
New Books in Law
1,850 episodes — Page 23 of 37
Ep 134Heather Douglas, "Women, Intimate Partner Violence, and the Law" (Oxford UP, 2021)
Every year, millions of women turn to law to help them escape intimate partner violence. The legal processes are complex and varied, often enmeshing women for many years. In Intimate Partner Violence and the Law, published by Oxford University Press in 2021, Professor Heather Douglas examines intimate partner violence, including nonphysical coercive control, and shows how women's interactions with the law and legal processes can support or exacerbate their experiences and their abilities to leave an abusive partner. Over a period of three years, Douglas conducted a series of interviews to understand how women engage with criminal, family, and civil courts. The women's stories show how abusers can use the law to further perpetuate abuse. Despite the heightened danger that leaving an abusive partner can represent, the book showcases the level of endurance, resilience and patience that it takes women when they seek protection through law for themselves and their children. Reading the first-hand experiences of women and the impact on them from their interactions with police, lawyers, judges, and child protective services is extremely moving and illuminating. The book is profoundly important in understanding the need for reform to protect women and their children from intimate partner violence. Douglas shows how the legal system operates in practice, and the gap in protection for women and their children as to how it should work. Professor Heather Douglas is a Professor of Law at the Melbourne Law School at The University of Melbourne and Honorary Professor at the School of Law at The University of Queensland. She has worked on the legal response to intimate partner violence for over twenty years, both as a practitioner and an academic. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 532Sinja Graf, "The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought" (Oxford UP, 2021)
We often hear or read the phrase “crimes against humanity” when we learn about the Holocaust, or genocide in places like Rwanda or Serbia. And just as often, we don’t reflect on what this phrase means because it seems to simply encompass horrific actions by individuals or groups, directed towards specific ethnic, religious, or cultural groups. Sinja Graf’s new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought (Oxford UP, 2021), helps us to consider what this terminology actually means and how we can and should think about both the crimes themselves and the humanity of the victims and the perpetrators. As Graf explains in the book and in our conversation, once we start to unpack this term and our conceptualization of it, the complexity of truly understanding “universal crimes” becomes starkly clear. It is also clear that this is an understudied realm within contemporary political theory. The Humanity of Universal Crime seeks to explore this complexity and to provide a path to think about and consider both the idea itself and how it is has been used in politics and processes over the past centuries. Graf knits together this exploration and understanding across disciplines, weaving in concepts from international law, political theory, colonial studies, and human rights. In the initial section of the book, John Locke’s engagement with this idea of universal crime is traced and explored to understand how Locke, who was so influential to the establishment of classical liberal thought and structures, saw the place and role of universal crime in context of the coercive power of the state. The next section of the book, which is both historical and theoretical, examines the way that colonialism created fragmentation within concepts of humanity, determining that there were those who are included under this umbrella of humanity, and, as a result, get to enjoy the protections and rights associated with being included. And there are those who were considered not fully human, and thus could be excluded from this umbrella category. As with so much else that was part of western imperial colonialism and 19th century eurocentrism, these distinctions fell along racial, religious, national, and ethnic lines. Graf’s research examines this normative fracturing of humanity during this period. The final section of The Humanity of Universal Crime is focused on more contemporary debates about distinctions between war and policing, especially in the context of the post-Cold War world. In this more recent period, structures and processes have been established and developed to legally respond to “crimes against humanity.” But Graf notes that, even so, these international systems do not necessarily have clear understandings of humanity – and how the perpetrators and the victims are both included under that umbrella category. The Humanity of Universal Crime is a keen investigation of these complex concepts and how they have been put into effect, and what we really understand about crimes against humanity and what we still need to consider. 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
Ep 8Spencer W. McBride, "Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom" (Oxford UP, 2021)
By the election year of 1844, Joseph Smith, the controversial founder of the Church of Jesus Christ of Latter-day Saints, had amassed a national following of some 25,000 believers. Nearly half of them lived in the city of Nauvoo, Illinois, where Smith was not only their religious leader but also the mayor and the commander-in-chief of a militia of some 2,500 men. In less than twenty years, Smith had helped transform the American religious landscape and grown his own political power substantially. Yet the standing of the Mormon people in American society remained unstable. Unable to garner federal protection, and having failed to win the support of former president Martin Van Buren or any of the other candidates in the race, Smith decided to take matters into his own hands, launching his own bid for the presidency. While many scoffed at the notion that Smith could come anywhere close to the White House, others regarded his run―and his religion―as a threat to the stability of the young nation. Hounded by mobs throughout the campaign, Smith was ultimately killed by one―the first presidential candidate to be assassinated. Though Joseph Smith's run for president is now best remembered―when it is remembered at all―for its gruesome end, the renegade campaign was revolutionary. Smith called for the total abolition of slavery, the closure of the country's penitentiaries, and the reestablishment of a national bank to stabilize the economy. But Smith's most important proposal was for an expansion of protections for religious minorities. At a time when the Bill of Rights did not apply to individual states, Smith sought to empower the federal government to protect minorities when states failed to do so. In his book Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom (Oxford UP, 2021), Spencer W. McBride tells the story of Joseph Smith's quixotic but consequential run for the White House and shows how his calls for religious freedom helped to shape the American political system we know today. Marshall Poe is the founder and editor of the New Books Network. 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
Ep 25J. Laite, "Common Prostitutes and Ordinary Citizens: Commercial Sex in London, 1885-1960" (Palgrave MacMillan, 2012)
Between 1885 and 1960, laws and policies designed to repress prostitution dramatically shaped London's commercial sex industry. J. Laite's book Common Prostitutes and Ordinary Citizens: Commercial Sex in London, 1885-1960 (Palgrave MacMillan, 2012) examines how laws translated into street-level reality, explores how women who sold sex experienced criminalization, and charts the complex dimensions of the underground sexual economy in the modern metropolis. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 118Hélène Landemore, "Open Democracy: Reinventing Popular Rule for the Twenty-First Century" (Princeton UP, 2020)
Students of American history know that the framers of the Constitution were deeply concerned that the United States would founder on the shoals of mob rule. They designed a system meant to ensure rule by an elected elite, a republic rather than a democracy. While democratic elements have been introduced over the past two centuries, that basic structure still stands. In Open Democracy: Reinventing Popular Rule for the Twenty-First Century (Princeton UP, 2020), Landemore argues that it is time to create a more truly democratic system, one in which elections do not play a major role. While she thinks it unlikely that the national arena is necessarily the best place to start implementing such changes, she does see opportunities for creating local assemblies or “mini-publics” where citizens chosen by lot would deliberate on and enact policies and laws. She points out that hundreds of experiments in this direction have been initiated in the past two decades, and she lays down principles and approaches that make the likelihood of success greater. Her work is profoundly optimistic about the potential for citizens from all walks of life to participate in governing their society. Jack Petranker, MA, JD, is the founder and Senior Teacher at the Center for Creative Inquiry and the Director of the Mangalam Research Center. www.jackpetranker.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 133Giovanni Mantilla, "Lawmaking Under Pressure: International Humanitarian Law and Internal Armed Conflict" (Cornell UP, 2020)
Giovanni Mantilla’s new book, Lawmaking under Pressure: International Humanitarian Law and Internal Armed Conflict (Cornell University Press, 2020), traces the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict, and explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. In this conversation with Yi Ning Chang, Giovanni reflects on history and theory in the study of international relations and international law, on the nature of norms and power in the international sphere, and on “theorizing possibility” in international politics. Readers in the US may use the code “09FLYER” for a 30% discount through Cornell University Press, while those outside the US may use “CSF21PSA”, also for a 30% discount, through Combined Academic Publishers. Awarded the prestigious Francis Lieber Prize for outstanding book in the field of the law of armed conflict in 2021, Lawmaking under Pressure analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict. Yi Ning Chang is a PhD student in political theory at the Department of Government at Harvard University. She works on the history of contemporary political thought, postcolonial theory and race, and the global histories of anticolonialism and anti-imperialism in Southeast Asia. Yi Ning 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
Ep 19Josephine Donovan, "The Lexington Six: Lesbian and Gay Resistance in 1970s America" (U Massachusetts Press, 2020)
On September 23, 1970, a group of antiwar activists staged a robbery at a bank in Massachusetts, during which a police officer was killed. While the three men who participated in the robbery were soon apprehended, two women escaped and became fugitives on the FBI's Ten Most Wanted list, eventually landing in a lesbian collective in Lexington, Kentucky, during the summer of 1974. In pursuit, the FBI launched a massive dragnet. Five lesbian women and one gay man ended up in jail for refusing to cooperate with federal officials, whom they saw as invading their lives and community. Dubbed the Lexington Six, the group's resistance attracted national attention, inspiring a nationwide movement in other minority communities. Like the iconic Stonewall demonstrations, this gripping story of spirited defiance has special resonance in today's America. Drawing on transcripts of the judicial hearings, contemporaneous newspaper accounts, hundreds of pages of FBI files released to the author under the Freedom of Information Act, and interviews with many of the participants, Josephine Donovan reconstructs this fascinating, untold story. The Lexington Six: Lesbian and Gay Resistance in 1970s America (University of Massachusetts Press, 2020) is a vital addition to LGBTQ, feminist, and radical American history. Josephine Donovan is professor emerita of English at the University of Maine, Orono. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 529Michael W. McConnell, "The President Who Would Not Be King: Executive Power under the Constitution" (Princeton UP, 2020)
Michael McConnell, the Richard and Frances Mallery Professor and director of the Constitutional Law Center at Stanford University Law School and senior fellow at the Hoover Institution, has written an examination of the power that the president has in the U.S. constitutional system. The President Who Would Not Be King: Executive Power under the Constitution (Princeton UP, 2020) presents a unique analysis of the powers that were allocated to the executive in Article II of the Constitution, as well as an exploration of the origin of many of the executive powers that are outlined in the Constitution but allocated to other branches of government within the new constitutional system. Thus, while McConnell’s focus is on the executive in the American constitutional system, the framing of this focus is in delineating the prerogative powers that Blackstone had noted belong to the monarch or the individual head of state, but that the Founders in 1787 split up. The argument in the book also clarifies the structure of Article II, explaining in important detail the sections of Article II and how they are connected to each other. McConnell’s deep dive into the discussions not only in Philadelphia in 1787, but also in the state ratifying conventions and among the different founders provide the historical context for the explicit and implied powers distributed throughout the Constitution. McConnell’s historical analysis pays particular attention to the committees that were established during the Constitutional Convention, like the Committee on Detail, that had to flesh out how the powers that were being invested in the document would manifest in operation. Thus, The President Who Would Not Be King is an historical examination of the competing ideas that were part of the conversation that ultimately became the U.S. Constitution. But McConnell does not stop at the founding period. He provides much more contemporary examples and case studies of some of the tensions around these prerogative powers that were not all given to the president in Article II. This takes up Justice Robert Jackson’s important decision in Youngstown Sheet and Tube v. Sawyer in terms of how that decision shaped expectations around executive use of power and authority, and has also positioned those expectations within, intentionally or not, our highly partisan political environment. McConnell’s work provides a path to understanding constitutional meaning from before the constitution itself was written, which is distinct from constitutional theories like originalism. The President Who Would Not Be King also wrestles with the Founders’ ideas around the complexity of separation of powers, given the executive powers that Congress holds and can use, as well as the executive powers vested in the presidency. 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
Ep 117Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System" (New Press, 2019)
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System (New Press, 2019) is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. **Special announcement for teachers: Usual Cruelty is available free of charge for your students and for each student assigned a complimentary copy of Usual Cruelty will be circulated in prisons. Learn more https://thenewpress.com/books/... Lee M. Pierce (she/they) is an Assistant Professor at SUNY Geneseo specializing in rhetoric, race, and U.S. political culture. They also host the Media & Communications and Language channels for New Books Network and their own podcast titled RhetoricLee Speaking. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 7No Choice: Why Is It So Hard to Get an Abortion in the South?
Today we are talking with Becca Andrews, a journalist at Mother Jones, where she writes about reproductive rights and gender. The story we discuss is “When Choice is 221 Miles Away: The Nightmare of Getting an Abortion in the South” and its follow up. Becca’s debut work of nonfiction, No Choice, based on her Mother Jones cover story about the past, present, and future of Roe v. Wade, will be published by in 2022. Andrews is a graduate of UC Berkeley’s School of Journalism and wrote for newspapers in her home state of Tennessee. Agata Popeda is a Polish-American journalist. Interested in everything, with a particular weakness for literature and foreign relations. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 21Natalie West and Tina Horn, "We Too: Essays on Sex Work and Survival" (Feminist Press, 2021)
This collection of narrative essays by sex workers presents a crystal-clear rejoinder: there's never been a better time to fight for justice. Responding to the resurgence of the #MeToo movement in 2017, sex workers from across the industry--hookers and prostitutes, strippers and dancers, porn stars, cam models, Dommes and subs alike--complicate narratives of sexual harassment and violence, and expand conversations often limited to normative workplaces. Writing across topics such as homelessness, motherhood, and toxic masculinity, We Too: Essays on Sex Work and Survival (Feminist Press, 2021) gives voice to the fight for agency and accountability across sex industries. With contributions by leading voices in the movement such as Melissa Gira Grant, Ceyenne Doroshow, Audacia Ray, femi babylon, April Flores, and Yin Q, this anthology explores sex work as work, and sex workers as laboring subjects in need of respect--not rescue. A portion of this book's net proceeds will be donated to SWOP Behind Bars (SBB). Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 136Patricia Somers and Matt Valentine, "Campus Carry: Confronting a Loaded Issue in Higher Education" (Harvard Education Press, 2020)
In Campus Carry: Confronting a Loaded Issue in Higher Education (Harvard Education Press, 2020), editors Patricia Somers and Matt Valentine lead an examination of the unintended consequences of campus gun policy and showcase voices from the college community who are grappling with the questions, issues, and consequences that have emerged at their respective institutions. While making the case that campus carry legislation is harmful, the book gathers some of the very best thinking around enacting such policies and offers valuable recommendations for mitigating its effects and preserving university values. The implementation of campus carry is complex and has provoked many questions: How does concealed carry on campus affect the free expression of ideas in the classroom or the safety of faculty holding unpopular or even controversial views? Should students who misplace or leave their weapons unattended be disciplined? How are communities of color impacted by campus carry? Along with the book's contributors, Somers and Valentine provide higher education leaders, administrators, and faculty with a valuable resource that will guide them toward considerations that might otherwise be overlooked, help them avoid pitfalls that have been encountered elsewhere, and protect institutional priorities. The book features reflection pieces from students, alumni, and faculty to illustrate the complexity and controversy of the campus carry policy. Given that the legal possession of guns in the classroom is now a reality for American educators and students in much of the country, Campus Carry concludes with a passionate call for more university-based original research on gun violence. Pat Somers is an Associate Professor in the Program of Higher Education Leadership in the Educational Leadership and Policy Department at the University of Texas at Austin. Matt Valentine teaches writing at the University of Texas at Austin, where he is a fellow of the Trice Professorship in the Plan II Honors Program. Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 232Victoria Canning and Steve Tombs, "From Social Harm to Zemiology: A Critical Introduction" (Routledge, 2021)
Victoria Canning and Steve Tombs' book From Social Harm to Zemiology: A Critical Introduction (Routledge, 2021) outlines key developments in understanding social harm by setting out its historical foundations and the discussions which have proliferated since. It examines various attempts to conceptualise social harm and highlights key sites of contestation in its relationship to criminology to argue that these act as the basis for an activist zemiology, one directed towards social change for social justice. The past two decades have seen a proliferation of debate related to social harm in and around criminology. From climate catastrophe and a focus on environmental harms, unprecedented deaths generating focus on border harms and the coronavirus pandemic revealing the horror of mass and arguably avoidable deaths across the globe, critical studies in social harm appear ever more pressing. Drawing on a range of international case studies of cultural, emotional, physical and economic harms, From Social Harm to Zemiology locates the study of social harm in an accessible fashion. In doing so it sets out how a zemiological lens can moves us beyond many of the problematic legacies of criminology. This book rejects criminologies which have disproportionately served to regulate intersectional groups, and which have arguably inflicted as much or more harm by bolstering the very ideologies of control in offering minor reforms that inadvertently expand and strengthen states and corporations. It does this by sketching out the contours, objects, methods and ontologies of a disciplinary framework which rejects commonplace assumptions of 'value freedom'. From Social Harm to Zemiology advocates social change in accordance with groups who are most disenfranchised, and thus often most socially harmed. An accessible and compelling read, this book is essential reading for all zemiologists, critical criminologists, and those engaged with criminological and social theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 64Clarence Jefferson Hall Jr, "A Prison in the Woods: Environment and Incarceration in New York’s North Country" (U Massachusetts Press, 2020)
Since the mid-nineteenth century, Americans have known the Adirondack Mountains of upstate New York as a site of industrial production, a place to heal from disease, and a sprawling outdoor playground that must be preserved in its wild state. Less well known, however, has been the area's role in hosting a network of state and federal prisons. A Prison in the Woods traces the planning, construction, and operation of penitentiaries in five Adirondack Park communities from the 1840s through the early 2000s to demonstrate that the histories of mass incarceration and environmental consciousness are interconnected. In A Prison in the Woods: Environment and Incarceration in New York’s North Country (U Massachusetts Press, 2020), Clarence Jefferson Hall Jr. reveals that the introduction of correctional facilities—especially in the last three decades of the twentieth century—unearthed long-standing conflicts over the proper uses of Adirondack nature, particularly since these sites have contributed to deforestation, pollution, and habitat decline, even as they've provided jobs and spurred economic growth. Additionally, prison plans have challenged individuals' commitment to environmental protection, tested the strength of environmental regulations, endangered environmental and public health, and exposed tensions around race, class, place, and belonging in the isolated prison towns of America's largest state park. Clarence Jefferson Hall, Jr. is an assistant professor of history at Queensborough Community College. Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy and a Ph.D. candidate at the University of Wisconsin–Madison. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 231David Arditi, "Getting Signed: Record Contracts, Musicians, and Power in Society" (Palgrave Macmillan, 2020)
How does the record industry work? In Getting Signed: Record Contracts, Musicians, and Power in Society (Palgrave Macmillan, 2020), David Arditi, Associate Professor in Sociology and Anthropology at University of Texas at Arlington, analyses the ideology of getting signed and getting a record contract to show the alienating and exploitative effects of the record industry on musicians and the making of music. The book blends ethnographic fieldwork with critical theoretical analysis, looking at a range of issues in music, from the ‘strained solidarity’ of being in a band, the negative impact of competition and competitiveness in the music industry and in society, to longstanding issues about copyright. The book is essential reading across arts, humanities and the social sciences, as well as for anyone interested in music today. Dave O'Brien is Chancellor's Fellow, Cultural and Creative Industries, at the University of Edinburgh's College of Art. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 127Erika Dyck and Maureen Lux, "Challenging Choices: Canada's Population Control in the 1970s" (McGill-Queen's UP, 2020)
Between the decriminalization of contraception in 1969 and the introduction of the Charter of Rights and Freedoms in 1982, a landmark decade in the struggle for women's rights, public discourse about birth control and family planning was transformed. At the same time, a transnational conversation about the "population bomb" that threatened global famine caused by overpopulation embraced birth control technologies for a different set of reasons, revisiting controversial ideas about eugenics, heredity, and degeneration. In Challenging Choices: Canada's Population Control in the 1970s (McGill-Queen's University Press, 2020), Erika Dyck and Maureen Lux argue that reproductive politics in 1970s Canada were shaped by competing ideologies on global population control, poverty, personal autonomy, race, and gender. For some Canadians the 1970s did not bring about an era of reproductive liberty but instead reinforced traditional power dynamics and paternalistic structures of authority. Dyck and Lux present case studies of four groups of Canadians who were routinely excluded from progressive, reformist discourse: Indigenous women and their communities, those with intellectual and physical disabilities, teenage girls, and men. In different ways, each faced new levels of government regulation, scrutiny, or state intervention as they negotiated their reproductive health, rights, and responsibilities in the so-called era of sexual liberation. While acknowledging the reproductive rights gains that were made in the 1970s, the authors argue that the legal changes affected Canadians differently depending on age, social position, gender, health status, and cultural background. Illustrating the many ways to plan a modern family, these case studies reveal how the relative merits of life and choice were pitted against each other to create a new moral landscape for evaluating classic questions about population control. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 31Javier Guerrero C., "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave, 2020)
Javier Guerrero's "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave MacMillan, 2020) is about the encounters of Colombian drug smugglers and the Colombian Navy, both in the open seas and along coastlines. Guerrero specifically examines the technologies involved in the War on Drugs, such as the narcosubmarines and patrol boats, the knowledge required to transport drugs and the knowledge required to stop the illicit flows. The author presents compelling new evidence for advancing an understanding of technological innovation in antagonist contexts, as well as the symbiotic and co-evolutionary character of the process of technological innovation in the War on Drugs. This book will appeal both to practitioners and scholars interested in the War on Drugs and the production of technologies in outlaw contexts. 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
Ep 179Peter C. Mancall, "The Trials of Thomas Morton" (Yale UP, 2019)
Every good story needs a villain, and some of the early chroniclers of the pilgrim and puritan settlements found all they needed for this type of character in Thomas Morton. Peter C. Mancall tells the story in The Trials of Thomas Morton: An Anglican Lawyer, His Puritan Foes, and the Battle for a New England (Yale UP, 2019), in what reads perhaps like a historical legal thriller novel. Most of our knowledge of Morton comes from the records left by his enemies, but Mancall's new research into this enigmatic figure unveils how this unlikely anti-hero can shed tremendous light on alternate possibilities in the contentious early years of the European-Native encounter. Morton's own writings portray a vision of an altogether different kind of indigenous–settler future. Yet Morton's continued antagonism of the Plymouth and Massachusetts Bay colonial governments led to his repeated exile. While he was repudiated by the earliest generations of readers for debauchery and political menace, subsequent generations continue to find in Thomas Morton a countercultural icon in a world dominated by religious dissidents. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 186Amaka Okechukwu, "To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions" (Columbia UP, 2019)
In 2014 and 2015, students at dozens of colleges and universities held protests demanding increased representation of Black and Latino students and calling for a campus climate that was less hostile to students of color. Their activism recalled an earlier era: in the 1960s and 1970s, widespread campus protest by Black and Latino students contributed to the development of affirmative action and open admissions policies. Yet in the decades since, affirmative action has become a magnet for conservative backlash and in many cases has been completely dismantled. In To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions (Columbia University Press, 2019), Amaka Okechukwu offers a historically informed sociological account of the struggles over affirmative action and open admissions in higher education. Through case studies of policy retrenchment at public universities, she documents the protracted―but not always successful―rollback of inclusive policies in the context of shifting race and class politics. To Fulfill These Rights provides a new analysis of the politics of higher education, centering the changing understandings and practices of race and class in the United States. Amaka Okechukwu is an Assistant Professor of sociology at George Mason University. Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 187Martin Halliwell, "American Health Crisis: One Hundred Years of Panic, Planning, and Politics" (U California Press, 2021)
Despite enormous advances in medical science and public health education over the last century, access to health care remains a dominant issue in American life. U.S. health care is often hailed as the best in the world, yet the public health emergencies of today often echo the public health emergencies of yesterday: consider the Great Influenza Pandemic of 1918–19 and COVID-19, the displacement of the Dust Bowl and the havoc of Hurricane Maria, the Reagan administration’s antipathy toward the AIDS epidemic and the lack of accountability during the water crisis in Flint, Michigan. Spanning the period from the presidency of Woodrow Wilson to that of Donald Trump, American Health Crisis: One Hundred Years of Panic, Planning, and Politics (University of California Press, 2021) illuminates how—despite the elevation of health care as a human right throughout the world—vulnerable communities in the United States continue to be victimized by structural inequalities across disparate geographies, income levels, and ethnic groups. Martin Halliwell views contemporary public health crises through the lens of historical and cultural revisionings, suturing individual events together into a narrative of calamity that has brought us to our current crisis in health politics. American Health Crisis considers the future of public health in the United States and, presenting a reinvigorated concept of health citizenship, argues that now is the moment to act for lasting change. Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 132C. Kong and A. Ruck Keene, "Overcoming Challenges in the Mental Capacity Act 2005" (Jessica Kingsley, 2018)
Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests. In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question. Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder. Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 185David Skarbek, "The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World" (Oxford UP, 2020)
Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World (Oxford UP, 2020), David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 130George Klosko, "Why Should We Obey the Law?" (Polity Press, 2018)
In his new book Why Should We Obey the Law? (Polity Press, 2018), George Klosko, the Henry L. and Grace Doherty Professor of Politics at the University of Virginia, has provided an introduction to the competing theories behind why people should obey the law. What Klosko refers to as “political obligations” exist in all societies, but he seeks to reveal the different justifications for such obligations in modern liberal democracies and republics. He reviews the reasons behind theories such as consent, consequentialism, and fairness, all of which have specific inadequacies for justifying broad, society-wide political obligations. Klosko also reviews his own preferred theory: multiple-principle theory, which he describes as a common-sensical approach to why we should obey the law. Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 131George Szmukler, "Men in White Coats: Treatment Under Coercion" (Oxford UP, 2017)
The laws that govern psychiatric treatment under coercion have remain largely unchanged since the eighteenth century. But this is not because of their effectiveness, rather, these laws cling to outdated notions of disability, mental illness and mental disorder why deny the fundamental rights of this category of people on an equal basis with all others. In Men in White Coats: Treatment Under Coercion (Oxford University Press, 2017) Professor George Szmukler examines the violation of these rights, such as the right to autonomy, self-determination, liberty, and security and integrity of the person in the context of the domestic laws which themselves perpetuate ongoing discrimination against people with mental impairments. Tracing first the history of the medical coercion and involuntary treatment of people with mental illnesses and mental disorders, Professor Szmukler offers a potential path which he argues would end discrimination against this category of people. He puts forward a legal framework which is non-discriminatory and is based on a person's decision-making abilities and best interests, as opposed to a diagnosis. Crucially, he argues that this law is generic, and would not apply by reason of a person's mental disorder. His solution - Fusion Law - would better support people's autonomy, better engage with the Convention on the Rights of Persons with Disabilities, and have significant social value by recognising the dignity and equality of people with mental health impairments. It would also have implications for the forensics system, in particular, with regards to defendants who have mental disorders. Professor George Szmukler is a psychiatrist who started practising in the field as a trainee in 1972. He retired from clinical work in 2012, and is now an Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience at King's college London. His major research now concerns methods of reducing compulsion and ’coercion’ in psychiatric care, for example, through the use of ’advance statements’. A related interest is mental health law, particularly the possibility of generic legislation centred on impaired decision-making capacity which would apply to all persons, regardless of the cause of the underlying disturbance of mental functioning. Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Hannah Jones, "Violent Ignorance: Confronting Racism and Migration Control" (Zed Books, 2021)
An elected politician is assassinated in the street by a terrorist associated with extreme political groups, and the national response is to encourage picnics. Thousands of people are held in prison-like conditions without judicial oversight or any time-limit on their sentence. An attempt to re-assert national sovereignty and borders leads thousands of citizens to register for dual citizenship with other countries, some overcoming family associations with genocide in their second country of nationality to do so. This is life in the UK today. How then are things still continuing as 'normal'? How can we confront these phenomena and why do we so often refuse to? What are the practices that help us to accommodate the unconscionable? How might we contend with the horrors that meet us each day, rather than becoming desensitized to them? Violent Ignorance: Confronting Racism and Migration Control (Zed Books, 2021) sets out to examine these questions through an understanding of how the past persists in the present, how trauma is silenced or reappears, and how we might reimagine identity and connection in ways that counter - rather than ignore - historic violence. In particular Hannah Jones shows how border controls and enforcement, and its corollary, racism and violence, have shifted over time. Drawing on thinkers from John Berger to Ben Okri, from Audre Lorde to Susan Sontag, the book questions what it means to belong, and discusses how hierarchies of belonging are revealed by what we can see, and what we can ignore. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 5Fei-Hsien Wang, "Pirates and Publishers: A Social History of Copyright in Modern China" (Princeton UP, 2019)
Pirates and Publishers: A Social History of Copyright in Modern China (Princeton University Press, 2019) is a detailed historical look at how copyright was negotiated and protected by authors, publishers, and the state in late imperial and modern China. In Pirates and Publishers, Fei-Hsien Wang reveals the unknown social and cultural history of copyright in China from the 1890s through the 1950s, a time of profound sociopolitical changes. Wang draws on a vast range of previously underutilized archival sources to show how copyright was received, appropriated, and practiced in China, within and beyond the legal institutions of the state. Contrary to common belief, copyright was not a problematic doctrine simply imposed on China by foreign powers with little regard for Chinese cultural and social traditions. Shifting the focus from the state legislation of copyright to the daily, on-the-ground negotiations among Chinese authors, publishers, and state agents, Wang presents a more dynamic, nuanced picture of the encounter between Chinese and foreign ideas and customs. Developing multiple ways for articulating their understanding of copyright, Chinese authors, booksellers, and publishers played a crucial role in its growth and eventual institutionalization in China. These individuals enforced what they viewed as copyright to justify their profit, protect their books, and crack down on piracy in a changing knowledge economy. As China transitioned from a late imperial system to a modern state, booksellers and publishers created and maintained their own economic rules and regulations when faced with the absence of an effective legal framework. Exploring how copyright was transplanted, adopted, and practiced, Pirates and Publishers demonstrates the pivotal roles of those who produce and circulate knowledge. Fei-Hsien Wang is associate professor at the Department of History, Indiana University Bloomington. She is a historian of modern China, with a particular interest in how information, ideas, and practices were produced, transmitted, and consumed across different societies in East Asia. Her research has revolved around the relations between knowledge, commerce, and political authority after 1800. She is Associate Editor of the American Historical Review. Ghassan Moazzin is an Assistant Professor at the Hong Kong Institute for the Humanities and Social Sciences and the Department of History at the University of Hong Kong. He works on the economic and business history of 19th and 20th century China, with a particular focus on the history of foreign banking, international finance and electricity in modern China. His first book, tentatively titled Banking on the Chinese Frontier: Foreign Banks, Global Finance and the Making of Modern China, 1870–1919, is forthcoming with Cambridge 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
Ep 84Judith Surkis, "Sex, Law, and Sovereignty in French Algeria, 1830-1930" (Cornell UP, 2019)
Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority. Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the sexual "excesses" of Muslim men, found expression in legislation that segregated the legal control of property from the regulation of bodies, beliefs, and personhood. A fascinating genealogy that understands colonial law and the problem of difference within a broader cultural field, the book is an impressive, compelling analysis with striking resonances for a Franco-Algerian present still shaped by the legacies of the colonial past. Roxanne Panchasi is an Associate Professor of History at Simon Fraser University in Vancouver, Canada who specializes in twentieth and twenty-first century France and its empire. If you have a recent title to suggest for the podcast, please send her an email ([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
Ep 233Samy Ayoub, "Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence" (Oxford UP, 2020)
In his majestic and magisterial new book Law, Empire, and the Sultan: Ottoman Imperial Authority and Late Hanafi Jurisprudence (Oxford UP, 2020), Samy Ayoub examines and demonstrates the entanglement of Islamic law and imperial political authority in the early modern period. Focused on the incorporation of Ottoman imperial authority and edicts in the late Hanafi jurisprudential tradition, this brilliant book interrupts and questions widely held assumptions about the separation between the domains of imperial politics and the Islamic legal tradition in the premodern period. The strength of this book lies in the way it provides a meticulous and dazzling intellectual history of the Hanafi legal tradition showing its internal dynamism and nuanced forms of reasoning while constantly connecting that intellectual history to broader theoretical questions about the interaction of law, juridical authority, and empire. Combining philological rigor with razor sharp conceptual dexterity, this book fundamentally reorients our understanding of the relationship between law and politics in Islamic thought and history. This lucidly written book, populated by a series of helpful tables and charts, will also be a delight to teach in advanced undergraduate and graduate seminars on a range of topics. SherAli Tareen is Associate Professor of Religious Studies at Franklin and Marshall College. His research focuses on Muslim intellectual traditions and debates in early modern and modern South Asia. His book Defending Muhammad in Modernity (University of Notre Dame Press, 2020) received the American Institute of Pakistan Studies 2020 Book Prize. His other academic publications are available here. He can be reached at [email protected]. Listener feedback is most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 28Maneesha Deckha, "Animals as Legal Beings: Contesting Anthropocentric Legal Orders" (U Toronto Press, 2021)
In Animals as Legal Beings: Contesting Anthropocentric Legal Orders (University of Toronto Press, 2021), Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness." In developing a new legal subjectivity for animals, one oriented toward respecting animals for who they are rather than their proximity to idealized versions of humanness, Animals as Legal Beings seeks to bring critical animal theorizations and animal law closer together. Throughout, Deckha draws upon the feminist animal care tradition, as well as feminist theories of embodiment and relationality, postcolonial theory, and critical animal studies. Her argument is critical of the liberal legal view of animals and directed at a legal subjectivity for animals attentive to their embodied vulnerability, and desirous of an animal-friendly cultural shift in the core foundations of anthropocentric legal systems. Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy. Akash Ondaatje is a historical researcher focusing on the interconnected lives of humans and animals. He studied at McGill University (B.A. History) and Queen’s University (M.A. History), where he researched human-animal relations and transatlantic exchanges in eighteenth-century British culture through his thesis, Animal Ascension: Elevation and Debasement Through Human-Animal Associations in English Satire, 1700-1820 (https://qspace.library.queensu.ca/handle/1974/27991). Contact: [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
Ep 28Suzanne M. Hall, "The Migrant's Paradox: Street Livelihoods and Marginal Citizenship in Britain" (U Minnesota Press, 2021)
In this richly observed account of migrant shopkeepers in five cities in the United Kingdom, Suzanne Hall examines the brutal contradictions of sovereignty and capitalism in the formation of street livelihoods in the urban margins. Hall locates The Migrant's Paradox: Street Livelihoods and Marginal Citizenship in Britain (University of Minnesota Press, 2021) on streets in the far-flung parts of de-industrialized peripheries, where jobs are hard to come by and the impacts of historic state underinvestment are deeply felt. Drawing on hundreds of in-person interviews on streets in Birmingham, Bristol, Leicester, London, and Manchester, Hall brings together histories of colonization with current forms of coloniality. Her six-year project spans the combined impacts of the 2008 financial crisis, austerity governance, punitive immigration laws and the Brexit Referendum, and processes of state-sanctioned regeneration. She incorporates the spaces of shops, conference halls, and planning offices to capture how official border talk overlaps with everyday formations of work and belonging on the street. Original and ambitious, Hall’s work complicates understandings of migrants, demonstrating how migrant journeys and claims to space illuminate the relations between global displacement and urban emplacement. In articulating “a citizenship of the edge” as an adaptive and audacious mode of belonging, she shows how sovereignty and inequality are maintained and refuted. Suzanne M. Hall is associate professor of sociology at the London School of Economics and Political Science, where she codirects the Cities Programme. She is the author of City, Street and Citizen: The Measure of the Ordinary and co-editor of The Sage Handbook of the 21st Century City. Alize Arıcan is an incoming Postdoctoral Fellow at Rutgers University's Center for Cultural Analysis. She is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, Radical Housing Journal, and entanglements: experiments in multimodal ethnography. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 201Nelson Johnson, "Darrow's Nightmare: The Forgotten Story of America's Most Famous Trial Lawyer" (Rosetta Books, 2021)
Today I talked to Nelson Johnson about his new book Darrow's Nightmare: The Forgotten Story of America's Most Famous Trial Lawyer (Rosetta Books, 2021) In 1911 the 26-year-span in which Clarence Darrow took on capital punishment, advocated for civil rights, and handled the Scopes trial was still before him. Those accomplishments might never have happened if he hadn’t survived two torturous years in Los Angeles. First, he sought to settle the case of labor activists bombing the Los Angeles Times building and killing 20 people. Then, Darrow on trial himself on charges of having tried to bribe a prospective juror in the LA Times case. Up against Darrow was the power structure of L.A. On Darrow’s side, was his wife and two brilliant attorneys, one of whom later drank himself to death (Earl Rogers) and another who was later committed to a mental institution (Horace Appel). In between, all sorts of legal and extra-legal connivances took place as touched on in this episode. Nelson Johnson is a retired N. J. Superior Court Judge who practiced law for 30 years prior to serving on the bench. Early in his career he represented the Atlantic City Planning Board. That experience resulted in “Boardwalk Empire,” which inspired the HBO series. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 1001Nate Holdren, "Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era" (Cambridge UP, 2020)
Nate Holdren is the author of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era, published by Cambridge University Press in 2020. Injury Impoverished looks at the history of U.S. workplace injuries in the late-19th and early-20th Centuries. As the workers, employers, and reformers attempted to tackle the drastically high rates of workplace injuries and deaths, the nation passed a number of compensation laws that fundamentally changed how the law approached workplace injuries. Holdren, in examining this history illustrates the many shortcomings of these laws, and how laws meant to help employees were often used to do the exact opposite. At the heart of Holdren’s study is whether or not the economy and the legal system was interested in and able to do justice for a workers. Dr. Holdren is an Assistant Professor at Drake University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 184Eva Rosen, "The Voucher Promise: 'Section 8' and the Fate of an American Neighborhood" (Princeton UP, 2020)
Eve Rosen's The Voucher Promise: 'Section 8' and the Fate of an American Neighborhood (Princeton UP, 2020) examines the Housing Voucher Choice Program, colloquially known as "Section 8," and the effect of the program on low-income families living in Park Heights in Baltimore. In a new era of housing policy that hopes to solve poverty with opportunity in the form of jobs, social networks, education, and safety, the program offers the poor access to a new world: safe streets, good schools, and well-paying jobs through housing vouchers. The system should, in theory, give recipients access to housing in a wide range of neighborhoods, but in The Voucher Promise, Rosen examines how the housing policy, while showing great promise, faces critical limitations. Rosen spent over a year living in a Park Heights neighborhood, getting to know families, accompanying them on housing searches, spending time on front stoops, and learning about the history of the neighborhood and the homeowners who had settled there decades ago. She examines why, when low-income renters are given the opportunity to afford a home in a more resource-rich neighborhood, they do not relocate to one, observing where they instead end up and other opportunities housing vouchers may offer them. Richard E. Ocejo is associate professor of sociology at John Jay College and the Graduate Center of the City University of New York (CUNY). He is the author of Masters of Craft: Old Jobs in the New Urban Economy (Princeton University Press, 2017), about the transformation of low-status occupations into cool, cultural taste-making jobs (cocktail bartenders, craft distillers, upscale men’s barbers, and whole animal butchers), and of Upscaling Downtown: From Bowery Saloons to Cocktail Bars in New York City (Princeton University Press, 2014), about growth policies, nightlife, and conflict in gentrified neighborhoods. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 59Geoff Lindsay and Wayne Hudson, "Australian Jurists and Christianity" (Federation Press, 2020)
Professor Wayne Hudson knows a lot - a whole lot - about religion and society. In Australian Jurists and Christianity (The Federation Press, 2021) Wayne, as co-editor, assembles a collection of biographical essays providing new perspectives on the relationship between law and religion in Australia. It claims that the relationship between law and religion was more significant in Australia than has been suggested. Specifically, it suggests that Christianity was a significant influence on Australian jurists, both as public figures and as makers of Australian law. The work includes case studies of 24 leading Australian jurists: Lachlan Macquarie, James Stephen, Richard Bourke, John Hubert Plunkett, George Higinbotham, Samuel Griffith, Inglis Clark, Henry Bournes Higgins, Alfred Deakin, Edith Cowan, Lord Atkin, Robert Menzies, WJV Windeyer, Roma Mitchell, Gough Whitlam, Ron Wilson, Christopher Weeramantry, Gerard Brennan, William Deane, Robin Sharwood, Eddie Mabo, Murray Gleeson, Michael Kirby and John Hatzistergos. This volume forms part of the international series Great Christian Jurists produced under the auspices of the Center for the Study of Law and Religion at Emory University and includes a foreword by Australia’s renowned legal historian, Bruce Kercher. Professor Wayne Hudson - Research Professor at Charles Sturt University, Canberra and Adjunct Professor at the University of Tasmania, and a visiting fellow at the Australian National University. Working across the fields of philosophy, history, politics and religion, he has published twenty-four books and eighty-four refereed articles and book chapters, and has won twenty-five research grants. He has lectured at Oxford University, the Collège international de philosophie in Paris, McGill University in Canada, and at Beijing Foreign Studies University and the Institute of Law of the Chinese Academy of Social Sciences. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). [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
Ep 251Gregg D. Caruso, "Rejecting Retributivism: Free Will, Punishment, and Criminal Justice" (Cambridge UP, 2021)
According to an intuitive view, those who commit crimes are justifiably subject to punishment. Depending on the severity of the wrongdoing constitutive of the crime, punishment can be severe: incarceration, confinement, depravation, and so on. The common thought is that in committing serious crimes, persons render themselves deserving of punishment by the State. Punishment, then, is simply a matter of giving offenders their just deserts. Call this broad view retributivism. What if retributivism’s underlying idea of desert is fundamentally confused? What if persons lack the kind of free will that would make them deserving of punishment in the sense that retributivism requires? This is the central question of Gregg Caruso’s new book, Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (Cambridge, 2021). After arguing against the idea that persons can be deserving of punishment in the retributivist’s sense, Caruso develops an alternative approach to criminal behavior that he called the Public-Health Quarantine Model. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 997Julia Laite, "The Disappearance of Lydia Harvey: A true story of sex, crime and the meaning of justice" (Profile Books, 2021)
Lydia Harvey was meant to disappear. She was young and working class; she'd walked the streets, worked in brothels, and had no money of her own. In 1910, politicians, pimps, policemen and moral reformers saw her as just one of many 'girls who disappeared'. But when she took the stand to give testimony at the trial of her traffickers, she ensured she'd never be forgotten. In The Disappearance of Lydia Harvey: A True Story of Sex, Crime and the Meaning of Justice (Profile Books, 2021), historian Julia Laite traces Lydia's extraordinary life from her home in New Zealand to the streets of Buenos Aires and safe houses of London. She also reveals the lives of international traffickers Antonio Carvelli and his mysterious wife Marie, the policemen who tracked them down, the journalists who stoked the scandal, and Eilidh MacDougall, who made it her life's mission to help women who'd been abused and disbelieved. Together, they tell an immersive story of crime, travel and sexual exploitation, of lives long overlooked and forgotten by history, and of a world transforming into the 20th century Pamela Fuentes is an Assistant Professor in the Women’s and Gender Studies Department at Pace University-NYC campus. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 141Katarzyna Person, "Warsaw Ghetto Police: The Jewish Order Service During the Nazi Occupation" (Cornell UP, 2021)
In Warsaw Ghetto Police: The Jewish Order Service during the Nazi Occupation (Cornell University Press/US Holocaust Memorial Museum, 2021) , Katarzyna Person shines a spotlight on the lawyers, engineers, young yeshiva graduates, and sons of connected businessmen who, in the autumn of 1940, joined the newly formed Jewish Order Service. Person tracks the everyday life of policemen as their involvement with the horrors of ghetto life gradually increased. Facing and engaging with brutality, corruption, and the degradation and humiliation of their own people, these policemen found it virtually impossible to exercise individual agency. While some saw the Jewish police as fellow victims, others viewed them as a more dangerous threat than the German occupation authorities; both were held responsible for the destruction of a historically important and thriving community. Person emphasizes the complexity of the situation, the policemen's place in the network of social life in the ghetto, and the difficulty behind the choices that they made. By placing the actions of the Jewish Order Service in historical context, she explores both the decisions that its members were forced to make and the consequences of those actions. Featuring testimonies of members of the Jewish Order Service, and of others who could see them as they themselves could not, Warsaw Ghetto Police brings these impossible situations to life. It also demonstrates how a community chooses to remember those whose allegiances did not seem clear. Katarzyna Person is a historian specialising in the history of the Holocaust and its aftermath in occupied Poland, working in the Jewish Historical Institute in Warsaw. She is the author of Assimilated Jews in the Warsaw Ghetto (Syracuse University Press, 2014). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 30Pirates of the South China Sea: A Brief Introduction to Maritime Piracy in Southeast Asia with Professor Justin Hastings
Since the decline of piracy off the coast of the Horn of Africa, Southeast Asia has re-emerged as the world’s hotspot for maritime piracy, with 85 reported attacks in the region in 2020 alone. Unlike much of the rest of the world, Southeast Asia has also seen a resurgence of sophisticated maritime piracy, beyond just simple robberies. Yet this recent upsurge in maritime piracy is no coincidence. Professor Justin Hastings spoke to Dr Natali Pearson about Southeast Asia’s long history of maritime piracy, highlighting how the region’s archipelagic geography, legacies from colonial rule, trade integration, contested maritime boundaries, political unrest, and weak governance have all contributed to the rise of maritime piracy, and explaining the many strategies pirates have adopted over time to respond to state crackdowns. Justin Hastings is Professor of International Relations and Comparative Politics at the University of Sydney. He researches the geography and political economy of clandestine groups, including maritime pirates, organized criminals, terrorists, insurgents, nuclear traffickers, and black and gray markets, with a focus on Southeast Asia, Northeast Asia, and the Indian Ocean Region. He is the author of No Man’s Land: Globalization, Territory, and Clandestine Groups in Southeast Asia (2010) and A Most Enterprising Country: North Korea in the Global Economy (2016). For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 994Linda Colley, "The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World" (Liveright, 2021)
Linda Colley is a luminary in the fields of British and imperial history, and the Shelby M. C. Davis 1958 Professor of History at Princeton University. Her captivating new book The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World (Liveright, 2021) narrates a sweeping global history of written constitutions from the 18th to the 21st century. Bold, imaginative, and strikingly original, it challenges established accounts and uncovers the close connection between constitution-making and warfare. Colley brings to the fore historiographically neglected sites and actors, from Catherine the Great to Sierra Leone's James Africanus Beale Horton and Tunisia's soldier-constitutionalist Khayr-al-Din. The monograph focuses on the myriad ways in which constitutions crossed boundaries and intersected with wider political, cultural, and socioeconomic forces in all corners of the globe. By displaying both the emancipatory and the repressive effects of modern constitutions, The Gun, the Ship, and the Pen retells the serpentine story of successful and failed attempts to redefine the functions and limits of state governments. Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 16Tom Barker, "Aggressors in Blue: Exposing Police Sexual Misconduct" (Palgrave Macmillan, 2020)
Aggressors in Blue: Exposing Police Sexual Misconduct (Palgrave Macmillan, 2020) presents a powerful and thorough investigation into police deviance and sexual misconduct in the US. Drawing on news reports, official government press releases and academic research sources, Tom Barker examines a wide array of cases including sexual harassment, sexual abuse, child molestation and police killings, including those of prisoners behind bars. Substantiated with additional cases from the UK, Russia and beyond, analysis is also conducted of the experiences of the victims of those crimes. Aggressors in Blue argues that this misconduct has its roots in the nature of the law enforcement occupation, and outlines the typical conditions which enables police sexual abuse to take place. This is a bold new investigation which speaks to students and academics in criminal justice, criminology and social justice in particular, as well as to scholars, social justice advocates, law enforcement professionals, policy-makers and academics in other related disciplines. Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 989Alex Wellerstein, "Restricted Data: The History of Nuclear Secrecy in the United States" (U Chicago Press, 2021)
The American atomic bomb was born in secrecy. From the moment scientists first conceived of its possibility to the bombings of Hiroshima and Nagasaki and beyond, there were efforts to control the spread of nuclear information and the newly discovered scientific facts that made such powerful weapons possible. The totalizing scientific secrecy that the atomic bomb appeared to demand was new, unusual, and very nearly unprecedented. It was foreign to American science and American democracy--and potentially incompatible with both. From the beginning, this secrecy was controversial, and it was always contested. The atomic bomb was not merely the application of science to war, but the result of decades of investment in scientific education, infrastructure, and global collaboration. If secrecy became the norm, how would science survive? Drawing on troves of declassified files, including records released by the government for the first time through the author's efforts, Alex Wellerstein's book Restricted Data: The History of Nuclear Secrecy in the United States (University of Chicago Press, 2021) traces the complex evolution of the US nuclear secrecy regime from the first whisper of the atomic bomb through the mounting tensions of the Cold War and into the early twenty-first century. A compelling history of powerful ideas at war, it tells a story that feels distinctly American: rich, sprawling, and built on the conflict between high-minded idealism and ugly, fearful power. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 82Jessica Ordaz, "The Shadow of El Centro: A History of Migrant Incarceration and Solidarity" (UNC Press, 2021)
Bounded by desert and mountains, El Centro, California, is isolated and difficult to reach. However, its location close to the border between San Diego and Yuma, Arizona, has made it an important place for Mexican migrants attracted to the valley’s agricultural economy. In 1945, it also became home to the El Centro Immigration Detention Camp. The Shadow of El Centro: A History of Migrant Incarceration and Solidarity (University of North Carolina Press, 2021) tells the story of how that camp evolved into the Immigration and Customs Enforcement Service Processing Center of the 2000s and became a national model for detaining migrants—a place where the policing of migration, the racialization of labor, and detainee resistance coalesced. Using government correspondence, photographs, oral histories, and private documents, Jessica Ordaz reveals the rise and transformation of migrant detention through this groundbreaking history of one detention camp. The story shows how the U.S. detention system was built to extract labor, to discipline, and to control migration, and it helps us understand the long and shadowy history of how immigration officials went from detaining a few thousand unauthorized migrants during the 1940s to confining hundreds of thousands of people by the end of the twentieth century. Ordaz also uncovers how these detained migrants have worked together to create transnational solidarities and innovative forms of resistance. David-James Gonzales (DJ) is Assistant Professor of History at Brigham Young University. He is a historian of migration, urbanization, and social movements in the U.S., and specializes in Latina/o/x politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 107Ned Richardson-Little, "The Human Rights Dictatorship: Socialism, Global Solidarity and Revolution in East Germany" (Cambridge UP, 2020)
In The Human Rights Dictatorship: Socialism, Global Solidarity and Revolution in East Germany (Cambridge UP, 2020), Ned Richardson-Little exposes the forgotten history of human rights in the German Democratic Republic, placing the history of the Cold War, Eastern European dissidents and the revolutions of 1989 in a new light. By demonstrating how even a communist dictatorship could imagine itself to be a champion of human rights, this book challenges popular narratives on the fall of the Berlin Wall and illustrates how notions of human rights evolved in the Cold War as they were re-imagined in East Germany by both dissidents and state officials. Ultimately, the fight for human rights in East Germany was part of a global battle in the post-war era over competing conceptions of what human rights meant. Nonetheless, the collapse of dictatorship in East Germany did not end this conflict, as citizens had to choose for themselves what kind of human rights would follow in its wake. Jill Massino is a scholar of modern Eastern Europe with a focus on Romania, gender, and everyday life. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 534Michelle Schwarze, "Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought" (Cambridge UP, 2020)
Michelle Schwarze’s engaging new book, Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought (Cambridge UP, 2020), delves into the idea and role of resentment within the political environment and how spectatorial resentment can work to support the pursuit of justice within society and political systems. Schwarze argues that resentment, as an emotion, recognizes the humanity in others, and, if realized appropriately, can help integrate emotions into political life. The liberal political project focuses so much on rationality and eliding the emotions, the turn to resentment and, from it, sympathy can seem at odds both with the modern liberal approach and with our general understanding of resentment. Schwarze’s research centers around three thinkers from the Scottish Enlightenment, Bishop Joseph Butler, Adam Smith, and David Hume. Recognizing Resentment also integrates work by Thomas Hobbes, Bernard Mandeville, Samuel von Pufendorf, as all of these thinkers were considering the role of sentiment, specifically sympathy within liberal society, and this is a path towards sympathetic resentment, which allows a citizen to put themselves in the shoes of another, particularly an individual who has been wronged or is a victim, and to advocate for justice on behalf of another. Spectatorial resentment is the embodiment of this capacity, this ability to adopt emotions on behalf of other people—especially anger—and this can sustain a kind of contagion sympathy. Recognizing Resentment’s focus on Butler, Hume, and Smith as their work is trying to get at the emotions that are behind justice, pursuing the specific concern with social trust. The individual needs to be able to adopt the resentment of others—this also provides a kind of equality across citizens, thus leading to a form of political equality, which is a key component of liberal society. Schwarze also discussed the pitfalls or problems with sympathetic resentment, and the forms of inequality that can undermine the capacity for true spectatorial resentment. If citizens are too stratified, particularly based on class and wealth, it becomes quite difficult to sympathize with each other. Recognizing Resentment: Sympathy, Injustice, and Liberal Political Thought leads the reader through the complexities of affect within politics and political thought, and argues for the importance of resentment within a just political order. 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
Ep 120Joseph McQuade, "A Genealogy of Terrorism: Colonial Law and the Origins of an Idea" (Cambridge UP, 2020)
Today I talked to Joseph McQuade about his book A Genealogy of Terrorism: Colonial Law and the Origins of an Idea (Cambridge University Press, 2020). Using India as a case study, Joseph McQuade demonstrates how the modern concept of terrorism was shaped by colonial emergency laws dating back into the nineteenth and early twentieth centuries. Beginning with the 'thugs', 'pirates', and 'fanatics' of the nineteenth century, McQuade traces the emerging and novel legal category of 'the terrorist' in early twentieth-century colonial law, ending with an examination of the first international law to target global terrorism in the 1930s. Drawing on a wide range of archival research and a detailed empirical study of evolving emergency laws in British India, he argues that the idea of terrorism emerged as a deliberate strategy by officials seeking to depoliticize the actions of anti-colonial revolutionaries, and that many of the ideas embedded in this colonial legislation continue to shape contemporary understandings of terrorism today. Dr. Joseph McQuade is a Postdoctoral Fellow in the Asian Institute at the Munk School of Global Affairs and Public Policy at the University of Toronto. Samee Siddiqui is a former journalist who is currently a PhD Candidate at the Department of History, University of North Carolina at Chapel Hill. His dissertation explores discussions relating to religion, race, and empire between South Asian and Japanese figures in Tokyo from 1905 until 1945. You can find him on twitter @ssiddiqui83 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 58Erin Stewart, "The Missing Among Us: Stories of Missing Persons and Those Left Behind" (NewSouth, 2020)
'To be missing, you must be missed'. Erin Stewart's 2021 book examines missing for just about every point of view. In Australia 38,000 people are reported missing each year and in the US it's over 600,000. In the UK someone is reported missing every 90 seconds. Many of these cases are never resolved. Blending long-form journalism with true crime and philosophy, The Missing Among Us: Stories of Missing Persons and Those Left Behind (NewSouth, 2020) takes us from the Australian bush to the battlefields of Northern France and the perilous space of a refugee camp to explore the stories of the missing. Erin Stewart speaks to parents of missing children, former cult members, detectives and investigators, advocates working on the crisis of missing refugees, a child of the Stolen Generations and many more to trace the mysterious world of missing persons. Examining famous cases like that of Madeleine McCann to those who are lesser known yet equally loved and mourned, this unique book forces us to see the complex story behind each missing person and those they leave behind. Erin Stewart PhD in non-fiction writing, working as a freelance writer based in Canberra. Erin approaches writing with radical curiosity, always looking for fascinating stories incorporating strong analysis and reflection. Erin focus on stories and people that/who present the unexpected and make us see the world a little differently. Topics include the intersections of culture, tech, medicine, politics, and personal experiences. Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). [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
Ep 27David R. Boyd, "The Rights of Nature: A Legal Revolution That Could Save the World" (ECW Press, 2017)
Palila v Hawaii. New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building ― in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species ― from birds to lions ― have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems ― rivers, forests, mountains, and more ― have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature: A Legal Revolution That Could Save the World (ECW Press, 2017), noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever. David R. Boyd is an environmental lawyer, professor, and advocate for recognition of the right to live in a healthy environment. Boyd is the award-winning author of eight books, including The Optimistic Environmentalist, and co-chaired Vancouver’s Greenest City initiative with Mayor Gregor Robertson. He lives on Pender Island, B.C. For more information, visit DavidRichardBoyd.com. Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 128Matthew Clair, "Privilege and Punishment: How Race and Class Matter in Criminal Court" (Princeton UP, 2020)
Privilege and Punishment: How Race and Class Matter in Criminal Court (Princeton UP, 2020) by Matthew Clair is a powerful ethnographic study of the experiences and perspectives of criminal defendants. While many studies have demonstrated the existence of race and class disparities in the criminal justice system, Clair conducted a rare and compelling study that puts heart and emotion into these disparities. As he argues and shows, not only should we care about quantitative inequalities in criminal justice, but "[w]e should [also] be concerned about differences in the quality of the court experience" for so many defendants. Clair did extensive interviews with and observed criminal defendants, defense lawyers, judges, police officers, and others interact with each other in the Boston court system. What he shows is a system that operates differently for people of privilege compared to people without. While many criminal defendants face struggles of alienation from societal structures, the underprivileged often resort to crime out of necessity, whereas privileged defendants were more likely to enter the system because of pleasure-seeking or to avoid pain. Once in courtrooms, underprivileged defendants, especially racial minorities, develop profound mistrust of their court-appointed attorneys. These defendants face, and have often repeatedly been represented by overworked lawyers who often refuse to listen or to develop relationships of trust with their clients, which led many of these defendants to "withdraw," as Clair coins it, from the attorney-client relationship. Some resisted the lawyer or the court: complaining openly about the lack of diligence, asking the court to appoint new counsel, or taking it upon themselves (often with group support) to learn the law and make the arguments their lawyers refused to make. Others developed what Clair calls an attitude of resignation, recognizing the futility of their situation, and essentially giving up the fight. The experience is fundamentally different for privileged defendants. These defendants often have broad social circles that include the police or lawyers. Because of those connections, they are able to obtain counsel of their choice. The payment of fees engenders trust in the relationship. These defendants defer to their lawyers, trust their judgment, and feel genuinely satisfied with the representation. Clair argues that courts punish those defendants who withdraw from their lawyers and reward those who defer to them. He calls on lawyers to develop more trusting relationships with their clients and to work toward a more holistic style of defense that considers more than just the legal issues in the case. He encourages courts to allow defendants to choose their court-appointed attorney and to encourage a more participatory legal system in which defendants are not punished for expressing dissatisfaction with their lawyer. Clair's study is replete with compelling and personal examples. The narrative is what makes this study especially moving. Clair gives voice to those who repeatedly tried, but failed to get their lawyers and courts to listen. Because of Clair's work, we can now hear them. Samuel P. Newton is an Assistant Professor of Law at the University of Idaho. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 139A. Dirk Moses, "The Problems of Genocide: Permanent Security and the Language of Transgression" (Cambridge UP, 2021)
Genocide is not only a problem of mass death, but also of how, as a relatively new idea and law, it organizes and distorts thinking about civilian destruction. Taking the normative perspective of civilian immunity from military attack, A. Dirk Moses argues that the implicit hierarchy of international criminal law, atop which sits genocide as the 'crime of crimes', blinds us to other types of humanly caused civilian death, like bombing cities, and the 'collateral damage' of missile and drone strikes. Talk of genocide, then, can function ideologically to detract from systematic violence against civilians perpetrated by governments of all types. The Problems of Genocide: Permanent Security and the Language of Transgression (Cambridge UP, 2021) contends that this violence is the consequence of 'permanent security' imperatives: the striving of states, and armed groups seeking to found states, to make themselves invulnerable to threats. Jeff Bachman is Senior Lecturer in Human Rights at American University’s School of International Service in Washington, DC. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Ep 158Andrew T. Walker, "Liberty for All: Defending Everyone's Religious Freedom in a Pluralistic Age" (Brazos Press, 2021)
Christians are often thought of as defending only their own religious interests in the public square. They are viewed as worrying exclusively about the erosion of their freedom to assemble and to follow their convictions, while not seeming as concerned about publicly defending the rights of Muslims, Hindus, Jews, and atheists to do the same. In Liberty for All: Defending Everyone's Religious Freedom in a Pluralistic Age (Brazos Press, 2021), Andrew T. Walker, an emerging Southern Baptist public theologian, argues for a robust Christian ethic of religious liberty that helps the church defend religious freedom for everyone in a pluralistic society. Whether explicitly religious or not, says Walker, every person is striving to make sense of his or her life. The Christian foundations of religious freedom provide a framework for how Christians can navigate deep religious difference in a secular age. As we practice religious liberty for our neighbors, we can find civility and commonality amid disagreement, further the church's engagement in the public square, and become the strongest defenders of religious liberty for all. Foreword by noted Princeton scholar Robert P. George. Zach McCulley (@zamccull) is a historian of religion and literary cultures in early modern England and PhD candidate in history at Queen's University Belfast. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law