New Books in Law

As the 1974 school year began, Wayne Woodward was a beloved high school teacher in a rural Texas town. By the following spring, he was embroiled in a local political firestorm that would ultimately cost him his job. Woodward's sin was, in his own words, naively trying to found a chapter of the ACLU in his Hereford, Texas community. In You Will Never Be One of Us: A Teacher, A Texas Town, and the Rural Roots of Radical Conservatism (University of Oklahoma Press, 2022) West Texas A&M Professor Timothy Bowman tells the remarkable story of Woodward's teaching career, his fight over the ACLU chapter, and the nationally-covered wrongful termination trial that followed. Woodward's story casts shifts the story of American conservatism away from the suburbs and toward rural places like Hereford, where local frontier identities helped create distrust of outsiders and a strong streak of libertarianism. The central question of the book is one of human behavior: why otherwise average Americans would work so hard to run an idealistic young person and beloved teacher out of town? The answer has everything to do with Mexican immigration, labor unrest, and the roiling culture wars, and speaks directly to our present political moment. Timothy Paul Bowman is Associate Professor of History and Chair of the Department of History at West Texas A&M University in Canyon and the author of Blood Oranges: Colonialism and Agriculture in the South Texas Borderlands. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohan J. Alva is a counsel practicing in the Supreme Court of India. He earned his LLM from Harvard Law School, where he focused on constitutional law, which he read for on numerous scholarships including as a Tata Scholar and on a Harvard Law School Scholarship. Prior to starting his counsel practice, he was a professor at Jindal Global Law School, where he was awarded the Excellence in Research Award. He has also been Visiting Faculty at NLSIU, Bengaluru. His writings have been published in internationally respected journals including Statute Law Review (Oxford University Press), and Hong Kong Law Journal. Alva's first book Liberty After Freedom: A History of Article 21, Due Process and the Constitution of India (HarperCollins India, 2022) explores the origins of what is today considered the most important fundamental right in the Indian Constitution - the right to life and personal liberty guaranteed by Article 21. This is the article which in recent years made the right to privacy as well as the decriminalization of homosexuality possible. Without a doubt, Article 21 has had the most outsized influence on the progressive development of rights in India. But the story of how this important right was birthed is deeply controversial and its passage in the Constituent Assembly divided opinion like no other feature of the Constitution. Liberty After Freedom explores the intellectual beginnings of this paramount fundamental right in an attempt to decode and unravel the controversies which raged at the time the Constitution was being crafted. Written in lucid prose and drawing extensively on the Constituent Assembly debates as well as a wide array of scholarly literature, it questions long-held beliefs and sheds new and important light on the fraught history of due process and Article 21. It is an indispensable book for the legal community and for everyone interested in the genesis of the Constitution. Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). In Disability Rights and Religious Liberty in Education: The Story Behind Zobrest V. Catalina Foothills School District (U Illinois Press, 2020), Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty. D​​​​avid A. Gerber taught American History at the University at Buffalo (SUNY) from 1971 to his retirement in 2012. He was founding Director of the Center for Disability Studies at UB, and served in that capacity from 2009 through 2012. His interests in History have been grown over the course of years to encompass manifestations of personal and social identity in a wide variety of groups and individuals including during the course of his career: African Americans; American Jews; American Catholics; European immigrants, and people with disabilities. Bruce Dierenfield has long been interested in the history of American race relations, and has written a popular textbook on the civil rights movement and another on African-American leadership since enslavement. As Peter Canisius Distinguished Teaching Professor, Dierenfield organized the “African-American Experience,” led student trips to West Africa and the Deep South, and invited distinguished historians and many influential activists of the 1960s to speak on campus Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Science plays a substantial, though under-acknowledged, role in shaping popular understandings of rape. Statistical figures like “1 in 4 women have experienced completed or attempted rape” are central for raising awareness. Yet such scientific facts often become points of controversy, particularly as conservative scholars and public figures attempt to discredit feminist activists. Rape by the Numbers: Producing and Contesting Scientific Knowledge about Sexual Violence (Rutgers University Press, 2021) by Dr. Ethan Czuy Levine explores scientists’ approaches to studying rape over more than forty years in the United States and Canada. In addition to investigating how scientists come to know the scope, causes, and consequences of rape, this book delves into the politics of rape research. Scholars who study rape often face a range of social pressures and resource constraints, including some that are unique to feminized and politicized fields of inquiry. Collectively, these matters have far-reaching consequences. Scientific projects may determine who counts as a potential victim/survivor or aggressor in a range of contexts, shaping research agendas as well as state policy, anti-violence programming and services, and public perceptions. Social processes within the study of rape determine which knowledges count as credible science, and thus who may count as an expert in academic and public contexts. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Life Worth Living: Disability, Pain, and Morality (U Minnesota Press, 2022) investigates the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Building on decades of activism and scholarship, Joel Michael Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires. More than 2,000 years ago, Aristotle said: "let there be a law that no deformed child shall live." This idea is alive and well today. During the past century, Supreme Court Justice Oliver Wendell Holmes Jr. argued that the United States can forcibly sterilize intellectually disabled women and philosopher Peter Singer argued for the right of parents to euthanize certain cognitively disabled infants. The Life Worth Living explores how and why such arguments persist by investigating the exclusion of and discrimination against disabled people across the history of Western moral philosophy. Joel Michael Reynolds argues that this history demonstrates a fundamental mischaracterization of the meaning of disability, thanks to the conflation of lived experiences of disability with those of pain and suffering. Building on decades of activism and scholarship in the field, Reynolds shows how longstanding views of disability are misguided and unjust, and he lays out a vision of what an anti-ableist moral future requires. The Life Worth Living is the first sustained examination of disability through the lens of the history of moral philosophy and phenomenology, and it demonstrates how lived experiences of disability demand a far richer account of human flourishing, embodiment, community, and politics in philosophical inquiry and beyond. Joel Michael Reynolds is an Assistant Professor of Philosophy and Disability Studies at Georgetown University, Senior Research Scholar in the Kennedy Institute of Ethics, Senior Bioethics Advisor to The Hastings Center, Faculty Scholar of The Greenwall Foundation, and core faculty in Georgetown’s Disability Studies Program. He is the founder of The Journal of Philosophy of Disability and co-founder of Oxford Studies in Disability, Ethics, and Society from Oxford University Press. Dr. Reynolds’ work explores the relationship between bodies, values, and society. He is especially concerned with the meaning of disability, the issue of ableism, and how philosophical inquiry into each might improve the lives of people with disabilities and the justness of institutions ranging from medicine to politics. These concerns lead to research across a range of traditions and specialties, including philosophy of disability, applied ethics (especially biomedical ethics, public health ethics, tech/data ethics, and ELSI research in genomics), 20th c. European and American philosophy (with an emphasis on phenomenology and pragmatism as practiced in connection with the history of philosophy), and social epistemology (particularly issues of epistemic injustice as linked to social ontology). Autumn Wilke works in higher education as an ADA coordinator and diversity officer and is also an author and doctoral candidate with research/topics related to disability and higher education. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Eric Posner about his book How Antitrust Failed Workers (Oxford UP, 2021). When anti-trust cases are brought forward, typically they involve monopolies exercising undue power in regards to products or services. Rarely do labor issues get the same treatment. Reasons vary from the previous power of unions, to the expense and risk of going to trial, to whether the potential for unfair, uncompetitive practices get scrutinized at all. Posner points in this episode to why the laws may need strengthening. Issues include stagnant wages, and the use and abuse of non-poaching, non-complete and arbitration clauses in the contracts that workers sign. Add in the practice of gig workers and rising inequality issues related to household wealth, and you can’t find a more timely topic than this one. Eric Posner is a professor of Law at the University of Chicago. He’s currently on leave and working for the Anti-Trust Division of the U.S. Justice Department. (Note that his views do not necessarily reflect those of the Justice Department.) Two previous books by Posner were each separately chosen as a book of the year in 2018, one by The Economist and the other by The Financial Times. Dan Hill, PhD, is the author of ten books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). His newest book is Emotionomics 2.0: The Emotional Dynamics Underlying Key Business Goals. To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Remdesivir and Hydroxycloroquin there was Tamiflu. To prepare for Swine Flu and Bird Flu, governments spent billions stockpiling this drug called Tamiflu. You’d think governments used the best evidence-based advice, but the story of Tamiflu raises questions about how money shaped the process. On this episode of Cited, Darts and Letters predecessor, we open up the black box of pharmaceutical and public health expertise. We tell the story of a drug, from its days as middling flu treatment through its meteoric rise to international blockbuster. How do experts decide what makes a good drug, and how do pharmaceutical companies make billions from pandemic panic? —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

According to political philosopher Ryan T. Anderson and journalist Alexandra DeSantis, abortion harms everything it touches. It is an act of lethal violence against a child and leaves many women with lifelong regret and feelings of guilt and loss. Far from empowering women, abortion has reduced privileged women to serving as economic drudges to abortion-friendly corporations. “Pro-choice” culture pressures poor and minority women to regard abortion as liberating and presents childbearing as against their interests. These are some of the arguments in Anderson and DeSanctis’ book, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery Publishing, 2022). This is an unabashedly pro-life book. It portrays abortion—from what happens to the child and mother during an abortion to the way that the pro-abortion jurisprudence of the Roe Era of 1973-2022 led even supposedly conservative Supreme Court justices to misread the Constitution. The authors argue that pro-abortion legal arguments have ranged from calling the child in the womb “a potential life” and treating abortion as a mostly medical issue and privacy matter (in Roe) and then an economic justice and gender equality issue (in Planned Parenthood v. Casey) to now a matter of convenience sans any moral discussion at all. The book makes clear why millions of pro-life activists spent decades fighting to end Roe and how they are now gearing up to assist the mothers and children who will face life together in a post-Roe world. The authors call for the entire country to pull together to create a pro-life, pro-family society in which the laws governing abortion or outlawing it entirely have now been returned to the states and the people. Today we will talk to one of the co-authors of the book, Alexandra DeSanctis. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Blame seems both morally necessary and morally dicey. Necessary, because it appears to be a central part of holding others to account for wrongdoing. Dicey, because – in its standard forms – blame involves the expression of anger and aims to harm its target. What’s more, our blaming practices appear to presuppose a kind of freewill that some argue is implausible. In any case, we are aware of the ways in which blaming can go wrong. Are we ever justified in blaming others? In The Problem of Blame: Making Sense of Moral Anger (Cambridge University Press 2022), Kelly McCormick defends blame. She develops a novel theory of how agents can deserve a certain kind of blame and answers a range of skeptical views that hold that, as the relevant concept of desert should be jettisoned, no one deserves blame. Along the way, McCormick introduces a range of insightful methodological considerations that help us navigate the debate. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era. Lee C. Bollinger became Columbia University's 19th president in 2002 and is the longest-serving Ivy League president. He is also Columbia's first Seth Low Professor of the University, and a member of the Law School faculty. Geoffrey R. Stone is the Edward H. Levi Distinguished Service Professor at the University of Chicago. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Though human rights monitors talk of fact-finding missions and reports, human rights facts are, like all social phenomena, not in fact found but made — through processes by which we come to know and talk about them. But how exactly does that happen? And how, by attending to these processes, might we arrive at a more robust understanding of human rights facts? These are the kinds of questions animating Ken MacLean’s new book, Crimes in Archival Form: Human Rights, Fact Production and Myanmar (University of California Press, 2022). In this episode Ken joins New Books in Southeast Asian Studies to explore some of the answers he arrived at after years of research on the complexities of human rights fact production about crimes against humanity in eastern Myanmar, or Burma, and to discuss how it is possible to cast a critical eye over how human rights facts are made and not only remain engaged in causes for human rights, but to make them even stronger at a time that human rights facts are sorely tested, and the truth about facts has never been more contested. Like this interview? If so you might also be interested in: Lynette Chua, The Politics of Love in Myanmar: LGBT Mobilisation and Human Rights as a Way of Life Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand Ken MacLean, The Government of Mistrust: Illegibility and Bureaucratic Power in Socialist Vietnam Nick Cheesman is Associate Professor, Department of Political & Social Change, Australian National University and Senior Fellow, Baldy Center for Law and Social Policy, University at Buffalo (Fall 2022). He hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At Crosstown Clinic, doctors are turning addiction treatment on its head: they’re prescribing heroin-users the very drug they’re addicted to. This is the story of one clinic’s quest to remove the harms of addiction, without removing the addiction itself. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Imagine reading or watching The Minority Report and thinking of that as a model for the criminal justice system. Well, plenty of forensic types are doing just that. Can you figure out if you are a criminal by scanning your brain? On this episode of Darts and Letters, guest-host Jay Cockburn and our guests explore the study of the criminal mind, from the history of madness, to spotty personality tests, to the emerging neuroscientific frontier. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does gentrification look like? Can we even agree that it is a process that replaces one community with another? It is a question of class? Or of economic opportunity? Who does it affect the most? Is there any way to combat it? In Gentrification is Inevitable and Other Lies (Verso, 2022), Leslie Kern travels from Toronto, New York, London, Paris, and San Francisco and scrutinises the myth and lies that surround this most urgent urban crisis of our times. First observed in 1950s London, and theorised by leading thinkers such as Ruth Glass, Jane Jacobs and Sharon Zukin, this devastating process of displacement now can be found in every city and most neighbourhoods. Beyond the Yoga studio, farmer’s market and tattoo parlour, gentrification is more than a metaphor, but impacts the most vulnerable communities. Kern proposes an intersectional way of looking at the crisis that seek to reveal the violence based on class, race, gender, and sexuality. She argues that gentrification is not natural. That it cannot be understood in economic terms, or by class. That it is not a question of taste. That it can only be measured only by the physical displacement of certain people. Rather, she argues, it is a continuation of the settler colonial project that removed natives from their land. And it can be seen today is rising rents and evictions, transformed retail areas, increased policing, and broken communities. But if gentrification is not inevitable, what can we do to stop the tide? In response, Kern proposes a genuinely decolonial, feminist, queer, anti-gentrification. One that demands the right to the city for everyone and the return of land and reparations for those who have been displaced. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at [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

In this episode of High Theory, Erin McElroy talks with Nathan Kim about Property Technology. This is the first episode in the High Theory in STEM series, that tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. Not only is “property technology” a term for digital tools and other methods used by landlords to track and dispossess tenants, but property itself is a technology. In the episode, Nathan references Erin’s article “Property as Technology,” in which they write that "property itself has long served as a technology of racial dispossession, constituting a palimpsest for the contemporary gentrifying moment." You can read the whole article here: McElroy, Erin. "Property as technology: temporal entanglements of race, space, and displacement." City 24, no. 1-2 (2020): 112-129. <https://www.tandfonline.com/doi/abs/10.1080/13604813.2020.1739910> Erin McElroy is an assistant professor in American Studies at UT Austin, a co-founder of the Anti-Eviction Mapping Project, and an editor of the Radical Housing Journal. They are fighting the good fight. We hope you do too. This week’s image was made by Saronik Bosu for this episode. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With much existing research on migration focusing on the Global North—like Europe and the US—Pugh’s The Invisibility Bargain: Governance Networks and Migrant Human Security (Oxford UP, 2021) shifts the focus to the Global South, which hosts 86% of refugees. With particular attention to Ecuador and other parts of Latin America, The Invisibility Bargain approaches questions of governance, human security, and international politics with an eye towards how both state and non-state actors enforce an “invisibility bargain,” wherein migrants must stay politically and socially invisible in order to remain welcome. Drawing on over 170 interviews, 15 months of fieldwork, and discourse analysis of over 400 presidential speeches and 800 Ecuadorian news stories, The Invisibility Bargain will be of great interest to those in Latin American Studies, Migration Studies, Sociolegal Studies, and Political Science. Dr. Jeffrey Pugh is Associate Professor in the Department of Conflict Resolution, Human Security, & Global Governance at the University of Massachusetts Boston. He is also the executive director of the Center for Mediation, Peace, and Resolution of Conflict (CEMPROC). Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Using rare grassroots archives, Tiger, Tyrant, Bandit, Businessman: Echoes of Counterrevolution from New China (Stanford UP, 2022) dives deep into four true criminal cases during the political campaign to suppress counterrevolutionaries of the People’s Republic of China from 1949 to 1953. The first casefile recounted a story of a Confucian scholar who found himself allied with bandits and secret society members. The second casefile was on an assassination of a Communist cadre by a farmer, who was condemned as a landlord and an evil tyrant by the Party. The third casefile was about how the two runaway landlords avoided prosecution of the Party-state by exploiting relative and religious networks in local community. The fourth casefile was on a hapless merchant who accused of a crime he did not commit. Read collectively, the book shows how the newly-established Party-state brought its power to village society. More importantly, the book persuasively demonstrates that the rural revolution could only be understood within its specific local context. In addition, the book also does a model work in showing the historians’ craft of critically reading, analyzing, and using archival documents. Yi Ren is a PhD candidate in the Department of History at the University of Pennsylvania. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Charles Smith performed autopsies at the Hospital for Sick Children in Toronto, ON. The cops kept turning to him with new corpses, and he kept claiming that these deaths were the result of foul play. He was thought of as a God in his field–few people were willing to question his work. That is until a 2008 inquiry, which found evidence of errors in 20 of the 45 autopsies they reviewed. Dr. Smith’s judgements played a role in 13 wrongful convictions. On this episode, we tell one of those stories. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When it comes to complex social problems, us “sensible” types turn to the experts, but what if they don’t actually know what they’re talking about? That happens to be the case with many forensic experts. Blood spatter, ballistics, hand-writing analysis, fingerprints, etc. They aren’t Gods, they aren’t magicians, they ain’t anything like what you see on CSI. In fact, they get things terribly wrong; and when they do, the consequences can be catastrophic. We’ll reveal the crisis in forensic expertise, and look for ways to fix it, featuring the American lawyer falsely arrested for the 2004 Madrid bombings because of a fingerprint. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1960s and 1970s, the exposure of Big Tobacco’s aggressive lobbying and internal efforts to obscure science showcasing the harmful effects of smoking changed U.S. public opinion of the industry and of product safety protocols, both of which had largely obscured these harms from public view for decades. Public awareness grew, triggering regulation on disclosure related to political influencing strategies, marketing tactics, and transparency regarding the devastating toll of tobacco products on many communities, including and especially children. As similar approaches to assessing the public health impacts of Big Oil and Big Pharma, among other industries, have gained traction in recent decades, Dr. Mélissa Mialon’s new book, Big Food & Co (Thierry Souccar Editions, 2021), adds the amalgamation of multinationals and transnational supply chains that make up Big Food, to that list. Rising health inequities across race, class, and geography are subtle, yet central themes throughout Dr. Mialon’s meticulous accounting of a complex puzzle in which the marketing and distribution strategies of soft drink companies and ultra-processed food manufacturers are quietly but steadily ushering in a new globalized era of related public health crises – measured by increasing rates of of diabetes, cancers, and heart disease, etc– a crisis that has long been felt in the United States. Whether branding t-shirts and games at summer camps in France for underprivileged children or blanketing entire streets in Mauritius with the unmistakable bright red and white flag of Coca-Cola, Dr. Mialon describes a taxonomy of commercial determinants of health common to nearly every example – whether multinational food companies’ policy advocacy in Colombia, public-private partnerships in Brazil, or culturally responsive branding for holidays in Southern Africa. Between academic research and investigative journalism, the survey of trends in Big Food’s operation, marketing, and regulatory capture, offered throughout the book are additionally grounds for laying out a policy roadmap with public health indicators at the center of a wide range of potential reforms including campaign finance and heightened disclosure protocols for public-private partnerships to mitigating conflicts of interest in scientific studies related to food, agriculture, and health, among many others. Dr. Mélissa Mialon is Associate Professor at Trinity College Dublin, in Ireland. She is a food engineer with a PhD in nutrition and co-coordinates the « Governance, Ethics and Conflicts of Interest in Public Health » (GECI-PH) network, based out of the American University of Beirut in Lebanon. Her research focuses on commercial determinants of health, and particularly on the practices used by corporations to influence public health policy, research and practice. Anna Levy researches and teaches on emergency, crisis, and development practice & politics at Fordham & New York Universities. She is the founder and principal of Jafsadi.works, a research collective focused on advancing structural and participatory accountability in non-profit, movement, multilateral, city, and policy strategies. You can follow her @politicoyuntura. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice (Cambridge UP, 2013), which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. This podcast will review both the first edition of the Encyclopedia of Transitional Justice and preview the second edition, forthcoming in March 2023. We explore new country entries, an expanded scope of formal and informal transitional justice and accountability mechanisms, and a broader range of civil society groups, informal organizations, national and international actors engaged in global transitional justice processes. Dr. Stan provides some comments on the evolution of the field of transitional justice over the past 25 years, hinting at some of the legal and normative shifts in the future. Cynthia M. Horne is a Professor of Political Science at Western Washington University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Adrienne Buller (The Value of a Whale) and Mathew Lawrence (Planet on Fire) have penned a radical manifesto for the transformation of post-pandemic politics: Owning the Future: Power and Property in an Age of Crisis (Verso, 2022). The question of ownership is the critical fault line of our times. During the pandemic this issue has only become more divisive. Since March 2020 we have witnessed the extraordinary growth of asset manager capitalism and the explosive concentration of wealth within the hands of the already super-rich. This new oligarchy controls every part of our social and economics lives. In the face of crisis, the authors warn that mere redistribution within current forms of ownership is not enough; our goal must be to go beyond the limits of the current system, dominated by private enclosure and unequal ownership. Only by reimagining how our economy is owned and by whom can we address the crises of our time - from the fallout of the pandemic to ecological collapse - at their roots. Building from this insight, the authors argue the systemic change we need hinges on a new era of democratic ownership: a reinvention of the firm as a vehicle for collective endeavour and meeting social needs. Against the new oligarchy of the platform giants, a digital commons that uses our data for collective good, not private profit. In place of environmental devastation, a new agenda of decommodification - of both nature and needs - with a Green New Deal and collective stewardship of the planet’s natural wealth. Together, these proposals offer a road map to owning the future, and building a better world. Adrienne Buller is Director of Research at the UK-based think tank Common Wealth. Mathew Lawrence is Common Wealth's founder and director. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s Postscript (a special series that allows scholars to comment on pressing contemporary issues) focuses on the US Supreme Court and the Second Amendment. It is hard to exaggerate the extent to which the most recent term of the U.S. Supreme Court changed the substance of the laws Americans live by and the method by which the Court determines whether a law is unconstitutional. The Court upended 50 years of abortion jurisprudence, challenged laws that govern tribal sovereignty, and undercut the power of Congress to make and implement laws regarding climate change. The abortion ruling in Dobbs v. Jackson consumed much of the press coverage and public outrage but our podcast conversation focuses New York State Rifle & Pistol Association v. Bruen. The Supreme Court not only overturned a century-old statute regulating the concealed carrying of guns in public – it changed the rules for determining what is or is not protected by the US Constitution under the Second Amendment. The podcast engages the relationship between state gun policy and this new originalist methodology, the origins of so-called originalism in the 1980s, the role of secondary scholarship, Duke Center for Firearms Law searchable database’s role in providing evidence for legal claims, and whether analogical reasoning (or politics) have triumphed at the SCOTUS – and how to teach that to law students. Joseph Blocher, Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for the District of C in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller and his numerous influential law review articles are complemented by nuanced public facing scholarship. Andrew Willinger is the Executive Director of the Duke Center for Firearms Law at Duke University Law School – and now writes commentary for the Center’s Second Thoughts blog. He joined the Center in June 2022, after practicing as a litigation associate at Patterson Belknap Webb & Tyler in New York. At Patterson, Willinger litigated complex commercial disputes and false advertising and defamation cases. He previously clerked for Judge William L. Osteen, Jr. of the Middle District of North Carolina. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland (Brepols, 2022) offers a fresh look at the legal status of minorities in English Ireland. Through a detailed analysis of case studies gleaned from medieval court rolls, Stephen Hewer challenges the prevailing narrative of wholesale ethnic discrimination and presents a nuanced picture of intersectional identities, strategies of negotiation, and evolving tensions between legal principle and practice. The notion that all Gaelic peoples were immediately and ipso facto denied access to the English royal courts in Ireland, upon the advent of the English in 1167, has become so accepted in academic and popular histories of Ireland that it is no longer questioned. This book tackles this narrative of absolute ethnic discrimination in thirteenth- and early fourteenth-century English Ireland on the basis of a thorough re-examination of the Irish plea rolls. A forensic study of these records reveals a great deal of variation in how members of various ethnic groups and women who came before the royal courts in Ireland were treated. Specifically, it demonstrates the existence of a large, and hitherto scarcely noticed, population of Gaels with regular and unimpeded access to English law, identifiable as Gaelic either through explicit ethnic labelling in the records or implicitly through their naming practices. Dr. Margaret Smith is a historian of medieval Ireland and Research Assistant Professor of Digital Humanities in the IRIS Center at Southern Illinois University, Edwardsville. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do competing interests shape public policy? Why are the economic interests and priorities of lower-, working-, and middle-class Americans often neglected while the interests and priorities of wealthier Americans are often front and center for the U.S. Congress? Previous work in political science has highlighted income disparity or the importance of agenda setting but Hijacking the Agenda: Economic Power and Political Influence (Russell Sage Foundation, 2021) unpacks HOW business interests and wealthy individuals shape public policy to their benefit by “hijacking the agenda” away from the interests of average Americans. Witko, Morgan, Kelly, and Enns focus on the speech of elected representatives as recorded in the Congressional Record. Their remarkable Congressional Rhetoric Database codes speech from 1995 to 2016. Using an integrated, multi-method research design, they conclude that the interplay between two types of power – structural and kinetic – give wealthy interests considerable influence over the issues that receive congressional attention and explaining these patterns of issue attention over time is crucial for understanding disparate policy outcomes. In addition to a sophisticated quantitative analysis, the book provides three astute case studies (financial deregulation, re-regulation, and the minimum wage) and a general theory of politics and economic power. Hijacking the Agenda details how money – especially in the form of campaign contributions – affects which economic problems Congress believes to be important – and acts upon. Hijacking the Agenda is winner of the 2022 Gladys M. Kammerer Award from the American Political Science Association. Dr. Christopher Witko is professor of public policy and associate director of the School of Public Policy at Penn State, Drs. Jana Morgan and Nathan J. Kelly are professors of political science at the University of Tennessee, and Dr. Peter K. Enns is professor of public policy and political science at Cornell University. Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It began with a smoke break. James Monsees and Adam Bowen were two ambitious graduate students at Stanford, and in between puffs after class they dreamed of a way to quit smoking. Their solution became the Juul, a sleek, modern device that could vaporize nicotine into a conveniently potent dosage. The company they built around that device, Juul Labs, would go on to become a $38 billion dollar company and draw blame for addicting a whole new generation of underage tobacco users. Time magazine reporter Jamie Ducharme follows Monsees and Bowen as they create Juul and, in the process, go from public health visionaries and Silicon Valley wunderkinds to two of the most controversial businessmen in the country. With rigorous reporting and clear-eyed prose that reads like a nonfiction thriller, Big Vape: The Incendiary Rise of Juul (Henry Holt, 2021) uses the dramatic rise of Juul to tell a larger story of big business, Big Tobacco, and the high cost of a product that was too good to be true. Jamie Ducharme is a correspondent at Time magazine, where she covers health and science. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides?: States As Laboratories of Constitutional Experimentation (Oxford UP, 2021), the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Probability and Forensic Evidence: Theory, Philosophy, and Applications (Cambridge UP, 2021), Ronald Meester and Klaas Slooten address the role of statistics and probability in the evaluation of forensic evidence, including both theoretical issues and applications in legal contexts. It discusses what evidence is and how it can be quantified, how it should be understood, and how it is applied (and, sometimes misapplied). Ronald Meester is Professor in probability theory at the Vrije Universiteit Amsterdam. He is co-author of the books Continuum Percolation (1996), A Natural Introduction to Probability Theory (2003), Random Networks for Communication (2008), and has written around 120 research papers on topics including percolation theory, ergodic theory, philosophy of science, and forensic probability. Klaas Slooten works as Statistician at the Netherlands Forensic Institute and at the Vrije Universiteit Amsterdam where he is Professor by special appointment. He as published around 30 articles on forensic probability and statistics. He is interested in the mathematical, legal, and philosophical evaluation of evidence. Marc Goulet is Professor in mathematics and Associate Dean in the College of Arts and Sciences at the University of Wisconsin-Eau Claire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On the morning of Thursday 29 June 1682, a magpie came rasping, rapping and tapping at the window of a prosperous Devon merchant. Frightened by its appearance, his servants and members of his family had, within a matter of hours, convinced themselves that the bird was an emissary of the devil sent by witches to destroy the fabric of their lives. As the result of these allegations, three women of Bideford came to be forever defined as witches. A Secretary of State brushed aside their case and condemned them to the gallows; to hang as the last group of women to be executed in England for the crime. Yet, the hatred of their neighbours endured. For Bideford, it was said, was a place of witches. Though 'pretty much worn away' the belief in witchcraft still lingered on for more than a century after their deaths. In turn, ignored, reviled, and extinguished but never more than half-forgotten, it seems that the memory of these three women - and of their deeds and sufferings, both real and imagined – was transformed from canker to regret, and from regret into celebration in our own age. Indeed, their example was cited during the final Parliamentary debates, in 1951, that saw the last of the witchcraft acts repealed, and their names were chanted, as both inspiration and incantation, by the women beyond the wire at Greenham Common. In The Last Witches of England: A Tragedy of Sorcery and Superstition (Bloomsbury, 2021), Dr. John Callow explores this remarkable reversal of fate, and the remarkable tale of the Bideford Witches. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common—they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state. With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism: Sovereignty, Secularism, and the State in Lebanon (Stanford UP, 2022) locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live. Maya Mikdashi is Associate Professor of Women's, Gender, and Sexuality Studies, and a Lecturer in the Middle East Studies Program at Rutgers University. Alize Arıcan is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, JOTSA, Radical Housing Journal, and entanglements. You can find her on Twitter @alizearican Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don't know: Until Thomas went to law school, he was a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In The Enigma of Clarence Thomas (Metropolitan Books, 2019), Corey Robin--one of the foremost analysts of the right--delves deeply into both Thomas's biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas's conservative views, Robin argues, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by this racism, and that the most African-Americans can hope for is that white people will get out of their way. There's a reason, Robin concludes, why liberals often complain that Thomas doesn't speak but seldom pay attention when he does. Were they to listen, they'd hear a racial pessimism that sounds shockingly similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today's political stalemate. Corey Robin is Distinguished Professor of Political Science at Brooklyn College and the CUNY Graduate Center. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment. The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller's study will only grow more relevant as time passes. "An engaging call to arms," (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy. Matt Stoller is the Director of Research at the American Economic Liberties Project. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Lisa Ford, Professor of History at the University of New South Wales, is the author of prize-winning monographs and a luminary in the field of global legal history. Her new book The King’s Peace: Law and Order in the British Empire (Harvard University Press, 2021) traces how a different kind of British empire emerged out of the global Age of Revolutions. The book’s case studies span the globe, illuminating how the gradual but unrelenting imposition of crown rule across the empire corroded the rights of British subjects, altered their relationship with sovereign power, and laid the foundations of the modern police state. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence, The King’s Peace offers important lessons on peacekeeping, sovereignty, and political subjectivity—lessons that can enrich contemporary debates over the imbalance between liberty and security. Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on genocide prevention. The Association, founded in 1994, meets regularly to consider comparative research, important new work, case studies, the links between genocide and other human rights violations, and prevention and punishment of genocide. The Association holds biennial conferences and co-publishes the scholarly journal Genocide Studies and Prevention. Melanie O’Brien is Associate Professor of International Law at the UWA Law School, University of Western Australia. Dr. O'Brien's work on forced marriage has been cited by the International Criminal Court, and she has been an amicus curiae before the ICC. She has been an expert consultant for multiple UN bodies, and is widely consulted by global media for her expertise on international criminal law. She has conducted fieldwork and research across six continents. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the Act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South. During the civil rights movement, it enabled the protection of black students who attended previously segregated educational institutions. Most recently, the Insurrection Act has been the vehicle for presidents to call upon federal troops to suppress so-called “race riots” like those in Los Angeles in 1992, and for them to threaten to do so in other cases of racial justice activism. Yet when the US Capitol was stormed in January 2021, the impulse to restore law and order and counter insurrectionary threats to the republic lay dormant. Allan’s distinctly literary voice underscores her paradigm-shifting reflections on the presence of fear and silence in history and their shadowy impact on the law. Throughout, she draws revealing insight from her own experiences as one of the only black girls in her leafy Long Island suburb, as a black lawyer at a predominantly white firm during a visit from presidential candidate Barack Obama, and as a thinker about the use and misuse of appeals to law and order. Elegant and profound, deeply researched and intensely felt, Insurrection: Rebellion, Civil Rights, and the Paradoxical State of Black Citizenship (Norton, 2022) is necessary reading in our reckoning with structural racism, government power, and protest in the United States. Brittney Edmonds is an Assistant Professor of Afro-American Studies at UW-Madison. I specialize in 20th and 21st century African American Literature and Culture with a special interest in Black Humor Studies. Read more about my work at brittneymichelleedmonds.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people. Providing examples from different states, government agencies, and court cases, Prof. Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Prof. Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether? In this thought-provoking and original volume, Sex Is as Sex Does: Governing Transgender Identity (NYU Press, 2022) reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large. Ultimately, Paisley Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them. Paisley Currah is Professor of Political Science and Women’s & Gender Studies at Brooklyn College and the Graduate Center of the City University of New York. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedom (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom’s rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom’ that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history. Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at [email protected] or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode from the Institute’s Vault, Samantha Power describes how Hannah Arendt influenced her thinking about politics and human rights. Power spoke during a two day symposium-- “Hannah Arendt Right Now”--which explored the philosopher’s impact on the 21st Century. The 2006 event was held on the hundredth anniversary of Arendt’s birth. Samantha Power was Barack Obama’s human rights adviser, and then served as the US Ambassador to the United Nations. She is the author of several books, including A Problem From Hell: America and the Age of Genocide, which won the 2003 Pulitzer prize. She is a professor of practice at Harvard’s Law School and Kennedy School. In the second half of the episode, Azar Nafisi responds to Power. Nafisi is best known for her 2003 book, Reading Lolita in Tehran: A Memoir in Books. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The protests of summer 2020 led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom (Johns Hopkins University Press, 2022) considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Michael Bérubé (interviewed here) is Edwin Erle Sparks Professor of Literature at Pennsylvania State University; Jennifer Ruth is a professor of film at Portland State University. Both have served in various roles within the American Association of University Professors, and also coauthored The Humanities, Higher Education, and Academic Freedom: Three Necessary Arguments (2015). Catriona Gold is a PhD candidate in Geography at University College London, researching security and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before Darts and Letters there was a documentary series called Cited. This is one of those documentaries. This episode is about the lives of sex offenders in the USA. The researcher in this story, Chris Drum actually went and lived with sex offenders, so it’s a fascinating insight into life with some of the most reviled people in the country. This is the last of our “ideas in strange places” theme, next week our theme is “politics of education”, and we’ll be running episodes from our catalogue with a different theme each week until we launch the new season of Darts and Letters on September 18th. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ———-CREDITS———- This piece was produced by Gordon Katic and edited by Sam Fenn, as well as Alison Cooke of the CBC. Further support from Alexander B. Kim. Research advising from University of Washington Sociologist Katherine Beckett. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

I can point you to mountains of research about prisons. I can also recommend at least a dozen Netflix documentaries, and highlight a handful of radical activists and scholars. There’s a lot of intellectual work done about prison. But what about intellectual work done in prison? As part of this week’s “ideas in strange places” theme, we want to play you this episode from right near when we started Darts and Letters, where we ask what kind of radical thought can come from the extreme oppression prisoners endure. We’ll be back with brand new episodes on September 18th, until then we’re replaying the best of our catalogue with a different theme each week. In Prison Notebooks… First, in the opening essay, host Gordon Katic discusses the long history of radical prison writing. From Thoreau to Gramsci, MLK, Oscar Wilde, Eugene Debs, Emma Goldman, and even Wittgenstein. Next (@5:36), Chandra Bozelko served 6 years, three months, and 11 days in a women’s prison in Connecticut. While inside, she started an award-winning newspaper column. She tells us what writing did for her while inside, and what everyday prison intellectualism really looks like. Then (@42:30), Justin Piché edits one of the most amazing academic journals you will ever come across. It’s called the Journal of Prisoners on Prisons. It has been around for over thirty years. In each and every edition, you will see brilliant scholarly work—it just so happens that this work is written by prisoners themselves. —————————-SUPPORT THE SHOW—————————- You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little more we would love if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. —————————-CONTACT US————————- To stay up to date, follow us on Twitter and Instagram. If you’d like to write us, email [email protected] or tweet Gordon directly. —————————-CREDITS—————————- This episode of Darts and Letters was produced by Jay Cockburn. Research and support from David Moscrop and Addye Susnick. Our theme song and music was created by Mike Barber, and our graphic design was created by Dakota Koop. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side. At once enlightening and devastating, The Border Within: The Economics of Immigration in an Age of Fear (U Chicago Press, 2021) examines the costs and ends of America's interior enforcement--the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.d News coverage has prompted many to question the humanity of American immigration policies; The Border Within opens a conversation of whether it is effective. The United States spends billions each year on detention and deportation, all without economic gain and at a great human cost. With depth and discipline, the authors dissect the shock-and-awe policies that make up a broken, often cruel system, while illuminating the lives caught in the chaos. It is an essential work with far-reaching implications for immigrants and non-immigrants alike. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In times of heightened national security, scholars and activists from the communities under suspicion often attempt to alert the public to the more complex stories behind the headlines. But when they raise questions about the government, military and police policy, these individuals are routinely shut down and accused of being terrorist sympathizers or apologists. In such environments, there is immense pressure to condemn what society at large fears. I Refuse to Condemn: Resisting Racism in Times of National Security (Manchester University Press, 2021) explains how the expectation to condemn has emerged, tracking it against the normalization of racism, and explores how writers manage to subvert expectations as part of their commitment to anti-racism. In my conversation with the collection’s editor, Asim Qureshi, Research Director of CAGE, an independent advocacy organization, we discuss the culture of condemnation and the presumption of guilt, its psychological and physiological impacts, issues of trauma, white supremacy and racism as a system of power, structural racism’s relationship to national security, Prevent and countering violent extremism programs, cultural representation, the role of artists and performers, the afterlife of one’s work or art, and advocacy to dismantle anti-Muslim racism. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at [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

Willem Bart de Lint's Blurring Intelligence Crime: A Critical Forensics (Springer, 2022) explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this problem, the book introduces the concepts 'intelligence crime' and 'critical forensics.' It also reviews as an exemplar of this phenomenon 'apex crime, ' a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias. Chapters feature case study analysis of a selection of familiar, high profile crimes in which the motives and actions of security or intelligence actors are considered as blurred or smeared depending on their interconnection in transactional political events, or according to friend/enemy status. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From one of the leading intellectuals of the digital age, The Digital Republic: On Freedom and Democracy in the 21st Century (Pegasus Books, 2022) is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? A Financial Times “Book to Read” in 2022. Not long ago, the tech industry was widely admired, and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly. The Digital Republic charts a new course. It offers a plan for the digital age: new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand. Jamie Susskind is a barrister and the author of the award-winning bestseller Future Politics: Living Together in a World Transformed by Tech (Oxford University Press, 2018), which received the Estoril Global Issues Distinguished Book Prize 2019, and was an Evening Standard and Prospect Book of the Year. He has fellowships at Harvard and Cambridge and currently lives in London. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access. In Menstruation Matters: Challenging the Law’s Silence on Periods (NYU Press, 2022), Dr. Bridget Crawford and Dr. Emily Gold Waldman explore the role of law in this movement. They ask what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. The book examines these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The last few years have brought to the fore the brilliant work of scientists as they worked to find a vaccine for Covid-19. But have you ever stopped to think about the role of biological materials in this and other science- and health-related research? In this episode of SSEAC Stories, Dr Natali Pearson is joined by Associate Professor Sonja van Wichelen to take a close look at the complex world of global health governance, with a particular focus on biotechnology and bioscience governance in Indonesia. They discuss the crucial role of biological materials exchange for scientific research, what rules govern their use, and the history of inequality that has underpinned scientific use of biological materials. Taking Indonesia’s recent efforts to gain leverage in the uneven space of the global bioeconomy, they explore how bioscience governance mechanisms can perpetuate, or sometimes help address, global power inequalities in the way biological material is used. About Sonja van Wichelen: Sonja van Wichelen is Associate Professor with the School for Social and Political Sciences at the University of Sydney. She researches the social implications of biotechnology and law and has focused on reproductive technologies in previous projects. More recently she is examining bioscience governance in Southeast Asia. Focusing on Indonesia, she is particularly interested in the relationship between regulatory frameworks and global inequality. She is the author of Legitimating Life: Adoption in the Age of Globalization and Biotechnology (Rutgers University Press, 2019), and Religion, Gender, and Politics in Indonesia: Disputing the Muslim Body (Routledge, 2010). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Adam Hanna’s Poetry, Politics, and the Law in Modern Ireland (Syracuse University Press, 2022) is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions. Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this volume is the first in the growing field of law and literature to monograph exclusively on modern Ireland. Dr. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats. Poetry from the time of independence onward has been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Dr. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book, Promoting Justice Across Borders: The Ethics of Reform Intervention (Oxford UP, 2021) political scientist Lucia M. Rafanelli develops an ethical theory of global reform intervention, arguing that new theories are necessary as increasing global interconnection continues and expands around the world. Rafanelli classifies global reform intervention as any attempt to promote justice in a society other than one’s own. This loose definition means that there are several variations of these actions: the degree of control held by the interveners; how interveners interact with recipients; existing political institutions; the context surrounding the action, and the risks intervention poses to the recipients of that intervention. Promoting Justice Across Borders argues that there are components within these dimensions that pollute the moral permissibility of reform intervention. Once the malleability of these actions becomes evident, it also becomes clear that there are ethical ways to go about (and not go about) such an action. When studying examples of reform interventions, it is clear that there are some interveners who disrespect and essentially ignore the recipients and treat them with intolerance. But not all interveners treat recipients this way, many treat the recipients of intervention with respect for the legitimate political institutions, working to establish collective self-determination, thus providing a blueprint for moral action. It is through these particular examples that Rafanelli creates an ethical framework through which reform intervention is analyzed with the goal of global justice. Promoting Justice Across Borders combines philosophical analysis of justice and morality with a case-by-case investigation of real-life events, in an attempt to identify which kinds of reform intervention are not subject to ethical objection. The analysis redefines the ordinary boundaries of global politics with the values of toleration, legitimacy, and collective self-determination. Rafanelli explains how vital it is for interveners to avoid subjecting recipients to neocolonial power dynamics or making their institutions more responsive to the intervener’s interests at the expense of the recipient’s interests in order to maintain this framework of global collectivism. A qualification of reform intervention is not to undermine the self-determination of the recipients; in fact, it may bolster it and re-affirm the recipient’s independence in the name of justice. Promoting such justice, unfortunately, takes place in a non-ideal world, and Rafanelli discusses how these theories can be put into practice in this context. To prevent negative consequences from the most well-principled interventions, diverse global oversight of such actions is an important component of the process, as well as ensuring that interveners favor interventions where they exert less rather than more control over recipients. Priority must be given to interventions that challenge current and historical power hierarchies. Humanity’s collective purpose of pursuing justice can be reshaped and better applied according to the analysis in Promoting Justice Across Borders, but the approach and process needs to be reconfigured to avoid reinscribing past problematic applications of these reform interventions. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at [email protected] or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Opportunity Trap: High-Skilled Workers, Indian Families, and the Failures of the Dependent Visa Program (NYU Press, 2022) is the first book to look at the impact of the H-4 dependent visa programs on women and men visa holders in Indian families in America. Comparing two distinct groups of Indian immigrant families -families of male high-tech workers and female nurses-Pallavi Banerjee reveals how visa policies that are legally gender and race neutral in fact have gendered and racialized ramifications for visa holders and their spouses. Drawing on interviews with fifty-five Indian couples, Banerjee highlights the experiences of high-skilled immigrants as they struggle to cope with visa laws, which forbid their spouses from working paid jobs. She examines how these unfair restrictions destabilize-if not completely dismantle-families, who often break under this marital, financial, and emotional stress. Banerjee shows us, through the eyes of immigrants themselves, how the visa process strips them of their rights, forcing them to depend on their spouses and the government in fundamentally challenging ways. The Opportunity Trap provides a critical look at our visa system, underscoring how it fails immigrant families. Lakshita Malik is a doctoral student in the department of Anthropology at the University of Illinois at Chicago. Her work focuses on questions of intimacies, class, gender, and beauty in South Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law