness: Global Networks in Hong Kong, 1910–45" (Cambridge UP, 2023)

Sun, 22 Jun 2025 08:00:00 -0000

What does it mean to be British? To answer this, Multiracial Britishness: Global Networks in Hong Kong, 1910–45 (Cambridge UP, 2023) by Dr. Vivian Kong takes us to an underexplored site of Britishness – the former British colony of Hong Kong. Vivian Kong asks how colonial hierarchies, the racial and cultural diversity of the British Empire, and global ideologies complicate the meaning of being British. Using multi-lingual sources and oral history, Dr. Kong traces the experiences of multiracial residents in 1910-45 Hong Kong.

Guiding us through Hong Kong's global networks, and the colony's co-existing exclusive and cosmopolitan social spaces, this book uncovers the long history of multiracial Britishness. Dr. Kong argues that Britishness existed in the colony in multiple, hyphenated forms – as a racial category, but also as privileges, a means of survival, and a form of cultural and national belonging. This book offers us an important reminder that multiracial inhabitants of the British Empire were just as active in the making of Britishness as the British state and white Britons.

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Judicial Territory: Law, Capital, and the Expansion of American Empire with Shaina Potts

Fri, 20 Jun 2025 08:00:00 -0000

In this episode, we sit down with Shaina Potts, author of Judicial Territory: Law, Capital, and the Expansion of American Empire (Duke University Press, 2024)—a groundbreaking book that reveals how U.S. courts have quietly become instruments of global economic governance. Drawing on legal geography and a sharp understanding of finance and political economy, Shaina uncovers how American judicial authority has extended beyond borders to discipline postcolonial states, enforce the primacy of private property, and protect the rights of foreign investors. This legal reach—what she calls judicial territory—has been a crucial, yet overlooked, pillar of U.S. empire and the liberal international order.

The conversation unpacks how doctrines like foreign sovereign immunity and the act of state doctrine have enabled courts in New York and elsewhere to shape global capital flows, often treating foreign governments like private firms. Through detailed case studies—such as a startling instance where a U.S. court orders Ghana to seize an Argentine ship—we trace the long arc of legal imperialism from the Cold War through today’s multipolar tensions. We also ask: Could China or Russia create alternative legal geographies of power? What does the future hold for judicial authority in fields like tech regulation, climate, and global finance?

GUEST BIO: Dr. Shaina Potts is an economic, legal, and political geographer and Associate Professor at UCLA. She focuses on the articulation of international political economy, geopolitics, and law. In the age of globalization, cross-border economic processes are often treated as placeless, ubiquitous flows, making nation-states and borders increasingly obsolete. Her work shows, in contrast, how transnational economic relations are inscribed in concrete and geographically specific legal and institutional practices and that states remain central to producing and governing this activity. Much of her research combines analyses of technical, economic, and legal processes with extensive historical and geopolitical contextualization to show how the perpetuation of North-South economic inequalities is shaped by the micro-operations of contracts, financial transactions, and law. A strand of her research focuses on financial geographies of sovereign debt, with a focus on debt crises in the Global South.

More on Shaina and research is available here: https://geog.ucla.edu/person/shaina-potts/

LINKS TO RESOURCES:

Judicial Territory: Law, Capital, and the Expansion of American Empire: https://dukeupress.edu/judicial-territory
Long-form essay on Shaina Potts' Judicial Territory by Ilias Alami: https://journals.sagepub.com/doi/10.1177/0308518X251342660
The Spectre of State Capitalism by Ilias Alami and Adam Dixon: https://academic.oup.com/book/57552

Corporate Sovereignty Law and Government under Capitalism by Joshua Barkan - https://www.upress.umn.edu/9780816674275/corporate-sovereignty/

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Mark Somos, Matthew Cleary, Pablo Dufour, Edward Jones Corredera, and Emanuele Salerno, "The Unseen History of International Law" (Oxford UP, 2025)

Tue, 17 Jun 2025 08:00:00 -0000

The Unseen History of International Law (Oxford University Press, 2025) locates and describes almost one thousand surviving copies of the first nine editions of Hugo Grotius' De iure belli ac pacis (IBP) published between 1625 and 1650. Meticulously reconstructing the publishing history of these first nine editions and cataloguing copies across hundreds of collections, The Unseen History provides fundamental data for reconstructing the impact of IBP across time and space. The authors, Dr. Mark Somos, Dr. Matthew Cleary, Dr. Pablo Dufour, Dr. Edward Jones Corredera, and Dr. Emanuele Salerno, also examined annotations that thousands of owners and readers have left in IBP copies over four centuries, offering original insights into the development of international law.
Grotius' De iure belli ac pacis has been commonly regarded as the foundation of modern international law since its first appearance in 1625. Most major international law scholars have engaged with IBP, often owning and richly annotating their own copies. At key moments - including the demise of the Holy Roman Empire, the fall of Napoleon, and the end of both world wars - IBP was reissued with new commentaries by multinational projects devoted to restarting the international order. Despite the enormous literature on IBP's reception and influence, we cannot fully understand its impact without uncovering the history of IBP as a physical object, with hundreds of thousands of unpublished annotations arguing or agreeing with the text, updating and adapting its contents.
Approaching Grotius' seminal work as a physical vehicle of the author's, the publishers', owners', and readers' engagement, The Unseen History radically expands and revises our understanding not only of IBP, but also of the academic discipline and lived practice of modern international law over the last four centuries. In addition to delving into the first nine editions' printing history, descriptive bibliography, and both Grotius' and the publishers' marketing and donation strategies, the book explores Grotius' subsequent impact on pro-slavery and abolitionist litigation as a case study of how the census' original findings can be applied to specific areas of reception.

This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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The Freedom Academy

Tue, 10 Jun 2025 08:00:00 -0000

When Professor Asha Rangappa began posting online about the lessons she was teaching in the Yale University course on Russian intelligence and information warfare, the public took notice. Many reached out for a copy of the syllabus, and began lamenting that they couldn’t take her course. This led to the creation of a series of free lessons and presentations for the public through The Freedom Academy – which is Professor Rangappa’s popular Substack.

In this episode, we unpack key concepts taught by The Freedom Academy, including: how propaganda reaches us; the Alien Enemies Act of 1798; due process; civic literacy; the characteristics of truth tellers; transparency and accountability as pillars of democracy; and what happens when public trust erodes.

Our guest is: Asha Rangappa, who is assistant dean and a senior lecturer at Yale University’s Jackson School of Global Affairs and a former Associate Dean at Yale Law School. Prior to her current position, Asha served as a Special Agent in the New York Division of the FBI, specializing in counterintelligence investigations. Her work involved assessing threats to national security, conducting classified investigations on suspected foreign agents and performing undercover work. While in the FBI, Asha gained experience in electronic surveillance, interview and interrogation techniques, firearms and the use of deadly force. She received her law degree from Yale Law School where she was a Coker Fellow in Constitutional Law, and served as a law clerk to the Honorable Juan R. Torruella on the U.S. Court of Appeals for the First Circuit in San Juan, Puerto Rico. She is admitted to the State Bar of New York (2003) and Connecticut (2003). Asha has published op-eds in The New York Times, The Wall Street Journal and The Washington Post among others and is currently a legal contributor for ABC News. She is on the board of editors of Just Security and a member of the Council of Foreign Relations. She created the popular Substack called The Freedom Academy.

Our host is: Dr. Christina Gessler, who is the producer and show host of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell and what happens to those we never tell. She works as a developmental editor for scholarly projects.

Playlist for listeners:

Immigration Realities

Understanding Disinformation

The Ungrateful Refugee

Where is home?

Who gets believed?

Belonging

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Brando Simeo Starkey, "Their Accomplices Wore Robes: How the Supreme Court Chained Black America to the Bottom of a Racial Caste System" (Doubleday, 2025)

Fri, 06 Jun 2025 08:00:00 -0000

Their Accomplices Wore Robes: How the Supreme Court Chained Black America to the Bottom of a Racial Caste System (Doubleday, 2025) takes readers from the Civil War era to the present and describes how the Supreme Court, even more than the presidency or Congress, aligned with the enemies of Black progress to undermine the promise of the Constitution’s Thirteenth, Fourteenth, and Fifteenth Amendments.
The Reconstruction Amendments, which sought to abolish slavery, establish equal protection under the law, and protect voting rights, converted the Constitution into a potent anti-caste document. But in the years since, the Supreme Court has refused to allow the amendments to fulfill that promise. Time and again, when petitioned to make the nation’s founding conceit, that all men are created equal, real for Black Americans, the nine black robes have chosen white supremacy over racial fairness.

Their Accomplices Wore Robes brings to life dozens of cases and their rich casts of characters to explain how America arrived at this point and how society might arrive somewhere better, even as today’s federal courts lurch rightward.

Brando Simeo Starkey is a writer and scholar. A graduate of Harvard Law School and a member of the New York Bar, he taught law at Villanova Law School and wrote for several years for ESPN’s The Undefeated (now Andscape). Born and raised in Cincinnati, he lives in Southern California with his wife and two sons. You can find him online at The Braveverse, and on his YouTube channel of the same name.

You can find the host, Sullivan Summer, online, on Instagram, and at Substack, where she and Brando continue their conversation.

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Anthony C. Infanti, "The Human Toll: Taxation and Slavery in Colonial America" (NYU Press, 2025)

Tue, 03 Jun 2025 08:00:00 -0000

The Human Toll: Taxation and Slavery in Colonial America (NYU Press, 2025) by Anthony C. Infanti documents how the American colonies used tax law to dehumanize enslaved persons, taxing them alongside valuable commodities upon their forced arrival and then as wealth-generating assets in the hands of slaveholders. Dr. Infanti examines how taxation also proved to be an important component for subjugating and controlling enslaved persons, both through its shaping of the composition of new arrivals to the colonies and through its funding of financial compensation to slaveholders for the destruction of their “property” to ensure their cooperation in the administration of capital punishment. The variety of tax mechanisms chosen to fund slaveholder compensation payments conveyed messages about who was thought to benefit from—and, therefore, who should shoulder the burden of—slaveholder compensation while opening a revealing window into these colonial societies.
While the story of colonial tax law is intrinsically linked to advancing slavery and racism, Infanti reveals how several colonies used the power of taxation as a means of curtailing the slave trade. Though often self-interested, these efforts show how taxation can be used not only in the service of evil but also to correct societal injustices. Providing a fascinating account of slavery’s economic entrenchment through the history of American tax law, The Human Toll urges us to consider the lessons that fiscal history holds for those working in the reparations movement today.

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Carol A. Heimer, "Governing the Global Clinic: HIV and the Legal Transformation of Medicine" (University of Chicago Press, 2025)

Mon, 02 Jun 2025 08:00:00 -0000

HIV emerged in the world at a time when medicine and healthcare were undergoing two major transformations: globalization and a turn toward legally inflected, rule-based ways of doing things. It accelerated both trends. While pestilence and disease are generally considered the domain of biological sciences and medicine, social arrangements—and law in particular—are also crucial.

Drawing on years of research in HIV clinics in the United States, Thailand, South Africa, and Uganda, Governing the Global Clinic: HIV and the Legal Transformation of Medicine (University of Chicago Press, 2025) by Dr. Carol Heimer examines how growing norms of legalized accountability have altered the work of healthcare systems and how the effects of legalization vary across different national contexts. A key feature of legalism is universalistic language, but, in practice, rules are usually imported from richer countries (especially the United States) to poorer ones that have less adequate infrastructure and fewer resources with which to implement them. Challenging readers to reconsider the impulse to use law to organize and govern social life, Governing the Global Clinic poses difficult questions: When do rules solve problems, and when do they create new problems? When do rules become decoupled from ethics, and when do they lead to deeper moral commitments? When do rules reduce inequality? And when do they reflect, reproduce, and even amplify inequality?

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S4 E40 Interpretations of the Second Amendment: A Conversation with Joel Alicea

Thu, 29 May 2025 08:00:00 -0000

The Supreme Court’s ruling in 2022 changed the established methodology for evaluating Second Amendment cases. What was the existing methodology, and what does this shift signify for future interpretations?

We sit down with Joel Alicea, Professor of Law and Director, the Center for the Constitution and the Catholic Intellectual Tradition at the Columbus School of Law at the Catholic University of America.

We discuss the implication of the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen and the new methodology relates to originalist interpretations. He answers questions on how courts define “tradition” when using it as legal reasoning, and the limitations it can pose. Finally, Alicea offers a nuanced perspective on the application of gun rights in America with recognition of America’s complicated relationship with firearms.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Executive Power and the President Who Would Not Be King: A Conversation with Michael McConnell

Wed, 21 May 2025 08:00:00 -0000

In this episode of Madison’s Notes, Michael McConnell examines the gap between the Founders’ vision of a limited presidency and today’s expansive executive power. Drawing on his book The President Who Would Not Be King (Princeton University Press, 2022), we discuss how the Constitution’s safeguards against monarchical authority have eroded over the past century—and what steps might restore balance to our system of government. From war powers to administrative overreach, the conversation tackles the urgent question: How did we get here, and what can be done?

Michael McConnell is a renowned constitutional scholar, Stanford Law professor, and former federal judge on the Tenth Circuit Court of Appeals. A leading voice on originalism and separation of powers, his work bridges historical intent and modern legal debates, making him the perfect guide for this critical discussion.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Postcript: Calibrating the Outrage-Democratic Erosion, Legality, and Politics

Wed, 21 May 2025 08:00:00 -0000

We’ve been focusing on the dynamics of democratic backsliding in the United States and beyond. In this episode of Postscript: Conversations on Politics and Political Science, Susan talks the co-founder and co-director of the Democratic Erosion Consortium, Dr. Robert Blair about how the Consortium offers FREE resources to teachers, students, journalists, policy makers, and any interested person – including shared syllabus, readings, assignments, YouTube virtual roundtables, and policy briefs. Rob defines democratic erosion and offers critical insights on the importance of interdisciplinarity, calibrating outrage, and distinguishing between policy disputes and the erosion of democracy. He offers a clear-headed analysis of what is legal v. what breaks down democracy that is not to be missed. We conclude with thoughts on what everyone can do protect democracy.

Dr. Robert Blair is Associate Professor of Political Science and International and Public Affairs at Brown University and co-founder and co-director of the Democratic Erosion Consortium. He studies the consolidation of state authority after civil war, with an emphasis on rule of law and security institutions, as well as the causes and consequences of democratic backsliding. His book, Peacekeeping, Policing, and the Rule of Law after Civil War, was published in 2020 with Cambridge University Press and his articles appear in political science outlets such as American Political Science Review, American Journal of Political Science, Journal of Politics, Comparative Political Studies, and International Organization but also science journals such as Science, Nature Human Behaviour, or Current Opinion in Psychology.

Mentioned:

Inside Higher Ed piece on grants terminated by the Trump administration, including one that funded the Democratic Erosion Consortium
“An Events-Based Approach to Understanding Democratic Erosion,” P/S Political Science & Politics by Rob, Hannah Baron, Jessica Gottlieb, and Laura Paler summarizes their data collection efforts on democratic backsliding
A special issue of P/S Political Science & Politics on the study of democratic backsliding
An academic article on combatting misinformation from Current Opinion in Psychology by Rob, Jessica Gottlieb, Brendan Nyhan, Laura Paler, Pablo Argote, and Charlene J. Stainfield
Democratic Erosion Project website and data set
Chris Geidner, Law Dork: Supreme Court, Law, Politics, and More Substack
Center for Systemic Peace’s Polity Project coding authority characteristics of states in the world system
University of Notre Dame’s V-Dem Project measuring democracy
Rob mentioned Brazil as a fruitful comparison for the US. He is particularly focused on how the courts can defend democratic institutions and processes – and how hard it can be to know where to draw the line between courts protecting vs. assailing democracy, and to know when the line has been crossed. Two gift articles from The New York Times here and here.
Contact info for Rob: robert_blair@brown.edu
Follow Rob and Democratic Erosion Consortium on social media: @robert_a_blair on X, @DemErosionDEC on X, @robertblair.bsky.social on BlueSky, @demerosiondec.bsky.social on BlueSky

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Nicholas Barry et al., "Constitutional Conventions: Theories, Practices and Dynamics" (Routledge, 2025)

Tue, 20 May 2025 08:00:00 -0000

Constitutional Conventions: Theories, Practices and Dynamics (Routledge, 2025) is an excellent edited volume exploring the various ways in which governments and constitutional structures operate in the spaces that are not necessarily articulated in law, edict, or formal documents. This is not a text about the folks who gathered together in 1787 in Philadelphia, or even those who wrote new constitutional structures after the fall of the Berlin Wall. Conventions means the rules that govern the interactions between political actors and the governments they inhabit. In many ways, this refers to the kinds of norms that have grown up around different parts of the systems of government. The strength and endurance of those rules or norms can change over time and in response to crises or dynamic changes. Constitutional Conventions: Theories, Practices, and Dynamics explores these thick and thin dimensions of the governing structures from a comparative perspective, taking up Anglo and American systems in the United States, the United Kingdom, and Australia. The book also examines the cases of Hungary and Czechia (the Czech Republic), two post-Cold War systems; and finally, also, China.

In considering these constitutional conventions, we can think of them as structures or engagement that is not enforced by the courts, since these are not, per se, written constitutional laws. In long standing liberal democracies, there is an inclination towards adhering to conventions. But when these conventions are under strain, how they work, or maintain “regular order” becomes a critical test within the established governmental systems. Constitutional Conventions provides another dimension of significant interest in the discussion of how China works within these kinds of conventions within the process in which political individuals come up through the governmental and party systems and move into leadership roles. The comparative case study of Hungary and Czechia indicates that even in somewhat similar structures, the conventions and norms are not always the same.

Constitutional Conventions: Theories, Practices, and Dynamics is an important analysis of the ways in which governmental structures work beyond what is written or built as the official system. The discussions cover theoretical, practical, and comparative dimensions of our understandings of the processes and functions of governments.

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 (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or send her missives at Bluesky @gorenlj.

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Tamara Lea Spira, "Queering Families: Reproductive Justice in Precarious Times" (U California Press, 2025)

Mon, 19 May 2025 08:00:00 -0000

Envisioning queer futures where we lovingly wager everything for the world's children, the planet, and all living beings against all odds, and in increasingly precarious times. Tamara Lea Spira's Queering Families: Reproductive Justice in Precarious Times (U California Press, 2025) traces the shifting dominant meanings of queer family from the late twentieth century to today. With this book, Spira highlights the growing embrace of normative family structures by LGBTQ+ movements--calling into question how many queers, once deemed unfit to parent, have become contradictory agents within the US empire's racial and colonial agendas. Simultaneously, Queering Families celebrates the rich history of queer reproductive justice, from the radical movements of the 1970s through the present, led by Black, decolonial, and queer of color feminist activists. Ultimately, Spira argues that queering reproductive justice impels us to build communities of care to cherish and uphold the lives of those who, defying normativity's violent stranglehold, are deemed to be unworthy of life. She issues the call to lovingly wager a future for the world's children, the planet, and all living beings against all odds, and in increasingly perilous times.

Shui-yin Sharon Yam is Professor of Writing, Rhetoric, and Digital Studies at the University of Kentucky. She is the author of Inconvenient Strangers: Transnational Subjects and the Politics of Citizenship and more recently, Doing Gender Justice: Queering Reproduction, Kin and Care (co-authored withe Natalie Fixmer-Oraiz).

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Dionne Koller, "More Than Play: How Law, Policy, and Politics Shape American Youth Sport" (U California Press, 2025)

Sun, 18 May 2025 08:00:00 -0000

Tens of millions of children in the United States participate in youth sport, a pastime widely believed to be part of a good childhood. Yet most children who enter youth sport are driven to quit by the time they enter adolescence, and many more are sidelined by its high financial burdens. Until now, there has been little legal scholarly attention paid to youth sport or its reform. In More Than Play: How Law, Policy, and Politics Shape American Youth Sport (University of California Press, 2025) Dr. Dionne Koller sets the stage for a different approach by illuminating the law and policy assumptions supporting a model that puts children's bodies to work in an activity that generates significant surplus value. In doing so, she identifies the wide array of beneficiaries who have a stake in a system that is much more than just play—and the political choices that protect these parties' interests at children's expense.

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Jeanne Sheehan, "American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6" (Palgrave Macmillan, 2024)

Wed, 14 May 2025 08:00:00 -0000

American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6 (Palgrave Macmillan, 2024) analyzes the roots of widespread disenchantment with American government. While blame often falls on the individuals in office, they are not operating in isolation. Rather they are working within a system designed by the Framers with one goal in mind, protectionism. Although the Framers got much right, their commitment to protection of liberty led them to design a system replete with divisions of power. Whatever its merits at the founding, the government today is frequently described as dysfunctional and far too often unresponsive to the majority, unaccountable, and unable to deliver for its people.

For those disillusioned with the current state of government and committed to effectuating meaningful change, this book advocates in favor of a fundamental reassessment of the system's primary objectives, followed by deliberation as to how it should be restructured accordingly. It not only presents specific reform proposals, but it ends with a stark warning: until and unless we embrace reasoned structural reform, we cannot be surprised if at some point the people become so frustrated that they either disengage, fight back, or seek solace in autocratic alternatives.

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Jennifer Holt, "Cloud Policy: A History of Regulating Pipelines, Platforms, and Data" (MIT Press, 2024)

Tue, 13 May 2025 08:00:00 -0000

How the United States' regulation of broadband pipelines, digital platforms, and data—together understood as “the cloud”—has eroded civil liberties, democratic principles, and the foundation of the public interest over the past century.

Cloud Policy: A History of Regulating Pipelines, Platforms, and Data (MIT Press, 2024) is a policy history that chronicles how the past century of regulating media infrastructure in the United States has eroded global civil liberties as well as democratic principles and the foundation of the public interest. Jennifer Holt explores the long arc of regulating broadband pipelines, digital platforms, and the data centers that serve as the cloud's storage facilities—an evolution that is connected to the development of nineteenth- and twentieth-century media and networks, including railroads, highways, telephony, radio, and television. In the process, Cloud Policy unearths the lasting inscriptions of policy written for an analog era and markets that no longer exist on the contemporary governance of digital cloud infrastructure.
Cloud Policy brings together numerous perspectives that have thus far remained largely siloed in their respective fields of law, policy, economics, and media studies. The resulting interdisciplinary argument reveals a properly scaled view of the massive challenge facing policymakers today. Holt also addresses the evolving role of the state in the regulation of global cloud infrastructure and the growing influence of corporate gatekeepers and private sector self-governance. Cloud policy's trajectory, as Holt explains, has enacted a transformation in the cultural valuation of infrastructure as civic good, turning it into a tool of commercial profit generation. Despite these current predicaments, the book's historical lens ultimately helps the reader to envision restorative interventions and new forms of activism to create a more equitable future for infrastructure policy.

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Constitutional Crisis or a Stalemate?

Mon, 12 May 2025 08:00:00 -0000

At the 100 day mark of Donald Trump’s second term as president, the political scientists at Bright Line Watch released their 25th report on the state of American democracy entitled “Threats to democracy and academic freedom after Trump’s second first 100 days.” Based on polling both experts (760 political scientists) and the public (representative sample of 2000 Americans), the Bright Line Watch researchers find that the Trump administration has challenged constitutional and democratic norms on a wide range of issues, including the scope of executive power and the authority of courts to check it, individual freedom of expression, due process and habeas corpus, immigration, and academic freedom. In this episode of POSTSCRIPT: Conversations on Politics and Political Science, two of Bright Line Watch’s co-directors analyze the latest report – and what it means for American democracy. Topics include democratic performance, threats to democracy and academic freedom and self-censorship.

Dr. John Carey (he/him) is the Wentworth Professor in the Social Sciences at Dartmouth College. He is the author of 6 books and dozens of articles on democratic institutions, representation, and political beliefs.

Dr. Gretchen Helmke is the Thomas H. Jackson Distinguished University Professor in the Department of Political Science and faculty director of the Democracy Center at the University of Rochester. Her research focuses on democracy and the rule of law in Latin America and the United States. Her new co-authored article definition and measuring democratic norms is forthcoming in the Annual Review of Political Science. She has been named a Guggenheim Fellow for 2025.

Mentioned:

Bright Line Watch’s April 2025 report, Threats to Democracy and Academic Freedom after Trump's Second First 100 Days (based on parallel surveys of 760 political scientists and a representative sample of 2,000 Americans fielded in April).

Bright Line Watch homepage with data and past reports
John Carey on NPR’s All Things Considered, 4/22 discussing the latest report.
Adam Przeworski’s Substack Diary (free to subscribe and read)
Democratic Erosion Project (with dataset that Gretchen mentioned)
Susan’s New Books Network conversation with Dr. Sue Stokes on the importance of integrating comparative politics and American politics.

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Lara Montesinos Coleman, "Struggles for the Human: Violent Legality and the Politics of Rights" (Duke UP, 2023)

Sat, 10 May 2025 08:00:00 -0000

In Struggles for the Human: Violent Legality and the Politics of Rights (Duke University Press 2024), Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives.

Lara Montesinos Coleman is Professor of International Law, Ethics and Political Economy at the University of Sussex, where she also teaches on the MA in Human Rights. She is author of Struggles for the Human: Violent Legality and the Politics of Rights, published by Duke University Press in 2024 and shortlisted for the Susan Strange Best Book Prize, awarded for an outstanding book published in any field of International Studies.

Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at tw2468@columbia.edu.

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Jake Monaghan, "Just Policing" (Oxford UP, 2023)

Fri, 09 May 2025 08:00:00 -0000

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Mark Fallon, "Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture" (Regan Arts, 2017)

Thu, 08 May 2025 08:00:00 -0000

From busting drug lords to leading the Pentagon task force charged with bringing the 9/11 terrorists to justice, Mark Fallon has spent his career on the front lines of U.S. national security.

My first guest is one of the most fascinating people I've interviewed. Former NCIS Special Agent in Charge Mark Fallon is a national security consultant, scholar, and expert in counterintelligence and counterterrorism who's been involved in some of the most significant terrorism investigations in U.S. history. Mark served more than thirty years in government—twenty-seven with the NCIS and two as a Senior Executive within the Department of Homeland Security. He received numerous awards and medals for his service, including the Department of Defense Counterintelligence Award for Outstanding Achievement and the U.S. Secret Service Director Honors Award.

As an NCIS Special Agent, Mark operated undercover in some of the most dangerous places in the world—from infiltrating drug rings in Thailand to capturing poachers in Kenya. He takes us inside his undercover operations and describes his strategy for a successful mission.

We talked about the interview and interrogation techniques that actually work (hint: they involve rapport and, occasionally, French fries), and the moment his wife discovered details of an undercover operation.

In the wake of the 9/11 terrorist attacks, Mark was appointed Deputy Commander and Special Agent in Charge of the Pentagon task force, responsible for investigating terrorists for possible trials before military commissions. His critically acclaimed book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture (Regan Arts, 2017) offers a gripping account of the leadership challenges he faced while trying to bring terrorists to justice without compromising his oath to protect and defend the Constitution.

Mark opens up about what it takes to lead under pressure, the duty to disobey an unlawful order, and why interrogators make the best first dates He shares leadership lessons that extend far beyond national security—tools for navigating crisis, conflict, and high-stakes decisions in any field.

Today, as founder of ClubFed, Mark serves as an international security consultant and continues his mission for improving the practice of interviews and interrogations.

Pulitzer Prize–winning investigative reporter Bill Dedman calls Mark Fallon "the Serpico in the war on terror," and high-ranking officials call him an American hero who’s made the world safer. Listen to the podcast—and you'll understand why.

Pamela Hamilton is the award-winning author of Lady Be Good: The Life and Times of Dorothy Hale, Kirkus Best Book of the Year and Publishers Weekly Editor's Pick. As a producer with NBC News for nearly 15 years, she interviewed prominent figures in business, entertainment, lifestyle, and the arts. Visit www.pamelalhamilton.com to learn more — and sign up to be notified when new episodes are released. Connect on Instagram and Facebook @pamelahamiltonauthor.

"We told them 'You may not, you must not—you have a duty not to obey an unlawful order."

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Maïa Pal, "Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital" (Cambridge UP, 2020)

Tue, 06 May 2025 08:00:00 -0000

With rigorous attention to history and empire, Maïa Pal's Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge UP, 2020) is a unique analysis of imperial expansion. Through an analysis of ambassadors and consuls in the Mediterranean—and attention to Castilian, French, Dutch, and British empires—Pal's multifaceted conceptualization of jurisdictional analysis gathers together law and capital in the early modern period. A compelling application of political Marxist frameworks, Jurisdictional Accumulation is a multidisciplinary approach to thinking through extraterritoriality and its implications.

Through archival work, theorization, and legal analyses, Pal offers us a novel way to better understand the links between capital, law, and imperial authority.

Dr. Maïa Pal is a Senior Lecturer in International Relations at Oxford Brookes University. Her research brings together international relations theory, international political economy, and histories of international law, and focuses on early modern overseas consuls, imperialism, and empire.
Rine Vieth is an FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion.

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Stephen H. Legomsky, "Reimagining the American Union: The Case for Abolishing State Government" (Cambridge UP, 2024)

Mon, 05 May 2025 08:00:00 -0000

Since American president Donald Trump was elected to a second term, it is common to hear citizens, journalists, and public officials distinguish between the laws and leaders of their states and the national government. Those who oppose Trump’s policies with regard to reproductive rights, gun violence, LGBTQ+, education, police, and voting often present state constitutions, courts, laws, culture, and leaders as a bulwark against Trump’s autocratic rule.

But Professor Stephen H. Legomsky sees it differently. His new book, Reimagining the American Union: The Case for Abolishing State Government (Cambridge University Press 2025) argues that – if we care about democracy – we should imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of one American people. Reimagining the American Union understands state government as the root cause of the gravest threats to American democracy. While some of those threats are baked into the Constitution, the book argues that others are the product of state legislatures abusing their powers through gerrymanders, voter suppression, and other less-publicized manipulations that often target African-Americans and other minority voters. Reimagining the American Union interrogates how having national, state and local legislative bodies, taxation, bureaucracy, and regulation wastes taxpayer money and burdens the citizenry. After assessing the supposed benefits of state government, Professor Legomsky argues for a new, unitary American republic with only national and local governments.

Stephen H. Legomsky is the John S. Lehmann University Professor Emeritus at the Washington University School of Law. Professor Legomsky has published scholarly books on immigration and refugee law, courts, and constitutional law. He served in the Obama Administration as Chief Counsel of U.S. Citizenship and Immigration Services and later as Senior Counselor to Secretary of Homeland Security Jeh Johnson. He was a member of President-Elect Biden’s transition team, has testified often before Congress, and has worked with state, local, UN, and foreign governments.

Mentioned:

Cambridge University press is offering a 20% discount here (until October)
Susan’s NBN interview with Richard Kreitner on Break It Up: Secession, Division, and The Secret History of America’s Imperfect Union
Jonathan A. Rodden’s Why Cities Lose: The Deep Roots of the Urban-Rural Political Divide (Basic Books 2019)
Hendrik Hertzberg’s review of Robert A. Dahl’s How Democratic Is the American Constitution (Yale)
Shelby County v. Holder, the Supreme Court case that overturned the Voting Rights Act of 1965’s pre-clearance requirement for historically discriminating districts

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Caitlin Killian, "Understanding Reproduction in Social Contexts" (Bloomsbury, 2025)

Mon, 28 Apr 2025 08:00:00 -0000

In today's post-Roe v. Wade world, U.S. maternal mortality is on the rise and laws regarding contraception, involuntary sterilization, access to reproductive health services, and criminalization of people who are gestating are changing by the minute. Today I’m joined by Dr. Caitlin Killian, the editor of and one of the contributors to a new book from Bloomsbury Academic, Understanding Reproduction in Social Contexts: A Reader. I’m also pleased to host two of the chapter authors, Drs. Nancy Hiemstra and Jaya Keaney.

Using a reproductive justice framework, Understanding Reproduction in Social Contexts walks students through the social landscape around reproduction through the life course. Chapters by cutting-edge reproductive scholars, practitioners, and advocates address the social control of fertility and pregnancy, the promises and perils of assisted reproductive technologies, experiences of pregnancy, miscarriage, abortion, and birth, and how individuals make sense of and respond to the cultural, social, and political forces that condition their reproductive lives. The book takes an intersectional approach and considers how gender, sexuality, fatness, disability, class, race, and immigration status impact both an individual's health and the healthcare they receive. The reader includes timely topics such as increased legal limitations on abortion, transpeople and reproduction, and new developments in assisted reproduction and family formation. The book can support undergraduate and graduate courses on families, gender, public health, reproduction, and sexuality – and I’m pleased to have contributed a chapter.

Dr. Caitlin Killian is a Professor of Sociology at Drew University specializing in gender, families, reproduction, and immigration. We featured her book, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity 2023) previously on New Books Network. Her articles have appeared in Contexts magazine and The Conversation, as well as numerous academic journals, and she has done work for the United Nations on sexual and reproductive health and rights and on Syrian refugee women

Dr. Nancy Hiemstra is a political, cultural, and feminist geographer and Associate Professor in the Department of Women's, Gender, and Sexuality Studies at Stony Brook University. Her scholarship focuses on how border and immigration policies shape patterns and consequences of human mobility. Her 2019 book Detain and Deport: The Chaotic U.S. Immigration Enforcement Regime examined the U.S. detention and deportation system, and her forthcoming book (with Deirdre Conlon) Immigration Detention Inc: The Big Business of Locking Up Migrants scrutinizes how profit making goals drive the expanding use of detention.

Dr Jaya Keaney is Lecturer in Gender Studies in the School of Social and Political Sciences at the University of Melbourne. She writes, researches, and teaches in the fields of feminist technoscience, queer and feminist theory, and cultural studies. Her research across these fields explores reproduction, racism, and queer feminist practices of embodiment and inheritance. Jaya is the author of Making Gaybies: Queer Reproduction and Multiracial Feeling (Duke University Press, 2023), which was a finalist for the 2024 Rachel Carson Prize. Her writing has also appeared in journals such as Body and Society, Science Technology & Human Values, and the Duke University Press edited collection Long Term: Essays on Queer Commitment (2021).

Mentioned:

Susan’s interview with Caitlin on Failing Moms: The Social Condemnation and Criminalization of Mothers (Polity, 2024).

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Jeff Sebo, "The Moral Circle: Who Matters, What Matters, and Why" (Norton, 2025)

Sun, 27 Apr 2025 08:00:00 -0000

Today, human exceptionalism is the norm. Despite occasional nods to animal welfare, we prioritize humanity, often neglecting the welfare of a vast number of beings. As a result, we use hundreds of billions of vertebrates and trillions of invertebrates every year for a variety of purposes, often unnecessarily. We also plan to use animals, AI systems, and other nonhumans at even higher levels in the future. Yet as the dominant species, humanity has a responsibility to ask: Which nonhumans matter, how much do they matter, and what do we owe them in a world reshaped by human activity and technology?

In The Moral Circle: Who Matters, What Matters, and Why (W.W. Norton, 2025), philosopher Jeff Sebo challenges us to include all potentially significant beings in our moral community, with transformative implications for our lives and societies.

This book explores provocative case studies such as lawsuits over captive elephants and debates over factory-farmed insects, and compels us to consider future ethical quandaries, such as whether to send microbes to new planets, and whether to create virtual worlds filled with digital minds. Taking an expansive view of human responsibility, Sebo argues that building a positive future requires the shedding of human exceptionalism and radically rethinking our place in the world.

Jeff Sebo is Associate Professor of Environmental Studies, Affiliated Professor of Bioethics, Medical Ethics, Philosophy, and Law, Director of the Center for Environmental and Animal Protection, Director of the Center for Mind, Ethics, and Policy, and Co-Director of the Wild Animal Welfare Program at New York University.

Kyle Johannsen is Sessional Faculty Member in the Department of Philosophy at Trent University. His most recent authored book is Wild Animal Ethics: The Moral and Political Problem of Wild Animal Suffering (Routledge, 2021).

Let's face it, most of the popular podcasts out there are dumb. NBN features scholars (like you!), providing an enriching alternative to students. We partner with presses like Oxford, Princeton, and Cambridge to make academic research accessible to all. Please consider sharing the New Books Network with your students. Download this poster here to spread the word.

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Eleanor Paynter, "Emergency in Transit: Witnessing Migration in the Colonial Present" (U California Press, 2024)

Sat, 26 Apr 2025 08:00:00 -0000

Emergency in Transit: Witnessing Migration in the Colonial Present (University of California Press, 2024) by Dr. Eleanor Paynter responds to the crisis framings that dominate migration debates in the global north. This capacious, interdisciplinary open-access study reformulates Europe's so-called "migrant crisis" from a sudden disaster to a site of contested witnessing, where competing narratives threaten, uphold, or reimagine migrant rights.

Focusing on Italy, a crucial port of arrival, Dr. Paynter draws together testimonials from ethnographic research—alongside literature, film, and visual art—to interrogate the colonial, racial logics that inform emergency responses to migration. She also examines the media, discourses, policies, and practices that shape lived experiences of migration well beyond international borders. Centering the witnessing of Black Africans in Italy, Emergency in Transit reveals how this emergency apparatus operates and posits a vision of mobility that refutes the notions of crisis so often imposed on those who cross the Mediterranean Sea.

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Philip J. Stern, "Empire, Incorporated: The Corporations That Built British Colonialism" (Harvard UP, 2023)

Thu, 24 Apr 2025 08:00:00 -0000

Welcome to the Global Corporations Special Series on the Law Channel on the New Books Network. This Special Series is dedicated to interviews with scholars about recent books engaging with different aspects of global corporations – with a focus on the role of law and legal forms.

Our guest today is Professor Philip J. Stern, Professor of History at the History Department at Duke University. Philip is a historian of the British Empire, with an interest in the role of companies and corporations in colonial enterprise, overseas exploration and cartography, the historiography of British India, early modern economic thought, and digital and data visualization approaches to the problem of colonial sovereignty.

We spoke with Philip in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his most recent book, Empire, Incorporated: The Corporations That Built British Colonialism (Harvard University Press, 2023).

The book places corporations at the centre of the story of the British Empire. It is both a masterful synthesis of a vast body of existing historiographical literature and an incredibly original contribution describing the various corporations engaged in the interrelated and competing projects of what it terms as “corporate or venture colonialism” and their long afterlives of entangled sovereign and commercial powers.

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Philip V. McHarris, "Beyond Policing" (Legacy Lit, 2024)

Wed, 23 Apr 2025 08:00:00 -0000

What would happen if policing disappeared? Would we be safe? This book imagines a world without police.

It's evident that policing is a problem. But what is the best way forward? In Beyond Policing, distinguished scholar and writer Philip V. McHarris reimagines the world without police to find answers and reveal how we can make police departments obsolete.

Beyond Policing tackles thorny issues with evidence, including data and personal stories, to uncover the weight of policing on people and communities and the patterns that prove police reform only leads to more policing.

McHarris challenges us to envision a future where safety is not synonymous with policing but is built on the foundation of community support and preventive measures. He explores innovative community-based safety models (like community mediators and violence interrupters), the decriminalization of driving offenses, and the creation of nonpolice crisis response teams. McHarris also outlines strategies for responding to conflict and harm in ways that transform the conditions that give rise to the issues. He asks us to imagine a world where people thrive without the shadow of inequality, where our approach to safety is a collective achievement.

McHarris writes, "What if our response to crisis wasn't about control but about care? How can we create conditions where safety is a shared responsibility? How can we design justice so that no community is routinely oppressed? Envisioning such a world isn't just a daydream; it's the first step toward building a society where violence and fear no longer dictate our lives."

Transformative and forward thinking, Beyond Policing provides a blueprint for a brighter, safer world. McHarris's vision is clear: we must dare to move beyond policing and foster a society where everyone has the resources to thrive and feel safe.

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Tadashi Ishikawa, "Geographies of Gender: Family and Law in Imperial Japan and Colonial Taiwan" (Cambridge UP., 2024)

Wed, 23 Apr 2025 08:00:00 -0000

In Geographies of Gender: Family and Law in Imperial Japan and Colonial Taiwan (Cambridge University Press, 2024) Dr. Tadashi Ishikawa traces perceptions and practices of gender in the Japanese empire on the occasion of Japan's colonisation of Taiwan from 1895. In the 1910s, metropolitan and colonial authorities attempted social reform in ways which particularly impacted on family traditions and, therefore, gender relations, paving the way for the politics of comparison within and beyond the empire. In Geographies of Gender, Dr. Ishikawa delves into a variety of diplomatic issues, colonial and anticolonial discourses, and judicial cases, finding marriage gifts, daughter adoption, and premarital sexual relationships to be sites of tension between norms and ideals among both elite and ordinary men and women. He explores how the Japanese empire became a gendered space from the 1910s through the outbreak of the Second Sino-Japanese War in 1937, arguing that gender norms were both unsettled and reinforced in ways which highlight the instability of metropole-colony relations.

This interview was conducted by Dr. Miranda Melcher whose book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s interviews on New Books with Miranda Melcher, wherever you get your podcasts.

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Daniel J. Solove, "On Privacy and Technology" (Oxford UP, 2025)

Tue, 22 Apr 2025 08:00:00 -0000

Data and privacy have emerged as critical issues in our digitally interconnected era, profoundly influencing individual rights, societal norms, and democratic processes. In his book, On Privacy and Technology (Oxford UP, 2025), Daniel Solove provides a compelling exploration of the intersection between evolving technologies and privacy rights. Drawing on insights from law, philosophy, sociology, and communication studies, Solove unpacks the complex ways in which digital innovations challenge traditional notions of privacy and autonomy. The book advances a nuanced argument advocating for a reevaluation of how privacy is conceptualized and protected in an age dominated by data collection, surveillance, and algorithmic governance.

In this episode, Daniel Solove discusses how contemporary privacy concerns—ranging from mass surveillance and data breaches to algorithmic bias and digital profiling—can be critically understood and addressed. Grounded in rigorous theoretical analysis, the conversation pushes against the narrative that technological advancement inevitably erodes privacy, instead highlighting strategies and frameworks through which privacy rights can be reclaimed and reinforced in the digital age.

This interview was conducted by Shreya Urvashi, a doctoral researcher of sociology and education based in Toronto, Canada.

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Constitutional Private Law: A Conversation with Garrett West

Wed, 16 Apr 2025 08:00:00 -0000

What is constitutional private law, and how does it differ from the way we traditionally think about constitutional issues? When an individual employed by the government breaks the law, do we sue the person or the government? And what do these choices reveal about justice, accountability, and constitutional interpretation?

This week Madison’s Notes welcomes Garrett West, Associate Professor of Law at Yale Law School, for a deep dive into constitutional private law, an often-overlooked dimension of constitutional theory. While most discussions focus on government power and structure, this episode explores how constitutional principles might extend into private relationships and disputes.

West breaks down essential legal vocabulary, examines unexpected historical shifts in constitutional doctrine, and analyzes how courts have grappled with applying constitutional norms beyond the state. From torts and remedies to federal courts and administrative law, this conversation challenges conventional boundaries and asks: Where does the Constitution’s authority end?

A must-listen for anyone interested in legal theory, civil liberties, and the evolving role of constitutional law in private life.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Engage and Evade in 2025: Asad L. Asad on Latino Immigrants in America

Sat, 12 Apr 2025 08:00:00 -0000

Today I’m speaking with Asad L. Asad, Assistant Professor of Sociology at Stanford University. He is the author of Engage and Evade: How Latino Immigrant Families Manage Surveillance in Everyday Life (Princeton UP, 2023). A highly relevant book, Engage and Evade documents the interactions between undocumented people and the agents and institutions of government. One might expect undocumented people to avoid the IRS, but as Asad demonstrates, many engage with government institutions in the hopes that positive interactions and compliance might help their immigration cases down the road. Published in 2023, immigration policy and treatment of undocumented people by the government has shifted dramatically in a short time. I’m grateful today to be able to speak with Asad about this thoughtful book.

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Kathleen Thelen, "Attention, Shoppers!: American Retail Capitalism and the Origins of the Amazon Economy" (Princeton UP, 2025)

Tue, 08 Apr 2025 08:00:00 -0000

The United States is widely recognized as the quintessential consumer society, one where huge companies like Walmart and Amazon are famous for enticing customers with cheap goods and speedy delivery. Attention, Shoppers!: American Retail Capitalism and the Origins of the Amazon Economy (Princeton University Press, 2025) traces the origins and evolution of American retail capitalism from the late nineteenth century to today, uncovering the roots of a bitter equilibrium where large low-cost retailers dominate and vast numbers of low-income families now rely on them to make ends meet.

Offering a comparative perspective on the history of American political economy, Dr. Kathleen Thelen shows how large-scale retailers in the United Kingdom, Germany, Denmark, and Sweden faced a far less hospitable regulatory environment than companies in the United States, which enjoyed judicial forbearance and often active government support. As American companies grew in scale and scope, they assembled an ever-expanding political coalition that could be weaponized to head off regulatory efforts, leveraging their market strength to squeeze suppliers and workers and even engaging in outright rule breaking when they encountered resistance.

Placing the rise of the Amazon economy in a broader comparative-historical context, Attention, Shoppers! reveals how large discount retailers have successfully exploited a uniquely permissive regulatory landscape to create a shopper’s paradise built on cheap labor and mass consumption.

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James Boyle Draws the Line Between Humans and AI

Sat, 05 Apr 2025 08:00:00 -0000

It’s the UConn Popcast, and we spoke with Duke Law Professor James Boyle about his new book The Line: AI and the Future of Personhood (MIT Press, 2024). We spoke with Boyle about how our legal and moral understandings of personhood are being challenged by advances in AI. We discussed the role of the law, popular culture, tests of sentience, and our capacity for empathy in shaping this urgent debate.

James Boyle is William Neal Reynolds Professor of Law at Duke Law School and founder of the Center for the Study of the Public Domain.

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Giacinto della Cananea, "The Common Core of European Administrative Laws: Retrospective and Prospective" (Brill/NIjhoff, 2023)

Sun, 30 Mar 2025 08:00:00 -0000

Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. The Common Core of European Administrative Laws Retrospective and Prospective (Brill/NIjhoff, 2023) an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.

This is the fourth book in the series, Comparative Law in Global Perspective published by Brill Niehoff, and it is available open access here.

Giacinto della Cananea is a full professor in the department of law at the University of Bocconi. He holds a PhD in European law from the European University Institute (1994) and a law degree from the University of Rome ‘La Sapienza’ (1989). He is a public lawyer, with research interests in administrative law, European Union law and global administrative law, with specific focus on three areas: the comparative law of administrative procedures, the general principles of law, and budgetary issues. He and Mauro Bussani are co-editors of the series Comparative Law in Global Perspective, published by Brill Niehoff

Jessie Cohen holds a Ph.D. in History from Columbia University. She is an editor at the New Books Network

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Andrew Canessa and Manuela Lavinas Picq, "Savages and Citizens: How Indigeneity Shapes the State" (U Arizona Press, 2025)

Sun, 30 Mar 2025 08:00:00 -0000

Although Indigenous peoples are often perceived as standing outside political modernity, Savages and Citizens: How Indigeneity Shapes the State (University of Arizona Press, 2025) by Dr. Andrew Canessa & Dr. Manuela Lavinas Picq takes the provocative view that Indigenous people have been fundamental to how contemporary state sovereignty was imagined, theorized, and practiced.

Delving into European political philosophy, comparative politics, and contemporary international law, this open-access book shows how the concept of indigeneity has shaped the development of the modern state. The exclusion of Indigenous people was not a collateral byproduct; it was a political project in its own right. The book argues that indigeneity is a political identity relational to modern nation-states and that Indigenous politics, although marking the boundary of the state, are co-constitutive of colonial processes of state-making. In showing how indigeneity is central to how the international system of states operates, the book forefronts Indigenous peoples as political actors to reject essentializing views that reduce them to cultural “survivors” rooted in the past.

With insights drawn from diverse global contexts and empirical research from Bolivia and Ecuador, this work advocates for the relevance of Indigenous studies within political science and argues for an ethnography of sovereignty in anthropology. Savages and Citizens makes a compelling case for the centrality of Indigenous perspectives to understand the modern state from political theory to international studies.

This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. You can find Miranda’s episodes on New Books with Miranda Melcher, wherever you get your podcasts.

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Mikhail Goldis, "Memoirs of a Jewish District Attorney from Soviet Ukraine" (Academic Studies Press, 2024)

Fri, 28 Mar 2025 08:00:00 -0000

What was it like to work as a Jewish district attorney in provincial Soviet Ukraine in the post-Stalinist eras? What role did antisemitism and Holocaust memories play in solving and investigating the criminal cases? How does a detective’s mind work? The answers to these and many other fascinating questions are found in Memoirs of a Jewish District Attorney from Soviet Ukraine (Academic Studies Press, 2024).

Mikhail Goldis (1926-2020) worked as a detective and district attorney for 30 years in Ukraine and wrote his memoirs after immigrating to the US in 1993. Translated by Marat Grinberg, a prolific scholar of Russian and Jewish literature and cinema, the memoirs tell the rich and poignant story of Goldis’s life and what it took for a Jew to navigate and survive in the halls of Soviet power.

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Postscript: Not a Matter of Left or Right: Historians Fighting Censorship

Mon, 24 Mar 2025 08:00:00 -0000

The presidents of the American Historical Association and Organization of American Historians join the podcast to talk about the effects of historical censorship, data shredding, meaningful public education – and what everyone can do to fight back.

After being sworn in as the 47th president, Donald Trump issued a slew of executive orders. The order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” declares that “It is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. Under my direction, the Executive Branch will enforce all sex-protective laws to promote this reality...” This order has swiftly affected what people may read on websites or museum panels that describe historical events and artifacts.

As a new joint statement from the American Historical Association and the Organization of American Historians recounts, “Some alterations, such as those related to topics like the Tuskegee Airmen and the internment of Japanese Americans during World War II, have been hurriedly reversed in response to public outcry. Others remain. The scrubbing of words and acronyms from the Stonewall National Monument webpage, for instance, distorts the site’s history by denying the roles of transgender and queer people in movements for rights and liberation. This distortion of history renders the past unrecognizable to the people who lived it and useless to those who seek to learn from the past.”

Dr. Beth English is Executive Director of the Organization of American Historians. Her research and teaching focus on the historical and contemporary labor movement, working-class issues, globalization, deindustrialization, and women in the workplace. She is the author of A Common Thread: Labor, Politics, and Capital Mobility in the Textile Industry, and co-editor of Global Women’s Work: Perspectives on Gender and Work in the Global Economy. She has contributed to the Washington Post, NPR, Vox, Huffington Post, The New Republic, and other media outlets.

Dr. James R. Grossman is executive director of the American Historical Association. Previously, he was vice president for research and education at the Newberry Library, and has taught at University of Chicago and University of California, San Diego. Among his many publications are the award-winning books, Land of Hope: Chicago, Black Southerners, and the Great Migration and A Chance to Make Good: African-Americans, 1900–1929. His articles and short essays have focused on various aspects of American urban history, African American history, ethnicity, higher education, and the place of history in public culture. His public facing scholarship includes work published in the Chicago Tribune, New York Times, Los Angeles Times, Time, The Hill, The Chronicle of Higher Education, and Inside Higher Education.

Grossman has consulted on history-related projects generated by the BBC, Smithsonian, and various theater companies, film makers, museums, libraries, and foundations. He has served on the governing boards of the National Humanities Alliance, American Council of Learned Societies, Association of American Colleges and Universities, and Center for Research Libraries.

Mentioned:

OAH’s Records at Risk Data Collection Initiative for individuals to report removed or changed material
For federal workers who are interested in sharing their experiences, OAH’s Emergency Oral History Project
Arlington National Cemetery website removes histories highlighting Black, Hispanic, and women veterans
National Center for Education Statistics (NCES)
Removal of climate data from government websites
Contribute to AHA and OAH
5calls ap for connecting with federal senators and representatives
AHA Action Alert for Iowa residents (and AHA letter to Iowa Senate Education Committee)

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Joshua Ehrlich, "The East India Company and the Politics of Knowledge" (Cambridge UP, 2023)

Mon, 24 Mar 2025 08:00:00 -0000

Our guest today is Dr. Joshua Ehrlich, Associate Professor in the Department of History at the University of Macau. Josh is a historian of knowledge and political thought with a focus on the East India Company and the British Empire in South and Southeast Asia.

We spoke with Josh in a live event as part of a workshop in Hong Kong on the history of companies in Asia about his first book, The East India Company and the Politics of Knowledge which was published by Cambridge University Press in 2023.

The book is a deeply researched and well-written account of how East India Company officials developed and deployed ideas about knowledge to bolster its own authority, and to manage the transition from corporate sovereignty towards unitary state sovereignty. In the process, Josh develops a novel methodological approach that he calls the history of ideas of knowledge – an approach that allows us to recover past meanings and usages of concepts about knowledge to make them available again in the present.

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Gerald J. Postema, "Law's Rule: The Nature, Value, and Viability of the Rule of Law" (Oxford UP, 2022)

Sun, 23 Mar 2025 08:00:00 -0000

Rule of law faces serious threats to its viability in many countries. It has become a recurring topic in the media and is affecting our daily lives. To understand better the meaning of rule of law, the stakes, and how governments and citizens can respond to today’s challenges, we must return to first principles.

In Law’s Rule (Oxford U. Press, 2022), eminent philosopher of law Gerald Postema draws on a lifetime of research and thought to articulate and defend a comprehensive, coherent, and compelling conception of the rule of law and defend it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, Postema argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association.

Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law.

Postema’s work is theoretically rigorous while addressing the myriad practical considerations in building and maintaining the rule of law.

Gerald Postema is Emeritus Professor of Philosophy, University of North Carolina had has widely published in legal and political philosophy and ethics. He earned a BA degree from Calvin College (1970) and PhD (1976) from Cornell University. He began his teaching career at Johns Hopkins University (1975-1980). From 1980 until his retirement in 2019, he taught philosophy and law at UNC-Chapel Hill, since 1996 as Boshamer Distinguished Professor of Philosophy.

He is interviewed by Thomas McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack.

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Ahmed M. Abozaid, "Counterterrorism Strategies in Egypt: Permanent Exceptions in the War on Terror" (Routledge, 2021)

Sat, 22 Mar 2025 08:00:00 -0000

Ahmed M. Abozaid’s Counterterrorism Strategies in Egypt: Permanent Exceptions in the War on Terror (Routledge, 2021) reveals how counterterrorism discourses and practices became the main tool of a systematic violation of human rights in Egypt after the Arab Uprising. It examines how the civic and democratic uprising in Egypt turned into robust authoritarianism. By interrogating Egypt’s counterterrorism legislation, the book identifies a correlation between counterterrorism narratives and the systemic violation of human rights. It examines the construction of a national security state that has little tolerance for dissent, political debate or the questioning of official policy, and how the anti-terrorism measures undertaken are actually anti-democracy strategies.

In this episode, Ibrahim Fawzy interviews Ahmed M. Abozaid about his personal experiences, the difference between critical and traditional terrorism studies, the impact of counterterrorism policies on marginalized communities in Upper Egypt, and more.

Ibrahim Fawzy is a literary translator and writer based in Boston. His interests include translation studies, Arabic literature, ecocriticism, disability studies, and migration literature.

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Andrew Clapham, "War" (Oxford UP, 2021)

Fri, 21 Mar 2025 08:00:00 -0000

This book poses the question: How relevant is the concept of war today? Professor Andrew Clapham of the Graduate Institute of International and Development Studies in Geneva examines how notions about war continue to influence how we conceive rights and obligations in national and international law. It considers the role international law plays in limiting what is forbidden and what is legitimated in times of war or armed conflict. The book highlights how, even though war has been outlawed and should be finished as an institutions, sates nevertheless continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, imprison law-of-war detainees, and attack objects that are said to be part of a war-sustaining economy. Professor Clapham argues that, while there is general agreement that war has been abolished as a legal institution for settling disputes, the time has come to admit that the belligerent rights that once accompanied states at war are no longer available. In other words, simply claiming to be in a war or an armed conflict does not grant anyone a licence to kill people, destroy things, and acquire other people’s property or territory.

In this podcast, we begin by exploring Professor Clapham’s motivation for writing the book and the central arguments challenging traditional ideas of war, law, and state power. We discuss how historical, and outdated, ideas of ‘prize’ or war booty continue to influence modern conflict, and explore how rhetorical usages of the words ‘war’ and ‘armed conflict’ exert a particular influence on populations and even on the soldiers themselves. Professor Clapham argues that human rights law should play a bigger role in limiting actions of states in armed conflict, and looks to the future legal challenges posed by cyber warfare, drones and AI / autonomous weapons. We also touch on accountability for war crimes and other international crimes, both at the level of international state responsibility as seen at the International Court of Justice, and at the individual criminal liability as seen in the International Criminal Court. We end with an intriguing insight into how Professor Clapham is looking to further develop his thinking for his next book.

This book is available OPEN ACCESS here.

Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion.

His University of Leeds profile page can be found here:

Bluesky: @batesmith.bsky.social

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Simon Rabinovitch, "Sovereignty and Religious Freedom: A Jewish History" (Yale UP, 2024)

Mon, 17 Mar 2025 08:00:00 -0000

It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy.

By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty.

Simon Rabinovitch is the Stotsky Associate Professor of Jewish Historical and Cultural Studies at Northeastern University. He teaches and writes on a range of topics in European, Jewish, Russian, and legal history.

Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

Mentioned in the podcast:

• Simon Rabinovitch, Jewish Rights, National Rites: Nationalism and Autonomy in Late Imperial and Revolutionary Russia (2014)
• Maurice Samuels, The Right to Difference: French Universalism and the Jews (2016)
• David Sorkin, The Religious Enlightenment: Protestants, Jews, and Catholics from London to Vienna (2008)
• David Sorkin, Jewish Emancipation: A History across Five Centuries (2019)
• Lawrence Rosen, The Rights of Groups: Understanding Community in the Eyes of the Law (2024)
• Winnifred Fallers Sullivan, Church State Corporation: Construing Religion in US Law (2020)
• Nomi M. Stolzenberg and David N. Myers, American Shtetl: The Making of Kiryas Joel, a Hasidic Village in Upstate New York (2022)
• David Biale, Power & Powerlessness in Jewish History (1986)

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Mark Neocleous, "Pacification: Social War and the Power of Police" (Verso, 2025)

Sat, 15 Mar 2025 08:00:00 -0000

Today I talked to Mark Neocleous about his new book Pacification: Social War and the Power of Police (Verso, 2025).

For more than two decades, Neocleous has been a pioneer in the radical critique of policing, security, and warfare. Today we will discuss his newest work on the theory and practice of pacification, which, he argues, is “social warfare carried out through the ideology of peace.” Pacification not only aims to counter resistance to capitalist exploitation, dispossession, and displacement, but it aims to prevent such resistance from emerging in the first place by constructing social institutions and the built environment. Pacification is a totalizing process by which states deploy social policies, symbolic practices, and coercive operations in order to produce cooperative – or at least acquiescent – subjects. However, pacification never succeeds in obscuring the antagonistic nature of capitalist social relations. Consequently, pacification becomes an endless social war for peace.

Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London. His previous books include A Critical Theory of Police Power (reissued by Verso in 2021), The Politics of Immunity (Verso, 2022), and War Power, Police Power (Edinburgh 2014). As a member of the Anti-Security Collective, he co-authored the Security Abolition Manifesto, which is available at anti-security.org.

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Postscript: How Trump’s Executive Order Contradicts Birthright Citizenship

Thu, 13 Mar 2025 08:00:00 -0000

Birthright citizenship is established in the first sentence of the Fourteenth Amendment to the United States Constitution – yet Donald Trump’s recent Executive Order 14160 denies some types of birthright citizenship. The Order contradicts over a century of American law, legal practice, and constitutional interpretation. Three groups have opposed the order as unconstitutional and challenged it in the courts: and cities, civil rights organizations, and labor organizations. In the podcast, three scholars to help Susan and Lilly interrogate the meaning of natural born citizenship, the political ramifications of Trump’s order, and the complicated history of natural born citizenship in the United States.

Dr. Anna O. Law is the Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at Brooklyn College, City University of New York.

Julie Novkov is Dean of Rockefeller College of Public Affairs and Policy and Professor of Political Science and Women’s, Gender, and Sexuality Studies, University at Albany, SUNY.

Carol Nackenoff is the Emerita Richter Professor of Political Science, Swarthmore College

Mentioned:

Calvin’s Case (1608)
Donald Trump’s Executive order 14160
Julie and Carol’s 2021 book American by Birth: Wong Kim Ark and the Battle for Citizenship and their NBN interview with Susan.
Anna’s 2025 FREE open-access article “The Civil War and Reconstruction Amendments’ Effects on Citizenship and Migration”
Anna’s NBN conversation with Heath Brown on her 2017 book, The Immigration Battle in American Courts
Lilly’s conversation with Martha Jones about her book, Birthright Citizens: A History of Race and Rights in Antebellum America
Kate Masur, Until Justice Be Done: America’s First Civil Rights Movement, from Revolution to Reconstruction (2021)
Lilly’s NBN conversation with Elizabeth Cohen and Cyril Ghosh about their 2019 book Citizenship

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Melissa Vise, "The Unruly Tongue: Speech and Violence in Medieval Italy" (U Pennsylvania Press, 2025)

Wed, 12 Mar 2025 08:00:00 -0000

The Unruly Tongue: Speech and Violence in Medieval Italy (University of Pennsylvania Press, 2025) by Dr. Melissa Vise, offers a new account of how the power of words changed in Western thought. Despite the association of freedom of speech with the political revolutions of the eighteenth century that ushered in the era of modern democracies, Dr. Vise locates the history of the repression of speech not in Europe’s monarchies but rather in Italy’s republics. Exploring the cultural process through which science and medicine, politics, law, literature, and theology together informed a new political ethics of speech, Dr. Vise uncovers the formation of a moral code where the regulation of the tongue became an integral component of republican values in medieval Europe.

The medieval citizens of Italy’s republics understood themselves to be wholly subject to the power of words not because they lived in an age of persecution or doctrinal rigidity, but because words had furnished the grounds for their political freedom. Speech-making was the means for speaking the republic itself into existence against the opposition of aristocracy, empire, and papacy. But because words had power, they could also be deployed as weapons. Speech contained the potential for violence and presented a threat to political and social order, and thus needed to be controlled. Dr. Vise shows how the laws that governed and curtailed speech in medieval Italy represented broader cultural understandings of human susceptibility to speech. Tracing anthropologies of speech from religious to political discourse, from civic courts to ecclesiastical courts, from medical texts to the works of Dante and Boccaccio, The Unruly Tongue demonstrates that the thirteenth century marked a major shift in how people perceived the power, and the threat, of speech: a change in thinking about “what words do.”

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Kristin A. Olbertson, "The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776" (Cambridge UP, 2022)

Sun, 09 Mar 2025 08:00:00 -0000

The Dreadful Word: Speech Crime and Polite Gentlemen in Massachusetts, 1690–1776 (Cambridge University Press, 2022) by Dr. Kristin Olbertson is the first comprehensive study of criminal speech in eighteenth-century New England, traces how the criminalization, prosecution, and punishment of speech offenses in Massachusetts helped to establish and legitimate a social and cultural regime of politeness.

Analyzing provincial statutes and hundreds of criminal prosecutions, Dr. Olbertson argues that colonists transformed their understanding of speech offenses, from fundamentally ungodly to primarily impolite. As white male gentility emerged as the pre-eminent model of authority, records of criminal prosecution and punishment show a distinct cadre of politely pious men defining themselves largely in contrast to the vulgar, the impious, and the unmanly. “Law,” as manifested in statutes as well as in local courts and communities, promoted and legitimized a particular, polite vision of the king's peace and helped effectuate the British Empire. In this unique and fascinating work, Dr. Olbertson reveals how ordinary people interacted with and shaped legal institutions.

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Kimberly Clausing, "Open: The Progressive Case for Free Trade, Immigration, and Global Capital" (Harvard UP, 2019)

Sat, 08 Mar 2025 09:00:00 -0000

Critics on the Left have long attacked open markets and free trade agreements for exploiting the poor and undermining labor, while those on the Right complain that they unjustly penalize workers back home. In Open: The Progressive Case for Free Trade, Immigration, and Global Capital (Harvard University Press, 2019), Kimberly Clausing takes on old and new skeptics in her compelling case that open economies are actually a force for good. Turning to the data to separate substance from spin, she shows how international trade makes countries richer, raises living standards, benefits consumers, and brings nations together. At a time when borders are closing and the safety of global supply chains is being thrown into question, she outlines a clear agenda to manage globalization more effectively, presenting strategies to equip workers for a modern economy and establish a better partnership between labor and the business community.

Kimberly Clausing holds the Eric M. Zolt Chair in Tax Law and Policy at the UCLA School of Law. During the first part of the Biden Administration, Clausing was the Deputy Assistant Secretary for Tax Analysis in the US Department of the Treasury, serving as the lead economist in the Office of Tax Policy. Prior to coming to UCLA, Clausing was the Thormund A. Miller and Walter Mintz Professor of Economics at Reed College. Professor Clausing is also a nonresident senior fellow at the Peterson Institute for International Economics, a member of the Council on Foreign Relations, and a research associate at the National Bureau of Economic Research. She has worked on economic policy research with the International Monetary Fund, the Hamilton Project, the Brookings Institution, the Tax Policy Center, and the Center for American Progress. She has testified before the House Ways and Means Committee, the Senate Committee on Finance, the Senate Committee on the Budget, and the Joint Economic Committee. Professor Clausing received her B.A. from Carleton College in 1991 and her Ph.D. from Harvard University in 1996, both in economics.

Other New Books Networks interviews on related themes include Yale economist Penny Goldberg, former Chief Economist of the World Bank, on The Unequal Effects of Globalization, Princeton economist Leah Boustan on how immigrants have contributed to and rapidly assimilated into US society, and University of Massachusetts economist Isabella Weber on China's process of integration into the world economy.

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Daniel J. Solove, "On Privacy and Technology" (Oxford UP, 2025)

Fri, 07 Mar 2025 09:00:00 -0000

Succinct and eloquent, On Privacy and Technology (Oxford UP, 2025) is an essential primer on how to face the threats to privacy in today's age of digital technologies and AI.

With the rapid rise of new digital technologies and artificial intelligence, is privacy dead? Can anything be done to save us from a dystopian world without privacy?

In this short and accessible book, internationally renowned privacy expert Daniel J. Solove draws from a range of fields, from law to philosophy to the humanities, to illustrate the profound changes technology is wreaking upon our privacy, why they matter, and what can be done about them. Solove provides incisive examinations of key concepts in the digital sphere, including control, manipulation, harm, automation, reputation, consent, prediction, inference, and many others.

Compelling and passionate, On Privacy and Technology teems with powerful insights that will transform the way you think about privacy and technology.

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Jorge Goldstein, "Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology" (Georgetown UP, 2025)

Fri, 07 Mar 2025 09:00:00 -0000

In this episode, Jorge Goldstein, the author of Patenting Life, delves into the critical junction where biotechnology meets patent law. With a background as a molecular biologist turned patent attorney, Goldstein offers unique insights into how commercial biology has evolved and its profound effects on patent regulations. The discussion takes listeners on a journey from the early days of recombinant DNA technology to the cutting-edge advancements of CRISPR. Goldstein articulates how the commercialization of biological research influences scientific inquiry and reshapes patent law, highlighting key legal cases that have set the boundaries for patenting living organisms while addressing the complex ethical considerations that accompany these developments.

A significant theme in the conversation is the ongoing tension between academic research and commercial interests. Goldstein explains how this dynamic has molded patent policies and research agendas, emphasizing the concept of “enabling life” through patents. He also touches on emerging challenges posed by technologies like AI in biotechnology, raising questions about ownership and consent regarding biological materials and genetic data. Reflecting on broader ethical implications, Goldstein discusses the responsibilities that come with innovation in biotechnology and patent law while considering the future challenges for intellectual property frameworks, particularly in light of advancements in CRISPR and synthetic biology.

This episode provides a comprehensive overview of how the patenting of life has transformed not only biology and medicine but also the legal landscape, prompting listeners to think critically about the implications of these changes for society.

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Over Ruled: The Human Toll of Too Much Law--A Conversation with Janie Nitze

Wed, 05 Mar 2025 09:00:00 -0000

In the latest episode of Madison’s Notes, I spoke with Janie Nitze, co-author of Over Ruled: The Human Toll of Too Much Law (Harper, 2004), a book written alongside Supreme Court Justice Neil Gorsuch. Janie, a Harvard-educated attorney and former clerk for Justices Sonia Sotomayor and Neil Gorsuch, discussed the growing complexity of laws in America and their impact on everyday citizens. The book shares stories of ordinary Americans—fishermen in Florida, families in Montana, monks in Louisiana, and more—who find themselves caught in legal mazes created by an overwhelming and often opaque system of regulations.

Janie explained that while laws are necessary to maintain order and freedom, the sheer volume and complexity of modern regulations can undermine those principles. She highlighted how excessive laws, many of which are created by unelected agency officials, disproportionately affect those without wealth or power. Through these stories, Over Ruled shows how overregulation can erode trust in the legal system and create unintended consequences for individuals navigating their lives.

Janie’s perspective, shaped by her work at the Supreme Court, the Department of Justice, and the Privacy and Civil Liberties Oversight Board, provided a clear look at the challenges of balancing regulation and individual liberty. Over Ruled is a timely exploration of these issues, and this episode offers a deeper understanding of the human cost of too much law. Tune in to hear Janie’s insights and learn more about the stories behind the book.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Rebecca Janzen, "Unlawful Violence: Mexican Law and Cultural Production" (Vanderbilt UP, 2022)

Wed, 05 Mar 2025 09:00:00 -0000

Violence has only increased in Mexico since 2000: 23,000 murders were recorded in 2016, and 29,168 in 2017.

The abundance of laws and constitutional amendments that have cropped up in response are mirrored in Mexico's fragmented cultural production of the same period. Contemporary Mexican literature grapples with this splintered reality through non-linear stories from multiple perspectives, often told through shifts in time. The novels, such as Jorge Volpi's Una novela criminal [A Novel Crime] (2018) and Julián Herbert's La casa del dolor ajeno [The House of the Pain of Others] (2015) take multiple perspectives and follow non-linear plotlines; other examples, such as the very short stories in ¡Basta! 100 mujeres contra la violencia de género [Enough! 100 Women against Gender-Based Violence] (2013), present perspectives from multiple authors.

Few scholars compare cultural production and legal texts in situations like Mexico, where extreme violence coexists with a high number of human rights laws. Unlawful Violence: Mexican Law and Cultural Production (Vanderbilt UP, 2022) measures fictional accounts of human rights against new laws that include constitutional amendments to reform legal proceedings, laws that protect children, laws that condemn violence against women, and laws that protect migrants and Indigenous peoples. It also explores debates about these laws in the Mexican house of representatives and senate, as well as interactions between the law and the Mexican public.

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Jeffrey A. Lenowitz, "Constitutional Ratification Without Reason" (Oxford UP, 2022)

Tue, 04 Mar 2025 09:00:00 -0000

Constitutional Ratification Without Reason (Oxford UP, 2022) focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure’s worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification.

To address these oversights, this book defines ratification and its types, explains for the first time the procedure’s effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, experts should not recommend ratification as a matter of course, practitioners should not reach for it uncritically, and—more generally—one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.

Jeffrey Lenowitz is the Meyer and W. Walter Jaffe Associate Professor of Politics at Brandeis University, focusing on political theory. His research explores the the procedures uses to create new constitutions; constituent power and constitutional theory; the concept of legitimacy in the social sciences; voting ethics; and other aspects of democratic theory and institutional design.

Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018).

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Multilingual Law-Making: A Discussion with Karen McAuliffe

Tue, 04 Mar 2025 09:00:00 -0000

Alexandra Grey speaks with Karen McAuliffe about multilingual law-making.

Karen is a Professor of Law and Language at Birmingham Law School in the UK. The conversation is about the important legal opinions delivered by the Advocates General at the European Court of Justice, and the effects of Advocates General drafting those opinions in their second or third language and with multilingual support staff.

It builds on a chapter written by Karen McAuliffe, Liana Muntean & Virginia Mattioli in the book Researching the European Court of Justice, edited by Madsen, Nicola and Vauchez and published by Cambridge University Press in 2022.

For additional resources, show notes, and transcripts, go here. You can also follow Alexandra on LinkedIn and Karen on BlueSky @profkmca.bsky.social.

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Kent Kauffman, "Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know" (Rowman & Littlefield, 2025)

Sun, 02 Mar 2025 09:00:00 -0000

While full- and part-time college faculty and lecturers go about their jobs—doing all that is seen (teaching and publishing) and unseen (class prep, grading, and researching)—little, if any time is given to the uncomfortable acknowledgment that those acts have legal ramifications. Navigating Choppy Waters: Key Legal Issues College Faculty Need to Know (2025, Rowman & Littlefield) thoughtfully addresses topics that are vital for those in academia.

Kent Kauffman is an Associate Professor of Business Law at Purdue University Fort Wayne.

Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College.

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Religious Freedom: A Conversation on the Conservative Tradition with John D. Wilsey

Wed, 26 Feb 2025 09:00:00 -0000

In this conversation, we sit down with John D. Wilsey, Professor of Church History and Philosophy at The Southern Baptist Theological Seminary and Senior Fellow at the Center for Religion, Culture, and Democracy, to tackle the urgent and often contentious topic of religious freedom in America. Drawing from his forthcoming book, Religious Freedom: A Conservative Primer (William B. Eerdmans, 2025), Wilsey examines how conservatives have historically understood religious freedom, how those views have evolved, and why the gap between past and present perspectives matters in today’s culture, and how it is the bedrock of American Government.

Wilsey addresses issues at the heart of this debate: How has the conservative understanding of religious freedom shifted, and what are the consequences of that shift?

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Postscript: How to Fight Back: Charting Opposition to the Actions of the Trump Administration

Mon, 24 Feb 2025 09:00:00 -0000

Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad.

Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-life problems. She is a member of Independent SAGE providing accessible updates on the national and international Covid-19 situation since May 2020. She has published in public-facing venues such as The Conversation and her free Substack, Diving into Data & Decision making. You can follow her on social media.

Mentioned in the podcast:

Christina’s 2/13/25 Substack, "So this is how liberty dies… " Making sense of Trump's first three weeks (categorizing 76 Trump administration actions and demonstrating how they align with authoritarianism).

Christina’s 2/17/25 Substack, How to fight back: charting opposition to the actions of the Trump administration (showing how Blue states, labor organizations, and civil rights groups are doing the most – and what can be learned from them).

The Just Security’s Litigation Tracker based at the Reiss Center on Law and Security at New York University School of Law.

Vox’s 2/12/25 Unexplainable podcast, “Is Science in Danger?” (20 minutes) Noam Hassenfeld interviewing Derek Dowe (chemist/science writer) Transcript or podcast.

Susan’s interview with Corey Brettschneider on his new Norton book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It

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Elsa Stamatopoulou, "Indigenous Peoples in the International Arena: The Global Movement for Self-Determination" (Routledge, 2024)

Sun, 23 Feb 2025 09:00:00 -0000

Elsa Stamatopoulou’s Indigenous Peoples in the International Arena: The Global Movement for Self-Determination (Routledge 2025) provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement.

In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources.

Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues.

Elsa Stamatopoulou is Director of the Indigenous Peoples’ Rights Program and Adjunct Professor in the Institute for the Study of Human Rights, the Department of Anthropology, and the Center for the Study of Ethnicity and Race at Columbia University, USA. Elsa is also Former (the first) Chief of the Secretariat of the UN Permanent Forum on Indigenous Issues (among other functions at the UN).

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Ray Brescia, "The Private Is Political: Identity and Democracy in the Age of Surveillance Capitalism" (NYU Press, 2025)

Mon, 17 Feb 2025 09:00:00 -0000

As Americans increasingly depend upon their phones, computers, and internet resources, their actions are less private than they believe. Data is routinely sold and shared with companies who want to sell something, political actors who want to analyze behavior, and law enforcement who seek to monitor and limit actions.

In The Private is Political: Identity and Democracy in the Age of Surveillance Capitalism (NYU Press, 2025), law professor Ray Brescia explores the failure of existing legal systems and institutions to protect people’s online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. Surveillance, he suggests, will ultimately stifle our ability to live full lives, realize democracy, and shape the laws that affect our privacy itself.

Brescia writes that “The search for identity and communion with others who share it has never been easier in all of human history. At the same time, our individual and collective identity is also under threat by a surveillance state like none that has ever existed before. This surveillance can be weaponized, not just for profit but also to promote political ends, and undermine efforts to achieve individual and collective self-determination”

The book identifies the harms to individuals from privacy violations, provides an expansive definition of political privacy, and identifies the ‘integrity of identity’ as a central feature of democracy. The Private is Political lays out the features of Surveillance Capitalism and provides a roadmap for “muscular disclosure”: a comprehensive privacy regime to empower consumers to collectively safeguard privacy rights.

Professor Ray Brescia is the Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of many scholarly works including Lawyer Nation: The Past, Present, and Future of the American Legal Profession (from NYU Press) and The Future of Change: How Technology Shapes Social Revolutions (from Cornell UP). He is also the author of public facing work, most recently “Elon Musk’s DOGE is executing a historically dangerous data breach” on MSNBC. He started his legal career at the Legal Aid Society of New York where he was a Skadden Fellow, and then served as the Associate Director at the Urban Justice Center, also in New York City, where he represented grassroots groups like tenant associations and low-wage worker groups. Ray’s blog is “The Future of Change” and you can find him on LinkedIn.

Mentioned:

Shoshana Zuboff on surveillance capitalism
Supreme Court upholds TikTok ban, Amy Howe, SCOTUSBLOG
Kevin Peter He on “data voodoo dolls”

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Marie-France Fortin, "The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability" (Oxford UP, 2024)

Fri, 14 Feb 2025 09:00:00 -0000

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions.

In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized.

Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world.

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Rebecca Haw Allensworth, "The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong" (Harvard UP, 2025)

Wed, 12 Feb 2025 09:00:00 -0000

When we think about "red tape" and the cost of regulation it's hard to overstate the impact of professional licensing. According to Professor Rebecca Haw Allensworth, it's bigger than unions and more expensive than sales taxes.

Millions of American workers are required - by law - to obtain a license in order to work. This barrier of entry depends on requirements set by licensing boards staffed mainly by members of the profession they oversee. It limits the number of people who can serve and also confers on licensees a certain degree of prestige and trust.

In The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong (Harvard UP, 2025), Allensworth goes deep into a complex web of conflicting priorities.

Whether it's hair stylists or doctors, plumbers or lawyers, licensing board members are asked to simultaneously represent their personal practice, fellow professionals, and the public. They have to literally "wear three hats", which leads to well-intentioned, but deeply flawed and biased, decision making.

Consumers depend on licensing boards to ensure that professionals maintain high quality and reliability standards by creating - and enforcing - licensing standards.

In reality, their decisions can be maddeningly arbitrary, creating unnecessary barriers to hopeful practitioners while simultaneously failing to protect the public from bad actors who abuse the trust placed in them.

Despite good intent, board members lack the resources and sometimes the will to investigate even serious disciplinary cases. The consequences include, but are not limited to, the failure of medical licensing boards to remove the abusive doctors who fueled the opioid crisis and a system that allows unethical predatory lawyers to continue to practice, often targeting clients who are unable to protect themselves.

While in some areas licensing is deeply flawed, in others it is critical to a well-functioning society. Allensworth argues for abolition where appropriate and reform where it is most needed.

See Professor Allensworth's faculty profile video

Author recommended reading:

- Demon Copperhead by Barbara Kingsolver
- Drug Dealer, MD by Anna Lembke, MD

Hosted by Meghan Cochran

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Hiroshi Motomura, "Borders and Belonging: Toward a Fair, Realistic, and Sustainable Immigration Policy" (Oxford UP, 2024)

Sat, 08 Feb 2025 09:00:00 -0000

Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration.

In Borders and Belonging: Toward a Fair Immigration Policy (Oxford University Press, 2025), Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept—national borders—and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical borders, who should be let in or kept out? How should people forced to migrate be treated? Should newcomers be admitted temporarily or permanently? How should those with lawful immigration status be treated? What is the best role for enforcement in immigration policy? To what extent does the arrival of newcomers hurt long-time residents? What are the "root causes" of immigration and how can we address them?

Realistic about the desire of most citizens for national borders, this book is an indispensable guide for moving toward ethical borders and better immigration policy.

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James Boyle, "The Line: AI and the Future of Personhood" (MIT Press, 2024)

Mon, 27 Jan 2025 09:00:00 -0000

This conversation includes James Boyle, Duke University; Jeffrey Herlihy-Mera, UPR-M; Héctor José Huyke, UPR-M, and Natalia Bustos, UPR-M.

This is the first of two episodes about The Line: AI and the Future of Personhood. The second, in Spanish, will appear on the New Books Network en español. The series is sponsored by the Encuentros descoloniales focal group at Instituto Nuevos Horizontes at UPRM, a group of scholars who consider how decolonial approaches can provide nuance in scientific knowledge.

This episode and the Instituto Nuevos Horizontes at the UPRM have been supported by the Mellon Foundation. The conversation is part of the “STEM to STEAM” project of the “Cornerstone” initiative, sponsored by the Teagle Foundation, which stresses the importance of integrating humanistic perspectives in the sciences.

The Line: AI and the Future of Personhood is available online for free through the MIT website per the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License.

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Shimon Shetreet, "Judicial Independence: Cornerstone of Democracy" (Brill Nijhoff, 2023)

Sun, 26 Jan 2025 09:00:00 -0000

Today I’m speaking with Shimon Shetreet, Greenblatt Chair of Public and International Law at the Hebrew University and a former politician. We are discussing his recently published work, co-edited with Hiram Chodosh, titled Judicial Independence: Cornerstone of Democracy. Democracies around the world, from Israel and Mexico to Poland and Hungary, are grappling with challenges to judicial independence. Attacks on judicial independence often masquerade as attempts to strengthen democracy, despite the necessity of judicial independence to uphold constitutionality, hold no one above the law, and protect the most vulnerable people. This volume offers a truly comprehensive view of the global challenges facing judicial independence.

Shimon Shetreet is an Israeli former politician who held several ministerial portfolios between 1992 and 1996. He is currently the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem.

Caleb Zakarin is editor at the New Books Network.

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Rumu Sarkar, "International Development Law: Rule of Law, Human Rights & Global Finance" (Springer, 2020)

Sat, 25 Jan 2025 09:00:00 -0000

International Development Law: Rule of Law, Human Rights & Global Finance (Springer, 2020) describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. It provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies.

In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author’s professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

Rumu Sarkar is Adjunct Law Professor at Case Western Reserve University School of Law.

Caleb Zakarin is editor at the New Books Network.

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Carol Cleaveland and Michele Waslin. "Private Violence: Latin American Women and the Struggle for Asylum" (NYU Press, 2024)

Mon, 20 Jan 2025 09:00:00 -0000

How the US asylum process fails to protect against claims of gender-based violence.

Through eyewitness accounts of closed-court proceedings and powerful testimony from women who have sought asylum in the United States because of severe assaults and death threats by intimate partners and/or gang members, Private Violence: Latin American Women and the Struggle for Asylum (NYU Press, 2024) examines how immigration laws and policies shape the lives of Latin American women who seek safety in the United States. Carol Cleaveland and Michele Waslin describe the women's histories prior to crossing the border, and the legal strategies they use to convince Immigration Judges that rape and other forms of "private violence" should merit asylum - despite laws built on Cold War era assumptions that persecution occurs in the public sphere by state actors.

Private Violence provides much-needed recommendations for incorporating a gender-based lens in the asylum process. The authors demonstrate how policy changes across Presidential administrations have made it difficult for survivors of "private violence" to qualify for asylum. Private Violence paints a damning portrait of America's broken asylum system. This volume illustrates the difficulties experienced by Latin American women who rely on this broken system for protection in the United States. It also illuminates women's resilience and the determination of immigration attorneys to reshape asylum law.

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Chaya T. Halberstam, "Trial Stories in Jewish Antiquity: Counternarratives of Justice" (Oxford UP, 2024)

Sat, 11 Jan 2025 09:00:00 -0000

What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice (Oxford University Press, 2024), Chaya T. Halberstam challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care.

Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts.

Interviewee: Chaya T. Halberstam is Professor of Religious Studies at King's University College, University of Western Ontario.

Host: Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com.

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Edward Jones Corredera, "Odious Debt: Bankruptcy, International Law, and the Making of Latin America" (Oxford UP, 2024)

Fri, 10 Jan 2025 09:00:00 -0000

What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas.

With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt: Bankruptcy, International Law, and the Making of Latin America (Oxford University Press, 2024) by Dr. Edward Jones Corredera studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring role in the construction and codification of national constitutions, identities, and international legal norms in Latin America.

This new history of the moral economy of the Hispanic World from the 1520s to the 1920s illuminates contemporary issues in international law and international relations. Latin American jurists developed a global critique of economics and international law that continues to generate pressing questions about debt, bankruptcy, reparations, and the pursuit of a moral global economy.

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Benjamin Meiches, "The Politics of Annihilation: A Genealogy of Genocide" (U Minnesota Press, 2019)

Tue, 07 Jan 2025 09:00:00 -0000

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.

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Judith Giesberg, “Sex and the Civil War: Soldiers, Pornography, and the Making of American Morality” (UNC Press, 2017)

Mon, 06 Jan 2025 09:00:00 -0000

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...

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Olga Borovaya, "The 1840 Rhodes Blood Libel: Ottoman Jews at the Dawn of the Tanzimat Era" (Berghahn Books, 2024)

Sun, 05 Jan 2025 09:00:00 -0000

The Rhodes blood libel of 1840, an outbreak of anti-Jewish violence, was initiated by the island’s governor in collusion with Levantine merchants, who charged the local Jewish community with murdering a Christian boy for ritual purposes. An episode in the shared histories of Ottomans and Jews, it was forgotten by the former and, even if remembered, misunderstood by the latter. The 1840 Rhodes Blood Libel: Ottoman Jews at the Dawn of the Tanzimat Era (Berghahn Books, 2024) aims to restore the place of this event in Sephardi and Ottoman history.

Based on newly discovered Ottoman and Jewish sources it argues that the acquittal of Rhodian Jews is adequately understood only in the context of the Tanzimat and the Sublime Porte’s foreign relations. Contrary to the common view that Ottoman Jews did not experience the impact of the Tanzimat reforms until the mid-1850s, this study shows that their effects were felt as early as 1840. Furthermore, this book offers a window onto life and intercommunal relations in the Eastern Mediterranean during the late Ottoman era.

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Nara Milanich, "Paternity: The Elusive Quest for the Father" (Harvard UP, 2019)

Sat, 04 Jan 2025 09:00:00 -0000

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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Swethaa S. Ballakrishnen, "Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite" (Princeton UP, 2021)

Fri, 03 Jan 2025 09:00:00 -0000

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.

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Benjamin T. Smith, "The Dope: The Real History of the Mexican Drug Trade" (W. W. Norton, 2021)

Fri, 03 Jan 2025 09:00:00 -0000

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.

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Language Rights in a Changing China

Tue, 31 Dec 2024 09:00:00 -0000

In this episode of the Language on the Move Podcast, Brynn Quick speaks with Dr. Alexandra Grey about Dr. Grey’s book entitled Language Rights in a Changing China: A National Overview and Zhuang Case Study (De Gruyter, 2021).

China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice.

Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy.

This book came out in May 2021 after almost a decade of Alex’s doctoral and postdoctoral work. Her doctoral dissertation was recognised as the best dissertation on the sociology of language, internationally, through the 2018 Joshua A. Fishman Award.

For additional resources, show notes, and transcripts, go here.

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Oishik Sircar, "Ways of Remembering: Law, Cinema and Collective Memory in the New India" (Cambridge UP, 2024)

Sun, 29 Dec 2024 09:00:00 -0000

Ways of Remembering: Law, Cinema and Collective Memory in the New India (Cambridge UP, 2024) tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom--postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and presents itself as the panacea for that very violence.

About the Author: Oishik Sircar is a Senior Lecturer at the Melbourne Law School. He was previously the Professor of Law at Jindal Global Law School. His work maps the relationship between law, violence and aesthetics with a particular focus on contemporary India. Along with Ways of Remembering: Law, Cinema and Collective Violence in the New India (CUP 2024), he is the author of Violent Modernities: Cultural Lives of Law in the New India (OUP 2021) and the co-director of the award-winning documentary film We Are Foot Soldiers (PSBT 2010).

Priyam Sinha recently graduated with a PhD from the National University of Singapore and has been awarded the Alexander Von Humboldt Postdoctoral Fellowship, starting 2025. She has interdisciplinary academic interests that lie at the intersection of film studies, critical new media industry studies, disability studies, affect studies, gender studies, and cultural studies. She can be reached at https://twitter.com/PriyamSinha

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Radha Kumar, "Police Matters: The Everyday State and Caste Politics in South India, 1900–1975" (Cornell UP, 2021)

Sat, 28 Dec 2024 09:00:00 -0000

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.

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Julien Mailland, "The Game That Never Ends: How Lawyers Shape the Videogame Industry" (MIT Press, 2024)

Sat, 21 Dec 2024 09:00:00 -0000

A guide to the fascinating legal history of the videogame industry, written for nonlawyers.

Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man?

Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. These chapters are interspersed with shorter chapters called “The Lawyer’s Corner,” opportunities to dive deeper into individual cases. Lightly footnoted, these interludes connect the previous chapters together by providing a conceptual meta-analysis. Offering a comprehensive overview of the global legal history of videogames, The Game That Never Ends will leave readers with a nuanced, in-depth, and more global understanding of the videogame industry.

Rudolf Thomas Inderst (*1978) enjoys video games since 1985. He received a master’s degree in political science, American cultural studies as well as contemporary and recent history from Ludwig-Maximilians-University, Munich and holds two PhDs in game studies (LMU & University of Passau). Currently, he's teaching as a professor for game design at the IU International University for Applied Science, has submitted his third dissertation at the University of Vechta, holds the position as lead editor at the online journal Titel kulturmagazin for the game section, hosts the German local radio show Replay Value and is editor of the weekly game research newsletter DiGRA D-A-CH Game Studies Watchlist.

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Jan Machielsen, "The Basque Witch-Hunt: A Secret History" (Bloomsbury, 2024)

Fri, 20 Dec 2024 09:00:00 -0000

In June 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider.

Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the region was fractured by factionalism and a struggle over scarce resources. The Basque Witch-Hunt: A Secret History (Bloomsbury, 2024) by Dr. Jan Machielsen reveals that de Lancre was no outsider; he was a local partisan, married into the Basque nobility. Living at the Franco-Spanish border, the Basques were victims of geography. Geo-politics caused a local conflict which made the witch-hunt inevitable. The same forces eventually sent thousands of religious refugees from Spain to France where they, in turn, became new objects of popular fear and anger.

The Basque witch-hunt is justly infamous. This book shows that almost everything historians thought they knew about it is wrong.

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Leila Ullrich, "Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade" (Oxford UP, 2024)

Wed, 18 Dec 2024 09:00:00 -0000

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them?

Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes visible the hidden labour of justice, and how it lures, disciplines, and blames both victims and victims’ advocates. Drawing on critical theory, criminological analysis, and multi-sited ethnographic fieldwork in The Hague, Kenya, and Uganda, Victims and the Labour of Justice at the International Criminal Court illuminates how the drive to include victims as participants in international criminal justice proceedings also creates and disciplines them as blameworthy capitalist subjects. Yet, as victim workers learn to ‘stop crying’, ‘be peaceful’, ‘get married’, ‘work hard’, and ‘repay debt’, they also begin to challenge the terms of global justice.

Dr. Leila Ullrich is an Associate Professor of Criminology at the University of Oxford's Faculty of Law. Her research lies at the intersection of international criminal justice, transitional justice, victimology, and border criminology. Her work focuses on how global justice institutions construct gendered and racialized subjects and how these groups engage with or resist these processes. Outside academia, Leila worked as social stability analyst on the Syrian refugee crisis at the United Nations Development Programme in Lebanon and she has also worked as an intern for the ICC. She has also worked for the German Bundestag and the BBC World Service.

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Sandhya Fuchs, "Fragile Hope: Seeking Justice for Hate Crimes in India" (Stanford UP, 2024)

Sat, 14 Dec 2024 09:00:00 -0000

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA).

Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes.

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Melissa B. Jacoby, "Unjust Debts: How Our Bankruptcy System Makes America More Unequal" (New Press, 2024)

Fri, 13 Dec 2024 09:00:00 -0000

In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject.

Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill.

Caleb Zakarin is editor at the New Books Network.

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Leslie Beth Ribovich, "Without a Prayer: Religion and Race in New York City Public Schools" (NYU Press, 2024)

Fri, 13 Dec 2024 09:00:00 -0000

The processes of secularization and desegregation were among the two most radical transformations of the American public school system in all its history. Many regard the 1962 and 1963 US Supreme Court rulings against school prayer and Bible-reading as the end of religion in public schools. Likewise, the 1954 Brown v. Board of Education case is seen as the dawn of school racial equality. Yet, these two major twentieth-century American educational movements are often perceived as having no bearing on one another.

Without a Prayer: Religion and Race in New York City Public Schools (New York University Press, 2024) by Dr. Leslie Beth Ribovich redefines secularization and desegregation as intrinsically linked. Using New York City as a window into a national story, the volume argues that these rulings failed to successfully remove religion from public schools, because it was worked into the foundation of the public education structure, especially how public schools treated race and moral formation. Moreover, even public schools that were not legally segregated nonetheless remained racially segregated in part because public schools rooted moral lessons in an invented tradition—Judeo-Christianity—and in whiteness.

The book illuminates how both secularization and desegregation took the form of inculcating students into white Christian norms as part of their project of shaping them into citizens. Schools and religious and civic constituents worked together to promote programs such as juvenile delinquency prevention, moral and spiritual values curricula, and racial integration advocacy. At the same time, religiously and racially diverse community members drew on, resisted, and reimagined public school morality.

Drawing on research from a number of archival repositories, newspaper and legal databases, and visual and material culture, Without a Prayer shows how religion and racial discrimination were woven into the very fabric of public schools, continuing to inform public education’s everyday practices even after the Supreme Court rulings.

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Shehnaz Haqqani, "Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender" (Oneworld, 2024)

Fri, 13 Dec 2024 09:00:00 -0000

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Islamic tradition has always been flexible, but male dominated scholarly consensus still dedicates this flexibility (or rather inflexibility from an Islamic feminist perspective). This book will be of interest to those who think on gender, Islam, Islamic feminism, Islamic law, and much more.

Dr. Shehnaz Haqqani is an assistant professor at Mercer University and specialises in Islam, with a focus on gender and sexuality. She is a host of the podcast New Books Network.

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Witchcraft: A History in Thirteen Trials

Thu, 12 Dec 2024 09:00:00 -0000

Today’s book is: Witchcraft: A History in 13 Trials (Scribner, 2024), by Dr. Marion Gibson, which explores the global history of witch trials across Europe, Africa, and the Americas, told through thirteen distinct trials that illuminate a pattern of demonization and conspiratorial thinking that has profoundly shaped human history. Some of them are famous like the Salem witch trials, and some lesser-known, like the 1620s witch trial on Vardø island, Norway, where an indigenous Sami woman was accused of murder; the last witch trial in France in 1731, where a young woman was pitted against her confessor and cult leader; and a trial in Lesotho in 1948, where British colonial authorities executed local leaders. Exploring how witchcraft was feared, then decriminalized, and then reimagined as gendered persecution, Witchcraft takes on the intersections between gender and power, indigenous spirituality and colonial rule, political conspiracy and individual resistance. Offering a striking, dramatic journey unspooling over centuries and across continents, Witchcraft offers insights into some of the cruelest moments in history, reclaims voices that have been silenced, and asks us to seriously consider how we will create a future without further witch trials.

Our guest is: Dr. Marion Gibson, who is Professor of Renaissance and Magical Literatures at the University of Exeter, UK. She is the author of numerous scholarly articles, and seven academic books on witches in history and literature. She is General Editor of the series Elements in Magic for Cambridge University Press. Witchcraft: A History in Thirteen Trials is her most recent book.

Our host is: Dr. Christina Gessler, who works as a developmental editor for scholars, and is the producer of the Academic Life podcast.

Listeners may enjoy this playlist:

Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us to learn from experts inside and outside the academy, and around the world. Missed any of the 225+ Academic Life episodes? Find them here. And thank you for listening!

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Mie Nakachi, "Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union" (Oxford UP, 2021)

Tue, 10 Dec 2024 09:00:00 -0000

Today I talked to Mie Nakachi about Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union (Oxford UP, 2021)

In 1920, the Soviet Union became the first country in the world to legalize abortion on demand. But in 1936, the Soviet leadership criminalized abortion: the collectivization of the early 1930s was followed by famine that took the lives of millions of people, and the government grew eager to recover the population. Drawing on an amazing wealth of archival material, Nakachi traces the dynamic of Soviet reproductive policies that were invariably guided by pronatalist goals but almost always had damaging consequences. The 1944 Family Law, aimed at making up for the enormous human losses of World War II (27 million people died, 20 million of them men), relieved men of parental responsibilities, legal or financial, thereby encouraging them to father children out of wedlock. Given the devastation of the war and inadequate levels of government support, many women sought to avoid such births. Their only recourse was abortion, which remained illegal and, as a result, often led to grave medical complications or even death—on top of being criminally punishable. Doctors were generally sympathetic to the women’s plight but they could not challenge the system. It was only in the mid-1950s that abortion was decriminalized, but until the end of the Soviet Union, modern contraception was barely available and abortion remained the primary method of birth control.

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Casey B. K. Dominguez, "Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers" (UP of Kansas, 2024)

Mon, 09 Dec 2024 09:00:00 -0000

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so?

Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that members of Congress ascribed to the president as commander in chief and the boundaries they put around that authority.

In Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers (University Press of Kansas, 2024) Dominguez shows that for more than a century members of Congress defined the commander in chief's authority narrowly, similar to that of any high-ranking military officer. But in a wave of nationalism during the Spanish-American War, members of Congress began to argue that Congress owed deference to the commander in chief – as a national representative of the military, nation, and flag rather than a military officer. These debates were partisan with members of Congress arguing for broader presidential war powers when the president was from their own party. Scholars often assume that it is the Supreme Court that interprets the Constitution but Dominguez’s work shows how all the branches interpret the constitution. She offers particularly keen insights on the use of constitutional stories or scripts about the commander in chief clause. While scholars have assumed that the expansion of presidential war powers happened in the middle of the 20th century, Dominguez’s research shows that the dynamical expansion began 50 years earlier. Her work helps readers understand when – and how – the United States shifted many military decisions to the president.

Dr. Casey B. K. Dominguez is professor of Political Science and International Relations at the University of San Diego. Her research focuses on the relationships between political parties and interest groups, and on the evolution of Constitutional war powers in the United States. I’m delighted to welcome her to New Books in Political Science.

Mentioned:

Victoria A. Farrar-Myers’s book on constitutional scripts, Scripted for Change

The Institutionalization of the American Presidency (Texas A&M Press, 2007)

Emmerich de Vattel’s The Law of Nations (1758)

Mariah Zeisberg’s War Powers: The Politics of Constitutional Authority (Princeton 2013)

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Richard J. Golsan, "Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity" (U Toronto Press, 2022)

Fri, 06 Dec 2024 09:00:00 -0000

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention.

Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial.

Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity.

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Elyse Ona Singer, "Lawful Sins: Abortion Rights and Reproductive Governance in Mexico" (Stanford UP, 2022)

Fri, 06 Dec 2024 09:00:00 -0000

Mexico is at the center of the global battle over abortion. In 2007, a watershed reform legalized the procedure in the national capital, making it one of just three places across Latin America where it was permitted at the time. Abortion care is now available on demand and free of cost through a pioneering program of the Mexico City Ministry of Health, which has served hundreds of thousands of women. At the same time, abortion laws have grown harsher in several states outside the capital as part of a coordinated national backlash.

In Lawful Sins: Abortion Rights and Reproductive Governance in Mexico (Stanford University Press, 2022), Dr. Elyse Ona Singer argues that while pregnant women in Mexico today have options that were unavailable just over a decade ago, they are also subject to the expanded reach of the Mexican state and the Catholic Church over their bodies and reproductive lives. By analyzing the moral politics of clinical encounters in Mexico City's public abortion program, Lawful Sins offers a critical account of the relationship among reproductive rights, gendered citizenship, and public healthcare. With timely insights on global struggles for reproductive justice, Dr. Singer reorients prevailing perspectives that approach abortion rights as a hallmark of women's citizenship in liberal societies.

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Carrie N. Baker, "Abortion Pills: US History and Politics" (Amherst College Press, 2024)

Tue, 03 Dec 2024 09:00:00 -0000

In this compelling and informative interview, Carrie N. Baker discusses her newest book, Abortion Pills: US History and Politics (Amherst College Press, 2024). This book is the first comprehensive history of abortion pills in the United States, and Baker examines the actions of scientists, policy-makers, pharmaceutical companies, pro-abortion rights activists and anti-abortion forces as the abortion pill was developed in France in 1980, and subsequently brought to market in the United States. She carefully investigates the fight for FDA approval of the abortion pill, and reproductive rights advocates’ work to expand access. She pays particular attention to the critical period of 2020-2024 when in the midst of the COVID-19 pandemic telemedicine abortion became a possibility. Baker ends exploring attempts to restrict abortion pills and self-managed abortions in the wake of the Dobbs v. Jackson Women's Health Organization Supreme Court decision. In this thoroughly researched history, Baker draws on interviews with over 80 activists, abortion providers, researchers, and people who have used abortion pills to demonstrate the range of actors involved in efforts to expand access to abortion pills. In addition, she analyzes medical research, government records, legal cases, and the archives of several reproductive health organizations.

Abortion Pills: US History and Politics is available open-access starting December 3, 2024. Click the following link to see a PDF of the book

Carrie N. Baker holds a B.A. in Philosophy from Yale University, a J.D. from Emory University School of Law, and an M.A. and Ph.D. from Emory’s Institute of Women’s, Gender, and Sexuality Studies. She is the Sylvia Dlugasch Bauman Chair of American Studies and Professor of the Study of Women, Gender and Sexuality Studies at Smith College where, as a legal and social movement scholar, she teaches courses on gender, law and public policy; feminist social movements; and feminist public writing. In addition to publishing peer-reviewed academic scholarship, Baker also serves as a regular writer and contributing editor for Ms. Magazine, has a monthly column in the Daily Hampshire Gazette, and hosts Feminist Futures, a radio program on WHMP 101.5 FM in Northampton, Massachusetts.

Jessie Cohen holds a Ph.D. in History from Columbia University, and is an editor at the New Books Network.

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Olivia Chilcote, "Unrecognized in California: Federal Acknowledgment and the San Luis Rey Band of Mission Indians" (U Washington Press, 2024)

Sat, 30 Nov 2024 09:00:00 -0000

California has more unrecognized Native tribes than any other state - what led to this strange state of affairs, and what does this mean in practice?

In Unrecognized in California: Federal Acknowledgment and the San Luis Rey Band of Mission Indians (U Washington Press, 2024), San Diego State associate professor Olivia Chilcote answers these questions through the history and experience of her own tribe. Despite the inherent tribal sovereignty of the San Luis Rey Band, and indeed, of all Native tribes and nations, the long and difficult past of colonialism in California - from the Spanish, to the Mexican, to the American empires - has provided an array of obstacles to the acquisition of land and tribal recognition for the San Luis Rey Band and others. This unrecognized status has kept them from accessing several programs and protections, including NAGPRA. Yet, despite these headwinds, the San Luis Rey Band and other unrecognized California tribes nonetheless practice sovereignty in other ways, and in doing so continue to fight toward future recognition. In this very personal history, Chilcote explains how the government-to-government relationship between the United States and tribal nations creates both challenges and opportunities for Native people in the twenty first century.

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Samantha A. Vortherms, "Manipulating Authoritarian Citizenship: Security, Development, and Local Membership in China" (Stanford UP, 2024)

Sat, 30 Nov 2024 09:00:00 -0000

The redistribution of political and economic rights is inherently unequal in autocratic societies. Autocrats routinely divide their populations into included and excluded groups, creating particularistic citizenship through granting some groups access to rights and redistribution while restricting or denying access to others. This book asks: why would a government with powerful tools of exclusion expand access to socioeconomic citizenship rights? And when autocratic systems expand redistribution, whom do they choose to include?

In Manipulating Authoritarian Citizenship: Security, Development, and Local Membership in China (Stanford UP, 2024), Samantha A. Vortherms examines the crucial case of China—where internal citizenship regimes control who can and cannot become a local citizen through the household registration system (hukou)—and uncovers how autocrats use such institutions to create particularistic membership in citizenship. Vortherms shows how local governments explicitly manipulate local citizenship membership not only to ensure political security and stability, but also, crucially, to advance economic development. Vortherms demonstrates how autocrats use differentiated citizenship to control degrees of access to rights and thus fulfill the authoritarian bargain and balance security and economic incentives. This book expands our understanding of individual-state relations in both autocratic contexts and across a variety of regime types.

Samantha Vortherms is an assistant professor at University of California, Irvine's Department of Political Science. She is a faculty affiliate at UCI’s Long U.S.-China Institute; its Philosophy, Political Science, and Economics program; and is a Non-resident Scholar at UC San Diego’s 21st Century China Center. The primary focus of her research is on how processes of economic development affect institutional change and the relationship between the individual and the state. Her research has been published in journals such as The China Quarterly, World Development, Review of International Political Economy, Business and Politics, and Urban Studies. She received her Ph.D. in Political Science from the University of Wisconsin–Madison, her M.A. in International Relations at the University of Chicago, her A.M. in Public Policy from University of Chicago's Harris School of Public Policy, and her B.A. from the University of Richmond.

Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China’s Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master’s of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy.

Lorentzen’s other NBN interviews relating to China’s economy and social control include Seeking Truth and Hiding Facts, on governance and quantification, Outsourcing Repression, on the use of nonstate actors for coercion, How China Escaped Shock Therapy, on China’s marketization procession, Invisible China, on the urban-rural divide, and Welfare for Autocrats, on the strategic targeting of poverty assistance.

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Daniel J. Mallinson and A. Lee Hannah, "Green Rush: The Rise of Medical Marijuana in the United States" (NYU Press, 2024)

Thu, 28 Nov 2024 09:00:00 -0000

Political Scientists Dan Mallinson and Lee Hannah, both experts on state-level politics and the policy making process, have a new book that focuses on the state-level process of legalization of medical cannabis across the United States. Green Rush: The Rise of Medical Marijuana in the United States (NYU Press, 2024) is a book that needed to be written, since it is an important exploration not only of the continuing policy conflicts and tensions around marijuana in the United States, but it specifically focuses on how states have taken up this issue and what they each did in moving towards medical marijuana’s accessibility. The marijuana question in in the United States remains a fascinating federalism dynamic, with national laws in conflict with state laws, and state laws operating in different ways, around both medical marijuana and legalized recreational use of cannabis.

Mallinson and Hannah provide the reader with an excellent overview of policymaking designs and theories since their analysis takes up so many different dimensions of the policy process in the United States. They then move into the history behind the criminalization of marijuana, and the way in which this policy has clearly racialized roots. Green Rush highlights the ways that some of the shifts and changes in state policies started to make their way through different states, via action by state legislatures and or through state-wide referenda. With particular attention to a number of states, like California, Pennsylvania, Ohio, and West Virginia, Mallinson and Hannah chart the ways that different states have gone about legalizing the medical use of marijuana, which has also been part of the pathway for other states to move towards decriminalization and legalization of adult use recreational marijuana.

Green Rush is an accessible policy analysis and provides important insight into the path that medical marijuana took as it became legal in one state after another. Green Rush: The Rise of Medical Marijuana in the United States charts the policy changes themselves, but also pays attention to changing public opinion around cannabis and shifts in the war on drugs as well.

(I found this book so useful that I have adopted it to use in my Public Policy class.)

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

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Trump’s Mass Deportation Plan: Can He Really Do It?

Thu, 28 Nov 2024 09:00:00 -0000

Kitty Calavita, Chancellor’s Professor Emerita of Criminology, Law and Society at the University of California, Irvine, discuss the historical context and implications of Operation Wetback, a 1954 U.S. mass deportation of Mexican immigrants, and its relevance to President-elect Donald Trump's proposed mass deportation plans. Calavita explains that Operation Wetback aimed to address the economic utility of undocumented workers and political backlash against them, particularly during a recession and Cold War rhetoric. She highlights the logistical challenges of such operations, including the integration of immigrants into various industries and the legal protections against random stops. Calavita suggests that while high-profile roundups may occur, a massive deportation campaign is unlikely due to economic and logistical obstacles.

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Sandipto Dasgupta, "Legalizing the Revolution: India and the Constitution of the Postcolony" (Cambridge UP, 2024)

Tue, 26 Nov 2024 09:00:00 -0000

Anticolonial movements of the twentieth century generated audacious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task.

In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge UP, 2024) traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions – parliament, judiciary, rights, property – were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a critical account of the making of the postcolonial constitutional order, it offers keys to understanding the present crisis of that order, including and especially in India.

Sandipto Dasgupta is Assistant Professor of Politics at The New School for Social Research. For the 2024-25 academic year, he will be a member of the Institute for Advanced Study at Princeton University. His research is in the history of modern political and social thought, especially the political theory of empire, decolonization, and postcolonial presents.

Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018).

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W. Paul Reeve, et al., "This Abominable Slavery: Race, Religion, and the Battle over Human Bondage in Antebellum Utah" (Oxford UP, 2024)

Tue, 26 Nov 2024 09:00:00 -0000

On July 22, 1847, a group of about forty refugees entered the Salt Lake Valley. Among them were three enslaved men, two of whom shared the religion, Mormonism, that had caused them to flee. The valley was also home to members of the Ute tribe, who would sometimes barter captive women and children to Spanish colonizers. Thus, the question of whether the Latter-day Saints would accept or reject slavery in their new Zion confronted them on the day they first arrived. Five years later, after Utah had become an American territory, its legislature was prodded to take up the question then roiling the nation: would they be slave or free?

George D. Watt, the official reporter for the 1852 legislative session, reported debates and speeches in Pitman shorthand. They remained in their original format, virtually untouched, for more than one hundred and fifty years, until LaJean Purcell Carruth transcribed them. In this eye-opening volume This Abominable Slavery: Race, Religion, and the Battle over Human Bondage in Antebellum Utah (Oxford University Press, 2024), Carruth, Dr. Christopher Rich, and Dr. W. Paul Reeve draw extensively on these new sources to chronicle the session, during which the legislature passed two important statutes: one that legally transformed African American slaves into "servants" but did not pass the condition of servitude on to their children and another that authorized twenty-year indentures for enslaved Native Americans.

This Abominable Slavery places these debates within the context of the nation's growing sectional divide and contextualizes the meaning of these laws in the lives of Black enslaved people and Native American indentured servants. In doing so, it sheds new light on race, religion, slavery, and unfree labor in the antebellum period.

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Megan Rae Blakely, "Technology, Intellectual Property Law, and Culture: The Tangification of Cultural Heritage" (Routledge, 2024)

Mon, 25 Nov 2024 09:00:00 -0000

How can we protect diverse cultural expressions in an era of huge technological change? In Technology, Intellectual Property Law and Culture: The Tangification of Intangible Cultural Heritage (Routledge, 2024), Megan Rae Blakely, a lecturer in law at Lancaster University, examines the contemporary international legal context for heritage. The book uses three detailed case studies of Scotland, Ireland, and Wales, considering heritage in many different forms, from tourism and nation branding through to language and clothing. Rich in detail, but accessible for a those who are not specialists in law, technology, or heritage, the book is essential reading across the humanities and social sciences, as well as for anyone interested in how best to support and preserve the past.

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Daniel S. Goldberg, "Tackle Football and Traumatic Brain Injuries: Law, Ethics, and Public Health" (Johns Hopkins UP, 2024)

Mon, 25 Nov 2024 09:00:00 -0000

Football is the national game in the United States – and many families and friends bond over their love of the sport. While few people play professional football, many participate in tackle football as children and adolescents. In the last decades, more attention has been paid to the dangers of playing tackle football, including traumatic brain injury and the degenerative brain disease, CTE (chronic traumatic encephalopathy). As more former players donated their brains, the rate of CTE surprised even those already concerned with traumatic brain injury. If the risks are so great, why do more than two million American children under the age of 18 continue to play tackle football? Is it the opportunity to contribute to a team? Overcome adversity? Test personal limits?

In Tackle Football and Traumatic Brain Injuries: Law, Ethics, and Public Health (Johns Hopkins UP, 2024), Dr. Daniel S. Goldberg asks readers to think about American tackle football as an industry – like the American tobacco industry – that sells a product that is dangerous to those who use it. Despite the clearly documented costs to society and individuals who play, the tackle football industry has successfully manufactured doubt about the health hazards. Goldstein argues that a basic familiarity with the history of regulated industries and their intersection with public health is needed both to understand the contemporary debates and to move forward with fair and equitable policy solutions. If the risks to people who play were better known to the public, the profitability and perhaps even the viability of American football would be at risk.

Goldberg draws on public health ethics, public health law, and the histories of occupational and public health to assess the limits of parental choice to expose their children to risks of injury. Goldberg recommends using public health laws to counter the manufacture of doubt – offering specific policy proposals to address the population health and ethical problems presented by tackle football.

Daniel S. Goldstein, JD, PhD is an associate professor at the Center for Bioethics and Humanities at the University of Colorado Anschutz Medical Campus. He is the director of Education at the Center for Bioethics and Humanities and director of the Public Health Ethics and Law Program.

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The Secret Life of Central Bankers

Sun, 24 Nov 2024 09:00:00 -0000

This is the final episode of Cited’s most recent season, Use & Abuse of Economic Expertise, a season that tells stories of the political and scholarly battles behind the economic ideas that shape our world. For a full list of credits, and for the rest of the episodes, visit the series page. They will back with a new season focussed on environmental politics in early 2025, so make sure you are subscribed to the podcast (Apple, Spotify, manual RSS).

The MAGA movement scores big wins by taking cheap shots at experts. Now, some worry that Donald Trump could try to oust Federal Reserve Chairman Jerome Powell. The typical centrist position is to defend the supposedly impartial, apolitical expertise of such figures. Yet, we know that is not exactly right either. Is there a better way to imagine a better bank?

In our first segment, we speak with Frances Coppala, author of The Case for People's Quantitative Easing. It’s something of a case study in Fed politics, revealing how their decisions post-Global Financial Crisis served the rich, and not working people.

Yet, saying that these experts are political does not mean we have to be hyper-partisan reactionary hacks. Instead, democratizing the bank could offer a better way forward. That's according to Annelise Riles, a professor of law and of anthropology, and author of the book Financial Citizenship: Experts, Publics, and the Politics of Central Banking. Riles is also host the Foreign Policy podcast Everyday Ambassador, which its new second season out now. What would democratizing the Fed look like, and would that really counter the powerful financial interests that have so thoroughly captured the institution?

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Kevin B. Smith, "The Jailer's Reckoning: How Mass Incarceration Is Damaging America" (Rowman & Littlefield, 2024)

Sun, 24 Nov 2024 09:00:00 -0000

How does a Black man in Austin get sent to prison on a 70-year sentence for stealing a tuna sandwich, likely costing Texas taxpayers roughly a million dollars? In America, your liberty--or even your life--may be forfeit not simply because of what you do, but where you do it. If the same man had run off with a lobster roll from a lunch counter in Maine it's unlikely that he'd be spending the rest of his life behind bars.

The U.S. incarcerates more people than any other industrial democracy in the world. We have more ex-prisoners than the entire population of Ireland, and more people with a felony record than the populations of Denmark, Norway, New Zealand and Liberia combined. Why did the United States become the world's biggest jailer? And, just as importantly, what has it done to us? What are the costs--socially, economically, and politically--of having the world's largest population of ex-prisoners? And what can we do about it?

In The Jailer's Reckoning: How Mass Incarceration Is Damaging America (Rowman & Littlefield, 2024), Kevin B. Smith explains that the United States became the world's biggest jailer because politicians wanted to do something about a very real problem with violent crime. That effort was accelerated by a variety of partisan and socio-demographic trends that started to significantly reshape the political environment in the 1980s and 1990s. The force of those trends varied from state to state, but ultimately led to not just historically unprecedented levels of incarceration, but equally unprecedented numbers of ex-prisoners. Serving time behind bars is now a normalized social experience--it affects a majority of Americans directly or indirectly. There is a clear price, the jailer's reckoning, to be paid for this. As Smith shows, it is a society with declining levels of civic cohesion, reduced economic prospects, and less political engagement. Mass incarceration turns out to be something of a hidden bomb, a social explosion that inflicts enormous civic collateral damage on the entire country, and we must all do something about it.

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Katherine C. Epstein, "Analog Superpowers: How Twentieth-Century Technology Theft Built the National Security State" (U Chicago Press, 2024)

Sun, 24 Nov 2024 09:00:00 -0000

At the beginning of the twentieth century, two British inventors, Arthur Pollen and Harold Isherwood, became fascinated by a major military question: how to aim the big guns of battleships. These warships—of enormous geopolitical import before the advent of intercontinental missiles or drones—had to shoot in poor light and choppy seas at distant moving targets, conditions that impeded accurate gunfire. Seeing the need to account for a plethora of variables, Pollen and Isherwood built an integrated system for gathering data, calculating predictions, and transmitting the results to the gunners. At the heart of their invention was the most advanced analog computer of the day, a technological breakthrough that anticipated the famous Norden bombsight of World War II, the inertial guidance systems of nuclear missiles, and the networked “smart” systems that dominate combat today. Recognizing the value of Pollen and Isherwood’s invention, the British Royal Navy and the United States Navy pirated it, one after the other. When the inventors sued, both the British and US governments invoked secrecy, citing national security concerns.

Drawing on a wealth of archival evidence, Analog Superpowers: How Twentieth-Century Technology Theft Built the National Security State (University of Chicago Press, 2024) by Dr. Katherine C. Epstein analyzes these and related legal battles over naval technology, exploring how national defense tested the two countries’ commitment to individual rights and the free market. Dr. Epstein deftly sets out Pollen’s and Isherwood’s pioneering achievements, the patent questions raised, the geopolitical rivalry between Britain and the United States, and the legal precedents each country developed to control military tools built by private contractors.

Dr. Epstein’s account reveals that long before the US national security state sought to restrict information about atomic energy, it was already embroiled in another contest between innovation and secrecy. The America portrayed in this sweeping and accessible history isn’t yet a global hegemon but a rising superpower ready to acquire foreign technology by fair means or foul—much as it accuses China of doing today.

This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Robert B. Talisse, "Civic Solitude: Why Democracy Needs Distance" (Oxford UP, 2024)

Thu, 21 Nov 2024 09:00:00 -0000

An internet search of the phrase "this is what democracy looks like" returns thousands of images of people assembled in public for the purpose of collective action. But is group collaboration truly the defining feature of effective democracy?

In Civic Solitude: Why Democracy Needs Distance (Oxford UP, 2024), Robert B. Talisse suggests that while group action is essential to democracy, action without reflection can present insidious challenges, as individuals' perspectives can be distorted by group dynamics. The culprit is a cognitive dynamic called belief polarization. As we interact with our political allies, we are exposed to forces that render us more radical in our beliefs and increasingly hostile to those who do not share them. What's more, the social environments we inhabit in our day-to-day lives are sorted along partisan lines. We are surrounded by triggers of political extremity and animosity. Thus, our ordinary activities encourage the attitude that democracy is possible only when everyone agrees--a profoundly antidemocratic stance.

Drawing on extensive research about polarization and partisanship, Talisse argues that certain core democratic capacities can be cultivated only at a distance from the political fray. If we are to meet the responsibilities of democratic citizenship, we must occasionally step away from our allies and opponents alike. We can perform this self-work only in secluded settings where we can engage in civic reflection that is not prepackaged in the idiom of our political divides, allowing us to contemplate political circumstances that are not our own.

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Robert B. Talisse, "Civic Solitude: Why Democracy Needs Distance" (Oxford UP, 2024)

Thu, 21 Nov 2024 09:00:00 -0000

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Thinking Machines: Will Robots Have Rights?

Wed, 20 Nov 2024 09:00:00 -0000

It’s the UConn Popcast, and in this episode of our series on artificial intelligence, we discuss Joanna Bryson’s essay “Robots Should be Slaves.”

We dive headlong into this provocative argument about the rights of robots. As scholars of cultural and social understanding, we are fascinated by the arguments Bryson - a computer scientist - makes about who should, and should not, be rights-bearing members of a community.

Does Bryson mean we should enslave robots now and always, regardless of their claims to rights? How does Bryson deal with the natural human tendency to anthropomorphize non-human things, and with the likelihood that as AI advances, robots will appear more human? If the robot as slave is an unacceptable idea - even in metaphorical form - then what other metaphors might help us think through our relationships with thinking machines?

Music by aiva.ai

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Laura F. Edwards, "Only the Clothes on Her Back: Clothing and the Hidden History of Power in the Nineteenth-Century United States" (Oxford UP, 2022)

Mon, 18 Nov 2024 09:00:00 -0000

What can dresses, bedlinens, waistcoats, pantaloons, shoes, and kerchiefs tell us about the legal status of the least powerful members of American society? In the hands of eminent historian Laura F. Edwards, these textiles tell a revealing story of ordinary people and how they made use of their material goods' economic and legal value in the period between the Revolution and the Civil War.

Only the Clothes on Her Back: Clothing and the Hidden History of Power in the Nineteenth-Century United States (Oxford University Press, 2022) by Dr. Laura F. Edwards uncovers practices, commonly known then, but now long forgotten, which made textiles—clothing, cloth, bedding, and accessories, such as shoes and hats—a unique form of property that people without rights could own and exchange. The value of textiles depended on law, and it was law that turned these goods into a secure form of property for marginalized people, who not only used these textiles as currency, credit, and capital, but also as entree into the new republic's economy and governing institutions. Dr. Edwards grounds the laws relating to textiles in engaging stories from the lives of everyday Americans. Wives wove linen and kept the proceeds, enslaved people traded coats and shoes, and poor people invested in fabrics, which they carefully preserved in trunks. Dr. Edwards shows that these stories are about far more than cloth and clothing; they reshape our understanding of law and the economy in America.

Based on painstaking archival research from fifteen states, Only the Clothes on Her Back reconstructs this hidden history of power, tracing it from the governing order of the early republic in which textiles' legal principles flourished to the textiles' legal downfall in the mid-nineteenth century when they were crowded out by the rising power of rights.

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Lizhi Liu, "From Click to Boom: The Political Economy of E-Commerce in China" (Princeton UP, 2024)

Sat, 16 Nov 2024 09:00:00 -0000

How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.”

China’s e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China.

Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China’s regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance.

Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China.

Lorentzen’s other NBN interviews relating to China’s tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba’s business model and organizational culture, Surveillance State, on China’s digital surveillance, Prototype Nation, on the culture and politics of China’s innovation economy.

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Saadia Yacoob, "Beyond the Binary: Gender and Legal Personhood in Islamic Law" (U California Press, 2024)

Sat, 16 Nov 2024 09:00:00 -0000

Saadia Yacoob’s excellent new book, Beyond the Binary: Gender and Legal Personhood in Islamic Law (U of California Press 2024), makes a compelling argument about gender and Islamic law that has been shockingly overlooked: Legal personhood in Islamic law is intersectional and relational, and gender is not a binary. While Muslims commonly treat gender as a fixed, stand-alone category in Islam that fundamentally shapes an individual’s legal status, Yacoob shows that that legal status in Islamic law was not determined by fixed categories of male or female but by a complex web of social hierarchies, including class, age, freedom, enslavement, social status, and lineage. She challenges the conventional binary understanding of gender by drawing on a rich array of historical, early Hanafi texts from the ninth to twelfth centuries. With insightful coverage of topics such as marriage, slavery, and sexual ethics, Yacoob finds that the categories of man and woman are unstable and conditional in Islamic law. In fact, she shows, the person’s legal and social status determined their role in society and not just their role but also how they were punished and treated in the law. Further, she argues that the category gender “did not exist as a group that had shared interests or a shared social position that led to a shared legal personhood as men or women” (p. 92).

In our interview today, Yacoob describes the origins of the book and its main arguments and findings and explains what she means by “beyond the binary” and “legal personhood” in the title of the book. We also discuss the specific chapters and some of the major themes that show up in each chapter, such as illicit sex and its consequences depending on one’s legal personhood, how a “child” was understood in her sources, what the terms “emphasized femininity” and “hegemonic masculinity” mean. Yacoob also explains what scholars miss by using only “gender” as an analytical category for studying power relations in Islamic law. We end with some of the practical implications of the arguments and findings of this book for both academics and lay Muslims, such as how we can use Islamic law itself to build our critiques of where we are today.

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Sarah Cleary, "The Myth of Harm: Horror, Censorship and the Child" (Bloomsbury, 2022)

Tue, 12 Nov 2024 09:00:00 -0000

The horror genre has endured a long and controversial success within popular culture. Fraught with accusations pertaining to its alleged ability to harm and corrupt young people and indeed society as a whole, the genre is constantly under pressure to suppress that which has made it so popular to begin with - its ability to frighten and generate discussion about society's darker side.

In The Myth of Harm: Horror, Censorship and the Child (Bloomsbury, 2022), Dr. Sarah Cleary analyses controversies, myths, and falsehoods surrounding the genre of horror. Focusing on five major controversies, the text examines how horror media has become a scapegoat for political and social issues, platforms for “moral entrepreneurs” and tools of hyperbole for the news industry.

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Anthony Grasso, "Dual Justice: America's Divergent Approaches to Street and Corporate Crime" (U Chicago Press, 2024)

Mon, 11 Nov 2024 09:00:00 -0000

The United States incarcerates its citizens for property crime, drug use, and violent crime at a rate that exceeds any other developed nation – and disproportionately affects the poor and racial minorities. Yet the U.S. has never developed the capacity to consistently prosecute corporate wrongdoing. This disjuncture between the treatment of street and corporate crime is often narrated as hypocrisy. Others suggest that the disparity is rooted in a conservative backlash after the civil rights movement and the Great Society or a legacy of slavery, Jim Crow, and the racialization of crime.

In Dual Justice: America's Divergent Approaches to Street and Corporate Crime (U Chicago Press, 2024), Dr. Anthony Grasso interrogates the intertwined histories of street and corporate crime to find that the differences in punishment are more than modern hypocrisy. Examining the carceral and regulatory states' evolutions from 1870 through today, Grasso argues that divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference such as eugenics to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Even after eugenics was discredited, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Using an impressive array of sources and methods, Dr. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America's legal system.

Dr. Anthony Grasso is an assistant professor of political science at Rutgers University Camden. His research focuses on American political development, law, and inequality.

Mentioned:

Susan’s interview with Dr. Joanna Wuest on Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement
David Vogel, Fluctuating Fortunes: The Political Power of Business in America (Beard Books, 1989)

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History and Law with Rodger Citron

Thu, 07 Nov 2024 09:00:00 -0000

I spoke with an accomplished attorney and innovative law professor Rodger Citron of the Touro Law School about the complex relationships between history and... yes, law. We talked about how the Nuremberg trials of Nazi criminals after World War II shaped the US legal philosophy. We dug into themes like the tensions between originalism and evolving interpretations of the Constitution and how judges’ personal histories impact supposedly objective rulings. We discussed Judge Irving Kaufman (famous for sentencing Julius and Ethel Rosenberg to death in 1951) and how his complex legacy offers insight into the human dimension of the judiciary. We also discussed a recent Supreme Court case, Mallory v. Norfolk Southern Railway Company, to illustrate the evolving (and surprising) tensions between originalism and "Living Constitution" approaches to law. With serious legal questions bound to arise during Trump's second term as president, and a bloody land war raging in Europe, this is a timely topic for anyone eager to understand the implications of history to contemporary institutions and events.

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The Impeachment Power: A Conversation with Keith Whittington

Wed, 06 Nov 2024 09:00:00 -0000

In this week’s episode we step into conversation with Keith Whittington about his new book, The Impeachment Power: The Law, Politics, and Purpose of an Extraordinary Constitutional Tool (Princeton UP, 2024), we explored the historical and constitutional dimensions of impeachment in American politics. Whittington provided a detailed account of how the Founders intended impeachment to function as a safeguard against executive overreach. We discussed the evolution of impeachment cases, from Andrew Johnson to more recent examples, examining how political partisanship and public opinion have shaped its application over time. Whittington also reflected on the implications of impeachment for the health of democratic institutions and constitutional governance today. It was an enlightening discussion on one of the most important, yet often misunderstood, mechanisms in the U.S. Constitution.

Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. He is the author of You Can't Teach That! The Battle Over University Classrooms (2024), Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019), and Speak Freely: Why Universities Must Defend Free Speech (2018), as well as Constitutional Interpretation (1999), Political Foundations of Judicial Supremacy (2007), and other works on constitutional theory and law and politics.

Whittington has spent most of his career at Princeton University, where he served as the William Nelson Cromwell Professor of Politics from 2006 to 2024. He has also held visiting appointments at Georgetown University Law Center, Harvard Law School, and the University of Texas School of Law.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Kirsten Widner and Anna Gunderson, "The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021" (Cambridge UP, 2024)

Thu, 31 Oct 2024 08:00:00 -0000

There has been a lot of commentary from scholars and journalists as to the meaning of Donald Trump’s three appointments to the United States Supreme Court – with regards to changes in jurisprudence, increased separation of the Court from political processes that legitimate it. Drs. Kirsten Widner and Anna Gunderson have done something a little different using tools from political science.

Their new book, The Haves and Have-Nots in Supreme Court Representation and Participation, 2016 to 2021 (Cambridge UP 2024), examines how the changing composition of the US Supreme Court affects who participates in advocacy before the Court. Who thinks to bring a case to the Supreme Court and has that changed since three new justices were appointed during the presidency of Donald Trump? Their book argues that Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have changed the behavior of both litigants (people bringing cases) and amicus curiae (groups that write briefs in support of either side).

Their study demonstrates that the growing conservatism of the Court radically reshaped the incentives of interested parties and, as a result, their participation in litigation activity. These changes in incentives have both normative and substantive importance – decreasing the power of marginalized groups and increasing opportunities for people and groups with conservative interests. Their study shows how the makeup of the Supreme Court affects the issues heard and which voices are heard loudest in the documents.

Kirsten Widner is an Assistant Professor of Political Science at the University of Tennessee, Knoxville. She received her JD from the University of San Diego School of Law and her PhD from Emory University. Her research focuses on the political representation of marginalized and unenfranchised groups.

Anna Gunderson is an Associate Professor of Public Affairs at the University of Texas, Austin and she received her PhD from Emory University. She studies American politics; the politics of punishment and policing; judicial politics; state politics; and public policy.

Mentioned:

Anna Gunderson, Kirsten Widner, and Maggie Macdonald, “Pursuing Change or Pursuing Credit? Litigation and Credit Claiming on Social Media,” Journal of Law and Courts 2024.
Rebecca Kreitzer and Candis Watts, “Reproducible and replicable: An empirical assessment of the social construction of politically relevant target groups.”
Ann Schneider and Helen Ingram, “Social construction of target populations: Implications for politics and policy” and Policy Design for Democracy.

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Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination

Wed, 30 Oct 2024 08:00:00 -0000

Dr Laura Smith-Khan speaks with Dr Anthea Vogl about her new book, Judging Refugees: Narrative and Oral Testimony in Refugee Status Determination (Cambridge UP, 2024). The conversation introduces listeners to the procedures involved in seeking asylum in the global north and how language is implicated throughout these processes. Discussing Dr Vogl’s new book and research, the podcast explores the difficult narrative demands these processes place on those seeking asylum, and the sociopolitical context underlying them. It reflects on the contributions scholars across disciplines have made and can make to law and policy reform, informing best practice, and advocating for more just systems.

For additional resources, show notes, and transcripts, go here.

Follow Laura Smith-Khan on Bluesky and Twitter.

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Possessed by the Right Hand: The Problem of Slavery in Islamic Law and Muslim Cultures

Wed, 23 Oct 2024 08:00:00 -0000

In this episode, we interview Prof. Bernard Freamon on his new book Possessed by the Right Hand.

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E. L. Gaston, "Illusions of Control: Dilemmas in Managing U.S. Proxy Forces in Afghanistan, Iraq, and Syria" (Columbia UP, 2024)

Sat, 19 Oct 2024 08:00:00 -0000

Over the last two decades, the United States has supported a range of militias, rebels, and other armed groups in Afghanistan, Iraq, and Syria. Critics have argued that such partnerships have many perils, from enabling human rights abuses to seeding future threats. Policy makers, however, have sought to mitigate the risks of partnering with irregular armed groups. Militia group leaders in far-flung corners of these war-torn countries were subjected to background checks and instructed about international law and human rights, and their funding was cut when they crossed red lines. To what extent have such mechanisms curbed the dangers of proxy warfare, and what unforeseen consequences has this approach unleashed?

Drawing on a decade of field research and hundreds of interviews with stakeholders, in Illusions of Control: Dilemmas in Managing U.S. Proxy Forces in Afghanistan, Iraq, and Syria (Columbia University Press, 2024), Dr. Erica L. Gaston unpacks the dilemmas of attempting to control proxy forces. She demonstrates that, although the tools U.S. policy makers used to constrain partners’ behavior increased in number and sophistication, they never fully addressed the range of political, security, and legal concerns surrounding these forces. Moreover, by shifting policy makers’ calculations, the use of proxy forces introduced additional moral hazards and may have enabled riskier decision making. Featuring substantial empirical detail and close analysis of key internal debates, Illusions of Control offers new perspectives on some of the most significant and controversial elements of recent U.S. security policy. In addition to nuanced insights about proxy relationships, this book provides a novel analytical toolkit for exploring transnational bargaining and foreign policy deliberations in hybrid political environments.

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Keith E. Whittington, "You Can't Teach That!: The Battle over University Classrooms" (Polity Press, 2024)

Thu, 17 Oct 2024 08:00:00 -0000

Who controls what is taught in American universities – professors or politicians? The answer is far from clear but suddenly urgent. Unprecedented efforts are now underway to restrict what ideas can be promoted and discussed in university classrooms. Professors at public universities have long assumed that their freedom to teach is unassailable and that there were firm constitutional protections shielding them from political interventions. Those assumptions might always have been more hopeful than sound. A battle over the control of the university classroom is now brewing, and the courts will be called upon to establish clearer guidelines as to what – if any – limits legislatures might have in dictating what is taught in public universities.

In You Can't Teach That!: The Battle over University Classrooms (Polity Press, 2024), Keith Whittington argues that the First Amendment imposes meaningful limits on how government officials can restrict the ideas discussed on university campuses. In clear and accessible prose, he illuminates the legal status of academic freedom in the United States and shows how existing constitutional doctrine can be deployed to protect unbridled free inquiry.

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Slavery and Islam

Wed, 16 Oct 2024 08:00:00 -0000

In this episode, we talk to Professor Jonathan Brown about his book, Slavery and Islam.

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The Social Contract in the Ruins: A Conversation with Dr. Paul DeHart

Wed, 16 Oct 2024 08:00:00 -0000

In the latest episode of Madison’s Notes, we sit down with Dr. Paul DeHart, professor of Political Science at Texas State University and author of The Social Contract in the Ruins: Natural Law and Government by Consent (University of Missouri Press, 2024). In this illuminating discussion, Dr. DeHart challenges the prevailing belief that social contract theory and classical natural law are fundamentally incompatible. His book offers a bold argument: political authority and obligation cannot be grounded solely in human agreement but must rest on a deeper, antecedent moral foundation—one that is uncreated and independent of human or divine will. Without this objective moral good, even the widely accepted principle of government by consent loses its coherence.

Throughout the episode, Dr. DeHart explores key philosophical questions surrounding political legitimacy and the moral underpinnings of authority. We dive into why modern approaches to grounding political authority through consent alone are self-defeating and how classical natural law is essential to upholding the principles that guide just governance.

Listeners will gain a deeper understanding of the intersection between political theory, philosophy, and morality, as well as the relevance of these ideas in today's political landscape. Whether you're a scholar of political philosophy or simply curious about the foundations of political authority, this episode is packed with rich insights and thoughtful discussion.

Dr. Dehart’s other works:

Uncovering the Constitution's Moral Design

Reason, Revelation, and the Civic Order: Political Philosophy and the Claims of Faith

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Eric R. Schlereth, "Quitting the Nation: Emigrant Rights in North America" (UNC Press, 2024)

Mon, 14 Oct 2024 08:00:00 -0000

Perceptions of the United States as a nation of immigrants are so commonplace that its history as a nation of emigrants is forgotten. However, once the United States came into existence, its citizens immediately asserted rights to emigrate for political allegiances elsewhere. Quitting the Nation: Emigrant Rights in North America (UNC Press, 2024) recovers this unfamiliar story by braiding the histories of citizenship and the North American borderlands to explain the evolution of emigrant rights between 1750 and 1870.

Eric R. Schlereth traces the legal and political origins of emigrant rights in contests to decide who possessed them and who did not. At the same time, it follows the thousands of people that exercised emigration right citizenship by leaving the United States for settlements elsewhere in North America. Ultimately, Schlereth shows that national allegiance was often no more powerful than the freedom to cast it aside. The advent of emigrant rights had lasting implications, for it suggested that people are free to move throughout the world and to decide for themselves the nation they belong to. This claim remains urgent in the twenty-first century as limitations on personal mobility persist inside the United States and at its borders.

This interview was conducted by Hannah Nolan, a PhD Candidate at the University of Maryland, College Park. Her work focuses upon the intersection of memory, partisanship, and ethnic identity during the early republic to explore the construction of Irish and American identities in the United States.

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Gretchen Sisson, "Relinquished: The Politics of Adoption and the Privilege of American Motherhood" (St. Martin's Press, 2024)

Sat, 12 Oct 2024 08:00:00 -0000

Adoption has always been viewed as a beloved institution for building families, as well as a mutually agreeable common ground in the otherwise partisan abortion debate. Little attention, however, has been paid to the lives of mothers who relinquish their infants for private adoption. Through the lens of reproductive justice, Relinquished: The Politics of Adoption and the Privilege of American Motherhood reveals adoption to be a path of constrained choice for women who face immense barriers to access abortion, or to parent their children safely.

With the overturning of Roe v. Wade, adoption increasingly functions as an institution that perpetuates reproductive injustice by separating families and policing parenthood under the guise of feel-good family building for middle-upper-class white people. Based on hundreds of in-depth interviews, Relinquished centers and amplifies the voices of relinquishing mothers, and fills an important gap in the national conversation about reproductive politics and justice.

Shui-yin Sharon Yam is Associate Professor of Writing, Rhetoric, and Digital Studies, and Affiliate Faculty of Gender and Women's Studies at the University of Kentucky. She is the co-author of Doing Gender Justice: Queering Reproduction, Kin, and Care.

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Talking Thai Politics: Kunthika Nutcharut, Defending Disruptors

Fri, 11 Oct 2024 08:00:00 -0000

What is it like to be a human rights lawyer in Thailand? How does the new generation of 2020s political activists differ from those of previous eras? In this episode of Talking Thai Politics, we talk to Kunthika Nutcharut about her work with Thai Lawyers for Human Rights.

Kunthika comes from a political family – her lawyer father Krisadang Nutcharut was a student activisit in the 1970s – and she studied and worked in Germany before deciding to return to Thailand to taken on the challenging work of defending outspoken figures in the post-2020 student-led protest movement.

Duncan McCargo is President’s Chair in Global Affairs at Nanyang Technological University.

Chayata Sripanich is a research associate with the Generation Thailand project.

Talking Thai Politics brings crafted conversations about the politics of Thailand to a global audience. Created by the Generation Thailand project at Nanyang Technological University, the podcast is co-hosted by Duncan McCargo and Chayata Sripanich. Our production assistant is Li Xinruo.

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Risa Cromer, "Conceiving Christian America: Embryo Adoption and Reproductive Politics" (NYU Press, 2023)

Wed, 09 Oct 2024 08:00:00 -0000

In 1997, a group of white pro-life evangelical Christians in the United States created the nation’s first embryo adoption program to “save” the thousands of frozen human embryos remaining from assisted reproduction procedures, which they contend are unborn children. While a small part of US fertility services, embryo adoption has played an outsized role in conservative politics, from high-profile battles over public investment in human embryonic stem cell research to the overturning of Roe v. Wade. Based on six years of ethnographic research with embryo adoption staff and participants, Dr. Risa Cromer uncovers how embryo adoption advances ambitious political goals for expanding the influence of conservative Christian values and power.

Conceiving Christian America: Embryo Adoption and Reproductive Politics (NYU Press, 2023) is the first book on embryo adoption tracing how this powerful social movement draws on white saviorist tropes in their aims to reconceive personhood, with drastic consequences for reproductive rights and justice. Documenting the practices, narratives, and beliefs that move embryos from freezers to uteruses, this book wields anthropological wariness as a tool for confronting the multiple tactics of the Christian Right. Timely and provocative, Conceiving Christian America presents a bold and nuanced examination of a family-making process focused on conceiving a Christian nation.

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Frank R. Baumgartner, “Suspect Citizens: What 20 Million Traffic Stops Tell Us about Policing and Race” (Cambridge UP, 2018)

Tue, 08 Oct 2024 08:00:00 -0000

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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Ciara Torres-Spelliscy, "Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians" (NYU Press, 2024)

Mon, 07 Oct 2024 08:00:00 -0000

What threatens American democracy and the rule of law? In her new book, Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians (NYU Press, 2024),

legal scholar and campaign spending expert Ciara Torres-Spelliscy argues that the USA’s privately-funded campaign finance system – combined with corporate greed and antidemocratic strains in the modern Republican Party – endangers American democracy. As she sees it, unseen political actors and untraceable dark money influence our elections, while anti-democratic rhetoric threatens a tilt towards authoritarianism.

Drawing on key Supreme Court cases such as Citizens United, Professor Torres-Spelliscy explores how corporations have undermined democratic norms, practices, and laws. From bankrolling regressive politicians to funding ghost candidates with dark money, the book exposes how corporations subvert the will of the American people – yet courts struggle to hold corporate interests and corrupt politicians accountable. If American democracy is going to survive in the long term, then the deep pockets of the largest corporations cannot be allowed to join focus with the anti-democratic fringe. Professor Torres-Spelliscy fears a repeat of the January 6th insurrection – but with expansive corporate sponsorship.

Professor Torres Spelliscy outlines the ways in which Corporate forces might be held accountable by the courts, their shareholders, and citizens themselves. Along with other reforms, she proposes a democracy litmus test that requires loyalty to democracy in politics and the economy.

The end of the podcast features her insights on how oil interests crypto “techno bros” have invested in the outcome of the November 2024 election.

Ciara Torres-Spelliscy is a Professor of Law at Stetson Law. She is also a Brennan Center Fellow at NYU Law School who has testified before Congress as an expert on campaign finance and has helped draft Supreme Court briefs. Previously, she authored Corporate Citizen (Carolina 2016) and Political Brands (Elgar 2019). She has recently written about public financing and the Eric Adams indictments and crypto spending in the 2024 election.

Mentioned in the podcast:

Judd Legum's work on corporate PACs in his Substack, Popular Information
Photo with Barack Obama for which Jho Low paid $20 million can be seen here
Example of 2022 media attempts to identify “sedition caucus” and election deniers for voters

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Jonathan Turley, "The Indispensable Right: Free Speech in an Age of Rage" (Simon and Schuster, 2024)

Mon, 07 Oct 2024 08:00:00 -0000

“It’s a free country.” Many of us recall saying that as children as we learned that we were American citizens who were endowed with certain rights—such as free speech. We would use those words when we wanted to assert our own rights when we were being bullied or chastised. We would use them to let others know that even if we did not agree with what they were saying or doing, they were within their rights to express certain opinions or to do certain things.

How many American adults feel as confident now about expressing our views in public settings as we did when we were children or young adults?

In his authoritative but general-reader-friendly new book, The Indispensable Right: Free Speech in an Age of Rage legal scholar and public intellectual Jonathan Turley argues that many Americans nowadays are “speech phobic” and employ terms such as “hate speech” to shut down legitimate discussion of such topics as immigration, government policies during the height of the Covid pandemic and transgenderism. He maintains that free expression is imperative for human flourishing and that stifling it can lead to a spiral of frustration boiling up to rage, which is then repressed by expressions of state rage such as the Palmer Raids and the excesses of McCarthyism.

Turley walks us through the history of free speech in America and across today’s minefields of topics that can get even average people cancelled—and what forms “canceling” can take.

In approachable, fairly short chapters Professor Turley reminds us of how quickly some of the heroes of the American Revolution and champions of liberty devolved into semi-tyrants. His treatment of John Adams and the Alien and Sedition Acts (the latter of which rendered it a crime to, “print, utter, or publish...any false, scandalous, and malicious writing” about the government) is particularly eye-opening and provides crucial background as the reader proceeds through the book. The concept of sedition is a major focus of the book and alerts us as citizens that it is not a matter confined to centuries ago, but a matter very much in the forefront of the American legal and political landscape in the wake what happened in Washington DC in January 2021.

Indeed, what we should call what those events is another fascinating focus of the book. Turley argues forcefully and persuasively that January 6 was not an insurrection but a protest that became a riot. This was a brave stance to take given that, as he points out in the book, anyone who argued that January 6 was anything but an insurrection was in danger of being labeled a sympathizer or an apologist for the rioters.

Turley’s book has become even more of a crucial read in the wake of the anti-Israel protests on college campuses in the spring of 2024. Ditto some shockingly anti-free-speech comments recently by supposedly mainstream Democrats such as John Kerry and Hillary Clinton.

We will touch on the status of free speech as an issue in the 2024 presidential election and how free speech has been impacted by the Biden-Harris administration. The topic of censorship came up, for example, in the 2024 vice-presidential debate and we will get Professor Turley’s take on that.

Hope J. Leman is a grants researcher.

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Megan Bradley et al., "IOM Unbound?: Obligations and Accountability of the International Organization for Migration in an Era of Expansion" (Cambridge UP, 2023)

Sat, 05 Oct 2024 08:00:00 -0000

It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way.

Analyzing IOM as an international organization (IO), IOM Unbound?: Obligations and Accountability of the International Organization for Migration in an Era of Expansion (Cambridge UP, 2023) illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core.

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Deepa Das Acevedo, "The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India" (Oxford UP, 2024)

Thu, 03 Oct 2024 08:00:00 -0000

The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India (Oxford UP, 2024) tells the story of one of contemporary India’s most contentious disputes: a long-running struggle over women’s access to the Hindu temple at Sabarimala. In 2018, the Indian Supreme Court ruled that the temple, which had traditionally been forbidden to women aged ten to fifty because their presence offended the presiding deity, was required to open its doors to all Hindus. The decision in Indian Younger Lawyers Association rocked the nation: protests were launched around India and throughout the diaspora, a record-setting human chain called the ‘Women’s Wall’ was coordinated, and dozens of petitions were filed asking the Supreme Court to review, and potentially reverse, its landmark opinion.

Perhaps most significantly, IYLA led the Court to openly reconsider the Essential Practices Doctrine that has been a mainstay of Indian religious freedom jurisprudence since 1954. In this first monograph-length study of the dispute, legal anthropologist Deepa Das Acevedo draws on ethnographic fieldwork, legal analysis, and media archives to tell a multifaceted narrative about the ‘ban on women’. Reaching as far back as the eighteenth century, when the relationship between temple deities and the government was transformed by an ambitious precolonial ruler, and coming up to the litigation delays caused by the coronavirus pandemic, Das Acevedo reveals the complexities of the dispute and the constitutional framework that defines it. That framework, Das Acevedo argues, reflects two distinct conceptions of religion-state relations, both of which have emerged at various stages in the—still unresolved—battle for Sabarimala.

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Jon Michaels and David Noll, "Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy" (Atria/One Signal, 2024)

Thu, 03 Oct 2024 08:00:00 -0000

Law professors Jon Michaels and David Noll use their expertise to expose how state-supported forms of vigilantism are being deployed by MAGA Republicans and Christian nationalists to roll back civil, political, and privacy rights and subvert American democracy. Beyond identifying the dangers of vigilantism, Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy (Atria/One Signal, 2024) functions as a call to arms with a playbook for a democratic response.

Michaels and Noll look back in time to make sense of today's American politics. They demonstrate how Christian nationalists have previously used state-supported forms of vigilantism when their power and privilege have been challenged. The book examines the early republic, abolitionism, and Reconstruction.

Since the failed coup by supporters of Former president Donald Trump on January 6, 2021, Michaels and Noll document how overlapping networks of right-wing lawyers, politicians, plutocrats, and preachers have resurrected state-supported vigilantism – using wide ranging methods including book bans, anti-abortion bounties, and attacks on government proceedings, especially elections. Michaels and Noll see the US at a critical inflection point in which state-sponsored vigilantism is openly supported by GOP candidates for president and vice-president, Project 2025, and wider networks, Michaels and Noll move beyond analysis to action: 19 model laws to pass. The supporters of democratic equality are numerous and dexterous enough to create a plan to fight radicalism and vigilantism and secure the broad promises of the civil rights revolution.

Jon Michaels is a professor of law at UCLA Law, where he teaches and writes about constitutional law, public administration, and national security. He has written numerous articles in law reviews including Yale, University of Chicago, and Harvard and also public facing work in venues like the Washington Post, the New York Times, and Foreign Affairs.

David Noll is a law professor at Rutgers Law School. He teaches and writes on courts, administrative law, and legal movements. He publishes scholarly work in law reviews such as California, Cornell, Michigan and NYU and translates for wider audiences in places like the New York Times, Politico, and Slate.

Mentioned in the podcast:

By Hands Now Known: Jim Crow’s Legal Executioners (Norton) by Margaret A. Burnham
Let them Eat Tweets: How the Right Rules in an Age of Extreme Inequality (Liveright) by Jacob Hacker and Paul Pierson
Hannah Nathanson at the Washington Post who was part of a team of journalists awarded the 2022 Pulitzer Prize for Public Service for coverage of the Jan. 6 insurrection at the U.S. Capitol
Previous interviews with scholars addressing the breakdown of American democracy: Four Threats: The Recurring Crises of American Democracy (Suzanne Mettler and Robert C. Lieberman) Phantoms of a Beleaguered Republic (Stephen Skowronek, John A. Dearborn, and Desmond King); How Democracies Die (Steve Levitsky and Daniel Ziblatt); The Specter of Dictatorship: Judicial Enabling of Presidential Power (David M. Driesen and A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (Kevin J. McMahon)

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Samuel Ely Bagg, "The Dispersion of Power: A Critical Realist Theory of Democracy" (Oxford UP, 2023)

Tue, 01 Oct 2024 08:00:00 -0000

We commonly think of democracy as a social order governed by the people’s collective will. Given the size of the modern states, this picture is typically adjusted to say that democracy is a system of representative government, where elected officials are tasked with governing in ways that reflect the collective will of their constituents.

Although it is familiar, this way of depicting democracy invites difficulties. The concept of a collective will is notoriously difficult to nail down. And, moreover, the idea that modern elections reveal or express such a will remains dubious. Accordingly, a good deal of democratic theory aims to fill in the missing details regarding the collective will and its representation.

In The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford University Press 2024), Samuel Bagg takes a different tack by proposing a vision of democracy where the central aim is to protect public power from capture.

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Caterina Fugazzola, "Words Like Water: Queer Mobilization and Social Change in China" (Temple UP, 2023)

Thu, 26 Sep 2024 08:00:00 -0000

After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi, an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under Xi Jinping’s authoritarian rule.

Words Like Water: Queer Mobilization and Social Change in China (Temple UP, 2023) explores the nonconfrontational strategies the tongzhi movement uses in contemporary China. Caterina Fugazzola analyzes tongzhi organizers’ conceptualizations of, and approaches to, social change, explaining how they avoid the backlash that meets Western tactics, such as protests, confrontation, and language about individual freedoms. In contrast, the groups’ intentional use of community and family-oriented narratives, discourses, and understandings of sexual identity are more effective, especially in situations where direct political engagement is not possible.

Providing on-the-ground stories that examine the social, cultural, and political constraints and opportunities, Words like Water emphasizes the value of discursive flexibility that allows activists to adapt to changing social and political conditions.

Caterina Fugazzola is Assistant Senior Instructional Professor of Global Studies at the University of Chicago.

Qing Shen is a PhD candidate in anthropology at Uppsala University, Sweden.

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Ethical Machines: A Conversation with Reid Blackman

Wed, 25 Sep 2024 08:00:00 -0000

Join us as we discuss Dr. Reid Blackman’s new book: Ethical Machines: Your Concise Guide to Totally Unbiased, Transparent, and Respectful AI (Harvard Business Review Press, 2022). We dive into the intricacies of developing AI and the intersection of ethics and innovation.

Reid Blackman, Ph.D., is the author of Ethical Machines, creator and host of the podcast “Ethical Machines,” and Founder and CEO of Virtue, a digital ethical risk consultancy. He is also an advisor to the Canadian government on their federal AI regulations, was a founding member of EY’s AI Advisory Board, and a Senior Advisor to the Deloitte AI Institute. His work, which includes advising and speaking to organizations including AWS, US Bank, the FBI, NASA, and the World Economic Forum, has been profiled by The Wall Street Journal, the BBC, and Forbes. His written work appears in The Harvard Business Review and The New York Times. Prior to founding Virtue, Reid was a professor of philosophy at Colgate University and UNC-Chapel Hill. Learn

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions

Contributions to and/or sponsorship of guest does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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David M. Driesen, "The Specter of Dictatorship: Judicial Enabling of Presidential Power" (Stanford UP, 2021)

Mon, 23 Sep 2024 08:00:00 -0000

At the end of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked whether we have a republic or a monarchy. He replied “A Republic…if you can keep it.” In The Specter of Dictatorship: Judicial Enabling of Presidential Power (Stanford UP, 2021), David M. Driesen argues that Donald Trump's presidency challenged Americans to consider whether the Madisonian system of checks and balances could robustly respond to a president claiming extensive executive power and disregarding traditional processes such as the peaceful transition of power. Driesen notes that Benjamin Franklin and many men in the “founding” generation observed tyrannical government in Europe – and they explicitly included safeguards in the U.S. Constitution to prevent extensive executive power in the United States.

In this tradition, Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey. He argues that an insufficiently constrained presidency is one of the most important systemic threats to constitutional democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Specifically, he sees the United States Supreme Court as enabling the expansion of executive power. Specter of Dictatorship highlights how the Supreme Court’s reliance on and expansion of the legal approach called unitary executive theory threatens the separation of powers in the U.S. Driesen recommends a less deferential approach in which the judiciary checks the executive. The Supreme Court has been acting a if policing presidential power is the threat to democracy – but the real danger for constitutional democracy lies in expansion of executive power. For Driesen, judges and justices should give substantial weight to concerns about democratic erosion. Because autocracy is spreading abroad and presidential power is expanding in the US, Benjamin Franklin’s concern about maintaining democracy is relevant in 2024.

Professor Driesen is the thirteenth University Professor at Syracuse University where he teaches constitutional and environmental law. He is a graduate of the Yale Law School and has published several books and numerous articles with leading academic publishers and law reviews.

From the podcast:

David’s piece on major questions doctrine
David’s editorial on the POTUS debate, Victor Orban, and Haitian Immigrants

Correction from Susan – the two dissenters in Roe v. Wade were appointed by John F. Kennedy and Richard Nixon. The justices voting in favor of reproductive rights were 5 men appointed by Republican presidents (Dwight Eisenhower and Richard Nixon) and 2 men appointed by Democratic presidents (Franklin Roosevelt and Lyndon Johnson).

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Gergely Gosztonyi, "Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices" (Springer, 2023)

Sun, 22 Sep 2024 08:00:00 -0000

In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression.

For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-totalimmunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way.

In Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices (Springer, 2023), particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all.

This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years.

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Robert Polner and Michael Tubridy, "An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O'Dwyer" (Cornell UP, 2024)

Sun, 22 Sep 2024 08:00:00 -0000

In the city of New York from the 1930s to the 1990s, Irish attorney Paul O’Dwyer was a fierce and enduring presence in courtrooms, on picket lines, and in contests for elected office. He was forever the advocate of the downtrodden and marginalized, fighting not only for Irish Catholics in Northern Ireland but for workers, radicals, Jews, and African Americans and against the Vietnam War.

With his shock of white hair and bushy eyebrows, O’Dwyer was widely recognized in politics and in the media. His work as a reform Democrat transformed the Democratic Party and his advocacy for peace and justice in Northern Ireland bore fruit in the Good Friday Agreement of 1998 that ended decades of conflict.

Until now, however, there has been no biography of this happy warrior for social justice. Fortunately, that problem has been remedied with a new book by Robert Polner and Michael Tubridy, An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O’Dwyer (Cornell UP, 2024).

Host Robert W. Snyder is Manhattan Borough Historian and professor emeritus of journalism, and American Studies at Rutgers University. His latest book, When the City Stopped: Stories from New York’s Essential Workers, is due out in March 2025 from Cornell University Press. Email: rwsnyder@rutgers.edu

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Aideen O’Shaughnessy, "Embodying Irish Abortion Reform: Bodies, Emotions, and Feminist Activism" (Bristol UP, 2024)

Sat, 21 Sep 2024 08:00:00 -0000

Dr. Aideen O'Shaughnessy is a Senior Lecturer in Sociology at the University of Lincoln. She has a PhD in Sociology from the University of Cambridge, an MA in Gender Studies Research from Utrecht University and a BA in Sociology and French at Trinity College Dublin. Her research focuses on gender, health, and social movements and she is particularly interested in the study of reproductive health, rights, and justice. She has published widely in journals including Body and Society, the European Journal of Women's Studies, and the BMJ Sexual and Reproductive Health.

Embodying Irish Abortion Reform: Bodies, Emotions, and Feminist Activism (Bristol UP, 2024) explores the lived, embodied and affective experiences of reproductive rights activists living under, and mobilizing against, Ireland’s constitutional abortion ban.

Through qualitative research and in-depth interviews with activists, the author exposes the subtle influence of the 8th Amendment on Irish women and their (reproductive) bodies, whether or not they have ever attempted to access a clandestine abortion.

It explains how the everyday embodied practices, bodily labours and affective experiences of women and gestating people were shaped by the 8th amendment and through the need to ‘prepare’ for crisis pregnancies. In addition, it reveals the integral role of women’s bodies and emotions in changing the political and social landscape in Ireland, through the historical transformation of the country’s abortion laws.

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Celebrating Constitution Day, Part. 2: A Conversation with Julia Mahoney

Wed, 18 Sep 2024 08:00:00 -0000

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy.

Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance.

Show Notes:

A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Kevin J. McMahon, "A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People" (U Chicago Press, 2024)

Mon, 16 Sep 2024 08:00:00 -0000

Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. Historically, the Supreme Court has always had some “democracy gap” – democratically elected presidents appoint justices that serve for life. As presidents select justices, they attempt to move the Supreme Court in their desired ideological direction while “simultaneously advancing their electoral interests and managing their governing coalition.” Despite these forces, Dr. McMahon argues that past Supreme Courts were still closer to democratic principles. Today’s court is exceptional because the “democracy gap” is severe.

A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (U Chicago Press, 2024) draws on historical and contemporary data to reveal how the long arc of court battles (from FDR to Donald Trump) created this democracy gap. McMahon highlights changes to the politics of nominating and confirming justices, the changes in who is even considered to be in the pool to be a Supreme Court justice, and the increased salience of the Court in elections.

Dr. Kevin J. McMahon (he/him) is the John R. Reitemeyer [RightMeyer]Professor of Political Science at Trinity College, and the author of two award-winning books, Reconsidering Roosevelt on Race and Nixon’s Court, both published by The University of Chicago Press. Together with A Supreme Court Unlike Any Other, the three books form a trilogy that interrogates whether 100 years of presidential efforts to shape the high court affect the supreme court’s democratic legitimacy.

Dr. McMahon also writes public facing essays in outlets such as US News & World Report and The Conversation. For example, The Presidential Immunity Case & American Democracy, President Biden & the Courage it Takes to Call it Quits, Conservative Justices Polarized on the State of American Politics, and Calls for a Supreme Court Justice to Retire.

Susan mentioned a stark New York Times graphic of how 6 senators (CA, NY, TX) represent the same number of voters as 62 senators. 2022 data (but less dramatically presented) is here.

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Michael L. Walker, "Indefinite: Doing Time in Jail" (Oxford UP, 2022)

Sun, 15 Sep 2024 08:00:00 -0000

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.

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Jennifer Redmond and Mary McAuliffe, "The Politics of Gender and Sexuality in Modern Ireland: A Reader" (Four Courts Press, 2024)

Sat, 14 Sep 2024 08:00:00 -0000

Mary McAuliffe is a historian and lecturer in Gender Studies at UCD. Her latest publications include (is The Diaries of Kathleen Lynn co-authored with Harriet Wheelock) and Margaret Skinnider; a biography (UCD Press,2020). Throughout the Decade of Centenaries 2012-2023 she has been conducting extensive research on the experiences of women during the War of Independence and Civil War and is currently completing her book based on that research, OUTRAGE: Gendered and Sexual Violence in the Irish War of Independence and Civil War, 1919-1923 (forthcoming 2025). Jennifer Redmond is Associate Professor in Twentieth Century Irish History in the Department of History at Maynooth University. She is the author of Moving Histories: Irish Women’s Emigration to Britain from Independence to Republic and the co-editor of Irish Women in the First World War Era. She also sits on the Editorial Board for the journal, Women's History Review and for the Documents in Irish Foreign Policy series, a joint initiative of the National Archives of Ireland and the Royal Irish Academy.

In this interview, they discuss their new edited collection The Politics of Gender and Sexuality in Modern Ireland (Four Courts Press, 2024) as well as their own intellectual backgrounds and views on Irish history-writing.

The Politics of Gender and Sexuality in Modern Ireland is an edited collection of focused, cohesive and persuasive essays, based on the newest research on gender, sexuality and sexual politics. It offers historical reflections and contemporary analyses of issues related to the contested and often hidden histories of sexual politics and gender identities in Ireland in the nineteenth and twentieth centuries. Including but going beyond the binary of male and female heterosexual experience, the book explores LGBTQI+ histories, the treatment of intersex persons, and the history of trans people and activism in Ireland. As an interdisciplinary work, this reader draws together scholars working in a range of fields on innovative, new research on this theme. The essays consider these histories as seen over two centuries and reflect on the societal shifts in modern Ireland as evidenced in two recent referenda and the responses to the scandals emerging from the state’s treatment of unmarried mothers.

Aidan Beatty is a lecturer in history at Carnegie Mellon University

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Celebrating Constitution Day Pt. 1: A Conversation with Cass R. Sunstein

Wed, 11 Sep 2024 08:00:00 -0000

Join us for an in-depth exploration of Professor Cass Sunstein's latest work, Campus Free Speech (Harvard University Press, September 2024).

Together, we'll examine the book’s intriguing take on free speech in academic spaces and the broader implications for constitutional interpretation. Professor Sunstein also delves into the exercise of administrative power, with timely discussions on COVID-era authority and the Supreme Court's decision in Chevron v. Natural Resources Defense Council. Gain unique insights from Sunstein on how the Constitution remains a guiding force for the American public in navigating modern challenges.

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard. He is the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. In 2018, he received the Holberg Prize from the government of Norway, sometimes described as the equivalent of the Nobel Prize for law and the humanities. In 2020, the World Health Organization appointed him as Chair of its technical advisory group on Behavioural Insights and Sciences for Health. From 2009 to 2012, he was Administrator of the White House Office of Information and Regulatory Affairs, and after that, he served on the President’s Review Board on Intelligence and Communications Technologies and on the Pentagon’s Defense Innovation Board. Mr. Sunstein has testified before congressional committees on many subjects, and he has advised officials at the United Nations, the European Commission, the World Bank, and many nations on issues of law and public policy. He serves as an adviser to the Behavioural Insights Team in the United Kingdom.

Professor Sunstein is author of hundreds of articles and dozens of books, including Nudge: Improving Decisions about Health, Wealth, and Happiness (with Richard H. Thaler, 2008), Simpler: The Future of Government (2013), The Ethics of Influence (2015), #Republic (2017), Impeachment: A Citizen’s Guide (2017), The Cost-Benefit Revolution (2018), On Freedom (2019), Conformity (2019), How Change Happens (2019), and Too Much Information (2020). He is now working on a variety of projects involving the regulatory state, “sludge” (defined to include paperwork and similar burdens), fake news, and freedom of speech.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions

Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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Anthony Michael Kreis, "Rot and Revival: The History of Constitutional Law in American Political Development" (U California Press, 2024)

Mon, 09 Sep 2024 08:00:00 -0000

One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide.

In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods from history, law, and political science to theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics. Understanding American constitutional law means looking at the relationship among dominant political coalitions, social movements, and the evolution of constitutional law as prescribed by judges. For Kreis, constitutional doctrine does not exist in a philosophical vacuum – it is a “distillation of partisan politics.”

Rejecting the idea that the Constitution's significance and interpretation can be divorced from contemporary political realities, Kreis uses tools from law, history, and American political development to explain how American constitutional law reflects the ideological commitments of dominant political coalitions, the consequences of major public policy choices, and the influences of intervening social movements. For Kreis, constitutional law is “best understood through the diachronic lens of American Political Development (APD) and the concept of political time. Kreis concludes that the courts have never been—and cannot be—institutions lying outside the currents of national politics.

Dr. Anthony Michael Kreis is assistant professor at Georgia State University College of Law where he teaches constitutional law and works at the intersection of law and American Political Development. He earned his undergraduate and law degrees at the University of North Carolina at Chapel Hill and Washington & Lee University, respectively, and his PhD from the School of Public and International Affairs at the University of Georgia.

Mentioned:

President Lyndon B. Johnson’s March 15, 1965 speech before Congress on voting rights
Keith E. Whittington’s Political Foundations of Judicial Supremacy and other works
Gerald Rosenberg’s The Hollow Hope: Can Courts Bring About Social Change?

Correction: Justices Sotomayor and Kagan were nominated by President Obama and Justice Jackson was nominated by President Biden.

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Judge Frederic Block, "A Second Chance: A Federal Judge Decides Who Deserves It" (The New Press, 2024)

Thu, 05 Sep 2024 08:00:00 -0000

The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before U.S. District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release. He then explains the criteria the First Step Act has spelled out for his consideration. And, in a novel twist, he asks the reader, “What would you do?”

In A Second Chance: A Federal Judge Decides Who Deserves It (The New Press, 2024), Judge Block puts us out of our suspense in a third section of the book where he tells us what he did do in each case and why, as he weighs each compassionate release request, evaluating issues ranging from “the trial tax,” to sentencing disparities, to judicial incompetence. Finally, Judge Block makes the case that the First Step Act should be extended to state court judges, since state prisons house about 90 percent of those incarcerated. In a book that could be the basis for a new season of Law & Order, Judge Block challenges our ideas about punishment and justice.

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Dr. Alexandre Caeiro on the Politics of Islamic Law and Institutions in Qatar

Wed, 04 Sep 2024 08:00:00 -0000

An interview with Dr. Alexandre Caeiro in which we discuss Islamic law and institutions in Qatar, secularisation and the Ottomans.

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Cary Nelson, "Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles" (Academic Studies Press, 2024)

Wed, 04 Sep 2024 08:00:00 -0000

Completed shortly before Hamas carried out its barbaric October massacre, Cary Nelson's Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles (Academic Studies Press, 2024) takes up issues that have consequently gained new urgency in the academy worldwide.

It is the first book to ask what impact antisemitism has had on the fundamental principles the academy relies on for its identity—academic freedom, free speech rights, standards for hiring or firing faculty members and administrators, and the ethics of academic conduct and debate.

Antisemitic hatred is spreading at a fever pitch. What steps can counter it? What damage to students is done when departments embrace anti-Zionism? Should faculty members face consequences for promoting antisemitism on social media? Should universities make a new push to adopt the IHRA Definition of Antisemitism?

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Jonathan Gienapp, "Against Constitutional Originalism: A Historical Critique" (Yale UP, 2024)

Tue, 03 Sep 2024 08:00:00 -0000

The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists.

In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims.

Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past.

This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself.

This book speaks directly to originalists with a challenge to make a fundamental choice between recognizing how our modern constitutional practices distort the original constitution and embrace them for the modern fiction that they are, or recover the original Constitution that the Founders actually knew.

Author recommended reading:

The Interbellum Consitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale UP, 2024) by Alison L. LaCroix

Related resources:

The Structure of Scientific Revolutions by Thomas S. Kuhn
Edwin Meese speech to the American Bar Association in 1985
Constitutional Faith by Sanford Levinson

New Books Network interview with Jonathan Gienapp, when Derek Litvak spoke with him in 2019 about The Second Creation: Fixing the American Constitution in the Founding Era (Harvard UP 2018).

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Joanna Wuest, "Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement" (U Chicago Press, 2023)

Tue, 27 Aug 2024 08:00:00 -0000

Scholars often narrate the legal cases confirming LGBTQ+ rights as a huge success story. While it took 100 years to confirm the rights of Black Americans, it took far less time for courts to recognize marriage and adoption rights or workplace discrimination protections for queer people.

The legal and political success of LGBTQ+ advocates often depended upon presenting sexual and gender identities as innate – or “immutable” to fit legal categories. Conservatives who oppose LGBTQ+ equality often argue that sexual and gender identity is something that can be taught. They use the offensive language of “grooming” and contagious “gender ideology” that corrupts susceptible children.

In Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement (U Chicago Press, 2023), Dr. Joanna Wuest unpacks how a biologically based understanding of gender and sexuality– based on arguments from the “natural sciences and mental health professions” – became central to American LGBTQ+ advocacy. Her book is both a “celebratory and cautionary” story about the costs of relying on science to win impressive victories for queer rights. The book interrogates the “LGBTQ+ rights movement, the scientific study of human difference, and the biopolitical character of citizenship that formed at the nexus of the two.” As LGBTQ+ advocates brought “science to bear on civil rights struggles,” they transformed American politics and the epistemology of identity politics more broadly.”

Dr. Joanna Wuest is an incoming Assistant Professor of Women's, Gender, and Sexuality Studies at Stony Brook University and a sociolegal scholar specializing in sexual and gender minority rights, health, and political economy. Her book, Born This Way: Science, Citizenship, and Inequality in the American LGBTQ+ Movement, received an Honorable Mention for the Society for Social Studies of Science's 2024 Rachel Carson Prize and was featured on a recent episode of Radiolab.

During the podcast, we mentioned:

Joanna’s article with Dr. Briana S. Last, “Agents of scientific uncertainty: Conflicts over evidence and expertise in gender-affirming care bans for minors” in Social Science & Medicine.

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Damaging Rationality: Exxon-Funded Legal Research and the Exxon Valdez Oil Spill

Sun, 25 Aug 2024 08:00:00 -0000

This is part #3 of a the (ir)Rational Alaskans, a Cited Podcast mini-series that re-examines the legacy of the Exxon Valdez oil spill.

In the last episode of the (ir)Rational Alaskans, Riki Ott, Linden O’Toole, and thousands of other Alaskan fishers won over $5 billion in punitive damages against Exxon for the Exxon Valdez oil spill. In our finale, while Ott and O’Toole wait for their cheques, Exxon fights back with a legal and academic appeal. In that appeal, they marshal some of the most-respected scholars of our generation.

The (ir)Rational Alaskans is a partnership with Canada’s National Observer. You can also read about this story in Jacobin. For a full list of credits, and for the rest of the episodes, visit the series page.

Programming Note: This marks the end of our returning season, the Rationality Wars. We will back with another season shortly, sometime this fall. If you want to catch that season, make sure to stay subscribed to our podcast feed (Apple, Spotify, RSS). You can also stay updated by following us on X (@citedpodcast), and you can contact us directly at info [at] citedmedia.ca if you have any questions or any feedback. Finally, if you are impatient and just itching for more content, check out some of our other episodes, like: the other episodes in this season, if you joined up late; the episodes from last season, especially America's Chernobyl; or some of the highlights from our other podcast, Darts and Letters.

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Wesley G. Phelps, "Before Lawrence v. Texas: The Making of a Queer Social Movement" (U Texas Press, 2023)

Sat, 24 Aug 2024 08:00:00 -0000

In 2003, in a ruling that bordered on poetic, Supreme Court Justice Anthony Kennedy wrote in Lawrence v. Texas that sexual behavior between consenting adults was protected under the constitutional right to privacy. This was a landmark case in the course of LGBTQ+ rights in the Untied States, laying the groundwork for cases like 2015's Obergefell v. Hodges. Yet, this case did not emerge out of nowhere.

In Before Lawrence v. Texas: The Making of a Queer Social Movement (U Texas Press, 2023), University of North Texas history professor Wesley Phelps argues that behind each successful court case stands a litany of failures, challenges, and individual human stories, each of which laid the groundwork for these landmark successes. By tracking the long history of queer activism in Texas during the 1960s, 70s, and 80s, Phelps shows how the long road toward greater LGBTQ+ civil rights was paved with hard work by hundreds of activists, lawyers, and allies. No movement exists in a vacuum, and Before Lawrence v. Texas provides a roadmap showing how historical change really occurs.

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Gary Mucciaroni, "Answers to the Labour Question: Industrial Relations and the State in the Anglophone World, 1880–1945" (U Toronto Press, 2024)

Sat, 24 Aug 2024 08:00:00 -0000

Since the mid-nineteenth century, public officials, reformers, journalists, and other elites have referred to “the labour question.” The labour question was rooted in the system of wage labour that spread throughout much of Europe and its colonies and produced contending classes as industrialization unfolded. Answers to the Labour Question explores how the liberal state responded to workers’ demands that employers recognize trade unions as their legitimate representatives in their struggle for compensation and control over the workplace.

In Answers to the Labour Question: Industrial Relations and the State in the Anglophone World, 1880–1945 (University of Toronto Press, 2024), Dr. Gary Mucciaroni examines five Anglophone nations – Australia, Canada, Great Britain, New Zealand, and the United States – whose differences are often overlooked in the literature on political economy, which lumps them together as liberal, “market-led” economies. Despite their many shared characteristics and common historical origins, these nations’ responses to the labour question diverged dramatically. Dr. Mucciaroni identifies the factors that explain why these nations developed such different industrial relations regimes and how the paths each nation took to the adoption of its regime reflected a different logic of institutional change. Drawing on newspaper accounts, parliamentary debates, and personal memoirs, among other sources, Answers to the Labour Question aims to understand the variety of state responses to industrial unrest and institutional change beyond the domain of industrial relations.

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Ren Pepitone, "Brotherhood of Barristers: A Cultural History of the British Legal Profession, 1840–1940" (Cambridge UP, 2024)

Thu, 22 Aug 2024 08:00:00 -0000

How did ideas of masculinity shape the British legal profession and the wider expectations of the white-collar professional? Brotherhood of Barristers: A Cultural History of the British Legal Profession, 1840–1940 (Cambridge University Press, 2024) by Dr. Ren Pepitone examines the cultural history of the Inns of Court – four legal societies whose rituals of symbolic brotherhood took place in their supposedly ancient halls. These societies invented traditions to create a sense of belonging among members – or, conversely, to marginalise those who did not fit the profession's ideals.

Dr. Pepitone examines the legal profession's efforts to maintain an exclusive, masculine culture in the face of sweeping social changes across the nineteenth and twentieth centuries. Utilising established sources such as institutional records alongside diaries, guidebooks, and newspapers, this book looks afresh at the gendered operations of Victorian professional life. Brotherhood of Barristers incorporates a diverse array of historical actors, from the bar's most high-flying to struggling law students, disbarred barristers, political radicals, and women's rights campaigners.

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Robert McCorquodale, "Business and Human Rights" (Oxford UP, 2024)

Thu, 22 Aug 2024 08:00:00 -0000

Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world.

Business and Human Rights (Oxford UP, 2024) shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regional, and national law. It also analyses the changes on state obligations to protect human rights, on the corporate responsibility for human rights abuses, and on effective access to remedies for those adversely affected by business activities. Each of these shifts has consequences on core tenets of international law, such as sovereignty and jurisdiction, and has implications for crafting new international law in areas such as climate change and technology.

Robert is a member of the United Nations Working Group on Business and Human Rights, and brings his decades of experience in scholarship and legal practice in business and human rights law, as well as his extensive engagement with businesses, governments, civil society, and international organisations, to bear on his understanding and analysis of this increasingly important field.

Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. His University of Leeds profile page can be found here. Twitter: @batesmith. LinkedIn

His recent publications include:

“Cambodia and the progressivist ‘imaginary’: The limitations of international(ised) criminal tribunals as mechanisms for implementing human rights” in Louisa Ashley and Nicolette Butler (eds), The Incoherence of Human Rights in International Law: Absence, Emergence and Limitations (Routledge, 2024 ISBN13: 978-1-032638-03-4)
“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024 ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)
“International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387)

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Gregory Makoff, "Default: The Landmark Court Battle over Argentina's $100 Billion Debt Restructuring" (Georgetown UP, 2024)

Tue, 20 Aug 2024 08:00:00 -0000

The dramatic inside story of the most important case in the history of sovereign debt law Unlike individuals or corporations that become insolvent, nations do not have access to bankruptcy protection from their creditors. When a country defaults on its debt, the international financial system is ill equipped to manage the crisis. Decisions by key individuals—from national leaders to those at the International Monetary Fund, from holdout creditors to judges—determine the fate of an entire national economy. A prime example is Argentina’s 2001 default on $100 billion in bonds, which stands out for its messy outcomes and outsized impact on sovereign debt markets, sovereign debt law, and IMF policy.

Default: The Landmark Court Battle over Argentina's $100 Billion Debt Restructuring (Georgetown UP, 2024) is the riveting story of Argentina’s sovereign debt drama, which reveals the obscure inner workings of sovereign debt restructuring. This detailed case study describes the intense fight over the role of the IMF in Argentina’s 2005 debt restructuring and the ensuing bitter decade of litigation with holdout creditors, demonstrating that outcomes for sovereign debt are determined by a complex interplay between financial markets, governments, the IMF, the press, and the courts. This cautionary tale lays bare the institutional, political, and legal pressures that come into play when a country cannot repay its debts. It offers a deeper understanding of how global financial capitalism functions for those who work in or study debt markets, international finance, international relations, and international law.

Gregory Makoff, PhD, is a senior fellow at the Harvard Kennedy School and a senior fellow at the Centre for International Governance Innovation and an expert on sovereign debt management. A former banker specializing in debt advice, liability management, and derivatives, he has also advised the US Department of the Treasury.

Caleb Zakarin is editor at the New Books Network.

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Maria Dimova-Cookson, "Rethinking Positive and Negative Liberty" (Routledge, 2019)

Mon, 19 Aug 2024 08:00:00 -0000

Maria Dimova-Cookson's new book Rethinking Positive and Negative Liberty (Routledge, 2019) offers an analysis of the distinction between positive and negative freedom building on the work of Constant, Green and Berlin. The author proposes a new reading of this distinction for the twenty-first century. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts – the yin and yang of freedom. Positive freedom is achieved when one succeeds in doing what is right, while negative freedom is achieved when one is able to advance one’s wellbeing. In an environment of culture wars, resurging populism and challenge to progressive liberal values, theorizing freedom in negative and positive terms can help us better understand the political dilemmas we face and point the way forward.

Maria Dimova-Cookson is Associate Professor in Politics at the School of Government and International Affairs, Durham University, UK.

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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Raj Jayadev, "Protect Your People: How Ordinary Families Are Using Participatory Defense to Challenge Mass Incarceration" (New Press, 2023)

Sun, 18 Aug 2024 08:00:00 -0000

Over two million Americans are currently in prison or jail. Another 4.5 million are on probation or parole. And nearly one in two Americans have a family member who is or has been incarcerated. Writing for those new to activism as well as seasoned organizers, celebrated criminal justice activist Raj Jayadev introduces readers to the groundbreaking idea of participatory defense, a community organizing model for families and communities aimed at bettering the outcome of cases involving their loved ones and transforming the landscape of power in the courts. Participatory defense has led to acquittals, dismissed and reduced charges, prison terms changed to rehabilitation programs, and life sentences taken off the table.

Drawing on years of organizing to offer a radical vision of community intervention, Protect Your People: How Ordinary Families Are Using Participatory Defense to Challenge Mass Incarceration (New Press, 2023) features stories from across the country, highlighting the most effective strategies of this groundbreaking approach, including how to get loved ones released from bail hearings, arraignments, and post-conviction; how to take on deportation cases; how to prevent youth from being transferred to adult court, and more. A radical new argument for the era of mass incarceration, Protect Your People shows that real change is possible when people step into America's courtrooms and get involved.

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Justine Bendel, "Litigating the Environment: Process and Procedure Before International Courts and Tribunals" (Edward Elgar, 2023)

Sun, 18 Aug 2024 08:00:00 -0000

In Litigating the Environment: Process and Procedure Before International Courts and Tribunals (Edward Elgar, 2023), Dr Justine Bendel scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, she lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society.

Putting into perspective the practices of various international courts and tribunals, Dr Bendel works within the constraints of the existing judicial framework to sharpen international environmental justice and governance. She provides judges and litigators with tools that they can use when confronted with environmental disputes, to extract the best practices in the interest of improving environmental litigation for each phase of a judicial procedure.

In this podcast, Dr Bendel discusses the complexity of multiple legal, regulatory and guidance frameworks insofar as international environmental law is concerned. She explains how it is highly likely that the subject matter of an environmental dispute will cover common areas or resources that affect global or multilateral interests, which inevitably adds a political dimension to any dispute resolution when it comes to areas that transcend national jurisdictions. Dr Bendel explores how typically bilateral proceedings under international law might be expanded to accommodate the interests of other states – and non-state actors such as international non-governmental organisations – through creatively and flexibly adapting procedures that already exist before international courts and tribunals, including dispute resolution and non-compliance procedures. Now is the time, she says, for international courts and tribunals to be used to resolve environmental disputes and to make authoritative legal determinations on protecting the planet and its precious resources.

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. He has a particular interest in, and practitioner experience of, international criminal law and transitional justice. Twitter: @batesmith

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Shaun S. Yates, "Over-Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix it" (Policy Press, 2024)

Sat, 17 Aug 2024 08:00:00 -0000

In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, Over-Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix it (Policy Press, 2024) by Dr. Shaun Yates demonstrates how an English Magistrates' courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values.

Given that these courts process more than 95% of all criminal cases, this ‘over-efficiency’ problem has the capacity to cause significant social harm. Dr. Yates’ work concludes by providing socio-legal and criminological readers with ways to fix this over-efficiency problem. This accessible work is of value to policy makers and post-graduate students alike.

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12 Angry Alaskans: Re-Examining the Exxon Valdez Oil Spill Case

Fri, 16 Aug 2024 08:00:00 -0000

This is part #2 of a the (ir)Rational Alaskans, a Cited Podcast series that re-examines the legacy of the Exxon Valdez oil spill.

Last episode, the spill devastates Cordova, Alaska. In this second part, 12 Angry Alaskans, a jury of ordinary Alaskans picks up our story. They muddle through the most devastating, and most complicated, environmental disaster in US history. How would they decide the case?

Subscribe today to ensure you do not miss our finale, Damaging Rationality, which examines the forgotten academic story behind Exxon’s legal appeals. You can also listen to a trailer today. The (ir)Rational Alaskans is a partnership with Canada’s National Observer. For a full list of credits, and for the rest of the episodes, visit the series page.

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Peter Charles Hoffer, "The Supreme Court Footnote: A Surprising History" (NYU Press, 2024)

Mon, 12 Aug 2024 08:00:00 -0000

When the draft majority decision in Dobbs v. Jackson Women's Health was leaked, the media, public officials, and scholars focused on the overturning of Roe v. Wade. They noted Justice Alito’s strident tone and radical use of originalism to eliminate constitutional protection for reproductive rights. My guest today has written a book that asks us to also notice over 140 footnotes in the majority opinion and dissent. Are these notes part of the law? In his new book, The Supreme Court Footnote: A Surprising History (NYU Press, 2024), Dr. Peter Charles Hoffer insists that these notes are significant. The footnotes reveal the justices' beliefs about the Constitution's essence, highlight their controversial reasoning, and expose “vastly different interpretations of the role of Supreme Court Justice.”

Using a comprehensive qualitative analysis, The Supreme Court Footnote, offers a history of the evolution of footnotes in US Supreme Court opinions and a thoughtful set of case studies to reveal the particular ways that the footnote has affected Supreme Court decisions. Hoffer argues that justices alter the course of history through their decisions and the footnote is the way in which they push their own understanding of the Constitution.

Eight case studies show how the footnote has evolved over time. He begins with Chisholm v. Georgia in 1792 and ends with Dobbs v. Jackson case in 2022. Using Dred Scott, Viterbo v. Friedlander, Muller v. Oregon, United States v. Carolene Products, Brown v. Board of Education of Topeka, and District of Columbia v. Heller, Hoffer demonstrates how the footnotes reflect the changing role of the Supreme Court justice and the manner in which they interpret the Constitution. Dr. Hoffer looks back in order to look forward. He offers a study of the footnote that is relevant to contemporary debates over the Supreme Court, methods of interpretation, and politics.

Dr. Peter Charles Hoffer is Distinguished Research Professor of History at the University of Georgia. Hoffer went to University of Rochester and Harvard and has taught at Ohio State, Notre Dame, and UGA (since 1978). He has written books on the Supreme Court, the Federal Court System, infanticide, impeachment, abortion, early American history, slave rebellions, and historical methods.

During the podcast, we mentioned:

Anthony Grafton’s The Footnote: A Curious History (Harvard, 1999)
My NBN conversation with Laura F. Edward’s on her book (The People and their Peace), originalism and domestic violence
The University of Kansas’s Landmark Law Series
Peter’s book Reading Law Forward: The Making of a Democratic Jurisprudence from John Marshall to Stephen G. Breyer (University of Kansas, 2023)
The June 2024 recording of Justices Roberts and Alito on godliness
Susan’s “Sensitive Places?: How Gender Unmasks the Myth of Originalism in District of Columbia v. Heller” (Polity, 2021)

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Daniel Kahneman’s Forgotten Legacy: Investigating Exxon-Funded Psychological Research

Fri, 09 Aug 2024 08:00:00 -0000

After the unprecedented Exxon Valdez oil spill, a jury of ordinary Alaskans decided that Exxon had to be punished. However, Exxon fought back against their punishment. They did so, in-part, by supporting research that suggested jurors are irrational. This work came from an esteemed group of psychologists, behavioural economists, and legal theorists–including Daniel Kahneman, and Cass Sunstein.

In this three-part series in partnership with Canada’s National Observer, Cited Podcast investigates the forgotten legacy of the Exxon Valdez oil spill and the research that followed. This first part, an Alaskan Nightmare, covers the spill and its immediate effects. Subsequent episodes will run weekly. Subscribe today to ensure you do not miss part #2, 12 Angry Alaskans, and part #3, Damaging Rationality.

This is episode five of Cited Podcast’s returning season, the Rationality Wars. This season tells stories of political and scholarly battles to define rationality and irrationality. For a full list of credits, and for the rest of the episodes, visit the series page.

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Samuel Ely Bagg, "The Dispersion of Power: A Critical Realist Theory of Democracy" (Oxford UP, 2023)

Wed, 07 Aug 2024 08:00:00 -0000

This year, many countries around the world, including most of the world's most populous democracies, have consequential nation-wide elections. In many of these elections, democracy itself is at stake. The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford UP, 2023) is an urgent call to rethink centuries of conventional wisdom about what democracy is, why it matters, and how to make it better. Drawing from history, social science, psychology, and critical theory, Samuel Ely Bagg explains why we should shift our orientation away from maximizing collective self-rule and why prevailing strategies of democratic reform often make things worse. Bagg argues we should see democracy as a way of protecting public power from capture - a vision that is at once more realistic and, he argues, more inspiring. The book presents an ambitious and comprehensive engagement with democracy's foundations, principles, and practices. Make no mistake, this work of political theory is profoundly worldly: it bears reading for those interested in politics across time, space, and scale - from the reconstruction US to contemporary Hungary, Turkey and Venezuela.

Samuel Bagg is Assistant Professor in the Department of Political Science at the University of South Carolina, where he teaches courses in political theory. Before coming to UofSC, he taught at the University of Oxford, McGill University, and Duke University, where he received his PhD in 2017.

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Thomas A. Kerns and Kathleen Dean Moore, "Bearing Witness: The Human Rights Case Against Fracking and Climate Change" (Oregon State UP, 2021)

Tue, 06 Aug 2024 08:00:00 -0000

Bringing together philosophy, jurisprudence, and a deep concern for the environment, Bearing Witness: The Human Rights Case Against Fracking and Climate Change offers an inspiring and generative way of thinking about the impacts of anthropogenic climate change. In particular, Thomas Kearns and Kathleen Dean Moore provide readers with insight into the Permanent Peoples' Tribunal as well as the wide-ranging and deeply-felt impacts of fracking, interspersing legal analysis, excerpts of Tribunal testimony, and reflections by climate writers like Winona LaDuke, Robin Wall Kimmerer, and Sandra Steingraber. The book's structure even creatively mirrors that of the Tribunal, offering a collage of insight to any reader interested in human rights and environmental issues—it is a work of deep dedication to thinking critically and deeply about how to face not only the environmental degradation caused by fracking, but also other kinds of harms caused by resource extraction and corporate interests. Rather than slip into climate nihilism, Bearing Witness seeks to name, investigate, and claim rights around environmental harms felt by humans and non-humans alike.

In the face of the increasing, globally-felt impacts of climate change, Kearns and Dean Moore provide us with a human-rights centered framework for engaging with and addressing some of the most pressing questions of our time.

Thomas A. Kearns is an Emeritus Professor of Philosophy at North Seattle College, and is Director of Environment and Human Rights Advisory. In 2015, he helped draft the international Declaration on Human Rights and Climate Change, and in 2018, co-organized the International Tribunal on Human Rights, Fracking and Climate Change, which forms much of the basis for this book. His work is currently centred around facilitating youth climate courts.

Kathleen Dean Moore is a Distinguished Philosophy Professor Emerita at Oregon State University, and longstanding public advocate for climate justice and ecological thriving. Her concern for climate catastrophe led her to leave her academic position to speak and write on environmental crises. Her numerous books and essays—many award-winning—focus on environmental ethics and climate crises, and she has published widely in academic and non-academic fora alike.

Rine Vieth is an incoming FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion.

Further reading and works discussed in this episode:

The Permanent Peoples’ Tribunal on Human Rights, Fracking, and Climate Change
Film by the Spring Creek Project at Oregon State University, Bedrock Rights: A New Foundation for Global Action Against Fracking and Climate Change
Kathleen Dean Moore and Bob Haverluck, Take Heart (OSU Press)
Youth Climate Courts website

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Rachel M. Scott, "Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making" (Cornell UP, 2021)

Sat, 03 Aug 2024 08:00:00 -0000

By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making (Cornell University Press, 2021) highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law.

Dr. Rachel M. Scott analyses the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She argues that the sharia is not dismantled by the modern state when it is applied as modern Islamic state law, but rather recast in its service. In showing the particular forms that the sharia takes when it is applied as modern Islamic state law, Scott pushes back against assumptions that introductions of the sharia into modern state law result in either the revival of mediaeval Islam or in its complete transformation. Scott engages with premodern law and with the Ottoman legal legacy on topics concerning Egypt's Coptic community, women's rights, personal status law, and the relationship between religious scholars and the Supreme Constitutional Court. Recasting Islamic Law considers modern Islamic state law's discontinuities and its continuities with premodern sharia.

Thanks to generous funding from Virginia Tech and its participation in TOME (Toward an Open Monograph Ecosystem), the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

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Jessica S. Henry, "Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened" (U California Press, 2021)

Wed, 31 Jul 2024 08:00:00 -0000

Jessica Henry's Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened (U California Press, 2021) explores a shocking but all-too-common kind of wrongful conviction: wrongful convictions for crimes that never actually happened. Henry's meticulously-researched book sheds light on how the US criminal justice system makes it possible to convict people of nonexistent crimes. By tracing this issue from first interactions with the police, to encounters with legal professionals, to judges' verdicts, and beyond, Henry's analysis explains in heartbreaking detail the impacts of convictions without a crime on those convicted and their families—as well as what this means for US criminal law. Drawing from Henry's own experience working for many years as a public defender, Smoke But No Fire will be of great interest to legal professionals, students, organizers, and anyone interested in criminal law.

Jessica Henry is a Professor in the Department of Justice Studies at Montclair State University. Previously, she worked as a public defender in New York City for nearly ten years. Her research focuses on the US criminal justice system, particularly wrongful convictions, severe sentences, and hate crimes.

David A. Messenger, "Hunting Nazis in Franco's Spain" (LSU Press, 2014)

Tue, 30 Jul 2024 08:00:00 -0000

In the waning days and immediate aftermath of World War II, Nazi diplomats and spies based in Spain decided to stay rather than return to a defeated Germany. The decidedly pro-German dictatorship of General Francisco Franco gave them refuge and welcomed other officials and agents from the Third Reich who had escaped and made their way to Iberia. Amid fears of a revival of the Third Reich, Allied intelligence and diplomatic officers developed a repatriation program across Europe to return these individuals to Germany, where occupation authorities could further investigate them. Yet due to Spain's longstanding ideological alliance with Hitler, German infiltration of the Spanish economy and society was extensive, and the Allies could count on minimal Spanish cooperation in this effort.

In Hunting Nazis in Franco's Spain (LSU Press, 2014), David Messenger deftly traces the development and execution of the Allied repatriation scheme, providing an analysis of Allied, Spanish, and German expatriate responses. Messenger shows that by April 1946, British and American embassy staff in Madrid had compiled a census of the roughly 10,000 Germans then residing in Spain and had drawn up three lists of 1,677 men and women targeted for repatriation to occupied Germany. While the Spanish government did round up and turn over some Germans to the Allies, many of them were intentionally overlooked in the process. By mid-1947, Franco's regime had forced only 265 people to leave Spain; most Germans managed to evade repatriation by moving from Spain to Argentina or by solidifying their ties to the Franco regime and Span-ish life. By 1948, the program was effectively over.

Drawing on records in American, British, and Spanish archives, this first book-length study in English of the repatriation program tells the story of this dramatic chapter in the history of post--World War II Europe.

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David Pozen, "The Constitution of the War on Drugs" (Oxford UP, 2024)

Mon, 29 Jul 2024 08:00:00 -0000

The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year—all without advancing public health. Yet, in hundreds upon hundreds of cases, courts have allowed the war to proceed virtually unchecked. How could a set of policies so draconian, destructive, and discriminatory escape constitutional curtailment?

In The Constitution of the War on Drugs (Oxford UP, 2024), David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Throughout the 1960s and 1970s, advocates argued that criminal drug bans violate the Constitution's guarantees of due process, equal protection, federalism, free speech, free exercise of religion, and humane punishment. Many scholars and jurists agreed. Pozen demonstrates the plausibility of a constitutional path not taken, one that would have led to a more compassionate approach to drug control.

Rather than restrain the drug war, the Constitution helped to legitimate and entrench it. Pozen shows how a profoundly illiberal and paternalistic policy regime was assimilated into, and came to shape, an ostensibly liberal and pluralistic constitutional order. Placing the U.S. jurisprudence in comparative context, The Constitution of the War on Drugs offers a comprehensive review of drug-rights decisions along with a roadmap to constitutional reform options available today.

This book is available open access here.

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Maarit Jänterä-Jareborg and Hélène Tigroudja, "Women’s Human Rights and the Elimination of Discrimination" (Brill/Nijhoff, 2016)

Sun, 28 Jul 2024 08:00:00 -0000

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In Women’s Human Rights and the Elimination of Discrimination (Brill/Nijhoff, 2016), 17 scholars approach women’s human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as “surrogate mothers”, violence against women and cross-border enforcement of protection orders.

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Jean-Denis Mouton and Péter Kovács. "The Concept of Citizenship in International Law" (Brill/Nijhoff, 2018)

Fri, 26 Jul 2024 08:00:00 -0000

Several trends justify why it is worth analysing the concept of citizenship in international law. On the one hand, human mobility enhanced in the last decades of the twentieth century contributed largely to the multiplication of multiple citizenship. The phenomenon of migration, often linked to crises, fosters statelessness and presents new challenges to international law. The internationalization of human rights can accordingly have an impact on the law of nationality. Moreover, within the framework of regional organizations, new forms of citizenship are emerging. This phenomenon, going hand in hand with the traditional, historybased citizenship is also contributing to the challenges that the concept of citizenship faces in international law.

Attempting to get answers to these questions, The Concept of Citizenship in International Law (Brill/Nijhoff, 2018) tackles first common theoretical aspects at a universal level to be followed later by the analysis of the regional aspects. It tries to deepen the ongoing discussion in the scientific community and among the greater public on nationality and citizenship issues.

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Alexander Sasha Kondakov, "Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia" (UCL Press, 2022)

Wed, 24 Jul 2024 08:00:00 -0000

Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia (UCL Press, 2022) by Alexander Sasha Kondakov uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original methodology of studying ‘legal memes’ and argues that these individual affective states are directly connected to the political violence aimed at queer lives more generally.

The main aim of Violent Affections is to explore the social mechanisms and techniques that impact anti-queer violence evidenced in the reviewed cases. Kondakov expands upon two sets of interdisciplinary literature – queer theory and affect theory – in order to conceptualise what is referred to as neo-disciplinary power. Taking the empirical observations from Russia as a starting point, he develops an original explanation of how contemporary power relations are changing from those of late modernity as envisioned by Foucault’s Panopticon to neo-disciplinary power relations of a much more fragmented, fluid and unstructured kind – the Memeticon. The book traces how exactly affections circulate from body to body as a kind of virus and eventually invade the body that responds with violence. In this analytic effort, it draws on the arguments from memetics – the theory of how pieces of information pass on from one body to another as they thrive to survive by continuing to resonate. This work makes the argument truly interdisciplinary.

This book is available open access here.

Alexander Sasha Kondakov is an assistant professor at the School of Sociology, University College Dublin, Ireland.

Tatiana Klepikova is a postdoctoral researcher at the University of Regensburg, where she leads a research group on queer literatures and cultures under socialism.

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Francine Banner, "Beyond Complicity: Why We Blame Each Other Instead of Systems" (U California Press, 2024)

Sun, 21 Jul 2024 08:00:00 -0000

Beyond Complicity: Why We Blame Each Other Instead of Systems (University of California Press, 2024) by Dr. Francine Banner is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?

Dr. Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.

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Matt Stoller, "Goliath: The 100-Year War Between Monopoly Power and Democracy" (Simon & Schuster, 2020)

Sat, 20 Jul 2024 08:00:00 -0000

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).

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Freeman's Challenge: The Murder That Shook America's Original Prison for Profit

Thu, 18 Jul 2024 08:00:00 -0000

Today’s book is: Freeman’s Challenge: The Murder That Shook America’s Original Prison for Profit (U Chicago Press, 2024), by Dr. Robin Bernstein, which tells the story of a teenager named William Freeman. Convicted of a horse theft he insisted he did not commit, he was sentenced to five years of hard labor in Auburn’s new prison. Uniting incarceration and capitalism, the facility included industrial factories where prisoners worked as “slaves of the state.” They earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system. Incensed at being forced to work without pay, William Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom. Through one Black man, his family, and his city, Dr. Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.

Our guest is: Dr. Robin Bernstein, who is an award-winning cultural historian specializing in race and racism from the nineteenth century to the present. She teaches at Harvard University, where she is the Dillon Professor of American History and Professor of African and African American Studies and Studies of Women, Gender, and Sexuality.

Our host is: Dr. Christina Gessler, the producer of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell (and why) and what happens to those we never tell.

Playlist for listeners who wish to learn more:

Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 200+ Academic Life episodes? You’ll find them all archived here.

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Michael Willrich, "American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century" (Basic Books, 2023)

Tue, 16 Jul 2024 08:00:00 -0000

In the early twentieth century, anarchists like Emma Goldman and Alexander Berkman championed a radical vision of a world without states, laws, or private property. Militant and sometimes violent, anarchists were heroes to many working-class immigrants. But to many others, anarchism was a terrifyingly foreign ideology. Determined to crush it, government officials launched a decades-long “war on anarchy,” a brutal program of spying, censorship, and deportation that set the foundations of the modern surveillance state. The lawyers who came to the anarchists’ defense advanced groundbreaking arguments for free speech and due process, inspiring the emergence of the civil liberties movement.

Michael Willrich's book American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century (Basic Books, 2023) tells the gripping tale of the anarchists, their allies, and their enemies, showing how their battles over freedom and power still shape our public life.

Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

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Stefanie Coché, "Psychiatric Institutions and Society: The Practice of Psychiatric Committal in the "Third Reich," the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963" (Routledge, 2024)

Tue, 16 Jul 2024 08:00:00 -0000

Stefanie Coché's Psychiatric Institutions and Society: the Practice of Psychiatric Commital in the “Third Reich,” the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963 (London: Routledge, 2024; translated by Alex Skinner) probes how the serious and sometimes fatal decision was made to admit individuals to asylums during Germany’s age of extremes. The book shows that - even during the Nazi killing of the sick - relatives played an even more important role in most admissions than doctors and the authorities.

In light of admission practices, this study traces how ideas about illness, safety, and normality changed when the Nazi regime collapsed in 1945 and illuminates how closely power configurations in the psychiatric sector were linked to political and social circumstances in the early years of both German successor states.

Paul Lerner is Professor of History at the University of Southern California where he directs the Max Kade Institute for Austrian-German-Swiss Studies. He can be reached at plerner@usc.edu and @PFLerner.

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Carl Öhman, "The Afterlife of Data: What Happens to Your Information When You Die and Why You Should Care" (U Chicago Press, 2024)

Sun, 14 Jul 2024 08:00:00 -0000

A short, thought-provoking book about what happens to our online identities after we die.

These days, so much of our lives takes place online—but what about our afterlives? Thanks to the digital trails that we leave behind, our identities can now be reconstructed after our death. In fact, AI technology is already enabling us to “interact” with the departed. Sooner than we think, the dead will outnumber the living on Facebook. In this thought-provoking book, Carl Öhman explores the increasingly urgent question of what we should do with all this data and whether our digital afterlives are really our own—and if not, who should have the right to decide what happens to our data.

The stakes could hardly be higher. In the next thirty years alone, about two billion people will die. Those of us who remain will inherit the digital remains of an entire generation of humanity—the first digital citizens. Whoever ends up controlling these archives will also effectively control future access to our collective digital past, and this power will have vast political consequences. The fate of our digital remains should be of concern to everyone—past, present, and future. Rising to these challenges, Öhman explains, will require a collective reshaping of our economic and technical systems to reflect more than just the monetary value of digital remains.

As we stand before a period of deep civilizational change, The Afterlife of Data: What Happens to Your Information When You Die and Why You Should Care (U Chicago Press, 2024) will be an essential guide to understanding why and how we as a human race must gain control of our collective digital past—before it is too late.

Jake Chanenson is a computer science Ph.D. student and law 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.

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Mónica A. Jiménez, "Making Never-Never Land: Race and Law in the Creation of Puerto Rico" (UNC Press, 2024)

Sun, 14 Jul 2024 08:00:00 -0000

Myths about the powers held by the United States are often supported by the jurisdiction of the Supreme Court, which derives its logic from the interpretation of a document that the US itself developed. Therefore, when pressure is placed on a specific legal precedent, the shallowness of its validity is revealed. Dr. Mónica A. Jiménez accomplishes this kind of scholarly work in her recently published book Making Never-Never Land: Race and Law in the Creation of Puerto Rico (University of North Carolina Press, 2024). By tracing the legal logic of what continues to animate the colonial dynamics between the United States and Puerto Rico, Jiménez offers a “genealogy of racial exclusion in law” (36) that both folds time and space to make clear how late-19th century Supreme Court logics and opinions continue to subjugate the land and people of Puerto Rico to colonial violence.

Split into two sections, the first half of the book details the key case Downes v. Bidwell (1901), while the second half explores how the legal ramifications of Downes continued to haunt the archipelago. The first chapter focuses on the development of Downes and its outcome, which argued that territories of the United States were not allowed to access certain provisions of the U.S. Constitution. The ambiguous legal foundation for this decision was established in 1900 after Puerto Rico was acquired by the United States when the US Supreme Court established the territorial incorporation doctrine, effectively creating the legal category of “unincorporated territory." Chapter two probes the white supremacist U.S. legal landscape to offer a “genealogy of racial exclusion in law” (36) that shows the reader how U.S. settler colonialism and empire-making are dependent on the reuse and recycling of legal precedents and tactics that disenfranchised and dispossessed racially marginalized communities. By excavating the legal opinions handed down during the Marshal Trilolgy and Dred Scott v. Sandford – a collection of Supreme Court cases that defined 19th-century legal policy for Native Americans and African Americans, respectively – Jiménez makes clear that “It is not a coincidence that the most shameful cases in the United States’ legal history of race should serve as direct precedents to a decision that continues to serve as the basis for Puerto Rico’s exclusion more than one hundred years after it was handed down” (9).

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Kevin Leo Nadal, "Queering Law and Order: LGBTQ Communities and the Criminal Justice System" (Lexington Book, 2020)

Sun, 14 Jul 2024 08:00:00 -0000

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.

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Jonathan Connolly, "Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation" (U Chicago Press, 2024)

Sat, 13 Jul 2024 08:00:00 -0000

In Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation (University of Chicago Press, 2024), Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of “freedom” in a post-abolition world.

Jonathan Connolly is Assistant Professor of History at the University of Illinois Chicago. Connolly is a historian of the British empire with transnational interests in migration, the history of emancipation, and legal history. His research primarily concerns abolition and emancipation, imperial political and legal culture, and the category of free labor in the Caribbean and the Indian Ocean.

Your host for this episode is Mahishan Gnanaseharan, a PhD student in the Department of History at Stanford University. Mahishan studies the social, political, and intellectual histories of South Asian migrants across the Indian Ocean during the 19th and 20th centuries.

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Maya Pagni Barak, "The Slow Violence of Immigration Court: Procedural Justice on Trial" (NYU Press, 2023)

Thu, 11 Jul 2024 08:00:00 -0000

Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court: Procedural Justice on Trial (NYU Press, 2023) by Dr. Maya Pagni Barak sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.

Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Dr. Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.

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Aram Sinnreich and Jesse Gilbert, "The Secret Life of Data: Navigating Hype and Uncertainty in the Age of Algorithmic Surveillance" (MIT Press, 2024)

Wed, 10 Jul 2024 08:00:00 -0000

What is data, and why does it matter for us to care about the data traces we leave behind? What are the implications for our lives of how this data is used by other people in other times and places? In a conversation with Joanne Kuai, authors Aram Sinnreich and Jesse Gilbert introduce their new book and talk about how we can rethink our relationship with data and stay informed to make better decisions in the face of technological uncertainty.

In their latest book, The Secret Life of Data: Navigating Hype and Uncertainty in The Age of Algorithmic Surveillance (MIT Press, 2024), Aram Sinnreich and Jesse Gilbert explore the many unpredictable and often surprising ways in which data surveillance, AI, and the constant presence of algorithms impact our culture and society in the age of global networks.

The book focuses primarily on the long-term consequences of humanity's recent rush toward digitizing, storing, and analyzing every piece of data about ourselves and the world we live in. The authors advocate for “slow fixes” regarding our relationship to data, such as creating new laws and regulations, ethics and aesthetics, and models of production for our datafied society.

Aram Sinnreich is an author, professor, and musician. He is Chair of Communication Studies at American University. His books include Mashed Up, The Piracy Crusade, The Essential Guide to Intellectual Property, and A Second Chance for Yesterday (published as R. A. Sinn).

Jesse Gilbert is an interdisciplinary artist exploring the intersection of visual art, sound, and software design at his firm Dark Matter Media. He was the founding Chair of the Media Technology department at Woodbury University, and he has taught interactive software design at both CalArts and UC San Diego.

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Premal Dharia et al., "Dismantling Mass Incarceration: A Handbook for Change" (FSG Originals, 2024)

Tue, 09 Jul 2024 08:00:00 -0000

In recent years, a searching national conversation has called attention to the social and racial injustices that define America’s criminal system. The incarceration of vast numbers of people, and the punitive treatment of African Americans in particular, are targets of widespread criticism. But despite the election of progressive prosecutors in several cities and the passage of reform legislation at the local, state, and federal levels, the system remains very much intact. How can the damage and depredations of the carceral state be undone?

In this pathbreaking reader, three of the nation’s leading advocates —Premal Dharia, James Forman Jr., and Maria Hawilo—provide us with tools to move from despair and critique to hope and action. Dismantling Mass Incarceration: A Handbook for Change (FSG Originals, 2024) surveys new approaches to confronting the carceral state in all its guises, exploring ways that police, prosecutors, public defenders, judges, prisons, and even life after prison can be radically reconceived. The book captures debates about the comparative merits of reforming or abolishing prisons and police forces, and introduces a host of bold but practical interventions. The contributors range from noted figures such as Angela Davis, Clint Smith, and Larry Krasner to local organizers, judges, and people currently or formerly incarcerated. The result is an invaluable guide for students, activists, and anyone who wishes to understand mass incarceration—and hasten its end.

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Russell Sandberg and Daniel Newman, "Law and Humanities" (Anthem Press, 2024)

Sun, 07 Jul 2024 08:00:00 -0000

In Law and Humanities (Anthem Press, 2024), Professor Russell Sandberg and Dr Daniel Newman provide an accessible introduction to the law and humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field, tackling a wide ranging series of topics as law and geography, law and history, law and literature, law and theatre. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the other respective field operate. This edited work fulfils a real and pressing need to provide an accessible, introductory but critical guide to law and humanities as a whole by exploring how each disciplinary ‘law and’ field has developed, contributes to further scrutinizing the content and role of law, and how it can contribute and be enriched by being understood within the law and humanities tradition as a whole.

In the podcast, Professor Sandberg and Dr Newman explain their aims in editing this collection, and how in particular studying law and the respective humanities can enhance a legal studies curriculum beyond the confines of an exclusively doctrinal education. The editors also explore in detail the chapters they authored – Law and History, Law and Philosophy and Law and Religion, before offering some reflections on and hopes for the future of the broader Law and Humanities discipline.

His recent publications include:

“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024, ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)
“International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387)

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The (ir)Rational Rainbow (the DSM & the Fight to Depathologize Homosexuality)

Sat, 06 Jul 2024 08:00:00 -0000

The psychological establishment has long pathologized diverse forms of sexual identity and gender expression. In the mid-century, a brave movement of gays and lesbians fought back and claimed: no, actually, we’re healthy. But in the process, did they define other identities unhealthy?

This is episode two of Cited Podcast's returning season, the Rationality Wars. It tells stories about the political and intellectual battles to define rationality and irrational. For the rest of the series, visit citedpodcast.com. You will be able find this on all the relevant podcatchers (Apple, Spotify, etc.). If you use something else or you cannot find our feed, you can manually add our RSS feed.

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Ailbhe O'Loughlin, "Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation" (Oxford UP, 2024)

Wed, 03 Jul 2024 08:00:00 -0000

In Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation (Oxford UP, 2024), Dr Ailbhe O'Loughlin considers the controversial and under-researched concern of what to do with dangerous people with severe personality disorders. She brings together scientific evidence, law and policy, to consider risk prevention, public security and human rights. This is a controversial area of law and policy, informed by ongoing debates about 'dangerous' offenders which exists at the intersection of liberal legal principles and advocates of social defence.

In today's conversation, we spoke about preventative detention, the effectiveness of therapeutic intervention and risk management, gaps in human rights protections, and the assumptions that the legal principles and processes that govern this population are founded on. O'Loughlin draws out key issues for reform and calls for further evidence-based inquiry with regards to criminal defences, sentencing and dispositions. This will be an important book for policy makers, legal academics, psychiatrists and anyone who works with this category of offenders.

Dr Ailbhe O'Loughlin is a Senior Lecturer at York Law School, at The University of York. Her research focuses on the intersection between mental health and criminal justice.

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Felicia Arriaga, "Behind Crimmigration: ICE, Law Enforcement, and Resistance in America" (UNC Press, 2023)

Sun, 30 Jun 2024 08:00:00 -0000

In recent years, dozens of counties in North Carolina have partnered with federal law enforcement in the criminalization of immigration--what many have dubbed "crimmigration." Southern border enforcement still monopolizes the national immigration debate, but immigration enforcement has become common within the United States as well. While Immigration and Customs Enforcement (ICE) operations are a major part of American immigration enforcement, Felicia Arriaga maintains that ICE relies on an already well-established system--the use of local law enforcement and local governments to identify, incarcerate, and deport undocumented immigrants.

In Behind Crimmigration: ICE, Law Enforcement, and Resistance in America (UNC Press, 2023), Arriaga contends that the long-term partnership between local sheriffs and immigration law enforcement in places like North Carolina has created a form of racialized social control of the Latinx community. Arriaga uses data from five county sheriff's offices and their governing bodies to trace the creation and subsequent normalization of ICE and local law enforcement partnerships. Arriaga argues that the methods used by these partnerships to control immigration are employed throughout the United States, but they have been particularly visible in North Carolina, where the Latinx population increased by 111 percent between 2000 and 2010. Arriaga's evidence also reveals how Latinx communities are resisting and adapting to these systems.

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Jeremy Schipper, "Denmark Vesey's Bible: The Thwarted Revolt That Put Slavery and Scripture on Trial" (Princeton UP, 2022)

Thu, 27 Jun 2024 08:00:00 -0000

In Denmark Vesey's Bible: The Thwarted Revolt that Put Slavery and Scripture on Trial (Princeton UP, 2022), Dr. Jeremy Schipper tells the story of a free Black man accused of plotting an anti-slavery insurrection in Charleston, South Carolina, in 1822. Vesey was found guilty and hanged along with dozens of others accused of collaborating with him.

At the center of the book is an examination of how former slave Denmark Vesey used interpretations of the Bible to justify the revolt while members of the white establishment in South Carolina use that same Bible to support the slaveholders view of themselves as benevolent biblical patriarchs.

The book is a riveting account of a key moment in antebellum American history that underscores deep racial inequities and the assumed supremacy of white Christians during a time of violence, fear, and conflicting understandings of moral superiority and biblical truth.

Reeju Ray, "Placing the Frontier in British North-East India: Law, Custom, and Knowledge" (Oxford UP, 2023)

Wed, 26 Jun 2024 08:00:00 -0000

Placing the Frontier in British North-East India: Law, Custom, and Knowledge (Oxford UP, 2023) is a study of the travels of colonial law into the North-East frontier of the British Empire in India. Focusing on the nineteenth century, it examines the relationship of law and space, and indigenous place-making. Inhabitants of the frontier hills examined in this book were not defined as British subjects, yet they were incorporated within the colonial legal framework. The work examines the nature of this legal limbo that produced both the hills and their inhabitants as interruptions but equally as integral to the imperial project. Through a study of place-making by indigenous inhabitants of the frontier, it further demonstrates the heterogeneous narratives of self and belonging found in sites of orality and kinship that shape the hills in the present day.

The book contributes to the historiography of law in colonial South Asia. It focuses on an understudied region that reveals intricacies of colonial law that are crucial for an analysis of forms of governance of marginalized communities throughout India. The breadth of literary and non-literary sources used in the book allows for the juxtaposition of local reproductions of the past and histories of belonging that defy binary notions of history and memory, myth and reality, and physical and imaginative space.

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Stephanie DeGooyer, "Before Borders: A Legal and Literary History of Naturalization" (Johns Hopkins UP, 2022)

Sat, 22 Jun 2024 08:00:00 -0000

How can the novel be a way to understand the development of nation-state borders? An important work in the intersections of law, literature, history, and migration, Stephanie DeGooyer's Before Borders: A Legal and Literary History of Naturalization (Johns Hopkins UP, 2022) offers fascinating insight into understanding naturalization. Tracing the idea of naturalization as it can be understood as a legal fiction and through literary fiction, DeGooyer offers a compelling approach to understanding naturalization as a generative mechanism for national expansion. Through a careful and engaging analysis that spans from Mary Shelley to court proceedings, De Gooyer's Before Borders is a compelling read that will be of great interest for those interested in histories of migration, creative approaches to studying the state, and ways to approach law through and alongside literature.

Stephanie DeGooyer is Assistant Professor and Frank Borden and Barbara Lasater Hanes Fellow in the Department of English & Comparative Literature at the University of North Carolina. Her research focuses on the intersections between law and literature.

Rine Vieth is an incoming FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion.

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Andreas Fulda, "Germany and China: How Entanglement Undermines Freedom, Prosperity and Security" (Bloombury, 2024)

Sat, 22 Jun 2024 08:00:00 -0000

Germany and China: How Entanglement Undermines Freedom, Prosperity and Security (Bloomsbury, 2024) is a groundbreaking book, of which the findings have significant implications both for German-China relations and also in understanding the rising influence of autocratic China on liberal democracies globally. In today's interview, Associate Professor Andreas Fulda and I spoke about Germany's entanglement with China, and the extent of Germany's dependancies on China in terms of economics, technology, politics and academia. We spoke about the blind spots of policy makers and academics have, and the way that China policy is constructed and interpreted as a result. We also spoke about the implications for national security and German sovereignty, and the way that Germany entanglement with China is a warning sign for democratic states everywhere.

Dr Fulda is a political scientist and China scholar with a keen interest in the philosophy of science. You can listen to an interview about his previous book, The Struggle for Democracy in Mainland China, Taiwan and Hong KongSharp Power and its Discontents (Routledge: 2019) here.

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Postscript: The Supreme Court’s Decisions on Bump Stocks and Mifepristone

Thu, 20 Jun 2024 08:00:00 -0000

In this episode of our occasional series, Postscript, we focus on the Supreme Court’s recently published decisions in two cases, about guns and abortion, but more about how the Executive and Judicial branches of government function in the United States. Constitutional Law scholar (and New Books in Political Science co-host) Susan Liebell takes us through Garland v. Cargill, which focused on the Trump Administration’s implementation of a prohibition against bump stocks for rifles following the deadly shooting in Las Vegas, Nevada in 2017. Liebell, a published expert on the Second Amendment and the long history of gun regulation in the United States, explains the thrust of the case, which is only tangentially connected to the Second Amendment, but calls into question the Bureau of Alcohol, Tobacco, and Firearm’s (ATF) expertise, particularly in context of the majority opinion’s decision that the ATF was not using its administrative power correctly. The majority opinion, written by Justice Clarence Thomas, may signal the Supreme Court’s inclinations towards Chevron deference, which is also before the Court this term in the case of Loper Bright Enterprises v. Raimondo.

Liebell, also an expert on abortion access, reproductive health regulation, and citizenship, explains the Court’s unanimous decision in Food and Drug Administration v. Alliance for Hippocratic Medicine. The opinion, written by Justice Brett Kavanaugh, focused solely on the question of standing, and whether the Alliance for Hippocratic Medicine actually qualified to bring the case since there was no clear injury that had been sustained in the suit they brought before the District Court in Amarillo, Texas. Thus, the drug Mifepristone, which was to be banned nationwide in the initial court ruling by U.S. District Judge Matthew Kacsmaryk, was not banned as a result of this lawsuit brought by the Food and Drug Administration. This case, not dissimilar from Garland v. Cargill, focuses on procedural questions more than it focuses on other issues. And the unanimous decision is about that legal procedure, not about the FDA, or the process to through which drugs are brought to market in the United States, or about the Alliance for Hippocratic Medicine’s indictment of the process for prescribing mifepristone. Our conversation threads through these cases, and others (like Dobbs v. Jackson Women’s Health Organization and District of Columbia v. Heller) that set the foundation for these cases to come forward.

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Aziz Rana, "The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them" (U Chicago Press, 2024)

Wed, 19 Jun 2024 08:00:00 -0000

In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibility of deeper change at home.

Revealing how the current constitutional order was forged over the twentieth century, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (U Chicago Press, 2024) also sheds light on an array of movement activists—in Black, Indigenous, feminist, labor, and immigrant politics—who struggled to imagine different constitutional horizons. As time passed, these voices of opposition were excised from memory. Today, they offer essential insights that Rana reconstructs to forward an ambitious and comprehensive vision for moving past the constitutional bind.

Aziz Rana is a Professor and Provost’s Distinguished Fellow at Boston College Law School and the incoming J. Donald Monan, S.J., University Professor of Law and Government (beginning 2024).

Vatsal Naresh is a Lecturer in Social Studies at Harvard University. He is the editor of Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018).

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Rhodri Davies, "What Is Philanthropy For?" (Bristol UP, 2023)

Wed, 19 Jun 2024 08:00:00 -0000

In recent years, philanthropy, the use of private assets for the public good, has come under renewed scrutiny. Do elite philanthropists wield too much power? Is big-money philanthropy unaccountable and therefore anti-democratic? And what about so-called "tainted donations" and "dark money" funding pseudo-philanthropic political projects? The COVID-19 pandemic has amplified many of these criticisms, leading some to conclude that philanthropy needs to be fundamentally reshaped to play a positive role in our future.

In What is Philanthropy For? (Bristol University Press, 2023), Rhodri Davies examines why it's important to ask what philanthropy is for, as it has shaped our world for centuries. Considering the alternatives, including charity, justice, taxation, the state, democracy, and the market, he explores the pressing questions that philanthropy must tackle to be equal to the challenges of the 21st century.

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Alex V. Barnard, "Conservatorship: Inside California's System of Coercion and Care for Mental Illness" (Columbia UP, 2023)

Tue, 18 Jun 2024 08:00:00 -0000

Is involuntary psychiatric treatment the solution to the intertwined crises of untreated mental illness, homelessness, and addiction? In recent years, politicians and advocates have sought to expand the use of conservatorships, a legal tool used to force someone deemed “gravely disabled,” or unable to meet their needs for food, clothing, or shelter as a result of mental illness, to take medication and be placed in a locked facility. At the same time, civil liberties and disability rights groups have seized on cases like that of Britney Spears to argue that conservatorships are inherently abusive.

Conservatorship: Inside California's System of Coercion and Care for Mental Illness (Columbia UP, 2023) is an incisive and compelling portrait of the functioning—and failings—of California’s conservatorship system. Drawing on hundreds of interviews with professionals, policy makers, families, and conservatees, Alex V. Barnard takes readers to the streets where police encounter homeless people in crisis, the locked wards where people receiving treatment are confined, and the courtrooms where judges decide on conservatorship petitions. As he shows, California’s state government has abdicated authority over this system, leaving the question of who receives compassionate care and who faces coercion dependent on the financial incentives of for-profit facilities, the constraints of underresourced clinicians, and the desperate struggles of families to obtain treatment for their loved ones.

This book offers a timely warning: reforms to expand conservatorship will lead to more coercion but little transformative care until government assumes accountability for ensuring the health and dignity of its most vulnerable citizens.

Michael O. Johnston, Ph.D. is a Assistant Professor of Sociology at William Penn University. He is the author of The Social Construction of a Cultural Spectacle: Floatzilla (Lexington Books, 2023) and Community Media Representations of Place and Identity at Tug Fest: Reconstructing the Mississippi River (Lexington Books, 2022). His general area of study is in the areas of social construction of experience, identity, and place. He is currently conducting research for his next project that looks at nightlife and the emotional labor that is performed by employees of bars and nightclubs. To learn more about Michael O. Johnston you can go to his website, Google Scholar, Twitter @ProfessorJohnst, or by email at johnstonmo@wmpenn.edu.

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Qian Wei, "The Governance of Philanthropic Foundations in Authoritarian China" (Routledge, 2022)

Tue, 18 Jun 2024 08:00:00 -0000

Chinese philanthropic foundations navigate a uniquely challenging terrain shaped by authoritarian governance. The Governance of Philanthropic Foundations in Authoritarian China: A Power Perspective (Routledge, 2022) examines these complexities, delivering a novel multilevel analysis of the power dynamics that underpin the governance of nonprofit organizations within an authoritarian context.

Chinese philanthropic foundations, with their distinct democratic culture, grapple with a unique set of challenges. The government’s evolving methods of control often lead to stringent regulations that limit the foundations’ autonomy. Foundations that heavily rely on individual donations are particularly vulnerable to these pressures, potentially transforming into conduits of authoritarianism rather than champions of democratic values.

This book offers a comprehensive and, at times, bleak picture of the conditions under which Chinese foundations operate, offering critical insights into the future trajectory of the nonprofit sector in China.

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Julia Wojnowska-Radzińska, "Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union" (Brill Nijhoff, 2023)

Wed, 12 Jun 2024 08:00:00 -0000

In Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union (Brill Nijhoff, 2023) Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.

Caleb Zakarin is Editor at the New Books Network.

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Robert G. Boatright, "Reform and Retrenchment: A Century of Efforts to Fix Primary Elections" (Oxford UP, 2024)

Mon, 10 Jun 2024 08:00:00 -0000

Until 1900, most political parties in the United States chose their leaders – either in back rooms with a few party elites making decisions or in conventions. The direct primary, in which voters select party nominees for state and federal offices, was one of the most widely adopted political reforms of the early twentieth century Progressive movement.

Intuitively, the direct primary sounds democratic. Voters directly select the candidates. They have more of say over who will ultimately represent or govern them. But decades of scholarship suggests that direct primaries might not have changed the outcomes of party nominations. The conventional wisdom is that as the strength of the Progressive movement declined and voters paid attention to other issues. Party leaders were able to reassert control over candidate selection. In Reform and Retrenchment: A Century of Efforts to Fix Primary Elections (Oxford UP, 2024), Dr. Robert G. Boatright insists this narrative is incorrect and misleading for contemporary efforts to reform the primary election system in the U.S. because some of the early concerns about primaries are still with us today.

The book presents data from 1928-1970 explaining the type of reforms states implemented and their success or failure. Dr. Boatright argues that the introduction of the indirect primary created more chaos than scholars have previously documented. Political parties, factions, and reform groups manipulated primary election laws to gain advantage, often under the guise of enhancing democracy. How does this history impact contemporary plans for reform of the primary system? Many suggested reforms were tried – and failed – during the 20th century. Boatright concludes that despite the clear flaws in the direct primary system, little can be done to change the primary system. Reformers should instead focus on elections and governance. The end of the podcast features his suggestions.

During the podcast, Rob mentions Dr. Jack Santucci’s More Parties or No Parties: The Politics of Electoral Reform in America (Oxford 2022).

Dr. Robert G. Boatright is Professor of Political Science at Clark University in Worcester, MA and the Director of Research for the National Institute for Civil Discourse at the University of Arizona. His research focuses on the effects of campaign and election laws on the behavior of politicians and interest groups with a particular emphasis on primary elections and campaign finance laws. He is the author or editor of 9 books. Heath Brown and I have interviewed Rob previously on New Books in Political Science: Trumping Politics as Usual:Masculinity, Misogyny, and the 2016 Elections

(with co-author Valerie Sperling) and The Deregulatory Moment?: A Comparative Perspective on Changing Campaign Finance Laws.

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Sharrona Pearl, "Do I Know You?: From Face Blindness to Super Recognition" (Johns Hopkins UP, 2023)

Sat, 08 Jun 2024 08:00:00 -0000

In Do I Know You? From Faceblindness to Super Recognition (Johns Hopkins University Press, 2023), Dr. Sharrona Pearl explores the fascinating category of face recognition and the "the face recognition spectrum," which ranges from face blindness at one end to super recognition at the other. Super recognizers can recall faces from only the briefest exposure, while face blind people lack the capacity to recognize faces at all, including those of their closest loved ones. Informed by archival research, the latest neurological studies, and testimonials from people at both ends of the spectrum, Dr. Pearl tells a nuanced story of how we relate to each other through our faces.

The category of face recognition is relatively new despite the importance of faces in how we build relationships and understand our own humanity. Dr. Pearl shows how this most tacit of knowledge came to enter the scientific and diagnostic field despite difficulties with identifying it. She offers a grounded framework for how we evaluate others and draw conclusions about them, with significant implications for race, gender, class, and disability. Dr. Pearl explores the shifting ideas around the face-recognition spectrum, explaining the effects of these diagnoses on real people alongside implications for how facial recognition is studied and understood. Face blindness is framed as a disability, while super recognition is framed as a superpower with no meaningful disadvantages. This superhero rhetoric is tied to the use of super recognizers in criminal detection, prosecution, and other forms of state surveillance. Do I Know You? demonstrates a humanistic approach to the study of the brain, one that offers an entirely new method for examining this fundamental aspect of human interaction.

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Michele Goodwin, "Policing the Womb: Invisible Women and the Criminalization of Motherhood" (Cambridge UP, 2020)

Sat, 08 Jun 2024 08:00:00 -0000

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. 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.

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Judith Lewis Herman, "Truth and Repair: How Trauma Survivors Envision Justice" (Basic Books, 2023)

Fri, 07 Jun 2024 08:00:00 -0000

Judith Herman is renowned for her groundbreaking work with survivors of trauma, including sexual trauma. Her earlier books include Trauma and Recovery: The Aftermath of Violence - from Domestic Abuse to Political Terror (Basic Books, 2022) and Father-Daughter Incest (Harvard UP, 2000)

The #MeToo movement brought worldwide attention to sexual violence, in both domestic and work settings. However, the movement did not address the crime of sexual violence in war, and the use of rape as a weapon of war. In fact, when these historical horrors were brutally used once again in October 2023, the #MeToo movement, and other feminist and anti-rape organizations responded - not with outrage- but with silence.

In contrast, high profile, celebrity cases of sexual abuse and harasment in the U.S. and U.K. gained media coverage, with attention focused on the fates of a few notorious predators who were put on trial. We heard far less about the outcomes of those trials for the survivors of their abuse.

Professor Herman maintains that conventional retributive process fails to serve most survivors; it was never designed for them. She argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them.

In Truth and Repair: How Trauma Survivors Envision Justice (Basic Books, 2023) she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities.

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Vivien Marsh, "Seeking Truth in International TV News: China, CGTN, and the BBC" (Routledge, 2023)

Tue, 04 Jun 2024 08:00:00 -0000

In Seeking Truth in International News: China, CGTN and the BBC (Routledge, 2023) Dr Vivien Marsh analyses the differences between journalistic traditions in China and the West, and extent to which this impacts the ability of news media to hold power to account. This facilitates a fascinating account of the role of journalists in seeking truth from facts, and the way that public narratives of events are constructed. The book has extensive global coverage, and readers will come to understand the significance of both what is reported, and also the significance of scrutinising what is left out.

Dr Vivien Marsh is an independent academic researcher at The University of Westminster, UK. She is a former global news editor, reporter and writer.

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Benjamin Balint, "Kafka's Last Trial: The Case of a Literary Legacy" (Norton, 2019)

Mon, 03 Jun 2024 08:00:00 -0000

When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust?

In Kafka's Last Trial: The Case of a Literary Legacy (Norton, 2019), Benjamin Balint offers a gripping account of the controversial trial in Israeli courts—brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts.

Benjamin Balint, a fellow at the Van Leer Institute in Jerusalem, is the author most recently of Bruno Schulz: An Artist, a Murder, and the Hijacking of History (Norton), winner of a National Jewish Book Award. His book Kafka's Last Trial (Norton) won the Sami Rohr Prize and has been translated into a dozen languages. He is also the co-author, with Merav Mack, of Jerusalem: City of the Book (Yale).

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Adam Goodman, "The Deportation Machine: America’s Long History of Expelling Immigrants" (Princeton UP, 2020)

Sun, 02 Jun 2024 08:00:00 -0000

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.

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Aya Gruber, "The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration" (U California Press, 2020)

Sun, 02 Jun 2024 08:00:00 -0000

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.

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Weh Yeoh, "Redundant Charities: Escaping the Cycle of Dependence" (Koan Press, 2023)

Sun, 02 Jun 2024 08:00:00 -0000

Weh Yeoh's Redundant Charities: Escaping the Cycle of Dependence (Koan Press, 2023) presents a transformative approach to charitable work. Drawing on his extensive experience in the non-profit sector, Yeoh argues that the ultimate goal of a charity should be to render itself unnecessary. He critiques the traditional charity model, which often perpetuates dependency and self-preservation, and instead advocates for organizations to implement clear exit strategies and focus on supporting local communities to solve their own problems.

Yeoh asserts that success in charity work is measured by the ability to address root causes and sustainably transfer skills and resources to local populations, ensuring they can continue the work independently. This approach is exemplified by his own work founding OIC Cambodia, where he aimed to establish a sustainable speech therapy profession in Cambodia, ultimately handing over the leadership to local practitioners.

The book is not just a critique but also offers practical guidance on how charities can shift towards this new model, challenging readers to rethink their strategies and align their missions with long-term, self-sustaining impact.

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Gary J. Bass, "Judgement at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023)

Thu, 30 May 2024 08:00:00 -0000

In December 1948, a panel of 12 judges sentenced 23 Japanese officials for war crimes. Seven, including former Prime Minister Hideki Tojo, were sentenced to death. The sentencing ended the International Military Tribunal for the Far East, an over-two-year-long trial over Imperial Japan’s atrocities in China and its decision to attack the U.S.

But unlike the trials at Nuremberg, now seen as one of the touchstones of modern international law, the trials at Tokyo were a messy affair. The ruling wasn’t unanimous, with two judges dissenting. Indian judge Radhabinod Pal even chose to acquit everybody. The judges couldn’t agree on anything, the prosecution made significant mistakes, and the defense constantly complained about not having enough time and resources.

Gary Bass tells the entire story of the trials at Tokyo—from their formulation at the end of a long World War by a triumphant yet weary U.S., to the eventual decision to let many sentenced defendants out on parole as Japan became a close Cold War ally of Washington—in his book Judgment at Tokyo: World War II on Trial and the Making of Modern Asia (Knopf: 2023)

Gary Bass is also the author of The Blood Telegram: Nixon, Kissenger and a Forgotten Genocide (Vintage: 2014), which was a finalist for the Pulitzer Prize in general nonfiction and won the Arthur Ross Book Award from the Council on Foreign Relations, among other awards. He is the William P. Boswell Professor of World Politics of Peace and War at Princeton University. His previous books are Freedom's Battle: The Origins of Humanitarian Intervention (Knopf Doubleday Publishing Group: 2008) and Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton University Press: 2002). A former reporter for The Economist, Bass writes often for The New York Times and has written for The New Yorker, The Washington Post, The Atlantic, Foreign Affairs, and other publications.

You can find more reviews, excerpts, interviews, and essays at The Asian Review of Books. Including its review of Judgment at Tokyo. Follow on Twitter at @BookReviewsAsia.

Nicholas Gordon is an editor for a global magazine, and a reviewer for the Asian Review of Books. He can be found on Twitter at @nickrigordon.

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Benjamin A. Schupmann, "Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy" (Oxford UP, 2024)

Thu, 30 May 2024 08:00:00 -0000

Seeking a second term as US president in November, Donald Trump joins a roster of politicians whose declared aim is to use legal means to bend democracy to their will and in their interests. The system withstood his first term. In Venezuela, Ecuador, Turkey, and Hungary, the systems didn’t, and they are undergoing stress tests in Israel, Slovakia, and Georgia.

In Venezuela, Turkey and Hungary, elections still happen and parliaments, courts, and media are intact but checks and balances have been steadily eroded as one party bids for sustained majority rule. Since the turn of the millennium, 80% of cases of democratic retreat have taken this form rather than through violence.

Worst of all, “illiberal democracy” is popular. Between 2016 and 2020, Trump added 11 million votes. In 2022, after 12 consecutive years in power, Hungary’s ruling party extended its support. Recent polls show that a third of Americans would prefer a strong unelected leader to a weak elected one while a fifth of French under-35s are indifferent to the prospect of an end to democracy.

In Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy (OUP Press, 2024) Benjamin Schupmann addresses this democratic internal rot and how to defend against it. "Democratic cannibalism is a perennial problem,” he writes. “It is a question of when, not if, popular anti-democratic movements will erupt from within and try to use legal revolutionary methods to devour democracy. Democratic constitution should be designed to provide democrats with the means to defend it and themselves".

Benjamin Schupmann is an Assistant Professor at Yale-NUS College in Singapore. He got his PhD at Columbia University and then taught at Duke Kunshan University and the National University of Singapore. Democracy Despite Itself is his second book. His first – Carl Schmitt's State and Constitutional Theory – was published in 2017.

*The author's book recommendations are Sovereignty Across Generations: Constituent Power and Political Liberalism by Alessandro Ferrara (OUP Oxford, 2023) and Social Acceleration: A New Theory of Modernity by Hartmut Rosa (Columbia University Press, 2013).

Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors, who also writes the twenty4two newsletter on Substack.

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Jeffrey Reiman and Paul Leighton, "The Rich Get Richer and the Poor Get Prison" (Routledge, 2023)

Fri, 24 May 2024 08:00:00 -0000

For 40 years, this classic text has taken the issue of economic inequality seriously and asked: Why are our prisons filled with the poor? Why aren't the tools of the criminal justice system being used to protect Americans from predatory business practices and to punish well-off people who cause widespread harm?

This new edition continues to engage readers in important exercises of critical thinking: Why has the U.S. relied so heavily on tough crime policies despite evidence of their limited effectiveness, and how much of the decline in crime rates can be attributed to them? Why does the U.S. have such a high crime rate compared to other developed nations, and what could we do about it? Are the morally blameworthy harms of the rich and poor equally translated into criminal laws that protect the public from harms on the streets and harms from the suites? How much class bias is present in the criminal justice system-both when the rich and poor engage in the same act, and when the rich use their leadership of corporations to perpetrate mass victimization?

The Rich Get Richer and the Poor Get Prison (Routledge, 2023) shows readers that much of what goes on in the criminal justice system violates citizens' sense of basic fairness. It presents extensive evidence from mainstream data that the criminal justice system does not function in the way it says it does nor in the way that readers believe it should.

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Danielle R. Olden, "Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post–Civil Rights America" (U California Press, 2022)

Wed, 22 May 2024 08:00:00 -0000

Mexican Americans have often fit uncertainly into the white/non-white binary that has goverens much of American history. After Colorado, and much of the rest of the American West, became American claimed territory after the Mexican-Americna War in 1848, thousands of formerly Mexican citizens became American citizens. Flash foward a century to post-war Denver. In the spring of 1969, Mexican American students staged a walk out in protest of poor quality education, racist teachers, and school segregation - they were met by police in riot gear, to beat and arrested dozens of peaceful protestors. Denver thus became ground zero for debates over race in the American West, a city as important to conceptions of whiteness, "minority" status, and colorblindness as any place in the South.

In the award winning book, Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post-Civil Rights America (U California Press, 2022), University of Utah historian Danielle Olden tracks the history of Chicano, Latinx, and Mexican American identities through Denver's history, focusing on the lead up to the 1973 Supreme Court case, Keyes v. Denver School District No. 1. Olden tracks the remarkable and complicated story of that city's Chicano, Black, and white communities through the halting process of school desegregation, and in doing so provides an explemary lesson in the social mutability of the concept of race.

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Sarah Cassella, "Global Risks and International Law: The Case of Climate Change and Pandemics" (Brill/Nijhoff, 2023)

Mon, 20 May 2024 08:00:00 -0000

Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition.

The aim of Sarah Cassella's book Global Risks and International Law: The Case of Climate Change and Pandemics (Brill/Nijhoff, 2023) is threefold: to identify the main elements that characterise global risks in a legal perspective, to determine the characteristics that make them a new category of risk, and to analyse the changes they bring about in the main mechanisms of international law. Drawing on the relationship between international law and other legal systems, and in particular national law, this book highlights possible responses to the challenges posed by global risks. The study is based on extensive practice related to the examples of climate change and pandemics, but opens up perspectives on conclusions that could be common to other global risks, such as financial risks or cyber risks.

Sarah Cassella, Ph.D. (2009), is Professor of International Law at Université Paris.

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Kate Morgan, "The Walnut Tree: Women, Violence and the Law – A Hidden History" (Mudlark, 2024)

Sun, 19 May 2024 08:00:00 -0000

'A woman, a dog and a walnut tree, the more they are beaten, the better they’ll be.' So went the proverb quoted by a prominent MP in the Houses of Parliament in 1853. His words – intended ironically in a debate about a rise in attacks on women – summed up the prevailing attitude of the day, in which violence against women was waved away as a part and parcel of modern living – a chilling seam of misogyny that had polluted both parliament and the law. But were things about to change?

The Walnut Tree: Women, Violence and the Law – A Hidden History (Mudlark, 2024) is a vivid and essential work of historical non-fiction. In it, Kate Morgan explores the legal campaigns, test cases and individual injustices of the Victorian and Edwardian eras which fundamentally re-shaped the status of women under British law. These are seen through the untold stories of women whose cases became cornerstones of our modern legal system and shine a light on the historical inequalities of the law.

We hear of the uniquely abusive marriage which culminated in the dramatic story of the ‘Clitheroe wife abduction’; of the domestic tragedies which changed the law on domestic violence; the controversies surrounding the Contagious Diseases Act and the women who campaigned to abolish it; and the real courtroom stories behind notorious murder cases such as the ‘Camden Town Murder’.

Exploring the 19th- and early 20th Century legal history that influenced the modern-day stances on issues such as domestic abuse, sexual violence and divorce, The Walnut Tree lifts the lid on the shocking history of women under British law – and what it means for women today.

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Anna Brinkman, "Balancing Strategy: Sea Power, Neutrality, and Prize Law in the Seven Years' War" (Cambridge UP, 2024)

Sat, 18 May 2024 08:00:00 -0000

What is the relationship between seapower, law, and strategy? In Balancing Strategy: Seapower, Neutrality, and Prize-Law in the Seven Years' War (Cambridge University Press, 2024) Dr. Anna Brinkman uses in-depth analysis of cases brought before the Court of Prize Appeal during the Seven Years' War to explore how Britain worked to shape maritime international law to its strategic advantage. Within the court, government ofﬁcials and naval and legal minds came together to shape legal decisions from the perspectives of both legal philosophy and maritime strategic aims. As a result, neutrality and the negotiation of rights became critical to maritime warfare. Balancing Strategy unpicks a complex web of competing priorities: deals struck with the Dutch Republic and Spain; imperial rivalry; mercantilism; colonial trade; and the relationships between metropoles and colonies, trade, and the navy. Ultimately, influencing and shaping international law of the sea allows a nation to create the norms and rules that constrain or enable the use of seapower during war.

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Adriana Chira, "Patchwork Freedoms: Law, Slavery, and Race beyond Cuba's Plantations" (Cambridge UP, 2022)

Fri, 17 May 2024 08:00:00 -0000

In nineteenth-century Santiago de Cuba, the island of Cuba's radical cradle, Afro-descendant peasants forged freedom and devised their own formative path to emancipation. Drawing on understudied archives, this pathbreaking work, Patchwork Freedoms: Law, Slavery, and Race beyond Cuba's Plantations (Cambridge UP, 2022) unearths a new history of Black rural geography and popular legalism, and offers a new framework for thinking about nineteenth-century Black freedom. Santiago de Cuba's Afro-descendant peasantries did not rely on liberal-abolitionist ideologies as a primary reference point in their struggle for rights. Instead, they negotiated their freedom and land piecemeal, through colonial legal frameworks that allowed for local custom and manumission. While gradually wearing down the institution of slavery through litigation and self-purchase, they reimagined colonial racial systems before Cuba's intellectuals had their say. Long before residents of Cuba protested for national independence and island-wide emancipation in 1868, it was Santiago's Afro-descendant peasants who, gradually and invisibly, laid the groundwork for emancipation.

Kishauna Soljour is an Assistant Professor of Public Humanities at San Diego State University. Her most recent writing appears in the edited collection: From Rights to Lives: The Evolution of the Black Freedom Struggle.

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Kunal M. Parker, "The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970" (Cambridge UP, 2023)

Thu, 16 May 2024 08:00:00 -0000

In The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970 (Cambridge University Press, 2023), Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.

Kunal M. Parker is a Professor of Law and Dean's Distinguished Scholar at the University of Miami.

Caleb Zakarin is editor of the New Books Network.

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Chris Stephen, "The Future of War Crimes Justice" (Melville House, 2024)

Wed, 15 May 2024 08:00:00 -0000

The Future of War Crimes Justice (Melville House, 2024), journalist and war correspondent Chris Stephen takes a colourful look at the erratic history of war crimes justice, and the pioneers who created it. He examines its shortcomings, and options for making it more effective, including the case for prosecuting the corporations and banks who fund warlords. Casting the net wider, he examines alternatives to war crimes trials, and looks into the minds of war criminals themselves through an evaluation of evidence from psychiatric studies. With international law advocates fighting for justice on one side, and reluctant governments unwilling to relinquish control on the other, he sets out to answer whether the world of the future will be governed by the rule of law or might is right.

The podcast begins by exploring what is meant by ‘justice’ in the context of war crimes – whether it is (or should be) a process and collection of rights-respecting investigations and trials, or an outcome (the prosecution, conviction and sentencing of people who have committed the worst crimes) – and then discusses the challenges at the heart of the system of international war crimes justice as it has developed from the post-World War II trials of Nuremberg and Toyko. Chris Stephen discusses the impossibility of bringing leaders of major powers to justice, such as Russia’s Vladimir Putin, under the current system of war crimes justice, acknowledging the role that realpolitik and national state interest plays in preventing greater engagement with the International Criminal Court in The Hague.

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Can the Constitution Still Unite Us?: A Conversation with Yuval Levin

Tue, 14 May 2024 08:00:00 -0000

During an era of broad political dissatisfaction, what is the history and role of the Constitution? Does the Constitution still have the power to unite us? Dr. Yuval Levin joins Madison's Notes to discuss his forthcoming book American Covenant: How the Constitution Unified Our Nation ― and Could Again. Along the way, he delves into key American figures from James Madison to Woodrow Wilson and the reasons for our present discord.

Yuval Levin is a Senior Fellow at the American Enterprise Institute, where he is the Beth and Ravenel Curry Chair in Public Policy, and Director of Social, Cultural, and Constitutional Studies. He is the Founder and Editor in Chief of National Affairs, as well as a senior editor at The New Atlantis, a contributing editor at National Review, and a contributing opinion writer at The New York Times. Dr. Levin served as a member of the White House domestic policy staff under President George W. Bush. He was also executive director of the President’s Council on Bioethics and a congressional staffer at the member, committee, and leadership levels. He holds a PhD from the Committee on Social Thought at the University of Chicago.

Contributions to and/or sponsorship of any event does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.

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.

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Shelley X. Liu, "Governing After War: Rebel Victories and Post-War Statebuilding" (Oxford UP, 2024)

Mon, 13 May 2024 08:00:00 -0000

Governing After War: Rebel Victories and Post-war Statebuilding (Oxford University Press, 2024) by Dr. Shelley X. Liu explores how wartime processes affects post-war state-building efforts when rebels win a civil war and come into power. Post-war governance is a continuation of war--although violence has ceased, the victor must consolidate its control over the state through a process of internal conquest. This means carefully making choices about resource allocation towards development and security. Where does the victor choose to spend, and why? And what are the implications for ultimately consolidating power and preventing conflict recurrence?

The book examines wartime rebel-civilian ties under rebel governance and explains how these ties--along with rebel governing institutions--shape the rebel victors' post-war various resource allocation strategies to establish control at the sub-national level. In turn, successfully balancing resources dedicated toward development and security helps the victor to consolidate power. The book relies on mixed-methods evidence from Zimbabwe and Liberia, combining interviews, focus groups, and archival data with fine-grained census, administrative, survey, and conflict datasets to provide an in-depth examination of subnational variation in wartime rebel behavior and post-war governing strategies. A comparison of Zimbabwe and Liberia alongside four additional civil wars in Burundi, Rwanda, Côte d'Ivoire, and Angola further demonstrates the importance of wartime civilian tie-formation for post-war control. The argument's central insights point to war and peace as part of a long state-building process, and suggest that the international community should pay attention to sub-national political constraints that new governments face. Her findings offer implications for recent rebel victories and, more broadly, for understanding the termination, trajectories, and political legacies of such conflicts around the world.

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Javier Samper Vendrell, "The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic" (U Toronto Press, 2020)

Mon, 06 May 2024 08:00:00 -0000

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 Samper 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.

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J. P. Messina, "Private Censorship" (Oxford UP, 2024)

Wed, 01 May 2024 08:00:00 -0000

When we think of censorship, our minds might turn to state agencies exercising power to silence dissent. However, contemporary concerns about censorship arise in contexts where non-state actors suppress expression and communication. There are subtle and not-so-subtle forms of interference that come from social groups, employers, media corporations, and even search engines. Should these “new” forms of censorship alarm us? Should we assess them in ways that mirror our typical views about state-enacted censorship? If not, how should we think about non-state modes of censorship?

In Private Censorship (Oxford University Press, 2024), JP Messina takes up these broad questions. He examines a range of emerging sites of non-state censorship – what he calls “private” censorship – and sorts through the normative, political, and legal issues.

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Jennifer M. Black, "Branding Trust: Advertising and Trademarks in Nineteenth-Century America" (U Pennsylvania Press, 2023)

Wed, 01 May 2024 08:00:00 -0000

In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted?

Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust: Advertising and Trademarks in Nineteenth-Century America (University of Pennsylvania Press, 2023) by Dr. Jennifer M. Black tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States.

As early as the 1830s, printers, advertising agents, and manufacturers collaborated to devise new ways to advertise goods. They used eye-catching designs and fonts to grab viewers’ attention and wove together meaningful images and prose to gain the public’s trust. At the same time, manufacturers took legal steps to safeguard their intellectual property, formulating new ways to protect their brands by taking legal action against counterfeits and frauds. By the end of the nineteenth century, these advertising and legal strategies came together to form the primary components of modern branding: demonstrating character, protecting goodwill, entertaining viewers to build rapport, and deploying the latest graphic innovations in print. Trademarks became the symbols that embodied these ideas—in print, in the law, and to the public.

Branding Trust thus identifies and explains the visual rhetoric of trust and legitimacy that has come to reign over American capitalism. Though the 1920s has often been held up as the birth of modern advertising, Dr. Black argues that advertising professionals had in fact learned how to navigate public relations over the previous century by adapting the language, imagery, and ideas of the American middle class.

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David Pozen, "The Constitution of the War on Drugs" (Oxford UP, 2024)

Sun, 28 Apr 2024 08:00:00 -0000

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, The Constitution of the War on Drugs (Oxford UP, 2024). An expert in constitutional law, Pozen argues that the drug war has been an unmitigated disaster, in terms of money, efficacy, and human rights. But even as activists peel off the drug war’s more unsavory aspects through cannabis and psychedelic legalization, Pozen also argues that they’ve neglected to consider the impact America’s courts could have on rectifying oppressive drug laws.

It wasn’t always this way. The Constitution of the War on Drugs also details the “hidden history” of a brief legal moment in the late 1960s and early 1970s when lawyers effectively argued for liberalized drug policies – on the sound basis of the Constitution. The moment was eventually overturned, but Pozen argues it could be a useful historical lesson for people interested in the effects of constitutional law on the drug war today.

A link to the digital edition of The Constitution of the War on Drugs will soon be available here.

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 coming out soon from the University of Chicago Press.

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Leigh Gilmore, "The #MeToo Effect: What Happens When We Believe Women" (Columbia UP, 2023)

Sat, 27 Apr 2024 08:00:00 -0000

The #MeToo movement inspired millions to testify to the widespread experience of sexual violence. More broadly, it shifted the deeply ingrained response to women’s accounts of sexual violence from doubting all of them to believing some of them. What changed?

In The #MeToo Effect: What Happens When We Believe Women (Columbia UP, 2023), Leigh Gilmore provides a new account of #MeToo that reveals how storytelling by survivors propelled the call for sexual justice beyond courts and high-profile cases. At a time when the cultural conversation was fixated on appeals to legal and bureaucratic systems, narrative activism— storytelling in the service of social change—elevated survivors as authorities. Their testimony fused credibility and accountability into the #MeToo effect: uniting millions of separate accounts into an existential demand for sexual justice and the right to be heard.

Gilmore reframes #MeToo as a breakthrough moment within a longer history of feminist thought and activism. She analyzes the centrality of autobiographical storytelling in intersectional and antirape activism and traces how literary representations of sexual violence dating from antiquity intertwine with cultural notions of doubt, obligation, and agency. By focusing on the intersectional prehistory of #MeToo, Gilmore sheds light on how survivors have used narrative to frame sexual violence as an urgent problem requiring structural solutions in diverse global contexts. Considering the roles of literature and literary criticism in movements for social change, The #MeToo Effect demonstrates how “reading like a survivor” provides resources for activism.

Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1

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Anu Bradford, "Digital Empires: The Global Battle to Regulate Technology" (Oxford UP, 2023)

Wed, 24 Apr 2024 08:00:00 -0000

The global battle among the three dominant digital powers―the United States, China, and the European Union―is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires: The Global Battle to Regulate Technology (Oxford UP, 2023), her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.

Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches―the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model―and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear.

Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.

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Egor Lazarev, "State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya" (Cambridge UP, 2023)

Sat, 13 Apr 2024 08:00:00 -0000

State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya (Cambridge University Press, 2023) by Dr. Egor Lazarev explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives?

The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.

This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Rabiat Akande, "Entangled Domains: Empire, Law and Religion in Northern Nigeria" (Cambridge UP, 2023)

Sat, 06 Apr 2024 08:00:00 -0000

Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains: Empire, Law and Religion in Northern Nigeria (Cambridge UP, 2023) grapples with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.

Dr. Akande is currently an Assistant Professor in the Osgoode Hall Law School at York University in Canada and chairs the international legal history project at the African Institute of International Law in Arusha. Previously, she was a postdoctoral fellow at the Harvard Academy for International and Area Studies as an Academy Scholar from 2019-2021. She received her Doctor of Juridical Science (SJD) degree from Harvard Law School in 2019 with her dissertation, “Navigating Entanglements: Contestations over Religion-State Relations in British Northern Nigeria, c. 1890-1978” receiving the Law and Society in the Muslim World Prize. At Harvard University, Dr. Akande held the Clark Byse fellowship at the Law School and was a Dissertation Fellow and Graduate Student Associate at the Weatherhead Center for International Affairs. She also served on the editorial board of the Harvard International Law Journal. Prior to her graduate work, Dr. Akande obtained her Bachelor of Laws from the University of Ibadan, graduating with First Class Honors and at the top of her class. She later studied at the Nigerian Law School, from which she also graduated with First Class Honors.

Dr. Katz is currently a postdoc in Grants Operations Management and Creative Engagement at UNC Chapel Hill. She was previously a postdoc in the History Department at Duke University, and a Visiting Assisting Professor at Loyola University New Orleans. She received her PhD in African History from the University of Michigan, Ann Arbor.

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Michael LeFebvre, "Collections, Codes, and Torah: The Re-characterization of Israel's Written Law" (Bloomsbury, 2019)

Sat, 06 Apr 2024 08:00:00 -0000

Scholars of biblical law widely hold that ancient Israel did not draft law-texts for legislative purposes. Little attention has yet been given to explaining how and when later Judaism did come to regard Torah as legislative. As a result, the current consensus (that Ezra introduced legislative uses of Torah) is based on assumptions which have been never tested.

Join us as we speak with Michael LeFebvre about his book, Collections, Codes, and Torah: The Re-characterization of Israel's Written Law (Bloomsbury, 2019) a study that challenges the current consensus, and presents an alternative hypothesis.

Michael LeFebvre earned his PhD at the University of Aberdeen. He’s a presbyterian minister living in Indianapolis, Indiana, and a fellow with the Center for Pastor Theologians.

L. 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

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W. B. Allen, "Montesquieu's 'The Spirit of the Laws': A Critical Edition" (Anthem Press, 2023)

Sun, 31 Mar 2024 08:00:00 -0000

The Spirit of the Laws not only systematizes the foundational ideas of “separation of powers” and “balances and checks,” it provides the decisive response to the question of whether power in the nation-state can be limited in the aftermath of the Westphalian settlement of 1648. It describes a civilizational change through which power becomes domesticated, with built-in resistance to attempts to absolutize (or make total) political power. As such, it is the Bible of modern politics, now made more accessible to English readers than it ever has been.

There have been in English only two prior translations of this work that first appeared in 1748. The deficiencies of those two efforts have been broadly identified in the scholarship. Although the text is still used with regularity in university instruction (having been recovered after a lull in the 1950s and 60s), it deserves – and now receives – a presentation that enhances its usefulness in the analysis both of politics and the philosophical foundations of human life.

Montesquieu’s singularity – the first secular argument against race-based slavery and only the second secular argument against the servitude of women – provides a special heritage for the modern word to preserve and a key to making operational those fundamental insights within the context of sustained political and cultural development. The replacement of blood and tribe with the universal attributes of humanity (while recognizing the highly variable ecologies of communities) constitutes the single-most important moral and political development of the modern world. And The Spirit of the Laws bears a primary responsibility for that accomplishment. Montesquieu's 'The Spirit of the Laws': A Critical Edition (Anthem Press, 2024) is a worthy translation.

W. B. Allen studies and writes broadly in political philosophy and history, with special focus on traditions of self-government and liberalism.

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Yuliya Zabyelina, "Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime" (Cambridge UP, 2023)

Sun, 31 Mar 2024 08:00:00 -0000

How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law? How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts? What responses exist to prevent and punish such conduct?

In Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime (Cambridge University Press, 2023), Dr. Yuliya Zabyelina unravels the intricate layers of impunity of political elites complicit in transnational crimes. By examining cases of trafficking in persons and drugs, corruption, and money laundering that implicate heads of state and of government, ministers, diplomats, and international civil servants, she shows that, despite the potential of international law immunity to impede or delay justice, there are prominent instruments of external accountability. Accessible and compelling, this book provides novel insights for readers interested in the close-knit bond between power, illicit wealth, and impunity.

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Ignacio Cofone, "The Privacy Fallacy: Harm and Power in the Information Economy" (Cambridge UP, 2023)

Thu, 28 Mar 2024 08:00:00 -0000

Our privacy is besieged by tech companies.

Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation.

Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

Jake Chanenson is a computer science Ph.D. student and law 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.

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Michael Davis, "Freedom Undone: The Assault on Liberal Values in Hong Kong" (Association for Asian Studies, 2023)

Wed, 27 Mar 2024 08:00:00 -0000

"What happened in Hong Kong is not an anomaly but a warning" - Hong Kong Human Rights defender Chow Hang Tung, speech written from prison upon receiving a human rights award.

In our interview today, I spoke with Professor Michael C. Davis, author of Freedom Undone: The Assault on Liberal Values and Institutions in Hong Kong (AAS and Columbia UP, 2024). In his latest book, he writes about how one of the world's most free-wheeling cities has transitioned from a vibrant global center of culture and finance into an illiberal regime. We spoke about the progressive shifts towards authoritarian governance in Hong Kong's post-colonial period, leading up to the introduction of the National Security Law of 2020, and the rapid erosion of human rights and liberal freedoms since. Professor Davis explained the significance of Hong Kong's new domestic National Security Law, introduced last week, and its implications for the erosion of global democratic institutions globally.

Professor Michael C. Davis is a former long-time professor at the University of Hong Kong and prior to that at the Chinese University of Hong Kong, where he taught course on human rights and constitutional development. He is currently a Global Fellow at the Woodrow Wilson International Centre for Scholars, a Senior Research Associate at the Weatherhead East Asia Institute at Columbia University, and a Professor of Law and International Affairs at O.P. Jindal Global University in India. He also enjoys research affiliations at New York University and the University of Notre Dame.

You can listen to our earlier interview, about Professor Davis' book, Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020) here.

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How Can We Reach International Consensus on AI Regulation?

Mon, 25 Mar 2024 08:00:00 -0000

In this episode of International Horizons, RBI director John Torpey interviews Gabriele Mazzini, a lawyer and officer of the European Commission and expert in AI regulation. Mazzini discusses the means through which European countries have found agreement on the definition of AI and how to regulate it. Moreover, Mazzini stresses that the fears of an apocalyptic AI revolution taking over humankind are not well-grounded. He also comments on the United States case and how it differs from Europe when it comes to regulating AI, acknowledging that there's been big progress in legislation in this area.

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Colette Cann and Eric Demeulenaere, "The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change" (Myers Education Press, 2020)

Sun, 24 Mar 2024 08:00:00 -0000

How can traditional academic scholarship be disrupted by activist academics? How can we make space for those who are underrepresented and historically oppressed to come to academia as their authentic selves? How can the platform of academia create space for change in the world? In The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change (Myers Education Press: 2020), Professor Colette N. Cann and Professor Eric J. DeMeulenarare answer these questions. Their work challenges dominant frameworks of what it is to be an academic. They challenge readers to think about their responsibility as academics, and their role not just as researchers and teachers, but as parents, friends and members of the community. This book should be compulsory reading for for all scholars, and those that aspire to enter academia. It provides the opportunity to rethink the ways that activism and scholarship can be combined, and the impact that academics have in the spaces that they work.

Professor Colette N. Cann is the Associate Dean for Academic and Faculty Advancement and Professor in the School of Education at the University of San Francisco.

Professor Eric DeMeulenaere is a Professor of Education, Director of Community, Youth, & Education Studies and Director of Comparative Race & Ethnic Studies at Clark University.

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Patryk I. Labuda, "International Criminal Tribunals and Domestic Accountability" (Oxford UP, 2023)

Fri, 22 Mar 2024 08:00:00 -0000

In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level.

Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, International Criminal Tribunals and Domestic Accountability: In the Court's Shadow (Oxford University Press, 2023) by Dr. Patryk I. Labuda develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Dr. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power.

By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.

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Kalika Mehta, "Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis" (Routledge, 2023)

Wed, 20 Mar 2024 08:00:00 -0000

Kalika Mehta's book Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis (Routledge, 2023) provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes.

The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential.

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Rachel Blumenthal, "Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964" (Lexington, 2021)

Mon, 18 Mar 2024 08:00:00 -0000

Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964 (Lexington, 2021) examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.

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Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

Sat, 16 Mar 2024 08:00:00 -0000

Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing.

In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.

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Legal Cultures in the Russian Empire

Wed, 13 Mar 2024 08:00:00 -0000

Law. How does the state form and use it? How do people use and shape it? How does law shape culture? How does the practice of law change over time in a modernizing colony? What was stable and what was malleable in the application of law in early modern Russia versus its Central Asian colony in the Empire’s final century? What’s the difference between a bribe and a gift?

These are some of the questions at the heart of this fascinating conversation about two books that probe the theoretical and instrumental underpinnings, as well as the everyday practice, of law in different periods and regions of the Russian Empire. Crime and Punishment in Early Modern Russia (Cambridge UP, 2012) by Nancy Kollmann analyzes the day-to-day practice of Russian criminal justice in the seventeenth and eighteenth centuries. Visions of Justice: Sharī’a and Cultural Change in Russian Central Asia (Brill, 2017; available open access) by Paolo Sartori excavates civil law practice to explore legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire, situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity. Paolo Sartori and Nancy Kollmann explore overlaps, divergence and much more that emerge from their respective findings in these deeply researched books.

Paolo Sartori is a Senior Research Associate and the Chairman of the Commission for the Study of Islam in Central Eurasia at the Austrian Academy of Sciences. He currently serves as the Editor-in-Chief of the Journal of the Economic and Social History of the Orient and the Journal of Central Asian History (Brill). In addition to Visions of Justice, authoring several scholarly articles and co-editing essay collections, Sartori has co-authored two books, Seeking Justice at the Court of the Khans of Khiva (19th–Early 20th Centuries) (Leiden: Brill, 2020), co-authored with Ulfat Abdurasulov and Éksperimenty imperii: adat, shariat, i proizvodtsvo znanii v Kazakhskoi stepi (Moscow: Novoe Literaturnoe Obozrenie, 2019), co-authored with Pavel Shabley.

Nancy Kollmann is the William H. Bonsall Professor of History at Stanford University in California. In addition to Crime and Punishment in Early Modern Russia (2012), she is the author of Kinship and Politics: The Making of the Muscovite Political System, 1345–1547 (1987), By Honor Bound: State and Society in Early Modern Russia (1999); The Russian Empire, 1450–1801 (2017), and Visualizing Russia in Early Modern Europe (forthcoming August 2024).

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Priyasha Saksena, "Sovereignty, International Law, and the Princely States of Colonial South Asia" (Oxford UP, 2023)

Thu, 07 Mar 2024 09:00:00 -0000

In Sovereignty, International Law, and the Princely States of Colonial South Asia (Oxford UP, 2023), Dr Priyasha Saksena interrogates the centuries-old question of what constitutes a sovereign state in the international legal sphere. She explores the history of sovereignty through an analysis of the jurisdictional politics involving the princely states of colonial South Asia. Governed by local rulers, these princely states were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state.

In this podcast, Dr Saksena explores how the various players within British India – international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anti-colonial nationalists – used definitions of sovereignty to construct political orders in line with their interests and aspirations. By invoking the vernacular of sovereignty in contrasting ways to support their differing visions of imperial and world order, these actors also attempted to reconfigure the boundaries among the spheres of the national, the imperial, and the international. Our discussions chart the debates and disputes over the princely states across two hundred years of Indian history, and how they continually defined and redefined the concept of sovereignty and international legitimacy in South Asia.

The podcast explores the importance of the language of international law, how it is used and by whom, and how it is both a counterweight and a shaping force for political power. We discuss how different understandings of sovereignty have been (and still are) influencing the various ways in which people think about organising the world and their relationship to each other.

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Carly Goodman, "Dreamland: America's Immigration Lottery in an Age of Restriction" (UNC Press, 2023)

Thu, 29 Feb 2024 09:00:00 -0000

In a world of border walls and obstacles to migration, a lottery where winners can gain permanent residency in the United States sounds too good to be true. Just as unlikely is the idea that the United States would make such visas available to foster diversity within a country where systemic racism endures. But in 1990, the United States Diversity Visa Lottery was created to do just that.

Dreamland: America's Immigration Lottery in an Age of Restriction (UNC Press, 2023) tells the surprising story of this unlikely government program and its role in American life as well as the global story of migration. Historian Carly Goodman takes readers from Washington, D.C., where proponents deployed a colorblind narrative about our "nation of immigrants" to secure visas for white immigrants, to the African countries where it flourished and fostered dreams of going to America. From the post office to the internet, aspiring emigrants, visa agents, and others embraced the lottery and tried their luck in a time of austerity and limits. Rising African immigration to the United States has enriched American life, created opportunities for mobility, and nourished imagined possibilities. But the promise of the American dream has been threatened by the United States' embrace of anti-immigrant policies and persistent anti-Black racism.

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Christian R. Burset, "An Empire of Laws: Legal Pluralism in British Colonial Policy" (Yale UP, 2023)

Thu, 29 Feb 2024 05:00:00 -0000

In An Empire of Laws: Legal Pluralism in British Colonial Policy (Yale University Press, 2023), Dr. Christian R. Burset presents a compelling reexamination of how Britain used law to shape its empire.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes.

As legal historian Dr. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

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Jack Levin and Julie B. Wiest, "Covert Violence: The Secret Weapon of the Powerless" (Bristol University Press, 2023)

Fri, 23 Feb 2024 09:00:00 -0000

Covert violence occurs in all social institutions—including families and close relationships, education, workplaces, politics, mass media, and healthcare—each with its own unique power dynamics that shape the incidence and patterns of these vicious acts. Covert Violence: The Secret Weapon of the Powerless (Bristol University Press, 2023) by Dr. Jack Levin and Dr. Julie B. Wiest focuses on the types of surreptitious murder and mayhem that perpetrators intend to go unnoticed by would-be victims—until it’s too late. When such attacks are carried out with efficiency and competence, they may be disguised in official records as the result of illness, accident, or intentional self-harm, only on occasion to be later reclassified as the brutal crimes they are.

This compelling and much-needed book is for all those who seek to understand—and strive to prevent—violence in society.

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Devin O. Pendas, "Democracy, Nazi Trials and Transitional Justice in Germany, 1945–1950" (Cambridge UP, 2020)

Fri, 23 Feb 2024 09:00:00 -0000

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.

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Isabella Alexander, "Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge" (Bloomsbury, 2023)

Thu, 22 Feb 2024 09:00:00 -0000

Isabella Alexander's book Copyright and Cartography: History, Law, and the Circulation of Geographical Knowledge (Bloomsbury, 2023) explores the intertwined histories of mapmaking and copyright law in Britain from the early modern period up to World War 1, focusing chiefly on the 18th and 19th centuries. Taking a multidisciplinary approach and making extensive use of the archival record, this is the first detailed, historical account of the relationship between maps and copyright. As such, it examines how the emergence and development of copyright law affected mapmakers and the map trade and how the application of copyright law to the field of mapmaking affected the development of copyright doctrine. Its explorations cast new light on the circulation of geographical knowledge, different cultures of authorship and creativity, and connections between copyright law, print culture, technology, and society.

The book will be of interest to legal historians, intellectual property scholars, and historians of the map and print culture, as well as those interested in the history of knowledge and how legal control over data has been exerted over time. It takes the reader back to the earliest attempts to establish who can own and control geographical information and its graphic representation in the form of a map. In so doing, it establishes a long history of tension between the interests of private enterprise, government, and the public. The book's investigations end in the first decades of the 20th century, but the tensions it identifies persist in the 21st century, although today paper maps have been largely replaced by web-based mapping platforms and digital geospatial data. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Australian Research Council.

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Katharina Pistor, "The Code of Capital: How the Law Creates Wealth and Inequality" (Princeton UP, 2019)

Thu, 22 Feb 2024 09:00:00 -0000

"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.

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Max Ward, "Thought Crime: Ideology and State Power in Interwar Japan" (Duke UP, 2019)

Wed, 21 Feb 2024 09:00:00 -0000

Max Ward’s Thought Crime: Ideology and State Power in Interwar Japan (Duke University Press, 2019) analyzes the trajectory and transformations of the implementation of Japan’s 1925 Peace Preservation Law from its conception until the early years of the 1940s. The law, which began as a state effort to tamp down radicalism and “dangerous thought” (mostly Marxism) and preserve and protect imperial sovereignty, spawned a massive apparatus populated by both state and nonstate actors dedicated to ideologically converting and rehabilitating thought criminals. In addition to being a case study of the nature and ideology of punishment and repentance for thought crimes in late Imperial Japan—and the way in which the emperor functioned as a “ghost in the machine” animating the pursuit of political repression—Ward’s book also provides insight into the policing of ideological threats and its relationship to national identity politics. Thought Crime follows the evolution and transformation of the Peace Preservation Law and its attendant social and institutional structures from interwar attempts to repress dangerous thought to a system of mass ideological conversion, and finally to the consequences of its integration into practices of total mobilization during wartime.

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Allyson Mower, "Developing Authorship and Copyright Ownership Policies: Best Practices" (Rowman and Littlefield, 2024)

Wed, 21 Feb 2024 09:00:00 -0000

Authorship represents a new area of policy-related work within higher education research administration, funding agencies, and scholarly journal publishing. Developing Authorship and Copyright Ownership Policies: Best Practices (Rowman & Littlefield, 2024) by Allyson Mower offers the unique aspect of combining details on copyright ownership as well as authorship into a single volume on best practices for administrators, journal publishers, research managers, and policy drafters within and outside of higher education. Discover more about the definition of 'author'--from data gatherer to writer--to inform policy development while understanding the interconnected relationships between authorship, copyright ownership, and scholarly communication. This book will also demonstrate how to develop inclusive and equitable authorship policies that reflect the range of diversity within the research endeavor and scholarly publishing.

Allyson Mower, MA, MLIS has served as the scholarly communication and copyright librarian at the University of Utah Marriott Library since 2008. Her expertise focuses on authorship—both current and historical trends—as well as the connections between information access, reading, and authoring. She developed the Utah Reading Census, an annual survey to determine Utahns’ attitudes towards reading and convened the France Davis Utah Black Archive in 2021. Allyson also serves as the policy liaison for the Academic Senate and runs a professional development book club.

Dr. Michael LaMagna is the Information Literacy Program & Library Services Coordinator and Professor of Library Services at Delaware County Community College.

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Cameron McWhirter and Zusha Elinson, "American Gun: The True Story of the AR-15" (FSG, 2023)

Tue, 20 Feb 2024 09:00:00 -0000

In the 1950s, an obsessive firearms designer named Eugene Stoner invented the AR-15 rifle in a California garage. High-minded and patriotic, Stoner sought to devise a lightweight, easy-to-use weapon that could replace the M1s touted by soldiers in World War II. What he did create was a lethal handheld icon of the American century.

In American Gun: The True Story of the AR-15 (FSG, 2023), the veteran Wall Street Journal reporters Cameron McWhirter and Zusha Elinson track the AR-15 from inception to ubiquity. How did the same gun represent the essence of freedom to millions of Americans and the essence of evil to millions more? To answer this question, McWhirter and Elinson follow Stoner--the American Kalashnikov--as he struggled mightily to win support for his invention, which under the name M16 would become standard equipment in Vietnam. Shunned by gun owners at first, the rifle's popularity would take off thanks to a renegade band of small-time gun makers. And in the 2000s, it would become the weapon of choice for mass shooters, prompting widespread calls for proscription even as the gun industry embraced it as a financial savior. Writing with fairness and compassion, McWhirter and Elinson explore America's gun culture, revealing the deep appeal of the AR-15, the awful havoc it wreaks, and the politics of reducing its toll. The result is a moral history of contemporary America's love affair with technology, freedom, and weaponry.

Cameron McWhirter is a national reporter for The Wall Street Journal, based in Atlanta. He has covered mass shootings, violent protests and natural disasters across the South. He is also the author of Red Summer: The Summer of 1919 and the Awakening of Black America. Previously, he reported for other publications in the U.S., as well as Bosnia, Iraq, and Ethiopia.

Zusha Elinson is a national reporter, writing about guns and violence for the Wall Street Journal. Based in California, he has also written for the Center for Investigative Reporting and the New York Times Bay Area section.

Recommended Books:

Robert Caro, The Path to Power
William Shawcross, Sideshow
Dexter Filkins, The Forever War
Adam Winkler, Gun Fight
Tim Mak, Misfire
Doug Stanton, Horse Solidiers

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 Against 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.

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Robert Louis Wilken, "Liberty in the Things of God: The Christian Origins of Religious Freedom" (Yale UP, 2019)

Tue, 20 Feb 2024 09:00:00 -0000

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.

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Tom Hamilton, "A Widow's Vengeance After the Wars of Religion: Gender and Justice in Renaissance France" (Oxford UP, 2024)

Mon, 19 Feb 2024 09:00:00 -0000

Paris, 1599. At the end of the French Wars of Religion, the widow Renée Chevalier instigated the prosecution of the military captain Mathurin Delacanche, who had committed multiple acts of rape, homicide, and theft against the villagers who lived around her château near the cathedral city of Sens. But how could Chevalier win her case when King Henri IV's Edict of Nantes ordered that the recent troubles should be forgotten as 'things that had never been'?

A Widow's Vengeance After the Wars of Religion: Gender and Justice in Renaissance France (Oxford UP, 2024) is an original and wide-ranging account of the impact of the religious wars on daily life. Based on neglected archival sources and an exceptional criminal trial, it recovers the experiences of women, peasants, and foot soldiers, who are marginalized in most historical accounts. Tom Hamilton shows how this trial contributed to a wider struggle for justice and an end to violence in postwar France. People throughout the society of the Old Regime did not consider rape and pillage as inevitable consequences of war, and denounced soldiers' illicit violence when they were given the chance. As a result, the early modern laws of war need to be understood not only as the idealistic invention of great legal thinkers, but also as a practical framework that enabled magistrates to do justice for plaintiffs and witnesses, like Chevalier and the villagers who lived under her protection.

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Ian Saxine, "Properties of Empire: Indians, Colonists, and Land Speculators on the New England Frontier" (NYU Press, 2019)

Fri, 16 Feb 2024 09:00:00 -0000

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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Richard L. Hasen, "A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy" (Princeton UP, 2024)

Thu, 15 Feb 2024 09:00:00 -0000

Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all.

Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election.

The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy (Princeton UP, 2024) explains what's in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.

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Ryan Manucha, "Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade" (McGill-Queen's UP, 2022)

Wed, 14 Feb 2024 09:00:00 -0000

Today I talked to Ryan Manucha about his new book Booze, Cigarettes, and Constitutional Dust-Ups: Canada's Quest for Interprovincial Free Trade (McGill-Queen's UP, 2022).

In 2012, after Gerard Comeau had driven to Quebec to purchase cheaper beer and crossed back into New Brunswick, police officers tailed and detained him, confiscated his haul, and levied a fine. With Comeau's story as his starting point, Ryan Manucha tells the fascinating tale of Canadian interprovincial trade. Interprovincial trade barriers and other frictions bring much-needed revenue into the coffers of provincial governments, which then can direct these funds toward various social services, but hinder the mobility of professionals, account for the different building codes imposed by Canadian provinces, and generally increase the price tag for Canadian consumers. In a candid interview, Ryan explains his interest in this topic, the backbone of his book's argument, and his efforts to make change workable.

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Marisol LeBrón, "Policing Life and Death: Race, Violence, and Resistance in Puerto Rico" (U California Press, 2019)

Wed, 14 Feb 2024 09:00:00 -0000

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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Laura Flannigan, "Royal Justice and the Making of the Tudor Commonwealth, 1485–1547" (Cambridge UP, 2023)

Tue, 13 Feb 2024 09:00:00 -0000

The dawn of the Tudor regime is one of most recognisable periods of English history. Yet the focus on its monarchs' private lives and ministers' constitutional reforms creates the impression that this age's major developments were isolated to halls of power, far removed from the wider populace.

Royal Justice and the Making of the Tudor Commonwealth, 1485–1547 (Cambridge University Press, 2023) by Dr. Laura Flannigan presents a more holistic vision of politics and society in late mediaeval and early modern England. Delving into the rich but little-studied archive of the royal Court of Requests, it reconstructs collaborations between sovereigns and subjects on the formulation of an important governmental ideal: justice. Examining the institutional and social dimensions of this point of contact, this study places ordinary people, their knowledge and demands at the heart of a judicial revolution unfolding within the governments of Henry VII and Henry VIII. Yet it also demonstrates that directing extraordinary royal justice into ordinary procedures created as many problems as it solved.

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Jeanne Theoharis, "The Strange Careers of the Jim Crow North: Segregation and Struggle outside of the South" (NYU Press, 2019)

Mon, 12 Feb 2024 09:00:00 -0000

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.

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James L. Gibson and Michael J. Nelson, "Judging Inequality: State Supreme Courts and the Inequality Crisis" (Russell Sage, 2021)

Mon, 12 Feb 2024 09:00:00 -0000

Soaring levels of political, legal, economic, and social inequality have been documented by social scientists – but the public conversation and scholarship on inequality has not examined the role of state law and state courts in establishing policies that significantly affect inequality. Political scientists James L. Gibson and Michael J. Nelson analyze their original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century to demonstrate how state high courts craft policy. The fifty state supreme courts shape American inequality in two ways: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as "upperdogs").

The book focuses on court-made public policy on issues including educational equity and adequacy, LGBTQ+ rights, and worker's rights. The conventional wisdom assumes that courts protect underdogs from majorities but Gibson and Nelson demonstrate that judges most often favor dominant political elites and coalitions. As such, courts are unlikely to serve as an independent force against the rise of inequality in the United States.

James Gibson is the Sidney W. Souers Professor of Government at Washington University in Saint Louis. His research interests are in Law and Politics, Comparative Politics, and American Politics.

Michael Nelson is a Professor of Political Science at Penn State University. He studies judicial politics and U.S. state politics, especially public attitudes toward law and courts, judicial behavior, and the politics of court reform. Michael was a guest on the New Books Network for the The Elevator Effect, a book he co-wrote with Morgan Hazelton and Rachael K. Hinkle in 2023.

In the podcast, we mention Dr. Gibson’s brand new article regarding the Dobbs abortion case: “Losing legitimacy: The challenges of the Dobbs ruling to conventional legitimacy theory” from the American Journal of Political Science.

Daniela Lavergne served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Kerstin Bree Carlson, "The Justice Laboratory: International Law in Africa" (Brookings Institution Press, 2022)

Fri, 09 Feb 2024 09:00:00 -0000

Ever since World War II, the United Nations and other international actors have created laws, treaties, and institutions to punish perpetrators of genocide, war crimes, and crimes against humanity. These efforts have established universally recognized norms and have resulted in several high-profile convictions in egregious cases. But international criminal justice now seems to be a declining force—its energy sapped by long delays in prosecutions, lagging public attention, and a globally rising authoritarianism that disregards legal niceties.

The Justice Laboratory: International Law in Africa (Brookings Institution, 2022) by Dr. Kristin Bree Carlson reviews five examples of international criminal justice as they have been applied across Africa, where brutal civil conflicts in recent decades resulted in varying degrees of global attention and action. Written in an accessible style, this book explores the connections between politics and the doctrine of international criminal law. Highlighting little-known institutional examples and under-discussed political situations, the book contributes to a broader international understanding of African politics and international criminal justice, as well as the lessons the African experiences offer for other regions.

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Calvin John Smiley, "Purgatory Citizenship: Reentry, Race, and Abolition" (U California Press, 2023)

Wed, 07 Feb 2024 09:00:00 -0000

In Purgatory Citizenship: Reentry, Race, and Abolition (University of California Press, 2023), Calvin John Smiley explores the lives of people who were formerly incarcerated and the many daunting challenges they face. Those being released from prison must navigate the reentry process with diminished legal rights and amplified social stigmas, in a journey that is often confusing, complex, and precarious.

Calvin John Smiley is an Associate Professor of Sociology at Hunter College, City University of New York.

Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com.

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Jessica Hinchy, "Governing Gender and Sexuality in Colonial India: The Hijra, c.1850-1900" (Cambridge UP, 2019)

Mon, 05 Feb 2024 09:00:00 -0000

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.

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George Fisher, "Beware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs" (Oxford UP, 2024)

Sat, 03 Feb 2024 09:00:00 -0000

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Chrystin Ondersma, "Dignity Not Debt: An Abolitionist Approach to Economic Justice" (U California Press, 2024)

Sat, 03 Feb 2024 09:00:00 -0000

American households have a debt problem. The problem is not, as often claimed, that Americans recklessly take on too much debt. The problem is that US debt policies have no basis in reality. Weaving together the histories and trends of US debt policy with her own family story, Chrystin Ondersma debunks the myths that have long governed debt policy, like the belief that debt leads to prosperity or the claim that bad debt is the result of bad choices, both of which nest in the overarching myth of a free market unhindered by government interference and accessible to all.

In Dignity Not Debt: An Abolitionist Approach to Economic Justice (U California Press, 2024), Ondersma offers a compelling, flexible, and reality-based taxonomy rooted in the internationally recognized principle of human dignity. Ondersma's new categories of debt--grounded in abolitionist principles--revolutionize how policymakers are able to think about debt, which will in turn revolutionize the American debt landscape itself.

Stephen Pimpare is a Senior Fellow at the Carsey School of Public Policy at the University of New Hampshire.

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Shibani Mahtani and Timothy McLaughlin, "Among the Braves: Hope, Struggle, and Exile in the Battle for Hong Kong and the Future of Global Democracy" (Hachette, 2023)

Fri, 02 Feb 2024 09:00:00 -0000

In Among the Braves Hope, Struggle, and Exile in the Battles for Hong Kong and the Future of Global Democracy (Hachette, 2023) Shibani Mahtani and Timothy McLaughlin tell the story of Hong Kong's demise from Two Systems to One Country through the eyes of some of its key actors in the 2019 Anti-Extradition protests. In their richly evocative narrative, Mahtani and McLaughlin draw on their on-the-ground reporting, and weave this through a historical account to foreground the fight of the frontline protestors, referred to in Cantonese as "The Braves", who felt they had no other choice but to resist Beijing's increasingly authoritarian governance.

In this interview, we discussed the way that the changing political landscape of Hong Kong is demonstrative of the fragility of democratic institutions. We spoke about attempts by Beijing to erase historical memory through the imposition of increasingly draconian laws. Mahtani and McLaughlin will provide listeners with insight as to why Hong Kong matters, and why the rest of the world should take notice of the global erosion of democratic freedoms.

Shibani Mahtani is an international investigative correspondent for the Washington Post. She was previously the Post's Hong Kong and Southeast Asia bureau chief and a correspondent for the Wall Street Journal based in Singapore, Yangon, and Chicago. Her Hong Kong coverage was honored with prizes including a Human Rights Press Award for an investigation into police misconduct.

Timothy McLaughlin is a prize-winning contributing writer for The Atlantic. Previously he worked for Reuters news agency. His work has also appeared in publications including WIRED, The Washington Post, The Los Angeles Times, and Prospect. He has won multiple awards for his Hong Kong coverage, including two Best in Business Awards from the Society for Advancing Business Editing, and is a two-time finalist for The Livingston Award for International Reporting.

Jane Richards is a Lecturer in Law at York Law School, UK.

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Matthew D. Lassiter, "The Suburban Crisis: White America and the War on Drugs" (Princeton UP, 2023)

Thu, 01 Feb 2024 09:00:00 -0000

Most accounts of post-1950s political history tell the story of of the war on drugs as part of a racial system of social control of urban minority populations, an extension of the federal war on black street crime and the foundation for the "new Jim Crow" of mass incarceration as key characteristics of the U.S. in this period. But as the Nixon White House understood, and as the Carter and Reagan administrations also learned, there were not nearly enough urban heroin addicts in America to sustain a national war on drugs.

The Suburban Crisis: White America and the War on Drugs (Princeton University Press, 2023) argues that the long war on drugs has reflected both the bipartisan mandate for urban crime control and the balancing act required to resolve an impossible public policy: the criminalization of the social practices and consumer choices of tens of millions of white middle-class Americans constantly categorized as "otherwise law-abiding citizens."" That is, the white middle class was just as much a target as minority populations. The criminalization of marijuana - the white middle-class drug problem - moved to the epicenter of the national war on drugs during the Nixon era. White middle-class youth by the millions were both the primary victims of the organized drug trade and excessive drug war enforcement, but policymakers also remained committed to deterring their illegal drug use, controlling their subculture, and coercing them into rehabilitation through criminal law. Only with the emergence of crack cocaine epidemic of the mid-1980s did this use of state power move out of suburbs and reemerge more dramatically in urban and minority areas.

This book tells a history of how state institutions, mass media, and grassroots political movements long constructed the wars on drugs, crime, and delinquency through the lens of suburban crisis while repeatedly launching bipartisan/nonpartisan crusades to protect white middle-class victims from perceived and actual threats, both internal and external. The book works on a national, regional, and local level, with deep case studies of major areas like San Francisco, LA, Washington, and New York. This history uses the lens of the suburban drug war to examine the consequences when affluent white suburban families serve as the nation's heroes and victims all at the same time, in politics, policy, and popular culture.

Matthew D. Lassiter is professor of history and Arthur F. Thurnau Professor at the University of Michigan, where he is co-director of the Carceral State Project.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Alan K. Chen and Justin Marceau, "Truth and Transparency: Undercover Investigations in the Twenty-First Century" (Cambridge UP, 2023)

Wed, 31 Jan 2024 09:00:00 -0000

Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable.

In Truth and Transparency: Undercover Investigations in the Twenty-First Century (Cambridge University Press, 2023), Dr. Alan K. Chen and Dr. Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely deﬁnes undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.

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Caitlin Killian, "Failing Moms: Social Condemnation and Criminalization of Mothers" (Polity Press, 2023)

Mon, 29 Jan 2024 09:00:00 -0000

The role of mother is often celebrated in the United States as the most important job in the world but Dr. Caitlin Killian argues that American motherhood is increasingly monitored and perilous. From preconception, through pregnancy, and while parenting, she argues that women are held to ever-higher standards and punished – both socially and criminally – for failing to live up to these norms.

Using historical accounts, public health pronouncements, social psychological research, and course cases, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity Press, 2023) documents how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, Dr. Killian argues that all moms are in jeopardy, whether they realize it or not. Women and mothers are disproportionately held accountable compared to men and fathers who do not see their reproduction policed and almost never incur charges for “failure to protect.” The gendered inequality of prosecutions reveals them to be more about controlling women than protecting children. Other books have examined the specific risks to either pregnant or parenting women – but few connect the issues – and that is Dr. Killian’s goal. Using a reproductive justice lens, she analyzes the extent of the crisis and what must change to prevent mass penalization and provide resources to allow people to mother well.

Dr. Caitlin Killian is a professor of sociology at Drew University specializing in gender, families, reproduction, and immigration. She has worked as a consultant for the United Nations, developing the module on sexual and reproductive health and rights for UN staff training and co-authoring a UNDP report on Syrian refugee women. Her articles have appeared in Contexts magazine and The Conversation, and she has published in numerous academic journals about adoption, overblown warnings about women’s alcohol consumption during pregnancy, sexual and reproductive health and justice, and immigrant and refugee women.

Dr. Killian mentions:

Michele Goodwin, Policing the Womb: Invisible Women and the Criminalization of Motherhood
Renee Almeling, GUYnecology: The Missing Science of Men’s Reproductive Health
Jeanne Flavin, Our Bodies, Our Crimes: The Policing of Women's Reproduction
Miranda R. Waggoner, The Zero Trimester: Pre-Pregnancy Care and the Politics of Reproductive Risk
Cynthia Daniels, Exposing Men: The Science and Politics of Male Reproduction
Kim Brooks, Small Animals: Parenthood in the Age of Fear

George Lobis served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Sandro Galea, "Within Reason: A Liberal Public Health for an Illiberal Time" (U Chicago Press, 2023)

Sun, 28 Jan 2024 09:00:00 -0000

A provocative chronicle of how US public health has strayed from its liberal roots.

The Covid-19 response was a crucible of politics and public health—a volatile combination that produced predictably bad results. As scientific expertise became entangled with political motivations, the public-health establishment found itself mired in political encampment.

It was, as Sandro Galea argues, a crisis of liberalism: a retreat from the principles of free speech, open debate, and the pursuit of knowledge through reasoned inquiry that should inform the work of public health.

Across fifty essays, Within Reason: A Liberal Public Health for an Illiberal Time (U Chicago Press, 2023) chronicles how public health became enmeshed in the insidious social trends that accelerated under Covid-19. Galea challenges this intellectual drift towards intolerance and absolutism while showing how similar regressions from reason undermined social progress during earlier eras. Within Reason builds an incisive case for a return to critical, open inquiry as a guiding principle for the future public health we want—and a future we must work to protect.

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Rachel Nolan, "Until I Find You: Disappeared Children and Coercive Adoptions in Guatemala" (Harvard UP, 2024)

Sun, 28 Jan 2024 09:00:00 -0000

The poignant saga of Guatemala's adoption industry: an international marketplace for children, built on a foundation of inequality, war, and Indigenous dispossession. In 2009 Dolores Preat went to a small Maya town in Guatemala to find her birth mother. At the address retrieved from her adoption file, she was told that her supposed mother, one Rosario Colop Chim, never gave up a child for adoption--but in 1986 a girl across the street was abducted. At that house, Preat met a woman who strongly resembled her. Colop Chim, it turned out, was not Preat's mother at all, but a jaladora--a baby broker. Some 40,000 children, many Indigenous, were kidnapped or otherwise coercively parted from families scarred by Guatemala's civil war or made desperate by unrelenting poverty. Amid the US-backed army's genocide against Indigenous Maya, children were wrested from their villages and put up for adoption illegally, mostly in the United States.

During the war's second decade, adoption was privatized, overseen by lawyers who made good money matching children to overseas families. Private adoptions skyrocketed to the point where tiny Guatemala overtook giants like China and Russia as a "sender" state. Drawing on government archives, oral histories, and a rare cache of adoption files opened briefly for war crimes investigations, Rachel Nolan explores the human toll of an international industry that thrives on exploitation. Would-be parents in rich countries have fostered a commercial market for children from poor countries, with Guatemala becoming the most extreme case. Until I Find You: Disappeared Children and Coercive Adoptions in Guatemala (Harvard UP, 2024) reckons with the hard truths of a practice that builds loving families in the Global North out of economic exploitation, endemic violence, and dislocation in the Global South.

Rachel Nolan is Contributing Editor at Harper’s Magazine and has written for the New Yorker, the London Review of Books, the New York Times, the New York Review of Books, and the Salvadoran investigative news outlet El Faro. She is Assistant Professor of International Relations at Boston University.

Katie Coldiron is the Outreach Program Manager for the Digital Library of the Caribbean (dLOC) and PhD student in History at Florida International University.

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Bruce Wardhaugh, "Competition Law in Crisis: The Antitrust Response to Economic Shocks" (Cambridge UP, 2022)

Fri, 26 Jan 2024 09:00:00 -0000

In recent years, government agencies around the world have been forced to consider the role of competition law and policy in addressing various crises, including the COVID-19 pandemic and the 2008 financial collapse. There is no easy formula that a competition agency can apply to determine the appropriate response to a crisis; indeed, there is substantial debate about the issue. One common criticism of competition law and policy is that usually it is too inflexible to deal with a crisis, prohibiting an adequate response to economic and industrial shocks.

Bruce Wardhaugh's Competition Law in Crisis: The Antitrust Response to Economic Shocks (Cambridge UP, 2022) challenges this notion by examining competition responses to crises past and present. With an analysis that spans the response of UK and EU competition authorities to the economic and commercial fallout of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis, Professor Wardhaugh argues that relaxing competition law is precisely the wrong response. The rigidity of competition rules in the UK and EU has both normative and positive implications for not just the methodology used in competition analysis, but also the role of competition law within the legal order of both jurisdictions.

Mark Niefer is a lawyer and economist who has served the Antitrust Division of the U.S. Department of Justice in a variety of key roles over the last 25+ years. He presently is an International Advisor at the Antitrust Division, focused on digital market issues; he also is an Adjunct Professor of Law at Antonin Scalia Law School - George Mason University, where he teaches an advanced antitrust seminar on mergers.

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David J. Brick, "Widows Under Hindu Law" (Oxford UP, 2023)

Thu, 25 Jan 2024 09:00:00 -0000

During British colonial rule in India, the treatment of high-caste Hindu widows became the subject of great controversy. Such women were not permitted to remarry and were offered two options: a life of seclusion and rigorous asceticism or death on the funeral pyre of a deceased husband. Was this a modern development, or did it date from the classical period? In Widows Under Hindu Law (Oxford UP, 2023), David Brick offers an exhaustive history of the treatment and status of widows under classical Hindu law, or Dharmasastra as it is called in Sanskrit, which spanned approximately the third century BCE to the eighteenth-century CE.

Under Dharmasastra, Hindu jurists treated at length and at times hotly debated four widow-related issues: widow remarriage and levirate, a widow's right to inherit her husband's estate, widow-asceticism, and sati. Each of the book's chapters examine these issues in depth, concluding with an appendix that addresses a widow's right to adopt a son-a fifth widow-related issue that became the topic of discussion in late Dharmasastra works and was a significant point of legal contentions during the colonial period. When read critically and historically, works of Dharmasastra provide a long and detailed record of the prevailing legal and social norms of high-caste Hindu society. Widows Under Hindu Law uses lengthy English translations of important passages from Hindu legal texts to present a largescale narrative of the treatment of widows under the Hindu legal tradition.

This book is available open access here.

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Loka Ashwood et al., "Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm" (UNC Press, 2023)

Wed, 24 Jan 2024 09:00:00 -0000

Since the late 1970s, Right to Farm Laws have been adopted by states across the US to limit nuisance lawsuits against farmers engaged in standard agricultural practices. But who really benefits from Right to Farm Laws? And what can be done to promote real agricultural, rural, and environmental justice? Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm (UNC Press, 2023) offers valuable history and incisive commentary on these questions.

Since their adoption, there has yet to be a comprehensive analysis of what Right to Farm laws do and who they benefit. This book offers the first national analysis and guide to these laws. It reveals that they generally benefit the largest operators, like processing plants, while traditional farmers benefit the least. Disfavored most of all are those seeking to defend their homes and environment against multinational corporations that use right-to-farm laws to strip neighboring owners of their property rights. Through what the book calls the "midburden," right-to-farm laws dispossess the many in favor of the few, paving the path to rural poverty.

Empty Fields, Empty Promises summarizes every state's right-to-farm laws to help readers track and navigate their local and regional legal landscape. The book concludes by offering paths forward for a more distributed and democratic agrifood system that achieves agricultural, rural, and environmental justice.

The book is available for purchase or for FREE as an Open Access eBook from the University of North Carolina Press.

Loka Ashwood is associate professor of sociology at the University of Kentucky. Her work develops action-centered methodologies that help frontline communities overcome environmental injustices and strengthen democracy. She is the author of For-Profit Democracy: Why the Government Is Losing the Trust of Rural America (2018) and co-author of An Invitation to Environmental Sociology (6th Edition, 2020).
Aimee Imlay is assistant professor of sociology at Mississippi State University.
Lindsay Kuehn is a public defender in Ramsey County, Minnesota, and a staff attorney with the Farmers' Legal Action Group.
Allen Franco is an assistant federal public defender for the districts of Massachusetts, New Hampshire, and Rhode Island.
Danielle Diamond is a visiting fellow at the Brooks McCormick Jr. Animal Law and Policy Program at Harvard Law School.

Garrett Broad is Associate Professor of Communication Studies in Rowan University’s Edelman College of Communication & Creative Arts, where he also serves as Provost’s Fellow in the Catalysts for Sustainability Initiative. His research and teaching explore the connections between contemporary social movements, food systems, and digital media technology. He is the author of More Than Just Food: Food Justice and Community Change, as well as a variety of articles on food's relationship to environmental sustainability, economic equity, and the health of humans and nonhuman animals.

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Cornelia Woll, "Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets" (Princeton UP, 2023)

Tue, 23 Jan 2024 09:00:00 -0000

Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalisation and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries.

In Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets (Princeton University Press, 2023), Dr. Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets.

Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Dr. Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.

This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Robert C. Post, "The Taft Court (10): Making Law for a Divided Nation, 1921–1930" (Cambridge UP, 2023)

Fri, 19 Jan 2024 09:00:00 -0000

Robert C. Post's book The Taft Court (10): Making Law for a Divided Nation, 1921–1930 (Cambridge UP, 2023) offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago.

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Aimee Loiselle, "Beyond Norma Rae: How Puerto Rican and Southern White Women Fought for a Place in the American Working Class" (UNC Press, 2023)

Wed, 17 Jan 2024 09:00:00 -0000

In the late 1970s, Hollywood producers took the published biography of Crystal Lee Sutton, a white southern textile worker, and transformed it into a blockbuster 1979 film, Norma Rae, featuring Sally Field in the title role. This fascinating book reveals how the film and the popular icon it created each worked to efface the labor history that formed the foundation of the film's story. Drawing on an impressive range of sources--union records, industry reports, film scripts, and oral histories--Aimee Loiselle's cutting-edge scholarship shows how gender, race, culture, film, and mythology have reconfigured and often undermined the history of the American working class and their labor activism.

While Norma Rae constructed a powerful image of individual defiance by a white working-class woman, Loiselle's Beyond Norma Rae: How Puerto Rican and Southern White Women Fought for a Place in the American Working Class (University of North Carolina Press, 2023) demonstrates that female industrial workers across the country and from diverse racial backgrounds understood the significance of cultural representation and fought to tell their own stories. Loiselle painstakingly reconstructs the underlying histories of working women in this era and makes clear that cultural depictions must be understood as the complicated creations they are.

Aimee Loiselle is assistant professor of history at Central Connecticut State University.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Paul Gowder, "The Networked Leviathan: For Democratic Platforms" (Cambridge UP, 2023)

Wed, 17 Jan 2024 09:00:00 -0000

Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet, so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies.

In The Networked Leviathan: For Democratic Platforms (Cambridge UP, 2023), Paul Gowder argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity.

This book is also available open access on Cambridge Core.

Paul Gowder is Professor of Law and Associate Dean of Research and Intellectual Life at Northwestern University's Pritzker School of Law and a Founding Fellow of the Integrity Institute. He is the author of The Rule of Law in the Real World and The Rule of Law in the United States: An Unfinished Project of Black Liberation.

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Alexandra Filindra, "Race, Rights, and Rifles: The Origins of the NRA and Contemporary Gun Culture" (U Chicago Press, 2023)

Mon, 15 Jan 2024 09:00:00 -0000

The United States has more guns than people and more gun violence than any Western democracy. Scholars in diverse fields interrogate why 21st century Americans support gun ownership and valorize vigilantism even as they fear gun violence. Many question how the NRA – National Rifle Association – has successfully lobbied for radical gun laws that most Americans don’t support.

In Race, Rights, and Rifles: The Origins of the NRA and Contemporary Gun Culture (U Chicago Press, 2023), Dr. Alexandra Filindra highlights political culture. She argues that the NRA depends upon political narratives that can be traced back to the American Revolution. Rather than focus on the constitution, Lockean liberalism, rule of law, or individual rights, she argues that the American Revolution depended upon classical republican ideals – especially the martial virtue of the citizen-soldier – that became foundational to American democracy. American gun culture fuses the republican citizen-soldier with White male supremacy to create what Filindra calls ascriptive martial republicanism. Her book demonstrates how the militarized understandings of political membership prominent in NRA narratives and embraced by many White Americans fit within this broader revolutionary ideology.

Even as contemporary NRA narratives embrace 18th and 19th century versions of ascriptive martial republicanism, the NRA radically decouples political virtue and military service by associating virtue with the consumer act of purchasing a firearm. Rather than emphasizing military service or preparedness, consumer choice defines the politically virtuous citizen.

White Amerians embrace this combination of civic republicanism and White male supremacy but Filindra’s research shows that they also hold a competing form of republicanism (inclusive republicanism) that includes a commitment to peaceful political engagement, civic forms of voluntarism and participation, and a strong belief in multiculturalism.

In the podcast, Susan mentions previous podcasts on Katherine Franke’s Repair: Redeeming the Promise of Abolition and Drew McKevitt’s Gun Country: Gun Capitalism, Culture, and Control in Cold War America.

Dr. Alexandra Filindra is an Associate Professor of Political Science and Psychology at the University of Illinois Chicago. She specializes in American gun politics, immigration policy, race and ethnic politics, public opinion, and political psychology.

George Lobis served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Patricio Simonetto, "A Body of One's Own: A Trans History of Argentina" (U Texas Press, 2024)

Mon, 15 Jan 2024 09:00:00 -0000

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own: A Trans History of Argentina (University of Texas Press, 2024) places the histories of trans bodies at the core of modern Argentinian history. Dr. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone.

A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.

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Justine Nolan and Martijn Boersma, "Addressing Modern Slavery" (UNSW Press, 2019)

Sun, 14 Jan 2024 09:00:00 -0000

Before you left your house this morning, chances are that you used products and consumed goods that were produced by modern slavery. From the coffee you drink, to the clothes and shoes that you wear, to the phone that you use, modern slavery is a pervasive global problem that encroaches into the daily lives of all of us.

In Addressing Modern Slavery (UNSW Press, 2019), Professor Justine Nolan and Associate Professor Martijn Boersma provide a comprehensive and accessible account of the role of businesses, governments and consumers in the proliferation of modern slavery. They address both the gaps in protection of workers in the global supply chain, and what more can be done to protect the dignity and human rights who are denied the chance to earn a decent living. In today's conversation, we spoke about the emergence of corporate social conscience, the work that laws can do, the role that civil society can play, and a need for better enforcement mechanisms which will adequately address modern slavery. This is a really important book about a global phenomenon that is unsustainable. A must read for businesses, governments and consumers.

Professor Justine Nolan is the Director of the Australian Human Rights Institute and a Professor in the Faculty of Law and Justice at UNSW Sydney. Her research focuses on the intersection of business and human rights, in particular, supply chain responsibility for human rights and modern slavery.

Dr. Martijn Boersma is an Associate Professor at the University of Notre Dame Australia and an Adjunct Fellow at the University of Technology Business School. His research focuses on the intersection of business and society, and includes areas such as labour standards in supply chains; corporate governance and social responsibility; gender diversity in corporate leadership; modern slavery; and employment and industrial relations.

Jane Richards is a Lecturer in Law at York Law School, UK.

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Sam Lebovic, "State of Silence: The Espionage Act and the Rise of America's Secrecy Regime" (Basic Book, 2023)

Fri, 12 Jan 2024 09:00:00 -0000

In State of Silence: The Espionage Act and the Rise of America's Secrecy Regime (Basic Books, 2023), political historian Dr. Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to baulk at the act’s restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad.

Shedding new light on the bloated governmental security apparatus that’s weighing our democracy down, State of Silence offers the definitive history of America’s turn toward secrecy—and its staggering human costs.

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Judith Surkis, "Sex, Law, and Sovereignty in French Algeria, 1830-1930" (Cornell UP, 2019)

Fri, 12 Jan 2024 09:00:00 -0000

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).

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Eva van Roekel, "Phenomenal Justice: Violence and Morality in Argentina" (Rutgers UP, 2020)

Thu, 11 Jan 2024 09:00:00 -0000

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.

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Steven Rogers, "Accountability in State Legislatures" (U Chicago Press, 2023)

Mon, 08 Jan 2024 09:00:00 -0000

Political Scientist Steven Rogers’ new book focuses on the deceptively complex question of how it is that voters do or don’t/can and can’t hold their elected state representatives accountable. Rogers takes his jumping off point from the basic understanding of the relationship between the voter and their elected representatives: namely that the election process will, in some way, act as a means of making the elected official in state government accountable to the voters, who cast their ballots for or in opposition to that elected representative. State house elected officials across the United States are, indeed, closer in proximity to the people they are elected to represent and govern; and the legislation and regulations passed by state legislators generally impact us more directly and more frequently than do national-level laws, regulations, or decisions. And while there is a of literature focusing on state and local politics, the unique approach of Rogers’ research focuses specifically on the state legislatures, how the elites and voters act in elections, and if we can actually see accountability demonstrated in these interactions and connections.

Accountability in State Legislatures (U Chicago Press, 2023) is guided by the foundational question of representative democracy—and the connection between voters and their immediate representatives, as opposed to those in Washington, D.C. Rogers has compiled an extensive data set that pulls in general election results across the states, as well as primary election results. The data also includes legislative performance by elected state house representatives and integrates partisanship as well as the roll call votes by elected officials. Rogers also tries to evaluate the effectiveness of elected officials, examining how successful each individual is in getting something through the legislative process. Accountability in State Legislatures ultimately finds that accountability is more absent than it is present, given that state legislators often lack challengers in either the primary or the general elections, their seats tend to be fairly safe, and the decline in media reporting at state houses across the country has made it more difficult for voters to keep an eye on their elected representatives. Federalism has always been a complex and multi-layered form of government, and Rogers work reflects the difficulty that voters have in being able to pay close attention to the action in state houses. But this is not a story about the voters lack of engagement—though there is some of that—it is more that the modes for accountability in state legislatures or the “threats of accountability can create a false sense of security and be dangerous both to everyday life and representative government” (264).

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Rita Kesselring, "Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa" (Stanford UP, 2017)

Mon, 08 Jan 2024 09:00:00 -0000

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).

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Gary Shiffman, "The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism" (Cambridge UP, 2019)

Wed, 03 Jan 2024 09:00:00 -0000

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.

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Robert N. Gross, “Public vs. Private: The Early History of School Choice in America” (Oxford UP, 2018)

Wed, 03 Jan 2024 09:00:00 -0000

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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Abdullahi Ahmed An-Naim, "Decolonizing Human Rights" (Cambridge UP, 2021)

Wed, 03 Jan 2024 09:00:00 -0000

In his extensive body of work, Professor Abdullahi Ahmed An-Naim challenges both historical interpretations of Islamic Sharia and neo-colonial understanding of human rights. To advance the rationale of scholarship for social change, An-Naim proposes advancing the universality of human rights through internal discourse within Islamic and African societies and cross-cultural dialogue among human cultures. This book proposes a transformation from human rights organized around a state determined practice to one that is focused on a people-centric approach that empowers individuals to decide how human rights will be understood and integrated into their communities. Decolonizing Human Rights (Cambridge UP, 2021) aims to illustrate the decisive role of human agency on the subject of change, without implying that Islamic or any other society are exceptionally disposed to politically motivated violence and consequent profound political instability.

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.

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Martha C. Nussbaum, "Justice for Animals: Our Collective Responsibility" (Simon & Schuster, 2022)

Tue, 02 Jan 2024 09:00:00 -0000

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.

Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions.

In Justice for Animals (Simon & Schuster, 2023), one of the world’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flourishing in their own way. Humans have a collective duty to face and solve animal harm. An urgent call to action and a manual for change, Nussbaum’s groundbreaking theory directs politics and law to help us meet our ethical responsibilities as no book has done before.

Martha C. Nussbaum is currently the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Department of Philosophy and the Law School.

Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin).

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Stephen M. Engel and Timothy S. Lyle, "Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives" (NYU Press, 2021)

Tue, 02 Jan 2024 09:00:00 -0000

Scholars Stephen Engel and Timothy Lyle have a new book that dives into the thinking around power, political and cultural progress, and the LGBTQ+ communities in the United States. This book is fascinating and important in examining not only policy developments around rights and full citizenship for members of the LGBTQ+ communities, but also how these discussions and dialogues shape thinking about access to rights and dimensions of full citizenship. The overarching title of the book, Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives (NYU Press, 2021), gets to the heart of the rhetoric in the debate, specifically this concept of “dignity” and how dignity has become a particularly thorny component of defining out political, legal, and civil rights for the LGBTQ+ community.

Both Engel and Lyle note that they found the term dignity very clearly associated with the legal reasoning in judicial opinions around LGBTQ+ rights, that it was a celebrated status, and that while it was more commonly used in international political rhetoric or in the legal dialogue in other countries, it is far less common in the United States and the U.S. legal tradition. And yet, it kept getting connected to the expansion of LGBTQ+ rights. Often, we think of dignity as an unalloyed good, but Engel and Lyle, as they start to unpack the way in which this term and concept are used, begin to reconsider exactly how and why this term, dignity, is also so often connected with LGBTQ+ communities, and not as connected to other communities and their legal, political, and civil rights. Engel and Lyle consider the way in which dignity is bestowed by the state, and in this way, how it becomes a tool of power. There is also the question of whether the way in which dignity is integrated into legal decisions helps to widen out equality, or does it instead redefine boundaries of otherness and inequality.

In exploring the concept of dignity, especially as it has been connected to the expansion of LGBTQ+ rights, Engel and Lyle take the reader through three different case studies that examine the evolving rights status and rhetorical presentations of these kinds of dialogues and representations. These three case studies are kind of dialectics, in that they present two sides, often in tension with each other, wrestling with the power of the state, the individual’s rights, the social and cultural understandings of these situations, and the evolving outcomes. The first case study focuses in on the Politics of Public Health from AIDS to PREP. The second section of the book takes up popular culture representations of dignity—wrestling with the concept of sameness (in Love, Simon) in contrast with queer excess (in Pose). The final section of the book, and the part that might be of most interest to legal scholars, is the role of the courts in defining dignity in judicial opinions. This section also leads into the conclusion, as the authors take up the ongoing tension around the concept, implications, and use of dignity in regard to full citizenship, rights, and LGBTQ+ communities. Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives is a compelling exploration of the rights regimes in the United States and how the Constitution, the current cultural milieu, and the historical role of the state and state power have all contributed to this evolving question of full citizenship.

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Justin Marceau, "Beyond Cages: Animal Law and Criminal Punishment" (Cambridge UP, 2019)

Sun, 31 Dec 2023 09:00:00 -0000

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.

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Claudia Smith Brinson, "Stories of Struggle: The Clash over Civil Rights in South Carolina" (U South Carolina Press, 2020)

Fri, 29 Dec 2023 09:00:00 -0000

In Stories of Struggle: The Clash over Civil Rights in South Carolina (U South Carolina Press, 2020), longtime journalist Claudia Smith Brinson details the lynchings, beatings, bombings, cross burnings, death threats, arson, and venomous hatred that black South Carolinians endured―as well as the astonishing courage, devotion, dignity, and compassion of those who risked their lives for equality.

Through extensive research and interviews with more than one hundred fifty civil rights activists, many of whom had never shared their stories with anyone, Brinson chronicles twenty pivotal years of petitioning, preaching, picketing, boycotting, marching, and holding sit-ins. Participants' use of nonviolent direct action altered the landscape of civil rights in South Carolina and reverberated throughout the South.

These firsthand accounts include those of the unsung petitioners who risked their lives by supporting Summerton's Briggs v. Elliot, a lawsuit that led to the historic Brown v. Board of Education decision; the thousands of students who were arrested and jailed in 1960 for protests in Rock Hill, Orangeburg, Denmark, Columbia, and Sumter; and the black female employees and leaders who defied a governor and his armed troops during the 1969 hospital strike in Charleston.

Brinson also highlights contributions made by remarkable but lesser-known activists, including James M. Hinton Sr., president of the South Carolina Conference of Branches of the National Association for the Advancement of Colored People; Thomas W. Gaither, Congress of Racial Equality field secretary and scout for the Freedom Rides; Charles F. McDew, a South Carolina State College student and co-founder of the Student Nonviolent Coordinating Committee; and Mary Moultrie, grassroots leader of the 1969 hospital workers' strike.

These intimate stories of courage and conviction, both heartbreaking and inspiring, shine a light on the progress achieved by nonviolent civil rights activists while also revealing white South Carolinians' often violent resistance to change. Although significant racial disparities remain, the sacrifices of these brave men and women produced real progress―and hope for the future. For more information on this book, see storiesofstruggle.com

Matt Simmons is an Assistant Professor of History at Emmanuel University where he teaches course in U.S. and public history. His research interests focus on the intersection of labor and race in the twentieth-century American South. You can follow him on X @matthewfsimmons.

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David T. Beito, "The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance" (Independent Institute, 2023)

Wed, 27 Dec 2023 09:00:00 -0000

The legacy of President Franklin D. Roosevelt enjoys regular acclaim from historians, politicians, and educators. Lauded for his New Deal policies, leadership as a wartime president, cozy fireside chats, and groundbreaking support of the "forgotten man," FDR, we have been told, is worthy of the same praise as men like Washington, Jefferson, and Lincoln.... But is that true? Does the father of today's welfare state really deserve such generous approbation? Or is there a dark side to this golden legacy? The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance (Independent Institute, 2023) unveils a much different portrait than the standard orthodoxy found in today's historical studies.

Deploying an abundance of primary source evidence and well-reasoned arguments, historian and distinguished professor emeritus David T. Beito masterfully presents a complete account of the real Franklin D. Roosevelt: a man who abused power, violated human rights, targeted dissidents, and let his crude racism imprison American citizens merely for being of Japanese descent.

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The Future of Migration: A Discussion with Hein de Haas

Sat, 23 Dec 2023 09:00:00 -0000

Immigration has become one of the biggest issues in all western democracies. And the debate is so charged it's hard to know who to believe. Which is why Hein de Haas has written How Migration Really Works: The Facts About the Most Divisive Issue in Politics (Basic Books, 2023). Listen to him bust some myths 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.

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Emily Horowitz, "From Rage to Reason: Why We Need Sex Crime Laws Based on Facts, Not Fear" (Bloomsbury, 2023)

Wed, 20 Dec 2023 09:00:00 -0000

In her book From Rage to Reason: Why We Need Sex Crime Laws Based on Facts, Not Fear (Bloomsbury Academic, 2023), Emily Horowitz shows how current sex-offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable.

Emily Horowitz is professor of sociology and criminal justice at St. Francis College in Brooklyn, NY.

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Speech Unbound: A Conversation with Nadine Strossen

Tue, 19 Dec 2023 09:00:00 -0000

What (and why) can and can't we say? What do empirical examples both at home and abroad tell us about how we should protect freedom of speech? How do we create an environment where speech is not only permitted but encouraged? Does freedom of speech bring people together or sow discord? Nadine Strossen, former president of the ACLU and Professor Emerita at New York Law School, brings her decades of expertise to bear explaining why freedom of speech is foundational to so many other fundamental rights.

Nadine Strossen is Professor Emerita at New York Law School, and was national President of the American Civil Liberties Union from 1991-2008. She is a Senior Fellow with FIRE (the Foundation for Individual Rights and Expression) and a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions. She is the author of HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford UP, 2018) and Free Speech: What Everyone Needs to Know (Oxford UP, 2023). She is the Host and Project Consultant for Free To Speak, a 3-hour documentary film series released in October. You can also find her remarks "Current Free Speech Controversies" with the Madison Program here.

Here are some examples of studies, referenced at the end of the episode, demonstrating links between words a language has for colors and how those colors are perceived by speakers, for Russian and for Chinese and Mongolian.

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.

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Tom Buitelaar, "Assisting International Justice: Cooperation Between UN Peace Operations and the International Criminal Court in the Democratic Republic of Congo" (Oxford UP, 2023)

Tue, 19 Dec 2023 09:00:00 -0000

Although the International Criminal Court (ICC) - as the only permanent international court that addresses crimes against humanity, genocide, and war crimes - has important potential to end impunity and find justice for victims of atrocities, it is dependent on others for almost all aspects of its functioning. The Court has frequently relied on the peacekeeping operations that the UN deploys in the field and, over the past two decades, UN peacekeepers have provided logistical assistance and security to Court investigators, shared large amounts of information, and have even been involved in the arrest of Court suspects. But their track record has been inconsistent: they have sometimes refused to take action against people accused of war crimes and have found it difficult to balance their impartiality with court prosecutions. Despite the empirical importance of this phenomenon, we know preciously little about the circumstances under which it occurs.

In Assisting International Justice: Cooperation Between UN Peace Operations and the International Criminal Court in the Democratic Republic of Congo (Oxford University Press, 2023), Dr. Tom Buitelaar reveals the conditions under which UN peacekeepers address impunity in their mission areas. He presents an original single-country case study of assistance provided by the UN mission in the Democratic Republic of the Congo and a plausibility probe of other peace operations in ICC situation countries. Relying on new empirical material, including over 130 interviews of key decision-makers, and comprehensive archival research, this scholarly volume explores how the UN navigates the terrain of conflict mediation and punitive accountability and demonstrates the collaborative but contingent relationship between the UN and the ICC.

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Sara Chatfield, "In Her Own Name: The Politics of Women’s Rights Before Suffrage" (Columbia UP, 2023)

Mon, 18 Dec 2023 09:00:00 -0000

We often narrate the history of women’s rights in the United States by focusing on the fight for suffrage. Yet starting as early as 1835, states expanded married women’s economic rights. How were these statutes passed at a time when women’s political power was severely constrained, including no right to vote in most states? With limited national coordination?

In In Her Own Name: The Politics of Women’s Rights Before Suffrage (Columbia UP, 2023), Dr. Sara Chatfield argues that married women’s property rights reform occurred through a two-level process. Within each state, policy developed and cycled through different state-level institutions. Without explicit coordination, these policies spread throughout the states with institutional actors borrowing, copying, and learning from the successes and failures of other states – such that ALL states passed some reform by 1920. Dr. Chatfield’s important contribution to the American political development literature shows how male legislators pursued legislation that served their own interests and how state legislatures and courts interacted to create property reforms essential to changing economics, the project of permanently seizing land from Native people, and protecting slaveholding women and families from economic instability. The reform of property rights included both property as a commodity and also a means of social control and order. Dr. Chatfield’s book furthers our understanding of how gender, federalism, and liberalism interacted in the development of state power.

In the podcast, Dr. Chatfield generously cites the works of others including Disenfranchising Democracy: Constructing the Electorate in the United States, the United Kingdom, and France (my NBN interview with Dr. Bateman here), Emily Zackin and Chloe N. Thurston’s The Political Development of American Debt Relief (Chicago), and Alena Wolflink’s Claiming Value:The Politics of Priority from Aristotle to Black Lives Matter (Routledge).

Dr. Sara Chatfield is an assistant professor of political science at the University of Denver, where she teaches classes on American politics and law. Her research interests focus on American politics, especially American political development, gender and politics, and methods.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Yasser Kureshi, "Seeking Supremacy: The Pursuit of Judicial Power in Pakistan" (Cambridge UP, 2022)

Mon, 18 Dec 2023 09:00:00 -0000

Seeking Supremacy: The Pursuit of Judicial Power in Pakistan (Cambridge University Press, 2022) discusses the emergence of the judiciary as an assertive and confrontational center of power which has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and develops a generalizable framework that can explain variation and change in judicial-military relations around the world.

Yasser Kureshi is a Department Lecturer in South Asian Studies at the Oxford School of Global and Area Studies, University of Oxford. Working at the intersection of political science and public law, his research looks at the politics of unelected state institutions outside democratic contexts. In particular, he studies the military and the judiciary and their impact on constitutional configurations and democratic outcomes in authoritarian and post-authoritarian states.

Syed Muhammad Khalid is a MSc student in Modern South Asian Studies at the University of Oxford as a Rhodes Scholar.

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Lynette J. Chua, "The Politics of Rights and Southeast Asia" (Cambridge UP, 2022)

Fri, 15 Dec 2023 09:00:00 -0000

The Politics of Rights and Southeast Asia (Cambridge UP, 2022) offers an empirically-grounded approach to understanding the mobilisation of rights in the region. Instead of deriving definitions of rights from abstract philosophical text, court verdicts or statutes, the book advances a socio-legal approach which considers rights as social practices that take meaning from the various ways in which people enact, mobilise, and practice these rights. In doing so, the book offers a point of view that goes beyond the liberal versus critical rights perspective debate.

The book is structured in three sections, with each section focusing on (1) the structural conditions that influence the emergence of rights mobilisation in the region; (2) the various ways in which people mobilise these rights; and (3) the consequences of these mobilisations. It concludes with a call to give rights a chance while embracing its incoherence.

Lynette J. Chua is Professor of Law at the National University of Singapore (NUS).

Like this interview? You may also be interested in:

Donald P. Haider-Markel and Jami K. Taylor, Transgender Rights and Politics (University of Michigan Press, 2014)
Rachel E Brulé, Women, Power, and Property (Cambridge University Press, 2020)

Nicole Curato is a Professor of Sociology in the Centre for Deliberative Democracy and Global Governance at the University of Canberra. She co-hosts the New Books in Southeast Asia Studies channel.

This episode was created in collaboration with Erron C. Medina of the Development Studies Program of Ateneo De Manila University and Nicole Anne Revita.

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Gary J. Bass, "Judgement at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023)

Fri, 15 Dec 2023 09:00:00 -0000

Judgement at Tokyo: World War II on Trial and the Making of Modern Asia (Knopf, 2023), a book ten years in the making, is the definitive account of the postwar trial of Japan’s leaders as war criminals, and the impact it had on the modern history of Asia.

Written by Gary Bass, Professor of Politics and International Affairs at Princeton University, the book shines a much-needed spotlight on the International Military Tribunal for the Far East, the criminal process historically overshadowed by its namesake in Nuremberg for the senior leaders of the Nazi regime in the Third Reich. In the weeks after Japan finally surrendered to the Allies to end World War II, the victorious powers turned to the question of how to move on from years of carnage and destruction. To them, it was clear that Japan’s militaristic leaders needed to be tried and punished for their crimes. For the Allied powers, the trials were an opportunity both to render judgment on their vanquished foes and to create a legal framework to prosecute war crimes and prohibit the use of aggressive war. For the Japanese leaders on trial, it was their chance to argue that their war had been waged to liberate Asia from Western imperialism and that the court was no more than victors’ justice. Professor Bass tells a meticulously-researched compelling story of wartime action, dramatic courtroom battles, and the epic formative years that set the stage for the postwar era in the Asia–Pacific. It should be required reading for anyone interested in the meaning and morality of international justice, in all its messy complexity and contradiction.

His recent publications include:

“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, forthcoming 2023, ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)
“International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387)

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Sally Frances Low, "Colonial Law Making: Cambodia Under the French" (NUS Press, 2023)

Fri, 15 Dec 2023 09:00:00 -0000

Patrick Jory teaches Southeast Asian History in the School of Historical and Philosophical Inquiry at the University of Queensland. He can be reached at: p.jory@uq.edu.au.

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Kathy Stuart, "Suicide by Proxy in Early Modern Germany: Crime, Sin and Salvation" (Palgrave Macmillan, 2023)

Wed, 13 Dec 2023 09:00:00 -0000

Suicide by Proxy became a major societal problem after 1650. Suicidal people committed capital crimes with the explicit goal of “earning” their executions, as a short-cut to their salvation. Desiring to die repentantly at the hands of divinely-instituted government, perpetrators hoped to escape eternal damnation that befell direct suicides.

In Suicide by Proxy in Early Modern Germany: Crime, Sin, and Salvation (Palgrave Macmillan, 2023), Kathy Stuart shows how this crime emerged as an unintended consequence of aggressive social disciplining campaigns by confessional states. Paradoxically, suicide by proxy exposed the limits of early modern state power, as governments struggled unsuccessfully to suppress the tactic. Some perpetrators committed arson or blasphemy, or confessed to long-past crimes, usually infanticide, or bestiality. Most frequently, however, they murdered young children, believing that their innocent victims would also enter paradise. The crime had cross-confessional appeal, as illustrated in case studies of Lutheran Hamburg and Catholic Vienna.

Jana Byars is an independent scholar located in Amsterdam.

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Melinda N. Ritchie, "Backdoor Lawmaking: Evading Obstacles in the US Congress" (Oxford UP, 2023)

Tue, 12 Dec 2023 09:00:00 -0000

Civics textbooks focus on how Congress makes policy through the legislative process, but the reality is that members of Congress have limited opportunities to advance their policy priorities. In fact, less than five percent of the bills that are introduced in Congress become law. Even the most tenacious legislators are confronted by bicameralism, partisan gridlock, chamber procedures, leadership's control of the agenda, and the diverse interests of 534 other members of Congress. What strategies do lawmakers have for navigating these challenges?

In Backdoor Lawmaking: Evading Obstacles in the US Congress (Oxford University Press, 2023), Dr. Melinda N. Ritchie reveals how members of Congress use the federal bureaucracy as a backdoor for policymaking. Today, more law in the United States is made by unelected bureaucrats through federal agency regulations than with congressional statute. Ritchie argues that the bureaucracy's growing role in policymaking offers lawmakers a discreet way to represent controversial interests outside of the formal constraints of Congress. Lawmakers overcome obstacles in the legislative process by substituting agency regulations for legislation and pressuring agencies to make policy changes that would not pass Congress.

Drawing on an original dataset constructed from records obtained under the Freedom of Information Act, Dr. Ritchie traces the interactions between members of Congress and federal agencies to illustrate how these communications function as part of a lawmaker's overarching strategy for policymaking. Original and timely, Backdoor Lawmaking explains how members of Congress exploit the separation of powers and evade the lawmaking process established in the US Constitution.

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Julian Go, "Policing Empires: Militarization, Race, and the Imperial Boomerang in Britain and the US" (Oxford UP, 2023)

Tue, 12 Dec 2023 09:00:00 -0000

The police response to protests erupting on America's streets in recent years has made the militarization of policing painfully transparent. Yet, properly demilitarizing the police requires a deeper understanding of its historical development, causes, and social logics.

Policing Empires: Militarization, Race, and the Imperial Boomerang in Britain and the US (Oxford UP, 2023) offers a postcolonial historical sociology of police militarization in Britain and the United States to aid that effort. Julian Go tracks when, why, and how British and US police departments have adopted military tactics, tools, and technologies for domestic use. Go reveals that police militarization has occurred since the very founding of modern policing in the nineteenth century into the present, and that it is an effect of the "imperial boomerang." Policing Empires thereby unlocks the dirty secret of police militarization: Police have brought imperial practices home to militarize themselves in response to perceived racialized threats from minority and immigrant populations.

Jeffrey Lamson is a PhD student in world history at Northeastern University. His research focuses on the history of police technology, its relationship to the history of police reform, and its place at the intersection of U.S. domestic policing and global counterinsurgency.

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Tristan G. Brown, "Laws of the Land: Fengshui and the State in Qing Dynasty China" (Princeton UP, 2023)

Mon, 11 Dec 2023 09:00:00 -0000

Welcome to another episode of New Books in Chinese Studies. I am your host, Julia Keblinska, and I am speaking today to Prof. Tristan Brown about his book, Laws of the Land: Fengshui and the State in Qing Dynasty China (Princeton UP, 2023). Brown’s book considers fengshui, that is, the knowledge of orienting structures, such as graves and houses, in accordance with well-established cosmological principles, as an administrative technology and language of power that was intrinsic to governance through the Qing legal code. Fengshui has long been dismissed as a “superstition” whose historical significance is limited to its obstruction of (narrowly) infrastructural development and (broadly) modernization. Laws of the Land instead pushes us to understand fengshui as a form of knowledge production that allowed the state to govern in an era of increasing resource scarcity and crisis.

The book covers cases related to land use (and misuse) in relation to graves, examination success, and mining concerns. It introduces readers to a cast of claimants, defendants, and legal “experts,” including clerks who meticulously mapped conflicted landscapes and geomancers who gave evidence in court. In his analysis of fengshui and Qing dynastic collapse, Brown builds upon the work of other scholars who reject narratives of Chinese “reaction” to Western influence and incursion; he posits instead the legal system’s entanglement with fengshui shows a vibrant interaction of various epistemological systems. I am very much looking forward to my conversation with Prof. Brown about the “life and death of Qing landscape.”

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Paolo Caroli, "Transitional Justice in Italy and the Crimes of Fascism and Nazism" (Routledge, 2022)

Mon, 11 Dec 2023 05:00:00 -0000

Paolo Caroli's book Transitional Justice in Italy and the Crimes of Fascism and Nazism (Routledge, 2022) presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective.

Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law.

In a historical moment marked by the resurgence of racism, neo-Fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be an essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

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Monica Huerta, "The Unintended: Photography, Property, and the Aesthetics of Racial Capitalism" (NYU Press, 2023)

Mon, 04 Dec 2023 09:00:00 -0000

The end of the nineteenth century saw massive developments and innovations in photography at a time when the forces of Western modernity—industrialization, racialization, and capitalism—were quickly reshaping the world. The Unintended: Photography, Property, and the Aesthetics of Racial Capitalism (NYU Press, 2023) slows down the moment in which the technology of photography seemed to speed itself—and so the history of racial capitalism—up. It follows the substantial shifts in the markets, mediums, and forms of photography during a legally murky period at the end of the nineteenth century. Monica Huerta traces the subtle and paradoxical ways legal thinking through photographic lenses reinscribed a particular aesthetics of whiteness in the very conceptions of property ownership.

The book pulls together an archive that encompasses the histories of performance and portraiture alongside the legal, pursuing the logics by which property rights involving photographs are affirmed (or denied) in precedent-setting court cases and legal texts. Emphasizing the making of “expression” into property to focus our attention on the failures of control that cameras do not invent, but rather put new emphasis on, this book argues that designations of control’s absence are central to the practice and idea of property-making.

The Unintended proposes that tracking and analyzing the sensed horizons of intention, control, autonomy, will, and volition offers another way into understanding how white supremacy functions. Ultimately, its unique historical reading practice offers a historically-specific vantage on the everyday workings of racial capitalism and the inheritances of white supremacy that structure so much of our lives.

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Andrew C. McKevitt, "Gun Country: Gun Capitalism, Culture, and Control in Cold War America" (UNC Press, 2023)

Mon, 04 Dec 2023 09:00:00 -0000

The United States has more guns than people – a condition that is “unprecedented in world history.” Scholars often focus on gun culture, the Second Amendment, or the history of gun safety, duties, and rights. Often, people assume that the number of guns is a natural state – the guns were always there. But were the guns always there? What caused the drastic boom in firearms, and when did it happen?

In Gun Country: Gun Capitalism, Culture, and Control in Cold War America (UNC Press, 2023), Dr. Andrew McKevitt investigates how and when the guns arrived – and why so many people bought them. McKevitt argues that what Americans refer to as “gun culture” in the 21st century “emerged out of the intersections of the Cold War and consumer capitalism in the 1950s and 1960s.” A booming consumer market following World War II coupled with a surplus of cheap firearms readily available for American entrepreneurs to resell to citizens laid the groundwork for rampant firearm distribution in the country. War made the United States into a “gun country” but US gun politics – “interwoven with struggles over race and gender” cannot be detached from consumer politics. Gun safety and gun rights organizations both demand consumer regulation and protection.

Dr. Andrew C. McKevitt is the John D. Winters Endowed Professor of History at Louisiana Tech University. His previous book, Consuming Japan: Popular Culture and the Globalizing of 1980s America (2017) was published by the University of North Carolina Press and he received the Stuart L. Bernath Scholarly Article Prize from the Society for Historians of American Foreign Relations.

George Lobis served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Rebecca Simon, "The Pirates’ Code: Laws and Life Aboard Ship" (Reaktion Books, 2023)

Tue, 28 Nov 2023 09:00:00 -0000

In The Pirate's Code: Laws and Life Aboard Ship (Reaktion, 2023), Dr. Rebecca Simon presents a rollicking account of pirates’ codes, the strict rules essential for survival at sea.

Pirates have long captured the imagination with images of cutlass-wielding swashbucklers, eye patches and buried treasure. But what was life really like on a pirate ship? Piracy was a risky, sometimes deadly occupation, and strict orders were essential for everyone’s survival. These ‘Laws’ were sets of rules that determined everything from how much each pirate earned from their plunder to compensation for injuries, punishments and even the entertainment allowed on ships. These rules became known as the ‘Pirates’ Code’, which all pirates had to publicly swear by.

Using primary sources such as eyewitness accounts, trial proceedings and maritime logs, this book explains how these codes were the key to pirates’ success in battle, both on sea and on land.

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Stephanie Convery, "After the Count: The Death of Davey Browne" (Penguin Australia, 2020)

Mon, 27 Nov 2023 09:00:00 -0000

Today we are joined by Stephanie Convery, inequality editor at Guardian Australia, and author of After the Count: The Death of Davey Browne (Penguin Australia, 2020). In our conversation, we discussed the history of boxing in Australia, the failures that explain Davey Browne’s death in Sydney in 2015, the nature of violence in sport, and the future of boxing.

In After the Count, Convery blends the genres of history, reportage, and memoir to explore the death of Davey Browne and shows how this one event illustrates the problems and lacunae inside of Australian men’s boxing. Convery writes from an insider’s perspective – she is a boxer – and her work does not condemn the sport for its brutality but rather asks questions about how to make boxing safer and how to make sure the sport of boxing remains meaningful for its participants. She concludes that some of the same toxic forces that gave boxing its allure now make it hard to regulate and threaten the lives of the people who participate in it.

The book moves both chronologically and thematically as Convery shifts between a mix of traditional reporting, historical research, and experiential accounts of her own life in the ring. The beginning of the book is devoted to Davey Browne’s death and a significant portion of the end of the book contains Convery’s conclusions about the coronial case and in these places the book reads most like a traditional sports report.

Some of the most interesting chapters feature her own boxing experiences and these are interspersed in the more chronological reporting. It is a minor spoiler that Convery suffers a concussion while reporting on the book and when she as she recovers, she dives into research on concussion and CTE. The ubiquity of head injury in boxing (and sports in general) shapes her discussion of the nature of violence. Boxing requires people to fight – to throw punches – and to improve as boxers those punches need to be real and be dangerous. At the same time, fighters need to consent to fight, need to understand the rules, and should have more information about head injury, how to avoid it, and what to do if they suffer from it.

The book defies easy explanations – it’s considerate, even meditative; it swings from a report on Davey’s death in a Sydney club, to discussions of boxings seedy history in gambling dens, and to medical studies on the way to diagnose chronic traumatic encephalopathy. Convery takes readers around the country - to the places in Davey Browne’s life, to gyms in Sydney and Melbourne where Convery practices, and finally to the coronial court where the people involved in the tragedy of Davey’s death face questioning from the government of New South Wales.

It is a must read for people interested in boxing, Australian sport, and for people interested in the philosophical question of violence in sport.

Keith Rathbone is a Senior Lecturer at Macquarie University in Sydney, Australia. He researches twentieth-century French social and cultural history.

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Fae Garland and Mitchell Travis, "Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder" (Bristol UP, 2022)

Sun, 26 Nov 2023 09:00:00 -0000

What is intersex and why does it matter? What is the power of law to disrupt dominant narratives? I had a fascinating conversation with authors Dr Fae Garland and Dr Mitchell Travis about their book, Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder (Bristol UP, 2023). We got into detail about these groundbreaking human rights issues. We spoke about the very real challenges faced in conducting legal research that has meaningful impact for social change. In research spanning many years, Garland and Travis worked directly with intersex people and their parents to produce this nuanced, sensitive and extensively researched book. Their's is a monograph that challenges dominant medical narratives, particularly with regard to the way that gender binaries are demarcated and identities are constructed. The book has power both beyond its subject matter and beyond the academy: it will bring pause for reflection as to the role of researchers and the work that lawyers can do in the pursuit of the acceptance and emergence of difference, and especially with regard to the enforcement of human rights.

Dr Fae Garland is a Senior Lecturer in Law at The University of Manchester

Dr Mitchell Travis is a Senior Lecturer in Law and Social Justice at The University of Leeds.

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Jenny Benham, "International Law in Europe, 700–1200" (Manchester UP, 2022)

Fri, 24 Nov 2023 09:00:00 -0000

Was there international law in the Middle Ages? Using treaties as its main source, International Law in Europe, 700-1200 (Manchester University Press, 2022) by Dr. Jenny Benham examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law.

International law in Europe, 700-1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.

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Earl Lewis and Nancy Cantor, "Our Compelling Interests: The Value of Diversity for Democracy and a Prosperous Society" (Princeton UP, 2016)

Sat, 18 Nov 2023 09:00:00 -0000

Princeton University Press’ Our Compelling Interests series focuses on diversity, in racial, gender, socioeconomic, religious, and other forms. Some of the titles in this series so far include The Walls around Opportunity: The Failure of Colorblind Policy for Higher Education by Gary Orfield, Out of Many Faiths: Religious Diversity and the American Promise By Eboo Patel, and The Diversity Bonus: How Great Teams Pay Off in the Knowledge Economy, by Scott E. Page.

Earl Lewis is the Thomas C. Holt Distinguished University Professor of history, Afroamerican and African Studies, and Public Policy and director of the Center for Social Solutions at the University of Michigan. From March 2013-2018, he served as President of The Andrew W. Mellon Foundation.

Nancy Cantor is Chancellor of Rutgers University – Newark. A fellow of the American Academy of Arts and Sciences and member of the National Academy of Medicine, she previously led Syracuse University and the University of Illinois at Urbana-Champaign and was provost at the University of Michigan, where she was closely involved in the defense of affirmative action in 2003 Supreme Court cases Grutter and Gratz.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Heather Smith-Cannoy et al., "Sex Trafficking and Human Rights: The Status of Women and State Responses" (Georgetown UP, 2022)

Thu, 16 Nov 2023 09:00:00 -0000

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Kay Wilson, "Mental Health Law: Abolish Or Reform?" (Oxford UP, 2021)

Sat, 11 Nov 2023 09:00:00 -0000

The debate about whether mental health law should be abolished or reformed is one that is highly charged and to which there are no easy solutions. In Mental Health Law: Abolish Or Reform? (Oxford UP, 2021), Dr Kay Wilson does not shy away from these controversial debates. Examining the work that dignity can do, she makes the case for an holistic interpretation of the Convention on the Rights of Persons with Disabilities. In thinking about mental health reform, she provides a core framework which may guide support and intervention in a way that compels respect for the dignity of the person. This book makes an important contribution to the literature. Its nuanced approach and fearlessness in delving into the hard issues should be required reading for policy makers, lawyers and mental health practitioners.

Dr Kay Wilson is a postdoctoral fellow at the convenor of The Disability Law Network at Melbourne Law School, University of Melbourne. She is also a co-editor of The Future of Mental Health, Disability and Criminal Law, (Routledge, 2023).

Jane Richards is a Lecturer in Law at York Law School, UK.

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Malcolm D. Evans, "Tackling Torture: Prevention in Practice" (Bristol UP, 2023)

Wed, 08 Nov 2023 09:00:00 -0000

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? Tackling Torture: Prevention in Practice (Bristol University Press, 2023) by Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change.

The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.

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Speak Freely: The Princeton Principles

Tue, 07 Nov 2023 09:00:00 -0000

Kicking off our new monthly series on freedom of speech, Keith Whittington and Donald Downs discuss the Princeton Principles for a Campus of Free Inquiry. These principles, outlined by a group of scholars convened by Professor Robert P. George here at the James Madison Program in March 2023, expand on the well-known Chicago Principles in ensuring campus free speech and institutional neutrality.

Professors Whittington and Downs are both among the original fifteen participants and endorsers of the Princeton Principles, and played significant roles in drafting the document. Keith Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University, and the author of Speak Freely: Why Universities Must Defend Free Speech (Princeton UP, 2019). He specializes in public law and American Politics, and will soon join the faculty of Yale Law School. Donald Downs is the Alexander Meiklejohn Professor of Political Science Emeritus at the University of Wisconsin, Madison. His areas of specialty include freedom of speech, academic freedom, and American politics. Since retiring, Downs has been the lead faculty advisor to the Free Speech and Open Inquiry Project of the Institute for Humane Studies in Washington, D.C.

Princeton's governing document, Rights, Rules, and Responsibilities, referenced during the episode. The James Madison Program's Initiative on Freedom of Thought, Inquiry, and Expression.

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.

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B Camminga, "Transgender Refugees and the Imagined South Africa: Bodies Over Borders and Borders Over Bodies" (Palgrave MacMillan, 2018)

Mon, 06 Nov 2023 09:00:00 -0000

Transgender Refugees and the Imagined South Africa: Bodies Over Borders and Borders Over Bodies (Palgrave MacMillan, 2018) tracks the conceptual journeying of the term ‘transgender’ from the Global North—where it originated—along with the physical embodied journeying of transgender asylum seekers from countries within Africa to South Africa and considers the interrelationships between the two. The term 'transgender' transforms as it travels, taking on meaning in relation to bodies, national homes, institutional frameworks and imaginaries. This study centres on the experiences and narratives of people that can be usefully termed 'gender refugees', gathered through a series of life story interviews. It is the argument of this book that the departures, border crossings, arrivals and perceptions of South Africa for gender refugees have been both enabled and constrained by the contested meanings and politics of this emergence of transgender. This book explores, through these narratives, the radical constitutional-legal possibilities for 'transgender' in South Africa, the dissonances between the possibilities of constitutional law, and the pervasive politics/logic of binary ‘sex/gender’ within South African society. In doing so, this book enriches the emergent field of Transgender Studies and challenges some of the current dominant theoretical and political perceptions of 'transgender'. It offers complex narratives from the African continent regarding sex, gender, sexuality and notions of home concerning particular geo-politically situated bodies.

B Camminga (they/them) received a PhD from the Institute for Humanities in Africa (HUMA), University of Cape Town, in 2016. They have since held a postdoctoral fellowship at the African Centre for Migration & Society, Wits University, and several visiting fellowships, including at the Universities of Edinburgh and Oxford. They work on issues relating to gender identity and expression on the African continent with a focus on transgender migrants, refugees, and asylum seekers.

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Antitrust Policy, The Chicago School Consumer Welfare Standard and The Rise of the New Brandeisians

Sat, 04 Nov 2023 08:00:00 -0000

Luke Froeb joins the podcast to talk about his career in economics, what it's like to be the chief economist at the FTC and DOJ antitrust division, how these agencies make decisions about merger cases, the history of the Chicago School consumer welfare standard and the types of analytical tools and modeling that underlies the approach, along with the rise of the New Brandeisians and their failures thus far.

Jon Hartley is an economics researcher with interests in international macroeconomics, finance, and labor economics and is currently an economics PhD student at Stanford University. He is also currently a Research Fellow at the Foundation for Research on Equal Opportunity, a Senior Fellow at the Macdonald-Laurier Institute, and a research associate at the Hoover Institution.

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Wendy H. Wong, "We, the Data: Human Rights in the Digital Age" (MIT Press, 2023)

Thu, 02 Nov 2023 08:00:00 -0000

Our data-intensive world is here to stay, but does that come at the cost of our humanity in terms of autonomy, community, dignity, and equality? In We, the Data: Human Rights in the Digital Age (MIT Press, 2023), Wendy H. Wong argues that we cannot allow that to happen. Exploring the pervasiveness of data collection and tracking, Wong reminds us that we are all stakeholders in this digital world, who are currently being left out of the most pressing conversations around technology, ethics, and policy. This book clarifies the nature of datafication and calls for an extension of human rights to recognize how data complicate what it means to safeguard and encourage human potential.

Wendy H. Wong is Professor of Political Science and Principal's Research Chair at the University of British Columbia, Okanagan. She is the author of two award-winning books: Internal Affairs: How the Structure of NGOs Transforms Human Rights and (with Sarah S. Stroup) The Authority Trap: Strategic Choices of International NGOs.

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The Future of Cancelling: A Conversation with Greg Lukianoff

Wed, 01 Nov 2023 08:00:00 -0000

Cancel culture is something all academics are aware of and some are concerned about. Certainly that’s true of Greg Lukianoff who was the co-author (with Jonathan Haidt) of The Coddling of the American Mind (Penguin, 2018) and who has now co-authored (with Rikki Schlott) of The Canceling of the American Mind (Simon and Schuster, 2023). Listen to him in conversation with Owen Bennett Jones.

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Paolo Sandro, "The Making of Constitutional Democracy: From Creation to Application of Law" (Bloomsbury, 2022)

Wed, 01 Nov 2023 08:00:00 -0000

This book is a tour de force. In The Making of Constitutional Democracy: From Creation to Application of Law (Bloomsbury, 2022), Dr Paolo Sandro explores the assumed unproblematic tension between the creation and application of law, and the way that this guides constitutional democracy. Crossing both jurisdictional borders and legal traditions, the author draws out the intrinsic relation between law, power and politics, to reveal law's authority. Ten years in the writing, the work is truly interdisciplinary. It integrates jurisprudential methodology, history, anthropology, political science, philosophy of language and philosophy of action. It will be of use to anyone who is serious about becoming a better scholar. It compels reflection on the assumptions that scholars make in writing, in practice, in scholarship and study. All the while Sandro breaks new ground in legal theory and in the study of constitutional democracy.

Dr Paolo Sandro is a lecturer in law at The University of Leeds.

The Making of Constitutional Democracy: From Creation to Application of Law is available open access.

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Marion Gibson, "Witchcraft: A History in Thirteen Trials" (Scribner, 2023)

Tue, 31 Oct 2023 08:00:00 -0000

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Youcef L. Soufi, "The Rise of Critical Islam: 10th-13th Century Legal Debate" (Oxford UP, 2023)

Fri, 27 Oct 2023 08:00:00 -0000

Youcef Sufi's book The Rise of Critical Islam: 10th-13th Century Legal Debate (Oxford University Press, 2023) is a fascinating and engaging exploration of the history of critique in Islamic legal and intellectual history. It does this specifically through a case study of dispensations and disputations, known as munāẓarāt in Arabic. Dispensations were a practice of debates that were an important feature of a jurist's practice and an opportunity for him to showcase his juristic skills – for instance, they were sometimes tasked with having to defend a position that they disagreed with or that contradicted the opinion of the school they followed and represented. Ultimately, these dispensations serve as an excellent case study of the tremendous diversity of thought and the celebration of difference of opinion in Islamic history and Islamic law; they also show that for Muslim jurists, engaging in these debate was an act of piety, as a part of their personal and intellectual quest to discover God's law.

In our conversation, we discuss the origins of the book, some of its main points and arguments, a detailed description of these dispensations (such as who participated in them, who was excluded from them, how the debate topic was chosen), the shifts and developments they undergo with time, and the role of ijtihad (or independent reasoning or re-interpretations of Islamic law) and taqlid (or sticking to the past scholarly positions) in these debates. We also discuss specific themes such as child or forced marriage, women’s right to divorce, which are perceived to have been settled matters but it turns out, not quite! And finally, Sufi explains why and how these disputations came to an end and what jurists participating in them may have imagined the role of later generations to be in the process of Islamic law-making.

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.

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Nicole Nguyen, "Terrorism on Trial: Political Violence and Abolitionist Futures" (U Minnesota Press, 2023)

Fri, 27 Oct 2023 08:00:00 -0000

Rather than functioning as a final arbiter of justice, U.S. domestic courts are increasingly seen as counterterrorism tools that can incapacitate terrorists, maintain national security operations domestically, and produce certain narratives of conflict. Terrorism on Trial: Political Violence and Abolitionist Futures (University of Minnesota Press, 2023) by Dr. Nicole Nguyen examines the contemporary role that these courts play in the global war on terror and their use as a weapon of war: hunting, criminalising, and punishing entire communities in the name of national security.

Dr. Nguyen advocates for a rethinking of popular understandings of political violence and its root causes, encouraging readers to consider anti-imperial abolitionist alternatives to the criminalization, prosecution, and incarceration of individuals marked as real or perceived terrorists. She exposes how dominant academic discourses, geographical imaginations, and social processes have shaped terrorism prosecutions, as well as how our fundamental misunderstanding of terrorism has led to punitive responses that do little to address the true sources of violence, such as military interventions, colonial occupations, and tyrannical regimes. Nguyen also explores how these criminal proceedings bear on the lives of defendants and families, seeking to understand how legal processes unevenly criminalise and disempower communities of colour.

A retheorization of terrorism as political violence, Terrorism on Trial invites readers to carefully consider the role of power and politics in the making of armed resistance, addressing the root causes of political violence, with a goal of building toward a less violent and more liberatory world.

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Greg Glasgow and Kathryn Mayer, "Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was" (Rowman & Littlefield, 2023)

Wed, 25 Oct 2023 08:00:00 -0000

A fascinating look at Walt Disney's last, unfinished project and the controversy that surrounded it. It was going to be Disneyland at the top of a mountain. A vacation destination where guests could ski, go ice skating, or be entertained by a Disney Imagineer-created band of Audio-Animatronic bears. In the summer, visitors could fish, camp, hike, or take a scenic chairlift ride to the top of a mountain. It was the Mineral King resort in Southern California, and it was Walt Disney's final passion project. But there was one major obstacle to Walt's dream: the growing environmentalist movement of the 1960s.

In Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was (Rowman & Littlefield, 2023), Greg Glasgow and Kathryn Mayer provide an unprecedented look inside the Mineral King saga, from its origins at the 1960 Winter Olympics to the years-long environmental fight that eventually shut the development down. The fight, which went all the way to the Supreme Court, reshaped the environmental movement and helped to put in place long-reaching laws to protect nature. Although the court battle, coupled with Walt's death in 1966, meant the end for the Mineral King resort, the ideas and planning behind it have permeated throughout the Walt Disney company and the ski tourism industry in ways that are still seen today. With firsthand interviews and behind-the-scenes details, Disneyland on the Mountain offers incredible access to a part of Disney history that hasn't been thoroughly explored before, including Walt's love of nature, how the company changed after Walt's death, and of course, the story of Mineral King. It's a tale of man versus nature, ambition versus mortality, and how a gang of scrappy environmentalists took on one of America's most beloved companies.

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Jeff Kosseff, "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation" (Johns Hopkins UP, 2023)

Tue, 24 Oct 2023 08:00:00 -0000

Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right.

When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when should the US government protect the free speech of liars?

In Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation (Johns Hopkins UP, 2023), law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and the January 6, 2021, insurrection on the Capitol building, Kosseff argues that even though lies can inflict huge damage, US law should continue to protect them. Liar in a Crowded Theater explores both the history of protected falsehoods and where to go from here.

Drawing on years of research and thousands of pages of court documents in dozens of cases―from Alexander Hamilton's enduring defense of free speech to Eminem's victory in a lawsuit claiming that he stretched the truth in a 1999 song―Kosseff illustrates not only why courts are reluctant to be the arbiters of truth but also why they're uniquely unsuited to that role. Rather than resorting to regulating speech and fining or jailing speakers, he proposes solutions that focus on minimizing the harms of misinformation. If we want to seriously address concerns about misinformation and other false speech, we must finally exit the crowded theater.

Jeff Kosseff is an associate professor of cybersecurity law at the United States Naval Academy.

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Aaron Tang, "Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It" (Yale UP, 2023)

Mon, 23 Oct 2023 08:00:00 -0000

The American public’s confidence in the United States Supreme Court is a historic low – in part based on a belief that the Supreme Court is increasingly behaving as a partisan, political body.

In Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023), legal scholar Aaron Tang argues that partisanship is not the best lens for understanding the Supreme Court. He focuses on overconfidence. According to Professor Tang, the legal arguments of both conservative and liberal justices have a tone of uncompromising certainty. As the Court “lurches stridently from one case to the next,” it delegitimizes opposing views and undermines public confidence in the Court itself.

Restoring the Court’s public legitimacy requires the justices to adopt what Professor Tang calls a “least harm rule.” Examining a range of cases – from LGBTQ rights to immigration to juvenile justice – Tang demonstrates how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide the US. But this is not work exclusively for the justices. Reform depends on the voters. They must elect representatives who pass legislation that clarifies the public will for the Supreme Court – and consider ways that they can use “private ordering” to assert their rights without the Court.

Professor Aaron Tang (he/him) is a law professor at the University of California, Davis, and a former law clerk to Supreme Court Justice Sonia Sotomayor. He is a frequent commentator about the Supreme Court whose op-eds appear in the New York Times, Los Angeles Times, Washington Post, Slate, The Atlantic, and elsewhere.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Campbell F. Scribner, "A Is for Arson: A History of Vandalism in American Education" (Cornell UP, 2023)

Sun, 22 Oct 2023 08:00:00 -0000

In A Is for Arson: A History of Vandalism in American Education (Cornell UP, 2023), Campbell F. Scribner sifts through two centuries of debris to uncover the conditions that have prompted school vandalism and to explain why attempts at prevention have inevitably failed. Vandalism costs taxpayers hundreds of millions of dollars every year, as students, parents, and even teachers wreak havoc on school buildings. Why do they do it? Can anything stop them? Who should pay for the damage? Underlying these questions are long-standing tensions between freedom and authority, and between wantonness and reason. Property destruction is not simply a moral failing, to be addressed with harsher punishments, nor can the problem be solved through more restrictive architecture or policing.

Scribner argues that education itself is a source of intractable struggle, and that vandalism is often the result of an unruly humanity. To understand schooling in the United States, one must first confront the all-too-human emotions that have led to fires, broken windows, and graffiti. A Is for Arson captures those emotions through new historical evidence and diverse theoretical perspectives, helping readers understand vandalism variously as a form of political conflict, as self-education, and as sheer chaos. By analyzing physical artifacts as well as archival sources, Scribner offers new perspectives on children's misbehavior and adults' reactions and allows readers to see the complexities of education—the built environment of teaching and learning, evolving approaches to youth psychology and student discipline—through the eyes of its often resistant subjects.

Cambell F. Scribner is a scholar of educational policy, history, and philosophy at the University of Maryland.

Max Jacobs is a PhD student in education at Rutgers University. He currently sits on the Graduate Student Council for the History of Education Society.

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Matthew Guariglia, "Police and the Empire City: Race and the Origins of Modern Policing in New York" (Duke UP, 2023)

Sat, 21 Oct 2023 08:00:00 -0000

During the years between the Civil War and World War II, police in New York City struggled with how to control a diverse metropolis. In Police and the Empire City: Race and the Origins of Modern Policing in New York (Duke UP, 2023), Matthew Guariglia tells the history of the New York Police Department to show how its origins were built upon and inseparably entwined with the history of race, ethnicity, and whiteness in the United States.

Guariglia explores the New York City Police Department through its periods of experimentation and violence as police experts imported tactics from the US occupation of the Philippines and Cuba, devised modern bureaucratic techniques to better suppress Black communities, and infiltrated supposedly unknowable immigrant neighborhoods. Innovations ranging from recruiting Chinese, Italian, and German police to form “ethnic squads” to the use of deportation and federal immigration restrictions to control local crime—even the introduction of fingerprinting—were motivated by attempts to govern a multiracial city. Campaigns to remake the police department created an urban landscape where power, gender, sexuality, race, ethnicity, crime, and bodies collided and provided a foundation for the supposedly color-blind, technocratic, federally backed, and surveillance-based policing of today.

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Alexandre Baril, "Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide" (Temple UP, 2023)

Fri, 20 Oct 2023 08:00:00 -0000

Note: This episode contains a discussion of suicide. A list of resources is available below.

In Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide (Temple UP, 2023), Alexandre Baril argues that suicidal people are oppressed by what he calls structural suicidism, a hidden oppression that, until now, has been unnamed and under-theorized. Each year, suicidism and its preventionist script and strategies reproduce violence and cause additional harm and death among suicidal people through forms of criminalization, incarceration, discrimination, stigmatization, and pathologization. This is particularly true for marginalized groups experiencing multiple oppressions, including queer, trans, disabled, or Mad people.

Undoing Suicidism questions the belief that the best way to help suicidal people is through the logic of prevention. Alexandre Baril presents the thought-provoking argument that supporting assisted suicide for suicidal people could better prevent unnecessary deaths. Offering a new queercrip model of (assisted) suicide, he invites us to imagine what could happen if we started thinking about (assisted) suicide from an anti-suicidist and intersectional framework. Baril provides a radical reconceptualization of (assisted) suicide and invaluable reflections for academics, activists, practitioners, and policymakers.

An open access edition of Undoing Suicidism, made available by the Faculty of Social Sciences at the University of Ottawa, is available here.

Alexandre Baril (abaril@uOttawa.ca) is Associate Professor at the University of Ottawa. His work is situated at the crossroads of gender, queer, trans, disability/crip/Mad studies, critical gerontology and critical suicidology. His commitment to equity has earned him awards for his involvement in queer, trans and disabled communities, including the Canadian Disability Studies Association Tanis Doe Francophone Award, and the Equity, Diversity and Inclusion President’s Award at the University of Ottawa. A prolific author who won the Young Researcher Award from the Faculty of Social Sciences at the University of Ottawa (2023), he has given over 200 presentations at the international level and has over 80 publications.

Resources:

SAFE HOTLINES and ONLINE SUPPORT GROUPS:

Trans LifeLine (trans/non-binary): 1-877-330-6366 (Canada) and 1-877-565-8860 (USA)
Autisme Soutien: Online support for autistic people (French Canada)
BlackLine (BIPOC): 1-800-604-5841 (USA)

REGULAR HOTLINES (might trace your call and contact emergency services):

Talk Suicide Canada: 1-833-456-4566
Suicide.ca (Québec): 1-866-APPELLE
The Hope for Wellness Helpline (Indigenous people in Canada): 1-855-242-3310
The Samaritains (USA): 1-212-673-3000

A full transcript of the interview is available for accessibility.

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The Future of Incarceration: A Discussion with Colleen P. Eren

Wed, 18 Oct 2023 08:00:00 -0000

The United States has long been associated with a very harsh criminal justice system with, in some cases, people serving long sentence for minor crimes. But attempts to reform the system have proven very difficult. In her new book Reform Nation: The First Step Act and the Movement to End Mass Incarceration (Stanford UP, 2023), Colleen P. Eren explains why. Listen to her in conversation with Owen Bennett Jones.

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Javier Garcia Oliva and Helen Hall, "Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia" (U Toronto Press, 2023)

Tue, 17 Oct 2023 08:00:00 -0000

In Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia (University of Toronto Press, 2023), Dr. Javier García Oliva and Dr. Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory.

The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.

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Vilja Hulden, "The Bosses' Union: How Employers Organized to Fight Labor Before the New Deal" (U Illinois Press, 2023)

Sun, 15 Oct 2023 08:00:00 -0000

At the opening of the twentieth century, labor strife repeatedly racked the nation. Union organization and collective bargaining briefly looked like a promising avenue to stability. But both employers and many middle-class observers remained wary of unions exercising independent power.

In The Bosses' Union: How Employers Organized to Fight Labor Before the New Deal (U Illinois Press, 2023), Vilja Hulden reveals how this tension provided the opening for pro-business organizations to shift public attention from concerns about inequality and dangerous working conditions to a belief that unions trampled on an individual's right to work. Inventing the term closed shop, employers mounted what they called an open-shop campaign to undermine union demands that workers at unionized workplaces join the union. Employer organizations lobbied Congress to resist labor's proposals as tyrannical, brought court cases to taint labor's tactics as illegal, and influenced newspaper coverage of unions. While employers were not a monolith nor all-powerful, they generally agreed that unions were a nuisance. Employers successfully leveraged money and connections to create perceptions of organized labor that still echo in our discussions of worker rights.

Vilja Hulden is an historian of the United States and a teaching associate professor at the Department of History at the University of Colorado Boulder whose work focuses on social and labor history around the turn of the twentieth century.

Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly.

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Dennis C. Rasmussen, "The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter" (UP of Kansas, 2023)

Thu, 12 Oct 2023 08:00:00 -0000

Dennis Rasmussen’s new book, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter (UP of Kansas, 2023), is a propulsive analysis of one of the key members of the Founding generation, Gouverneur Morris of New York and Pennsylvania. Morris is quite a character—from his reputation as a lady’s man to his brilliant speeches at the Constitutional Convention in Philadelphia in 1787. Rasmussen has pulled together archival research on Morris along with historical and political context to understand the Constitution’s penman, since Morris was responsible for writing the draft of the document that would become the U.S. Constitution.

Gouverneur Morris was a fascinating fellow—and his exploits were well known among his peers and colleagues. Morris, who had been educated at King’s College (now Columbia), and had become a lawyer, made much of his fortune in land speculation. He was active during the Revolutionary War, especially in helping to manage payment and supplies to the troops fighting for the new country. Morris, like Jefferson and Adams, also represented the United States abroad, particularly in France during the revolutionary period there. His capacity to negotiate through the factions during the French Revolution was vital to the United States since he was able to protect both American citizens and U.S. interests in France. Morris’s diplomatic and political expertise was in sharp relief during this period in France. As a Federalist Morris also served in the U.S. Senate, elected in 1800 as the Jeffersonians were coming into office. He was at Alexander Hamilton’s deathbed with him after Hamilton’s duel with Burr. But the central action of The Constitution’s Penman is during the constitutional convention in Philadelphia in 1787.

Rasmussen lays out all of the ways that Morris had a hand in the creation of the American constitutional system, even though he was absent from the convention in the early going in June. The bulk of The Constitution’s Penman focuses on each section of the governing structure of the U.S. national system and draws out Morris’ role in shaping these parts of the American system. While some of Morris’ ideas were more extreme than others—including his thinking on the form that the U.S. Senate should take—his ideas and influence are clear throughout the document itself. Rasmussen digs into Morris’ speeches on the floor of the convention, his role in writing up the document—in which he pulled 23 articles into the seven articles that compose the United States Constitution—and his authorship of the Preamble itself. Rasmussen also focuses on Morris’ strident denunciation of slavery at the Convention and elsewhere, becoming, on some level, the Framers’ conscience on the issue of slavery.

Dennis Rasmussen has written a book where the story truly dances off the page—and while Gouverneur Morris himself provides much of the content because of his cosmopolitan approach to life, his sharp wit and intelligence, and his interesting lifestyle—this is quite a compelling read.

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Rhoda Kanaaneh, "The Right Kind of Suffering: Gender, Sexuality, and Arab Asylum Seekers in America" (U Texas Press, 2023)

Tue, 10 Oct 2023 08:00:00 -0000

From the overloaded courts with their constantly changing dates and appointments to the need to prove oneself the “right" kind of asylum seeker, the asylum system in the United States is an exacting and drawn-out immigration process that itself results in suffering. When anthropologist Rhoda Kanaaneh became a volunteer interpreter for Arab asylum seekers, she discovered how applicants learned to craft a specific narrative to satisfy the system's requirements.

Kanaaneh tells the stories of four Arab asylum seekers who sought protection in the United States on the basis of their gender or sexuality: Saud, who relived painful memories of her circumcision and police harassment in Sudan and then learned to number and sequence these recollections; Fatima, who visited doctors and therapists in order to document years of spousal abuse without over-emphasizing her resulting mental illness; Fadi, who highlighted the homophobic motivations that provoked his arrest and torture in Jordan, all the while omitting connected issues of class and racism; and Marwa, who showcased her private hardships as a lesbian in a Shiite family in Lebanon and downplayed her environmental activism. The Right Kind of Suffering: Gender, Sexuality, and Arab Asylum Seekers in America (U Texas Press, 2023) is a compelling portrait of Arab asylum seekers whose success stories stand in contrast with those whom the system failed.

Rhoda Kanaaneh has taught anthropology and gender and sexuality studies at Columbia University, American University, New York University, and Fordham University. She is the editor of Displaced at Home: Ethnicity and Gender Among Palestinians in Israel and author of Surrounded: Palestinian Soldiers in the Israeli Military and Birthing the Nation: Strategies of Palestinian Women in Israel.

Alize Arıcan is a Society of Fellows Postdoctoral Scholar at Boston University and an incoming Assistant Professor of Anthropology at CUNY—City College, focusing on urban renewal, futurity, care, and migration. You can find her on Twitter @alizearican.

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Andrew Monteith, "Christian Nationalism and the Birth of the War on Drugs" (NYU Press, 2023)

Sun, 08 Oct 2023 08:00:00 -0000

Many people view the War on Drugs as a contemporary phenomenon invented by the Nixon administration. But as Dr. Andrew Monteith shows in Christian Nationalism and the Birth of the War on Drugs (NYU Press, 2023), the conflict actually began more than a century before, when American Protestants began the temperance movement and linked drug use with immorality.

Dr. Monteith argues that this early drug war was deeply rooted in Christian impulses. While many scholars understand Prohibition to have been a Protestant undertaking, it is considerably less common to consider the War on Drugs this way, in part because racism has understandably been the focal point of discussions of the drug war. Antidrug activists expressed—and still do express--blatant white supremacist and nativist motives. Yet this book argues that racism was intertwined with religious impulses. Reformers pursued the “civilising mission,” a wide-ranging project that sought to protect “child races” from harmful influences while remodelling their cultures to look like Europe and the United States. Most reformers saw Christianity as essential to civilization and missionaries felt that banning drugs would encourage religious conversion and progress.

This compelling work of scholarship radically reshapes our understanding of one of the longest and most damaging conflicts in modern American history, making the case that we cannot understand the War on Drugs unless we understand its religious origins.

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Stephanie R. Larson, "What It Feels Like: Visceral Rhetoric and the Politics of Rape Culture" (Pennsylvania State UP, 2021)

Sun, 08 Oct 2023 08:00:00 -0000

What it feels like: Visceral Rhetoric and the Politics of Rape Culture (Penn State Press, 2021) by Dr. Stephanie Larson interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Dr. Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.

Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Dr. Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to “science” and “hard evidence,” Dr. Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as “emotional.” But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.

Demonstrating the communicative power of bodily feeling, Dr. Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.

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James N. Druckman and Elizabeth A. Sharrow, "Equality Unfulfilled: How Title IX's Policy Design Undermines Change to College Sports" (Cambridge UP, 2023)

Thu, 05 Oct 2023 08:00:00 -0000

The year 1972 is often hailed as an inflection point in the evolution of women's rights. Congress passed Title IX of the Education Amendments of 1972, a law that outlawed sex-based discrimination in education. Many Americans celebrate Title IX for having ushered in an era of expanded opportunity for women's athletics; yet fifty years after its passage, sex-based inequalities in college athletics remain the reality. James N. Druckman and Elizabeth A. Sharrow's book Equality Unfulfilled: How Title IX's Policy Design Undermines Change to College Sports (Cambridge UP, 2023) explains why.

The book identifies institutional roadblocks - including sex-based segregation, androcentric organizational cultures, and overbearing market incentives - that undermine efforts to achieve systemic change. Drawing on surveys with student-athletes, athletic administrators, college coaches, members of the public, and fans of college sports, it highlights how institutions shape attitudes toward gender equity policy. It offers novel lessons not only for those interested in college sports but for everyone seeking to understand the barriers that any marginalized group faces in their quest for equality.

Kelly McFall is Professor of History and Director of the Honors Program at Newman University.

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Adrian Chastain Weimer, "A Constitutional Culture: New England and the Struggle Against Arbitrary Rule in the Restoration Empire" (U Pennsylvania Press, 2023)

Tue, 03 Oct 2023 08:00:00 -0000

In A Constitutional Culture: New England and the Struggle Against Arbitrary Rule in the Restoration Empire (U Pennsylvania Press, 2023), Adrian Chastain Weimer uncovers the story of how, more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule.

With the return of Charles II to the English throne in 1660, the puritan-led colonies faced enormous pressure to conform to the crown's priorities. Charles demanded that puritans change voting practices, baptismal policies, and laws, and he also cast an eye on local resources such as forests, a valuable source of masts for the English navy. Moreover, to enforce these demands, the king sent four royal commissioners on warships, ostensibly headed for New Netherland but easily redirected toward Boston. In the face of this threat to local rule, colonists had to decide whether they would submit to the commissioners' authority, which they viewed as arbitrary because it was not accountable to the people, or whether they would mobilize to defy the crown.

Those resisting the crown included not just freemen (voters) but also people often seen as excluded or marginalized such as non-freemen, indentured servants, and women. Together they crafted a potent regional constitutional culture in defiance of Charles II that was characterized by a skepticism of metropolitan ambition, a defense of civil and religious liberties, and a conviction that self-government was divinely sanctioned. Weimer shows how they expressed this constitutional culture through a set of well-rehearsed practices--including fast days, debates, committee work, and petitions. Equipped with a ready vocabulary for criticizing arbitrary rule, with a providentially informed capacity for risk-taking, and with a set of intellectual frameworks for divided sovereignty, the constitutional culture that New Englanders forged would not easily succumb to an imperial authority intent on consolidating its power.

Crawford Gribben is a professor of history at Queen’s University Belfast.

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Derk Venema, "Supreme Courts Under Nazi Occupation" (Amsterdam UP, 2022)

Sun, 01 Oct 2023 08:00:00 -0000

Derk Venema's edited volume Supreme Courts Under Nazi Occupation (Amsterdam UP, 2022) is the first extensive treatment of leading judicial institutions under Nazi rule in WWII. It focusses on all democratic countries under German occupation, and provides the details for answering questions like: how can law serve as an instrument of defence against an oppressive regime? Are the courts always the guardians of democracy and rule of law? What role was there for international law? How did the courts deal with dismissals, new appointees, new courts, forced German ordinances versus national law? How did judges justify their actions, help citizens, appease the enemy, protest against injustice?

Experts from all democracies that were occupied by the Nazis paint vivid pictures of oppression, collaboration, and resistance. The results are interpreted in a socio-legal framework introducing the concept of 'moral hygiene' to explain the clash between normative and descriptive approaches in public opinion and scholarship concerning officials' behaviour in war-time.

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Aparna Chandra, "Court on Trial: A Data-Driven Account of the Supreme Court of India" (India Viking, 2023)

Sat, 30 Sep 2023 08:00:00 -0000

The Indian Supreme Court was established nearly seventy-five years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the self-appointments process-known as the collegium-is just another 'old boy's network'.

Building on nearly a decade of original empirical research, Aparna Chandra's book Court on Trial: A Data-Driven Account of the Supreme Court of India (India Viking, 2023) examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present data-driven suggestions for improving the effectiveness and integrity of the Court.

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Aaron Tang, "Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It" (Yale UP, 2023)

Sat, 30 Sep 2023 08:00:00 -0000

Today I talked to Aaron Tang about his new book Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023).

The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices' partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court's root problem. Overconfidence is.

Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society's problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself.

To restore the Court's legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach--ranging from LGBTQ rights to immigration to juvenile justice--Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.

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Traci Cipriano, "The Thriving Lawyer: A Multidimensional Model of Well-being for a Sustainable Legal Profession" (Routledge, 2023)

Fri, 29 Sep 2023 08:00:00 -0000

Traci Cipriano's book The Thriving Lawyer: A Multidimensional Model of Well-Being for a Sustainable Legal Profession (Routledge, 2023) is based on an innovative model, grounded in science. This book serves as a resource for promoting well-being and culture-change in the legal community by educating about pertinent issues impacting lawyers, and how to address them. It is a roadmap, highlighting the many over-arching and inter-connected aspects of well-being, and enabling readers to identify and target the issues most relevant to their unique situations.

Along with practical strategies, the book provides a big-picture framework, illustrating how the many intersecting individual and organizational factors which influence well-being are all related, yet separate and distinct. The framework provides a foundation for creating change, and where you focus first will depend on the needs, the situation, and any unique challenges faced by you or your organization.

The Thriving Lawyer explains why, in addition to self-care, change is needed on the organizational level in terms of workplace culture and policies, as well as normalizing self-care and eradicating stigma. This book is intended to benefit individual lawyers, their organizations, and professionals who support them, by educating, motivating, and promoting self-care and healthy work environments.

Karyne Messina is a licensed psychologist and psychoanalyst at the Washington Baltimore Center for Psychoanalysis and am on the medical staff of Suburban Hospital in Bethesda, Maryland. She is the author of Resurgence of Populism: A Psychoanalytic Study of Projective Identification, Blame Shifting and the Corruption of Democracy (Routledge, 2022).

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Kashmir Hill, "Your Face Belongs to Us: A Secretive Startup's Quest to End Privacy as We Know It" (Random House, 2023)

Thu, 28 Sep 2023 08:00:00 -0000

New York Times tech reporter Kashmir Hill was skeptical when she got a tip about a mysterious app called Clearview AI that claimed it could, with 99 percent accuracy, identify anyone based on just one snapshot of their face. The app could supposedly scan a face and, in just seconds, surface every detail of a person’s online life: their name, social media profiles, friends and family members, home address, and photos that they might not have even known existed. If it was everything it claimed to be, it would be the ultimate surveillance tool, and it would open the door to everything from stalking to totalitarian state control. Could it be true?

In this riveting account, Hill tracks the improbable rise of Clearview AI, helmed by Hoan Ton-That, an Australian computer engineer, and Richard Schwartz, a former Rudy Giuliani advisor, and its astounding collection of billions of faces from the internet. The company was boosted by a cast of controversial characters, including conservative provocateur Charles C. Johnson and billionaire Donald Trump backer Peter Thiel—who all seemed eager to release this society-altering technology on the public. Google and Facebook decided that a tool to identify strangers was too radical to release, but Clearview forged ahead, sharing the app with private investors, pitching it to businesses, and offering it to thousands of law enforcement agencies around the world.

Facial recognition technology has been quietly growing more powerful for decades. This technology has already been used in wrongful arrests in the United States. Unregulated, it could expand the reach of policing, as it has in China and Russia, to a terrifying, dystopian level.

Your Face Belongs to Us: A Secretive Startup's Quest to End Privacy as We Know It (Random House, 2023) is a gripping true story about the rise of a technological superpower and an urgent warning that, in the absence of vigilance and government regulation, Clearview AI is one of many new technologies that challenge what Supreme Court Justice Louis Brandeis once called “the right to be let alone.”

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.

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The Civic Bargain: A Conversation with Josiah Ober on Ancients and Moderns

Tue, 26 Sep 2023 08:00:00 -0000

Amidst increasing acrimony and political strain, many worry that democratic governance has an expiration date. To answer these concerns, Josiah Ober looks to the ancients. Here, he discusses his recent book (co-authored with Brook Manville), The Civic Bargain: How Democracies Survive (Princeton UP, 2023). How did democracies like Athens, Rome, and England overcome the challenges that accompanied wealth and expansion? How did the ancients influence the American Founders? What lessons can they teach us for preserving democracy today?

Josiah Ober is the Constantine Mitsotakis Professor in the School of Humanities and Sciences at Stanford University and Senior Fellow at the Hoover Institution. In addition to The Civic Bargain, he is the author of The Rise and Fall of Classical Greece, Democracy and Knowledge: Innovation and Learning in Classical Athens, and The Greeks and the Rational: The Discovery of Practical Reason. He is also the Director of the Stanford Civics Initiative.

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.

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Dylan C. Penningroth, "Before the Movement: The Hidden History of Black Civil Rights" (Liveright, 2023)

Tue, 26 Sep 2023 08:00:00 -0000

A prize-winning scholar draws on astonishing new research to demonstrate how Black people used the law to their advantage long before the Civil Rights Movement.

The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement.

In Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023), acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these “rights of everyday use,” Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself—the laws all of us live under today.

Penningroth’s narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story—their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life—a vision allied with, yet distinct from, “the freedom struggle.”

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Laura F. Edwards, "The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South" (UNC Press, 2009)

Mon, 25 Sep 2023 08:00:00 -0000

Do individuals have the right to “keep and bear” arms? Do “the people” have any collective rights to public safety? Now that the United States Supreme Court requires each side to argue based on the “history” and “tradition” of 1791 and 1868, what do scholars tell us about legal practices and public understanding in those times? Dr. Laura F. Edwards argues that Americans in the South transformed their understanding of inequality during the half century following the Revolutionary War. Drawing on extensive archival research in North and South Caroline, she outlines the changes in the legal system, highlighting the importance of localized legal practices that favored maintaining the "peace”: a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. People without rights – even those enslaved – “had influence within the system because of their positions of subordination, not in spite of them.” Edwards documents how, by the 1830s, state leaders secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (UNC Press, 2009) concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans.

This award-winning 2009 book is now central to a new Supreme Court case (United States v. Rahimi) dealing with domestic violence and guns – and has been cited in the legal briefs.

Dr. Laura F. Edwards is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty at Princeton University and the award-winning author of four books. Most recently, she wrote Only the Clothes on Her Back: Textiles, Law, and Commerce in the Nineteenth-Century United States published by Oxford in 2022.

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Megan MacKenzie, "Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence" (Cambridge UP, 2023)

Sun, 24 Sep 2023 08:00:00 -0000

Sexual violence is a significant problem within many Western militaries. Despite international attention to the issue and global #MeToo and #TimesUp movements highlighting the impact of sexual violence, rates of sexual violence are going up in many militaries. Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence (Cambridge University Press, 2023) by Dr. Megan MacKenzie uses feminist theories of 'rape culture' and institutional gaslighting to identify the key stories, myths, and misconceptions about military sexual violence that have obstructed addressing and preventing it.

The book is a landmark study that considers nearly thirty years of media coverage of military sexual violence in three case countries – the US, Canada and Australia. Dr. MacKenzie’s findings have implications not only for those seeking to address, reduce, and prevent sexual violence in militaries, but also for those hoping to understanding rape culture and how patriarchy operates more broadly. It will appeal to students, scholars and general readers interested in gender, feminism and the military.

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Kristin Surak, "The Golden Passport: Global Mobility for Millionaires" (Harvard UP, 2023)

Sun, 24 Sep 2023 08:00:00 -0000

Our lives are in countless ways defined by our citizenship. The country we belong to affects our rights, our travel possibilities, and ultimately our chances in life. Obtaining a new citizenship is rarely easy. But for those with the means—billionaires like Peter Thiel and Jho Low, but also countless unknown multimillionaires—it’s just a question of price.

As discussed in The Golden Passport: Global Mobility for Millionaires (Harvard University Press, 2023) more than a dozen countries, many of them small islands in the Mediterranean, Caribbean, and South Pacific, sell citizenship to 50,000 people annually. Through six years of fieldwork on four continents, Dr. Kristin Surak discovered how the initially dubious sale of passports has transformed into a full-blown citizenship industry that thrives on global inequalities. Some “investor citizens” hope to parlay their new passport into visa-free travel—or use it as a stepping stone to residence in countries like the United States. Other buyers take out a new citizenship as an insurance policy or to escape state control at home. Almost none, though, intend to move to their selected country and live among their new compatriots, whose relationship with these global elites is complex.

A groundbreaking study of a contentious practice that has become popular among the nouveaux riches, The Golden Passport takes readers from the details of the application process to the geopolitical hydraulics of the citizenship industry. It’s a business that thrives on uncertainty and imbalances of power between big, globalized economies and tiny states desperate for investment. In between are the fascinating stories of buyers, brokers, and sellers, all ready to profit from the citizenship trade.

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Diana Rickard, "The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence" (NYU Press, 2023)

Sat, 23 Sep 2023 08:00:00 -0000

The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence (NYU Press, 2023) by Dr. Diana Rickard examines how serialized crime shows became an American obsession.

TV shows and podcasts like Making a Murderer, Serial, and Atlanta Monster have taken the cultural zeitgeist by storm, and contributed to the release of wrongly imprisoned people—such as Adnan Syed. The popularity of these long-form true crime docuseries has sparked greater attention to issues of inequality, power, social class, and structural racism. More and more, the American public is asking, Who is and is not deserving of punishment, and who is and is not protected by the law? In The New True Crime, Dr. Rickard argues that these new true crime series deserve our attention for what they reveal about our societal understanding of crime and punishment, and for the new light they shine on the inequalities of the criminal justice system. Questioning the finality of verdicts, framing facts as in the eye of the beholder—these new series unmoor our faith in what is knowable, even as, Rickard critically notes, they often blur the lines between “fact” and “fiction.”

With a focus on some of the most popular true crime podcasts and streaming series of the last decade, Dr. Rickard provides an in-depth analysis of the ways in which this new media—which allows for binge-listening or watching—makes crime into a public spectacle and conveys ideological messages about punishment to its audience. Entertainment values have always been entwined with crime news reporting. Newsworthy stories, Rickard reminds us, need to involve sex, violence, or a famous person, and contain events that can be framed in terms of individualism and conservative ideologies about crime. Even as these old tropes of innocent victims and deviant bad guys still dominate these docuseries, Dr. Rickard also unpacks how the new true crime has been influenced by the innocence movement, a diverse group of organizers and activists, be they journalists, lawyers, formerly incarcerated people, or family members, who now have a place in mainstream consciousness as DNA evidence exonerates the wrongly convicted.

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David Cunningham, January 6th and Asymmetrical Policing (JP, EF)

Thu, 21 Sep 2023 08:00:00 -0000

Recall This Book first heard from the sociologist of American racism David Cunningham in Episode 36 Policing and White Power. Less than a week after the horrors of January 6th, 2021, he came back for this conversation about “asymmetrical policing” of the political right and left–and of White and Black Americans. His very first book (There’s Something Happening Here, 2004) studied the contrast between the FBI’s work in the 1960’s to wipe out left-wing and Black protests and its efforts to control and tame right-wing and white supremacist movements. That gives him a valuable perspective on the run-up to January 6th–and what may happen next.

Mentioned in the Episode

David Cunningham collaborated on this article about the “common pattern of underestimating the threat from right-wing extremists.”
Ulster Defence Association
Kathleen Belew, Bring the War Home: The White Power Movement and Paramilitary America
Ulster Defence Association
Timothy McVeigh and the Oklahoma City Bombing: FBI perspective and reported book
Two of the “after-action” reports on Charlottesville that David discusses are:
“Independent Review of the 2017 Protest Events in Charlottesville, Virginia” (Hunton and Williams 2017)
“Virginia’s Response to the Unite the Right Rally: After-Action Review” (International Association of Chiefs of Police, December 2017)
Lessons Charlottesville (should have) taught us: “Prohibiting Private Armies at Public Rallies” (Georgetown Law School, Institute for Constitutional Advocacy and protection, September 2020).

Listen and Read

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Valentina Capurri, "Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities" (U Toronto Press, 2020)

Wed, 20 Sep 2023 08:00:00 -0000

Valentina Capurri's book Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities (U Toronto Press, 2020) investigates the development of Canadian immigration policy with respect to persons with a disease or disability throughout the twentieth century. With an emphasis on social history, this book examines the way the state operates through legislation to achieve its goals of self-preservation even when such legislation contradicts state commitments to equality rights.

Looking at the ways federal politicians, mainstream media, and the judicial system have perceived persons with disabilities, specifically immigrant applicants with disabilities, this book reveals how Canadian immigration policy has systematically omitted any reference to this group, rendering them socially invisible.

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.

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David B. Wong, "Moral Relativism and Pluralism" (Cambridge UP, 2023)

Tue, 19 Sep 2023 08:00:00 -0000

Today I talked to David B. Wong about his book Moral Relativism and Pluralism (Cambridge UP, 2023).

The argument for metaethical relativism--the view that there is no single true or most justified morality--is that it is part of the best explanation of the most difficult moral disagreements. The argument for this view features a comparison between traditions that highly value relationship and community and traditions that highly value personal autonomy of the individual and rights. It is held that moralities are best understood as emerging from human culture in response to the need to promote and regulate interpersonal cooperation and internal motivational coherence in the individual. The argument ends in the conclusion that there is a bounded plurality of true and most justified moralities that accomplish these functions. The normative implications of this form of metaethical relativism are explored, with specific focus on female genital cutting and abortion.

You can find out more about Prof. David Wong's works here.

The book is open-access and can be freely downloaded here.

Jessica Zu is an intellectual historian and a scholar of Buddhist studies. She is an assistant professor of religion at the University of Southern California.

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Beverley Chalmers, "Child Sex Abuse: Power, Profit, Perversion" (Grosvenor House, 2022)

Sat, 16 Sep 2023 08:00:00 -0000

Children of all ages are abused in every country in the world, by members of every society, culture, religion, and socio-economic class. About 120 million children under twenty, or one child in ten, report sexual abuse.

We often blame children for their own abuse instead of holding the perpetrators responsible for their crimes. When perpetrators are prosecuted, punishments are rarely severe. Remarkably, we sometimes justify child sex abuse, or even facilitate it, allowing it to continue, not only in hidden places, but even in the open. Beverley Chalmers' book Child Sex Abuse: Power, Profit, Perversion (Grosvenor House, 2022) exposes the stunning extent of child sex abuse in today's world.

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Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023)

Wed, 13 Sep 2023 08:00:00 -0000

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.

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A Better Way to Buy Books

Tue, 12 Sep 2023 08:00:00 -0000

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.

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Postscript: How Firearms Fuel Domestic Violence in the US

Mon, 11 Sep 2023 08:00:00 -0000

In 2019, nearly two-thirds of domestic violence homicides in the United States were committed with a gun. On average, three women are killed by a current or former partner every day in the United States. Between 1980 and 2014, more than half of women killed by intimate partners were killed with guns. Domestic violence affects children, friends, neighbors, peace officers, the abusers themselves, and society as a whole. This fall, the United States Supreme Court will hear a Second Amendment case (United States v. Rahimi) that may affect whether Congress or state legislatures may pass laws to mitigate domestic violence. To unpack what we know about the effect of firearms on intimate partner violence, Postscript brings you two nationally recognized experts on public health and firearms and an attorney who helped assembled an amicus brief for the Supreme Court.

Dr. Shannon Frattoroli, PhD, MPH, is Professor at the Johns Hopkins Bloomberg School of Public Health. She is affiliated with the Johns Hopkins Center for Gun Violence Solutions. Her scholarship focuses on how to translate evidence about injury and violence prevention into policies and practices that create safe places for people to thrive. She is a leader on both research and practice efforts to implement firearm dispossession, provisions of domestic violence restraining orders, and the new extreme risk protection order laws (often called “red flag laws”). Policy creation and implementation are crucial components of her research.

Dr. April M. Zeoli, PhD, MPH is Associate Professor of Health Management at the University of Michigan's School of Public Health and also the Policy Core Director at their Institute for Firearm Injury Prevention. Her research focuses on the impact of state-level firearm safety laws on interpersonal firearm violence. She studies domestic violence-related firearm restrictions, such as laws that require or allow firearm restrictions on domestic violence restraining orders. She has particular interest in outcomes (for example reductions in violence, including suicide and intimate partner homicide) and how local implementation affects these outcomes. She is dedicated to using science to create and enforce policy that reduces firearm violence.

Kelly Roskam, JD, is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She served as the Legal Director of the Educational Fund to Stop Gun Violence and has published on gun violence restraining orders, most recently work highlighting the practical implications of the Rahimi case (e.g., she co-authored “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” with her colleague at Johns Hopkins, Spencer Cantrell and Natalie Nanasi at SMU-Dedman).

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Aleksandra Nicole Pfau, "Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France" (Amsterdam UP, 2020)

Mon, 11 Sep 2023 08:00:00 -0000

The concept of madness as a challenge to communities lies at the core of legal sources. Aleksandra Pfau, Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France (Amsterdam University Press, 2020) considers how communal networks, ranging from the locale to the realm, responded to people who were considered mad. The madness of individuals played a role in engaging communities with legal mechanisms and proto-national identity constructs, as petitioners sought the king’s mercy as an alternative to local justice. The resulting narratives about the mentally ill in late medieval France constructed madness as an inability to live according to communal rules. Although such texts defined madness through acts that threatened social bonds, those ties were reaffirmed through the medium of the remission letter. The composers of the letters presented madness as a communal concern, situating the mad within the household, where care could be provided. Those considered mad were usually not expelled but integrated, often through pilgrimage, surveillance, or chains, into their kin and communal relationships.

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Tiantian Zheng, "Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China" (Bloomsbury, 2022)

Sun, 10 Sep 2023 08:00:00 -0000

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.

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Tomaz Jardim, "Ilse Koch on Trial: Making the 'Bitch of Buchenwald'" (Harvard UP, 2023)

Wed, 06 Sep 2023 08:00:00 -0000

On September 1, 1967, one of the Third Reich's most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the "Bitch of Buchenwald," Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in "bestial" sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resulted in a scandal that prompted US Senate hearings and even the intervention of President Truman.

Yet the most sensational atrocities attributed to Koch were apocryphal or unproven. In this authoritative reappraisal, Tomaz Jardim shows that, while Koch was guilty of heinous crimes, she also became a scapegoat for postwar Germans eager to distance themselves from the Nazi past. The popular condemnation of Koch--and the particularly perverse crimes attributed to her by prosecutors, the media, and the public at large--diverted attention from the far more consequential but less sensational complicity of millions of ordinary Germans in the Third Reich's crimes.

Ilse Koch on Trial: Making the 'Bitch of Buchenwald' (Harvard UP, 2023) reveals how gendered perceptions of violence and culpability drove Koch's zealous prosecution at a time when male Nazi perpetrators responsible for greater crimes often escaped punishment or received lighter sentences. Both in the international press and during her three criminal trials, Koch was condemned for her violation of accepted gender norms and "good womanly behavior." Koch's "sexual barbarism," though treated as an emblem of the Third Reich's depravity, ultimately obscured the bureaucratized terror of the Nazi state and hampered understanding of the Holocaust.

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Yanna Yannakakis, "Since Time Immemorial: Native Custom and Law in Colonial Mexico" (Duke UP, 2023)

Mon, 04 Sep 2023 08:00:00 -0000

In Since Time Immemorial: Native Custom and Law in Colonial Mexico (Duke UP, 2023), Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom—social practice that through time takes on the normative power of law—acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents.

By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.

Joaquín Rivaya-Martínez es profesor de Historia en Texas State University. Sus intereses académicos incluyen la etnohistoria, los pueblos indígenas de las Grandes Llanuras y el Suroeste de EE.UU., la frontera México-EE.UU. y la América hispánica.

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Ari Ezra Waldman, "Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power" (Cambridge UP, 2021)

Sat, 02 Sep 2023 08:00:00 -0000

In Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power (Cambridge UP, 2021), Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they weaken the law to make data-extractive products the norm. In contrast to those who claim that privacy law is getting stronger, Waldman shows why recent shifts in privacy law are precisely the kinds of changes that corporations want and how even those who think of themselves as privacy advocates often unwittingly facilitate corporate malfeasance. This powerful account should be read by anyone who wants to understand why privacy laws are not working and how corporations trap us into giving up our personal information.

Jake Chanenson is a computer science Ph.D. student at the University of Chicago and an AY23-24 affiliate at the Center for Information, Technology, and Public Life (CITAP). 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.

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Ben Mattlin, "Disability Pride: Dispatches from a Post-ADA World" (Beacon, 2022)

Sat, 02 Sep 2023 08:00:00 -0000

In Disability Pride: Dispatches from a Post-ADA World (Beacon, 2022), disabled journalist Ben Mattlin weaves together interviews and reportage to introduce a cavalcade of individuals, ideas, and events in engaging, fast-paced prose. He traces the generation that came of age after the ADA reshaped America, and how it is influencing the future. He documents how autistic self-advocacy and the neurodiversity movement upended views of those whose brains work differently. He lifts the veil on a thriving disability culture--from social media to high fashion, Hollywood to Broadway--showing how the politics of beauty for those with marginalized body types and facial features is sparking widespread change.

He also explores the movement's shortcomings, particularly the erasure of nonwhite and LGBTQIA+ people that helped give rise to Disability Justice. He delves into systemic ableism in health care, the right-to-die movement, institutionalization, and the scourge of subminimum-wage labor that some call legalized slavery. And he finds glimmers of hope in how disabled people never give up their fight for parity and fair play.

Beautifully written, without anger or pity, Disability Pride is a revealing account of an often misunderstood movement and identity, an inclusive reexamination of society's treatment of those it deems different.

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Marion Holmes Katz, "Wives and Work: Islamic Law and Ethics Before Modernity" (Columbia UP, 2022)

Fri, 01 Sep 2023 08:00:00 -0000

In this interview, I speak with Marion Holmes Katz about her latest book Wives and Work: Islamic Law and Ethics Before Modernity (Columbia UP, 2022). This fascinating book explores the question of wives’ domestic responsibilities from a Sunni Islamic legal perspective, covering scholarship from the ninth to the fourteenth centuries. The book addresses questions such as, does the wife have the obligation to provide housework? What counts as housework? And if it is true that the wife is not obligated to perform any household labor, as many western Muslims believe, how did the Muslim tradition reconcile this ruling with the anecdote involving Fatima’s request to the Prophet Muhammad for help with household work because she is overworked? And how did Muslim scholars reconcile this idea with what they understood to be morally, culturally, or religiously correct behavior from a woman? If the wife does choose to perform housework, is she entitled to compensation from her husband?

For most Muslim scholars historically, answers to these questions involved distinguishing between ethical ideals and legal claims. Katz shows, for instance, that the discourse on women’s household labor evolves with time, context, geographical location, such that, for example, in the formative period, it was widely accepted that wives are not obligated to perform any household chores, but by the time we get to the 14th century, this doctrine is challenged. Overall, then, not only do scholarly views expectedly disagree with each other, but also, scholars are less interested in providing a set of generic rules about wifely duties and more in encouraging the fulfillment of duties as they’re understood in one’s own social location.

In our conversation today, we discuss the book’s main contributions and its origins; a hadith report describing an incident about Fatima’s request to Muhammad for domestic help; what exactly domestic service means and who is required or obligated to provide it—and what that obligation means; what exactly is so ethical about household work, since this discourse is rooted in ethics for Muslim scholars; and how male scholars have historically treated domestic service. We end with some thoughts on discussions about Islamic law and domestic service from a class perspective; for example, where do poor men and poor wives fit into this discussion? What are their rights?

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Sarah R. Coleman, "The Walls Within: The Politics of Immigration in Modern America" (Princeton UP, 2023)

Thu, 31 Aug 2023 08:00:00 -0000

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.

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Who’s Afraid of the Catholic Integralists? (with Kevin Vallier)

Thu, 31 Aug 2023 08:00:00 -0000

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.

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Dagmar Schafer, "Ownership of Knowledge: Beyond Intellectual Property" (MIT Press, 2023)

Wed, 30 Aug 2023 08:00:00 -0000

Ownership of Knowledge: Beyond Intellectual Property (MIT Press, 2023) provides a framework for knowledge ownership that challenges the mechanisms of inequality in modern society.

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Tomiko Brown-Nagin, "Civil Rights Queen: Constance Baker Motley and the Struggle for Equality" (Knopf Doubleday, 2023)

Wed, 30 Aug 2023 08:00:00 -0000

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.

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Asad L. Asad, "Engage and Evade: How Latino Immigrant Families Manage Surveillance in Everyday Life" (Princeton UP, 2023)

Sun, 27 Aug 2023 08:00:00 -0000

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.

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Julian Jackson, "France on Trial: The Case of Marshal Pétain" (Harvard UP, 2023)

Sun, 27 Aug 2023 08:00:00 -0000

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

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Kalyani Ramnath, "Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942-1962" (Stanford UP, 2023)

Sun, 27 Aug 2023 08:00:00 -0000

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.

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Beverley Clough and Jonathan Herring, "Disability, Care and Family Law" (Routledge, 2021)

Wed, 23 Aug 2023 08:00:00 -0000

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

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Postscript: Guns, Violence, and the Law: How Federal Courts are Trying to Figure Out the Second Amendment

Tue, 22 Aug 2023 08:00:00 -0000

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.

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Liran Einav and Amy Finkelstein, "We've Got You Covered: Rebooting American Health Care" (Penguin, 2023)

Mon, 21 Aug 2023 08:00:00 -0000

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.

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Morgan L. W. Hazelton et al., "The Elevator Effect: Contact and Collegiality in the American Judiciary" (Oxford UP, 2023)

Mon, 21 Aug 2023 08:00:00 -0000

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.

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Becoming Justice Thomas

Sun, 20 Aug 2023 08:00:00 -0000

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.

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Lauren S. Foley, "On the Basis of Race: How Higher Education Navigates Affirmative Action Policies" (NYU Press, 2023)

Wed, 16 Aug 2023 08:00:00 -0000

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.

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Scott Skinner-Thompson, "Privacy at the Margins" (Cambridge UP, 2021)

Wed, 16 Aug 2023 08:00:00 -0000

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

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Benjamin Y. Fong, "Quick Fixes: Drugs in America from Prohibition to the 21st Century Binge" (Verso, 2023)

Tue, 15 Aug 2023 08:00:00 -0000

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?

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Sara Beam, "Trial of Jeanne Catherine: Infanticide in Early Modern Geneva" (U Toronto Press, 2020)

Mon, 14 Aug 2023 08:00:00 -0000

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.

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Len Niehoff and Thomas Sullivan, "Free Speech: From Core Values to Current Debates" (Cambridge UP, 2022)

Wed, 09 Aug 2023 08:00:00 -0000

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.

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Postscript: Protecting the Public? Guns, Intimate Partner Violence, and the US Supreme Court

Mon, 07 Aug 2023 08:00:00 -0000

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.

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Sharon Thompson, "Quiet Revolutionaries: The Married Women's Association and Family Law" (Hart Publishing, 2022)

Sun, 06 Aug 2023 08:00:00 -0000

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.

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The Future of Space Travel: A Discussion with Douglas C. Ligor

Sat, 05 Aug 2023 08:00:00 -0000

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).

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Cause Lawyering and Human Rights in Indonesia

Fri, 04 Aug 2023 08:00:00 -0000

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

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Talking Clarence Thomas: A Conversation with Amul Thapar

Tue, 01 Aug 2023 08:00:00 -0000

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.

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Mayur R. Suresh, "Terror Trials: Life and Law in Delhi's Courts" (Fordham UP, 2022)

Sun, 30 Jul 2023 08:00:00 -0000

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.

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Alice E. Marwick, "The Private Is Political: Networked Privacy and Social Media" (Yale UP, 2023)

Sun, 30 Jul 2023 08:00:00 -0000

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.

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Daisy Cheung and Michael Dunn, "Advance Directives Across Asia: A Comparative Socio-legal Analysis" (Cambridge UP, 2023)

Fri, 28 Jul 2023 08:00:00 -0000

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

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The Texas Two-Step and Johnson & Johnson’s Baby Powder

Wed, 26 Jul 2023 08:00:00 -0000

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.

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Postscript: Is it Unconstitutional to Take Guns Away from Domestic Abusers?

Mon, 24 Jul 2023 08:00:00 -0000

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.

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Mere Natural Law: A Conversation with Hadley Arkes

Tue, 18 Jul 2023 08:00:00 -0000

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.

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Stephen Bright and James Kwak, "The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts" (The New Press, 2023)

Sat, 15 Jul 2023 08:00:00 -0000

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.

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Samuel Issacharoff, "Democracy Unmoored: Populism and the Corruption of Popular Sovereignty" (Oxford UP, 2023)

Sat, 15 Jul 2023 08:00:00 -0000

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.

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Nikki M. Taylor, "Brooding over Bloody Revenge: Enslaved Women's Lethal Resistance" (Cambridge UP, 2023)

Sat, 15 Jul 2023 08:00:00 -0000

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.

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Nour Halabi, "Radical Hospitality: American Policy, Media, and Immigration" (Rutgers UP, 2022)

Thu, 13 Jul 2023 08:00:00 -0000

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.

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J. Logan Smilges, "Crip Negativity" (U of Minnesota Press, 2023)

Wed, 12 Jul 2023 08:00:00 -0000

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Hassan S. Khalilieh, "Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought" (Cambridge UP, 2019)

Wed, 12 Jul 2023 08:00:00 -0000

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.

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Jacqueline Kinghan, "Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives" (Bloomsbury, 2021)

Tue, 11 Jul 2023 08:00:00 -0000

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."

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Morgan L. W. Hazelton and Rachael K. Hinkle, "Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making" (UP Kansas, 2022)

Mon, 10 Jul 2023 08:00:00 -0000

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.

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Tina Shrestha, "Surviving the Sanctuary City: Asylum-Seeking Work in Nepali New York" (U Washington Press, 2023)

Sun, 09 Jul 2023 08:00:00 -0000

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).

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Chris Desan on Making Money (Recall This Buck)

Wed, 05 Jul 2023 08:00:00 -0000

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)

Read the episode here.

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Sarah Banet-Weiser and Kathryn C. Higgins, "Believability: Sexual Violence, Media, and the Politics of Doubt" (Polity Press, 2023)

Wed, 05 Jul 2023 08:00:00 -0000

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.

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Glen W. Olson and Terry Lee Brussel-Rogers, "Fifty Years of Polyamory in America: A Guided Tour of a Growing Movement" (Rowman & Littlefield, 2022)

Tue, 04 Jul 2023 08:00:00 -0000

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.

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The Supreme Court's Past, Present, and Future: A Conversation with John Yoo

Mon, 03 Jul 2023 08:00:00 -0000

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.

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The Future of Oceans: A Discussion with Chris Armstrong

Mon, 03 Jul 2023 08:00:00 -0000

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.

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G. Edward White, "Law in American History, Volume III: 1930-2000" (Oxford UP, 2019)

Sun, 02 Jul 2023 08:00:00 -0000

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.

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Danielle Allen, "Justice by Means of Democracy" (U Chicago Press, 2023)

Thu, 29 Jun 2023 08:00:00 -0000

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Helle Porsdam, "Science as a Cultural Human Right" (U Pennsylvania Press, 2022)

Wed, 28 Jun 2023 08:00:00 -0000

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.

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Lynsey Black, "Gender and Punishment in Ireland: Women, Murder and the Death Penalty, 1922-64" (Manchester UP, 2022)

Tue, 27 Jun 2023 08:00:00 -0000

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

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Stephen Vladeck, "The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic" (Basic Books, 2023)

Mon, 26 Jun 2023 08:00:00 -0000

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.

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Bradley C. S. Watson, "Progressivism: The Strange History of a Radical Idea" (U Notre Dame Press, 2020)

Sun, 25 Jun 2023 08:00:00 -0000

“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.

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Ngaire Naffine, "Criminal Law and the Man Problem" (Bloomsbury, 2020)

Fri, 23 Jun 2023 08:00:00 -0000

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.

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Postscript: Politics, Identity, and the US Supreme Court

Fri, 23 Jun 2023 08:00:00 -0000

Postscript invites authors to react to contemporary political events that engage their scholarship. Since the Supreme Court is wrapping up their term, three political scientists and one law professor joined Susan to talk about the power of the Federalist Society in shaping the courts (and how lawyers might strategically use political science research to get more progressive outcomes), how race, ethnicity, and gender issues have affected the construction of the U.S. Supreme Court over time, and a very lively discussion of this term’s Supreme Court decisions – and also actions outside the Court like Chief Justice Roberts refusing to appear before Congress.

Dr. Christine C. Bird, JD, PhD is an Assistant Professor of Political Science at Oklahoma State University and the Director of the Bird Law and Public Policy Lab (LAPP). Her research examines elite interests' influence on public policymaking in the judicial system.
Dr. Zachary McGee, PhD is an Assistant Professor of Political Science at Kenyon College focusing on American political institutions with an emphasis on Congress, political parties, interest groups, and the policy process. Christine and Zach recently co-wrote “Looking Forward: Interest Group Legal Strategy and Federalist Society Affiliation in the United States Circuit Courts of Appeal,” for Polity’s symposium on the Supreme Court as well as “Going Nuclear: Federalist Society Affiliated Judicial Nominees’ Prospects and a New Era of Confirmation Politics” for American Politics Research (2023).
Dr. Paul Collins, PhD is Professor of Legal Studies and Political Science at the University of Massachusetts Amherst. His research focuses on understanding bias and inequality in the legal system, the selection and work of judges, and social movement litigation.
Dr. Lori A. Ringhand is the J. Alton Hosch Professor of Law at the University of Georgia College of Law. Her work on the confirmation process has been cited in major national and international media outlets.

Paul and Lori previously published Supreme Court Confirmation Hearings and Constitutional Change (Cambridge University Press) and they also contributed an article to the Polity Symposium entitled “Constructing the Supreme Court: How Race, Ethnicity, and Gender Have Affected Presidential Selection and Senate Confirmation Hearings.” Their co-authors Christina L. Boyd and Karson A. Pennington were unable to join us.

Zac mentions Susan’s article in the Polity symposium, The Politics of Law: Capricious Originalism and the Future of the Supreme Court.

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

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J. Barton Scott, "Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India" (U Chicago Press, 2023)

Thu, 22 Jun 2023 08:00:00 -0000

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.

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Samuel G. Freedman, "Into the Bright Sunshine: Young Hubert Humphrey and the Fight for Civil Rights" (Oxford UP, 2023)

Wed, 21 Jun 2023 08:00:00 -0000

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.

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Giulia Pecorella, "The United States of America and the Crime of Aggression" (Routledge, 2021)

Wed, 21 Jun 2023 08:00:00 -0000

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.

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David Cressy, "Shipwrecks and the Bounty of the Sea" (Oxford UP, 2022)

Wed, 21 Jun 2023 08:00:00 -0000

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.

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Anna Schur, "The Letters and the Law: Legal and Literary Culture in Late Imperial Russia" (Northwestern UP, 2022)

Tue, 20 Jun 2023 08:00:00 -0000

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.

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Jacqueline Beatty, "In Dependence: Women and the Patriarchal State in Revolutionary America" (NYU Press, 2023)

Sun, 11 Jun 2023 08:00:00 -0000

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

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Patrick J. Charles, "Vote Gun: How Gun Rights Became Politicized in the United States" (Columbia UP, 2023)

Sat, 10 Jun 2023 08:00:00 -0000

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.

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Timothy V. Kaufman-Osborn, "The Autocratic Academy: Reenvisioning Rule Within America's Universities" (Duke UP, 2023)

Sat, 10 Jun 2023 08:00:00 -0000

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.

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Brent Willock, "The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death" (Torchflame Books, 2018)

Tue, 06 Jun 2023 08:00:00 -0000

Just when the world thought Oscar Pistorius’ meteoric rise to Olympic glory and international celebrity had terminated abysmally in prison, Brent Willock’s scientific perspective reopens this gripping narrative for an astonishing re-view. Olympian Oscar Pistorius’ spectacular assent to fame ground to a screeching halt in the wee hours of Valentine’s Day, 2013. Hearing a sound emanating from his bathroom, he grabbed his pistol and he stumbled to the washroom, screaming at the intruders to leave. Fearing someone was about to emerge to harm him and his girlfriend, Reeva, he fired four bullets into the bathroom. Soon he realized he had killed his lover. Horrified, he summoned the authorities. The investigating detective believed this was yet another case of an escalating argument where a man murdered his partner. World opinion is split. Some believe Oscar. Others are convinced he committed a despicable crime of passion.

In The Wrongful Conviction of Oscar Pistorius: Science Transforms Our Comprehension of Reeva Steenkamp's Shocking Death (Torchflame Books, 2018), distinguished clinical psychologist Brent Willock brings an entirely new perspective to bear on these horrific events: that Oscar’s horrific actions occurred while he was in a state of paradoxical sleep, also known as parasomnia. Throughout this book, Willock uses scientific scrutiny and legal precedence to resolve the crucial anomalies surrounding the Oscar Pistorius trial. Willock also discusses how mental health experts and the defense team might have overlooked the hypothesis of parasomnia that could have exonerated Oscar. Millions who followed the Blade Runner’s astonishing achievements, uplifted and inspired by his triumph over physical adversity, were crushed by his precipitous plunge from grace. They were baffled. Even Oscar himself, in a television interview shortly before his sentencing, achingly asked, “I always think, How did this possibly happen? How could this have happened?” At last, Willock’s elegant work responds to these poignant questions that have so plagued and pained Reeva’s family, friends, Oscar, and, indeed, the world.

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Adrian Masters, "We, the King: Creating Royal Legislation in the Sixteenth-Century Spanish New World" (Cambridge UP, 2023)

Sat, 03 Jun 2023 08:00:00 -0000

We, the King: Creating Royal Legislation in the Sixteenth-Century Spanish New World (Cambridge University Press, 2023) by Dr. Adrian Masters challenges the dominant top-down interpretation of the Spanish Empire and its monarchs' decrees in the New World, revealing how ordinary subjects had much more say in government and law-making than previously acknowledged.

During the viceregal period spanning the post-1492 conquest until 1598, the King signed more than 110,000 pages of decrees concerning state policies, minutiae, and everything in between. Through careful analysis of these decrees, Dr. Masters illustrates how law-making was aided and abetted by subjects from various backgrounds, including powerful court women, indigenous commoners, Afro-descendant raftsmen, secret saboteurs, pirates, sovereign Chiriguano Indians, and secretaries' wives. Subjects' innumerable petitions and labor prompted – and even phrased - a complex body of legislation and legal categories demonstrating the degree to which this empire was created from the “bottom up”.

Innovative and unique, We, the King reimagines our understandings of kingship, imperial rule, colonialism, and the origins of racial categories.

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Amber Knight and Joshua Miller, "Prenatal Genetic Testing, Abortion, and Disability Justice" (Oxford UP, 2023)

Thu, 01 Jun 2023 08:00:00 -0000

The routinization of non-invasive prenatal genetic testing (NIPT) raises urgent questions about disability rights and reproductive justice. Supporters defend NIPT on the grounds that genetic information about the fetus helps would-be parents make better family planning choices. Prenatal Genetic Testing, Abortion, and Disability Justice challenges that assessment by exploring how NIPT can actually constrain pregnant women's options. Prospective parents must

balance a complicated array of factors, including the familial, social, and financial support they can reasonably expect to receive if they choose to carry a disabled fetus to term and raise after birth, causing many pregnant women to “choose” termination.

Focusing on the US, the book explores the intent and effects of prenatal screening in connection to women's bodily autonomy and disability rights, addressing themes at the intersection of genetic medicine, policymaking, critical disabilities studies, and political theory. Knight and Miller shift debates about reprogenetics from bioethics to political practice, as well as thoroughly critiquing the neoliberal state and the eugenic technologies that support it. Providing concrete suggestions for reforming medical practice, welfare policy, and cultural norms surrounding disability, this book highlights sites of necessary reform to envision how prospective parents can make truly free choices about prenatal genetic testing and selection abortion.

Amber Knight, Associate Professor of Political Science and Public Administration, University of North Carolina at Charlotte. Joshua Miller, Assistant Teaching Professor of Political Science and Public Administration, University of North Carolina at Charlotte.

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Defining Man and Woman: A Conversation with Abigail Favale

Wed, 31 May 2023 14:54:32 -0000

Amidst fraught debates about what gender is, and how it fits into feminism, Annika sits down with Dr. Abigail Favale, an English professor specializing in gender studies and feminist literary criticism turned Catholic convert. Dr. Favale is now a professor and writer at the McGrath Institute for Church Life at the University of Notre Dame, and the author of The Genesis of Gender: A Christian Theory.

Her latest essay, "From Post-Christian Feminism to Catholicism," is here.

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Orly Lobel, "The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future" (PublicAffairs, 2022)

Wed, 31 May 2023 08:00:00 -0000

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.

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Assessing Affirmative Action: A Conversation with Jason Riley

Mon, 29 May 2023 08:00:00 -0000

With the Supreme Court poised to potentially outlaw race-conscious admissions, Affirmative Action may soon be on the chopping block.

What will be the legacy of this half-century-old policy? Jason Riley, senior fellow at the Manhattan Institute and columnist at the Wall Street Journal, discusses affirmative action's impact both on the black community and the broader American education system. Riley is the author of Maverick: A Biography of Thomas Sowell and Please Stop Helping Us: How Liberals Make It Harder for Blacks to Succeed.

Riley's piece "Racial Preferences Harm Their Beneficiaries, Too" is here.

Riley's article "The College Board's Racial Pandering" is here.

Statistical evidence of the impact of racial preferences in college admissions, mentioned in the discussion is here.

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Jessica M. Marglin, "The Shamama Case: Contesting Citizenship Across the Modern Mediterranean" (Princeton UP, 2022)

Sat, 27 May 2023 08:00:00 -0000

In the winter of 1873, Nissim Shamama, a wealthy Jew from Tunisia, died suddenly in his palazzo in Livorno, Italy. His passing initiated a fierce lawsuit over his large estate. Before Shamama’s riches could be disbursed among his aspiring heirs, Italian courts had to decide which law to apply to his estate—a matter that depended on his nationality. Was he an Italian citizen? A subject of the Bey of Tunis? Had he become stateless? Or was his Jewishness also his nationality? Tracing a decade-long legal battle involving Jews, Muslims, and Christians from both sides of the Mediterranean, The Shamama Case: Contesting Citizenship Across the Modern Mediterranean (Princeton UP, 2022) offers a riveting history of citizenship across regional, cultural, and political borders.

On its face, the crux of the lawsuit seemed simple: To which state did Shamama belong when he died? But the case produced hundreds of pages in legal briefs and thousands of dollars in lawyers’ fees before the man’s estate could be distributed among his quarrelsome heirs. Jessica Marglin follows the unfolding of events, from Shamama’s rise to power in Tunis and his self-imposed exile in France, to his untimely death in Livorno and the clashing visions of nationality advanced during the lawsuit. Marglin brings to life a Dickensian array of individuals involved in the case: family members who hoped to inherit the estate; Tunisian government officials; an Algerian Jewish fixer; rabbis in Palestine, Tunisia, and Livorno; and some of Italy’s most famous legal minds.

Drawing from a wealth of correspondence, legal briefs, rabbinic opinions, and court rulings, The Shamama Case reimagines how we think about Jews, the Mediterranean, and belonging in the nineteenth century.

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Myra Tawfik, "For the Encouragement of Learning: The Origins of Canadian Copyright Law" (U Toronto Press, 2023)

Wed, 24 May 2023 08:00:00 -0000

Myra Tawfik's book For the Encouragement of Learning: The Origins of Canadian Copyright Law (U Toronto Press, 2023) addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and the commercial interests of publishers often conflict with the public interest in access to knowledge. It chronicles Canada’s earliest copyright law to explain how pre-Confederation policy-makers understood copyright’s normative purpose.

Using government and private archives and copyright registration records, Myra Tawfik demonstrates that the nineteenth-century originators of copyright law intended to promote the advancement of learning in schools by encouraging the mass production of educational material. The book reveals that copyright laws were integral features of British North American education policy and highlights the important roles played by teachers, education reformers, and politicians in the emergence and development of the laws. It also explains how policy-makers began to consider the relationship between copyright and cultural identity formation once British interference into domestic copyright affairs increased, and as Canadian Confederation neared. Using methodologies at the intersection of legal history and book history, For the Encouragement of Learning embeds the copyright legal framework within the history of Canada’s book and print culture.

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The Whys and Wherefores of Migration

Tue, 23 May 2023 08:00:00 -0000

This week on International Horizons, James Hollifield, Professor of Political Science and Director of the Tower Center for Political Studies, Southern Methodist University (SMU), discusses the epistemology of migration studies and delves into some of its foundational works. Hollifield addresses how modern migration regulation is related to the invention of the nation-state and how, in order to understand migration, one needs to study imperial and post-imperial systems. Moreover, Hollifield discusses internal migration, which is an old phenomenon caused mostly by the industrialization of urban centers since the nineteenth century. Finally, Hollifield explains the causes of internal displacement and how it relates to migration, by way of a comparison between the cases of the American continent and that of Europe.

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David Churchill et al., "Historical Criminology" (Routledge, 2021)

Sun, 21 May 2023 08:00:00 -0000

Historical Criminology (Routledge, 2022) breaks new ground by challenging researchers to question what we do, and why we do it. It draws out what criminologists can learn from historians, and examines the concept of historical criminology not as a sub-discipline, but as a core approach to doing criminology. The book questions the way that we think about time as a concept - in the past, the present and the future - and the way that rethinking time and temporality can help understand and respond to crime. In the context of historical criminology, the concept of 'historical thinking' reveals the implicit values, assumptions and methods of knowledge production which are sustained by dominant historical and sociological modes of thinking.

The book is essential reading for criminologists, for students and teachers of theory, concepts and methods in criminology.

Associate Professor David Churchill researches historical criminology and criminal justice history, focusing on policing, security and crime control in modern Britain at The University of Leeds.

Professor Henry Yeomans is a historical criminologist who specialises in the study of alcohol regulation at The University of Leeds.

Dr Iain Channing is a Lecturer in Criminology at and Criminal Justice at The University of Plymouth, who specialises in policing in historical and contemporary contexts.

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

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American Conservatism, Natural Law, and the Good Life: A Conversation with Robert P. George

Sat, 20 May 2023 08:00:00 -0000

What are American conservatives trying to conserve? What is Natural Law, and how can we know it? Is there a single "good life"? Robert P. George, Director of the James Madison Program in American Ideals and Institutions, joins the show to answer these questions and others in the Season One finale.

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Philip Pettit, "The State" (Princeton UP, 2023)

Sat, 20 May 2023 08:00:00 -0000

Philip Pettit is L.S. Rockefeller University Professor of Human Values at Princeton University and Distinguished Professor of Philosophy at the Australian National University, Canberra.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Mark Paul, "The Ends of Freedom: Reclaiming America's Lost Promise of Economic Rights" (U Chicago Press, 2023)

Thu, 18 May 2023 08:00:00 -0000

Since the Founding, Americans have debated the true meaning of freedom. For some, freedom meant the provision of life's necessities, those basic conditions for the "pursuit of happiness." For others, freedom meant the civil and political rights enumerated in the Bill of Rights and unfettered access to the marketplace--nothing more. As Mark Paul explains, the latter interpretation--thanks in large part to a particularly influential cadre of economists--has all but won out among policymakers, with dire repercussions for American society: rampant inequality, endemic poverty, and an economy built to benefit the few at the expense of the many.

In The Ends of Freedom: Reclaiming America's Lost Promise of Economic Rights (University of Chicago Press, 2023), Paul shows how economic rights--rights to necessities like housing, employment, and health care--have been a part of the American conversation since the Revolutionary War and were a cornerstone of both the New Deal and the Civil Rights Movement. Their recuperation, he argues, would at long last make good on the promise of America's founding documents. By drawing on FDR's proposed Economic Bill of Rights, Paul outlines a comprehensive policy program to achieve a more capacious and enduring version of American freedom. Among the rights he enumerates are the right to a good job, the right to an education, the right to banking and financial services, and the right to a healthy environment.

Replete with discussions of some of today's most influential policy ideas--from Medicare for All to a federal job guarantee to the Green New Deal--The Ends of Freedom is a timely and urgent call to reclaim the idea of freedom from its captors on the political right--to ground America's next era in the country's progressive history and carve a path toward a more economically dynamic and equitable nation.

Mark Paul is an assistant professor of economics at the Bloustein School of Planning and Public Policy at Rutgers University.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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America & Democracy Ep. 1: Robert I. Rotberg on Corruption

Tue, 16 May 2023 22:45:10 -0000

In this series of interviews from the MIT Press Podcast, we'll be drawing on the research of various authors to reflect on some of the issues shaping the American political landscape of today.

In this, the first episode, Robert I. Rotberg (author of Anticorruption) discusses corruption - what is it? where is it? And is it getting worse? He explains the long history of corruption in the USA, as well as the measures that can be taken to eradicate it. We also explore issues of corruption across the globe, including the Lava Jato case in Brazil, the authoritarian anti-corruption of Rwanda and the ways in which corporate elites shape politics in countries like the US and the UK.

Robert I. Rotberg is President Emeritus of the World Peace Foundation, Founding Director of Harvard Kennedy School's Program on Intrastate Conflict, and Fellow of the American Academy of Arts and Sciences. He is the author of The Corruption Cure: How Citizens and Leaders Can Combat Graft, Things Come Together: Africans Achieving Greatness in the Twenty-First Century, Transformative Political Leadership, and numerous other books.

Hosted by Sam Kelly; Mixed by Samantha Doyle; Soundtrack by Kristen Gallerneaux

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Michelle Smirnova, "The Prescription-To-Prison Pipeline: The Medicalization and Criminalization of Pain" (Duke UP, 2023)

Mon, 15 May 2023 04:00:00 -0000

In The Prescription-To-Prison Pipeline: The Medicalization and Criminalization of Pain (Duke UP, 2023), Michelle Smirnova argues that the ongoing opioid drug epidemic is the result of an endless cycle in which suffering is medicalized and drug use is criminalized. Drawing on interviews with eighty incarcerated individuals in Missouri correctional institutions, Smirnova shows how contradictions in medical practices, social ideals, and legal policies disproportionately criminalize the poor for their social condition. This criminalization further exacerbates and perpetuates drug addiction and poverty.

Tracing the processes by which social issues are constructed as biomedical ones that necessitate pharmacological intervention, Smirnova highlights how inequitable surveillance, policing, and punishment of marginalized populations intensify harms associated with both treatment and punishment, especially given that the distinctions between the two have become blurred. By focusing on the stories of people whose pain and pharmaceutical treatment led to incarceration, Smirnova challenges the binary of individual and social problems, effectively exploring how the conceptualization, diagnosis, and treatment of substance use may exacerbate outcomes such as relapse, recidivism, poverty, abuse, and death.

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Supurna Banerjee et al., "The Violent Domestic Law: Its Practice and Strategies of Survival" (Zubaan Academic, 2022)

Mon, 08 May 2023 08:00:00 -0000

In 2005, after considerable campaigning by women’s groups, the Indian government brought in an important new law, the Protection of Women from Domestic Violence Act (PWDVA). A civil law, the PWDVA was meant to combat violence against women in familial and intimate spaces.

In The Violent Domestic Law: Its Practice and Strategies of Survival (Zubaan Academic, 2022), the authors ask: how effective has this law been? Have there been any changes in institutional regimes and their politics as a result of this legislation? They look at seven districts of West Bengal and interrogate, through the testimonies of survivors, whether the law reshapes the domestic, or whether the embeddedness of violence in the domestic is so complete that change through law must necessarily be partial and imperfect. Importantly, the questions the authors ask go beyond the heteronormative approach that centres only the married woman in the discourse around domestic violence. They include the voices of lesbian and transgender women, as well as women with physical and psycho-social disabilities. Given these unique insights, The Violent Domestic will be a welcome addition to legal and gender studies.

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The Future of Guantanamo: A Discussion with James Connell

Mon, 08 May 2023 08:00:00 -0000

Will Guantanamo ever be closed down? Some people are still there – all these years after 9/11. So why are they still held and when will it end? James Connell is representing one of those who remains there, Ammar al Baluchi, and tells Owen Bennett Jones about the future of Guantanamo.

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Ewelina U. Ochab and David Alton, "State Responses to Crimes of Genocide: What Went Wrong and How to Change It" (Palgrave Macmillan, 2022)

Mon, 08 May 2023 08:00:00 -0000

In State Responses to Crimes of Genocide: What Went Wrong and How to Change it (Palgrave Macmillan, 2022) Dr Ewelina U. Ochab and Lord Alton of Liverpool bring together ongoing situations of genocide around the globe. Foregrounding the testimonies of victims, the authors' multiple visits to the aftermath of atrocities, and the countless actions taken by Lord Alton in British Parliament over his 40 year political career, this book is a chilling but essential read which compels a response. Atrocities are contextualised in the history of the UN Convention on the Prevention and Punishment of the Crime of Genocide. It poses the question as to what, if anything, has improved since the Genocide Convention was enacted in 1948.

In our interview, Dr Ochab and Lord Alton make the case that the international response to recent and ongoing genocides perpetrated against Uyghur Muslims in Xinjiang, against Rohingya Muslims in Myanmar, against belief minorities in Syria and Iraq, and in Nigeria and Dafur, have been inadequate. Instead, the global community must act to predict, prevent, protect and punish genocide. And while recent responses to these atrocities would seem to give little hope for the future, the book does aim to motivate action to prevent the crime of genocide in the future.

Dr Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response.

Lord David Alton of Liverpool was a Member of the House of Commons in British Parliament for 18 years, and is now an Independent Crossbench Life Peer.

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

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Matt Zwolinski and John Tomasi, "The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism" (Princeton UP, 2023)

Sun, 07 May 2023 08:00:00 -0000

Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful?

Through an examination of the history of libertarianism, The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism (Princeton University Press, 2023) argues that the answer is (and always has been): both. In this book, the authors explore the neglected 19th century roots of libertarianism to show that it emerged first as a radical and progressive doctrine. Libertarianism took a conservative turn in the 20th century primarily as a reaction against the rise of state socialism. Now, with international communism no longer a threat, libertarianism is in the midst of an identity crisis, with progressive and reactionary elements struggling to claim the doctrine as their own, most notably on issues of race. This book tells the history of libertarianism through an examination of six defining themes: private property, skepticism of authority, free markets, individualism, spontaneous order, and individual liberty.

Matt Zwolinski is professor of philosophy at the University of San Diego, where he is director of the Center for Ethics, Economics, and Public Policy.

John Tomasi is president of Heterodox Academy in New York City.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Rupal Oza, "Semiotics of Rape: Sexual Subjectivity and Violation in Rural India" (Duke UP, 2022)

Sat, 06 May 2023 08:00:00 -0000

In Semiotics of Rape: Sexual Subjectivity and Violation in Rural India (Duke UP, 2022), Rupal Oza follows the social life of rape in rural northwest India to reveal how rape is not only a violation of the body but a language through which a range of issues—including caste and gender hierarchies, control over land and labor, and the shape of justice—are contested. Rather than focus on the laws governing rape, Oza closely examines rape charges to show how the victims and survivors of rape reclaim their autonomy by refusing to see themselves as defined entirely by the act of violation. Oza also shows how rape cases become arenas where bureaucrats, village council members, caste communities, and the police debate women’s sexual subjectivities and how those varied understandings impact the status and reputations of individuals and groups. In this way, rape gains meaning beyond the level of the survivor and victim to create a social category. By tracing the shifting meanings of sexual violence and justice, Oza offers insights into the social significance of rape in India and beyond.

Iqra Shagufta Cheema writes and teaches in the areas of media cultures, postcolonial literatures, transnational feminisms, gender and sexuality studies, and global south film studies. Check out her upcoming books: The Other #MeToos and ReFocus: The Films of Annemarie Jacir. Follow her on Twitter

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Material Witness: Media, Forensics, Evidence

Sat, 06 May 2023 08:00:00 -0000

Susan Schuppli is Director of the Centre for Research Architecture in the Department of Visual Cultures at Goldsmiths, University of London. In her book, Material Witnesss, her research is an exploration of the evidential role of matter in contexts including the natural disaster, climate change, and conflict zones. In this interview she discusses her work as a writer, artist and educator.

The evidential role of matter--when media records trace evidence of violence--explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere.

In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather.

These cases include an extraordinary videotape documenting the massacre at Izbica, Kosovo, used as war crimes evidence against Slobodan Milosevic; the telephonic transmission of an iconic photograph of a South Vietnamese girl fleeing an accidental napalm attack; radioactive contamination discovered in Canada's coastal waters five years after the accident at Fukushima Daiichi; and the ecological media or "disaster film" produced by the Deep Water Horizon oil spill in the Gulf of Mexico. Each highlights the degree to which a rearrangement of matter exposes the contingency of witnessing, raising questions about what can be known in relationship to that which is seen or sensed, about who or what is able to bestow meaning onto things, and about whose stories will be heeded or dismissed.

An artist-researcher, Schuppli offers an analysis that merges her creative sensibility with a forensic imagination rich in technical detail. Her goal is to relink the material world and its affordances with the aesthetic, the juridical, and the political.

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Masterpiece Cakeshop and the Cost of My Faith: A Conversation with Jack Phillips and Jake Warner

Fri, 05 May 2023 08:00:00 -0000

Jack Phillips is the owner of Masterpiece Cakeshop in Lakewood, Colorado. In 2012, Jack Phillips declined to create a custom wedding cake celebrating a so-called same-sex marriage. The men who requested the cake filed a charge with the Colorado Civil Rights Commission, beginning a legal battle that reached the U.S. Supreme Court. Jack Phillips joins the show to discuss his new book, The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court. Joining Jack is Jake Warner, legal counsel for Alliance Defending Freedom’s Appellate Team.

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Reece Jones, "White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall" (Beacon Press, 2021)

Thu, 04 May 2023 08:00:00 -0000

Recent racist anti-immigration policies, from the border wall to the Muslim ban, have left many Americans wondering: How did we get here? In White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall (Beacon Press, 2021), Dr. Reece Jones reveals the painful answer: although the US is often mythologized as a nation of immigrants, it has a long history of immigration restrictions that are rooted in the racist fear of the “great replacement” of whites with non-white newcomers. After the arrival of the first slave ship in 1619, the colonies that became the United States were based on the dual foundation of open immigration for whites from Northern Europe and the racial exclusion of slaves from Africa, Native Americans, and, eventually, immigrants from other parts of the world.

Jones' scholarship shines through his extensive research of the United States’ racist and xenophobic underbelly. He connects past and present to uncover the link between the Chinese Exclusion laws of the 1880s, the “Keep America American” nativism of the 1920s, and the “Build the Wall” chants initiated by former president Donald Trump in 2016. Along the way, we meet a bizarre cast of anti-immigration characters, such as John Tanton, Cordelia Scaife May, and Stephen Miller, who pushed fringe ideas about “white genocide” and “race suicide” into mainstream political discourse. Through gripping stories and in-depth analysis of major immigration cases, Jones explores the connections between anti-immigration hate groups and the Republican Party. What is laid bare after his examination is not just the intersection between white supremacy and anti-immigration bias but also the lasting impacts this perfect storm of hatred has had on United States law.

Nicole Trujillo-Pagán is a sociologist and Associate Professor at Wayne State University who studies race, the Latina/o/x population, and socio-spatial mobility. You can follow her on Twitter @BorderStruggles.

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Henrik Örnebring and Michael Karlsson, "Journalistic Autonomy: The Genealogy of a Concept" (U Missouri Press, 2022)

Wed, 03 May 2023 08:00:00 -0000

Journalists around the world agree that autonomy is central to their work, but what exactly is it journalists should be autonomous from, and for what should they use this autonomy? Henrik Örnebring and Michael Karlsson discuss their book Journalistic Autonomy: The Genealogy of a Concept (University of Missouri Press, 2022), which traces the genealogy of the idea of journalistic autonomy from the press freedom debates of the 17th century up to the digital, networked world of the 21st century.

In a conversation with Joanne Kuai, the authors talk about what is ‘autonomy’ and what it means in the context of journalism, and the journey of exploring the concept, using a theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, theoretical biology, and other disciplines. They reflect on whether the concept could be applied not only in liberal democracies but also in totalitarian regimes, and also discuss their ideals of journalism as an institution and what conditions are needed to facilitate that.

Henrik Örnebring is Professor of Media and Communication in the Department of Geography, Media, and Communication at Karlstad University, Sweden. Dr. Örnebring has published widely on journalism, media history, and new media in anthologies and scholarly journals and his most recent book is Newsworkers: Comparing Journalists in Six European Countries. He is the Editor-in-Chief of the Oxford Research Encyclopedia of Journalism Studies.

Michael Karlsson is Professor of Media and Communication in the Department of Geography, Media and Communication at Karlstad University, Sweden. He has primarily published on issues pertaining to the digitalization of journalism. He is also the author of Transparency and Journalism: A Critical Appraisal of a Disruptive Norm. His is co-editor of Rethinking Research Methods in an Age of Digital Journalism. He is a Senior Editor of the Oxford Research Encyclopedia of Journalism Studies.

Joanne Kuai is a PhD Candidate at Karlstad University, Sweden, with a research project on Artificial Intelligence in Chinese Newsrooms. Her research interests centre around data and AI for media, computational journalism, and the social implications of automation and algorithms. Find her on LinkedIn or Twitter @JoanneKuai.

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Rachel Dunn et al., "What Is Legal Education For?" (Routledge, 2022)

Tue, 02 May 2023 08:00:00 -0000

This book delves deep into the question of what is legal education for? Who does it serve, and how, as educators can we reflect on what we deliver in the law classroom? In answering this question, What is Legal Education For? Re-assessing the Purposes of Early Twenty-First Century Learning and Law Schools (Routledge 2022), editors Dr Rachel Dunn, Professor Paul Maharg and Dr Victoria Roper bring together a collection that grew out of a Modern Law Review Seminar, which celebrated the works of Peter Birks' earlier collection, Pressing Problems in the Law: What is the Law School for? (1996). What is fascinating about this collection is that each chapter offers a unique lens of analysis to consider the role of legal education in society, from the perspective of lawyers, educators and students. We had a really great discussion which considers the challenges that legal educators face, specially with regard to the increasing corporatisation of law schools and what this means both from an international perspective, and also for students from minority backgrounds. This book will be useful for anyone interested in law, law teaching and lawyering, and marks an essential contribution in the evolution of legal pedagogy.

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.

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Defending Academic Freedom: A Conversation with Keith Whittington

Mon, 01 May 2023 13:53:17 -0000

What is academic freedom for? What are the greatest threats to academic freedom today? Should Critical Race Theory be taught on college campuses? What about in K-12 classrooms? Keith Whittington, Chairman of the Academic Freedom Alliance's Academic Committee and the William Nelson Cromwell Professor of Politics at Princeton University, joins the show to answer these questions and discuss the work of the Academic Freedom Alliance.

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All Men Are Created Equal: A Conversation with Allen C. Guelzo

Thu, 27 Apr 2023 19:41:17 -0000

Is the Declaration of Independence unique? Does the Declaration prescribe a form of government? What is the relationship between the Declaration and the Constitution? Allen C. Guelzo, Director of the James Madison Program's Initiative on Politics and Statesmanship, joins the show to answer these questions and more.

Guelzo's essay "Harry and me" can be found here.

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Paul A. Lombardo, "Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell" (Johns Hopkins UP, 2022)

Mon, 24 Apr 2023 08:00:00 -0000

“Three generations of imbeciles are enough” were the infamous words U.S. Supreme Court Justice Oliver Wendell Holmes Jr. wrote in 1927. In Buck v. Bell, an almost unanimous Court upheld a Virginia law allowing the sterilization of people the state found to be “socially inadequate” and “feebleminded.” This landmark decision allowed the eugenics movement to take full effect, with multiple states passing similar laws.

In Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell (Johns Hopkins UP, 2022), Dr. Paul Lombardo unpacks the case of an individual – Carrie Buck – to argue that the case not only represents the collective power of the eugenics movement in the early 20th century but an individual miscarriage of justice. Using extensive archival sources, Dr. Lombardo demonstrates that Carrie Buck was neither a “moral degenerate” or “feeble-minded.” She was a rape victim of sound mind. Her sterilization was based on fraudulent evidence. The powerful eugenics lobby manufactured a case – and a sympathetic court gave them a precedent that justified Carrie Buck’s sterilization – and over 60,000 sterilizations in the following decades.

Three Generations, No Imbeciles frames the history of sterilization as essential to understanding contemporary legal fights over birth control and abortion. Does the constitution’s promise of “liberty” include the right to become pregnant or end a pregnancy? Dr. Lombardo’s epilogue and afterward outlines the connections between Buck and modern cases involving abortion, disability rights, and reparations for those sterilized. Originally published in 2008, the book has been updated in 2022 with a terrific epilogue and afterward with an eye towards contemporary events in reproductive politics.

Dr. Paul A. Lombardo is Regents’ Professor and Bobby Lee Cook Professor of Law at the Center for Law, Health & Society at Georgia State University. He has published extensively on topics in health law, medico-legal history, and bioethics and is best known for his work on the legal history of the American eugenics movement. His website houses the images and all documents discussed in the podcast including the petition for rehearing created by the National Council of Catholic Men.

Daniela Campos 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.

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Kerri Lynn Stone, "Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity" (Cambridge UP, 2022)

Fri, 21 Apr 2023 08:00:00 -0000

More than fifty years of civil rights legislation and movements have not ended employment discrimination. Kerri Lynn Stone's Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity (Cambridge UP, 2022) reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause.

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Barak S. Cohen, "The Legal Methodology of Late Nehardean Sages in Sasanian Babylonia" (Brill, 2011)

Thu, 20 Apr 2023 08:00:00 -0000

Barak S. Cohen's The Legal Methodology of Late Nehardean Sages in Sasanian Babylonia (Brill, 2011) consists of a systematic analysis of the halakhic/legal methodology of fourth and fifth century Nehardean amoraim in Babylonia (as well as their identity and dating). The book uncovers various distinct characteristics present in the halakhic decision making and source interpretation, and demonstrates how certain amoraim can be characterized as portraying consistent interpretive and legal approaches throughout talmudic literature. Understanding the methodological characteristics that distinguish some amoraim from other amoraim can aid the talmudic interpreter/scholar in clarifying the legal foundations of their rulings, the proofs that they bring within talmudic discourse, as well as their disputes and interpretations. This allows a better understanding of the development of Jewish Law and the legal system in talmudic Babylonia.

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Immigration, Islam, and the Erosion of Women's Rights: A Conversation with Ayaan Hirsi Ali

Wed, 19 Apr 2023 19:02:42 -0000

Born in Somalia, Ayaan Hirsi Ali is a women’s rights activist, free speech advocate, and New York Times bestselling author. She joins the show to discuss her new book, Prey: Immigration, Islam, and the Erosion of Women's Rights. [Note: This conversation includes discussion of sensitive topics related to sexual violence.]

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Kaitlin Sidorsky and Wendy J. Schiller, "Inequality across State Lines: How Policymakers Have Failed Domestic Violence Victims in the United States" (Cambridge UP, 2023)

Sun, 16 Apr 2023 08:00:00 -0000

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Kaitlin Sidorsky and Wendy J. Schiller's book Inequality across State Lines: How Policymakers Have Failed Domestic Violence Victims in the United States (Cambridge UP, 2023) illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-by-town response. This book goes beyond revealing the vast differences in how states respond to domestic violence, by offering pathways to reform.

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Tomiko Brown-Nagin, "Civil Rights Queen: Constance Baker Motley and the Struggle for Equality" (Pantheon Books, 2022)

Sat, 15 Apr 2023 08:00:00 -0000

Civil Rights Queen: Constance Baker Motley and the Struggle for Equality (Pantheon Books, 2022) 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.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Abortion and the Law

Wed, 12 Apr 2023 08:00:00 -0000

Today’s Postscript focuses on abortion politics in the United States, with particular attention to the April 7, 2023 federal court decisions in Texas and Washington controlling access to mifepristone and the wider political forces at play. We have a slightly different format for today’s emergency podcast – spanning four time zones. First, legal historian Mary Ziegler, Martin Luther King Professor of Law at UC Davis, shares insights on the two cases – and why the Texas opinion is such a radical departure with regards to standing and legal language. Then Political Scientist Rebecca Kreitzer, Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill, provides a deep dive on the role of the Comstock Act of 1873 and why this 19th century law helps us understand 21st century reproductive politics. The podcast concludes with two scholars of politics and law Dr. Renée Ann Cramer, Professor of Law, Politics, and Society at Drake University and Dr. Joshua C. Wilson, Professor of Political Science at the University of Denver). They pull back the curtain on the cases to expose the ways in which those who oppose abortion have created parallel organizations to provide the false expertise relied upon in the Texas decision. We also talk about the wider implications of banning approved medications for trans people.

Links mentioned in the podcast:

Mary Ziegler, The Texas Abortion-Pill Ruling Signals Pro-Lifers’ Next Push
New York Times graphic of the 100+ scholarly articles proving mifepristone safe
The opposing court opinions from the Texas and Washington courts
December 2022 Department of Justice Memo on Comstock, abortion, mifepristone, and misoprostol
Rep. Pat Schroeder’s 1996 speech calling for the part of Comstock regarding abortion to be overturned.

Rebecca J. Kreitzer and Candis Watts Smith, Washington Post, on Alito’s draft and research on women’s political power.

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Nishant Kumar, "Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary" (Routledge, 2022)

Mon, 10 Apr 2023 08:00:00 -0000

Nishant Kumar's Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary (Routledge, 2022) analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process – the structural and functional aspects of working of judiciary – affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian case within the larger discourse of censorship and freedom of expression around the world, thereby marking its similarities and differences. In unravelling the politics of censorship, the author also examines the interaction among different stakeholders like government, non-state actors and the judiciary.

A tract for our times, this book will be of great interest to scholars and researchers of law, especially constitutional law and fundamental rights, politics, especially political theory and Indian politics, modern India and South Asian studies.

Tiatemsu Longkumer is a Ph.D. scholar working on Indigenous Religion and Christianity at North-Eastern Hill University, Shillong: India.

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Judge Amy Coney Barrett on "The Constitution as Our Story"

Sat, 08 Apr 2023 08:00:00 -0000

Amy Coney Barrett is a judge on the U.S. 7th Circuit Court of Appeals. In 2019, Judge Barrett delivered the James Madison Program's Annual Walter F. Murphy Lecture in American Constitutionalism. The lecture was entitled "The Constitution as Our Story."

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James J. Park, "The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies" (Cambridge UP, 2022)

Fri, 07 Apr 2023 08:00:00 -0000

Public companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies (Cambridge University Press, 2022) shows how securities fraud became a major regulatory concern. Drawing on case studies of paradigmatic securities enforcement actions involving Xerox, Penn Central, Apple, Enron, Citigroup, and General Electric, the book argues that corporate securities fraud emerged as investors increasingly valued companies based on their future performance. Corporations now have an incentive to issue unrealistically optimistic disclosure to convince markets that their success will continue. Securities regulation must do more to protect the integrity of public companies from the pressure of the valuation treadmill.

James J. Park is Professor of Law at UCLA School of Law.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Abortion and the Pro-Life Movement: A Conversation with Alexandra DeSanctis

Wed, 05 Apr 2023 14:19:06 -0000

Alexandra DeSanctis is a Staff Writer for National Review and a Visiting Fellow at the Ethics and Public Policy Center. She joins Madison's Notes to discuss abortion, the Pro-Life movement in America, the state of free speech in journalism, and more! You can read Bari Weiss's letter of resignation here.

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Ronald Niezen, "The Memory Seeker" (Black Rose Writing, 2023)

Mon, 03 Apr 2023 08:00:00 -0000

The Memory Seeker is a novel that, drawing upon Professor Ronald Niezen's background in researching human rights, takes on the experiences of war violence and its aftermath, the vagaries of memory, and the incompleteness of courtroom justice.

When Dutch-Canadian Peter Dekker is hired as an investigator by the International Criminal Court in The Hague, he has no inkling of the war crimes that lie in his own family's history. His work takes him to Timbuktu, where he collaborates with Malian colleagues to document war crimes from a recent and only partly-ended civil war. While he is on assignment, his live-in girlfriend, Nora, gets to know Peter's estranged aunt living in The Hague, and uncovers a dark history of murder, revenge and collaboration with the Nazi occupiers. As the stories of his family under Nazi rule unfold and the intrigues multiply, Peter is confronted with a war crime in which he finds himself next-of-kin rather than an investigator.

A work of fiction that draws upon Niezen's ethnographic expertise, The Memory Seeker unsettles assumptions of past, present, and future for those engaging with the process of war crimes investigation.

Professor Ronald Niezen is a Professor of Practice in the Departments of Sociology and of Political Science /International Relations at the University of San Diego. Ron previously taught at McGill University for nearly 20 years and at Harvard for 10 years.

Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum Tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support.

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Foluke Adebisi, "Decolonisation and Legal Knowledge: Reflections on Power and Possibility" (Bristol UP, 2023)

Sun, 02 Apr 2023 08:00:00 -0000

Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge: Reflections on Power and Possibility (Bristol UP, 2023) details the ways in which the law is heavily implicated in creating, maintaining, and reproducing racialized hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonization and explores how this examination can inform teaching, researching, and practicing of law. Furthermore, the book explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonization to produce legal knowledge for flourishing futures.

Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work.

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Rose Parfitt, "The Process of International Legal Reproduction: Inequality, Historiography, Resistance" (Cambridge UP, 2019)

Fri, 31 Mar 2023 08:00:00 -0000

Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance (Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilizing fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, The Process of International Legal Reproduction exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The result is a powerful critique of international law's role in establishing and perpetuating inequalities of wealth, power, and pleasure, accompanied by a call to attend more closely to the strategies of resistance that are generated in that process.

Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University.

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Elizabeth M. Renieris, "Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse" (MIT Press, 2023)

Fri, 31 Mar 2023 08:00:00 -0000

Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world.

Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse (MIT Press, 2023), Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people.

Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive history of how both laws and corporate policies enacted in the name of data privacy have been fundamentally incapable of protecting humans. Her research identifies the inherent deficiency of making data a rallying point in itself—data is not an objective truth, and what’s more, its “entirely contextual and dynamic” status makes it an unstable foundation for organizing. In proposing a human rights–based framework that would center human dignity and autonomy rather than technological abstractions, Renieris delivers a clear-eyed and radically imaginative vision of the future.

At once a thorough application of legal theory to technology and a rousing call to action, Beyond Data boldly reaffirms the value of human dignity and autonomy amid widespread disregard by private enterprise at the dawn of the metaverse.

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Administrative State 101: A Conversation with Adam J. White

Thu, 30 Mar 2023 08:00:00 -0000

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.

You can read White's Atlantic article "A Republic, If We Can Keep It" here.

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Susan Burgess, "LGBT Inclusion in American Life: Pop Culture, Political Imagination, and Civil Rights" (NYU Press, 2023)

Thu, 30 Mar 2023 08:00:00 -0000

LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights (NYU Press, 2023) is a tour de force that weaves together the various narratives about the transformation of a counter public, in this case, LBGT citizens, into rights bearing citizenship, and the transformation of mainstream political and cultural narratives, incorporating shifting conceptions that open up space for this integration. As Political Scientist Susan Burgess explains throughout the book, a basic exploration of public opinion data reflects the substantial shift that many Americans have had in their thinking about individuals who are part of the LGBT community, and about the community itself. But the public opinion data only goes so far in telling the story of this rapid transformation. Using the American political development framework of political time, Burgess sees profound political transformation, but through what she describes as queered political time, noting that substantive ideas in this context are vitally important. Thus, the focus of LGBT Inclusion in American Life is on the space where narratives and imagination are able to project new ideas that can then open up our thinking and provide opportunities to re-imagine fundamental social and political concepts.

Political imagination gives us a chance to consider alternatives; we can see new or different worlds that provide us with different ways to think about institutions and power, about families, about gender and sexuality. This space also provides us with paths into thinking about the future. Burgess focuses on worlds that have been created in popular culture that construct different situations, or that deconstruct our ideas and we can imagine what might come out of that deconstruction. Through plays, television shows, and movies, as are the focus here, we can see power—which is at the heart of politics—differently conceived, implemented, constructed, wielded. Burgess integrates nuanced and important analyses of popular culture artifacts like Bond films, war movies, and family-focused television series to tease apart the shifting ideas of individual and community moral standards (movies about military service), masculinity (Bond films), and the family (Leave It to Beaver, 30something, The Americans). Each section of the book examines the particular theme that is connected to the “central pillars of LBGT freedoms” like the right to marry legally, the right to serve openly in the U.S. military, and the right to have consensual adult sex without fear of criminal penalty. The legality of these rights shifted rather quickly over the past twenty years, and Burgess’ research dives into the connection between popular culture’s imagined spaces and the demand and reality of lived experiences. LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights essentially provides the “rest of the story” – analyzing how these spaces of political imagination supplemented Americans’ understandings of the LBGT community and the individuals within that community, not necessarily through representation, but through changing narratives and expansive storytelling and world building.

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 (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

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Woodrow Hartzog, "Privacy's Blueprint: The Battle to Control the Design of New Technologies" (Harvard UP, 2018)

Tue, 28 Mar 2023 08:00:00 -0000

Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves―even when the odds are deliberately stacked against them.

In Privacy's Blueprint: The Battle to Control the Design of New Technologies (Harvard UP, 2018), Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.

Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy’s Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.

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.

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Leigh Goodmark, "Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism" (U California Press, 2023)

Wed, 22 Mar 2023 08:00:00 -0000

Leigh Goodmark’s new book, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (U California Press, 2023), uses the stories of individual criminalized survivors of gender based violence to illuminate the ways that the criminal legal system perpetuates violence against the very women, transgender people, and gender non-conforming people it claims to protect. Leigh argues that reform is not the answer to this problem, and that instead of limiting our efforts and imaginations to the pursuit of reforms that ultimately expand the reach of the criminal legal system, we should invest in abolition feminism and a world of non-carceral supports and resources like housing, healthcare, and education instead of arrest, prosecution, and incarceration.

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David Houston Jones, "Visual Culture and the Forensic: Culture, Memory, Ethics" (Routledge, 2022)

Wed, 22 Mar 2023 08:00:00 -0000

The relationship between images and truth has a complicated history. In the Western tradition, the Kantian settlement on aesthetic judgment as detached from external interests gave rise to artistic production of images that were read with epistemic authority. But the advent of modernity has at once shaken this certainty and reinforced it. No sooner than we reckoned with the singular history painting and illustrated magazines, we have landed in a mass-media world where any possible image can and does exist.

And the more we are surrounded by images, the greater claims they make. Photographs are not only routinely used to convey news, they are used to establish what is and isn’t true. The crime scene photograph is now as likely to be used in a court of law as in a newspaper infographic explainer. The artifact is at once the evidentiary carrier of truth and a visualisation used to confirm it. It creates meaning and it argues for it

Visual Culture and the Forensic: Culture, Memory, Ethics (Routledge, 2022) bridges practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example, in performance and installation art, or photography. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence.

David Houston Jones speaks to Pierre d’Alancaisez about the evidentiary and forensic burden of art and photography, the artifice of crime imaging, the visual traces of data, and the ontology of data and objects.

Angela Strassheim’s Evidence
Melanie Pullen’s Crime Scenes, Hugo’s Camera
The death of Alan Kurdi and Ai WeiWei’s restaging of the scene
Kathryn Smith’s Incident Room: Jacoba ‘Bubbles’ Shroeder, 1949-2012
Luc Delahaye
Horace Vernet
Trevor Paglen’s Autonomy Cube
Laura Poitras’ Citizenfour
Julian Charrière’s Blue Fossil Entropic Stories, 2013
Simon Norkfolk’s When I am Laid in Earth
Cory Arcangel’s Data Diaries, 2003
Interview with Eyal Weizmann and Matthew Keenan on Forensic Aesthetics and the practice of Forensic Architecture
Josef Mengele’s bones used in forensic identification
Forensic Architecture‘s investigations
Interview with Toby Green and Thomas Fazi on The Covid Consensus.

David Houston Jones is Professor of French and Visual Culture at the University of Exeter.

Pierre d’Alancaisez is a contemporary art curator, cultural strategist, researcher. Sometime scientist, financial services professional.

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Daniel L. Hatcher, "Injustice, Inc.: How America's Justice System Commodifies Children and the Poor" (U California Press, 2023)

Tue, 21 Mar 2023 08:00:00 -0000

Injustice, Inc.: How America's Justice System Commodifies Children and the Poor (U California Press, 2023) exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning ethics to churn vulnerable children and adults into unconstitutional factory-like operations.

Hatcher reveals stark details of revenue schemes and reflects on the systemic racialized harm of the injustice enterprise. He details how these corporatized institutions enter contracts to make money removing children from their homes, extort fines and fees, collaborate with debt collectors, seize property, incentivize arrests and evictions, enforce unpaid child labor, maximize occupancy in detention and "treatment" centers, and more. Injustice, Inc. underscores the need to unravel these predatory operations, which have escaped public scrutiny for too long.

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Melanie Heath, "Forbidden Intimacies: Polygamies at the Limits of Western Tolerance" (Stanford UP, 2023)

Tue, 21 Mar 2023 08:00:00 -0000

In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies: Polygamies at the Limits of Western Tolerance (Stanford UP, 2023), Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance.

These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organise to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualise the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive.

What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love.

Rituparna Patgiri is an Assistant Professor of Sociology at Indraprastha College for Women, University of Delhi. She has a PhD in Sociology from Jawaharlal Nehru University (JNU), New Delhi. Her research interests lie in the areas of food, media, gender and public. She is also one of the co-founders of Doing Sociology. Patgiri can be reached at @Rituparna37 on Twitter.

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Daniel Heath Justice and Jean M. O'Brien, "Allotment Stories: Indigenous Land Relations Under Settler Siege" (U Minnesota Press, 2021)

Mon, 20 Mar 2023 08:00:00 -0000

Daniel Heath Justice and Jean M. O'Brien's book Allotment Stories: Indigenous Land Relations Under Settler Siege (U Minnesota Press, 2021) collects more than two dozen chronicles of white imperialism and Indigenous resistance. Ranging from the historical to the contemporary and grappling with Indigenous land struggles around the globe, these narratives showcase both scholarly and creative forms of expression, constructing a multifaceted book of diverse perspectives that will inform readers while provoking them toward further research into Indigenous resilience.

John Cable is assistant professor of history at Abraham Baldwin Agricultural College in Tifton, Georgia. He earned the Ph.D. in history at Florida State University in 2020. His forthcoming book, Southern Enclosure: Settler Colonialism and the Postwar Transformation of Mississippi (University Press of Kansas), will be out in December 2023.

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Liz Curran, "Better Law for a Better World: New Approaches to Law Practice and Education" (Routledge, 2021)

Mon, 20 Mar 2023 08:00:00 -0000

In Better Law for a Better World: New Approaches to Law Practice and Education (Routledge, 2021) I spoke with Dr Liz Curran about the urgent need for innovation in law, legal practice, and legal education. In her book, she challenges the adversarial and hierarchical nature of the legal system, to uncover the harms that these processes and systems cause by the failure to recognise the person behind the legal problem. Drawing on both quantitive and qualitative research, and also her own wealth of experience as a practitioner and educator, Dr Curran offers insights into the way that the legal system fails the most vulnerable. However, the book, is not without hope; it offers models of better practice, and space for further research provide the incentive and innovation necessary to create better law for a better world.

Dr Liz Curran is an Associate Professor in the School of Law at Nottingham Trent University.

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Hernán Flom, "The Informal Regulation of Criminal Markets in Latin America" (Cambridge UP, 2022)

Thu, 16 Mar 2023 08:00:00 -0000

Political Scientist Hernán Flom has written a fascinating and nuanced analysis of how the criminal drug markets operate in Argentina and Brazil. Instead of tracking the path that illegal drugs take or examining how the criminal justice system works in Latin American countries, Flom has focused, instead, on the illegal drug markets as economic and political institutions to examine how they actually operates within Brazil and Argentina. From this perspective, we learn quite a lot about market forces, civilian and police institutions, and “law and order” approaches in both these countries. The Informal Regulation of Criminal Markets in Latin America (Cambridge UP, 2022) provides a comparative analysis of the criminal markets in these two countries—Brazil and Argentina—as well as differentiating between how these markets work in larger, urban centers, and in smaller cities. This effectively teases out distinctions between how police work with or against these criminal markets, and how the local and national politicians often articulate distinct approaches to how to manage criminal enterprises.

The Informal Regulation of Criminal Markets in Latin America examines patterns in the relationships between police, politicians, drug cartels, and criminal actors. These patterns are not necessarily new, but as Flom makes clear, they operate in different ways in different venues and with regard to different types of informal arrangements. In doing a cross national comparison as well as internal comparisons within country, Flom has been able to get at some distinctions that come from the colonial past that has also led to different racial configurations in these comparative urban environments. The research also measures different levels of both police and criminal violence, to gage the kinds of relationships that may be in place between these often-opposing entities. The relationship between the police, as subnational units, and politicians also figures into the various levels of police violence. The Informal Regulations of Criminal Markets in Latin America gets at the key variables that come into play in regard to police conduct and the kinds of policies that politicians are both articulating and trying to implement—often through the police.

This is a multi-dimensional analysis that explores criminal markets from important and unique perspectives. Flom worked at the National Ministry of Security in Argentina during the course of this research, and he is able to bring his scholarly expertise as well as his own experience to the research and analysis, making this a particularly rich comparison across countries and urban centers within those countries.

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 (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

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Bradford Vivian, "Campus Misinformation: The Real Threat to Free Speech in American Higher Education" (Oxford UP, 2022)

Wed, 15 Mar 2023 08:00:00 -0000

If we listen to the politicians and pundits, college campuses have become fiercely ideological spaces where students unthinkingly endorse a liberal orthodoxy and forcibly silence anyone who dares to disagree. These commentators lament the demise of free speech and academic freedom. But what is really happening on college campuses?

Campus Misinformation: The Real Threat to Free Speech in American Higher Education (Oxford UP, 2022) shows how misinformation about colleges and universities has proliferated in recent years, with potentially dangerous results. Popular but highly misleading claims about a so-called free speech crisis and a lack of intellectual diversity on college campuses emerged in the mid-2010s and continue to shape public discourse about higher education across party lines. Such disingenuous claims impede constructive deliberation about higher learning while normalizing suspect ideas about First Amendment freedoms and democratic participation.

Taking a non-partisan approach, Bradford Vivian argues that reporting on campus culture has grossly exaggerated the importance and representativeness of a small number of isolated events; misleadingly advocated for an artificial parity between liberals and conservatives as true viewpoint diversity; mischaracterized the use of trigger warnings and safe spaces; and purposefully confused critique and protest with censorship and "cancel culture." Organizations and think tanks generate pseudoscientific data to support this discourse, then advocate for free speech in highly specific ways that actually limit speech in general. In the name of free speech and viewpoint diversity, we now see restrictions on the right to protest and laws banning certain books, theories, and subjects from schools.

By deconstructing the political and rhetorical development of the free speech crisis, Vivian not only provides a powerful corrective to contemporary views of higher education, but provides a blueprint for readers to identify and challenge misleading language--and to understand the true threats to our freedoms.

Bradford Vivian is Professor of Communication Arts and Sciences and past Director of the Center for Democratic Deliberation at Penn State University. His previous books include Commonplace Witnessing: Rhetorical Invention, Historical Remembrance, and Public Culture (OUP 2017) and Public Forgetting: The Rhetoric and Politics of Beginning Again (2010), which received the Winans-Wichelns Award for Distinguished Scholarship in Rhetoric and Public Address awarded by the National Communication Association.

Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly.

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Miriam Bak Mckenna, "Reckoning with Empire: Self-Determination in International Law" (Brill, 2022)

Tue, 14 Mar 2023 08:00:00 -0000

Miriam Bak McKenna is an Associate Professor at the Department of Social Sciences and Business at Roskilde University (Denmark). Her first monograph, Reckoning with Empire: Self-Determination in International Law (Brill, 2023), adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but also in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.

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Ke Li, "Marriage Unbound: State Law, Power, and Inequality in Contemporary China" (Stanford UP, 2022)

Mon, 13 Mar 2023 08:00:00 -0000

In recent years the authors of a slew of books and articles have debated whether China is moving toward or away from the rule of law. Against this end-of-history approach to legal inquiry, Ke Li advocates for an approach that attends to the circumstances in which state actors select legal methodologies for the purposes of statecraft, and those in which they prefer nonlegal, extralegal and illegal ones. She demonstrates this approach in Marriage Unbound: State Law, Power, and Inequality in Contemporary China (Stanford University Press, 2022), in which she offers a sophisticated “historically charged, culturalist perspective” of state legal practice in China, worked out over 15 years of immersive research and careful writing.

Ke Li joins this episode of New Books in Interpretive Political and Social Science to discuss why research on authoritarian legality fails to give culture its due, the differences between practice-oriented inquiry and studies that concentrate on intersubjective meaning-making, causal inference in interpretive research, and descriptive and creative writing in the social sciences. Ke also has some great fieldwork tips for budding ethnographers.

Nick Cheesman is associate professor in the Department of Political and Social Change, Australian National University and in Fall 2022 was a fellow at the Baldy Center for Law and Social Policy, University at Buffalo. He is a committee member of the Interpretive Methodologies and Methods group of the American Political Science Association and co-convenes the Interpretation, Method, Critique network at the ANU.

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Damian Alan Pargas, "Freedom Seekers: Fugitive Slaves in North America, 1800–1860" (Cambridge UP, 2021)

Mon, 13 Mar 2023 08:00:00 -0000

In Freedom Seekers: Fugitive Slaves in North America, 1800–1860 (Cambridge UP, 2021), Damian Alan Pargas introduces a new conceptualization of 'spaces of freedom' for fugitive slaves in North America between 1800 and 1860, and answers the questions: How and why did enslaved people flee to – and navigate – different destinations throughout the continent, and to what extent did they succeed in evading recapture and re-enslavement? Taking a continental approach, this study highlights the diversity of slave fight by conceptually dividing the continent into three distinct – and continuously evolving – spaces of freedom. Namely, spaces of informal freedom in the US South, where enslaved people attempted to flee by passing as free blacks; spaces of semi-formal freedom in the US North, where slavery was abolished but the precise status of fugitive slaves was contested; and spaces of formal freedom in Canada and Mexico, where slavery was abolished and runaways were considered legally free and safe from re-enslavement.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Richard Thompson Ford, "Dress Codes: How the Laws of Fashion Made History" (Simon & Schuster, 2021)

Sat, 11 Mar 2023 09:00:00 -0000

Dress codes are as old as clothing itself. For centuries, clothing has been a wearable status symbol; fashion, a weapon in struggles for social change; and dress codes, a way to maintain political control. Dress codes evolved along with the social and political ideals of the day, but they always reflected struggles for power and status. In the 1700s, South Carolina’s “Negro Act” made it illegal for Black people to dress “above their condition.” In the 1920s, the bobbed hair and form-fitting dresses worn by free-spirited flappers were banned in workplaces throughout the United States.

Even in today’s more informal world, dress codes still determine what we wear, when we wear it—and what our clothing means. People lose their jobs for wearing braided hair, long fingernails, large earrings, beards, and tattoos or refusing to wear a suit and tie or make-up and high heels. In some cities, wearing sagging pants is a crime.

In Dress Codes: How the Laws of Fashion Made History (Simon & Schuster, 2021), law professor and cultural critic Dr. Richard Thompson Ford presents a history of the laws of fashion from the middle ages to the present day, a walk down history’s red carpet to uncover and examine the canons, mores, and customs of clothing—rules that we often take for granted. After reading Dress Codes, you’ll never think of fashion as superficial again—and getting dressed will never be the same.

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Jefferson Cowie, "Freedom's Dominion: A Saga of White Resistance to Federal Power" (Basic Book, 2022)

Fri, 10 Mar 2023 10:00:00 -0000

Jefferson Cowie discusses his book Freedom’s Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022), beginning with the book’s origin story, and then tracing the use of "freedom" to dominate others in Barbour County, Alabama, from Indian Removal in the 1830s through the Civil Rights Movement in the 1960s.

This episode was produced for "Working History," the podcast of the Southern Labor Studies Association.

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Measure for Measure Episode 6: IQ

Tue, 07 Mar 2023 09:00:00 -0000

The Intelligence Quotient is a measure of intelligence that has life-or-death consequences. Should we trust it?

GUEST

Alan Gouddis is a Partner with Sherman & Sterling. He was recognized by The Legal 500 as a “Leading Lawyer” in M&A Litigation Defense in 2021.

This episode was produced by Andrew Middleton and Liya Rechtman.

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Rohit De, "A People's Constitution: The Everyday Life of Law in the Indian Republic" (Princeton UP, 2018)

Mon, 06 Mar 2023 09:00:00 -0000

Rohit De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution: The Everyday Life of Law in the Indian Republic (Princeton University Press, 2018) considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Rohit De is assistant professor of history at Yale University.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Eugénie Mérieau, "Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law" (Bloomsbury, 2021)

Mon, 06 Mar 2023 09:00:00 -0000

Why has Thailand had 20 constitutions since 1932? What accounts for the remarkable veneration Thais often feel towards these short-lived documents? How is that military coups can be viewed as completely legal in Thailand? And what accounts for the leading role prominent legal experts play in Thailand’s political order?

In this podcast, Thailand scholar Duncan McCargo talks to Eugénie Mérieau about her wide-ranging new book, Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law (Bloomsbury, 2021), which analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late nineteenth century to the present day.

Eugénie Mérieau is an Associate Professor of Public Law (maîtresse de conférences) at the University of Paris 1 Panthéon-Sorbonne, and a member of the Sorbonne Institute of Philosophical and Legal Research (CNRS).

Enjoyed this podcast? Here are some related recent podcasts on Thailand from the New Books Network:

Puangthong Pawakapan on Infiltrating Society: The Thai Military’s Internal Security Affairs
Supalak Ganjanakhundee on A Soldier King: Monarchy and Military in the Thailand of Rama X
Duncan McCargo on Network Monarchy
Duncan McCargo on Fighting for Virtue: Justice and Politics in Thailand

Duncan McCargo is director of the Nordic Institute of Asian Studies, and a professor of political science at the University of Copenhagen. For his work on Thai politics, go here.

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Elizabeth T. Hurren, "Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research" (Cambridge UP, 2021)

Fri, 03 Mar 2023 09:00:00 -0000

In Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research (Cambridge University Press, 2021), Dr. Elizabeth T. Hurren maps the post-mortem journeys of bodies, body-parts, organs, and brains, inside the secretive culture of modern British medical research after WWII as the bodies of the deceased were harvested as bio-commons. Often the human stories behind these bodies were dissected, discarded, or destroyed in death.

Hidden Histories of the Dead recovers human faces and supply-lines in the archives that medical science neglected to acknowledge. Dr. Hurren investigates the medical ethics of organ donation, the legal ambiguities of a lack of fully-informed consent and the shifting boundaries of life and re-defining of medical death in a biotechnological era. Dr. Hurren reveals the implicit, explicit and missed body disputes that took second-place to the economics of the national and international commodification of human material in global medical sciences of the Genome era.

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Who Gets Believed? When the Truth Isn't Enough

Tue, 28 Feb 2023 09:00:00 -0000

Why are people judged on whether or not they are compelling? Why isn’t telling the truth enough? What are people really listening for when others share their truths? And how does this harm asylum seekers? Dina Nayeri joins us to share:

Why our perceptions of other people’s experiences impact them and us.
What makes a “credible” story, and what doesn’t.
How her own stories shape her.
Why it can be difficult to believe a messy truth.
What she had to forgive herself for.
The book Who Gets Believed.

Today’s book is: Who Gets Believed by Dina Nayeri, which asks unsettling questions about lies, truths, and the difference between being believed and being dismissed. Dina Nayeri begins with asking why are honest asylum seekers dismissed as liars? She shares shocking and illuminating case studies, as the book grows into a reckoning with our culture’s views on believability. From learning the tools of persuasion and performance in her job at McKinsey to struggling to believe her troubled brother-in-law, Nayeri explores an aspect of our society that is rarely held up to the light. Who Gets Believed is a book as deeply personal as it is profound in its reflections on morals, language, literature, human psychology, and the unspoken social codes that determine how we relate to one another.

Our guest is: Dina Nayeri, who is the author of novels, articles, and creative nonfiction. A former Fellow at the Columbia Institute for Ideas and Imagination in Paris, winner of the UNESCO City of Literature Paul Engle Prize, and fellow at the American Library in Paris, she has also won a National Endowment for the Arts literature grant, the O. Henry Prize, and Best American Short Stories, among other honors. Her work has been published in 20+ countries, in The Guardian, The New Yorker, Granta, and many other publications. She is a graduate of Princeton, Harvard, and the Iowa Writers Workshop. She has recently joined the permanent faculty at the University of St. Andrews.

Our host is: Dr. Christina Gessler, who is a historian.

Listeners to this episode may also be interested in:

The American Library in Paris
The Innocence Project
A Teaspoon of Earth and Sea, by Dina Nayeri
Refuge, by Dina Nayeri
The Ungrateful Refugee, by Dina Nayeri
Becoming the Writer You Already Are, by Michelle R. Boyd

Welcome to The Academic Life! Join us here each week to learn from today’s experts inside and outside the academy, and embrace the broad definition of what it means to live an academic life.

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Thomas Kuehn, "Patrimony and Law in Renaissance Italy" (Cambridge UP, 2022)

Mon, 27 Feb 2023 09:00:00 -0000

Thomas Kuehn, Professor Emeritus at Clemson University talks about his new book, Patrimony and Law in Renaissance Italy (Cambridge University Press, 2022) and share's the knowledge produced in a long and fruitful career. Family was a central feature of social life in Italian cities. In the Renaissance, jurists, humanists, and moralists began to theorize on the relations between people and property that formed the 'substance' of the family and what held it together over the years. Family property was a bundle of shared rights. This was most evident when brothers shared a household and enterprise, but it also faced overlapping claims from children and wives which the paterfamilias had to recognize. Thomas Kuehn explores patrimony in legal thought, and how property was inherited, managed and shared in Renaissance Italy. Managing a patrimony was not a simple task. This led to a complex and active conceptualization of shared rights, and a conscious application of devices in the law that could override liabilities and preserve the group, or carve out distinct shares for each member. This wide-ranging volume charts the ever-present conflicts that arose and were a constant feature of family life.

Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender.

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Jeffrey S. Bachman, "The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect" (Rutgers UP, 2022)

Fri, 24 Feb 2023 09:00:00 -0000

Why have the founding members of the United Nations (the P5) evaded accountability for their crimes of genocide?

Jeff Bachman, of the American University School of International Service, provides an answer in his book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Rutgers UP, 2022). It starts with an analysis of the processes that led to the adoption of the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide in December 1948. It ends with a call of the “self-perpetuating” implications of Western impunity for genocidal violence, at home and abroad. Bachman narrows in on the five permanent members of the UN Security Council to highlight the structural inequality baked into the Genocide Convention. The result is a cogent and devastating evaluation of the ways in which the Western powers of the P5 -- the US in particular -- are assumed to act in good faith when it comes to preventing and punishing acts of genocide.

Susan Thomson is an Associate Professor of Peace and Conflict Studies at Colgate University. I like to interview pretenure scholars about their research. I am particularly keen on their method and methodology, as well as the process of producing academic knowledge about African places and people.

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Elizabeth Lhost, "Everyday Islamic Law and the Making of Modern South Asia" (UNC Press, 2022)

Fri, 24 Feb 2023 09:00:00 -0000

Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But professionals, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state’s authority over personal law and rejected legal codification by embracing flexibility and possibility. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost, South Asia Digital Librarian for the Center for Research Libraries, rejects narratives of stagnation and decline and shows in Everyday Islamic Law and the Making of Modern South Asia (UNC Press, 2022), how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated the contests and challenges of colonial legal change.

The rich archive of unpublished fatwa files, qazi notebooks, and legal documents they left behind chronicles their efforts to make Islamic law relevant for everyday life, even beyond colonial courtrooms and the confines of family law. Lhost shows how ordinary Muslims shaped colonial legal life and how their diversity and difference have contributed to contemporary debates about religion, law, pluralism, and democracy in South Asia and beyond. In our conversation we discussed legal pluralism under British colonialism, alternative archives of legal information, the Queen’s Proclamation of 1858, the role of the category “religion” in colonial politics, Islamic legal publishing, Muslim marriage registers, the Muslim Personal Law Application Act of 1937, and the effects of Islamic legal practice in the lives of everyday people.

Kristian Petersen is an Associate 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.

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Frederick Schauer, "The Proof: Uses of Evidence in Law, Politics, and Everything Else" (Harvard UP, 2022)

Thu, 23 Feb 2023 09:00:00 -0000

In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence.

In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.

Prof. Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. He is also a fellow of the American Academy of Arts and Sciences, a corresponding fellow of the British Academy and a past recipient of a Guggenheim Fellowship.

Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support.

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Social Media Influencers and Digital Media Regulation in Vietnam

Thu, 23 Feb 2023 09:00:00 -0000

In 2021, a famous Vietnamese businesswoman hosted a three-hour long Facebook livestream, in which she named and shamed celebrities for their controversial public behaviours. This formed part of a regular pattern of personal attacks, in which she weaponised livestreaming to denounce media and charity organisations in front of huge online audiences. This case marked a turning point in Vietnam, forcing the government to contend with growing political activity in the online environment, and prompting new digital media regulation.

In this episode, Dr Jonathon Hutchinson joins Dr Natali Pearson to discuss this case and other examples of online socio-political activism in Vietnam, reflecting on the tension between social media influencing and digital media regulation, and highlighting its potential positive and negative effects.

About Jonathon Hutchinson:

Dr Jonathon Hutchinson is a Senior Lecturer in Online Communication and Media at the University of Sydney. He is a Chief Investigator on the Australian Research Council Discovery Project, Online News and Media Pluralism, and is also a Chief Investigator on the eSafety Commission Research project, Emerging online safety issue: co-creating social media education with young people. His research explores cultural production, public service media, cultural intermediation, everyday social media, automated media, and algorithms in media. He is the Editor-in-Chief of the Policy & Internet journal and the Treasurer for the Australian and New Zealand Communication Association. Dr Hutchinson is on the Board of Directors for the Wholistic World Innovation Trophy as part of the Diplomatic World Institute and is an active and regular contributor to the media. He is an award-winning author with articles in a number of national and international Scimago Q1 journals, government submissions, and his book, Cultural Intermediaries: Audience Participation and Media Organisations (2017), is published through Palgrave Macmillan.

For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac.

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Stephanie Wolfe and Matthew Kane, "In the Shadow of Genocide: Justice and Memory Within Rwanda" (Routledge, 2023)

Wed, 22 Feb 2023 09:00:00 -0000

Stephanie Wolfe and Matthew Kane's In the Shadow of Genocide: Justice and Memory Within Rwanda (Routledge, 2023) brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere.

Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars and students of political science, legal studies, French and francophone studies, African studies, genocide and post-conflict studies, development and healthcare, social work, education and library services.

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Deborah Holt Larkin, "A Lovely Girl: The Tragedy of Olga Duncan and the Trial of California's Most Notorious Killer" (Pegasus Crime, 2022)

Wed, 22 Feb 2023 09:00:00 -0000

In A Lovely Girl: The Tragedy of Olga Duncan and the Trial of California's Most Notorious Killer (Pegasus Crime, 2022), Deborah Larkin tells the incredible story of a 1958 murder that ended with the last woman to ever be executed in California—a murder so twisted it seems ripped from a Greek tragedy. Larkin was only ten years old when the quiet calm of her California suburb was shattered. Thirty miles north, on a quiet November night in Santa Barbara, a pregnant nurse named Olga Duncan disappeared from her apartment. The mystery deepens when it is discovered that Olga’s mother in-law—a deeply manipulative and deceptive woman—had been doing everything in her power to separate Olga and her son, Frank, prior to Olga’s disappearance. From a forged annulment to multiple attempts to hire people to “get rid” of Olga, to a faked excoriation case, Elizabeth seemed psychopathically attached to her son. Yet she denied having anything to do with Olga’s disappearance with a smile. But when Olga’s brutally beaten body is found in a shallow grave, apparently buried alive, a young DA makes it his mission to see that Elizabeth Duncan is brought to justice. Adding a wrinkle to his efforts is the fact that Frank—himself a defense attorney—maintained his mother’s innocent to the end. How does a young girl process such a crime along with the fear and disbelieve that rocked an entire community? Decades later, Larkin is determined to revisit the case and bring the story of Olga herself to light. Long overshadowed by the sensationalism and scandal of Elizabeth and Frank, A Lovely Girl seeks to reveal Olga as a woman in full. Someone who was more than the twisted family that would ultimately ensnare her.

Rebekah Buchanan is a Professor of English and Director of English Education at Western Illinois University. Her research focuses on feminism, activism, and literacy practices in youth culture, specifically through zines and music.

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Jonathan Herring, "The Right to Be Protected from Committing Suicide" (Hart Publishing, 2022)

Sun, 19 Feb 2023 09:00:00 -0000

Professor Jonathan Herring makes an argument that suicidal people have a right to be protected from committing suicide, and that the state should be under a duty to take reasonable steps to protect them from killing themselves. In The Right to Be Protected from Committing Suicide (Hart, 2022) Herring takes a deep dive into ideas surrounding autonomy and capacity, to draw out the tensions between these concepts and the legal and ethical debates which provide support for non-interventionist argument based on respect for a "right" to commit suicide. Going beyond the usual concerns of Euthanasia, this book challenges readers to examine suicide as a failing of society to offer support to those who need it, as opposed to an individual choice to end one's life.

Professor Jonathan Herring is a Professor of Law at Exeter College in the Faculty of Law at the University of Oxford. He is the author of around 50 solo authored monographs.

Listener note: In this interview, we discuss suicide, which may be upsetting for some listeners. However, support is available. In the UK, call Samaritans on 11 61 23; the US, Suicide and Crisis Lifeline on 988; in Australia, Lifeline on 13 11 14; and Hong Kong, call Samaritans on 2896 0000.

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

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Zoe Adams, "The Legal Concept of Work" (Oxford UP, 2022)

Sun, 19 Feb 2023 09:00:00 -0000

"Why do we think about some practices as work, and not others? Why do we classify certain capacities as economically valuable skills, and others as innate characteristics? What, moreover, is the role of law in shaping our answers to these questions?"

These are just some of the queries explored by Dr. Zoe Adams's analysis of the legal construction, and regulation, of work, in her book The Legal Concept of Work (Oxford University Press, 2022).

Spanning from the 14th century to the present day, the book explores how the role of law and legal concepts comes to consider some forms of human labour as work, and some forms of human labour as non-work. It examines why perceptions of these activities can change over time, and how legal constitution impacts the way in which work comes to be regulated, organised, and valued.

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Laurent Richard and Sandrine Rigaud, "Pegasus: How a Spy in Your Pocket Threatens the End of Privacy, Dignity, and Democracy" (Henry Holt, 2023)

Sat, 18 Feb 2023 09:00:00 -0000

Pegasus: How a Spy in Your Pocket Threatens the End of Privacy, Dignity, and Democracy (Henry Holt, 2023) is the inside story of a worldwide investigation, sparked by the leak which revealed that cyber-intrusion and cyber-surveillance are happening with exponentially increasing frequency, across the globe. Pegasus, it turns out, is less a law enforcement tool than a weapon for hire and not only a threat to privacy but also to democracy, as the most notorious human-rights-violating governments and autocrat-wannabes are licensing and utilizing Pegasus spyware in the most vulnerable democracies in the world. Pegasus follows the personal stories of real victims--intrepid individuals who have spoken truth to some of the most corrupt, risible powers around the globe.

Laurent Richard is a Paris-based award-winning documentary filmmaker and journalist who was named the 2018 European Journalist of the Year at the Prix Europa in Berlin. He is the founder of Forbidden Stories, a network of investigative journalists devoted continuing the unfinished work of murdered reporters to ensure the work they died for is not buried with them.

Sandrine Rigaud is a French investigative journalist. As editor of Forbidden Stories since 2019, she coordinated the award-winning Pegasus Project and the Cartel Project, an international investigation of assassinated Mexican journalists.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Lisa Hajjar, "The War in Court: Inside the Long Fight Against Torture" (U California Press, 2022)

Sat, 18 Feb 2023 09:00:00 -0000

The War in Court: Inside the Long Fight against Torture (University of California Press, 2022) by Dr. Lisa Hajjar examines how hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies.

Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Dr. Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.

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Women and the History of the Vote in the Prairie Provinces

Fri, 17 Feb 2023 09:00:00 -0000

In this episode, Greg Marchildon interviews Sarah Carter on her book Ours by Every Law of Right and Justice: Women and the Vote in the Prairie Provinces published by the University of British Columbia Press in 2020. She examines the reasons why Manitoba, Saskatchewan and Alberta were the first provinces to extend the vote to women in 1916 and why this same franchise was not extended to First Nations men and women as well as targeted minorities such as Chinese-Canadians until much later. Sarah Carter is professor and Henry Marshall Tory Chair of History and Classics at the University of Alberta and has published extensively on Indigenous history and gender in the Prairie Provinces.

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Andrea G. McDowell, "We the Miners: Self-Government in the California Gold Rush" (Harvard UP, 2022)

Fri, 17 Feb 2023 09:00:00 -0000

When miners arrived in California seeking their fortune during the gold rush of the 1840s and early 1850s, they encountered a place with few existing legal systems. Recently acquired from Mexico, California was truly America's frontier, and when American miners arrived they did what Americans have always done: they held meetings.

In We the Miners: Self-Government in the California Gold Rush (Harvard UP, 2022), Seton Hall law professor Andrea McDowell explains the development and working of miners codes and other legal systems put in place during the heady and often violent early days of the California Gold Rush. Before statehood, miners were on their own to construct a version of direct democracy that reflected their values and gave them power to govern, until the creation of state government and the arrival of corporate mining entities. In McDowell's telling, the early days of the gold rush speak to Americans strong belief in democracy and self-governance, and who gets a say in justice when gold is on the line.

Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota.

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Marvin N. Olasky and Leah Savas, "The Story of Abortion in America: A Street-Level History, 1652-2022" (Crossway, 2023)

Sat, 11 Feb 2023 09:00:00 -0000

Abortion is an issue like no other. Our attitudes towards it and how we define when life begins determine the very words we use when discussing abortion. We don’t even agree about how many people are involved in the matter of abortion. Two people—the mother and the baby? Or only one—the mother? And here, even the word “mother” is avoided by many, who prefer “woman.” Or, in some quarters, “pregnant person.” Is it a “baby” or a “fetus?” Has abortion always had the tacit approval of most Americans and only been criminalized by powerful societal forces (which can change sides dramatically over the decades, as is the case with much of the medical establishment)? Or is it something that has been regarded as abhorrent for centuries and only very recently been treated as not only necessary but a badge of pride for the modern woman? How was abortion portrayed in the pages of American publications c. 1830, 1870, 1920 or 1940 and in the media diet of our own day?

These are among the many issues discussed in the 2023 book, The Story of Abortion in America: A Street-Level History, 1652–2022 (Crossway, 2023) by Marvin Olasky and Leah Savas.

This book is riveting reading but is not for the fainthearted—much of the material is graphic. It will interest those in such fields as legal history, women’s history, the history of journalism, the history of medicine, political history and history in general and readers with an interest in biography and true crime.

The latter term is not inappropriate here given the book’s fascinating account of how many news stories in much of the 19th and early and mid-20th centuries reveled in lurid details of attractive young women murdered after botched abortions or accidentally killed during one and then dismembered and discovered later due to the ineptitude of the abortionist and the men who had impregnated the women and who feared scandal or marriage to the women they had seduced.

The authors also provide detailed accounts of the enormous amounts of money that some female abortionists (such as the notorious Madame Restell 1812 –1878) made and the flashy lifestyles and prison sentences that punctuated their lives. The authors show that male jurors were often reluctant to convict abortionists given many a juror’s own complicity in such events and the immense political power that the abortion trade wielded via graft.

The book tells heartrending stories of women who underwent abortions and traces how the popular press moved over the decades from referring to two victims in such cases to only the woman to eventually hardly covering at all cases when abortions created female and infant victims (as in the infamous case of the physician Kermit Gosnell), many reporters and editors preferring to stick to the narrative of female empowerment via abortion.

No matter where one stands on the issue of abortion, it cannot be denied that this book movingly, authoritatively tells the story of the women whose lives were shaped by it, as the title says, at “the street level.” It is model social history and engrossing reading for the general reader and scholar alike.

Let’s hear from one of the two authors of the book, Leah Savas.

Hope J. Leman is a grants researcher.

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Benjamin Hoy, "A Line of Blood and Dirt: Creating the Canada-United States Border Across Indigenous Lands" (Oxford UP, 2021)

Sat, 11 Feb 2023 09:00:00 -0000

A Line of Blood and Dirt: Creating the Canada–United States Border across Indigenous Lands (Oxford UP, 2021), is the recipient of the AHA’s Albert Corey Prize in the history of Canadian–American relations. In A Line of Blood and Dirt, Benjamin Hoy shows how the US-Canadian border was built across Indigenous lands. He explores the experiences of various indigenous groups, European settlers, African Americans, and Chinese immigrants.

Benjamin Hoy is an assistant professor of history at the University of Saskatchewan, where he directs the Historical GIS Lab.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Max Bazerman, "Complicit: How We Enable the Unethical and How to Stop" (Princeton UP, 2022)

Thu, 09 Feb 2023 09:00:00 -0000

Today I talked to Max Bazerman about his book Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022).

Remember Saturday Night Live’s satirical TV spot for Ivanka Trump’s perfume, Complicit? Talk about a timely topic. In what is Bazerman’s third book on ethics, the focus is on the people who surround an “evil” doer and enable or allow harmful behavior to occur. From the implosion of FTX under the funky leadership of Sam Bankman-Fried, to Elizabeth Holes at Theranos or Purdue Pharma and the Sacklers, there is always a large supporting cast of those who trade on privilege, defer to authority, or have their trust exploited. Indeed, in this interview Bazerman touches on seven different profiles in complicity that serve as a counterpoint to JFK’s book, Profiles in Courage. What solutions does Bazerman offer? Besides changing the culture of an institution or company, one particular way forward is to amass co-whistleblowers by creating “informal escrows” so that the victims of perpetrators like Harvey Weinstein don’t have to go it alone in raising what might politely be called “legitimate concerns.”

Max Bazerman is the Jesse Isidor Straus Professor of Business Administration at Harvard Business School. Besides being the author of books like Blind Spots and Decision Leadership and an expert on the art of negotiations, he describes himself as a “gritty city kid from Pittsburgh.”

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.

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We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States

Thu, 09 Feb 2023 09:00:00 -0000

Today’s book is: We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States. The “Dreamer narrative” celebrates the educational and economic achievements of undocumented youth to justify a path to citizenship, and has promoted the idea that access to citizenship and rights should be granted only to a select group of “deserving” immigrants. The contributors to We Are Not Dreamers—themselves currently or formerly undocumented—counter the Dreamer narrative by grappling with the nuances of undocumented life in this country. Theorizing those excluded from the Dreamer category—academically struggling students, transgender activists, and queer undocumented parents—the contributors call for an expansive articulation of immigrant rights and justice that recognizes the full humanity of undocumented immigrants while granting full and unconditional rights.

Our guest is: Dr. Genevieve Negrón-Gonzales, an Associate Professor of Leadership Studies at University of San Francisco, who is an interdisciplinary scholar of immigration and education. Her academic, activist and community work focuses on the ways undocumented young people are changing the political and legislative terrain around “illegality” and belonging in this country. Her work lies at the intersection of education, immigration, and social movements. She is the co-author of Encountering Poverty: Thinking and Acting in an Unequal World (2016, University of California Press) and co-editor of We Are Not DREAMers: Undocumented Scholars Theorize Undocumented Life in the United States (2020, Duke University Press).

Our co-guest is: Dr. Leisy J. Abrego, who is Professor in Chicana/o and Central American Studies at the UCLA. She studies the intimate consequences of U.S. foreign and immigration policies for Central American migrants and Latinx families in the United States. She is the author Sacrificing Families: Navigating Laws, Labor, and Love Across Borders (Stanford University Press, 2014), and co-editor of We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States. Her scholarship analyzing legal consciousness, illegality, and legal violence has garnered numerous awards from the Latin American Studies Association and the American Sociological Association. She dedicates much of her time to supporting and advocating for refugees and immigrants by writing editorials and pro-bono expert declarations in asylum cases.

Our host is: Dr. Christina Gessler, a historian of women and gender.

Listeners to this episode may also be interested in:

Negrón-Gonzales, G. (2017). Political possibilities: Lessons from the undocumented youth Movement for resistance to the Trump Administration. Anthropology and Education Quarterly. In press.
Negrón-Gonzales, G. (2017). Constrained inclusion: Access and persistence among undocumented community college students in California’s Central Valley. Journal of Hispanic Higher Education, 16(2), 105-122.
Negrón-Gonzales, G., Abrego, L., & Coll, K. (2016). Immigrant Latina/o youth and illegality: Challenging the politics of deservingness. Association of Mexican American Educators Journal, 9(3). 7-10.
Gonzales, R. G., Heredia, L. L. & Negrón-Gonzales, G. (2015). Untangling Plyler's legacy: Undocumented students, schools, and citizenship. Harvard Educational Review, 85(3), 318-341.
This podcast on structural inequality in higher education

Welcome to The Academic Life! Join us here each week, where we learn directly from experts. We embrace the broad definition of what it means to lead an academic life, and are informed and inspired by today’s knowledge-producers working inside and outside the academy.

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Erin in the Morning: A Interview with Erin Reed, LGBTQ+ Activist and Substacker

Mon, 06 Feb 2023 10:00:00 -0000

Today I interview Erin Reed. Reed is an activist, public speaker, and writer across multiple platforms, including a Substack newsletter, all of which she gathers under the title “Erin in the Morning.” Reed’s work centers on advocacy for the transgender community and the greater queer community. At the moment, she’s undertaken the momentous task of tracking the anti-trans legislation that’s being forwarded in state houses across the country and exposing its troubling, deceitful, and vicious nature. Through her newsletter, social media posts, and in-person appearances, Reed supports not only trans and queer rights, but also a vision for our communities and our country in which mutual care and kindness are our abiding values. To say it another way, Erin supports the fight against cruel ant-trans legislation currently underway and she also connects her readers with trans girl scouts so she can help these kids with their annual cookie sale.

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H. Jefferson Powell, "The Practice of American Constitutional Law" (Cambridge UP, 2022)

Fri, 03 Feb 2023 09:00:00 -0000

What areas of our lives are governed by constitutional law? When asked about what constitutional law is, Americans tend to think of notable Supreme Court cases such as the abortion law case Roe v. Wade or the Civil Rights landmark of Brown v. Board of Education. But vast swaths of our lives are governed by, of all things, the Commerce Clause of the US Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

This is just one of the fascinating facts that we learn from H. Jefferson Powell's book The Practice of American Constitutional Law (Cambridge UP, 2022).

Powell robustly, movingly argues that those Americans who feel that the Supreme Court and constitutional law itself have become so politicized that justice is now unattainable and that raw power has replaced dispassionate legal analysis in our polity are mistaken. He contends that those who dwell in the world of the actual practice of constitutional law are people operating in good faith with identifiable “tool kits,” as he puts it. Powell shows how everyone involved has to determine if a legal case is even a matter of constitutional law specifically and if so, what part or parts of the Constitution are concerned and possibly being violated.

One of the great strengths of the book is the delineation of who some of these actors are—from congresspeople to Department of Justice lawyers to legal advisors to presidents to judges at all levels to lawyers in the nonprofit advocacy sector. Powell shows how those engaged in the practice of constitutional law go about their work, be they giants of American jurisprudence such as John Marshall to unnamed state legislators of our own day. Powell makes the case that in spite of the normal human tendency to be influenced by our backgrounds and attitudes when thrashing out contentious matters, the practice of American constitutional law operates within clear parameters and procedures that to a large extent result in justice or at least a plausible attempt to achieve it.

Powell’s plea for a more sympathetic attitude towards judges, legislators and legal advocates is helped by the fact that his book is filled with vivid word-portraits of figures such as the Supreme Court justices Robert H. Jackson, William Rehnquist, David Souter (who comes across better in Powell’s book than he does in many other accounts) and, of course, John Marshall.

Powell’s book is ideal for the non-lawyer who wants a better understanding of the nuts and bolts of constitutional law, who the players are and what aspects of constitutional law affect us in our daily lives. Powell fascinatingly shows that those include everything from guns in school zones to violence against women to the regulation of the length of trucks on state highways.

Powell persuasively and engagingly makes his case that those who make cases are not malign influences twisting the law for partisan purposes but, by and large, honorable people doing their best to apply the text and thrust of the Constitution in defensible, sensible and yes, just, fashions.

Let’s hear from Professor Powell himself.

Hope J. Leman is a grants researcher.

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Border Lines: Refugees and the International Order

Thu, 02 Feb 2023 09:00:00 -0000

Climate change and war have flung millions of people on the move, who often seek safe harbor in the very countries responsible for their displacement. But despite the lofty ideals and supposed simplicity of international refugee law, it turns out borders are not really the fixed lines on a map we imagine them to be.

Guests:

Deborah Anker is Clinical Professor of Law and Founder of the Harvard Law School Immigration and Refugee Clinical Program (HIRC).
Celeste Cantor-Stephens is a musician, interdisciplinary artist, writer, teacher and activist.
Chowra Makaremi is an anthropologist and tenured research scholar at the French National Center for Scientific Research (CNRS) in Paris.
Adrian Rennix is a writer and an immigration attorney practicing near the southern border.

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Robert O'Mochain and Yuki Ueno, "Sexual Abuse and Education in Japan: In the (Inter)National Shadows" (Routledge, 2022)

Wed, 01 Feb 2023 09:00:00 -0000

Bringing together two voices, practice and theory, in a collaboration that emerges from lived experience and structured reflection upon that experience, O'Mochain and Ueno show how entrenched discursive forces exert immense influence in Japanese society and how they might be most effectively challenged. With a psychosocial framework that draws insights from feminism, sociology, international studies, and political psychology, the authors pinpoint the motivations of the nativist right and reflect on the change of conditions that is necessary to end cultures of impunity for perpetrators of sexual abuse in Japan.

Evaluating the value of the #MeToo model of activism, the authors offer insights that will encourage victims to come out of the shadows, pursue justice, and help transform Japan's sense of identity both at home and abroad. Ueno, a female Japanese educator and O'Mochain, a non-Japanese male academic, examine the nature of sexual abuse problems both in educational contexts and in society at large through the use of surveys, interviews, and engagement with an eclectic range of academic literature. They identify the groups within society who offer the least support for women who pursue justice against perpetrators of sexual abuse. They also ask if far-right ideological extremists are fixated with proving that so-called "comfort women" are higaisha-buru or "fake victims." Japan would have much to gain on the international stage were it to fully acknowledge historical crimes of sexual violence, yet it continues to refuse to do so.

In Sexual Abuse and Education in Japan: In the (Inter)National Shadows (Routledge, 2022), O'Mochain and Ueno shed light on this puzzling refusal through recourse to the concepts of 'international status anxiety' and 'male hysteria.' An insightful read for scholars of Japanese society, especially those concerned about its treatment of women.

Resources for seeking help in Japan:

AWARE(アウェア) [Jpn&Eng]

Ministry of Health, Labour, and Welfare No Harassment website [multiple languages]
Tokyo Women's Help Center [Jpn]
Links for regional help centers [Jpn]
Ministry of Justice Human Rights Counseling [multiple languages]

Jingyi Li is a PhD Candidate in Japanese History at the University of Arizona. She researches about early modern Japan, literati, and commercial publishing.

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Derrick Darby, "A Realistic Blacktopia: Why We Must Unite to Fight" (Oxford UP, 2022)

Wed, 01 Feb 2023 09:00:00 -0000

In the United States, unjust disparities in things like income, opportunity, health, safety, and education tightly track racial categorizations of the US population. An intuitive approach to social justice calls us to look to the sites of the greatest disadvantage, and take measures aimed at relieving them. This approach favors “race specific” policies for pursuing justice. However, that kind of rationale is increasingly vulnerable in a country that’s largely convinced that it has achieved a “post-racial” condition. Hence the remaining disparities remain, but are explained away by appeals to alleged faults of those who suffer under them.

In A Realistic Blacktopia: Why We Must Unite to Fight (Oxford UP, 2023), Derrick Darby defends a different approach. According to Darby, the psychological and social realities of the United States suggest that we must adopt a non-race-specific social justice agenda, explicitly tying our efforts to mitigate unjust inequalities that track racial categorization to “big tent” initiatives to broaden and deepen democratic inclusion for citizens as such.

Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University.

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Benedict Rogers, "The China Nexus: Thirty Years in and Around the Chinese Communist Party's Tyranny" (Optimum Publishing, 2022)

Sat, 28 Jan 2023 09:00:00 -0000

The China Nexus: Thirty Years In and Around the Chinese Communist Party's Tyranny (Optimum Publishing, 2022) brings together Benedict Rogers' 30 years of advocacy, research and work in and around China. Opening with his rollicking adventures as an 18 year old teaching English in Qingdao in 1992, the human element of this monograph, the real people and their lives are foregrounded. Rogers takes the reader through a nexus of the CCP's tyranny; from China's crackdown on its own citizens; through the repression and violence perpetuated in Tibet, Xinjiang and Hong Kong, to the way that the CCP props up and is complicit in crimes against humanity in Myanmar and North Korea. This book is essential to understanding both the domestic and global ramifications of the threat that the CCP poses to the free world. Rogers has been at the heart of advocacy for human rights in and around China during this period. His on-ground insights, countless meetings, interviews and direct encounters with those who live through the harrowing realities manifested by current CCP ideology, should operate as a wake-up to those who value democracy everywhere.

Benedict Rogers is a human rights activist and writer specialising in Asia. He is the co-founder and Chief Executive Officer of Hong Kong Watch, Senior Analyst for East Asia at CSW, an advisor to the Inter-Parliamentary Alliance on China, the Stop Uyghur Genocide Campaign and several other charities, and Deputy Chair of the UK Conservative Party Human Rights Commission.

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Michael Fleming, "In the Shadow of the Holocaust: Poland, the United Nations War Crimes Commission, and the Search for Justice" (Cambridge UP, 2022)

Wed, 25 Jan 2023 09:00:00 -0000

In the midst of the Second World War, Central and East European governments-in-exile struggled to make their voices heard as they reported back to the Allies and sought to reach mass Allied publics with eyewitness testimony of German atrocities committed in their respective homelands. The most striking case is that of Poland, whose wartime exile government served as the principal conduit for first-hand testimony (much of which was initially ignored, questioned, or suppressed by the major Allies) of both the Holocaust and the German occupiers’ mass repression and killing of non-Jewish Poles. Historian Michael Fleming offers a rich and unprecedented take on the story of Poles’ contributions to the emergence of a global legal regime for prosecuting war crimes, by reconstructing the central contribution of the Polish War Crimes Office in London to the emergence, successful work, and postwar legacy of the UN War Crimes Commission.

In the Shadow of the Holocaust: Poland, the United Nations War Crimes Commission, and the Search for Justice (Cambridge University Press, 2022) is a ground-breaking intervention in global legal history, in Polish history, and in the history of the transition from World War II to the Cold War.

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).

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Sheri Brenden, "Break Point: Two Minnesota Athletes and the Road to Title IX" (U Minnesota Press, 2022)

Wed, 25 Jan 2023 09:00:00 -0000

In Break Point: Two Minnesota Athletes and the Road to Title IX (University of Minnesota Press, 2022), Sheri Brenden examines how two teenage girls in Minnesota jump-started a revolution in high school athletics Peggy Brenden, a senior, played tennis. Toni St. Pierre, a junior, was a cross country runner and skier. All these two talented teenagers wanted was a chance to compete on their high school sports teams. But in Minnesota in 1972 the only way on the field with the boys ran through a federal court--so that was where the girls went. Break Point tells the story, for the first time, of how two teenagers took on the unequal system of high school athletics, setting a legal precedent for schools nationwide before the passage of Title IX.

As Peggy's younger sister, author Sheri Brenden is uniquely positioned to convey the human drama of the case, the stakes, and the consequences for two young women facing the legal machinery of the state, in court and in school. In an account that begins with Peggy painstakingly typing her appeal to the Minnesota Civil Liberties Union and concludes with a long view of what Brenden v. Independent School District 742 set in motion, Sheri Brenden summons the salient details of this landmark case as it makes its way through the courts. Peggy and Toni, coaches, administrators, and experts testify before Judge Miles Lord, whose decision, upheld in a precedent-setting appeal, would change these girls' lives and open up athletic opportunities for innumerable others. Grounded in newspaper coverage, court records, and interviews, Brenden's deeply researched, scrupulously reported book is at heart the story of two talented teenage girls whose pluck and determination--and, often, heartache--led to a victory much greater than any high school championship.

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Elizabeth Farfán-Santos, "Undocumented Motherhood: Conversations on Love, Trauma, and Border Crossing" (U Texas Press, 2022)

Tue, 24 Jan 2023 09:00:00 -0000

Claudia Garcia crossed the border because her toddler, Natalia, could not hear. Leaving behind everything she knew in Mexico, Claudia recounts the terror of migrating alone with her toddler and the incredible challenges she faced advocating for her daughter's health in the United States. When she arrived in Texas, Claudia discovered that being undocumented would mean more than just an immigration status—it would be a way of living, of mothering, and of being discarded by even those institutions we count on to care.

Elizabeth Farfán-Santos spent five years with Claudia. As she listened to Claudia's experiences, she recalled her own mother's story, another life molded by migration, the US-Mexico border, and the quest for a healthy future on either side. Witnessing Claudia's struggles with doctors and teachers, we see how the education and medical systems enforce undocumented status and perpetuate disability. At one point, in the midst of advocating for her daughter, Claudia suddenly finds herself struck by debilitating pain. Claudia is lifted up by her comadres, sent to the doctor, and reminded why she must care for herself.

A braided narrative that speaks to the power of stories for creating connection, Undocumented Motherhood: Conversations on Love, Trauma, and Border Crossing (University of Texas Press, 2022) reveals what remains undocumented in the motherhood of Mexican women who find themselves making impossible decisions and multiple sacrifices as they build a future for their families.

Elizabeth Farfán-Santos is a medical anthropologist and the author of Black Bodies, Black Rights: The Politics of Quilombolismo in Contemporary Brazil.

Reighan Gillam is Associate Professor in the Department of Anthropology at the University of Southern California. She is the author of Visualizing Black Lives: Ownership and Control in Afro-Brazilian Media (University of Illinois Press).

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The History of Temp Work

Tue, 24 Jan 2023 09:00:00 -0000

Historian Louis Hyman, professor and director of the Institute of Workplace Studies at Cornell University’s School of Industrial and Labor Relations, talks about his book, Temp: How American Work, American Business, and American Dream Became Temporary, with Peoples & Things host Lee Vinsel. In this conversation, Hyman and Vinsel chat about how most mid-20th century secure jobs were possessed by white men, how temporary work began to rise after World War Two, and how all this led to the gig-based world we inhabit.

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James Morton, "Byzantine Religious Law in Medieval Italy" (Oxford UP, 2021)

Sun, 22 Jan 2023 04:00:00 -0000

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest.

James Morton's Byzantine Religious Law in Medieval Italy (Oxford UP, 2021) is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of Italo-Greek canon law manuscripts from the last century of Byzantine rule to the late twelfth century, arguing that the Normans' opposition to papal authority created a laissez faire atmosphere in which Greek Christians could continue to follow Byzantine religious law unchallenged. Finally, the third part analyses the papacy's successful efforts to assert its jurisdiction over southern Italy in the later Middle Ages. While this brought about the end of Byzantine canon law as an effective legal system in the region, the Italo-Greeks still drew on their legal heritage to explain and justify their distinctive religious rites to their Latin neighbors.

Diki Sherpa is a PhD candidate at the Chinese university of Hong Kong, Hong Kong.

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Wolfgang P. Müller, "Marriage Litigation in the Western Church, 1215-1517" (Cambridge UP, 2021)

Sat, 21 Jan 2023 09:00:00 -0000

Wolfgang Muller, Marriage Litigation in the Western Church, 1215- 1517 (Cambridge University Press, 2021). From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both institutions.

Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender.

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Adam Lajeunesse, "Lock, Stock, and Icebergs: A History of Canada's Arctic Maritime Sovereignty" (UBC Press, 2016)

Sat, 21 Jan 2023 09:00:00 -0000

In April 1988, after years of failed negotiations over the status of the Northwest Passage, Brian Mulroney gave Ronald Reagan a globe, pointed to the Arctic, and said "Ron that's ours. We own it lock, stock, and icebergs." A simple statement, it summed up Ottawa's official policy: Canada owns the icy waters that wind their way through the Arctic Archipelago. Behind the scenes, however, successive governments have spent over a century trying to figure out how to enforce this claim and on which legal basis to assert Canadian sovereignty over Arctic waters.

In Lock, Stock, and Icebergs: A History of Canada's Arctic Maritime Sovereignty (UBC Press, 2016), Adam Lajeunesse, a Professor of Public Policy and Fellow of the Brian Mulroney Institute of Government at St. Francis Xavier University, guides readers through the evolution of Canada's Arctic sovereignty, showing how the Northwest Passage and the surrounding waters became Canadian. Listen to this engaging podcast to understand what inspired Lajeunesse to write the book, what are the main points of his argument, and how its insights are still relevant today.

Lavinia Stan is a professor of political science at St. Francis Xavier University in Canada.

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Viola Franziska Müller, "Escape to the City: Fugitive Slaves in the Antebellum Urban South" (UNC Press, 2022)

Fri, 20 Jan 2023 09:00:00 -0000

In Escape to the City: Fugitive Slaves in the Antebellum Urban South (UNC Press, 2022), Viola Franziska Müller examines runaways who camouflaged themselves among the free Black populations in Baltimore, Charleston, New Orleans, and Richmond. In the urban South, they found shelter, work, and other survival networks that enabled them to live in slaveholding territory, shielded and supported by their host communities in an act of collective resistance to slavery. While all fugitives risked their lives to escape slavery, those who fled to southern cities were perhaps the most vulnerable of all. Not dissimilar to modern-day refugees and illegal migrants, runaway slaves that sought refuge in the urban South were antebellum America's undocumented people, forging lives free from bondage but without the legal status of freedpeople. Spanning from the 1810s to the start of the Civil War, Müller reveals how urbanization, work opportunities, and the interconnectedness of free and enslaved Black people in each city determined how successfully runaways could remain invisible to authorities.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Emily A. Owens, "Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans" (UNC Press, 2023)

Thu, 19 Jan 2023 09:00:00 -0000

In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans (UNC Press, 2023), Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access.

Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was in fact a key legal fixture that packaged predation as pleasure and produced, rather than prevented, violence against Black women. Owens dramatically reorients our understanding of enslaved women's lives as well as of the nature of violence in the entire venture of racial slavery in the U.S. South. Unsettling the idea that consent is necessarily incompatible with structural and interpersonal violence, this history shows that when sex is understood as a transaction, women are imagined as responsible for their own violation.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Patrick Bixby, "License to Travel: A Cultural History of the Passport" (U California Press, 2022)

Thu, 19 Jan 2023 09:00:00 -0000

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world.

In License to Travel: A Cultural History of the Passport (U California Press, 2022), Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refugee camps of today. Along the way, you will:

Peruse the passports of artists and intellectuals, writers and musicians, ancient messengers and modern migrants.
See how these seemingly humble documents implicate us in larger narratives about identity, mobility, citizenship, and state authority.
Encounter intimate stories of vulnerability and desire along with vivid examples drawn from world cinema, literature, art, philosophy, and politics.
Witness the authority that travel documents exercise over our movements and our emotions as we circulate around the globe.

With unexpected discoveries at every turn, License to Travel exposes the passport as both an instrument of personal freedom and a tool of government surveillance powerful enough to define our very humanity.

Marci Mazzarotto is an Assistant Professor and Program Coordinator 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 mass media, popular culture and avant-garde art.

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Steffen Mau, "Sorting Machines: The Reinvention of the Border in the 21st Century" (Polity Press, 2022)

Wed, 18 Jan 2023 09:00:00 -0000

It is commonly thought that, thanks to globalization, nation-state borders are becoming increasingly porous. In Sorting Machines: The Reinvention of the Border in the 21st Century (Polity, 2022) Steffen Mau shows that this view is misleading: borders are not getting more permeable in the era of globalization, but rather are being turned into powerful sorting machines. Today they fulfill their separation function better and more effectively than ever. While the cross-border movement of people has steadily increased in recent decades, a counter-development has taken place at the same time: in many places, new deterrent walls and militarized border crossings are being created. Borders have also become increasingly selective. Supported by digitalization, they have been upgraded to smart borders, and border control has expanded spatially on a massive scale, even becoming a global enterprise that is detached from territory.

Steffen Mau shows how the new sorting machines create mobility and immobility at the same time: for some travellers, borders open like department-store doors, but for others they remain closed more firmly than ever. While a small circle of privileged people are allowed to travel almost everywhere today, the vast majority of the world’s population continues to be systematically excluded. Nowhere is the Janus face of globalization more evident than at the borders of the 21st century.

Originally published in German in 2021, this new English edition was translated by Nicola Barfoot.

Steffen Mau is Professor of Macrosociology at the Humboldt University of Berlin. His recent works include The Metric Society: On the Quantification of the Social (2019) and Inequality, Marketization and the Majority Class: Why Did the European Middle Classes Accept Neo-Liberalism? (2015).

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, Mastodon or Twitter.

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Shifting Blame: What Should You "Own" and What Shouldn't You?

Wed, 18 Jan 2023 09:00:00 -0000

We claim to judge people for what they intentionally do, but accidents often influence our judgments. In our justice systems, people can be harshly and unfairly blamed for bad luck—but in our personal lives, taking on blame isn’t always a bad thing.

Guests

Fiery Cushman, Professor of Psychology at Harvard University
Daniel Statman, Professor of Philosophy at the University of Haifa

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Robert Ovetz, "We the Elites: Why the US Constitution Serves the Few" (Pluto Press, 2022)

Wed, 18 Jan 2023 09:00:00 -0000

We have been ruled long enough. It is time to govern ourselves. If we are to get past the Constitution and all systems based on constitutions, we need to move past the nation state as the means by which we are governed from above.

– Robert Ovetz, We the Elites (2022, p. 167)

Written by 55 of the richest white men of early America, and signed by only 39 of them, the constitution is the sacred text of American nationalism. Popular perceptions of it are mired in idolatry, myth, and misinformation - many Americans have opinions on the constitution but have no idea what’s in it.

The misplaced faith of social movements in the constitution as a framework for achieving justice actually obstructs social change - incessant lengthy election cycles, staggered terms, and legislative sessions have kept social movements trapped in a redundant loop. This stymies progress on issues like labor rights, public health, and climate change, projecting the American people and the rest of the world towards destruction.

Robert Ovetz’s reading of the constitution shows that the system isn’t broken. Far from it. It works as it was designed.

From the introduction:

‘The Framers genius was in designing a virtually unchangeable system that provides the people with a semblance of participation and allows a few to select some representatives while the rest of us relinquish the power to self-govern. How and why they did that, why it still functions in that same way, and why we need to move past it is the focus of this book.’

Professor Ovetz is a senior lecturer in political science and public administration at San Jose State University and a lecturer in sociology at the University of California, Berkeley. His first book, When Workers Shot Back: Class Conflict from 1877 to 1924, was published in 2018 by Brill/Haymarket Books. His second book was an edited volume in 2020 entitled, Workers’ Inquiry and Global Class Struggle: Strategies, Tactics, Objectives also published by Pluto Press.

Sydney Business School at Shanghai University - can be reached at keith.krueger1@uts.edu.au or keithNBn@gmail.com

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Randle C. DeFalco, "Invisible Atrocities: The Aesthetic Biases of International Criminal Justice" (Cambridge UP, 2022)

Mon, 16 Jan 2023 09:00:00 -0000

International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. Randle C. DeFalco's book Invisible Atrocities: The Aesthetic Biases of International Criminal Justice (Cambridge UP, 2022) examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated.

DeFalco suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimacy of international criminal law itself.

Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC.

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Vincent Phillip Muñoz, "Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses" (U Chicago Press, 2022)

Wed, 11 Jan 2023 09:00:00 -0000

What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses?

These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz.

The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders’ common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state.

Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He argues that we have to go beyond the First Amendment’s text to elaborate its meanings. We must, he contends, understand the intellectual and theological milieu of the time.

Muñoz provides the historical context of the creation of the Establishment and Free Exercise Clauses of the First Amendment and the intellectual underpinnings of their original meanings. He explicates in a thorough but reader-friendly manner what we can and cannot determine about the original meaning of the First Amendment’s Religion Clauses.

The book is a mixture of legal, intellectual, and political history in which we learn that the Bill of Rights was in many ways an afterthought, designed by the Federalists to counter opposition to the Constitution by Anti-Federalists. Indeed, Muñoz shows that many, if not most, of the individuals who drafted the First Amendment did not even think it was necessary. His detailed examination of the drafting records illuminates the Federalists’ lack of enthusiasm for amendments and says, “the aim of many in the First Congress was to get amendments drafted, not to draft precise amendments.”

He concludes the book with a discussion of the impact of natural rights constructions of those clauses. Muñoz contrasts fascinatingly, for example, his approach with those taken by recent Supreme Court justices (notably Samuel Alito) and argues that his novel church-state jurisprudence offers a way forward that could adjudicate First Amendment church-state issues in a legal, fair, coherent and, importantly, more democratic fashion.

This book is an outstanding guide to the many schools of thought on religious liberty in the United States and in his argument for an inalienable natural rights understanding as the Founders’ most authoritative view, Muñoz convincingly shows that competing accounts—(e.g., “neutrality,” “accommodation,” “separation,” “non-endorsement,” “minimizing political division,” and “tradition”) do not capture the deepest understanding of the Founders’ thought.

Muñoz notes that his constructions correspond to no existing approach. They do not fall into what are usually considered either the “conservative” or “liberal” positions on church-state matters. The aim of the book is to spur more robust conversations about whether we are interpreting the Founders correctly and what evidence is most relevant to develop the First Amendment Religion Clauses consistently with their original design.

Let’s hear from Professor Muñoz himself.

Hope J. Leman is a grants researcher.

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Ciara Breathnach, "Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902" (Oxford UP, 2022)

Tue, 10 Jan 2023 09:00:00 -0000

Ciara Breathnach's book Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902 (Oxford UP, 2022) focuses on the evolution of the Dublin City Coroner's Court and on Dr Louis A. Bryne's first two years in office. Wrapping itself around the 1901 census, the study uses gender, power, and blame as analytical frameworks to examine what inquests can tell us about the impact of urban living from lifecycle and class perspectives. Coroners' inquests are a combination of eyewitness testimony, expert medico-legal language, detailed minutiae of people, places, and occupational identities pinned to a moment in time. Thus they have a simultaneous capacity to reveal histories from both above and below. Rich in geographical, socio-economic, cultural, class, and medical detail, these records collated in a liminal setting about the hour of death bear incredible witness to what has often been termed 'ordinary lives'. The subjects of Dr Byrne's court were among the poorest in Ireland and, apart from common medical causes problems linked to lower socio-economic groups, this volume covers preventable cases of workplace accidents, neglect, domestic abuse, and homicide.

Roberto Mazza is currently a Visiting Lecturer at Northwestern University. He is the host of the Jerusalem Unplugged Podcast and to discuss and propose a book for interview can be reached at robbymazza@gmail.com. Twitter and IG: @robbyref

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21st Century Citizenship: What Does It Mean to be a Citizen in America?

Sun, 08 Jan 2023 09:00:00 -0000

What does it mean to be a citizen in America in 2017?

Guests

Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University
Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media
Shanelle Matthews, Director of Communications for the Black Lives Matter global network

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Jason Isralowitz, "Nothing to Fear: Alfred Hitchcock and the Wrong Men" (Fayetteville Mafia Press, 2023)

Sat, 07 Jan 2023 09:00:00 -0000

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John P. Gluck, "Voracious Science and Vulnerable Animals: A Primate Scientist's Ethical Journey" (U Chicago Press, 2016)

Tue, 03 Jan 2023 09:00:00 -0000

The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh the costs of the traumatic effects on the animals; but today, even the researchers themselves have come to question the practice. John P. Gluck has been one of the scientists at the forefront of the movement to end research on primates, and in Voracious Science and Vulnerable Animals: A Primate Scientist's Ethical Journey (U Chicago Press, 2016) he tells a vivid, heart-rending, personal story of how he became a vocal activist for animal protection.

Gluck begins by taking us inside the laboratory of Harry F. Harlow at the University of Wisconsin, where Gluck worked as a graduate student in the 1960s. Harlow’s primate lab became famous for his behavioral experiments in maternal deprivation and social isolation of rhesus macaques. Though trained as a behavioral scientist, Gluck finds himself unable to overlook the intense psychological and physical damage these experiments wrought on the macaques. Gluck’s sobering and moving account reveals how in this and other labs, including his own, he came to grapple with the uncomfortable justifications that many researchers were offering for their work. As his sense of conflict grows, we’re right alongside him, developing a deep empathy for the often smart and always vulnerable animals used for these experiments.

At a time of unprecedented recognition of the intellectual cognition and emotional intelligence of animals, Voracious Science and Vulnerable Animals is a powerful appeal for our respect and compassion for those creatures who have unwillingly dedicated their lives to science. Through the words of someone who has inflicted pain in the name of science and come to abhor it, it’s important to know what has led this far to progress and where further inroads in animal research ethics are needed.

John P. Gluck is professor emeritus of psychology and a senior advisor to the president on animal research ethics and welfare at the University of New Mexico. He is also research professor of the Kennedy Institute of Ethics at Georgetown University and coauthor of The Human Use of Animals.

Callie Smith is a poet and doctoral candidate in English at the University of Louisiana at Lafayette.

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Comedies of 'Fair Use': Lewis Hyde on Owning Art and Ideas

Sun, 01 Jan 2023 09:00:00 -0000

In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas.

Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property, and Trickster Makes This World: Mischief, Myth and Art.

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Felicity M. Turner, "Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America" (UNC Press, 2022)

Sun, 01 Jan 2023 09:00:00 -0000

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide: midwives, neighbors, healers, and relatives were better acquainted with an accused woman's intimate life, the circumstances of her pregnancy, and possible motives for infanticide than any man. As the century progressed, women accused of the crime were increasingly subject to the scrutiny of white male legal and medical experts educated in institutions that reinforced prevailing ideas about the inferior mental and physical capacities of women and Black people. As Reconstruction ended, the reach of the carceral state expanded, while law and medicine simultaneously privileged federal and state regulatory power over that of local institutions. These transformations placed all women's bodies at the mercy of male doctors, judges, and juries in ways they had not been before.

Reframing knowledge of the body as property, Felicity M. Turner shows how, at the very moment when the federal government expanded formal civil and political rights to formerly enslaved people, the medical profession instituted new legal regulations across the nation that restricted access to knowledge of the female body to white men.

Katrina Anderson is a doctoral candidate at the University of Delaware.

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Ethical AI

Sat, 31 Dec 2022 09:00:00 -0000

In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologies to be ethical.

In the episode Alex references an article by Emily Tucker, called “Artifice and Intelligence,” (Tech Policy Press, 17 March 2022) which suggests we should stop using terms like “artificial intelligence” and an opinion piece in the Washington Post, on a similar theme, by Timnit Gebru and Margaret Mitchell, “We warned Google that people might believe AI was sentient. Now it’s happening” (17 June 2022). She also mentions a claim by Blake Lemoine that Google’s LaMDA (Language Model for Dialogue Applications) is sentient. We’ll leave that one to your googling, if not your judgment.

Dr. Alex Hanna is Director of Research at the Distributed AI Research Institute (DAIR). A sociologist by training, her work centers on the data used in new computational technologies, and the ways in which these data exacerbate racial, gender, and class inequality. You can read her recent article, “AI Ethics Are in Danger. Funding Independent Research Could Help,” co-authored with Dylan Baker in the Stanford Social Innovation Review, and learn more about her work on her website.

This week’s image was produced by DALL-E 2 responding to the prompt: "generate the image of an artificial intelligence entity, deciding to protect shareholder interests over public good, in the style of Van Gogh."

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Martha C. Nussbaum, "Justice for Animals: Our Collective Responsibility" (Simon & Schuster, 2022)

Sat, 31 Dec 2022 09:00:00 -0000

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.

Martha C. Nussbaum is currently the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Department of Philosophy and the Law School.

Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin).

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Tommie Shelby, "The Idea of Prison Abolition" (Princeton UP, 2022)

Fri, 30 Dec 2022 09:00:00 -0000

By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms?

In The Idea of Prison Abolition (Princeton UP, 2022), Tommie Shelby undertakes a systematic and critical examination of the arguments in favor of prison abolition. Although he ultimately rejects abolitionism as a philosophical position, he builds from the abolitionist program’s crucial insights a positive view of what it would take to create a prison and incarceration system that is consistent with justice.

Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University.

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Jefferson Cowie, "Freedom's Dominion: A Saga of White Resistance to Federal Power" (Basic Books, 2022)

Wed, 28 Dec 2022 09:00:00 -0000

"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-five times in his speech—more than Martin Luther King Jr. would use the term later that year in his “I Have a Dream” address at the March on Washington. “Let us rise to the call of freedom-loving blood that is in us,” Wallace told his audience, “and send our answer to the tyranny that clanks its chains upon the South.” Those rattling shackles of oppression were forged by the enemy of the people of his beloved Barbour County: the federal government."

– Jefferson Cowie, Freedom's Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022).

Professor Cowie titles his latest book’s introduction ‘George Wallace and American Freedom’, which frames part of the historical narrative within which he reexamines one of our most celebrated values within the purview of local history. But as The New York Times review of the book in December by author Jeff Shesol articulately summarized:

‘Freedom’s Dominion is local history, but in the way that Gettysburg was a local battle or the Montgomery bus boycott was a local protest. The book recounts four peak periods in the conflict between white Alabamians and the federal government: the wild rush, in the early 19th century, to seize and settle lands that belonged to the Creek Nation; Reconstruction; the reassertion of white supremacy under Jim Crow; and the attempts of Wallace and others to nullify the civil rights reforms of the 1950s and 1960s. Throughout, as Cowie reveals, white Southerners portrayed the oppression of Black people and Native Americans not as a repudiation of freedom, but its precondition, its very foundation.’

This book is an engrossing read and check this from Shesol’s review about Wallace and his attraction:

‘Racism was central to his appeal, yet its common note was grievance; the common enemies were elites, the press and the federal government. “Being a Southerner is no longer geographic,” he declared in 1964, during the first of his four runs for the White House. “It’s a philosophy and an attitude.” That attitude, we know, is pervasive now — a primal, animating principle of conservative politics. We hear it in conspiracy theories about the “deep state”; we see it in the actions of Republican officials like Gov. Ron DeSantis of Florida, who built a case for his re-election in 2022 by banning — in the name of “individual freedom” — classroom discussions of gender, sexuality and systemic racism.’

Some of Professor Cowie’s other books mentioned in this interview:

Capital Moves: RCA’s Seventy Year Quest for Cheap Labor (1999) received the 2000 Phillip Taft Prize for the Best Book in Labor History in 2000
Stayin’ Alive: The 1970s and the Last Days of the Working Class (2010) awarded the Francis Parkman Prize for the Best Book in American History in 2011
The Great Exception: The New Deal and the Limits of American Politics (2016)

Professor Cowie’s work in social and political history focuses on how class, inequality, and labor shape American politics and culture. Formerly at Cornell, he is currently the James G. Stahlman Professor of History at Vanderbilt University.

Sydney Business School at Shanghai University - can be reached at keith.krueger1@uts.edu.au or keithNBn@gmail.com

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"Medical Assistance in Dying" (MAID) in Canada

Mon, 26 Dec 2022 09:00:00 -0000

Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling health care system?

Gordon Katic debates this and more, with perspectives from either side. Professor Trudo Lemmens argues that MAID sends a disturbing message: disabled lives aren't worth living. Next, Dr. Derryk Smith (formerly of Dying with Dignity) says just the opposite: excluding certain people from this civil liberty is tantamount to stigmatization.

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Mariëlle Wijermars et al., "The Palgrave Handbook of Digital Russia Studies" (Palgrave MacMillan, 2020)

Sat, 24 Dec 2022 09:00:00 -0000

How has digitalisation changed Russian politics? How has Russia’s invasion of Ukraine changed Russia studies? What is special about Russia’s approach to algorithmic governance and internet control? Assistant Professor in Cyber-Security and Politics from Maastricht University, Mariëlle Wijermars, talks about her ongoing research on Russian politics, internet policy and platform governance.

In a conversation with Joanne Kuai, Mariëlle Wijermars also talks about The Palgrave Handbook of Digital Russia Studies. This open-access handbook was published by Palgrave Macmillan in 2020 and was edited by Mariëlle together with Daria Gritsenko and Mikhail Kopotev.

This handbook presents a multidisciplinary and multifaceted perspective on how the ‘digital’ is simultaneously changing Russia and the research methods scholars use to study Russia. It provides a critical update on how Russian society, politics, economy, and culture are reconfigured in the context of ubiquitous connectivity and accounts for the political and societal responses to digitalization.

Dr. Mariëlle Wijermars is an Assistant Professor in Cyber-Security and Politics at Maastricht University in the Netherlands. She is currently a CORE Fellow at the Helsinki Collegium for Advanced Studies, where she researches internet freedom and the human rights’ implications of internet policy and platform governance, in particular in authoritarian states.

You can connect with Mariëlle Wijermars on Twitter @Marielle_W_ and on Mastodon @Marielle_W@mastodon.social.

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Michael Ayers Trotti, "The End of Public Execution: Race, Religion, and Punishment in the American South" (UNC Press, 2022)

Fri, 23 Dec 2022 09:00:00 -0000

Michael Ayers Trotti's The End of Public Execution: Race, Religion and Punishment in the American South (The University of North Carolina Press, 2022) documents the complex religious and cultural textures of post-Civil War executions in the U.S. South. Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating that change within our understandings of lynching and competing visions of justice and religion. Intended to shame and intimidate, public executions after the Civil War had quite a different effect on southern Black communities. Crowds typically consisting of as many Black people as white behaved like congregations before a macabre pulpit, led in prayer and song by a Black minister on the scaffold. Black criminals often proclaimed their innocence and almost always their salvation. This turned the proceedings into public, mixed-race and mixed-gender celebrations of Black religious authority and devotion. In response, southern states rewrote their laws to eliminate these crowds and this Black authority, ultimately turning to electrocutions in the bowels of state penitentiaries. In just the same era when a wave of lynchings crested around the turn of the twentieth century, states transformed the ways that the South's white-dominated governments controlled legal capital punishment, making executions into private affairs witnessed only by white people.

Lane Davis is an Instructor of Religion at Huntingdon College. Find him on Twitter @TheeLaneDavis

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Sandra Frimmel, "Art Judgements: Art on Trial in Russia After Perestroika" (Vernon Press, 2021)

Wed, 21 Dec 2022 09:00:00 -0000

Since the turn of the millennium, there has been an unusually large number of court cases against artists and curators in Russia. Focusing on prominent cases against the organizers of the exhibitions Caution, Religion! (2003) and Forbidden Art 2006 (2007), Frimmel examines the ways in which the meaning of art and its socio-political effects are argued in court. By placing these cases in a historical context, and comparing them with a number of international case studies, Art Judgements: Art on Trial in Russia After Perestroika (Vernon Press, 2021) reveals how these proceedings have intensified juridical power over artistic freedom (of speech) in Russia over the past two decades.

Sandra Frimmel is Research Coordinator of the Centre of Arts and Cultural Theory (ZKK) and an affiliate of the Department for Slavic Studies at the University of Zürich. Her research interests include Russian art from 19th century through to today, as well as the concepts of art, law, justice, power, and society.

Iva Glisic is a historian and art historian specialising in modern Russia and the Balkans.

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Jane Freeland, "Feminist Transformations and Domestic Violence Activism in Divided Berlin, 1968-2002" (Oxford UP, 2022)

Tue, 20 Dec 2022 09:00:00 -0000

In Feminist Transformations and Domestic Violence Activism in Divided Berlin, 1968-2002 (Oxford University Press, 2022), Jane Freeland traces the development of the shelter movement in East and West Germany. In the 1970s, feminist activists exposed the harmful gender norms and lack of legal protections that left women vulnerable to abuse in the home. Their efforts led to the founding of the first women’s shelter in West Berlin in 1976 and a broadly successful campaign that changed legal and social attitudes toward domestic abuse. Situating domestic violence activism within a broader history of feminism in post-war Germany, the book traces the evolution of this movement both across political division and reunification and from grassroots campaign to established, professionalized social service. It links histories of feminism in East and West Germany and challenges historiographies of reunification that focus on feminist failures. Feminist Transformations reflects on the tensions between the activists who founded the shelter movement and the media and bureaucratic institutions that helped build popular and political support, with important consequences for the trajectory of German feminism up to today.

Rebecca Turkington is a PhD Candidate in History at Cambridge University studying transnational women’s networks.

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Hagai Boas, "The Political Economy of Organ Transplantation: Where Do Organs Come From?" (Routledge, 2022)

Tue, 20 Dec 2022 09:00:00 -0000

This is the story of organ transplantation, told from the organ’s point of view.

Organs for transplantations come from two sources: living or post-mortem organ donations. These sources set different routes of movement from one body to another.

Postmortem organ donations are mainly sourced and allocated by state agencies, while living organ donations are the result of informal relations between donor and recipient. Each route traverses different social institutions, determines discrete interaction between donor and recipient, and is charged with moral meanings that can be competing and contrasting.

The political economy of organs for transplants is the gamut of these routes and their interconnections, and this book explains what such a political economy looks like: its features and contours, its negotiation of the roles of the state, market and the family in procuring organs for transplantations, and its ultimate moral justifications.

Drawing on Boas’ personal experiences of waiting, searching and obtaining organs, each autobiographical section of the book sheds light on a different aspect of the political economy of organs – post-mortem donations, parental donation, and organ market – and illustrates the experience of living with the fear of rejection and the intimidation of chronic shortage.

Boas combines a rigorous academic analysis of the political economy of organ supply for transplantation with autobiographical narratives that illuminate the complex experience of being an organ recipient.

The author, Hagai Boas invites your comments and questions. Contact him at Hagaib@vanleer.org.il

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

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Danielle Keats Citron, "The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age" (Norton, 2022)

Sat, 17 Dec 2022 09:00:00 -0000

The boundary that once protected our intimate lives from outside interests is an artefact of the 20th century. In the 21st, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our privacy wash out with the technological tide. And the erosion of intimate privacy in particular, Citron argues, holds immense toxic power to transform our lives and our societies for the worse (and already has).

With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (Norton, 2022) reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. And, as a legal scholar and expert, Danielle Citron is the perfect person to show us the way to a happier, better protected future.

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. Previously, Jake has done some research in mixed reality, human-robot interaction, and AI ethics.

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Gregory Smithsimon, "Liberty Road: Black Middle-Class Suburbs and the Battle Between Civil Rights and Neoliberalism" (NYU Press, 2022)

Fri, 16 Dec 2022 09:00:00 -0000

Half of Black Americans who live in the one hundred largest metropolitan areas are now living in suburbs, not cities. In Liberty Road: Black Middle-Class Suburbs and the Battle Between Civil Rights and Neoliberalism (NYU Press, 2022), Gregory Smithsimon shows us how this happened, and why it matters, unearthing the hidden role that suburbs played in establishing the Black middle-class.

Focusing on Liberty Road, a Black middle-class suburb of Randallstown, Maryland, Smithsimon tells the remarkable story of how residents broke the color barrier, against all odds, in the face of racial discrimination, tensions with suburban Whites and urban Blacks, and economic crises like the mortgage meltdown of 2008. Drawing on interviews, census data, and archival research he shows us the unique strategies that suburban Black residents in Liberty Road employed, creating a blueprint for other Black middle-class suburbs.

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.

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Matthew Hall et al., "Digital Gender-Sexual Violations: Violence, Technologies, Motivations" (Routledge, 2022)

Fri, 16 Dec 2022 09:00:00 -0000

This groundbreaking book argues that the fundamental issues around how victim-survivors of digital gender-sexual violations (DGSVs) are abused can be understood in terms of gender and sexual dynamics, constructions, positioning and logics. Digital Gender-Sexual Violations: Violence, Technologies, Motivations (Routledge, 2022) builds upon Hall and Hearn's previous work, Revenge Pornography, but has been substantially reworked to examine other forms of DGSV such as upskirting and sexual deepfakes, as well as the latest research and debates in the field.

Facilitated by developments in internet and mobile technologies, the non-consensual posting of real or fake sexually explicit images of others for revenge, entertainment, homosocial status or political leverage has become a global phenomenon. Using discourse and thematic analytical approaches, this text examines digital, survey and interview data on gendered sexual violences, abuses, and violations. The words of both the perpetrators and victim-survivors are presented, showing the impact on victim-survivors and the complex ways in which phallocentric power relations and existing hegemonic masculinities are reinforced and invoked by perpetrators to position girls and women as gendered and sexualised commodities to be traded, admired, violated or abused for the needs of individual men or groups of men.

Hall, Hearn, and Lewis explore their research in a broader social and political context, evaluating and suggesting changes to existing legislative frameworks, education, victim support, and practical and policy interventions against DGSV, along with wider political considerations. This is a unique resource for students, academics and researchers as well as professionals dealing with issues around digital gender-sexual violations.

Iqra Shagufta Cheema writes and teaches in the areas of digital cultures, postcolonial literatures, transnational digital feminisms, gender and sexuality studies, and global south film studies. Check out their latest book: The Other #MeToos. Follow them on Twitter.

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Elaine Pearson, "Chasing Wrongs and Rights: My Experience Defending Human Rights Around the World" (Simon & Schuster, 2022)

Fri, 16 Dec 2022 09:00:00 -0000

Chasing Wrongs and Rights: My Experience Defending Human Rights Around the World (Simon & Schuster, 2022) by Elaine Pearson, the Asia Director at Human Rights Watch, is an intimate account of her journey fighting for human rights across the world. Part personal journey, part insider’s peek into the work of international human rights organizations, Chasing Wrongs and Rights is also a primer on advocacy with governments, an indictment of Australia’s human rights record and foreign policy, a career guide for people who want to work in human rights, and a reflection about what it takes for human rights change to happen. Above all the book comes out as a tribute to the activists and victims that she met, worked with, and fought for over the years in Thailand, Indonesia, Cambodia, Nepal, Sri Lanka, Papua New Guinea, Australia, and many other places. In this interview, Elaine talks about the work that Human Rights Watch does, her family history in China, her early career in anti-trafficking, her run-ins with abusive or complacent governments, and why fighting for accountability always makes a difference.

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.

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Alison L. Gash and Daniel J. Tichenor, "Democracy's Child: Young People and the Politics of Control, Leverage, and Agency" (Oxford UP, 2022)

Thu, 15 Dec 2022 09:00:00 -0000

Political Scientists Alison Gash and Dan Tichenor have a new book, Democracy's Child: Young People and the Politics of Control, Leverage, and Agency (Oxford UP, 2022), that centers children and young people within the study of democratic politics, filling in a bit of a gap in the literature, especially in political science literature. Gash and Tichenor note in their research that young people are central in so many policy areas but are often not integrated into the policy discussions or applications. As sketched out in Democracy’s Child, young people are often leveraged within our politics and our political discourse. They have been used as symbols and positioned as in need of protection—or at least some of them have been presented as being in need of protection. Tichenor and Gash dive into the idea of childhood itself, which is a more recent concept—developing over the past 150 years—and how this contextualization of young people is a significant point of political conflict. It is difficult to clearly define “young people”—since this may include children, youth, young adults, teenagers, or some constellation of each of these categories. So, while Gash and Tichenor center their research on young people, they note that who is encompassed within that term often shifts and changes depending on the political issue or policy debate.

Democracy’s Child dives into three specific areas to examine the role, place, and capacity of young people. These three areas are control, leverage, and agency, as noted in the subtitle of the book itself. Control, which guides the reader through the first section of the book, explores the autonomy of young people, or the ways in which they are managed and controlled by policy, by the state, and by adults in context of policy. This section examines differing theories about young people and how autonomous or constrained they are based on different policies and political demands. The next part of the book focuses on how policies often leverage young people to reach specific outcomes. Thus, in this context, young people are often used by competing groups or policy makers to drive towards particular outcomes. The final section looks at agency, specifically how young people have advocated for outcomes on their own, or at odds with those who are working towards separate outcomes but in the name of young people.

This is a fascinating study of democratic politics, policy, and an entire group of people who are both the center of political and policy outcomes and are often seen as such but rarely actually integrated into the dialogue and discussion.

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 (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

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Karen Levy, "Data Driven: Truckers, Technology, and the New Workplace Surveillance" (Princeton UP, 2022)

Thu, 15 Dec 2022 09:00:00 -0000

Long-haul truckers are the backbone of the American economy, transporting goods under grueling conditions and immense economic pressure. Truckers have long valued the day-to-day independence of their work, sharing a strong occupational identity rooted in a tradition of autonomy. Yet these workers increasingly find themselves under many watchful eyes. Data Driven: Truckers, Technology, and the New Workplace Surveillance (Princeton UP, 2022) examines how digital surveillance is upending life and work on the open road, and raises crucial questions about the role of data collection in broader systems of social control.

Karen Levy takes readers inside a world few ever see, painting a bracing portrait of one of the last great American frontiers. Federal regulations now require truckers to buy and install digital monitors that capture data about their locations and behaviors. Intended to address the pervasive problem of trucker fatigue by regulating the number of hours driven each day, these devices support additional surveillance by trucking firms and other companies. Traveling from industry trade shows to law offices and truck-stop bars, Levy reveals how these invasive technologies are reconfiguring industry relationships and providing new tools for managerial and legal control--and how truckers are challenging and resisting them.

Data Driven contributes to an emerging conversation about how technology affects our work, institutions, and personal lives, and helps to guide our thinking about how to protect public interests and safeguard human dignity in the digital age.

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The Future of AI in Work: A Discussion with Daniel Susskind

Fri, 09 Dec 2022 09:00:00 -0000

What exactly can artificial intelligence do? It’s an issue some of the professions are grappling with – on the face of it, law is an area that rests on fine human judgment – but in fact many of tasks it involves can be performed by AI and if that is true for law then presumably it is also true for many other areas too. Daniel Susskind of Oxford University discusses his book The Future of the Professions: How Technology Will Transform the World of Human Experts (Oxford UP, 2022),

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Tanisha M. Fazal, "Wars of Law: Unintended Consequences in the Regulation of Armed Conflict" (Cornell UP, 2020)

Thu, 08 Dec 2022 09:00:00 -0000

In Wars of Law: Unintended Consequences in the Regulation of Armed Conflict (Cornell UP, 2020), Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years.

Fazal outlines three main arguments: early laws of war favored belligerents, but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with international humanitarian law; and lawmakers have been consistently inattentive to how rebel groups might receive these laws. By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals.

Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? In addressing such questions, Fazal provides a lively and intriguing account of the implications of the laws of war.

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Virginia L. Summey, "The Life of Elreta Melton Alexander: Activism within the Courts" (U Georgia Press, 2022)

Wed, 07 Dec 2022 09:00:00 -0000

Virginia L. Summey's book The Life of Elreta Melton Alexander: Activism within the Courts (U Georgia Press, 2022) explores the life and contributions of groundbreaking attorney, Elreta Melton Alexander Ralston (1919–98). In 1945 Alexander became the first African American woman to graduate from Columbia Law School. In 1947 she was the first African American woman to practice law in the state of North Carolina, and in 1968 she became the first African American woman to become an elected district court judge. Despite her accomplishments, Alexander is little known to scholars outside of her hometown of Greensboro, North Carolina. Her life and career deserve recognition, however, not just because of her impressive lists of “firsts,” but also owing to her accomplishments during the civil rights movement in the U.S. South.

While Alexander did not actively participate in civil rights marches and demonstrations, she used her professional achievements and middle-class status to advocate for individuals who lacked a voice in the southern legal system. Virginia L. Summey argues that Alexander was integral to the civil rights movement in North Carolina as she, and women like her, worked to change discriminatory laws while opening professional doors for other minority women. Using her professional status, Alexander combatted segregation by demonstrating that Black women were worthy and capable of achieving careers alongside white men, thereby creating environments in which other African Americans could succeed. Her legal expertise and ability to reach across racial boundaries made her an important figure in Greensboro history.

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.

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Salvador Santino F. Regilme and Irene Hadiprayitno, "Human Rights at Risk: Global Governance, American Power, and the Future of Dignity" (Rutgers UP, 2022)

Wed, 07 Dec 2022 09:00:00 -0000

Human Rights at Risk: Global Governance, American Power, and the Future of Dignity (Rutgers University Press, 2022) is a fascinating book that brings together social scientists, legal scholars, and humanities scholars from both the Global North and Global South to provide a challenge to understandings about normative and empirical claims to human rights. Salvador Santino F. Regilme Jr. and Irene Hadiprayitno's edited collection questions the effectiveness of international human rights institutions, identifying thematic blind spots and providing fresh analysis for a way forward in the Post-Trump era.

I very much enjoyed having Dr. Salvador Santino F. Regilme Jr. back on the show; the discussion was enriching and will challenge human rights scholars to move beyond their comfort zone to seek ways to better protect human rights at risk. You can listen to our previous interview, about his book, Aid Imperium: United States Foreign Policy and Human Rights in Post-Cold War Southeast Asia, here.

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Ruti G. Teitel, "Transitional Justice" (Oxford UP, 2000)

Sun, 04 Dec 2022 09:00:00 -0000

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.

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Beverley Clough, "The Spaces of Mental Capacity Law: Moving Beyond Binaries" (Routledge, 2021)

Sat, 03 Dec 2022 09:00:00 -0000

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 @JaneRichardsHK

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Civil Disobedience

Fri, 02 Dec 2022 09:00:00 -0000

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.

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Paul Belleflamme and Martin Peitz, "The Economics of Platforms: Concepts and Strategy" (Cambridge UP, 2021)

Wed, 30 Nov 2022 09:00:00 -0000

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.

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Trevor Jackson, "Impunity and Capitalism: The Afterlives of European Financial Crises, 1690-1830" (Cambridge UP, 2022)

Wed, 30 Nov 2022 09:00:00 -0000

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.

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Alexander Laban Hinton, "Anthropological Witness: Lessons from the Khmer Rouge Tribunal" (Cornell UP, 2022)

Fri, 25 Nov 2022 09:00:00 -0000

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.

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Anna Dziedzic, "Foreign Judges in the Pacific" (Hart Publishing, 2021)

Fri, 25 Nov 2022 09:00:00 -0000

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 study 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

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The Future of Multiculturalism: A Discussion with Patti Tamara Lenard and Peter Balint

Fri, 25 Nov 2022 09:00:00 -0000

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).

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Frans Camphuijsen, "Scripting Justice in Late Medieval Europe: Legal Practice and Communication in the Law Courts of Utrecht, York and Paris" (Amsterdam UP, 2022)

Wed, 23 Nov 2022 09:00:00 -0000

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.

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Amy Gajda, "Seek and Hide: The Tangled History of the Right to Privacy" (Viking, 2022)

Tue, 22 Nov 2022 09:00:00 -0000

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.

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Lyndsie Bourgon, "Tree Thieves: Crime and Survival in North America's Woods" (Little, Brown Spark, 2022)

Tue, 22 Nov 2022 09:00:00 -0000

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.

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Aynne Kokas, "Trafficking Data: How China Is Winning the Battle for Digital Sovereignty" (Oxford UP, 2022)

Tue, 22 Nov 2022 09:00:00 -0000

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.

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Anita Guerrini, "Experimenting with Humans and Animals: From Aristotle to CRISPR" (Johns Hopkins UP, 2022)

Wed, 16 Nov 2022 09:00:00 -0000

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.

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Jeffrey Bellin, "Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover" (Cambridge UP, 2022)

Tue, 15 Nov 2022 09:00:00 -0000

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.

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Matthew Crain, "Profit over Privacy: How Surveillance Advertising Conquered the Internet" (U Minnesota Press, 2021)

Tue, 15 Nov 2022 09:00:00 -0000

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.

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The Future of Data Control: A Discussion with Sarah Lamdan

Tue, 15 Nov 2022 09:00:00 -0000

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.

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Igor Shoikhedbrod, "Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights" (Palgrave Macmillan, 2021)

Mon, 14 Nov 2022 09:00:00 -0000

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.

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Bruce W. Dearstyne, "The Crucible of Public Policy: New York Courts in the Progressive Era" (SUNY Press, 2022)

Fri, 11 Nov 2022 09:00:00 -0000

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.

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U.S. Determinization of Genocide in Myanmar: Part Two, What’s Next?

Fri, 11 Nov 2022 09:00:00 -0000

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

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

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Arvind Narrain, "India's Undeclared Emergency: Constitutionalism and the Politics of Resistance" (Context, 2022)

Thu, 10 Nov 2022 09:00:00 -0000

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.

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The Future of Rules: A Discussion with Lorraine Daston

Tue, 08 Nov 2022 09:00:00 -0000

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.

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Andrew S. Rosenberg, "Undesirable Immigrants: Why Racism Persists in International Migration" (Princeton UP, 2022)

Mon, 07 Nov 2022 09:00:00 -0000

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.

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Can We Square the Circle? Universalism Versus Communitarianism

Mon, 07 Nov 2022 09:00:00 -0000

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.

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Christopher Stuart Taylor, "Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians" (Fernwood, 2016)

Fri, 04 Nov 2022 08:00:00 -0000

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.

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Bree Akesson and Andrew R. Basso, "From Bureaucracy to Bullets: Extreme Domicide and the Right to Home" (Rutgers UP, 2022)

Fri, 04 Nov 2022 08:00:00 -0000

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).

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Geetanjali Srikantan, "Identifying and Regulating Religion in India: Law, History and the Place of Worship" (Cambridge UP, 2020)

Thu, 03 Nov 2022 08:00:00 -0000

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.

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Andrew Fitzmaurice, "King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century" (Princeton UP, 2021)

Thu, 03 Nov 2022 08:00:00 -0000

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.

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Saba Bazargan-Forward, "Authority, Cooperation, and Accountability" (Oxford UP, 2022)

Tue, 01 Nov 2022 08:00:00 -0000

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.

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The Future of Money Laundering: A Discussion with Oliver Bullough

Tue, 01 Nov 2022 08:00:00 -0000

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).

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Max H. Bazerman, "Complicit: How We Enable the Unethical and How to Stop" (Princeton UP, 2022)

Tue, 01 Nov 2022 08:00:00 -0000

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.

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Alejandro Anaya-Muñoz and Barbara Frey, "Mexico's Human Rights Crisis" (U Pennsylvania Press, 2019)

Mon, 31 Oct 2022 08:00:00 -0000

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.

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Elizabeth F. Schwartz, "Before I Do: A Legal Guide to Marriage, Gay and Otherwise" (New Press, 2016)

Thu, 27 Oct 2022 08:00:00 -0000

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.

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Lynn M. Hudson, "West of Jim Crow: The Fight Against California's Color Line" (U Illinois Press, 2020)

Wed, 26 Oct 2022 08:00:00 -0000

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.

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Guy Lancaster, "American Atrocity: The Types of Violence in Lynching" (U Arkansas Press, 2021)

Wed, 26 Oct 2022 08:00:00 -0000

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.

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Ron E. Hassner, "Anatomy of Torture" (Cornell UP, 2022)

Wed, 26 Oct 2022 08:00:00 -0000

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.

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Transitional Justice in Post-Communist Europe

Tue, 25 Oct 2022 08:00:00 -0000

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.

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Jennifer Lillian Lodine-Chaffey, "A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England" (U Alabama Press, 2022)

Tue, 25 Oct 2022 08:00:00 -0000

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.

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Larisa Kingston Mann, "Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022)

Mon, 24 Oct 2022 08:00:00 -0000

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.

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Lucy Series, "Deprivation of Liberty in the Shadows of the Institution" (Bristol UP, 2022)

Mon, 24 Oct 2022 08:00:00 -0000

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.

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Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022)

Mon, 24 Oct 2022 08:00:00 -0000

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Elsa Sjunneson, "Being Seen: One Deafblind Woman's Fight to End Ableism" (Simon Element, 2021)

Thu, 20 Oct 2022 08:00:00 -0000

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.

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Josh Bowsher, "The Informational Logic of Human Rights" (Edinburgh UP, 2022)

Wed, 19 Oct 2022 08:00:00 -0000

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.

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Peace A. Medie, "Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa" (Oxford UP, 2020)

Mon, 17 Oct 2022 08:00:00 -0000

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Kimberly Kay Hoang, "Spiderweb Capitalism: How Global Elites Exploit Frontier Markets" (Princeton UP, 2022)

Mon, 17 Oct 2022 08:00:00 -0000

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.

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Sherry Boschert, "37 Words: Title IX and Fifty Years of Fighting Sex Discrimination" (New Press, 2022)

Fri, 14 Oct 2022 08:00:00 -0000

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.

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Suzana Sawyer, "The Small Matter of Suing Chevron" (Duke UP, 2022)

Wed, 12 Oct 2022 08:00:00 -0000

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.

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P. E. Caquet, "Opium's Orphans: The 200-Year History of the War on Drugs" (Reaktion Books, 2022)

Wed, 12 Oct 2022 08:00:00 -0000

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

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E. Amanda McVitty, "Treason and Masculinity in Medieval England: Gender, Law and Political Culture" (Boydell Press, 2020)

Wed, 12 Oct 2022 08:00:00 -0000

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.

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Andrew Porwancher et al., "The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy" (UP of Kansas, 2022)

Mon, 10 Oct 2022 08:00:00 -0000

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.

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M. Margaret McKeown, "Citizen Justice: The Environmental Legacy of William O. Douglas" (Potomac Books, 2022)

Mon, 10 Oct 2022 08:00:00 -0000

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.

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René Provost, "Rebel Courts: The Administration of Justice by Armed Insurgents" (Oxford UP, 2021)

Thu, 06 Oct 2022 08:00:00 -0000

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.

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Monika Nalepa, "After Authoritarianism: Transitional Justice and Democratic Stability" (Cambridge UP, 2022)

Wed, 05 Oct 2022 08:00:00 -0000

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.

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Mark Neocleous, "A Critical Theory of Police Power: The Fabrication of the Social Order" (Verso, 2021)

Wed, 05 Oct 2022 08:00:00 -0000

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).

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Noah Shusterman, "Armed Citizens: The Road from Ancient Rome to the Second Amendment" (U Virginia Press, 2020)

Fri, 30 Sep 2022 08:00:00 -0000

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.

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Kermit Roosevelt III, "The Nation That Never Was: Reconstructing America's Story" (U Chicago Press, 2022)

Thu, 29 Sep 2022 08:00:00 -0000

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.

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James Bessen, "The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation" (Yale UP, 2022)

Thu, 29 Sep 2022 08:00:00 -0000

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

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Chitranshul Sinha, "The Great Repression: The Story of Sedition in India" (India Viking, 2019)

Tue, 27 Sep 2022 08:00:00 -0000

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.

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Keri Blakinger, "Corrections in Ink: A Memoir" (St. Martin's Press, 2022)

Thu, 22 Sep 2022 08:00:00 -0000

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.

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Charles L. Chavis Jr., "The Silent Shore: The Lynching of Matthew Williams and the Politics of Racism in the Free State" (Johns Hopkins UP, 2022)

Thu, 22 Sep 2022 08:00:00 -0000

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.

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David Enrich, "Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice" (Mariner Books, 2022)

Wed, 21 Sep 2022 08:00:00 -0000

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.

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Timothy Paul Bowman, "You Will Never Be One of Us: A Teacher, a Texas Town, and the Rural Roots of Radical Conservatism" (U of Oklahoma Press, 2022)

Tue, 20 Sep 2022 08:00:00 -0000

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.

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Rohan J. Alva, "Liberty After Freedom: A History of Article 21, Due Process and the Constitution of India" (Harper Collins, 2022)

Mon, 19 Sep 2022 08:00:00 -0000

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.

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Bruce J. Dierenfield and David A. Gerber, "Disability Rights and Religious Liberty in Education: The Story Behind Zobrest V. Catalina Foothills School District" (U Illinois Press, 2020)

Wed, 14 Sep 2022 08:00:00 -0000

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.

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Ethan Czuy Levine, "Rape by the Numbers: Producing and Contesting Scientific Knowledge about Sexual Violence" (Rutgers UP, 2021)

Tue, 13 Sep 2022 08:00:00 -0000

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.

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Joel Michael Reynolds, "The Life Worth Living: Disability, Pain, and Morality" (U Minnesota Press, 2022)

Fri, 09 Sep 2022 08:00:00 -0000

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.

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Eric A. Posner, "How Antitrust Failed Workers" (Oxford UP, 2021)

Thu, 08 Sep 2022 08:00:00 -0000

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.

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Ryan T. Anderson and Alexandra DeSanctis, "Tearing Us Apart: How Abortion Harms Everything and Solves Nothing" (Regnery, 2022)

Fri, 02 Sep 2022 08:00:00 -0000

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.

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The Tamiflu Trials: Profit and Public Health

Fri, 02 Sep 2022 08:00:00 -0000

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?

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Ken MacLean, "Crimes in Archival Form: Human Rights, Fact Production, and Myanmar" (U California Press, 2022)

Thu, 01 Sep 2022 08:00:00 -0000

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.

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Lee C. Bollinger and Geoffrey R. Stone, "Social Media, Freedom of Speech, and the Future of Our Democracy" (Oxford UP, 2022)

Thu, 01 Sep 2022 08:00:00 -0000

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).

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Kelly McCormick, "The Problem of Blame: Making Sense of Moral Anger" (Cambridge UP, 2022)

Thu, 01 Sep 2022 08:00:00 -0000

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.

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The Heroin Clinic

Thu, 01 Sep 2022 04:00:00 -0000

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.

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This is Your Brain on Trial

Wed, 31 Aug 2022 08:00:00 -0000

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.

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Leslie Kern, "Gentrification is Inevitable and Other Lies" (Verso, 2022)

Wed, 31 Aug 2022 08:00:00 -0000

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.

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Jeffrey D. Pugh, "The Invisibility Bargain: Governance Networks and Migrant Human Security" (Oxford UP, 2021)

Tue, 30 Aug 2022 08:00:00 -0000

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.

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Property Technology

Tue, 30 Aug 2022 08:00:00 -0000

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. <https://www.tandfonline.com/doi/abs/10.1080/13604813.2020.1739910>

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.

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Brian DeMare, "Tiger, Tyrant, Bandit, Businessman: Echoes of Counterrevolution from New China" (Stanford UP, 2022)

Tue, 30 Aug 2022 08:00:00 -0000

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.

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Pathological: The Work of Dr. Charles Smith

Tue, 30 Aug 2022 08:00:00 -0000

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.

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Derailed: The Crisis of Forensic Expertise

Mon, 29 Aug 2022 08:00:00 -0000

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.

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Lavinia Stan and Nadya Nedelsky, "Encyclopedia of Transitional Justice" (Cambridge UP, 2013)

Fri, 26 Aug 2022 08:00:00 -0000

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.

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Mélissa Mialon, "Big Food & Co" (Thierry Souccar Editions, 2021)

Fri, 26 Aug 2022 08:00:00 -0000

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.

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Mathew Lawrence and Adrienne Buller, "Owning the Future: Power and Property in an Age of Crisis" (Verso, 2022)

Tue, 23 Aug 2022 08:00:00 -0000

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.

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Postscript: How the Supreme Court Overturned a Century-Old Gun Law…and Changed American Jurisprudence

Mon, 22 Aug 2022 08:00:00 -0000

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.

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Stephen Hewer. "Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland" (Brepols, 2022)

Wed, 17 Aug 2022 08:00:00 -0000

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.

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Christopher Witko, "Hijacking the Agenda: Economic Power and Political Influence" (Russell Sage Foundation, 2021)

Mon, 15 Aug 2022 08:00:00 -0000

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.

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Jamie Ducharme, "Big Vape: The Incendiary Rise of Juul" (Henry Holt, 2021)

Thu, 11 Aug 2022 08:00:00 -0000

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).

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Jeffrey S. Sutton, "Who Decides?: States As Laboratories of Constitutional Experimentation" (Oxford UP, 2021)

Wed, 10 Aug 2022 08:00:00 -0000

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.

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Ronald Meester and Klaas Slooten, "Probability and Forensic Evidence: Theory, Philosophy, and Applications" (Cambridge UP, 2021)

Tue, 09 Aug 2022 08:00:00 -0000

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.

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John Callow, "The Last Witches of England: A Tragedy of Sorcery and Superstition" (Bloomsbury, 2021)

Fri, 05 Aug 2022 08:00:00 -0000

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.

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Corey Robin, "The Enigma of Clarence Thomas" (Metropolitan Books, 2019)

Thu, 04 Aug 2022 08:00:00 -0000

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).

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Maya Mikdashi, "Sextarianism: Sovereignty, Secularism, and the State in Lebanon" (Stanford UP, 2022)

Thu, 04 Aug 2022 08:00:00 -0000

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

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Matt Stoller, "Goliath: The 100-Year War Between Monopoly Power and Democracy" (Simon & Schuster, 2020)

Wed, 03 Aug 2022 08:00:00 -0000

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).

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Lisa Ford, "The King's Peace: Law and Order in the British Empire" (Harvard UP, 2021)

Tue, 02 Aug 2022 08:00:00 -0000

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.

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Hawa Allan, "Insurrection: Rebellion, Civil Rights, and the Paradoxical State of Black Citizenship" (Norton, 2022)

Fri, 29 Jul 2022 08:00:00 -0000

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.

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International Association of Genocide Scholars

Fri, 29 Jul 2022 08:00:00 -0000

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).

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Paisley Currah, "Sex Is as Sex Does: Governing Transgender Identity" (NYU Press, 2022)

Fri, 29 Jul 2022 08:00:00 -0000

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.

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Elisabeth R. Anker, "Ugly Freedom" (Duke UP, 2022)

Thu, 28 Jul 2022 08:00:00 -0000

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.

Emma R. Handschke assisted in the production of this podcast.

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Samantha Power on Hannah Arendt and Human Rights

Wed, 27 Jul 2022 08:00:00 -0000

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.

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Michael Bérubé and Jennifer Ruth, "It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom" (Johns Hopkins UP, 2022)

Mon, 25 Jul 2022 08:00:00 -0000

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.

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Exiled in America: About the Lives of Registered Sex Offenders

Fri, 22 Jul 2022 08:00:00 -0000

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.

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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.

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Prison Notebooks: Thinking (and Writing) about Incarceration

Thu, 21 Jul 2022 08:00:00 -0000

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—————————-

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.

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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.

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Tara Watson and Kalee Thompson, "The Border Within: The Economics of Immigration in an Age of Fear" (U Chicago Press, 2021)

Tue, 19 Jul 2022 08:00:00 -0000

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.

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Asim Qureshi, "I Refuse to Condemn: Resisting Racism in Times of National Security" (Manchester UP, 2020)

Fri, 15 Jul 2022 08:00:00 -0000

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.

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Willem Bart de Lint, "Blurring Intelligence Crime: A Critical Forensics" (Springer, 2022)

Fri, 15 Jul 2022 08:00:00 -0000

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.

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Jamie Susskind, "The Digital Republic: On Freedom and Democracy in the 21st Century" (Pegasus Books, 2022)

Mon, 11 Jul 2022 08:00:00 -0000

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.

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Reshaping the Politics of Science: Bioscience Governance in Indonesia

Fri, 08 Jul 2022 08:00:00 -0000

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.

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B. J. Crawford and E. G. Waldman, "Menstruation Matters: Challenging the Law's Silence on Periods" (NYU Press, 2022)

Fri, 08 Jul 2022 08:00:00 -0000

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.

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Lucia M. Rafanelli, "Promoting Justice Across Borders: The Ethics of Reform Intervention" (Oxford UP, 2021)

Thu, 07 Jul 2022 08:00:00 -0000

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.

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Adam Hanna, "Poetry, Politics, and the Law in Modern Ireland" (Syracuse UP, 2022)

Thu, 07 Jul 2022 08:00:00 -0000

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.

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Leila Neti, "Colonial Law in India and the Victorian Imagination" (Cambridge UP, 2021)

Wed, 06 Jul 2022 08:00:00 -0000

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.

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Pallavi Banerjee, "The Opportunity Trap: High-Skilled Workers, Indian Families, and the Failures of the Dependent Visa Program" (NYU Press, 2022)

Wed, 06 Jul 2022 08:00:00 -0000

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.

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Legal Regulation of Drugs

Tue, 05 Jul 2022 08:00:00 -0000

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

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Jason D. Spraitz and Kendra N. Bowen, "Institutional Sexual Abuse in the #metoo Era" (Southern Illinois UP, 2021)

Fri, 01 Jul 2022 08:00:00 -0000

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.

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Anna Sergi et al., "Ports, Crime and Security: Governing and Policing Seaports in a Changing World" (Bristol UP, 2021)

Fri, 01 Jul 2022 08:00:00 -0000

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.

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The Human Tragedy in Yemen

Wed, 29 Jun 2022 08:00:00 -0000

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.

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Francesca Lessa, "The Condor Trials: Transnational Repression and Human Rights in South America" (Yale UP, 2022)

Fri, 24 Jun 2022 08:00:00 -0000

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.

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Elizabeth Anker, "Ugly Freedoms" (Duke UP, 2022)

Fri, 24 Jun 2022 08:00:00 -0000

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.

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Nathan A. Kurz, "Jewish Internationalism and Human Rights after the Holocaust" (Cambridge UP, 2020)

Wed, 22 Jun 2022 08:00:00 -0000

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.

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Mark Fathi Massoud, "Shari'a, Inshallah: Finding God in Somali Legal Politics" (Cambridge UP, 2021)

Tue, 21 Jun 2022 08:00:00 -0000

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.

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Lori A. Allen, "A History of False Hope: Investigative Commissions in Palestine" (Stanford UP, 2020)

Mon, 20 Jun 2022 08:00:00 -0000

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.

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Joshua Prager, "The Family Roe: An American Story" (W. W. Norton, 2021)

Mon, 20 Jun 2022 08:00:00 -0000

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.

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Mikaela Rabinowitz, "Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice" (Routledge, 2021)

Fri, 17 Jun 2022 08:00:00 -0000

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.

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Judah Schept, "Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia" (NYU Press, 2022)

Fri, 17 Jun 2022 08:00:00 -0000

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.

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David L. Sloss, "Tyrants on Twitter: Protecting Democracies from Information Warfare" (Stanford UP, 2022)

Fri, 17 Jun 2022 08:00:00 -0000

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.

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Aziz Z. Huq, "The Collapse of Constitutional Remedies" (Oxford UP, 2021)

Fri, 17 Jun 2022 08:00:00 -0000

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.

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Rizwaan Sabir, "Shadows of Suspicion: Counterterrorism, Muslims and the British Security State" (Pluto Press, 2022)

Thu, 16 Jun 2022 08:00:00 -0000

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.

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).

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Mary Sarah Bilder, "Female Genius: Eliza Harriot and George Washington at the Dawn of the Constitution" (U Virginia Press, 2022)

Wed, 15 Jun 2022 08:00:00 -0000

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.

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Lydia Wilkes et al., "Rhetoric and Guns" (Utah State UP, 2022)

Wed, 15 Jun 2022 08:00:00 -0000

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.

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Menachem Kaiser, "Plunder: A Memoir of Family Property and Nazi Treasure" (Mariner Books, 2021)

Tue, 14 Jun 2022 08:00:00 -0000

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.

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Gian Maria Campedelli, "Machine Learning for Criminology and Crime Research: At the Crossroads" (Routledge, 2022)

Tue, 14 Jun 2022 08:00:00 -0000

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.

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Steven K. Green, "Separating Church and State: A History" (Cornell UP, 2022)

Tue, 14 Jun 2022 08:00:00 -0000

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.

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Ralph Hope, "The Grey Men: Pursuing the Stasi into the Present" (Oneworld, 2021)

Fri, 10 Jun 2022 08:00:00 -0000

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.

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Risa Brooks et al., "Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War" (Oxford UP, 2020)

Thu, 09 Jun 2022 08:00:00 -0000

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.

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Robin Goldstein and Daniel Sumner, "Can Legal Weed Win?: The Blunt Realities of Cannabis Economics" (U California Press, 2022)

Tue, 07 Jun 2022 08:00:00 -0000

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.

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Mario Daniels and John Krige, "Knowledge Regulation and National Security in Postwar America" (U Chicago Press, 2022)

Wed, 01 Jun 2022 08:00:00 -0000

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.

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Alejandro de la Fuente and Ariela J. Gross, "Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana" (Cambridge UP, 2020)

Tue, 31 May 2022 08:00:00 -0000

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.

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Audrey L. Comstock, "Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance" (Cambridge UP, 2021)

Mon, 30 May 2022 08:00:00 -0000

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.

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Brandon T. Jett, "Race, Crime, and Policing in the Jim Crow South" (Louisiana State UP, 2021)

Fri, 27 May 2022 08:00:00 -0000

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

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Abolition

Thu, 26 May 2022 08:00:00 -0000

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

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New Books in Law

Nikki Luke, "Electric Life: Utility Regulation and the Fight for Energy Democracy" (MIT Press, 2026)

How Bolsonaro was Convicted: The Role of the Judiciary During and After Autocratization

Masako Ichihara, "Climate Change Litigation in Japan: Cases, Challenges, and Opportunities for Environmental Law" (Brill, 2026)

Manuel Barcia, "Pirate Imperialism: Trade, Abolition, and Global Suppression of Maritime Raiding, 1825–1870" (Yale UP, 2026)

Victor Li, "Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process" (Palgrave Macmillan, 2025)

Lisa Siraganian, "The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots" (Verso, 2026)

Tim Connor et al., "Global Business and Local Struggle: Reimagining Non-Judicial Remedy for Human Rights" (Cambridge UP, 2025)

Emotions of LGBT Rights

Susan Goodier and Karen Pastorello, "Women Will Vote: Winning Suffrage in New York State" (Cornell UP, 2017)

Lee Ann S. Wang, "The Violence of Protection: Policing, Immigration Law, and Asian American Women" (Duke UP, 2026)

Robert Cribb and Sandra Wilson, "Twelve Japanese War Criminals and One Who Got Away" (U Hawaiʻi Press, 2026)

Jeanne-Marie Jackson, "The Letter of the Law in J. E. Casely Hayford's West Africa" (Princeton UP, 2026)

Colloquies on European Civil Procedure: A Conversation with Marco de Benito

Gijs Kruijtzer, "Justifying Transgression: Muslims, Christians, and the Law - 1200 to 1700" (de Gruyter, 2023)

Joanna Siekiera ed., "NATO Stability Policing: Beneficial Tool in Filling the Security Gap and Establishing the Rule of Law, and a Safe and Secure Environment" (NATO Stability Policing Centre Of Excellence, 2024)

Doug Crandell, "Twenty-Two Cents an Hour: Disability Rights and the Fight to End Subminimum Wages" (Cornell UP, 2022)

Sidra Hamidi, "After Fission: Recognition and Contestation in the Atomic Age" (Cambridge UP, 2026)

Maria A. Sanchez, "Deference and Divergence in Regional Human Rights Courts" (Cornell UP, 2026)

Christopher Munn, "Penalties of Empire: Capital Trials in Colonial Hong Kong" (Hong Kong UP, 2025)

Alex Powell, "Queering UK Refugee Law: Sexual Diversity and Asylum Administration" (Bristol UP, 2026)

Michelle Adams, "The Containment: Detroit, the Supreme Court, and the Battle for Racial Justice in the North" (FSG Press, 2025)

Maud Anne Bracke, "Reproductive Rights in Modern France: Reproductive Rights in Modern France: Feminism, Contraception, and Abortion, 1950-1980 (Oxford UP, 2025)

Amy Littlefield, "Killers of Roe: My Investigation Into the Mysterious Death of Abortion Rights" (Legacy Lit, 2026)

David L. Eng, "Reparations and the Human" (Duke UP, 2025)

Zev Eleff et al. eds., "The Oxford Handbook of Jewish Law" (Oxford UP, 2025)

Jamila Michener and Mallory E. Sorelle, "Uncivil Democracy: ﻿﻿How Access to Justice Shapes Political Power" ﻿(Princeton UP, 2026)

Andrea Mansker, "Matchmaking and the Marriage Market in Postrevolutionary France" (Cornell UP, 2024)

Allison Powers, "Arbitrating Empire: United States Expansion and the Transformation of International Law" (Oxford UP, 2024)

Sally Frances Low, "Colonial Law Making: Cambodia Under the French" (NUS Press, 2023)

Mélanie Lamotte, "By Flesh and Toil: How Sex, Race, and Labor Shaped the Early French Empire" (Harvard UP, 2026)

Trump, the UN Charter, and the Strange Politics of International Law

Lys Kulamadayil, "Pathology of Plenty: Natural Resources in International Law" (Bloomsbury 2025)

Charles Alistair McCrary, "Sincerely Held: American Secularism and Its Believers" (U Chicago Press, 2022)

Jacob Mchangama, "Free Speech: A History from Socrates to Social Media" (Basic Books, 2022)

Jessica Lake, "Special Damage: The Slander of Women and the Gendered History of Defamation Law" (Stanford UP, 2025)

Michael Stambolis-Ruhstorfer, "By the Power Vested in Me: How Experts Shape Same-Sex Marriage Debates" (Columbia UP, 2025)

Ghost in the Criminal Justice Machine

Karin Wulf, "Lineage: Genealogy and the Power of Connection in Early America" (Oxford UP, 2025)

George Fisher, "Beware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs" (Oxford UP, 2024)

Simon Devereaux, "Execution, State and Society in England, 1660–1900" (Cambridge UP, 2023)

Matteo Gatti, "Corporate Power and the Politics of Change" (Cambridge UP, 2025)

Zainab Saleh, "Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq" (﻿Stanford UP, 2025)

Terence Keel, "The Coroner’s Silence: Death Records and the Hidden Victims of Police Violence" (Beacon Press, 2025)

Emilie Connolly, "Vested Interests: Trusteeship and Native Dispossession in the United States" (Princeton UP, 2025)

Amanda G. Madden, "Civil Blood: Vendetta Violence and the Civic Elites in Early Modern Italy" (Cornell UP, 2025)

A. Mechele Dickerson, "The Middle-Class New Deal: Restoring Upward Mobility and the American Dream" (U California Press, 2026)

Stephen Skowronek, "The Adaptability Paradox: Political Inclusion and Constitutional Resilience" (U Chicago Press, 2025)

Anna Sergi, "How to Recognize the Mafia Abroad: Critical Notes on ‘ndrangheta Mobility" (Policy Press, 2025)

Heather Smith-Cannoy et al., "Sex Trafficking and Human Rights: The Status of Women and State Responses" (Georgetown UP, 2022)

J. Logan Smilges, "Crip Negativity" (U of Minnesota Press, 2023)

Sarah Kunz, "Expatriate: Following a Migration Category" (Manchester UP, 2023)

Chris Dietz, "Self-Declaration in the Legal Recognition of Gender" (Routledge, 2022)

David Morris, "Stealing The Future: Sam Bankman-Fried, Elite Fraud, and the Cult of Techno-Utopia" (Watkins Media, 2025)

Jason Isralowitz, "Nothing to Fear: Alfred Hitchcock and the Wrong Men" (Fayetteville Mafia Press, 2023)

James Greenwood-Reeves, "Justifying Violent Protest: Law and Morality in Democratic States" (Routledge, 2023)

Deana Heath and Jinee Lokaneeta, "Policing and Violence in India: Colonial Origins and Contemporary Realities" (Speaking Tiger, 2025)

Dagmar Schafer, "Ownership of Knowledge: Beyond Intellectual Property" (MIT Press, 2023)

J. Barton Scott, "Slandering the Sacred: Blasphemy Law and Religious Affect in Colonial India" (U Chicago Press, 2023)

Marion Gibson, "Witchcraft: A History in Thirteen Trials" (Scribner, 2023)

Danielle Allen, "Justice by Means of Democracy" (U Chicago Press, 2023)

Agata Fijalkowski, "Law, Visual Culture, and the Show Trial" (Routledge, 2023)

Alastair McClure, "Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857-1922" (Cambridge UP, 2024)

Robin F. Hansen, "Prison Born: Incarceration and Motherhood in the Colonial Shadow" (U Regina Press, 2024)

Jonathan Sumption, "The Challenges of Democracy: And the Rule of Law" (Profile Books, 2026)

Douglas Morris, "Legal Sabotage: Ernst Fraenkel in Hitler's Germany" (Cambridge UP, 2020)

Douglas Morris, "Legal Sabotage: Ernst Fraenkel in Hitler's Germany" (Cambridge UP, 2020)

Joanna Siekiera, "International Law and Security in Indo-Pacific: Strategic Design for the Region" (Routledge, 2025)

Yan-ho Lai, "Legal Resistance Under Authoritarianism: The Struggle for the Rule of Law in Hong Kong" (Amsterdam UP, 2025)

Negar Mansouri and Daniel R. Quiroga-Villamarín eds., "Ways of Seeing International Organisations: New Perspectives for International Institutional Law" (Cambridge UP, 2025

Rachel Jean-Baptiste, "Multiracial Identities in Colonial French Africa: Race, Childhood, and Citizenship" (Cambridge UP, 2023)

Peace A. Medie, "Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa" (Oxford UP, 2020)

Elizabeth Chika Tippett, "The Master-Servant Doctrine: How Old Legal Rules Haunt the Modern Workplace" (U California Press, 2025)

Philip Pettit, "The State" (Princeton UP, 2023)

Jake Monaghan, "Just Policing" (Oxford UP, 2023)

John A. Camacho and Zack Hamilton, "Sports Chaos: Exploring the Reasons Behind Expert Business, Legal, and Moral Decisions" (2025)

Arpitha Kodiveri, "Governing Forests: State, Law and Citizenship in India’s Forests" (Melbourne UP, 2024)

David Garland, "Law and Order Leviathan: America’s Extraordinary Regime of Policing and Punishment" (Princeton UP, 2025)

John Jackson, "Special Advocates in the Adversarial System" (Routledge, 2020)

Anand P. Vaidya, "Future of the Forest: Struggles over Land and Law in India" (Cornell UP, 2025)

Jamila Michener and Mallory E. Sorelle, "Uncivil Democracy: How Access to Justice Shapes Political Power" (Princeton UP, 2026)

Zainab Saleh, "Political Undesirables: Citizenship, Denaturalization, and Reclamation in Iraq" (Stanford UP, 2025)