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New Books in Law

New Books in Law

1,850 episodes — Page 15 of 37

Ep 206Lyndsie Bourgon, "Tree Thieves: Crime and Survival in North America's Woods" (Little, Brown Spark, 2022)

There's a strong chance that chair you are sitting on was made from stolen lumber. In Tree Thieves: Crime And Survival In North America's Woods (Little, Brown Spark, 2022), Lyndsie Bourgon takes us deep into the underbelly of the illegal timber market. As she traces three timber poaching cases, she introduces us to tree poachers, law enforcement, forensic wood specialists, the enigmatic residents of former logging communities, environmental activists, international timber cartels, and indigenous communities along the way. Old-growth trees are invaluable and irreplaceable for both humans and wildlife, and are the oldest living things on earth. But the morality of tree poaching is not as simple as we might think: stealing trees is a form of deeply rooted protest, and a side effect of environmental preservation and protection that doesn't include communities that have been uprooted or marginalized when park boundaries are drawn. As Bourgon discovers, failing to include working class and rural communities in the preservation of these awe-inducing ecosystems can lead to catastrophic results. Featuring excellent investigative reporting, fascinating characters, logging history, political analysis, and cutting-edge tree science, Tree Thieves takes readers on a thrilling journey into the intrigue, crime, and incredible complexity sheltered under the forest canopy. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 22, 202236 min

Ep 85Amy Gajda, "Seek and Hide: The Tangled History of the Right to Privacy" (Viking, 2022)

Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone, even in the United States? The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. You may be surprised to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for the powerful and the privileged. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court jus­tice Louis Brandeis famously promoted First Amend­ment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Don­ald Trump confidently hid behind privacy despite the public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as author Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets. Too much means the famous and infamous can cloak themselves in secrecy and dodge accountability. Seek and Hide: The Tangled History of the Right to Privacy (Viking, 2022) carries us from the very start, when privacy concepts first entered American law and society, to now, when the law al­lows a Silicon Valley titan to destroy a media site like Gawker out of spite. Muckraker Upton Sinclair, like Nellie Bly before him, pushed the envelope of privacy and propriety and then became a privacy advocate when journalists used the same techniques against him. By the early 2000s we were on our way to today’s full-blown crisis in the digital age, worrying that smartphones, webcams, basement publishers, and the forever internet had erased privacy completely. Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at [email protected]. She's on Twitter @embracingwisdom. She blogs here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 22, 202251 min

Ep 41Anita Guerrini, "Experimenting with Humans and Animals: From Aristotle to CRISPR" (Johns Hopkins UP, 2022)

Experimentation on animals—particularly humans—is often assumed to be a uniquely modern phenomenon. But the ideas and attitudes that encourage biological and medical scientists to experiment on living creatures date from the earliest expressions of Western thought. In Experimenting with Humans and Animals: From Aristotle to CRISPR (Johns Hopkins UP, 2022) (Johns Hopkins UP), Anita Guerrini looks at the history of these practices and examines the philosophical and ethical arguments that justified them. Guerrini discusses key historical episodes in the use of living beings in science and medicine, including the discovery of blood circulation, the development of smallpox and polio vaccines, and recent research in genetics, ecology, and animal behavior. She also explores the rise of the antivivisection movement in Victorian England, the modern animal rights movement, and current debates over gene therapy and genetically engineered animals. We learn how perceptions and understandings of human and animal pain have changed; how ideas of class, race, and gender have defined the human research subject; and that the ethical values of science seldom stray far from the society in which scientists live and work. Thoroughly rewritten and updated, with new material in every chapter, the book emphasizes a broader understanding of experimentation and adds material on gene therapy, self-experimentation, and prisoners and slaves as experimental subjects. A new chapter brings the story up to the present while reflecting on the current regulatory scene, new developments in science, and emerging genomics. Experimenting with Humans and Animals offers readers a context within which to understand more fully the responsibility we all bear for the suffering inflicted on other living beings in the name of scientific knowledge. Anita Guerrini is a historian of science and medicine, recently retired as Horning Professor in the Humanities at Oregon State University, where she's been since 2008. Before that she was a professor of History and Environmental Studies at the University of California, Santa Barbara. She was educated at Connecticut College and Oxford University and received a Ph.D. in History and Philosophy of Science from Indiana University. Callie Smith is a poet and a PhD candidate in English at the University of Louisiana at Lafayette. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 16, 20221h 2m

Ep 39The Future of Data Control: A Discussion with Sarah Lamdan

A few big companies are selling information about us to governments and companies. But beyond a general sense of unease, what do we need to know about this and what do we need to do about it? Professor Sarah Lamdan gives answers to those questions in her book Data Cartels: The Companies that Control and Monopolise our Information (Stanford UP, 2022). Listen to her conversations with Owen Bennett Jones. Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 15, 202248 min

Ep 144Jeffrey Bellin, "Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover" (Cambridge UP, 2022)

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. Jeffrey Bellin's book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover (Cambridge UP, 2022) examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffery Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 15, 202235 min

Ep 92Matthew Crain, "Profit over Privacy: How Surveillance Advertising Conquered the Internet" (U Minnesota Press, 2021)

The contemporary internet's de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy: How Surveillance Advertising Conquered the Internet (U Minnesota Press, 2021), Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising. The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet's rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marshaled venture capital to develop the now-ubiquitous business model called "surveillance advertising." He draws on a range of primary resources from government, industry, and the press and highlights the political roots of internet advertising to underscore the necessity of political solutions to reign in unaccountable commercial surveillance. The dominant business model on the internet, surveillance advertising is the result of political choices--not the inevitable march of technology. Unlike many other countries, the United States has no internet privacy law. A fascinating prehistory of internet advertising giants like Google and Facebook, Profit over Privacy argues that the internet did not have to turn out this way and that it can be remade into something better. Peter C. Kunze is a visiting assistant professor of communication at Tulane University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 15, 202241 min

Ep 156Igor Shoikhedbrod, "Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights" (Palgrave Macmillan, 2021)

Is Marx relevant today, after the collapse of communism in Eastern Europe? Is Marx’s political theory compatible with individual rights? You will be surprised to learn that the answers are yes and yes. Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights (Palgrave Macmillan, 2021) offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. Igor Shoikhedbrod begins his book by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. In our discussion, the author tracks the enduring legacy of Marx’s critique of liberal justice by examining how Marx still speaks to our time. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 14, 202258 min

Ep 203Bruce W. Dearstyne, "The Crucible of Public Policy: New York Courts in the Progressive Era" (SUNY Press, 2022)

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: [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 11, 202246 min

Ep 155U.S. Determinization of Genocide in Myanmar: Part Two, What’s Next?

In March 2022 the U.S. government announced its determination that genocide was committed by the Myanmar military against Rohingya communities in Myanmar’s Rakhine State in 2017. What will this mean for the roughly one million Rohingya refugees living in neighboring countries, for Rohingya IDPs in Rakhine, and for post-coup Myanmar? In this episode, part two of a two-part series, Terese Gagnon speaks with Kyaw Zeyar Win about this long-awaited determination and the possible implications for Rohingya both within and outside post-coup Myanmar. Click here to listen to part one of the series covering the securitization of Rohingya and roots of the 2017 genocide. Kyaw Zeyar Win is a Project Coordinator at the International Republican Institute in Washington D.C. He is an expert in international relations and human rights with a focus on Myanmar. He holds a master’s in IR from the Maxwell School of Citizenship and Public Affairs at Syracuse University where he was an Open Society Fellow. He is author of the chapter “Securitization of the Rohingya in Myanmar” from the book Myanmar Transformed? People, Places and Politics. Terese Gagnon is a Postdoctoral Researcher at the University of Copenhagen and the Nordic Institute of Asian studies researching Karen food, seed, and political sovereignty. You might also be interested in these related podcasts: --Karen Sanctuaries Memory, Biodiversity and Political Sovereignty --The Politics of Protest in Myanmar --What Remains: Textiles from Tuol Sleng The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo. We aim to produce timely, topical and well-edited discussions of new research and developments about Asia. About NIAS: www.nias.ku.dk Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 11, 202220 min

Ep 166Arvind Narrain, "India's Undeclared Emergency: Constitutionalism and the Politics of Resistance" (Context, 2022)

Arvind Narrain is a lawyer and writer based in Bangalore. He is visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was a part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018. In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis. In India's Undeclared Emergency: Constitutionalism and the Politics of Resistance (Context, 2021), Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, the Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, he says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like. Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 10, 202254 min

Ep 38The Future of Rules: A Discussion with Lorraine Daston

Which rules do we obey and which ones can we find a way around? What distinctions can be drawn between rules, models to be emulated and algorithms. Lorraine Daston has published widely on the history of science, probability, scientific objectivity and observation, and many other such matters, and she has now published Rules: A Short History of What We Live By (Princeton UP, 2022). Listen to her discussion with Owen Bennett Jones about rules. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 8, 202234 min

Ep 102Can We Square the Circle? Universalism Versus Communitarianism

The political Left has long faced tension regarding its universalistic commitments and those to the nation it inhabits. The dilemma is captured succinctly in the Declaration of the Rights of Man and Citizen that articulated leftist or progressive devotion to both man in the historic collective sense of human beings, as well as to the fellow members of a particular political community at the time of the French Revolution. That older tension persists at the same time that the left has increasingly today become associated with identity politics and such phenomena. So how can the Left square this circle between universalism and its own national community? In this episode of International Horizons, Emmanuel Dalle Mulle and Ivan Serrano authors of “Universalism Within: The Tension between Universalism and Community in Progressive Ideology”, discuss the concept and importance of universalism and how it is closely related to the conception of nation-states, creating a tension of values where the clashes between educated and non-educated translate into right-wing politics. Moreover, they explain the relationship between identity politics and universalism, and how the working class has shifted within politics in Europe and the United States. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 7, 202247 min

Ep 628Andrew S. Rosenberg, "Undesirable Immigrants: Why Racism Persists in International Migration" (Princeton UP, 2022)

The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of “good character.” By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants: Why Racism Persists in International Migration (Princeton UP, 2022) challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws. In this eye-opening book, Andrew Rosenberg argues that while today’s leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that the former imperial powers and their allies now deem unfit to enter. Rosenberg shows how postcolonial states remain embedded in a Western culture that requires them to continuously perform their statehood, and how the closing and policing of international borders has become an important symbol of sovereignty, one that imposes harsher restrictions on non-White migrants. Drawing on a wealth of original quantitative evidence, Undesirable Immigrants demonstrates that we cannot address the challenges of international migration without coming to terms with the brutal history of colonialism. Andrew Rosenberg is an assistant of political science at the University of Florida. His research examines racial inequality in the international system, the politics of migration, and global inequality. His current projects empirically break down the ideologies that maintain racial inequality in international migration. His research has been published in the American Journal of Political Science, International Studies Quarterly, Political Analysis, and Security Dialogue. He holds a Ph.D. in Political Science from the Ohio State University and is originally from Des Moines, Iowa. Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at [email protected] or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 7, 202247 min

Ep 168Bree Akesson and Andrew R. Basso, "From Bureaucracy to Bullets: Extreme Domicide and the Right to Home" (Rutgers UP, 2022)

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets: Extreme Domicide and the Right to Home (Rutgers University Press, 2022) by Dr. Bree Akesson & Dr. Andrew Basso answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue. They present a typology of extreme domicide and investigate a number of historical and contemporary case studies: the Mau Mau Uprising in Kenya (1952-1960), domicide in Cyprus (1974), domicide and the Cherokee Trail of Tears (1838-1839), the occupation of Palestine (1945-present), Chechnya’s generations of domicide (1944-2009), domicide in Bosnia (1992-1995), the Syrian War (2011-present), and the Rohingya in Myanmar (2012-present). This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 4, 20221h 6m

Ep 330Christopher Stuart Taylor, "Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians" (Fernwood, 2016)

Canadians are proud of their multicultural image both at home and abroad. But that image isn t grounded in historical facts. As recently as the 1960s, the Canadian government enforced discriminatory, anti-Black immigration policies, designed to restrict and prohibit the entry of Black Barbadians and Black West Indians. The Canadian state capitalized on the public s fear of the Black unknown and racist stereotypes to justify their exclusion. In Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians (Fernwood, 2016), Christopher Stuart Taylor utilizes the intersectionality of race, gender and class to challenge the perception that Blacks were simply victims of racist and discriminatory Canadian and international, immigration policies by emphasizing the agency and educational capital of Black Barbadian emigrants during this period. In fact, many Barbadians were middle to upper class and were well educated, and many, particularly women, found autonomous agency and challenged the very Canadian immigration policies designed to exclude them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 4, 20221h 11m

Ep 220Geetanjali Srikantan, "Identifying and Regulating Religion in India: Law, History and the Place of Worship" (Cambridge UP, 2020)

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. Geetanjali Srikantan's book Identifying and Regulating Religion in India: Law, History and the Place of Worship (Cambridge UP, 2020) investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents. Raj Balkaran is a scholar, online educator, and life coach. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 3, 202223 min

Ep 1277Andrew Fitzmaurice, "King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century" (Princeton UP, 2021)

Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century (Princeton UP, 2021), Dr. Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium’s efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold’s Ghostwriter recounts Twiss’s story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife. Combining gripping biography and penetrating intellectual history, King Leopold’s Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 3, 20221h 15m

Ep 298Saba Bazargan-Forward, "Authority, Cooperation, and Accountability" (Oxford UP, 2022)

We often find ourselves acting in concert with others, where what we do together goes beyond the causal contribution of any single participant. When a collection of individuals works together in a way that results in a wrongful harm, it’s intuitive to think that each of the participants should be held accountable. Yet this intuition needs to be squared with the fact that no single individual’s contribution was causally necessary for the wrongful harm to have occurred. Hence there’s a range of views about “collective responsibility” that posit group agents and collective intentions. In Authority, Cooperation, and Accountability (Oxford UP, 2022), Saba Bazargan-Forward develops a different approach. On his view, ordinary features of human agency can be disbursed across individuals in a way that forms a division of agential labor. When such a division of labor is established, puzzles about collective responsibility can be resolved. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 1, 20221h 11m

Ep 50Max H. Bazerman, "Complicit: How We Enable the Unethical and How to Stop" (Princeton UP, 2022)

It is easy to condemn obvious wrongdoers such as Elizabeth Holmes, Adam Neumann, Harvey Weinstein, and the Sackler family. But we rarely think about the many people who supported their unethical or criminal behavior. In each case there was a supporting cast of complicitors: business partners, employees, investors, news organizations, and others. And, whether we're aware of it or not, almost all of us have been complicit in the unethical behavior of others. In Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022), Harvard Business School professor Max Bazerman confronts our complicity head-on and offers strategies for recognizing and avoiding the psychological and other traps that lead us to ignore, condone, or actively support wrongdoing in our businesses, organizations, communities, politics, and more. Complicit tells compelling stories of those who enabled the Theranos and WeWork scandals, the opioid crisis, the sexual abuse that led to the #MeToo movement, and the January 6th U.S. Capitol attack. The book describes seven different behavioral profiles that can lead to complicity in wrongdoing, ranging from true partners to those who unknowingly benefit from systemic privilege, including white privilege, and it tells the story of Bazerman's own brushes with complicity. Complicit also offers concrete and detailed solutions, describing how individuals, leaders, and organizations can more effectively prevent complicity. By challenging the notion that a few bad apples are responsible for society's ills, Complicit implicates us all--and offers a path to creating a more ethical world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 1, 202227 min

Ep 37The Future of Money Laundering: A Discussion with Oliver Bullough

How can you hide and spend billions of dollars? Many people hoping to do that go to London which is today considered the money laundering capital of the world. It’s the place where the world’s most corrupt individuals can park their money safely. How does that work? Where else does it happen and can anything be done about it? Owen Bennett Jones discusses the business of cleaning up dirty money with a journalist and author who has covered kleptocrats and their ill gotten gains for years, Oliver Bullough. He is the author of Butler to the World: How Britain Helps the World's Worst People Launder Money, Commit Crimes, and Get Away with Anything (St. Martin's Press, 2022). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nov 1, 20221h 1m

Ep 1Alejandro Anaya-Muñoz and Barbara Frey, "Mexico's Human Rights Crisis" (U Pennsylvania Press, 2019)

Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and Barbara Frey, the war on drugs launched in 2006 by President Felipe Calderón and the corrupting influence criminal organizations have on public institutions have empowered both state and nonstate actors to operate with impunity. Impunity, they argue, is the root cause that has enabled a human-rights crisis to flourish, creating a climate of generalized violence that is carried out, condoned, or ignored by the state and precluding any hope for justice. Mexico's Human Rights Crisis (U Pennsylvania Press, 2019) offers a broad survey of the current human rights issues that plague Mexico. Essays focus on the human rights consequences that flow directly from the ongoing war on drugs in the country, including violence aimed specifically at women, and the impunity that characterizes the government's activities. Contributors address the violation of the human rights of migrants, in both Mexico and the United States, and cover the domestic and transnational elements and processes that shape the current human rights crisis, from the state of Mexico's democracy to the influence of rulings by the Inter-American Court of Human Rights on the decisions of Mexico's National Supreme Court of Justice. Given the scope, the contemporaneity, and the gravity of Mexico's human rights crisis, the recommendations made in the book by the editors and contributors to curb the violence could not be more urgent. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 31, 20221h 5m

Ep 184Elizabeth F. Schwartz, "Before I Do: A Legal Guide to Marriage, Gay and Otherwise" (New Press, 2016)

Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here's the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do: A Legal Guide to Marriage, Gay and Otherwise (New Press, 2016), leading gay rights attorney Elizabeth F. Schwartz spells out the range of practical considerations any couple should address before tying the knot. She explains the rights married couples have--and those they do not. With cameos from some of the most prominent LGBTQ+ professionals, Schwartz explores all of the implications of marriage from name changes and getting a license to taxes, insurance, Social Security, and much more. Chapters on estate planning, pre- and post-nuptial agreements, and organizing finances make Before I Do a crucial handbook for anyone considering marriage--because, as Schwartz explains, just because you can get married does not mean you should. Eugenio Duarte, Ph.D. is a psychologist and psychoanalyst practicing in Miami. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 27, 202243 min

Ep 110Lynn M. Hudson, "West of Jim Crow: The Fight Against California's Color Line" (U Illinois Press, 2020)

California was born "under the shadow of slavery," writes Lynn Hudson, professor of history at the University of Illinois at Chicago. In West of Jim Crow: The Fight Against California's Color Line (U of Illinois Press, 2020), Hudson argues that despite its reputation as a land of opportunity and freedom, California's deeply racist past extended well into the twentieth century. As one Black Californian put it, the only difference between California and Mississippi was the way they were spelled. Yet, African Americans in the state nonetheless resisted Jim Crow in the West at every turn, from founding all Black communities to struggling to integrate public facilities such as swimming pools. West of Jim Crow is a fascinating look at how the myths about where Jim Crow segregation began and ended hide important truth's about segregation and discrimination's extent. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 26, 20221h 1m

Ep 42Guy Lancaster, "American Atrocity: The Types of Violence in Lynching" (U Arkansas Press, 2021)

Lynching is often viewed as a narrow form of violence: either the spontaneous act of an angry mob against accused individuals, or a demonstration of white supremacy against an entire population considered subhuman. However, in this new treatise, historian Guy Lancaster exposes the multiple forms of violence hidden beneath the singular label of lynching. Lancaster, who has written extensively on racial violence, details several lynchings of Blacks by white posses in post-Reconstruction Arkansas. Drawing from the fields of history, philosophy, cognitive science, sociology, and literary theory, and quoting chilling contemporary accounts, he argues that the act of lynching encompasses five distinct but overlapping types of violence. This new framework reveals lynching to be even more of an atrocity than previously understood: that mobs did not disregard the humanity of their victims but rather reveled in it; that they were not simply enacting personal vengeance but manifesting an elite project of subjugation. Lancaster thus clarifies and connects the motives and goals of seemingly isolated lynch mobs, embedding the practice in the ongoing enforcement of white supremacy. By interrogating the substance of lynching, American Atrocity: The Types of Violence in Lynching (U Arkansas Press, 2021) shines new light on both past anti-Black violence and the historical underpinnings of our present moment. Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 2021) and co-editor of Steeped in a Culture of Violence: Murder, Racial Injustice, and Other Violent Crimes in Texas, 1965–2020 (Texas A&M University Press, scheduled Spring 2023). Twitter: @DrBrandonJett1. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 26, 202238 min

Ep 18Ron E. Hassner, "Anatomy of Torture" (Cornell UP, 2022)

Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture (Cornell UP, 2022), Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the divide. The Inquisition's scribes recorded every torment, every scream, and every confession in the torture chamber. Their transcripts reveal that Inquisitors used torture deliberately and meticulously, unlike the rash, improvised methods used by the United States after 9/11. In their relentless pursuit of underground Jewish communities in Spain and Mexico, the Inquisition tortured in cold blood. But they treated any information extracted with caution: torture was used to test information provided through other means, not to uncover startling new evidence. Hassner's findings in Anatomy of Torture have important implications for ongoing torture debates. Rather than insist that torture is ineffective, torture critics should focus their attention on the morality of torture. If torture is evil, its efficacy is irrelevant. At the same time, torture defenders cannot advocate for torture as a counterterrorist "quick fix": torture has never located, nor will ever locate, the hypothetical "ticking bomb" that is frequently invoked to justify brutality in the name of security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 26, 20221h 27m

Ep 178Transitional Justice in Post-Communist Europe

An alienated society divided into groups and classes suspicious of one another does not pose an especially great problem for an authoritarian regime that does not legitimize itself through fair elections. In contrast, democratic institutions presuppose a consensus about obeying common “rules of the game” and rely on a culture of trust and reciprocity. For democratic consolidation, citizens must respect and participate in shared democratic institutions. For instance, they should trust courts as the final arbiters in adjudicating disputes and respect judicial decisions even if they disagree with them. They should also recognize results of elections, even if their favorite candidate loses. – Monika Nalepa, Skeletons in the Closet: Transitional Justice in Post-Communist Europe (2010) This book tackles three puzzles of pacted transitions to democracy. First, why do autocrats ever step down from power peacefully if they know that they may be held accountable for their involvement in the ancien régime? Second, when does the opposition indeed refrain from meting out punishment to the former autocrats once the transition is complete? Third, why, in some countries, does transitional justice get adopted when successors of former communists hold parliamentary majorities? Monika Nalepa argues that infiltration of the opposition with collaborators of the authoritarian regime can serve as insurance against transitional justice, making their commitments to amnesty credible. This explanation also accounts for the timing of transitional justice across East Central Europe. Nalepa supports her theory using a combination of elite interviews, archival evidence, and statistical analysis of survey experiments in Poland, Hungary, and the Czech Republic. Here are Monika’s book recommendations and links to the articles mentioned in this interview: Anne Meng’s Constraining Dictatorship: From Personalized Rule to Institutionalized Regimes; Bryn Rosenfeld’s The Autocratic Middle Class: How State Dependency Reduces the Demand for Democracy; Sergei Guriev and Daniel Treisman’s Spin Dictators: The Changing Face of Tyranny in the 21st Century; Milena Ang and Monika Nalepa’s chapter ‘What can Quantitative and Formal Models Teach us About Transitional Justice’ Monika Nalepa and Barbara Piotrowskaw’s article ‘Clean sweep or picking out the ‘bad apples’: the logic of secret police purges with evidence from Post-Communist Poland’. See also Professor Nalepa’s discussion with Miranda Melcher about her latest Cambridge University Press release - After Authoritarianism: Transitional Justice and Democratic Stability on the NBN. Monika Nalepa’s research focuses on transitional justice, parties and legislatures, and game-theoretic approaches to comparative politics. She teaches courses in game theory, comparative politics, and transitional justice at the University of Chicago. Keith Krueger lectures part-time in the Sydney Business School at Shanghai University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 25, 202258 min

Ep 16Jennifer Lillian Lodine-Chaffey, "A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England" (U Alabama Press, 2022)

Content Warning: discussion of execution gets a bit gruesome. Jennifer Lodine-Chaffey, A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England (University of Alabama Press, 2022) provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part of the execution spectacle-one used to assess the victim's proper acceptance of death and godly repentance-was the final speech offered at the foot of the gallows or before the pyre. To ensure that their words on the scaffold held value for audiences, women adopted conventionally gendered language and positioned themselves as subservient and modest. Just as important as their words, though, were the depictions of women's bodies. Drawing on a wide range of genres, from accounts of martyrdom to dramatic works, this study explores not only the words of women executed in Tudor and Stuart England, but also the ways that writers represented female bodies as markers of penitence or deviance. The reception of women's speeches, Jennifer Lodine-Chaffey argues, depended on their performances of accepted female behaviors and words as well as physical signs of interior regeneration. Indeed, when women presented themselves or were represented as behaving in stereotypically feminine and virtuous ways, they were able to offer limited critiques of their fraught positions in society. The first part of this study investigates the early modern execution, including the behavioral expectations for condemned individuals, the medieval tradition that shaped the ritual, and the gender specific ways English authorities legislated and carried out women's executions. Depictions of the female body are the focus of the second part of the book. The executed woman's body, Lodine-Chaffey contends, functioned as a text, scrutinized by witnesses and readers for markers of innocence or guilt. These signs, though, were related not just to early modern ideas about female modesty and weakness, but also to the developing martyrdom tradition, which linked bodies and behavior to inner spiritual states. While many representations of women focused on physical traits and behaviors coded as godly, other accounts highlighted the grotesque and bestial attributes of women deemed unrepentant or evil. Part Three considers the rhetorical strategies used by women and their authors, highlighting the ways that women positioned themselves as stereotypically weak in order to defuse criticism of their speeches and navigate their positions in society, even when awaiting death on the scaffold. The greater focus on the words and bodies of women facing execution during this period, Lodine-Chaffey argues, became a catalyst for a more thorough interest in and understanding of women's roles not just as criminals but as subjects. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 25, 202240 min

Ep 173Lucy Series, "Deprivation of Liberty in the Shadows of the Institution" (Bristol UP, 2022)

Dr Lucy Series Deprivations of Liberty in The Shadows of the Institution (Bristol University Press, 2022) is one that I have long been looking forward to reading, and it did not disappoint. Series provides a rich historical and socio-legal context to bring new understanding of the post-carceral era, and the legacies of the institutions which continue to shape the contemporary era of social care detention. She provides an in-depth analysis of the very odd legal landscape that has been imported into the British care system, to draw out the specific logics, locus and temporality of a complex social problem, for which the legal solution has produced anomalous results. Her key concern goes beyond bringing new understanding of the ways that individuals are regulated and controlled. Crucially, Series delves into what we should be aiming for. Dr Lucy Series is a lecturer in the school for policy studies at the University of Bristol. She also writes a fabulous blog, The Small Places. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 24, 20221h 2m

Ep 140Robert Hutchinson, "After Nuremberg: American Clemency for Nazi War Criminals" (Yale UP, 2022)

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 24, 202257 min

Ep 2Larisa Kingston Mann, "Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022)

In this episode, our host Mariela Morales Suárez discusses the book Rude Citizenship: Jamaican Popular Music, Copyright, and the Reverberations of Colonial Power (UNC Press, 2022) by Dr. Larisa Kingston Mann. You’ll hear about: Dr. Mann’s intellectual trajectory and how she became interested in the topic of copyright in Jamaican popular music; The concept of “rude citizenship” through the Jamaican music world; What it means to be “original” from the perspective of copyrights, language, and diverse modes of cultural production in Jamaica; Dr. Mann’s writing process as a form of translation from fieldwork notes, archival materials, and music contents into ethnography; How to make the classroom a meaningful pedagogical space by learning from marginal voices and practices; What constitutes the exilic spaces, namely, the reimagining of marginalized spaces as sites of agency and sovereignty through music and cultural production; The transnational networks of the local music production in Jamaica and global flows of sonic resistance, especially during COVID-19. About the book In this deep dive into the Jamaican music world filled with the voices of creators, producers, and consumers, Larisa Kingston Mann—DJ, media law expert, and ethnographer—identifies how a culture of collaboration lies at the heart of Jamaican creative practices and legal personhood. Because many working-class and poor people are cut off from the full benefits of citizenship on the basis of race, class, and geography, Jamaican music spaces are an important site of social commentary and political action in the face of the state’s limited reach and neglect of social services and infrastructure. Music makers organize performance and commerce in ways that defy, though not without danger, state ordinances and intellectual property law and provide poor Jamaicans avenues for self-expression and self-definition that are closed off to them in the wider society. In a world shaped by coloniality, how creators relate to copyright reveals how people will play outside, within, and through the limits of their marginalization. You can find this book on the University of North Carolina Press website. Author: Larisa Kingston Mann is Assistant Professor in the Department of Media Studies and Production at Temple University (PA, USA). Host: Mariela Morales Suárez is a doctoral candidate at the Annenberg School for Communication at the University of Pennsylvania where she specializes in transnational media flows, technological appropriations, diasporic identity formation, and popular culture. Editor & Producer: Jing Wang. She is Senior Research Manager at CARGC at the Annenberg School for Communication, University of Pennsylvania. Our podcast is part of the multimodal project powered by the Center for Advanced Research in Global Communication (CARGC) at the Annenberg School for Communication at the University of Pennsylvania. At CARGC, we produce and promote critical, interdisciplinary, and multimodal research on global media and communication. We aim to bridge academic scholarship and public life, bringing the very best scholarship to bear on enduring global questions and pressing contemporary issues. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 24, 20221h 1m

Ep 8Elsa Sjunneson, "Being Seen: One Deafblind Woman's Fight to End Ableism" (Simon Element, 2021)

As a deafblind woman with partial vision in one eye and bilateral hearing aids, Elsa Sjunneson lives at the crossroads of blindness and sight, hearing and deafness--much to the confusion of the world around her. While she cannot see well enough to operate without a guide dog or cane, she can see enough to know when someone is reacting to the visible signs of her blindness and can hear when they're whispering behind her back. And she certainly knows how wrong our one-size-fits-all definitions of disability can be. As a media studies professor, she's also seen the full range of blind and deaf portrayals on film, and here she deconstructs their impact, following common tropes through horror, romance, and everything in between. Part memoir, part cultural criticism, part history of the Deafblind experience, Being Seen: One Deafblind Woman's Fight to End Ableism (Simon Element, 2021) explores how our cultural concept of disability is more myth than fact, and the damage it does to us all. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 20, 202251 min

Ep 324Josh Bowsher, "The Informational Logic of Human Rights" (Edinburgh UP, 2022)

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 19, 202250 min

Ep 625Peace A. Medie, "Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa" (Oxford UP, 2020)

In Global Norms and Local Action: The Campaigns to End Violence against Women in Africa (Oxford UP, 2020), Peace A. Medie studies the domestic implementation of international norms by examining how and why two post-conflict states in Africa, Liberia and Côte d'Ivoire, have differed in their responses to rape and domestic violence. Specifically, she looks at the roles of the United Nations and women's movements in the establishment of specialized criminal justice sector agencies, and the referral of cases for prosecution. She argues that variation in implementation in Liberia and Côte d'Ivoire can be explained by the levels of international and domestic pressures that states face and by the favorability of domestic political and institutional conditions. Medie's study is based on interviews with over 300 policymakers, bureaucrats, staff at the UN and NGOs, police officers, and survivors of domestic violence and rape — an unprecedented depth of research into women's rights and gender violence norm implementation in post-conflict countries. Furthermore, through her interviews with survivors of violence, Medie explains not only how states implement anti-rape and anti-domestic violence norms, but also how women experience and are affected by these norms. She draws on this research to recommend that states adopt a holistic approach to addressing violence against women. Peace A. Medie is an award-winning scholar and a writer. She is associate professor in politics at the University of Bristol. She studies state and non-state actors’ responses to gender-based violence and other forms of insecurity in countries in Africa. She is author of ‘Global Norms and Local Action: The Campaigns to End Violence Against Women in Africa’ (OUP 2020). Her debut novel, His Only Wife, was a New York Times Notable Book of 2020 and a Time Magazine Must-Read Book of 2020. Her second novel, Nightbloom, will be published in June 2023. Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at [email protected] or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 17, 20221h 2m

Ep 49Kimberly Kay Hoang, "Spiderweb Capitalism: How Global Elites Exploit Frontier Markets" (Princeton UP, 2022)

In 2015, the anonymous leak of the Panama Papers brought to light millions of financial and legal documents exposing how the superrich hide their money using complex webs of offshore vehicles. Spiderweb Capitalism: How Global Elites Exploit Frontier Markets (Princeton UP, 2022) takes you inside this shadow economy, uncovering the mechanics behind the invisible, mundane networks of lawyers, accountants, company secretaries, and fixers who facilitate the illicit movement of wealth across borders and around the globe. Kimberly Kay Hoang traveled more than 350,000 miles and conducted hundreds of in-depth interviews with private wealth managers, fund managers, entrepreneurs, C-suite executives, bankers, auditors, and other financial professionals. She traces the flow of capital from offshore funds in places like the Cayman Islands, Samoa, and Panama to special-purpose vehicles and holding companies in Singapore and Hong Kong, and how it finds its way into risky markets onshore in Vietnam and Myanmar. Hoang reveals the strategies behind spiderweb capitalism and examines the moral dilemmas of making money in legal, financial, and political gray zones. Dazzlingly written, Spiderweb Capitalism sheds critical light on how global elites capitalize on risky frontier markets, and deepens our understanding of the paradoxical ways in which global economic growth is sustained through states where the line separating the legal from the corrupt is not always clear. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 17, 202242 min

Ep 35Sherry Boschert, "37 Words: Title IX and Fifty Years of Fighting Sex Discrimination" (New Press, 2022)

A sweeping history of the federal legislation that prohibits sex discrimination in education, published on the fiftieth anniversary of Title IX. “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” —Title IX’s first thirty-seven words By prohibiting sex discrimination in federally funded education, the 1972 legislation popularly known as Title IX profoundly changed the lives of women and girls in the United States, accelerating a movement for equal education in classrooms, on sports fields, and in all of campus life. Sherry Boschert's book 37 Words: Title IX and Fifty Years of Fighting Sex Discrimination (New Press, 2022) is the story of Title IX. Filled with rich characters—from Bernice Resnick Sandler, an early organizer for the law, to her trans grandchild—the story of Title IX is a legislative and legal drama with conflicts over regulations and challenges to the law. It’s also a human story about women denied opportunities, students struggling for an education free from sexual harassment, and activists defying sexist discrimination. These intersecting narratives of women seeking an education, playing sports, and wanting protection from sexual harassment and assault map gains and setbacks for feminism in the last fifty years and show how some women benefit more than others. Award-winning journalist Sherry Boschert beautifully explores the gripping history of Title IX through the gutsy people behind it. In the tradition of the acclaimed documentary She’s Beautiful When She’s Angry, 37 Words offers a crucial playbook for anyone who wants to understand how we got here and who is horrified by current attacks on women’s rights. Jane Scimeca is Professor of History at Brookdale Community College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 14, 20221h 14m

Ep 51P. E. Caquet, "Opium's Orphans: The 200-Year History of the War on Drugs" (Reaktion Books, 2022)

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 [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 12, 20221h 3m

Ep 13E. Amanda McVitty, "Treason and Masculinity in Medieval England: Gender, Law and Political Culture" (Boydell Press, 2020)

Treason and Masculinity in Medieval England: Gender, Law and Political Culture (Boydell Press, 2020) by Dr. E. Amanda McVitty presents a groundbreaking new approach to the idea of treason in medieval England, showing the profound effect played by gender. Conflicts over treason tormented English political society in the later Middle Ages. As legal and political historians have shown, treason was always a constitutional matter as well as a legal one because it was pivotal in mediating the relationship between English kings, their political subjects and the abstraction of the crown. However, despite renewed interest in constitutional history, there has been no extended examination of treason in medieval England since the 1970s. This pioneering study presents a new interpretation of treason, not only as a legal construct, a political weapon and a tool for constitutional thinking, but also as a cultural category, aligning it with questions of gender, vernacularity and national identity. It examines cases from the 1380s to the 1420s, revealing how kings defended their claims to sovereign authority by using the laws of treason to bind their mortal male bodies to the enduring body politic of the realm, and explains how that body politic was masculinised through its entanglement in contests over manly honour and homosocial loyalties. Drawing on evidence from trial records, legislation and chronicles, Dr. McVitty illuminates the ways in which cultural ideals of manhood reinforced or subverted government responses to crises of legitimacy, and demonstrates that gender conditioned understandings of treason in the political arena as well as the definitions embedded in statutes and case law. At the same time, it explores the varied ways men defended themselves from accusations of treason by invoking, and in the process helping to transform, shared beliefs about what it meant to be a man in medieval England. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 12, 20221h 14m

Ep 169Suzana Sawyer, "The Small Matter of Suing Chevron" (Duke UP, 2022)

In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron (Duke University Press, 2022) Dr. Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an environmental liability, then a racketeering scheme, and then a breach of treaty. Holding the paradoxes of complicity in suspension, Dr. Sawyer deftly demonstrates how crude matters, technoscience, and liberal legality configure how risk and reward, deprivation and disavowal, suffering and surfeit become legally and unevenly distributed. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 12, 20221h 26m

Ep 170Andrew Porwancher et al., "The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy" (UP of Kansas, 2022)

Though relatively short, the 2022 book The Prophet of Harvard Law: James Bradley Thayer and His Legal Legacy (UP of Kansas, 2022) by Andrew Porwancher, Austin Coffey, Taylor Jipp, and Jake Mazeitis, is jam-packed with information about late 19th and early 20th Century legal history and the professionalization of American legal education. This is a moving tale of a professor whose acolytes included some of the giants of American jurisprudence (e.g., the judges and justices Oliver Wendell Holmes, Louis Brandeis, Learned Hand and the legal scholars John Henry Wigmore and Roscoe Pound). Even those not directly taught by Thayer, such as Felix Frankfurter, lauded him as an intellectual influence. You may be thinking, “Why should I take the time to read a book about a long-dead Harvard law professor?” Well, because many of the issues that James Bradley Thayer (1831-1902) and his students grappled with have shaped almost every encounter Americans have with the law and affect our rights from the workplace to the schoolroom to the courtroom. Thayer and Wigmore, for example, did pioneering work on the laws of evidence. Hand did the same on the topic of expert testimony. Holmes and Thayer thrashed out the meaning of the word “presumption” as it was used in trials. And on a grander scale, Holmes, Brandeis, and Hand were trained as thinkers on Constitutional law by Thayer. We could all do with a primer on what “living constitutionalism” is, for example. The book is also valuable for its contributions to the field of the history of education and will benefit those researching the development of professional associations and the transformation of universities like Harvard from small liberal arts institutions into major research universities. This is social history at its best. We read about how Thayer attracted bright young men from across the country who applied what they learned under their beloved mentor once they left Harvard and took up posts elsewhere (as Wigmore did as dean at Northwestern Law School) and/or played key roles in major legal cases in the Progressive Era and beyond. Economics. Labor Law. Free speech. They’re all here. And “beloved” is not too strong a word for the way these titans of American law regarded Thayer. Early career academics in any field who need a role model of a dedicated teacher could do worse than study the life of James Bradley Thayer. He was the subject of admiration and gratitude decades later by influential men who credited him with providing moral support and practical help when they were first starting out and for setting a standard of learning and hard work that they applied in their judicial and academic careers. Thayer was a networker and mentor par excellence. The book is interesting in itself apart from its subject in that it is a joint work by a professor (Andrew Porwancher) and three of his former students. That is a project worthy of note and something Thayer would almost certainly have endorsed, given how closely he worked with his students when they were at Harvard and, in many cases, for years afterward. It is no exaggeration to say that our lives today were affected by the active law-related personal correspondence between Thayer and his men. Let’s hear from Professor Porwancher about what might be called the Thayer Effect and what co-authorship with students entails. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 10, 20221h 19m

Ep 171M. Margaret McKeown, "Citizen Justice: The Environmental Legacy of William O. Douglas" (Potomac Books, 2022)

U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, even if he is often remembered for his four wives, as a potential vice-presidential nominee, as a target of impeachment proceedings, and for his tenure as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment. Douglas was the spiritual heir to early twentieth-century conservation pioneers such as Teddy Roosevelt and John Muir. His personal spiritual mantra embraced nature as a place of solitude, sanctuary, and refuge. Caught in the giant expansion of America's urban and transportation infrastructure after World War II, Douglas became a powerful leader in forging the ambitious goals of today's environmental movement. And, in doing so, Douglas became a true citizen justice. In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues with his colleagues. He became a national figure through his books, articles, and speeches warning against environmental dangers. Douglas organized protest hikes to leverage his position as a national icon, he lobbied politicians and policymakers privately about everything from logging to highway construction and pollution, and he protested at the Supreme Court through his voluminous and passionate dissents. Douglas made a lasting contribution to both the physical environment and environmental law--with trees still standing, dams unbuilt, and beaches protected as a result of his work. His merged roles as citizen advocate and justice also put him squarely in the center of ethical dilemmas that he never fully resolved. M. Margaret McKeown's Citizen Justice: The Environmental Legacy of William O. Douglas (Potomac Books, 2022) elucidates the why and how of these tensions and their contemporary lessons against the backdrop of Douglas's unparalleled commitment to the environment. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 10, 202254 min

Ep 168René Provost, "Rebel Courts: The Administration of Justice by Armed Insurgents" (Oxford UP, 2021)

Warzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts: The Administration of Justice by Armed Insurgents (Oxford University Press, 2021) by Dr. Réne Provost offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 6, 20221h 29m

Ep 321Mark Neocleous, "A Critical Theory of Police Power: The Fabrication of the Social Order" (Verso, 2021)

A Critical Theory of Police Power: The Fabrication of Social Order (Verso, 2021) offers a critical look at policing and the power of the state, examining the relationship between our ideas of order and wider social and political issues. First published in 2000, this new edition of Mark Neocleous' influential book features a new introduction which helpfully situates this ever-relevant text in the context of contemporary struggles over police and policing. Neocleous argues for an expanded concept of police, able to account for the range of institutions through which policing takes place. These institutions are concerned not just with the maintenance and reproduction of order, but with its very fabrication, especially the fabrication of a social order founded on wage labour. By situating the police power in relation to both capital and the state and at the heart of the politics of security, the book opens up into an understanding of the ways in which the state administers civil society and fabricates order through law and the ideology of crime. The discretionary violence of the police on the street is thereby connected to the wider administrative powers of the state, and the thud of the truncheon to the dull compulsion of economic relations. Content warning: the last 2 minutes of the interview include a brief discussion of Mark's current work on suicide. Listeners who enjoyed this interview may enjoy my recent interviews with Mark on his most recent book The Politics of Immunity, with undercover police ("Spycop") victims Helen Steel and Alison about Deep Deception, and with counterterrorism scholar Rizwaan Sabir about The Suspect. Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021). Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 5, 202256 min

Ep 623Monika Nalepa, "After Authoritarianism: Transitional Justice and Democratic Stability" (Cambridge UP, 2022)

Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime. After Authoritarianism: Transitional Justice and Democratic Stability (Cambridge University Press, 2022) by Dr. Monika Nalepa analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Oct 5, 202252 min

Ep 1270Noah Shusterman, "Armed Citizens: The Road from Ancient Rome to the Second Amendment" (U Virginia Press, 2020)

Although much has changed in the United States since the eighteenth century, our framework for gun laws still largely relies on the Second Amendment and the patterns that emerged in the colonial era. America has long been a heavily armed, and racially divided, society, yet few citizens understand either why militias appealed to the Founding Fathers or the role that militias played in North American rebellions, in which they often functioned as repressive--and racist--domestic forces. Armed Citizens: The Road from Ancient Rome to the Second Amendment (U Virginia Press, 2020) begins and ends with the statement that the Second Amendment no longer makes sense. Noah Shusterman then sets about proving this point with a chronological journey to the Second Amendment. While that might seem a clear and straight-froward path, it starts in an unexpected place and time: Italy over 2,000 years ago with stops in France and England, but it gets to what will become the United States of America. In many ways this is an Atlantic history of the Second Amendment. Armed Citizens works in several different genres of history, including intellectual and political. The book also engages the history of race, racism, and white supremacy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 30, 20221h 23m

Ep 167Kermit Roosevelt III, "The Nation That Never Was: Reconstructing America's Story" (U Chicago Press, 2022)

There's a common story we tell about America: that our fundamental values as a country were stated in the Declaration of Independence, fought for in the Revolution, and made law in the Constitution. But, with the country increasingly divided, this story isn't working for us anymore--what's more, it's not even true. As Kermit Roosevelt argues in this eye-opening reinterpretation of the American story, our fundamental values, particularly equality, are not part of the vision of the Founders. Instead, they were stated in Lincoln's Gettysburg Address and were the hope of Reconstruction, when it was possible to envision the emergence of the nation committed to liberty and equality. We face a dilemma these days. We want to be honest about our history and the racism and oppression that Americans have both inflicted and endured. But we want to be proud of our country, too. In The Nation That Never Was: Reconstructing America's Story (U Chicago Press, 2022), Roosevelt shows how we can do both those things by realizing we're not the country we thought we were. Reconstruction, Roosevelt argues, was not a fulfillment of the ideals of the Founding but rather a repudiation: we modern Americans are not the heirs of the Founders but of the people who overthrew and destroyed that political order. This alternate understanding of American identity opens the door to a new understanding of ourselves and our story, and ultimately to a better America. America today is not the Founders' America, but it can be Lincoln's America. Roosevelt offers a powerful and inspirational rethinking of our country's history and uncovers a shared past that we can be proud to claim and use as a foundation to work toward a country that fully embodies equality for all. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 29, 20221h 0m

Ep 44James Bessen, "The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation" (Yale UP, 2022)

In The New Goliaths: How Corporations Use Software to Dominate Industries, Kill Innovation, and Undermine Regulation (Yale UP, 2022), James Bessen explores the idea of how software can actually slow innovation. He makes the case that big companies in one industry after another have built "complex" software systems for managing their sales, marketing, operations and product offerings that are essentially moats against competitors. This mastery of software by major corporations, he argues, helps explain the "myth of disruptive innovation", rising economic concentration, increasing inequality and slowing innovation. James Bessen, an economist and technologist, serves as Executive Director of the Technology & Policy Research Initiative at Boston University School of Law. He has also been a successful innovator and CEO of a software company. His profile in the New York Times is here. Bernardo Batiz-Lazo is currently straddling between Newcastle and Mexico City. You can find him on twitter on issues related to business history of banking, fintech, payments and other musings. Not always in that order. @BatizLazo Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 29, 202245 min

Ep 161Chitranshul Sinha, "The Great Repression: The Story of Sedition in India" (India Viking, 2019)

Chitranshul Sinha is an advocate on record of the Supreme Court of India and a partner in Dua Associates, Advocates and Solicitors, who primarily practises in the courts of New Delhi. He occasionally writes articles for leading publications on topics related to law. The Indian Penal Code was formulated in 1860, three years after the first Indian revolt for independence. It was the country's first-ever codification of offences and penalties. But it was only in 1870 that Section 124A was slipped into Chapter VI ('Of Offences against the State'), defining the offence of 'Sedition' in a statute for the first time in the history of common law. When India became independent in 1947, the Constituent Assembly expressed strong reservations against sedition as a restriction on free speech as it had been used as a weapon against freedom fighters, many of whom were a part of the Assembly. Nehru vocally opposed it. And yet, not only has Section 124A survived, it has been widely used against popular movements and individuals speaking up against the establishment. Where did this law come from? How did it evolve? And what place does it have in a mature democracy? Concise, incisive and thoughtful, The Great Repression: The Story of Sedition in India (India VIking, 2019) by Chitranshul Sinha tells the story of this outdated colonial-era law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 27, 202244 min

Ep 325Charles L. Chavis Jr., "The Silent Shore: The Lynching of Matthew Williams and the Politics of Racism in the Free State" (Johns Hopkins UP, 2022)

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 [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 22, 202239 min

Ep 50Keri Blakinger, "Corrections in Ink: A Memoir" (St. Martin's Press, 2022)

Corrections in Ink (St. Martin's Press, 2022) is an electric and unforgettable memoir about a young woman's journey-from the ice rink, to addiction and a prison sentence, to the newsroom-emerging with a fierce determination to expose the broken system she experienced. An elite, competitive figure skater growing up, Keri Blakinger poured herself into the sport, even competing at nationals. But when her skating partnership ended abruptly, her world shattered. With all the intensity she saved for the ice, she dove into self-destruction. Then, on a cold day during Keri's senior year, the police stopped her. Caught with a Tupperware container full of heroin, she was arrested and ushered into a holding cell, a county jail, and finally into state prison. There, in the cruel "upside down," Keri witnessed callous conditions and encountered women from all walks of life-women who would change Keri forever. Two years later, Keri walked out of prison sober and determined to make the most of the second chance she was given-an opportunity impacted by her privilege as a white woman. She scored a local reporting job and eventually moved to Texas, where she started covering nothing other than: prisons. Now, over her career as an award-winning journalist, she has dedicated herself to exposing the broken system as only an insider could. Not just a story about getting out and getting off drugs, this rich memoir is about finding redemption within yourself, as well as from the outside world, and the power of second chances. Keri Blakinger is a staff reporter for The Marshall Project, an online news source about the criminal justice system. Her Twitter handle is @keribla. Joel Tscherne is an Adjunct History Professor at Southern New Hampshire University. His Twitter handle is @JoelTscherne. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 22, 20221h 0m

Ep 166David Enrich, "Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice" (Mariner Books, 2022)

In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of "Big Law" and the nearly unchecked influence these firms wield to shield the wealthy and powerful--and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world's largest law firms. Jones Day's narrative arc--founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics--is a powerful encapsulation of the changes that have swept the legal industry in recent decades. Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)--and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump's Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election. But the Trump work is but one chapter in the firm's checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world's worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally. In Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice (Mariner Books, 2022), Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sep 21, 20221h 3m