New Books in Law

Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination (Cambridge UP, 2021) draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena. Leila Neti is an associate professor of English at Occidental College, Los Angeles. Gargi Binju is a researcher at the University of Tübingen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carl Hart speaks with Kim about America’s punitive drug laws, and how we might change them for the better. He argues that we should legalize and regulate the sale of all drugs, in the same way we regulate the sale of alcohol, to improve the health, equity, and liberty of our society. Dr. Hart is a professor of behavioral neuroscience in the Department of Psychology at Columbia University. You can learn how his scientific research in Neuropsychopharmacology relates to the politics of human experience in his new book Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear (Penguin Random House 2021). Image: Creative Commons Music used for promotional material: ‘A Better Tomorrow’ by astrofreq Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, Ports, Crime and Security: Governing and Policing Seaports in a Changing World (Bristol UP, 2021) presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Institutional Sexual Abuse in the #metoo Era (Southern Illinois UP, 2021), editors Jason D. Spraitz and Kendra N. Bowen bring together the work of contributors in the fields of criminal justice and criminology, sociology, journalism, and communications. These chapters show #MeToo is not only a support network of victims’ voices and testimonies but also a revolutionary interrogation of policies, power imbalances, and ethical failures that resulted in decades-long cover-ups and institutions structured to ensure continued abuse. This book reveals #MeToo as so much more than a hashtag. Contributors discuss how #MeToo has altered the landscape of higher education; detail a political history of sexual abuse in the United States and the UK; discuss a recent grand jury report about religious institutions; and address the foster care and correctional systems. Hollywood instances are noted for their fear of retaliation among victims and continued accolades for alleged abusers. In sports, contributors examine the Jerry Sandusky scandal and the abuse by Larry Nassar. Advertising and journalism are scrutinized for covering the #MeToo disclosures while dealing with their own scandals. Finally, social media platforms are investigated for harassment and threats of violent victimization. Drawing on the general framework of the #MeToo Movement, contributors look at complex and very different institutions—athletics, academia, religion, politics, justice, childcare, social media, and entertainment. Contributors include revelatory case studies to ensure we hear the victims’ voices; bring to light the complicity and negligence of social institutions; and advocate for systemic solutions to institutional sexual abuse, violence, and harassment. Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The civil war in Yemen has going on since 2014. Noria al-Hossini, Communications Director of Mwatana for Human Rights, discusses the war and the numerous human right violations that have occurred and are occurring in it. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of the New Books in Latin America Studies podcast, Kenneth Sánchez spoke with Dr Francesca Lessa about her interesting new book The Condor Trials: Transnational Repression and Human Rights in South America published in 2022 by the Yale University Press. Stories of transnational terror and justice illuminate the past and present of South America's struggles for human rights. Through the voices of survivors and witnesses, human rights activists, judicial actors, journalists, and historians, Francesca Lessa unravels the secrets of transnational repression masterminded by South American dictators between 1969 and 1981. Under Operation Condor, their violent and oppressive regimes kidnapped, tortured, and murdered hundreds of exiles, or forcibly returned them to the countries from which they had fled. South America became a zone of terror for those who were targeted, and of impunity for those who perpetuated the violence. Lessa shows how networks of justice seekers gradually materialized and effectively transcended national borders to achieve justice for the victims of these horrors. Based on extensive fieldwork, archival research, trial ethnography, and over one-hundred interviews, The Condor Trials explores South America's past and present and sheds light on ongoing struggles for justice as its societies come to terms with the unparalleled atrocities of their not-so-distant pasts. Dr Francesca Lessa is a lecturer in Latin American studies and development at the University of Oxford. She is also the author of Memory and Transitional Justice in Argentina and Uruguay and is an honorary president of the Observatorio Luz Ibarburu (Uruguay), a network of human rights NGOs devoted to the fight against impunity in that country. Kenneth Sanchez is a Peruvian journalist and a multi-platform content curator for the Peruvian media outlet Comité de Lectura. He is a host of the New Books in Latin American Studies podcast and the movies & entertainment podcast Segundo Plano. He holds a master’s degree in Latin American Politics from University College London (UCL), is a Centre for Investigative Journalism masterclass alumni and is part of the 6th generation of Young Journalists of #LaRedLatam of Distintas Latitudes. He has won several awards, including the prestigious Amnesty Media Award given out by Amnesty International UK. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

With me on today’s show is Professor Elizabeth Anker, whose most recent book, Ugly Freedoms (Duke UP, 2022), works to understand how the idea of freedom, seemingly so fundamental to our understanding of the American experience, is often the very concept that allows for the brutal deprivation of the freedom of others. As she writes, “ugly freedom entails a dynamic in which practices of freedom produce harm, brutality, and subjugation as freedom.” Today we will be discussing Professor Anker’s theory of ugly freedom in the context of our unending crisis of gun violence in the United States. This show’s topic feels as essential as any that I have offered thus far. I hope you will find something hopeful in our conversation. Chris Holmes is Chair of Literatures in English and Associate Professor at Ithaca College. He writes criticism on contemporary global literatures. His book, Kazuo Ishiguro as World Literature, is under contract with Bloomsbury Publishing. He is the co-director of The New Voices Festival, a celebration of work in poetry, prose, and playwriting by up-and-coming young writers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Jewish Internationalism and Human Rights after the Holocaust (Cambridge UP, 2020), Nathan A. Kurz charts the fraught relationship between Jewish internationalism and international rights protection in the second half of the twentieth century. For nearly a century, Jewish lawyers and advocacy groups in Western Europe and the United States had pioneered forms of international rights protection, tying the defense of Jews to norms and rules that aspired to curb the worst behavior of rapacious nation-states. In the wake of the Holocaust and the creation of the State of Israel, however, Jewish activists discovered they could no longer promote the same norms, laws, and innovations without fear they could soon apply to the Jewish state. Using previously unexamined sources, Nathan Kurz examines the transformation of Jewish internationalism from an effort to constrain the power of nation-states to one focused on cementing Israel's legitimacy and its status as a haven for refugees from across the Jewish diaspora. Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies, Ukrainian Studies, and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. In Shari'a, Inshallah: Finding God in Somali Legal Politics (Cambridge UP, 2021), Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law. Mark Fathi Massoud is professor of politics and legal studies at UC Santa Cruz, where he directs the Legal Studies Program and serves as affiliated faculty with the Center for the Middle East and North Africa. Massoud also holds an appointment as a Visiting Professor at the University of Oxford. Sara Katz is a Postdoctoral Associate in the History Department at Duke University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Lori Allen’s A History of False Hope: Investigative Commissions in Palestine (Stanford UP, 2020) is a deep engagement with Palestinian political history through an examination of international commissions. Over twenty commissions established over the last century have investigated political violence and human rights violations in the context of Palestine and Palestinians’ rights, yet there has also been very little material change resulting from these commissions. These commissions, Allen argues, operate as technologies of liberal global governance and do not bring justice to Palestinians. However—as her archival and ethnographic research shows, in a deep exploration of three such commissions—Palestinians continue to demand rights and recognition, even in the face of limited outcomes. A History of False Hope therefore serves as an exploration of the characters, motivations, and politics involved in Palestinians’ efforts to assert their rights—and colonial authorities’ and international organizations’ responses to Palestinians’ fights to for their rights—within the framework of international human rights. A History of False Hope is available through Stanford University Press. Lori Allen is a Reader in Anthropology (Near and Middle East) at SOAS, University of London. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite her famous pseudonym, "Jane Roe," no one knows the truth about Norma McCorvey (1947-2017), whose unwanted pregnancy in 1969 opened a great fracture in American life. Journalist Joshua Prager spent hundreds of hours with Norma, discovered her personal papers--a previously unseen trove--and witnessed her final moments. The Family Roe: An American Story (W. W. Norton, 2021) presents her life in full. Propelled by the crosscurrents of sex and religion, gender and class, it is a life that tells the story of abortion in America. Prager begins that story on the banks of Louisiana's Atchafalaya River where Norma was born, and where unplanned pregnancies upended generations of her forebears. A pregnancy then upended Norma's life too, and the Dallas waitress became Jane Roe. Drawing on a decade of research, Prager reveals the woman behind the pseudonym, writing in novelistic detail of her unknown life from her time as a sex worker in Dallas, to her private thoughts on family and abortion, to her dealings with feminist and Christian leaders, to the three daughters she placed for adoption. Prager found those women, including the youngest--Baby Roe--now fifty years old. She shares her story in The Family Roe for the first time, from her tortured interactions with her birth mother, to her emotional first meeting with her sisters, to the burden that was uniquely hers from conception. The Family Roe abounds in such revelations--not only about Norma and her children but about the broader "family" connected to the case. Prager tells the stories of activists and bystanders alike whose lives intertwined with Roe. In particular, he introduces three figures as important as they are unknown: feminist lawyer Linda Coffee, who filed the original Texas lawsuit yet now lives in obscurity; Curtis Boyd, a former fundamentalist Christian, today a leading provider of third-trimester abortions; and Mildred Jefferson, the first black female Harvard Medical School graduate, who became a pro-life leader with great secrets. An epic work spanning fifty years of American history, The Family Roe will change the way you think about our enduring American divide: the right to choose or the right to life. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of qualified immunity when they shoot or brutalize an innocent civilian. Qualified immunity is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies (Oxford UP, 2021), history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights. While doctrines such as qualified immunity may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place. A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in open societies. Tyrants on Twitter: Protecting Democracies from Information Warfare (Stanford UP, 2022) is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 U.S. election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world. Sloss calls for cooperation among democratic governments to create a new transnational system for regulating social media to protect Western democracies from information warfare. Drawing on his professional experience as an arms control negotiator, he outlines a novel system of transnational governance that Western democracies can enforce by harmonizing their domestic regulations. And drawing on his academic expertise in constitutional law, he explains why that system―if implemented by legislation in the United States―would be constitutionally defensible, despite likely First Amendment objections. With its critical examination of information warfare and its proposal for practical legislative solutions to fight back, this book is essential reading in a time when disinformation campaigns threaten to undermine democracy. Morteza Hajizadeh is a Ph.D. graduate in English from the University of Auckland in New Zealand. His research interests are Cultural Studies; Critical Theory; Environmental History; Medieval (Intellectual) History; Gothic Studies; 18th and 19th Century British Literature. YouTube Channel. Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mikaela Rabinowitz’s Incarceration without Conviction: Pretrial Detention and the Erosion of Innocence in American Criminal Justice (Routledge, 2021) addresses an understudied fairness flaw in the US criminal justice system: namely, the significant impact of pretrial detention on the millions of Americans held in local jails. On any given day, approximately 500,000 Americans are held in pretrial detention in US jails—not because they are a flight risk, but because they cannot pay for bail or a bail bond. Impacting disproportionally Black and poor individuals, Rabinowitz highlights how pretrial detention is at odds with juridical notions of fairness, effectively punishing Americans before guilt or innocence is ever explored in court. Using a mixed-methods approach, Rabinowitz argues that pretrial detention undermines both the presumption and the meaning of innocence in the American criminal justice system. Incarceration without Conviction is available through Routledge. Mikaela Rabinowitz is Director of Data, Research, and Analytics at the San Francisco District Attorney’s Office. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As the United States began the project of mass incarceration, rural communities turned to building prisons as a strategy for economic development. More than 350 prisons have been built in the U.S. since 1980, with certain regions of the country accounting for large shares of this dramatic growth. Central Appalachia is one such region there are eight prisons alone in Eastern Kentucky. If Kentucky were its own country, it would have the seventh highest incarceration rate in the world. In Coal, Cages, Crisis: The Rise of the Prison Economy in Central Appalachia (NYU Press, 2022), Judah Schept takes a closer look at this stunning phenomenon, providing insight into prison growth, jail expansion and rising incarceration rates in America’s hinterlands. Judah Schept is Professor of Justice Studies at Eastern Kentucky University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What impact has two decades' worth of policing and counterterrorism had on the state of mind of Muslims in Britain? In The Suspect: Counterterrorism, Islam, and the Security State (Pluto Press, 2022), Rizwaan Sabir writes compellingly about his own experiences of wrongful arrest, detention and subsequent surveillance, placing these in the broader context of 21st century British counterterrorism practices and the policing of Muslims. Writing publicly for the first time about the traumatising mental health effects of these experiences, Sabir argues that these harmful outcomes are not the result of errors in government planning, but the consequences of using a counterinsurgency warfare approach to fight terrorism and police Muslims. To resist the injustice of these policies and practices, we need to centre the lived experiences of those subjected to them and build networks of solidarity and support. Dr Rizwaan Sabir (@RizwaanSabir) is a Lecturer (aka Assistant Professor) in Criminology at Liverpool John Moores University. His research concerns British counterterrorism policy and practice, especially the way in which counterinsurgency theory, doctrine, and practice have been integrated into the UK's domestic 'War on Terror' infrastructure. Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Listeners interested in British policing and surveillance may also appreciate this recent interview about Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022). Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Female Genius: Eliza Harriot and George Washington at the Dawn of the Constitution (U Virginia Press, 2022), Mary Sarah Bilder looks to the 1780s—the Age of the Constitution—to investigate the rise of a radical new idea in the English-speaking world: female genius. Bilder finds the perfect exemplar of this phenomenon in English-born Eliza Harriot Barons O’Connor. This pathbreaking female educator delivered a University of Pennsylvania lecture attended by George Washington as he and other Constitutional Convention delegates gathered in Philadelphia. As the first such public female lecturer, her courageous performance likely inspired the gender-neutral language of the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Guns hold a complex place in American culture. Over 30,000 Americans die each year from gun violence, and guns are intimately connected to issues of public health, as is evident whenever a mass shooting occurs. But guns also play an important role in many Americans’ lives that is not reducible to violence and death—as tools, sporting equipment, and identity markers. They are also central to debates about constitutional rights, as seen in ongoing discussions about the Second Amendment, and they are a continuous source of legislative concern, as apparent in annual ratings of gun-supporting legislators. Even as guns are wrapped up with other crucial areas of concern, they are also fundamentally a rhetorical concern. Guns and gun violence occupy a unique rhetorical space in the United States, one characterized by silent majorities, like most gun owners; vocal minorities, like the firearm industry and gun lobby; and a stalemate that fails to stem the flood of the dead. How Americans talk, deliberate, and fight about guns is vital to how guns are marketed, used, and regulated. A better understanding of the rhetorics of guns and gun violence can help Americans make better arguments about them in the world. However, where guns are concerned, rhetorical studies is not terribly different from American culture more generally. Guns are ever-present and exercise powerful effects, but they are commonly talked about in oblique, unsystematic ways. Rhetoric and Guns (Utah State UP, 2022) advances more direct, systematic engagement in the field and beyond by analyzing rhetoric about guns, guns in rhetoric, and guns as rhetoric, particularly as they relate to specific instances of guns in culture. The authors attempt to understand rhetoric’s relationship to guns by analyzing rhetoric about guns and how they function in and as rhetoric related to specific instances—in media coverage, political speech, marketing, and advertising. Original chapters from scholars in rhetorical studies, communication, education, and related fields elucidate how rhetoric is used to maintain and challenge the deadly status quo of gun violence in the United States and extend rhetoricians’ sustained interest in the fields’ relationships to violence, brutality, and atrocity. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Menachem Kaiser's book Plunder: A Memoir of Family Property and Nazi Treasure (Mariner Books, 2021) is set in motion when the author takes up his Holocaust-survivor grandfather's former battle to reclaim the family's apartment building in Sosnowiec, Poland. Soon, he is on a circuitous path to encounters with the long-time residents of the building, and with a Polish lawyer known as "The Killer." A surprise discovery--that his grandfather's cousin not only survived the war, but wrote a secret memoir while a slave laborer in a vast, secret Nazi tunnel complex--leads to Kaiser being adopted as a virtual celebrity by a band of Silesian treasure seekers who revere the memoir as the indispensable guidebook to Nazi plunder. Propelled by rich original research, Kaiser immerses readers in profound questions that reach far beyond his personal quest. What does it mean to seize your own legacy? Can reclaimed property repair rifts among the living? Plunder is both a deeply immersive adventure story and an irreverent, daring interrogation of inheritance--material, spiritual, familial, and emotional. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. Separating Church and State: A History (Cornell UP, 2022) traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law. Steven K. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state. Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts. Lane Davis is an Instructor of Religion at Huntingdon College. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Machine Learning for Criminology and Crime Research: At the Crossroads (Routledge, 2022) reviews the roots of the intersection between machine learning, artificial intelligence (AI), and research on crime; examines the current state of the art in this area of scholarly inquiry; and discusses future perspectives that may emerge from this relationship. As machine learning and AI approaches become increasingly pervasive, it is critical for criminology and crime research to reflect on the ways in which these paradigms could reshape the study of crime. In response, this book seeks to stimulate this discussion. The opening part is framed through a historical lens, with the first chapter dedicated to the origins of the relationship between AI and research on crime, refuting the novelty narrative that often surrounds this debate. The second presents a compact overview of the history of AI, further providing a nontechnical primer on machine learning. The following chapter reviews some of the most important trends in computational criminology and quantitatively characterizing publication patterns at the intersection of AI and criminology, through a network science approach. This book also looks to the future, proposing two goals and four pathways to increase the positive societal impact of algorithmic systems in research on crime. The sixth chapter provides a survey of the methods emerging from the integration of machine learning and causal inference, showcasing their promise for answering a range of critical questions. With its transdisciplinary approach, Machine Learning for Criminology and Crime Research is important reading for scholars and students in criminology, criminal justice, sociology, and economics, as well as AI, data sciences and statistics, and computer science. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

By 1990 the Berlin Wall had fallen and the East German state security service folded. For forty years, they had amassed more than a billion pages in manila files detailing the lives of their citizens. Almost a hundred thousand Stasi employees, many of them experienced officers with access to highly personal information, found themselves unemployed overnight. Ralph Hope’s The Grey Men: Pursuing the Stasi Into the Present (Oneworld, 2022) is the story of what they did next. Former FBI agent Ralph Hope uses present-day sources and access to Stasi records to track and expose ex-officers working everywhere from the Russian energy sector to the police and even the government department tasked with prosecuting Stasi crimes. He examines why the key players have never been called to account and, in doing so, asks if we have really learned from the past at all. He highlights a man who continued to fight the Stasi for thirty years after the Wall fell, and reveals a truth that many today don't want spoken. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Most existing literature regarding civil-military relations in the United States references either the Cold War or post-Cold War era, leaving a significant gap in understanding as our political landscape rapidly changes. Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War (Oxford UP, 2020) builds upon our current perception of civil-military relations, filling in this gap and providing contemporary understanding of these concepts. The authors examine modern factors such as increasing partisanship and political division, evolving technology, new dynamics of armed conflict, and the breakdown of conventional democratic and civil-military norms, focusing on the multifaceted ways they affect civil-military relations and American society as a whole. Lionel Beehner, Risa Brooks, and Daniel Maurer, serving as both editors of the volume and authors themselves, recruited contributing authors who come from a diversity of backgrounds, many of whom have served in the military, or in the foreign service, have worked as policy makers, and many who have held academic appointments in security studies, war studies, and at the military academies as well as at civilian institutions. Reconsidering American Civil-Military Relations helps to define and examine the roles and responsibilities of the military, civilian leadership, and the public, centering the sections of the book around these definitions, then delving deeper into the intricacies of their relations within the chapters in each section of the book. The first section of the book analyzes the military’s roles and responsibilities, focusing on limits of the military’s political activity as well as long-standing conventions and norms of professionalism that are part of the old Cold War structures. The second section explores the civilian side of the civil-military equation, particularly the role of the soldier, both as a member of society and a member of the military. This section also explores the marginalization of civilian voices in military policy making and factors that may contribute to that marginalization. The third section focuses on the relationship between society and the military, exploring societal attitudes toward the military and identifying how trends in partisanship and polarization are challenging civil-military relations. The fourth and final section of this volume examines the fragility and erratically fluid nature of our current historical moment, and how challenges in civil-military relations can arise from the changing realities of war, armed conflict, and domestic political dynamics. Emma R. Handschke assisted in the production of this podcast. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at [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

Cannabis "legalization" hasn't lived up to the hype. Across North America, investors are reeling, tax collections are below projections, and people are pointing fingers. On the business side, companies have shut down, farms have failed, workers have lost their jobs, and consumers face high prices. Why has legal weed failed to deliver on many of its promises? Can Legal Weed Win?: The Blunt Realities of Cannabis Economics (U California Press, 2022) takes on the euphoric claims with straight dope and a full dose of economic reality. This book delivers the unadulterated facts about the new legal segment of one of the world's oldest industries. In witty, accessible prose, economists Robin Goldstein and Daniel Sumner take readers on a whirlwind tour of the economic past, present, and future of legal and illegal weed. Drawing upon reams of data and their own experience working with California cannabis regulators since 2016, Goldstein and Sumner explain why many cannabis businesses and some aspects of legalization fail to measure up, while others occasionally get it right. Their stories stretch from before America's first medical weed dispensaries opened in 1996 through the short-term boom in legal consumption that happened during COVID-19 lockdowns. Can Legal Weed Win? is packed with unexpected insights about how cannabis markets can thrive, how regulators get the laws right or wrong, and what might happen to legal and illegal markets going forward. Robin Goldstein is an economist and author of The Wine Trials, a controversial exposé of wine snobbery that has become the world’s best-selling guide to cheap wine. Daniel Sumner is Frank H Buck, Jr. Distinguished Professor of Agriculture and Resource Economics at the University of California, Davis. Together they take readers on a tour of the economics of legal and illegal weed, showing where cannabis regulation has gone wrong and how it could do better. John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Knowledge Regulation and National Security in Postwar America (University of Chicago Press, 2022) is the first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Dr. Mario Daniels and Dr. John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. They argue that every single day beginning in the 1940s, US export controls have intervened in the global sharing of scientific-technological knowledge. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did Africans become 'blacks' in the Americas? Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (Cambridge UP, 2020) tells the story of enslaved and free people of color who used the law to claim freedom and citizenship for themselves and their loved ones. Their communities challenged slaveholders' efforts to make blackness synonymous with slavery. Looking closely at three slave societies - Cuba, Virginia, and Louisiana - Alejandro de la Fuente and Ariela J. Gross demonstrate that the law of freedom - not slavery - established the meaning of blackness in law. Contests over freedom determined whether and how it was possible to move from slave to free status, and whether claims to citizenship would be tied to racial identity. Laws regulating the lives and institutions of free people of color created the boundaries between black and white, the rights reserved to white people, and the degradations imposed only on black people. Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 202) Twitter: @DrBrandonJett1 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

International treaties are the primary means for codifying global human rights standards. However, nation-states are able to make their own choices in how to legally commit to human rights treaties. A state commits to a treaty through four commitment acts: signature, ratification, accession, and succession. These acts signify diverging legal paths with distinct contexts and mechanisms for rights change reflecting legalization, negotiation, sovereignty, and domestic constraints. How a state moves through these actions determines how, when, and to what extent it will comply with the human rights treaties it commits to. Using legal, archival, and quantitative analysis Committed to Rights: UN Human Rights Treaties and Legal Paths for Commitment and Compliance (Cambridge UP, 2021) shows that disentangling legal paths to commitment reveals distinct and significant compliance outcomes. Legal context matters for human rights and has important implications for the conceptualization of treaty commitment, the consideration of non-binding commitment, and an optimistic outlook for the impact of human rights treaties. Audrey L. Comstock is an Assistant Professor of Political Science in the School of Social and Behavioral Sciences at Arizona State University and Interim Director of the ASU Global Human Rights Hub. She received a PhD in Government from Cornell University. Her research focuses on the United Nations, international human rights law, negotiations, women's rights, and sexual exploitation and abuse. Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at [email protected] or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this groundbreaking work, Professor Brandon T. Jett unearths how police departments evolved with the urbanization of the Jim Crow South, to target African Americans through a variety of mechanisms of control and violence, such as violent interactions, unjust arrests, and the enforcement of segregation laws and customs. Race, Crime, and Policing in the Jim Crow South, published by Louisiana State University in July 2021, provides explanation and context to show the way that modern institution of policing in the United States has evolved from, but clings to historical patterns and attitudes that situate African Americans in positions of relative vulnerability in their interactions with police. Still, what surprises in Jett's work is the way that Black residents co-operated and even manipulated the police in aid of crime reduction and to extract services in the urban spaces that they lived. Vivid examples and rich detail provides the reader with a thorough understanding of criminal justice and the way that policing reinforced segregation during the Jim Crow era. Brandon T. Jett is a professor of history at Florida South Western State College. In 2017, he was awarded a William Nelson Cromwell Foundation Early Career Scholar Fellowship. You can listen to him host on New Books in The American South. Race, Crime Policing in the Jim Crow South was the Silver Medal Winner of the Florida Book Award in 2021. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Leading up to Mayday, the nationwide Day of Refusal, and Abolition May, Saronik talks with Sean Gordon about abolition as an historical movement to end the transatlantic slave trade and a transformative justice movement to abolish prisons and defund the police. The episode focuses on the relationship between absence and presence, destruction and reconstruction, in abolitionist narratives and thought, and makes reference to Angela Davis’s Abolition Democracy: Beyond Empire, Prisons, and Torture (2005), Mariame Kaba’s We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (2021), Tiffany Lethabo King’s The Black Shoals: Offshore Formations of Black and Native Studies (2019), and works by W. E. B. Du Bois, Ruth Wilson Gilmore, Frank Wilderson, and Jared Sexton. There is no doubt that abolition will save the world. Sean recently finished his PhD in English and American Studies at the University of Massachusetts Amherst. His research and teaching focus on nineteenth-century American literature, abolition, and the environmental humanities. You can visit the We Do This ‘Til We Free Us publisher’s website to donate copies of the book to people who are incarcerated. Image: “A is for Abolition”, one in the series titled Collidescopes by Julia Bernier Music used in promotional material: “Heartbeat” by ykymr Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In China and the International Human Rights Regime (Cambridge University Press, 2021), Rana Siu Inboden examines the evolution of China’s posture towards the U.N. human rights system since the early 1980s. The book examines in unprecedented details China’s role and impact on the complex negotiations between U.N. members over the International Covenant Against Torture and its optional protocol; the establishment of the U.N. Human Rights Council; and the monitoring powers of the International labour Organization. A former U.S. State Department official in the Bureau of Democracy, Labor and Human Rights, Inboden shows how China, through subtle yet persistent efforts, largely but not entirely successfully managed to constrain the U.N. human rights system. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power. In this interview, Inboden discusses her findings as well as more recent developments under the leadership of President Xi Jinping. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political corruption remains … one of the most intriguing and challenging issues in social science research and public policy, perhaps because although it occurs in virtually all polities, its causes, patterns, and consequences often seem unique to each circumstance. – Cadres and Corruption by Xiaobo Lu (2000) Corruption is rampant in many authoritarian regimes, leading most observers to assume that autocrats have little incentive or ability to curb government wrongdoing. Corruption Control in Authoritarian Regimes – Lessons from East Asia, published by Cambridge University Press in 2022, shows that meaningful anti-corruption efforts by nondemocracies are more common and more often successful than is typically understood. Drawing on wide-ranging analysis of authoritarian anti-corruption efforts globally and in-depth case studies of key countries such as China, South Korea and Taiwan over time, Dr. Carothers constructs an original theory of authoritarian corruption control. He disputes views that hold democratic or quasi-democratic institutions as necessary for political governance successes and argues that corruption control in authoritarian regimes often depends on a powerful autocratic reformer having a free hand to enact and enforce measures curbing government wrongdoing. His book advances our understanding of authoritarian governance and durability while also opening up new avenues of inquiry about the politics of corruption control in East Asia and beyond. Christopher Carothers is a scholar of comparative politics and most recently affiliated with the University of Pennsylvania’s Center for the Study of Contemporary China as a post-doctoral fellow. Professor Carothers research focuses on authoritarianism and corruption control with a regional focus on East Asia, and has written for Foreign Affairs, Foreign Policy, Politics and Society and the Journal of Democracy among others. Keith Krueger lectures in the SILC Business School at Shanghai University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Dr. Sofia Stolk’s The Opening Statement of the Prosecution in International Criminal Trials: A Solemn Tale of Horror (Routledge, 2021) addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. Dr. Stolk aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. This book aims to magnify the story of the opening statement where it becomes ambiguous, circular, repetition, self-referential, incomplete, and inescapable. It aims to uncover the specificities of a discourse that is built on and rebuilds paradoxes, to illuminate some of the absurdities that mark the foundations of the opening statements’ celebration of reason. More generally, it aims to show how the contradticion in the opening statement reflects foundational tensions that are productive and constituative of the field of international criminal law more broadly. Above all, [this book] shows how the opening statement aims to provide certainty where there is none. The book takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. Dr. Stolk shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this account of the rapid erosion of liberties, freedom of speech, freedom of the press and civil and political rights in Hong Kong, Mark L. Clifford's latest book provides an historically in-depth, vivid political analysis of the rapidly changing situation in Hong Kong. When the British ceased its period of colonial rule in 1997, and Hong Kong was returned to the governance of the People's Republic of China, then Chinese Communist Party Leader, Deng Xiaoping promised that Hong Kong would maintain its way of life for the next 50 years. This way of life, the rule of law, and independent judiciary, a democratically elected government, and the sorts of human rights which shape societies in liberal democracies worldwide, were also guaranteed in Hong Kong's mini-constitution - The Basic Law. However, less than halfway through this "One Country, Two Systems" experiment, Hong Kongers rights and freedoms, and its rule of law and the values which have come to form the basis of a unique Hong Konger identity have been crushed. Today Hong Kong, Tomorrow the World: What China's Crackdown Reveals about its plans to End Freedom Everywhere (St. Martin's Press, 2022) is hard to put down; It is not just the way that Clifford brings to life the characters and pivotal moments in the rising tide of oppression, but also the implications of the situation in Hong Kong for the rest of the world act as a profound warning. This book is unique for its on the ground analysis and the insight it provides in framing Hong Kong as the geopolitical nexus between libertarian values of the West and Communist China's political system. Mark L. Clifford is the president of the Committee for Freedom in Hong Kong. He holds a PhD in history from the University of Hong Kong. A Walter Bagehot Fellow at Columbia University, he lived in Asia from 1987 until 2021. Previously, Clifford was executive director of the Hong Kong-based Asia Business Council, the editor-in-chief of the South China Morning Post (Hong Kong), and publisher and editor-in-chief of The Standard (Hong Kong). He held senior editorial positions at BusinessWeek and the Far Eastern Economic Review in Hong Kong and Seoul. He has won numerous academic, book, and journalism awards. He was also on the board of directors of Next Digital; the company that published the pro-democracy newspaper, Apple Daily, before it was forced to shutdown in June 2021. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Innocent Until Proven Muslim: Islamophobia, the War on Terror, and the Muslim Experience Since 9/11 published in 2022 with Broadleaf Books, Maha Hilal describes how narratives of 9/11 and the war on terror have been constructed over the last twenty years and the various ways in which they have justified state violence against Muslims. Hilal offers answers to many questions, including and especially how the war on terror started, what its impact on American Muslims and Muslims abroad has been, and how to work to dismantle it. Hilal holds a PhD in Justice, Law, and Society from American University and has received many awards, including the Department of State's Critical Language Scholarship, the Kathryn Davis Fellowship for Peace, and a Reebok Human Rights Fellowship. The book is written accessibly, making difficult concepts and themes easy to follow and understand. It is easily assignable in undergraduate and graduate courses and makes for an essential read for policymakers and for anyone interested in the Muslim American experience post-9/11, and perhaps anyone who denies the existence of institutional Islamophobia and naively thinks the U.S. is the beacon of light and justice in the world—because this book shows with ample evidence that it’s not. In our conversation today, Hilal tells us the story of the origins of the book, what its contributions are, what makes it different from other books on Islamophobia, the roles that U.S. presidents since 9/11 have played in reinforcing and exacerbating Islamophobic rhetoric in the U.S. We also talk about the many U.S. policies, domestic as well as international, that legitimate the existence of Islamophobic state violence, the ways in which the FBI uses informants to entrap Muslims, the legal and narrative strategies that allow for the U.S. to commit extreme forms of torture against Muslims. We end with a discussion on internalized Islamophobia and, among other things, its harmful impact on Muslim Americans. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She can be reached at [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

Today’s Postscript uniquely engages abortion politics by addressing structural political issues (voter suppression, gerrymandering, dilutions of minority voting, obstacles to women registering their positions politically), inconsistencies in Justice Samuel Alito’s majority draft, the ascent of the medical profession, the intersection of race, gender, and religion, narratives of morality, the genesis of white evangelical opposition, myths created by popular culture and abortion stereotypes, and more. Dr. Lilly J. Goren (Professor of Political Science and Global Studies at Carroll University), Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati), Dr. Candis Watts Smith (Associate Professor of Political Science at Duke University and co-host of the Democracy Works Podcast) and Dr. Joshua C. Wilson (Professor of Political Science at the University of Denver). Some of the books and articles mentioned in the podcast: Diana Greene Foster, The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having – or Being Denied – an Abortion Rebecca Kreitzer’s amazing slide deck of abortion facts and recommended reading list. Rebecca Kreitzer and Candis Watts Smith in the Monkey Cage, “What Alito’s draft gets wrong about women and political power” Andrew Lewis, The Rights Turn in Conservative Christian Politics: How Abortion Transformed the Culture Wars Ziad Munson, The Making of Pro-life Activists:How Social Movement Mobilization WorksJosh Wilson, Separate But Faithful: The Christian Right’s Radical Struggle to Transform Law & Legal Culture Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Analyzing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation: Shafi'i Texts across the Indian Ocean and the Mediterranean (Cambridge University Press, 2022) focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, Africa and Europe. By examining the processes of the spread of legal texts and their roles in society, as well as thinking about how Afrasian Muslims responded to these new arrivals of thoughts and texts, Mahmood Kooria weaves together a narrative with the textual descendants from places such as Damascus, Mecca, Cairo, Malabar, Java, Aceh and Zanzibar to tell a compelling story of how Islam contributed to the global history of law from the thirteenth to the twentieth century. Mahmood Kooria is a researcher at Leiden University (the Netherlands) and a visiting faculty of history at Ashoka University (India). Earlier, he worked as a postdoctoral fellow at the Dutch Institute in Morocco (NIMAR); International Institute for Asian Studies (IIAS); and African Studies Centre, Leiden (ASCL). He received his PhD in Global History from Leiden University in 2016. Before this, he studied at the Centre for Historical Studies of Jawaharlal Nehru University (New Delhi, India) for his M.A. and M.Phil. in Ancient Indian History, and at Darul Huda Islamic University and the University of Calicut (both in Kerala, India) for Bachelors. In addition to numerous academic journal articles and book chapters, he has co-edited Malabar in the Indian Ocean: Cosmopolitanism in a Maritime Historical Region (2018) and Islamic Law in the Indian Ocean World: Texts, Ideas and Practices (2022). Currently he is writing a book on the matriarchal Muslim communities in East Africa and South and Southeast Asia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our contemporary political condition is obsessed with immunity. The immunity of bodies and the body politic; personal immunity and herd immunity; how to immunize the social system against breakdown. The obsession intensifies with every new crisis and the mobilization of yet more powers of war and police, from quarantine to border closures and from vaccination certificates to immunological surveillance. Engaging four key concepts with enormous cultural weight – Cell, Self, System and Sovereignty – The Politics of Immunity: Security and the Policing of Bodies (Verso, 2022) moves from philosophical biology to intellectual history and from critical theory to psychoanalysis to expose the politics underpinning the way immunity is imagined. At the heart of this imagination is the way security has come to dominate the whole realm of human experience. From biological cell to political subject, and from physiological system to the social body, immunity folds into security, just as security folds into immunity. The book thus opens into a critique of the violence of security and spells out immunity’s tendency towards self-destruction and death: immunity, like security, can turn its aggression inwards, into the autoimmune disorder. Wide-ranging and polemical, this book lays down a major challenge to the ways in which the immunity of the self and the social are imagined. In this interview, I spoke with Mark Neocleous about his fascinating and wide-ranging book The Politics of Immunity. We also spent time discussing his previous work on security and police power, the personal context informing this work, and connections with the ongoing UK undercover policing controversy (discussed in my previous interview with the authors of Deep Deception). Content warning: between 43-45 minutes into the podcast, there is a brief discussion of suicide in the context of Mark's forthcoming work. Mark Neocleous is Professor of the Critique of Political Economy at Brunel University in London, and is well-known for his influential work on police power and security. His recent books include The Universal Adversary: Security, Capital and 'The Enemies of All Mankind' (2016); War Power, Police Power (2014); and the newly-reissued A Critical Theory of Police Power: The Fabrication of Social Order (2021). Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prisons operate according to the clockwork logic of our criminal justice system: we punish people by making them “serve” time. The Cage of Days: Time and Temporal Experience in Prison (Columbia UP, 2022) combines the perspectives of K. C. Carceral, a formerly incarcerated convict criminologist, and Michael G. Flaherty, a sociologist who studies temporal experience. Drawing from Carceral’s field notes, his interviews with fellow inmates, and convict memoirs, this book reveals what time does to prisoners and what prisoners do to time. Carceral and Flaherty consider the connection between the subjective dimensions of time and the existential circumstances of imprisonment. Convicts find that their experience of time has become deeply distorted by the rhythm and routines of prison and by how authorities ensure that an inmate’s time is under their control. They become obsessed with the passage of time and preoccupied with regaining temporal autonomy, creating elaborate strategies for modifying their perception of time. To escape the feeling that their lives lack forward momentum, prisoners devise distinctive ways to mark the passage of time, but these tactics can backfire by intensifying their awareness of temporality. Providing rich and nuanced analysis grounded in the distinctive voices of diverse prisoners, The Cage of Days examines how prisons regulate time and how prisoners resist the temporal regime. Rachel Pagones is an acupuncturist, educator, and author based in Cambridge, England. Her book, Acupuncture as Revolution: Suffering, Liberation, and Love (Brevis Press) was published in 2021. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mark V. Tushnet's book The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 (Cambridge UP, 2022) describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eve Ng’s new book Cancel Culture: A Critical Analysis (Palgrave Macmillan, 2022), examines the phenomenon of "cancel culture" from a critical media studies perspective, as both cancel practices (what people and institutional actors do) and cancel discourses (commentary about cancelling). Ng traces multiple lines of origins for cancel practices and discourses, in the domains of Black communicative practices (e.g. cancelling relationship to "dissing"), celebrity and fan cultures, consumer culture (especially around consumer nationalist cancellings), and national politics (U.S. conservative criticisms of cancelling, and nationalist cancelling events in mainland China). Her analysis moves beyond popular press accounts about the latest targets of cancelling or familiar free speech debates, and underscores the different configurations of power associated with “cancel culture” in specific cultural and political contexts. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at [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

How Amazon combined branding and relationship marketing with massive distribution infrastructure to become the ultimate service brand in the digital economy. Amazon is ubiquitous in our daily lives—we stream movies and television on Amazon Prime Video, converse with Alexa, receive messages on our smartphone about the progress of our latest orders. In Buy Now: How Amazon Branded Convenience and Normalized Monopoly (MIT Press, 2022), Emily West examines Amazon's consumer-facing services to investigate how Amazon as a brand grew so quickly and inserted itself into so many aspects of our lives even as it faded into the background, becoming a sort of infrastructure that can be taken for granted. Amazon promotes the comfort and care of its customers (but not its workers) to become the ultimate service brand in the digital economy. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022), five women discuss their experiences of being manipulated into serious long-term relationships with undercover police officers. Through detective work and campaigning, these ‘spycops’ victims uncovered a hitherto-unknown practice whereby police officers were deployed for multiple years to surveil and report on activist groups. Many of these officers formed long-term intimate relationships with female activists; several also fathered children. The Metropolitan Police acknowledged in 2015 that these relationships were “a violation of the women’s human rights, an abuse of police power and caused significant trauma”. Yet the extent to which such long-term undercover deployment continues today is unknown. Since 1968, more than one thousand groups have been surveilled by undercover officers, with dozens of women deceived into relationships in the process. The vast majority of groups infiltrated were left-wing organizations, including feminist, anti-fascist, environmentalist, socialist and anti-apartheid campaigns. In this interview, Helen Steel and Alison shared their experiences of multi-year relationships with police officers and their ongoing fight for justice alongside other victims and supporters including Police Spies Out of Lives, The Campaign Opposing Police Surveillance and the Undercover Research Group. Helen also discussed the intersection of undercover policing with the McLibel case. Finally, Alison and Helen reflected upon what these undercover policing practices tell us about the nature of policing in the UK, and the implications of these practices for British democracy. This book is a timely and important contribution to our understanding of domestic security and surveillance, and essential reading for scholars of policing. Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this timely book, award-winning journalist and longtime Hong Konger, Louisa Lim, weaves together Hong Kong's fraught political and social history with her own first hand account of the spirit of an indelible city. In her latest book, Indelible City: Dispossession and Defiance in Hong Kong, published by Riverhead Books in April 2022, Lim reflects on attempts at the erosion of Hong Kong identity, to be replaced with a future that Beijing seeks to impose. Since the British takeover in 1842, through to the tumultuous period of political upheaval to 2020, Lim weaves the personal stories of local Hong Kongers to provide an authentic, textured account of a place, its people and a spirit which continues to endure. Long-time Hong Konger Lousia Lim is a Senior Lecturer in audio-visual journalism, culture and communication at The University of Melbourne. She spent many years as a journalist in Hong Kong and China. Her first book, The People's Republic of Amnesia: Tiananmen Revisited, was shortlisted for the Orwell Prize for Political Writing and the Helen Bernstein Prize for Excellence in Journalism. She co-hosts The Little Red Podcast, an award-winning podcast on China. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. Raymond Kwun-Sun Lau's book Responding to Mass Atrocities in Africa: Protection First and Justice Later (Routledge, 2021) provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a 'Protection First, Justice Later' sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses. Christopher P. Davey is Visiting Assistant Professor at Clark University's Strassler Center for Holocaust and Genocide Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Legal precarity, mobility, and the criminalization of migrants complicate the study of forced migration and exile. Traditional methodologies can obscure both the agency of displaced people and hierarchies of power between researchers and research participants. This project critically assesses the ways in which knowledge is co-created and reproduced through narratives in spaces of displacement, advancing a creative, collective, and interdisciplinary approach. Documenting Displacement: Questioning Methodological Boundaries in Forced Migration Research (McGill-Queen's UP, 2022) explores the ethics and methods of research in diverse forced migration contexts and proposes new ways of thinking about and documenting displacement. Each chapter delves into specific ethical and methodological challenges, with particular attention to unequal power relations in the co-creation of knowledge, questions about representation and ownership, and the adaptation of methodological approaches to contexts of mobility. Contributors reflect honestly on what has worked and what has not, providing useful points of discussion for future research by both established and emerging researchers. Innovative in its use of arts-based methods, Documenting Displacement invites researchers to explore new avenues guided not only by the procedural ethics imposed by academic institutions, but also by a relational ethics that more fully considers the position of the researcher and the interests of those who have been displaced. Lois Klassen is an artist, writer and researcher based on Coast Salish Territory (traditional and unceded) in what is referred to as Vancouver. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Artificial intelligence, or AI for short, has generated a staggering amount of hype in the past several years. Is it the game-changer it's been cracked up to be? If so, how is it changing the game? How is it likely to affect us as customers, tenants, aspiring homeowners, students, educators, patients, clients, prison inmates, members of ethnic and sexual minorities, and voters in liberal democracies? Authored by experts in fields ranging from computer science and law to philosophy and cognitive science, A Citizen's Guide to Artificial Intelligence (MIT Press, 2022) offers a concise overview of moral, political, legal and economic implications of AI. It covers the basics of AI's latest permutation, machine learning, and considers issues such as transparency, bias, liability, privacy, and regulation. Both business and government have integrated algorithmic decision support systems into their daily operations, and the book explores the implications for our lives as citizens. For example, do we take it on faith that a machine knows best in approving a patient's health insurance claim or a defendant's request for bail? What is the potential for manipulation by targeted political ads? How can the processes behind these technically sophisticated tools ever be transparent? The book discusses such issues as statistical definitions of fairness, legal and moral responsibility, the role of humans in machine learning decision systems, “nudging” algorithms and anonymized data, the effect of automation on the workplace, and AI as both regulatory tool and target. Dr John Zerilli is a philosopher with particular interests in cognitive science, artificial intelligence, and the law. He is currently a Leverhulme Fellow at the University of Oxford, a Research Associate in the Oxford Institute for Ethics in AI, and an Associate Fellow in the Centre for the Future of Intelligence at the University of Cambridge. Frances Sacks is a journalist and graduate of Wesleyan University where she studied in the Science and Society Program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974. The Long Land War: The Global Struggle for Occupancy Rights (Yale UP, 2022) provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet. Jo Guldi is associate professor of history at Southern Methodist University, where she teaches courses on the history of Britain, the British Empire, modern development policy, and property law. She is the author of Roads to Power: Britain Invents the Infrastructure State and (with David Armitage) The History Manifesto and lives in Richardson, Texas. Twitter. Website. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!: Why Data Security Law Fails and How to Improve It (Oxford UP, 2022), Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself. Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more. Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It’s no secret that the United States has the most expansive prison system of any nation in the world. And the US carceral system overwhelmingly and unjustly impacts Black and Brown individuals and communities. With postwar efforts to dismantle Jim Crow policies, our era of mass incarceration reproduced the old logics of white supremacism that uphold racist capitalism in this new setting. These are the things we know. But in his book, Silent Cells: The Secret Drugging of Captive America (U Minnesota Press, 2019), Professor Anthony Hatch observes a feature of mass incarceration essential to its everyday function that many of us had never considered: the large-scale, persistent use of psychotropic drugs, including antipsychotics and antidepressants, not for medical care but rather to control the behavior of incarcerated people. Making a persuasive claim drawn from his training in STS and sociology, Hatch observes how the drugs are used at the level of individual brain chemistry to commit “soul murder” with enormous systemic implications and political stakes. What’s more, the carceral elites’ use of psychotropic drugs for the purposes of pacification, not care, of their wards extends to other (often state-backed) settings of “captive America,” including the military, foster care, elder care, and international detention centers. “Is it possible for the US carceral state to exist without psychotropics,” Hatch asks. “I think we can say the answer is no.” Silent Cells accomplishes more than the (important) tasks of documentation and analysis. It is a work of liberatory social science. The book is of a piece with Hatch’s abolitionist agenda that he pursues through his generous and generative scholarly and activist engagements, including his work as director of the Black Box teaching laboratory and chair of the Program in Science in Society at Wesleyan University. This interview was a collaborative effort among Professor Laura Stark and students at Vanderbilt University in the course “Prison.” Please email Laura with any feedback on the interview or questions about the collaborative interview process: [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

The attacks of 9/11 changed the course of the global counter-terrorism order which has entrenched a system of global governance. This institutional creep is arguably eroding national borders, spheres of domestic governance, human rights, and seeps into the daily lives of ordinary citizens in largely unforeseen aspects. Perhaps just as alarming, there is limited accountability on the part of either international institutions, state or private actors of who are instigators in this ever-expansive transnational counter-terror framework. In this conversation, Professor Fiona de Londras and I discuss these and other issues in her latest book, The Practice and Problems of Transnational Counter-Terrorism, published by Cambridge University Press in 2022. This is serious stuff, which is relevant to international lawyers, constitutional law experts, human rights activists and anyone who is concerned about the implications of the expanding sphere of the institution of transnational counter-terrorism and how it impacts the day to day lives of every person. Professor Fiona de Londras is the Chair of Global Legal Studies at the University of Birmingham Law School, at The University of Birmingham. Her research concerns constitutionalism, human rights, transnationalism, reproductive rights (especially abortion law), and the development and domestic impacts of the European Convention on Human Rights. Her work has been funded by the European Commission, the British Academy, the Joseph Rowntree Charitable Trust, and the Leverhulme Trust. In 2017 she was awarded the Philip Leverhulme Prize in law, awarded to recognise the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising. Listen here to a previous interview for the New Books Network with Professor de Londras and Associate Professor Cora Chan on their edited volume, China's National Security: Endangering Hong Kong's Rule of Law? Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law