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New Books in Law

New Books in Law

1,850 episodes — Page 18 of 37

Ep 6Rachel Hall Sternberg, "The Ancient Greek Roots of Human Rights" (U Texas Press, 2021)

Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights (U Texas Press, 2021) analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values. Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the public acceptance of emotion that encouraged the birth and rebirth of humane values. Rachel Hall Sternberg is an associate professor of classics and history at Case Western Reserve University. She is the author of Tragedy Offstage: Suffering and Sympathy in Ancient Athens and editor of Pity and Power in Ancient Athens. Jackson Reinhardt is a graduate of University of Southern California and Vanderbilt University. He is currently an independent scholar, freelance writer, and research assistant. You can reach Jackson at [email protected] and follow him on Twitter @JTRhardt Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 26, 202238 min

Ep 10The Future of Race: A Discussion with John McWhorter

Race is the subject of passionate and increasingly angry debate. But amidst all the talk of unconscious bias it’s an area into which many fear to tread. In this podcast Professor McWhorter of Colombia University outlines his sometimes controversial views on these issues and explains why he wants to debate them in public. His latest book is Woke Racism: How a New Religion Has Betrayed Black America (Portfolio, 2021). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 26, 202239 min

Ep 28Florence Ashley, "Banning Transgender Conversion Practices: A Legal and Policy Analysis" (U British Columbia Press, 2022)

NB: This interview contains explicit language. In Banning Transgender Conversion Practices: A Legal and Policy Analysis (U British Columbia Press, 2022), bioethicist and jurist Florence Ashley historicizes recent developments in bans on transgender conversion practices, explains the legal implications of various conversion therapy bans, and argues for implementation that comes alongside education and action by professional orders. This book would be of great interest to sociolegal scholars, policymakers, those working in healthcare, and scholars simply seeking to further understand the enactment of bans on transgender conversion practices. Survivors of conversion practices – interventions meant to stop gender transition – have likened the process to torture. Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations. Florence Ashley can be found on Twitter (https://twitter.com/ButNotTheC...), with their extensive publications available on their website (https://www.florenceashley.com...). Rine Vieth (https://rinevieth.carrd.co/) is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 26, 202248 min

Ep 2Michael L. Walker, "Indefinite: Doing Time in Jail" (Oxford UP, 2022)

Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American jails admit over ten million people every year, but very little is known about what happens to them while they're locked away. Indefinite: Doing Time in Jail (Oxford UP, 2022) is an ethnographic study of a California county jail that reflects on what it means to do jail time and what it does to men. Michael L. Walker spent several extended spells in jail, having been arrested while trying to pay parking tickets in graduate school. This book is an intimate account of his experience and in it he shares the routines, rhythms, and subtle meanings that come with being incarcerated. Walker shows how punishment in jail is much more than the deprivation of liberties. It is, he argues, purposefully degrading. Jail creates a racial politics that organizes daily life, moves men from clock time to event time, normalizes trauma, and imbues residents with substantial measures of vulnerability. Deputies used self-centered management styles to address the problems associated with running a jail, some that magnified individual conflicts to potential group conflicts and others that created divisions between residents for the sake of control. And though not every deputy indulged, many gave themselves over to the pleasures of punishment. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 202235 min

Ep 94Clayton Howard, "The Closet and the Cul-de-Sac: The Politics of Sexual Privacy in Northern California" (U Pennsylvania Press, 2019)

"I don't care what people do in their bedroom, but do they need to flaunt it?" This sentiment is a common refrain in American culture and politics when talking about LGBTQ rights, and as Ohio State historian Dr. Clayton Howard argues, it's a sentence with a history. In The Closet and the Cul-de-Sac: The Politics of Sexual Privacy in Northern California (University of Pennsylvania, 2019), Howard traces the history of the idea of sexual privacy back to the era immediately after World War II, when the "Straight State" began more aggressively incentivizing and policing hetero- and homosexuality respectively. Through acts such as the GI Bill, housing became a central battleground in the Bay Area for determining what normative sex looked like. Soon, churches, schools, and the steps of city hall, all became fronts in a culture war that, as Howard argues, was not quite as black-and-white as scholars sometimes make it seem. Today, legislation such as Florida's so-called "Don't Say Gay" bill have their roots in debates over laws such as California's Briggs Initiative and indeed, stretch all the way back to San Francisco's mid-20th century life as a hub for military life in the Pacific. The Closet and the Cul-de-Sac is an in-depth look at how even the most private areas of an individual's life are often in fact very public indeed. Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 20221h 3m

Ep 236Charles Alistair McCrary, "Sincerely Held: American Secularism and Its Believers" (U Chicago Press, 2022)

"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion. McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state. This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era. Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis. Read more by Charles McCrary: "The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022 "The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022 "The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 202255 min

Ep 598Suzanne E. Scoggins, "Policing China: Street-Level Cops in the Shadow of Protest" (Cornell UP, 2021)

China has the reputation for being a strong security state. After the pro-democracy Tiananmen protests, the Chinese government moved to increase stability maintenance – and that approach is reflected in today’s suppression of social unrest in Xinjiang where somewhere between 800,000-2 million members of the Uighur minority have been interned in camps. Throughout the country, the government has maintained stability by installing millions of cameras. The Chinese and International press emphasize these actions – projecting a view of China as a strong security state. But Suzanne E. Scoggins argues that the decision to prioritize stability maintenance comes at the expense of everyday policing. In remarkable interviews with police officers and analysis of policing journal articles she assesses resource allocation, police reforms, and structural patterns of control – to find a weak police force unable to protect citizens against violent crime. Policing China: Street-Level Cops in the Shadow of Protest (Cornell UP, 2021) provides a surprising – and more accurate – understanding of how the police function in China – how they can be so ineffective at everyday crime management while still being very good at stability maintenance. The podcast includes a remarkable conversation about how research access in China is changing – as well as the role of the National Committee on US-China Relations. Dr. Suzanne E. Scoggins is an Assistant Professor of Political Science and Director of Asian Studies at Clark University. She is also a Public Intellectuals Program Fellow at The National Committee on United States-China Relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 202256 min

Ep 294Kristin Henning, "The Rage of Innocence: How America Criminalizes Black Youth" (Pantheon Books, 2021)

Drawing upon twenty-five years of experience rep­resenting Black youth in Washington, D.C.'s juve­nile courts, Kristin Henning confronts America's irrational, manufactured fears of these young peo­ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of rac­ism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White Amer­ica and are denied healthy adolescent development. She examines the criminalization of Black adoles­cent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprece­dented, worldwide outrage at racial injustice and inequality, The Rage of Innocence: How America Criminalizes Black Youth (Pantheon Books, 2021) is an essential book for our moment. Donations to the Georgetown Law Juvenile Justice Clinic and Initiative can be made here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 20221h 3m

Ep 27David P. Forsythe, "Advanced Introduction to the Politics of International Human Rights" (Edward Elgar, 2021)

“Human rights in public policy are constructed by diplomats and politicians in an international legislative process, not discovered amongst the clouds of metaphysics.” In "Advanced Introduction to the Politics of International Human Rights (Edward Elgar, 2021), David P. Forsythe, general editor of the Oxford Encyclopedia of Human Rights (5 vol.) and pioneer of the field of human rights and international relations studies distills insights gained over his long career about the progress and challenges of the human rights enterprise in a world that remains structured by a life-and-death competition between territorial states. A self-defined “liberal realist” Forsythe believes that “individuals can make a difference in constructing a world sympathetic to human rights – up to a point”. In this slim volume, he stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery. Nicholas Bequelin is a human rights practitioner with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 25, 20221h 17m

Ep 225Nandita Sharma, "Home Rule: National Sovereignty and the Separation of Natives and Migrants" (Duke UP, 2020)

In today's program, we speak to Nandita Sharma, activist scholar and Professor of Sociology at the University of Hawai'i at Manoa. We talk about Home Rule: National Sovereignty and the Separation of Natives and Migrants (Duke University Press, 2020). In Home Rule, Sharma brilliantly traces the "historical formation and political separation of Natives and Migrants from the nineteenth century to the present to theorize the portrayal of Migrants as 'colonial invaders.'" She theorizes the Postcolonial New World Order of nation-states wherein the category of the Native (initially referred to as such to demarcate colonized status) has been revitalized and claims to autochthony have become the basis of "true national belonging." In consequence, migrants have been facing exclusion, expulsion, and even extermination. The hardening of nationalisms in the Postcolonial New World Order has contained demands for decolonization, leaving their potential unfulfilled. Sharma forcefully and convincingly shows that the only way forward is by building a common wherein the ruling categories of Native and Migrant are dissolved. Jochen Schmon is a PhD Student in Politics at the New School for Social Research. You can reach him on Twitter @JohenShmon. Deren Ertas is a PhD Candidate in the joint program in History and Middle Eastern Studies at Harvard University. You can reach her own Twitter @drnrts. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 20, 20221h 5m

Ep 59The University Network for Human Rights: A Discussion with Jim Calvallaro

The University Network for Human Rights facilitates supervised undergraduate engagement in the practice of human rights at colleges and universities in the United States and across the globe. The University Network partners with advocacy organizations and communities affected or threatened by abusive state, corporate, or private conduct to advance human rights at home and abroad; trains undergraduate students in interdisciplinary human rights protection and advocacy; and collaborates with academics and human rights practitioners in other parts of the world to foster the creation of practical, interdisciplinary programs in human rights. James (Jim) Cavallaro is Executive Director of the University Network for Human Rights. He has taught human rights law and practice for nearly a quarter-century, most recently at Wesleyan University, Stanford Law School (2011-2019), and Harvard Law School (2002-2011). Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 18, 202243 min

Ep 597Kelly Bauer, "Negotiating Autonomy: Mapuche Territorial Demands and Chilean Land Policy" (U Pittsburgh Press, 2021)

The 1980s and '90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples' rights. In Negotiating Autonomy: Mapuche Territorial Demands and Chilean Land Policy (U Pittsburgh Press, 2021), Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to Indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy. Kelly Bauer is an Assistant Professor of Political Science at Nebraska Wesleyan University, and member of the Red De Politólogas – #NoSinMujeres. Her research and teaching examine state policy and rhetoric about Indigenous rights, irregular migration, and human security regimes in South America. She also researches pedagogy and knowledge production in political science classrooms, and migration politics and rhetoric in Nebraska. Her work has been externally funded by the U.S. Fulbright Program, Inter-American Foundation’s Grassroots Development Fellowship, and APSA Centennial Center. Lamis Abdelaaty is an assistant professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at [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

Apr 18, 202250 min

Ep 46Maia Szalavitz, "Undoing Drugs: The Untold Story of Harm Reduction and the Future of Addiction" (Hachette, 2021)

Undoing Drugs: The Untold Story of Harm Reduction and the Future of Addiction (Hachette Go, 2021) tells a long-running, but largely unknown, story of how a few people and groups – propelled at first by the AIDS pandemic -- swam against one of the most powerful policy tides in America – our nation’s 50-year war on drugs. Maia Szalavitz’s book is a personal and political history of the idea of harm reduction, which is a philosophy, a set of health practices, and a call to action. Harm reduction is a powerful alternative to virtually all of the “conventional wisdom” about drugs and drug policy. Harm reduction starts by asserting that the health and safety of drug users, their families, and their communities should be the top priority of drug policy. Undoing Drugs is a global story, with stops in Liverpool, Amsterdam, the San Francisco Bay Area, Vancouver, Glasgow, and New York. By giving life to the saying that “the personal is political,” Szalavitz shows how America might still turn away from the massive failures of the drug war to embrace an approach that seeks to put people first. Steve Beitler’s work in the history of medicine focuses on how pain has been understood, treated, experienced, and represented. Recently published articles examined the history of opiates in American football and surveyed the history of therapeutic drugs. He can be reached at [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

Apr 15, 202249 min

Ep 267Matt Sheedy, "Owning the Secular: Religious Symbols, Culture Wars, Western Fragility " (Routledge, 2021)

In Owning the Secular: Religious Symbols, Culture Wars, Western Fragility (Routledge, 2021), Matt Sheedy, Visiting Assistant Professor at the University of Bonn, Germany, examines three case studies dealing with religious symbols and cultural identity. Drawing on theories of discourse analysis and ideology critique, this study calls attention to an evolution in how secularism, nationalism, and multiculturalism in Europe and North America are debated and understood as competing groups contest and rearrange the meaning of these terms. This is especially true in the digital age as online cultures have transformed how information is spread, how we imagine our communities, build alliances, and produce shared meaning. From recent attempts to prohibit religious symbols in public, to Trump’s so-called Muslim bans, to growing disenchantment with the promises of digital media, Owning the Secular turns the lens how nation-states, organizations, and individuals attempt to "own" the secular to manage cultural differences, shore up group identity, and stake a claim to some version of Western values amidst the growing uncertainties of neoliberal capitalism. In our conversation we discussed the secular, secularization, and secularism, the role of social media in contemporary cultural wars, anxieties about veiling practices in secular societies, the use of law in governing religion, the New Atheist movement, ex-Muslims, and how media shapes public understandings of Muslims. Kristian Petersen is an Assistant Professor of Philosophy & Religious Studies at Old Dominion University. You can find out more about his work on his website, follow him on Twitter @BabaKristian, or email him at [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

Apr 15, 20221h 1m

Ep 59Tom Theuns, "The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7" (2022)

"The rule of law is a means by which [western EU members] want to knead us into something that resembles them," warned Viktor Orbán during his successful campaign for a fourth consecutive term as Hungary's prime minister. Yet, until Russia's invasion of Ukraine, the EU has held back on the demands it makes of members regarding core democratic norms and values. For a decade, the EU's institutions and most of its members have worried about the possibility of the emergence of a full autocracy within its borders but have been held back by diplomatic interests and the constraints imposed by unanimity in the use of Article 7 of the Treaty on European Union. The war, Orbán's re-election, a split in the Polish-Hungarian axis, and the lengthening queue of eastern membership applicants have changed the backdrop. The political will to ensure a liberal-democratic union has been reinforced but Article 7 is still inadequate to the task. Tom Theuns, assistant professor of political theory and European politics at Leiden University’s Institute of Political Science, has a nuclear option in his new paper: The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7 (Res Publica, Springer - 2022)*. *https://link.springer.com/arti... Mentioned: Memory and the future of Europe: Rupture and integration in the wake of total war by Peter Verovšek (Manchester University Press, 2020) and Adding a Bite to a Bark? A Story of Article 7, the EU Enlargement, and Jörg Haider by Wojciech Sadurski (Sydney Law School Research Paper No. 10/01) *The authors' book recommendations are: Technopopulism: The New Logic of Democratic Politics by Christopher Bickerton and Carlo Invernizzi Accetti (OUP Oxford, 2021) and The Goldfinch by Donna Tartt (Little Brown, 2013). Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 14, 202242 min

Ep 315Jennifer Petersen, "How Machines Came to Speak: Media Technologies and Freedom of Speech" (Duke UP, 2022)

In How Machines Came to Speak: Media Technologies and Freedom of Speech (Duke University Press, 2022), Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens. Jennifer Petersen is an Associate Professor of Communication at the Annenberg School for Communication and Journalism at the University of Southern California. She is the director of the graduate certificate program in Science and Technology Studies and is affiliated with the Center for Law, History, and Culture. Before arriving at USC, she worked at the University of Virginia, where she was an affiliate with the Department of Women, Gender, and Sexuality. She is also a former Lenore Annenberg and Wallis Annenberg Fellow in Communication at the Center for Advanced Studies in the Behavioral Sciences (CASBS) at Stanford University. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 14, 202241 min

Ep 223Erin Metz McDonnell, "Patchwork Leviathan: Pockets of Bureaucratic Effectiveness in Developing States" (Princeton UP, 2020)

Corruption and ineffectiveness are often expected of public servants in developing countries. However, some groups within these states are distinctly more effective and public oriented than the rest. Why? Patchwork Leviathan (Princeton UP, 2020) explains how a few spectacularly effective state organizations manage to thrive amid general institutional weakness and succeed against impressive odds. Drawing on the Hobbesian image of the state as Leviathan, Erin Metz McDonnell argues that many seemingly weak states actually have a wide range of administrative capacities. Such states are in fact patchworks sewn loosely together from scarce resources into the semblance of unity. McDonnell demonstrates that when the human, cognitive, and material resources of bureaucracy are rare, it is critically important how they are distributed. Too often, scarce bureaucratic resources are scattered throughout the state, yielding little effect. McDonnell reveals how a sufficient concentration of resources clustered within particular pockets of a state can be transformative, enabling distinctively effective organizations to emerge from a sea of ineffectiveness. Patchwork Leviathan offers a comprehensive analysis of successful statecraft in institutionally challenging environments, drawing on cases from contemporary Ghana and Nigeria, mid-twentieth-century Kenya and Brazil, and China in the early twentieth century. Based on nearly two years of pioneering fieldwork in West Africa, this incisive book explains how these highly effective pockets differ from the Western bureaucracies on which so much state and organizational theory is based, providing a fresh answer to why well-funded global capacity-building reforms fail—and how they can do better. Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 12, 20221h 5m

Ep 26Elisabeth Anderson, "Agents of Reform: Child Labor and the Origins of the Welfare State" (Princeton UP, 2021)

The beginnings of the modern welfare state are often traced to the late nineteenth-century labor movement and to policymakers’ efforts to appeal to working-class voters. But in Agents of Reform: Child Labor and the Origins of the Welfare State (Princeton UP, 2021), Elisabeth Anderson shows that the regulatory welfare state began a half-century earlier, in the 1830s, with the passage of the first child labor laws. Agents of Reform tells the story of how middle-class and elite reformers in Europe and the United States defined child labor as a threat to social order, and took the lead in bringing regulatory welfare into being. They built alliances to maneuver around powerful political blocks and instituted pathbreaking new employment protections. Later in the century, now with the help of organized labor, they created factory inspectorates to strengthen and routinize the state’s capacity to intervene in industrial working conditions. Agents of Reform compares seven in-depth case studies of key policy episodes in Germany, France, Belgium, Massachusetts, and Illinois. Foregrounding the agency of individual reformers, it challenges existing explanations of welfare state development and advances a new pragmatist field theory of institutional change. In doing so, it moves beyond standard narratives of interests and institutions toward an integrated understanding of how these interact with political actors’ ideas and coalition-building strategies. Agents of Reform is a pathbreaking contribution to our understanding of the emergence of the welfare state and the role of social movements in political reform. Javier Mejia is an economist teaching at Stanford University, whose work focuses on the intersection between social networks and economic history. His interests extend to topics on entrepreneurship and political economy with a geographical specialty in Latin America and the Middle East. He received a Ph.D. in Economics from Los Andes University. He has been a Postdoctoral Associate and Lecturer at New York University--Abu Dhabi and a Visiting Scholar at the University of Bordeaux. He is a regular contributor to different news outlets. Currently, he is Forbes Magazine op-ed columnist. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 11, 20221h 7m

Ep 14Patrick J. McDonagh, "Gay and Lesbian Activism in the Republic of Ireland, 1973-93" (Bloomsbury, 2021)

Ireland’s 2015 Marriage Equality referendum is often framed as an incredible achievement just twenty years after sex between men was decriminalized (1993). But starting the story of gay and lesbian rights in Ireland in 1993 is misleading; the work and roots of the major reforms of the 1990s and twenty-first century are in the 1970s, when gay and lesbian activists formed organizations, lobbied for legislative change, and, perhaps most importantly, engaged in the essential work of shifting public perception of same-sex love. In his 2021 book Gay and Lesbian Activism in the Republic of Ireland, 1973-1993, Patrick McDonagh chronicles the work of the groups and individuals who helped shape Ireland into the state it is today. Join us as we chat about the isolation of being gay in a conservative Catholic nation, the fortitude of Ireland’s gay and lesbian groups, and the revolutionary possibilities of Saturday night discos. Averill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 8, 202234 min

Ep 1Todd R. Clear and Natasha A. Frost, "The Punishment Imperative: The Rise and Failure of Mass Incarceration in America" (NYU Press, 2015)

Over the last 40 years, the US penal system has grown at an unprecedented rate―five times larger than in the past and grossly out of scale with the rest of the world. In The Punishment Imperative: The Rise and Failure of Mass Incarceration in America (New York University Press, 2013), criminologists Todd Clear and Natasha Frost argue that America’s move to mass incarceration from the 1960s to the early 2000s was more than just a response to crime or a collection of policies adopted in isolation; it was a grand social experiment. Tracing a wide array of trends related to the criminal justice system, this book charts the rise of penal severity in America and speculates that a variety of force have finally come together to bring this great social experiment to an end. Todd R. Clear is University Professor of Criminal Justice at Rutgers University, Newark. He was also the founder of Rutgers University-Newark’s New Jersey Scholarship and Transformative Education in Prisons (NJ-STEP) consortium. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 7, 20221h 4m

Ep 53Karl Kitching, "Childhood, Religion and School Injustice" (Cork UP, 2020)

In Childhood, Religion, and School Injustice (Cork University Press, 2020), Dr. Karl Kitching examines how debates about religion and education internationally often presume the neutrality of secular education governance as an irrefutable public good. However, understandings of secular freedom, rights and neutrality in schooling are continuously contested, and social movements have disrupted the notion that there is a uniform public to be educated. Simultaneously, unjust, neoliberal and majoritarian education policies constantly undermine collective notions of what is good and just. Dr. Kitching presents original empirical research on how religious and secular schools are positioned as competitors for parents’ attention, and shows how inequalities shape parents’ interest in, and access to, both secular and religious schools. Kitching particularly explores how children in urban and rural settings negotiate the joys, pleasures, paradoxes and injustices of schooling and childhood. He outlines ways in which children’s social positions, relationships and encounters with religious and consumer objects inform who they can become, and who and what they value. Drawing on the above research, Childhood, Religion and School Injustice demonstrates the need to engage with each child’s plurality, and to recognise multiple inequalities experienced by families across schools. Given that the mass privatisation and deregulation of schooling favours majority and advantaged social groups, Kitching argues for the becoming public of school systems and localities. In such a process, majoritarian, narrow self-interest is challenged, unchosen obligations to others are recognised, and collective imaginings of what a ‘good’ childhood is, are publicly engaged. Dr. Karl Kitching joined the School of Education, University of Birmingham in June 2020 as a Reader in Education Policy. Previously he was a Senior Lecturer in Education, and Director of Equality, Diversity and Inclusion at University College Cork, Ireland. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. [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

Apr 5, 20221h 10m

Ep 12Mark Newman, "Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992" (UP of Mississippi, 2018)

In Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992 (UP of Mississippi, 2018), Mark Newman draws on a vast range of archives and many interviews to uncover for the first time the complex response of African American and white Catholics across the South to desegregation. In the late nineteenth and first half of the twentieth century, the southern Catholic Church contributed to segregation by confining African Americans to the back of white churches and to black-only schools and churches. However, in the twentieth century, papal adoption and dissemination of the doctrine of the Mystical Body of Christ, pressure from some black and white Catholics, and secular change brought by the civil rights movement increasingly led the Church to address racial discrimination both inside and outside its walls. Far from monolithic, white Catholics in the South split between a moderate segregationist majority and minorities of hard-line segregationists and progressive racial egalitarians. While some bishops felt no discomfort with segregation, prelates appointed from the late 1940s onward tended to be more supportive of religious and secular change. Some bishops in the peripheral South began desegregation before or in anticipation of secular change while elsewhere, especially in the Deep South, they often tied changes in the Catholic churches to secular desegregation. African American Catholics were diverse and more active in the civil rights movement than has often been assumed. While some black Catholics challenged racism in the Church, many were conflicted about the manner of Catholic desegregation generally imposed by closing valued black institutions. Tracing its impact through the early 1990s, Newman reveals how desegregation shook congregations but seldom brought about genuine integration. Winner of the 2020 American Studies Network Book Prize from the European Association for American Studies Allison Isidore is the Assistant Director for the American Catholic Historical Association and is an Instructor of Record for the Religious Studies department at the University of Alabama. Her research interest is focused on the twentieth-century American Civil Rights Movement and the Catholic Church’s response to racism and the participation of Catholic clergy, nuns, and laypeople in marches, sit-ins, and kneel-ins during the 1950s and 1960s. Allison is also a Video Editor for The Religious Studies Project, producing videos for the podcast and marketing team. She tweets from @AllisonIsidore1. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 1, 202244 min

Ep 124Marie Muschalek, "Violence as Usual: Policing and the Colonial State in German Southwest Africa" (Cornell UP, 2019)

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state. Nicole Coleman is Assistant Professor of German at Wayne State University. She tweets @drnicoleman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 31, 20221h 1m

Ep 154Joseph Fishkin and William E. Forbath, "The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy" (Harvard UP, 2022)

Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the “republican form of government” the Constitution requires. Today, courts enforce the constitution as if it had almost nothing to say about this threat. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) is a bold call to reclaim an American tradition that argues the constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. In this revolutionary retelling of constitutional history, Dr. Joseph Fishkin and Dr. William Forbath show that a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Dr. Fishkin and Dr. Forbath argue that “The constitutional order does rest and depend on a political-economic order. That political-economic order does not maintain itself. It requires action (as well as forbearance from action) from each part of the government. The content of what is required changes radically over time in a dynamic way in response to changes in the economy and in politics. But we believe the basic principles of the democracy-of-opportunity tradition remain affirmative constitutional obligations of government today: to prevent an oligarchy from emerging and amassing too much power; to preserve a broad and open middle class as a counterweight against oligarchy and a bulwark of democratic life; and to include everyone, not just those privileged by race or sex, in a democracy of op- portunity that is broad enough to unite us all.” Dr. Fishkin and Dr. Forbath demonstrate that reformers, legislators, and even judges working in this “democracy-of-opportunity” tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of the Slave Power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the “economic royalists” and “industrial despots.” The book argues that our current understanding of what counts as a constitutional argument is anachronistic and limiting. In fact, the authors argue that “advocates of the democracy-of-opportunity tradition and their opponents throughout the long period from the founding through the New Deal disagreed about many things, but they agreed that part of arguing about the Constitution is making claims about what it requires of our political economy. “ This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 31, 20221h 29m

Ep 198Rama Srinivasan, "Courting Desire: Litigating for Love in North India" (Rutgers UP, 2020)

Inquiries into marital patterns can serve as an effective lens to analyze social structures and material cultures not only on the question of sexuality, but also on the nature of a private citizen’s engagement with state and law. Through ethnographic research in courtrooms, community, and kinship spaces, Rama Srinivasan outlines the transformations in material culture and political economy that have led to renewed negotiations on the institution of marriage in North India, especially in legal spaces. Tracing organically evolving notions of sexual consent and legal subjectivity, Courting Desire: Litigating for Love in North India (Rutgers UP, 2020) underlines how non-normative decisions regarding marriage become possible in a region otherwise known for high instances of honor killings and rigid kinship structures. Aspirations for consensual relationships have led to a tentative attempt to forge relationships that are non-normative but grudgingly approved after state intervention. The book traces this nascent and under-explored trend in the North Indian landscape. Shraddha Chatterjee is a doctoral candidate at York University, Toronto, and author of Queer Politics in India: Towards Sexual Subaltern Subjects (Routledge, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 31, 20221h 5m

S1 Ep 50On the Death Penalty

Griffin Hardy is the Communications Director for Ministry Against the Death Penalty, founded by Sister Helen Prejean, author of Dead Man Walking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 30, 202252 min

Ep 1172Tirthankar Roy and Anand V. Swamy, "Law and the Economy in a Young Democracy: India 1947 and Beyond" (UChicago Press, 2022)

In Law and the Economy in a Young Democracy: India 1947 and Beyond (University of Chicago Press, 2022), Dr. Tirthankar Roy and Dr. Anand Swamy present an essential history of India’s economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. They argue that “colonial rule left India a highly unequal society with a complicated structure of land rights, a slow and dysfunctional legal system, and a state that was all powerful in some areas.” Economists have long lamented how the inefficiency of India’s legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Dr. Roy and Dr. Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. They conclude that “the weaknesses of the legal framework were probably not the binding constraint on growth” and that “at least in the short-term, the Indian economy will have to develop in spite of its legal system.” Weaving the story of India’s heralded economic transformation with its social and political history, Dr. Roy and Dr. Swamy show how inadequate legal infrastructure has been a key impediment to the country’s economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India’s current crossroads—and the factors that may keep its dreams unrealized. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 30, 20221h 19m

Ep 1171Steven J. Brady, "Chained to History: Slavery and US Foreign Relations to 1865" (Cornell UP, 2022)

In Chained to History: Slavery and US Foreign Relations to 1865 (Cornell University Press, 2022), Dr. Steven J. Brady places slavery at the centre of the story of America's place in the world in the years prior to the calamitous Civil War. Beginning with the immediate aftermath of the War of the American Revolution, Brady follows the military, economic, and moral lines of the diplomatic challenges of attempting to manage, on the global stage, the actuality of human servitude in a country dedicated to human freedom. Dr. Brady argues that “slavery was defined by policymakers and laypeople alike as central to US interactions with four continents—whether for good or bad. America’s security, prosperity, and geographical and political reach were all connected, in one way or another, with bonded labour. It is no surprise, then, that Americans looked on, and conducted, their relations with the world with a conviction that slavery was central to the nation’s international role.” He argues that this mindset around the centrality of American slavery therefore “forced the United States to act in the international sphere in ways that it otherwise would not have, and to interact with the Atlantic world in a more dynamic way than its leaders might have preferred.” Dr. Brady highlights the limitations placed on American policymakers who, working in an international context increasingly supportive of abolition, were severely constrained regarding the formulation and execution of preferred policy. Policymakers were bound to the slave interest based in the Democratic Party and the tortured state of domestic politics bore heavily on the conduct of foreign affairs. As international powers not only abolished the slave trade but banned human servitude as such, the American position became untenable. The book argues that the “proclivity of slavery to enmesh the nation with the wider world in unwanted ways was manifested again and again throughout the time period up to 1865. From vainly seeking the return of escaped slaves under President George Washington to the failed attempts of President Abraham Lincoln to settle their freed brethren somewhere—anywhere—else, one sees the real limits placed on the nation’s ability to shape and implement a consistent foreign policy…. Slavery was not the only factor that contributed to this frustration of American aims to conduct a largely unilateralist foreign policy in its early years. Nor was it the only reason why America frequently found itself unable to achieve its foreign relations goals. But it was among the most significant reasons.” This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 29, 20221h 12m

Ep 590Jan-Werner Müller, "Democracy Rules" (FSG, 2021)

Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules (Farrar, Straus and Giroux, 2021). In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy's dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy's success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy's critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world. Jan-Werner Müller is Professor of Politics at Princeton University. Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 25, 202255 min

Ep 1169Michael D. Breidenbach, "Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America" (Harvard UP, 2021)

Here is a fun quiz question. What distinction does Charles Carroll (1737–1832) hold in American History? Answer: he was the longest-surviving signer of the Declaration of Independence and the only Catholic to have signed it. And therein lies a tale of religious prejudice against Catholics and the ingenious and determined efforts over decades of leaders like Carroll and the founding family of Maryland, the Calverts, to prove their devotion to their country while not compromising on the tenets of their faith. In his fascinating 2021 book, Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America (Harvard UP, 2021), Michael D. Breidenbach traces in detail the delicate balance Catholics in the period of roughly 1600-1832 had to maintain in order to secure basic civil and property rights in both Britain and the New World colonies while avoiding excommunication by the pope for swearing oaths to British rulers that often entailed denying certain rights the pope claimed. We read in the book about the crucial importance of the exact wording of a series of oaths crafted and argued about over centuries and the implications of even a slight change to each for the often persecuted Catholic minority on both sides of the Atlantic. A major contribution of this book is its discussion of the conciliar movement (or conciliarism) and its intellectual and political impact on American politicians of the 18th and early 19th centuries. Ranging back to medieval figures and then to John Locke and forward into the early years of the United States as a nation proper, Breidenbach illustrates the difference between religious toleration versus religious liberty and helps us see why the matter of bishops and even church architecture were matters of such contention in the founding era. This is a book not just for Catholics, but for all of us who care about and live under the protection of the First Amendment—and, as Breidenbach makes clear, under this part of Article 6 of the Constitution, “no religious test shall ever be required as a qualification to any office or public trust under the United States.” As we saw during the hearings for Amy Coney Barrett’s initial judicial appointment, this issue and anti-Catholic sentiment live with us still. Our Dear-Bought Liberty: Catholics and Religious Toleration in Early America makes intellectual, legal, religious and political history come alive. It is global history too, given its coverage of all these matters in locales such as Jamaica and Barbados. We see powerful and influential Catholics like the Carrolls (including John Carroll 1735 –1815, the first Roman Catholic bishop and archbishop in the United States) taking both brave public stands and maneuvering tirelessly and shrewdly behind the scenes with non-Catholic allies like James Madison and Benjamin Franklin on behalf of religious liberty. This is a work abounding in insights about heretofore little recognized but crucial players and modes of thinking that made us the freedom-focused country we became. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 24, 20221h 25m

Ep 588Heather R. Hlavka and Sameena Mulla, "Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication" (NYU Press, 2021)

Scholars Heather Hlavka (Marquette University) and Sameena Mulla (Emory University) have written a new book that examines and interrogates the place and space of the courtroom, the use of expertise, especially scientific expertise, in the adjudicative process, and how this all intersects with race and gender in cases of sexual assault. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication (NYU Press, 2021) is the result of a long-term ethnographic study of sexual assault cases in the city of Milwaukee, and how those cases, as they come through the legal system, re-animate cultural narratives and re-inscribe the authority associated with law courts and the legal system itself. A key focus of the research was in examining the ways in which medicolegal and forensic evidence was used in the trial process, and how the reliance on these scientific resources and those who narrate and explain these dimensions of evidence and information are often set in contrast with the experiences of the victim-witnesses in sexual assault cases. Hlavka and Mulla, and their team of students and research assistants, spent more than five years in the Milwaukee County Courthouse, sitting in at all aspects of the trial process, from jury selection to the trial itself, and more. During this time, all of the researchers observed the dynamics around how victims and victim-witnesses were assessed based on their class, race, virtue, gender, and how their very bodies were re-visited during the course of the evidence presentment. This analysis was seen in contrast to the approach to “expert” testimony in the form of medical professionals, forensic professionals, police, and legal professionals. Key points that come through the research, and thus through the book, note how the racialize and gendered narratives are clear within the interactions in the courtroom, but these dynamics do not generally come through in trial transcripts, opinions, or the judicial record of a case. Thus, the deeply lopsided racial dynamics of the courtroom are not clear in the written record but are starkly clear within the walls of the courtroom. Bodies in Evidence: Race, Gender, and Science in Sexual Assault Adjudication is a multi-layered, multi-method examination of how the judicial system, in context of sexual assault adjudication, does not, in fact, achieve what might be a just outcome in many situations. The adversarial legal system in the United States does not generally assist the communities that are often broken by this very process. Hlavka and Mulla also suggest that the investment in and use of forensic and scientific evidence has not, in fact, shifted the outcomes in these kinds of cases. Bodies in Evidence will be of interest to a great many readers, from a host of different perspectives and disciplines. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at [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

Mar 24, 20221h 5m

Ep 105N. J. Enfield, "Language Vs. Reality: Why Language Is Good for Lawyers and Bad for Scientists" (MIT Press, 2022)

Nick Enfield’s book, Language vs. Reality: Why Language is Good for Lawyers and Bad for Scientists (MIT Press, 2022), argues that language is primarily for social coordination, not precisely transferring thoughts from one person to another. Drawing on empirical research, Enfield shows that human lexicons the world over are far more coarse-grained than our perceptual faculties. Yet, at the same time, languages vary in the structure and sophistication of their representations. This means that, for instance, how different languages carve up the world influences not only how their speakers talk about the world, but also how they think about it. The book explores a range of linguistic phenomena, from lexical diversity to linguistic framing to the effects of narrative. As a result of understanding how language shapes our understanding of reality, Enfield argues that we can make more informed—and more ethical—decisions about our own language use, as individuals and communities. Malcolm Keating is Assistant Professor of Philosophy at Yale-NUS College. His research focuses on Sanskrit philosophy of language and epistemology. He is the author of Language, Meaning, and Use in Indian Philosophy (Bloomsbury Press, 2019) and host of the podcast Sutras (and stuff). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 23, 20221h 6m

Ep 111Pandemic Perspectives 3: A Conversation with Samuel Moyn

In this Pandemic Perspectives Podcast, Ideas Roadshow founder and host Howard Burton talks to Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History at Yale University, about neoliberalism, human rights and what our collective response to the COVID-19 pandemic reveals about our true values. Ideas Roadshow's Pandemic Perspectives Project consists of three distinct, reinforcing elements: a documentary film (Pandemic Perspectives), book (Pandemic Perspectives: A filmmaker's journey in 10 essays) and a series of 24 detailed podcasts with many of the film's expert participants. Visit www.ideasroadshow.com for more details. Howard Burton is the founder of Ideas Roadshow and host of the Ideas Roadshow Podcast. He can be reached at [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

Mar 23, 20221h 5m

Ep 44Labor Exploitation and Human Trafficking in Businesses

In the modern world, human trafficking and slavery take various forms: one such example is forced labor. But understanding exactly how and where forced labor might occur has been a challenge for researchers and regulatory authorities. In the third episode of our new themed series In Chains, we speak with Dr. Alexis Aronowitz from University College Utrecht, Utrecht, The Netherlands, who is the author of the article, “Regulating business involvement in labor exploitation and human trafficking”. In her article, Dr. Aronowitz has presented various case studies of labor exploitation in the service industry, such as the cocoa industry in sub-Saharan Africa. In this episode, she further talks about how exploitative labor in businesses can be regulated using various approaches. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 21, 202228 min

Ep 159Joanna Mishtal, "The Politics of Morality: The Church, the State, and Reproductive Rights in Postsocialist Poland" (Ohio UP, 2015)

In the fall of 2020, Poland’s Constitutional Tribunal decreed that the country’s near-total ban on abortion was too liberal; henceforth, pregnancies could be terminated only in cases of rape, incest, or imminent threat to the mother’s life. The court’s decision triggered a nationwide Women’s Strike, whose social mobilization galvanized reproductive rights advocacy across Europe. In the wake of the Polish mass protests, and in the context of the COVID-19 pandemic, now is a crucial moment to re-visit anthropologist Joanna Mishtal’s ground-breaking book The Politics of Morality: The Church, the State, and Reproductive Rights in Postsocialist Poland (Ohio University Press, 2015). Mishtal recast the decades since communism’s collapse as a time of joint Church-State war on reproductive rights, as well as feminism, which was painted as either a communist legacy or a foreign import. The Politics of Morality examines the contradiction between an emerging democracy on the one hand, and a declining tolerance for women’s rights and political and religious pluralism on the other. Surveillance, control, and abuse of power are persistent themes in this revealing ethnography, which has had an enormous scholarly impact in the study of gender and religion & politics in Eastern Europe, but carries powerful lessons far beyond its immediate field. Piotr H. Kosicki is Associate Professor of History at the University of Maryland, College Park. He is the author of Catholics on the Barricades (Yale, 2018) and editor, among others, of Political Exile in the Global Twentieth Century (with Wolfram Kaiser). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 21, 20221h 27m

Ep 263Kecia Ali, ed., "Half of Faith: American Muslim Marriage and Divorce in the Twenty-First Century" (Open BU, 2021)

In Half of Faith: American Muslim Marriage and Divorce in the Twenty-First Century, readers find a wide range of texts on Muslim Americans’ experiences with questions of marriage and divorce in an effort to do what is deemed Islamically acceptable. This exciting reader, which brings together previously published as well as new content, includes the broad themes of wedding, marriage, and divorce in the Muslim American experience. More specifically, the reader aims to explore the diversity in Islamic legal and theoretical thought, marriage and divorce practices, marriage contracts, wedding customs, and related issues. In today’s very vibrant and engaging conversation, I speak with Kecia Ali, the editor of the reader, in addition to several contributors, who are Zahra Ayubi, Aminah McCloud, and Asifa Quraishi-Landes. Each scholar speaks on her contribution to the volume—Ayubi on divorce, Quraishi-Landes on marriage contracts and Islamic law, and McCloud on African American Muslim women as they transition to Islam, get married, and face issues of male guardianship. Further, we discuss why an Islamic marriage even matters to Muslims, and Kecia and Asifa share their views on fundamental issues with the Islamic marriage contract and whether, as Asifa suggests, it’s possible to re-imagine the Islamic marriage contract as a partnership contract rather than a sales contract. The book, which is available for free, with a searchable PDF, through Boston University’s website, will be of interest to scholars and researchers interested in questions of marriage and divorce generally but more specifically in the context of Islam; individual practicing Muslims who seek resources on nikaah contracts, Islamic law, and divorce; Muslim and other religious leaders who serve Muslim communities; and undergraduate and graduate students in women’s and gender studies as well as religious studies courses. Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She is currently working on a book project on Muslim women's marriage to non-Muslims in Islam. Shehnaz runs a YouTube channel called What the Patriarchy?! (WTP?!), where she vlogs about feminism and Islam in an effort to dismantle the patriarchy and uproot it from Islam (ambitious, she knows). She can be reached at [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

Mar 18, 20221h 13m

Ep 586Andrew Rudalevige, "By Executive Order: Bureaucratic Management and the Limits of Presidential Power" (Princeton UP, 2021)

Andrew Rudalevige, the Thomas Brackett Reed Professor of Government at Bowdoin College, has a new book that examines the processes that transpires in the generation of executive orders—noting that the process itself is not simply done with the stroke of a pen. Rudalevige, an expert on the Office of Management and Budget (OMB) in the Executive Branch, started to pursue this particular research project as a result of some archival work he was doing at OMB. Because executive orders go through OMB, Rudalevige came upon decades of files of different proposed executive orders in his work on the Office of Management and Budget; and what seemed like a kind of side project became an extensive, quantitative, and qualitative study of the process that gives birth to an executive order or that may eventually kill an executive order. By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton UP, 2021) traces the process that brings together different voices from within the Executive Branch on the substance that becomes the executive order itself. The research is also situated in the context of a more and more gridlocked Congress, with one president after another finding themselves frustrated in their efforts to implement their agendas. One in five executive orders are not issued. Those that are not issued are generally not random. But the process of advocating or pushing back on a potential order is complex and often involves a host of different agencies bargaining with teach other and with OMB and the president. This window into the process gives us significant insight into bureaucratic politics at the national level. This is also a reflection on how the White House and the bureaucracy work—can a president get something done from his perch in the Oval Office, or do particular agencies have jurisdiction and the capacity to move policy and ideas forward within the scope of established law and regulation? This is all explored in By Executive Order: Bureaucratic Management and the Limits of Presidential Power, which is a fascinating look behind the scenes at how presidents and the bureaucracy interact. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at [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

Mar 17, 20221h 7m

Ep 183Melvin I. Urofsky, "Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue" (Vintage, 2017)

In his major work, Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue (Vintage, 2017), acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney's opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so. Melvin I. Urofsky is an American historian and professor emeritus at Virginia Commonwealth University. William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 11, 202249 min

Ep 94Silvia M. Lindtner, "Prototype Nation: China and the Contested Promise of Innovation" (Princeton UP, 2020)

Prototype Nation: China and the Contested Promise of Innovation (Princeton University Press, 2020) reveals how a growing distrust in Western models of progress and development, including Silicon Valley and the tech industry after the financial crisis of 2007–8, shaped the vision of China as a “new frontier” of innovation. Author Silvia Lindtner unpacks how this promise of entrepreneurial life has influenced governance, education, policy, investment, and urban redesign in ways that normalize the persistence of sexist and racist violence and various forms of labor exploitation. Silvia Margot Lindtner (she/her) is a writer and ethnographer. She is Associate Professor at the University of Michigan in the School of Information and Director of the Center for Ethics, Society, and Computing (ESC). She is also a PIP (Public Intellectual Program) Fellow with the National Committee on United States-China Relations. Lindtner's research focuses on the cultures and politics of technology innovation, including the labor necessary to incubate entrepreneurial life, data-driven futures, and the promise of democratized agency. Drawing from more than ten years of multi-sited ethnographic research, she writes about China's shifting position in the global political economy of computing, supply chains, industrial and agricultural production, and science and technology policy. Host Peter Lorentzen is an Associate Professor in the Department of Economics at the University of San Francisco, where he leads a new Master's program in Applied Economics focused on the digital economy. His own research focuses on China’s political economy and governance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 10, 202259 min

Ep 306Alan Rubel et al., "Algorithms and Autonomy: The Ethics of Automated Decision Systems" (Cambridge UP, 2021)

Many have experienced moments where algorithms have made us uncomfortable or suspicious. In Algorithms and Autonomy: The Ethics of Automated Decision Systems (Cambridge University Press, 2021), Rubel, Phan, and Castro outline the stories of teachers and citizens subject to the criminal justice system who face serious consequences at the hands of algorithms. With a focus on locating the a philosophical touchstone to these harms, the authors look at how ideas of autonomy and freedom are affected by algorithms. When algorithms afford those subject to their decisions no transparency to endorse its use or worse hide responsibility for their decision in a network of actors laundering their own agency, citizens are harmed and democracy is harmed. This book mount a forceful lens of what exactly algorithms in criminal justice, education, housing, elections and beyond can do to autonomy, freedom, and democracy. This title is also available as Open Access on Cambridge Core. Dr. Alan Rubel is Professor and Director of the Information School at University of Wisconsin Madison. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 8, 202251 min

Ep 265Tina Sikka, "Sex, Consent and Justice: A New Feminist Framework" (Edinburgh UP, 2021)

Increasingly fraught debates about sex, consent, feminism, justice, law, and gender relations have taken centre stage in academic, journalistic and social media circles in recent years. This has resulted in myriad new theories, debates and mediated movements including #MeToo and #TimesUp. In Sex, Consent, and Justice: A New Feminist Framework (Edinburgh UP), Tina Sikka explores many of the contradictions and tensions that make up these debates and movements. She looks at those that draw together contemporary understandings of justice, violence, consent, pleasure and desire. Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at [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

Mar 7, 202236 min

Ep 1156Randy E. Barnett and Evan D. Bernick, "The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit" (Harvard UP, 2021)

Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the case that the Court’s current Fourteenth Amendment doctrine gives us everything that the original meaning of the Fourteenth Amendment promises.” Dr. Barnett and Dr. Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilised what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. In this book, the authors identified the original meaning of the phrase “privileges or immunities of citizens of the United States” by examining the evidence from the Founding, from the antebellum period, from the drafting and ratification of the clause, and from the post-ratification interpretations in Congress and by courts and academic commentators. They argue that this mass of evidence shows that “privileges or immunities” encompassed civil rights, as distinguishes from “political” or “social” rights, and included the civil right to impartial treatment by civic institutions.” With attention to primary sources, the book shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 7, 202243 min

Ep 153Sarah Brayne, "Predict and Surveil: Data, Discretion, and the Future of Policing" (Oxford UP, 2020)

Police use of advanced data collection and analysis technologies—or, "big data policing"—continues to receive both positive and negative attention through media, activism, and politics. While some high-profile cases illustrate its potential to hasten investigations or even solve previously unsolved crimes, and others showcase risks to individual liberties and vulnerable communities, we know surprisingly little about how and why police departments actually adopt and deploy these tools. Sarah Brayne's new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2021) provides the first in-depth study of these questions. Dr. Brayne recorded observations and interviews over a 5-year period of ethnographic fieldwork and follow-up with the LAPD. In the book, she examines the roles of extra- and intra-departmental factors in the uptake of big data tools, their relationship to the practice and culture of policing, and the impacts and reactions they've precipitated among captains, sworn officers, civilian analysts, and policed communities. A major theme of the book is the role of discretion: While data-driven decision-making tools may promise to replace biased human judgment, in practice they can instead displace human judgment—to earlier and less visible steps in the process, exacerbating the problem they are invoked to solve. Conversely, i was also interested in how Dr. Brayne suggests we shift our perspectives on these tools: She proposes to think of a "big data environment" that shapes our social behavior, and she flips the analogy of data as capital to describe a "cumulative disadvantage" that accrues to those with less access to and control over the data collected on them. Dr. Brayne's study has legal and scholarly as well as policy implications, and it will be of interest to anyone interested in the societal role of data or in that of police. I hope that it becomes part of the foundation for urgently needed future work at their intersection. Suggested companion work: Ballad of the Bullet by Forrest Stuart (listen to Stuart's interview with Sarah E. Patterson here) Sarah Brayne is an Assistant Professor of Sociology at The University of Texas at Austin. Prior to joining the faculty at UT-Austin, she was a Postdoctoral Researcher at Microsoft Research. Dr. Brayne is the founder and director of the Texas Prison Education Initiative, a group of faculty and students who volunteer to teach college classes in prisons throughout Texas. Cory Brunson is an Assistant Professor at the Laboratory for Systems Medicine at the University of Florida. His research focuses on geometric and topological approaches to the analysis of medical and healthcare data. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 4, 202252 min

Ep 305Firmin Debrabander, "Life After Privacy: Reclaiming Democracy in a Surveillance Society" (Cambridge UP, 2020)

Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In Life After Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020), Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can--and should--we rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history--but constantly persecuted--and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered--and often overlooked--in the digital age. Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 3, 202246 min

Ep 152Chase Burton, "Nicole Rafter" (Routledge, 2021)

Nicole Rafter (Routledge, 2021) is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter’s key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology’s identity, scientific status, and possible futures. While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter’s historical research to life and shows how it speaks to contemporary issues in criminology and punishment. Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology. Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 2, 20221h 12m

Ep 6Lu Ann Homza, "Village Infernos and Witches' Advocates: Witch-hunting in Navarre, 1608-1614" (Pennsylvania State UP, 2022)

Today we talk to Lu Ann Homza about her new book, Village Infernos and Witches' Advocates: Witch-Hunting in Navarre, 1608-1614 (Penn State Press, 2022). This book revises what we thought we knew about one of the most famous witch hunts in European history. Between 1608 and 1614, thousands of witchcraft accusations were leveled against men, women, and children in the northern Spanish kingdom of Navarre. The Inquisition intervened quickly but incompetently, and the denunciations continued to accelerate. As the phenomenon spread, children began to play a crucial role. Not only were they reportedly victims of the witches’ harmful magic, but hundreds of them also insisted that witches were taking them to the Devil’s gatherings against their will. Presenting important archival discoveries, Lu Ann Homza restores the perspectives of illiterate, Basque-speaking individuals to the history of this shocking event and demonstrates what could happen when the Spanish Inquisition tried to take charge of a liminal space. Because the Spanish Inquisition was the body putting those accused of witchcraft on trial, modern scholars have depended upon Inquisition sources for their research. Homza’s groundbreaking book combines new readings of the Inquisitional evidence with fresh archival finds from non-Inquisitional sources, including local secular and religious courts, and from notarial and census records. Expanding our understanding of this witch hunt as well as the history of children, community norms, and legal expertise in early modern Europe, Village Infernos and Witches’ Advocates is required reading for students and scholars of the Spanish Inquisition and the history of witchcraft in early modern Europe. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 2, 202243 min

Ep 97Erin Drew, "The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century" (UVA Press, 2021)

Would a claim that human possession and property rights as merely temporary seem outlandish to a 21st-century thinker? How would this idea be received in Early Modern England? In today's NBN podcast, Dr. Erin Drew addresses this question in our discussion about her new book: The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century (University of Virginia Press, 2021). Using an environmental lens to analyze popular theology, moral philosophy, law, Drew also uses the poetry of John Evelyn, Anne Finch, John Philips, John Dyer, and James Grainger to deconstruct usufruct's legacy as a moral relationship between humans and their environments in late seventeenth- and early eighteenth England. During this period, "usufruct" appears as a common point of reference and comparison across philosophical, devotional, legal, and literary discussions of the ethical parameters of possessions, use, and power. Care for trees, for example, and ecologically represent literal connections among other beings and across generations if landlords acted as responsible stewards. By laying out the structure and implications of usufruct as an environmental ethic and its role in English discourse, Dr. Drew brings to light a subversive threat to an eighteenth-century English culture that proves surprisingly conservationist while drawing attention to parallels with contemporary environmental thought and assumption. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 1, 20221h 22m

Ep 1155Boyd van Dijk, "Preparing for War: the Making of the 1949 Geneva Conventions" (Oxford UP, 2022)

The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. In Preparing for War: The Making of the Geneva Conventions (Oxford University Press, 2022), Dr. Boyd van Dijk “shows how the final text of the 1949 Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters, many of whom were not liberal and whose ideas changed radically over time. Nor were they merely a product of idealism or even the shock felt in the wake of Hitler’s atrocities. Constructing the Conventions meant outlawing some forms of inhumanity while tolerating others. It concerned a great deal more than simply recognising the shortcomings of Internatinal law as revealed by the experience of the Second World War. In making the Conventions, drafters sought to contest European imperial rule, empower the ICRC, challenge state sovereignty, fight Cold War rivalries, ensure rights during wartime, reinvent the concept of war crimes and prepare for (civil) wars to come.” Dr. van Dijk argues that to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself. Using never previously accessed archival materials, the book provides a comprehensive historical account of the Conventions' past and contributes to a deeper understanding of the most important treaty of humanitarian law. The book therefore presents an eye-opening account of the making of international law and offers both historians and legal scholars with detailed information about international law's origins. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 1, 20221h 6m

Ep 121Devin O. Pendas, "Democracy, Nazi Trials and Transitional Justice in Germany, 1945–1950" (Cambridge UP, 2020)

In his new book, Democracy, Nazi Trials, and Transitional Justice in Germany, 1945-1950 (Cambridge University Press, 2020), Dr. Devin O. Pendas examines how German courts conducted Nazi trials in the immediate postwar context. His work combines close readings of legal discourses in conjunction with very human stories to present a narrative of both irony and tragedy. In a masterful comparison of all four occupation zones, this book successfully musters historical data to challenge and overturn standard conceptualizations of “transitional justice.” It thus belongs definitively in the repertoire of legal scholars, political scientists, historians, and international relations theorists. Eric Grube is a PhD candidate in the Department of History at Boston College. He studies modern German and Austrian history, with a special interest in right-wing paramilitary organizations across interwar Bavaria and Austria."Casualties of War? Refining the Civilian-Military Dichotomy in World War I", Madison Historical Review, 2019. "Racist Limitations on Violence: The Nazi Occupation of Denmark", Essays in History, 2017. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Feb 28, 202251 min

Ep 214Julia Dehm, "Reconsidering REDD+: Authority, Power and Law in the Green Economy" (Cambridge UP, 2021)

In Reconsidering REDD+: Authority, Power and Law in the Green Economy (Cambridge UP, 2021), Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Feb 28, 202227 min