New Books in Law

Cristina Beltrán has written a thoughtful and interrogating analysis of the concept of citizenship, particularly in the United States, and how the history of the United States as a country has shaped an understanding of who gets to be “belong” as a member of this society. The book, Cruelty as Citizenship: How Migrant Suffering Sustains White Democracy is part of the Forerunners book series published by the University of Minnesota Press—this series, as we discuss in our conversation, publishes shorter works that dig into ideas across a broad and interdisciplinary spectrum. And this is precisely what Beltrán has done in this book, in terms of engaging historiography, Cultural Studies, LatinX Studies, political theory, American Studies, and other disciplines to aid her unwrapping of our understanding of immigrants and migrants, and why there is an interest in seeing these groups as “others” and, among certain segments of the population, wanting to make sure they suffer in this exclusionary position. Beltrán takes the reader through both imagined and real spaces in terms of the place of the immigrant and the migrant in the United States, weaving the role of the American frontier, the way that settler-colonialism operated inside the U.S., and an understanding of white identity within all of these contexts. Cruelty as Citizenship is an accessible exploration of the tensions within the United States that surround our reactions to those coming to this country (forcibly, or by choice) and how racial identity has shaped the varied experiences and responses of those who come to the United States and those who have proceeded them here. As Beltrán noted in our discussion, she had come to this work in an effort to tease out the different political affiliations within the LatinX population in the U.S. What she found was that in order to understand the political responses by LatinX voters, the entire dynamic between different racial groups and the role of racial domination needs to be explored. Thus, Cruelty as Citizenship is the result of digging into the political dynamics within different racial groups in the United States, and getting at the role of white identity, and thus white democracy, within American cultural concepts and expectations of political and state power. Cruelty as Citizenship guides the reader through multiple facets of American history, politics, culture, and ideas about what it is to be American and who has the right to claim this identity as their own. 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

The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts (Oxford UP, 2018) brings together an extraordinary collection of data and analysis which concerns how domestic courts interpret and apply the Convention on the Rights of Persons with Disabilities. It is the first thorough comparative collection of research which brings together the approaches to the interpretation and application of the CRPD in domestic courts across thirteen jurisdictions from around the world. In this groundbreaking book, leading global scholars in disability law, Professor Lisa Waddington and Professor Anna Lawson, give the reader unique insight into the influence that the CRPD is having in domestic courts. The first part of the book provides an extensive comparative analysis of the role of the courts in bringing about compliance with the Convention. The second half of the book brings together these findings, offering understandings into the implications for human rights law and theory, contextualised more broadly in international human rights law. This work will be the basis for extensive research into the uses and application of the CRPD, especially with regards to the function and limits of the role of the courts in disability rights enforcement. The book is be an essential resource for any scholar or student of disability law, international law, and human rights. Lisa Waddington is a Professor, and Endowed Chair of International and European Law in the faculty of law in Maastricht University in the Netherlands. She holds the European Disability Forum Chair in European Disability Law and her principal area of interest lies in European and comparative disability law, the UN Convention on the Rights of Persons with Disabilities, and European and comparative equality law. Anna Lawson is a Professor in disability and law at the University of Leeds. She is the Joint Director of the University wide interdisciplinary Centre for Disability Studies and the Co-ordinator of the Disability Law Hub. She holds membership, trustee and advisory positions in a range of local, national and international disabled people’s and human rights organisations and regularly advises policy-makers, governments and intergovernmental organisations. 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

How do women claim rights against violence in India and with what consequences? By observing how survivors navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world's largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women's groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States: Negotiating Violence and Rights in India (Oxford UP, 2020) shows how the Indian criminal justice system governs violence against women not by protecting them from harm, but by forcing them to become "capable": to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury's book houses implications for how we understand gender inequality and governance not just in India, but large parts of the world where political mobilization for rights confronts negligent criminal justice systems throughout the world. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the wake of the George Floyd killing, many Americans are engaging in a renewed debate about the role violence and especially police violence, plays in American society. In A Pattern of Violence: How the Law Classifies Crimes and What it Means for Justice (Harvard UP, 2020), David Alan Sklansky, the Stanley Morrison Professor of Law at Stanford Law School, argues that in order to think sensibly about criminal justice, we must consider how we think about violence and the criminal law’s role in shaping our perceptions. Sklansky argues that the criminal law’s definitions of violence have proven “slippery” and have been used in highly inconsistent ways. We talk about offenders as being characterologically violent, but contrastingly talk about the police, gun owners, or free speech activists in nonviolent terms. For example, police officers use “force” to subdue “vicious” criminals. Or they “stop and frisk” suspects instead of violently violating a person’s bodily integrity. While the police have increasingly militarized and have become more insular and reactionary, Sklansky argues that police institutions themselves have also played a role in creating many of the situations in which the police find themselves. Additionally, Sklansky significantly details how our conversations of violence regarding rape and domestic violence, the treatment of juvenile offenders, and free speech and gun rights, suffer from the same inconsistencies, especially as they tend to exaggerate and perpetuate race, gender, and class differences. Sklansky argues that the law has not always drawn consistent boundaries between violent and non-violent offenses. Burglary, while labeled a violent felony, requires no act of interpersonal violence. Assault or battery, on the other hand, are often misdemeanors, though they require physical violence. In addition to thinking inconsistently about violence, most Americans accept and even celebrate forms of societal violence. For example, American prisons, while not officially condoning violence, allow and sometimes encourage violence against prisoners as forms of discipline and retribution. As Sklansky argues, violence in these institutions is often treated as a form of entertainment, a “morbid parody of combat sports.” Sklansky prompts us to confront our overly simplistic definitions and assumptions about violence in the American law. He encourages us to take advantage of an increased awareness of violence and to work toward more just and consistent definitions. Samuel P. Newton is an Assistant Professor of Law at the University of Idaho College of Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is the impact of surveillance capitalism on our right to free speech? The Internet once promised to be a place of extraordinary freedom beyond the control of money or politics, but today corporations and platforms exercise more control over our ability to access information and share knowledge to a greater extent than any state. From the online calls to arms in the thick of the Arab Spring to the contemporary front line of misinformation, Jillian York charts the war over our digital rights. She looks at both how the big corporations have become unaccountable censors, and the devastating impact it has had on those who have been censored. In Silicon Values: The Future of Free Speech Under Surveillance Capitalism (Verso Book, 2021), leading campaigner Jillian York, looks at how our rights have become increasingly undermined by the major corporations desire to harvest our personal data and turn it into profit. She also looks at how governments have used the same technology to monitor citizens and threatened our ability to communicate. As a result our daily lives, and private thoughts, are being policed in an unprecedented manner. Who decides the difference between political debate and hate speech? How does this impact on our identity, our ability to create communities and to protest? Who regulates the censors? In response to this threat to our democracy, York proposes a user-powered movement against the platforms that demands change and a new form of ownership over our own data. Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Migration and Hybrid Political Regimes: Navigating the Legal Landscape in Russia (University of California Press, 2020), Dr. Rustam Urinboyev presents rich ethnographic material to reconceptualize how migrants adapt to new legal environment in hybrid political regimes that are neither democratic nor conventionally authoritarian. Focused on Uzbek labor migrants from the Fergana Valley in Uzbekistan, Urinboyev’s book makes an important contribution to the literature on migration studies, socio-legal scholarship and Russian and Central Asian Studies by ethnographically demonstrating how Uzbek migrants negotiate the Russia’s immigration legal regime by relying on various informal and illegal practices that offer alternative means of adaptation under the conditions of shadow economy. Placing emphasis on the agency of Uzbek labor migrants, Urinboyev shows how they use informal channels to secure employment, wages, and other forms of protection despite the difficulty of operating within the official legal framework. Accessible to a wide audience, the book will be of interest to policy makers, scholars, students, and anyone else interested in contemporary global migration, Central Asia, and Russia. The book was published open-access and can be found here. Nicholas Seay is a PhD student at Ohio 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

In Give Me Liberty: A History of America's Exceptional Idea (Basic Books, 2019), Richard Brookhiser has written a history of an idea, liberty, using an unconventional format of a review of documents from America’s past that touch upon different understandings of liberty. Brookhiser reviews thirteen documents from each era of America’s past. He starts with the 1619 document noting the beginning of representative and deliberative self-government in Jamestown, Virginia. He includes a review of notable, well known documents, from the Seneca Falls Declaration from 1848 to Lincoln’s Gettysburg Address from 1863 to William Jennings Bryan’s “Cross of Gold” speech in 1896 to Ronald Reagan’s Berlin Wall speech in 1987. Yet, Brookhiser also analyzes some “hidden history,” covering documents that are less well known. For example, he reviews the Flushing Remonstrance of 1657, wherein common people in New York publicly demanded liberty of conscience, not for themselves, but for a religious minority and for religious beliefs they did not personally embrace. Instances such as these reveal the widespread and deeply felt sense that liberty is endemic to humans and should be recognized by positive law and protected by government. 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

We commonly ascribe beliefs and similar attitudes to groups. For instance, we say that a foreign government believes that members of the press are spies, or that a corporation denies that its product is harmful to the environment. Sometimes, it seems that in such cases, we are simply ascribing to the group the shared beliefs of its members. But there are other cases in which it appears we are referencing an independent subject of the belief or attitude – the government or the corporation, over and above its members. Puzzles abound. In The Epistemology of Groups (Oxford 2021), Jennifer Lackey develops a unified account of group belief, justified group belief, group knowledge, and group assertion. Intriguingly, this account serves ultimately to allow us to make sense of group lies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the spring of 1942, the United States government forced 120,000 Japanese Americans from their homes in California, Oregon, Washington, and Arizona and sent them to incarceration camps across the West. Nearly 14,000 of them landed on the outskirts of Cody, Wyoming, at the base of Heart Mountain. Behind barbed wire fences, they faced racism, cruelty, and frozen winters. Trying to recreate comforts from home, many established Buddhist temples and sumo wrestling pits. Kabuki performances drew hundreds of spectators—yet there was little hope. That is, until the fall of 1943, when the camp’s high school football team, the Eagles, started its first season and finished it undefeated, crushing the competition from nearby, predominantly white high schools. Amid all this excitement, American politics continued to disrupt their lives as the federal government drafted men from the camps for the front lines—including some of the Eagles. As the team’s second season kicked off, the young men faced a choice to either join the Army or resist the draft. Teammates were divided, and some were jailed for their decisions. Bradford Pearson's The Eagles of Heart Mountain: A True Story of Football, Incarceration and Resistance in World War II America (Atria, 2021) honors the resilience of extraordinary heroes and the power of sports in a sweeping and inspirational portrait of one of the darkest moments in American history. Paul Knepper used to cover the Knicks for Bleacher Report. His first book, The Knicks of the Nineties: Ewing, Oakley, Starks and the Brawlers That Almost Won It All was published in September 2020. You can reach Paul at [email protected] and follow him on Twitter @paulieknep. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What if the sovereignty of the First Nations was recognised by European international law in the eighteenth and nineteenth centuries? What if the audacious British annexation of a whole continent was not seen as acceptable at the time and the colonial office in Britain understood that 'peaceful settlement' was a fiction? If the 1901 parliament did not have control of the whole continent, particularly the North, by what right could the new nation claim it? The historical record shows that the argument of the Uluru Statement from the Heart is stronger than many people imagine and the centuries-long legal position about British claims to the land far less imposing than it appears. In Truth Telling: History, Sovereignty and the Uluru Statement (NewSouth, 2021), influential historian Henry Reynolds pulls the rug from legal and historical assumptions, with his usual sharp eye and rigour, in a book that's about the present as much as the past. His work shows exactly why our national war memorial must acknowledge the frontier wars, why we must change the date of our national day, and why treaties are important. Most of all, it makes urgently clear that the Uluru Statement is no rhetorical flourish but carries the weight of history and law and gives us a map for the future. Henry Reynolds is Honorary Research Professor, Aboriginal Studies Global Cultures & Languages, University of Tasmania 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

Dr Katie Cruz contributed a chapter titled "The Work of Sex Work: Prostitution, Unfreedom and Criminality at Work" to the book Criminality at Work. In this podcast, Dr Cruz talks about her research around stripping and labour rights. She discusses the case of Nowack vs Chandler Bars when a woman working as a stripper in a London strip club was successful in pursuing her case against the club. She discusses her other work including her research among sex workers in Jamaica. Kate's blog posts are available here. Cruz's other works in include: --Cruz, K., & Brown, W. (2016). "Feminism, law, and neoliberalism: An interview and discussion with Wendy Brown." Feminist Legal Studies, 24(1), 69-89. --Cruz, K. (2018). "Beyond Liberalism: Marxist feminism, migrant sex work, and labour unfreedom." Feminist Legal Studies, 26(1), 65-92. --Hardy, K., & Cruz, K. (2019). "Affective organizing: Collectivizing informal sex workers in an intimate union." American behavioural scientist, 63(2), 244-261. --Cruz, K., Davidson, J. O. C., & Taylor, J. S. (2019). "Tourism and sexual violence and exploitation in Jamaica: contesting the ‘trafficking and modern slavery frame." Journal of the British Academy, 7(s1), 191-216. 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

The ratification of the Nineteenth Amendment to the Constitution of the United States, which granted women the right to vote nationwide, was the culmination of a long and oftentimes contentious campaign that had its origins in the beginnings of the nation itself. In American Women’s Suffrage: Voices from the Long Struggle for the Vote, 1776-1965 (Library of America, 2020) Susan Ware provides readers with a sampling of the letters, articles, speeches, and other contemporary documents that reflect both the ideas of the movement and the arguments deployed against it. Her selections demonstrate how the battle of women’s suffrage was itself a part of a broader campaign for women’s rights in the early 19th century. Though it was galvanized by the activism of women from the abolitionist movement, the solidarity born of common oppression was shattered after the Civil War, when many suffragists expressed frustration with their exclusion from the voting rights being granted to Blacks. While a corps of dedicated activists continued their campaign into the 20th century, it was only in the 1910s that momentum shifted decisively in their direction. As Ware demonstrates, their success in gaining ratification in 1920 was less the conclusion of women’s efforts for political quality than it was the end of one stage and the beginning of a new effort to turn the newly-won franchise into political power – an effort that continues down to the present day. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Immigration in the 21st Century: The Comparative Politics of Immigration Policy (Routledge, 2020) is an excellent primer for those looking to understand the complexities of immigration not only as a policy arena, but the study of immigration and migration, and to get a sense of the different approaches to immigration from a variety of kinds of countries. Terri Givens, Rachel Navarre, and Pete Mohanty have written a sophisticated and accessible text that would be of interest to anyone who wants to learn a bit more about immigration. The authors explain the different approaches to immigration taken by different countries, depending on the historical and political contexts of those countries. They group countries together into categories, with defining characteristics that contribute to the form and shape of the immigration policies that have been implemented. Attention is paid to the post-World War II European shifts in immigration and policies that provided avenues for workers to help with the rebuilding of places like Germany and France. There is also a discussion of the way that globalization has contributed to the evolution of immigration processes, and how migration is also participating in the shape of newer policies and political responses. In our conversation, Givens explains the way that sovereignty and nation building provide the framing for immigration policies and how nations think about those whom they allow to become citizens. Immigration in the 21st Century provides an understanding of immigration from a practical perspective, contextualizing it in the world that came out of World War II. This book also integrates the role that the Cold War played in both immigration and migration during the period of tension between the East and the West, and then what happened after the end of the Cold War. In our conversation, Givens notes the differences between immigration, which is generally a public and political policy that a nation puts into place, and migration, which follows the flow of people from one place to another place, often because of a triggering event, like war and conflict, or climate change. We also discuss the different policies that govern the trade of goods across borders and the more complicated nature of implementing policies that govern the movement of people across borders. Immigration in the 21st Century is a useful and thoughtful analysis of the complexities of immigration in the modern world. Terri Givens also has a website devoted to the book itself and updating information about immigration. Here is the link to that website, which also includes a coupon for a discount on the book: https://www.terrigivens.com/immigration/ 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

Since the historic #MeToo movement materialized in 2017, innumerable survivors of sexual assault and misconduct have broken their silence and called out their abusers publicly--from well-known celebrities to politicians and high-profile business leaders. Not surprisingly, conservatives quickly opposed this new movement, but the fact that "sex positive" progressives joined in the opposition was unexpected and seldom discussed. Why We Lost the Sex Wars: Sexual Freedom in the #MeToo Era (University of Minnesota Press, 2021) explores how a narrow set of political prospects for resisting the use of sex as a tool of domination came to be embraced across this broad swath of the political spectrum in the contemporary United States. To better understand today's multilayered sexual politics, Lorna N. Bracewell offers a revisionist history of the "sex wars" of the 1970s, '80s, and '90s. Rather than focusing on what divided antipornography and sex-radical feminists, Bracewell highlights significant points of contact and overlap between these rivals, particularly the trenchant challenges they offered to the narrow and ambivalent sexual politics of postwar liberalism. Bracewell leverages this recovered history to illuminate in fresh and provocative ways a range of current phenomena, including recent controversies over trigger warnings, the unimaginative politics of "sex-positive" feminism, and the rise of carceral feminism. By foregrounding the role played by liberal concepts such as expressive freedom and the public/private divide as well as the long-neglected contributions of Black and "Third World" feminists, Bracewell upends much of what we think we know about the sex wars and makes a strong case for the continued relevance of these debates today. Why We Lost the Sex Wars provides a history of feminist thinking on topics such as pornography, commercial sex work, LGBTQ+ identities, and BDSM, as well as discussions of such notable figures as Patrick Califia, Alan Dershowitz, Andrea Dworkin, Elena Kagan, Audre Lorde, Catharine MacKinnon, Cherríe Moraga, Robin Morgan, Gayle Rubin, Nadine Strossen, Cass Sunstein, and Alice Walker. 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

In 2013, when the state of Oklahoma erected a statue of the Ten Commandments on the grounds of the state capitol, a group calling themselves The Satanic Temple applied to erect a statue of Baphomet alongside the Judeo-Christian tablets. Since that time, The Satanic Temple has become a regular voice in national conversations about religious freedom, disestablishment, and government overreach. In addition to petitioning for Baphomet to appear alongside another monument of the Ten Commandments in Arkansas, the group has launched campaigns to include Satanic "nativity scenes" on government property in Florida, Michigan, and Indiana, offer Satanic prayers at a high school football game in Seattle, and create "After School Satan" programs in elementary schools that host Christian extracurricular programs. Since their 2012 founding, The Satanic Temple has established 19 chapters and now claims 100,000 supporters. Is this just a political group perpetuating a series of stunts? Or is it a sincere religious movement? Joseph Laycock's new book, Speak of the Devil: How The Satanic Temple is Changing the Way We Talk about Religion (Oxford University Press, 2020) is the first book-length study of The Satanic Temple. Laycock contends that the emergence of "political Satanism" marks a significant moment in American religious history that will have a lasting impact on how Americans frame debates about religious freedom. Though the group gained attention for its strategic deployment of outrage, it claims to have developed beyond politics into a genuine religious movement. Equal parts history and ethnography, Speak of the Devil is Laycock's attempt to take seriously The Satanic Temple's work to redefine religion, the nature of pluralism and religious tolerance, and what "religious freedom" means in America. Joseph Laycock is an associate professor of religious studies at Texas State University. He has written several books on new religious movements and American religious history, including one on role playing games and the satanic panic. He is also a co-editor for the journal Nova Religio. Carrie Lynn Evans is a PhD student at Université Laval in Quebec City. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Much has long been made of the bold legislative action that President Franklin Delano Roosevelt marshalled forward in his first 100 days in office in the midst of the Great Depression. To take stock of the Biden presidency, Lilly and Susan asked three thoughtful political scientists—Dr. Jonathan Bernstein (Bloomberg Media), Dr. Nadia E. Brown (Purdue University), and Dr. Jane Junn (University of Southern California) to interrogate the early days of the Biden Administration. They not only provided keen observations about the Executive Branch, but also about Congress and state governments. The lively discussion shifted quickly from the arbitrary marker of the first 100 days to what is necessary to move policy forward in the closely divided U.S. House and Senate, and what the legislative agenda may look like going forward. We chat about the apparent pause in the swift swirling of our politics—though we debate whether the new administration is a return to normalcy and if it is possible, post Trump, to return to normalcy. In this context, there was a discussion of competence, expertise, intelligence, rationality, preparation, and integrity. We pay close attention to the political parties, with specific focus on the internal tensions in both the Democratic Party and the Republican Party. Our guests also spend time framing the political landscape with an understanding of the role and place of news media and social media. 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. Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at [email protected] or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Y. Yvon Wang draws on previously untapped archives--ranging from police archives and surveys to ephemeral texts and pictures--to argue that pornography in China represents a unique configuration of power and desire that both reflects and shapes historical processes. On the one hand, since the late imperial period, pornography has democratized pleasure in China and opened up new possibilities of imagining desire. On the other, ongoing controversies over its definition and control show how the regulatory ideas of premodern cultural politics and the popular products of early modern cultural markets have contoured the globalized world. Reinventing Licentiousness: Pornography and Modern China (Cornell University Press, 2021) emphasizes the material factors, particularly at the grassroots level of consumption and trade, that governed proper sexual desire and led to ideological shifts around the definition of pornography. By linking the past to the present and beyond, Wang's social and intellectual history showcases circulated pornographic material as a motor for cultural change. The result is an astonishing foray into what historicizing pornography can mean for our understandings of desire, legitimacy, capitalism, and culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Allison B. Wolf's Just Immigration in the Americas: A Feminist Account (Rowman and Littlefield, 2020) proposes a pioneering, interdisciplinary, feminist approach to immigration justice, which defines immigration justice as being about identifying and resisting global oppression in immigration structures, policies, practices, and norms. In contrast to most philosophical work on immigration (which begins with abstract ideas and philosophical debates and then makes claims based on them), this book begins with concrete cases and immigration policies from throughout the United States, Mexico, Central America, and Colombia to assess the nature of immigration injustice and set us up to address it. Every chapter of the book begins with specific immigration policies, practices or sets of immigrant experiences in the U.S. and Latin America and then explores them through the lens of global oppression to better identify what makes it unjust and to put us in a better position to respond to that injustice and improve immigrants’ lives. It is one of the first sustained studies of immigration justice that focuses on Central and South America in addition to the U.S. and Mexico. Ethan Besser Fredrick is a graduate student in Modern Latin American history seeking his PhD at the University of Minnesota. His work focuses on the Transatlantic Catholic movements in Mexico and Spain during the early 20th century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Following the 2008 financial crisis, the Federal Reserve’s monetary policy placed much greater focus on stabilizing the market than on helping struggling Americans. As a result, the richest Americans got a lot richer while the middle class shrank and economic and wealth inequality skyrocketed. In Engine of Inequality, Karen Petrou offers pragmatic solutions for creating more inclusive monetary policy and equality-enhancing financial regulation as quickly and painlessly as possible. Instead of proposing legislation that would never pass Congress, the author provides an insider's look at politically plausible, high-impact financial policy fixes that will radically shift the equality balance. Offering an innovative, powerful, and highly practical solution for immediately turning around the enormous nationwide problem of economic inequality, this groundbreaking book: Presents practical ways America can and should tackle economic inequality with fast-acting results; Provides revealing examples of exactly how bad economic inequality in America has become no matter how hard we all work; Demonstrates that increasing inequality is disastrous for long-term economic growth, political action, and even personal happiness; Explains why your bank's interest rates are still only a fraction of what they were even though the rich are getting richer than ever, faster than ever; Reveals the dangers of FinTech and BigTech companies taking over banking; Shows how Facebook wants to control even the dollars in your wallet; and Discusses who shares the blame for our economic inequality, including the Fed, regulators, Congress, and even economists. Engine of Inequality: The Fed and the Future of Wealth in America (Wiley, 2021) should be required reading for leaders, policymakers, regulators, media professionals, and all Americans wanting to ensure that the nation’s financial policy will be a force for promoting economic equality. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Pedro Gustavo Teixeira about his new book The Legal History of the European Banking Union: How European Law Led to the Supranational Integration of the Single Financial Market (Hart, 2020) Since 1950, the political and economic integration of Europe has tended to accelerate through functional mini-unions: coal and steel, nuclear power, and – in the wake of the coronavirus pandemic - it could well be healthcare next. The most recent of these mini-federations is the European Banking Union; born out of necessity at the height of the sovereign-debt crisis in 2012-13 but, as this new history emphasises, built on foundations laid in the 1970s. Within three years of its political green light, the EBU's core agencies - the Single Supervisory Mechanism (SSM) under the authority of the European Central Bank and the Single Resolution Mechanism - were in place yet, while huge changes have taken place, critical business has been left unfinished. "A regime geared towards ever more integration with distributive consequences, but without stabilisation capacity in the form of risk-sharing among member states and largely insulated from democratic politics will likely not be sustainable", writes Pedro Gustavo Teixeira. Pedro Gustavo Teixeira is director-general of governance and operations of the Single Supervisory Mechanism of the European Central Bank, secretary of its Supervisory Board, and a lecturer at the institute for law and finance at the Goethe University in Frankfurt. (Any views expressed are personal and not necessarily those of the ECB). *The author's own book recommendation is Dark Continent: Europe's Twentieth Century by Mark Mazower (Penguin, 1999 - latest edition 2018). Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Human dignity is the key term that the Universal Declaration on Human Rights placed at the center of legal discourse on a global level. In 1949, Germany incorporated the concept of human dignity in its Basic law. Human Dignity in Context (Nomos/Hart, 2018), edited by Dieter Grimm, Alexandra Kemmerer, and Christoph Möllers, provides a contextual analysis of human dignity, exploring its legal and political implications and reflecting current debates on human dignity in multiple disciplinary fields. In our interview, Alexandra and myself speak about the definition, benefits and challenges of the term, about Covid 19 as a case study of how we can use Human Dignity to make decisions about the contradicts needs and wishes of communities and people during the pandemic, we speak about the debate around human dignity and technology and more. Alexandra Kemmerer is senior research fellow and academic coordinator at the Max Planck Institute for Comparative Public Law and International Law in Berlin. Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. 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

Since President Nixon coined the phrase, the "War on Drugs" has presented an important change in how people view and discuss criminal justice practices and drug laws. The term evokes images of militarization, punishment, and violence, as well as combat and the potential for victory. It is no surprise then that questions such as whether the "War on Drugs" has "failed" or "can be won" have animated mass media and public debate for the past 40 years. Through analysis of 30 years of newspaper content, Debating the Drug War: Race, Politics, and Media in the War on Drugs Debate (Routledge, 2021) examines the social and cultural contours of this heated debate and explores how proponents and critics of the controversial social issues of drug policy and incarceration frame their arguments in mass media. Additionally, it looks at the contemporary public debate on the "War on Drugs" through an analysis of readers' comments drawn from the comments sections of online news articles. Through a discussion of the findings and their implications, the book illuminates the ways in which ideas about race, politics, society, and crime, and forms of evidence and statistics such as rates of arrest and incarceration or the financial costs of drug policies and incarceration are advanced, interpreted, and contested. Further, the book will bring to light how people form a sense of their racial selves in debates over policy issues tied to racial inequality such as the "War on Drugs" through narratives that connect racial categories to concepts such as innocence, criminality, free will, and fairness. Debating the Drug War offers readers a variety of concepts and theoretical perspectives that they can use to make sense of these vital issues in contemporary society. 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

The Death of Asylum: Hidden Geographies of the Enforcement Archipelago (University of Minnesota Press, 2020) arrives at an extraordinarily consequential moment for the future of asylum protections. Even as more and more people around the world find themselves displaced and endangered by violent conflict, climate change, and material deprivation, the small set of countries that once welcomed refugees and asylum seekers have closed themselves off. From the outside, we see Fortress Europe, kids in cages, and the criminalization of asylum seekers--but look closer, and there are far more elaborate geographical games taking place to effectively erase the possibility of asylum. In this award-winning book, Mountz traces the global chain of remote detention centers used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical idea, along with the continued death of asylum seekers themselves. Alongside her written work, Mountz and her colleague Kim Rygiel have started a podcast called Displacements that follows ongoing ongoing scholarship and activism in the migration space. Alongside her collaborate Lisa Molomot, she has released a documentary film called Safe Haven that follows Vietnam-war era resistors who sought protection in Canada. Alison Mountz is Professor of Geography and Canada Research Chair in Global Migration, and she is Director of the International Migration Research Centre at Wilfrid Laurier University in Canada. You can follow Alison on Twitter @AlisonMountz, and the host, Dino Kadich, @dinokadich. The New Books in Geography Twitter page is @NewBooksGeog. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his much anticipated and equally brilliant book Transformations of Tradition: Islamic Law in Colonial Modernity (Oxford UP, 2021), Junaid Quadri explores the productive tensions, fissures, and creative interpretive projects enabled by the drive to defend Muslim traditionalism under the looming shadows of colonial modernity. By focusing on the thought and career of the towering 20th century Egyptian scholar Bakhit al-Mutiʿi, Quadri interrogates ways in which new technologies like the telescope and telegraph interacted with traditional norms like moonsighting (for announcing beginning of Ramadan and ‘Id) to generate vexing yet fascinating conundrums of normative knowledge and practice for traditionalist scholars like Bakhit. Much of this book interrogates the hermeneutical strategies, tussles of religious authority, and new conceptions of religion that went into attempted resolutions of such novel conundrums. While maintaining normative fidelity to the tradition, Bakhit also transformed the tradition in indelible ways, Quadri argues. This engaging and provocative book will interest scholars from multiple fields, and spark great conversations in the classroom as well. 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

Siobhán Hearne's Policing Prostitution: Regulating the Lower Classes in Late Imperial Russia (Oxford UP, 2021) examines the complex world of commercial sex in the late Russian Empire. From the 1840s until 1917, prostitution was legally tolerated across the Russian Empire under a system known as regulation. Medical police were in charge of compiling information about registered prostitutes and ensuring that they followed the strict rules prescribed by the imperial state governing their visibility and behaviour. The vast majority of women who sold sex hailed from the lower classes, as did their managers and clients. This study examines how regulation was implemented, experienced, and resisted amid rapid urbanization, industrialization, and modernization around the turn of the twentieth century. Each chapter examines the lives and challenges of different groups who engaged with the world of prostitution, including women who sold sex, the men who paid for it, mediators, the police, and wider urban communities. Drawing on archival material from Russia, Ukraine, Belarus, Latvia, Lithuania, and Estonia, Policing Prostitution illustrates how prostitution was an acknowledged, contested, and ever-present component of lower-class urban society in the late imperial period. In principle, the tsarist state regulated prostitution in the name of public order and public health; in practice, that regulation was both modulated by provincial police forces who had different local priorities, resources, and strategies, and contested by registered prostitutes, brothel madams, and others who interacted with the world of commercial sex. Siobhán Hearne is a historian of gender and sexuality in the Russian Empire and the Soviet Union. She received her PhD from the University of Nottingham and is currently a Leverhulme Early Career Fellow at Durham University in the UK. She is also one of the editors of the website Peripheral Histories, a collaborative digital history project exploring ‘peripheral’ spaces in the Russian Empire, Soviet Union, and post-Soviet world. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, and revenge porn. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. At the heart of Stuart P. Green's book Criminalizing Sex: A Unified Liberal Theory (Oxford UP, 2020) is a consideration of a deeply contested question: How should a liberal system of criminal law adequately protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate? The book develops a framework for harmonizing these goals in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape and sexual assault in a variety of forms, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia. Intellectually rigorous, fair-minded, and deeply humane, Criminalizing Sex offers a fascinating discussion of a wide range of moral and legal puzzles, arising out of real-world cases of alleged sexual misconduct - a discussion that is all the more urgent in the age of #MeToo. 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

When journalist Rory Kress met Izzie, she didn’t think twice before bringing her home. She found the twelve-week-old wheaten terrier in a pet shop and was handed paperwork showing Izzie had been born in a USDA-licensed breeding facility—so she couldn’t be a puppy mill dog, right? But a few years later, as Rory embarked on her own difficult journey to become a mother, her curiosity began to tug at her. Sure, Izzie was her fur baby, but who was her dog’s real mother, and where was she now? And where did Izzie pick up her strange personality quirks? Like so many people, Rory had assumed the young puppy was a clean slate when she bought her. Those questions led Rory—with Izzie by her side—on a nationwide investigation, the first of its kind. From a dog livestock auction to the laboratory of one of the world’s leading animal behavioral scientists all the way up to the highest echelons of the USDA, they sought answers about who we’re trusting to be the watchdog for our pet dogs. The Doggie in the Window (Sourcebooks, 2018) is a story of hope and redemption. It upends the notion that purchased dogs are a safer bet than rescues, examines how internet puppy sales allow customers to get even farther from the truth of dog breeding, and offers fresh insights into one of the oldest bonds known to humanity. With Izzie’s help, we learn the real story behind the dog in the window—and how she got there in the first place. Rory Kress is a journalist and a national Emmy Award-winning television producer. She has reported on Iraqi refugees in Jordan coping through rollerblading, surrogate mothers giving birth to American babies in India, the cultural awakening of Jewish youths in Poland, and the conversions of Hispanic Americans to Islam in New Jersey. She was the news producer for NBC's Today Show and is a graduate of the Columbia University Graduate School of Journalism and Princeton University. She lives in Denver with her family and her dog, Izzie. 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

Sasha Roseneil, Professor of Interdisciplinary Social Science at the Institute of Advanced Studies and Dean of the Faculty of Social and Historical Studies at University College London joins today to talk about the new book The Tenacity of the Couple-Norm: Intimate Citizenship Regimes in a Changing Europe, out 2020 with UCL Press. The Tenacity of the Couple-Norm explores the ongoing strength and insidious grip of couple-normativity across changing landscapes of law, policy and everyday life in four contrasting national contexts: the UK, Bulgaria, Norway and Portugal. By investigating how the couple-norm is lived and experienced, how it has changed over time, and how it varies between places and social groups, this book provides a detailed analysis of changing intimate citizenship regimes in Europe, and makes a major intervention in understandings of the contemporary condition of personal life. The authors develop the feminist concept of ‘intimate citizenship’ and propose the new concept of ‘intimate citizenship regime’, offering a study of intimate citizenship regimes as normative systems that have been undergoing profound change in recent decades. Against the backdrop of processes of de-patriarchalization, liberalization, pluralization and homonormalization, the ongoing potency of the couple-norm becomes ever clearer. The authors provide an analysis of how the couple-form is institutionalized, supported and mandated by legal regulations, social policies and everyday practices, and how this serves to shape the intimate life choices and trajectories of those who seem to be living aslant to the conventional heterosexual cohabiting couple-form. Attending also to practices and moments that challenge couple-normativity, both consciously chosen and explicit, as well as circumstantial, subconscious and implicit, The Tenacity of the Couple-Norm makes an important contribution to literatures on citizenship, intimacy, family life, and social change in sociology, social policy, socio-legal studies, gender/sexuality/queer studies and psychosocial studies. This book was researched and written through an EU grant by a pan-European group of scholars. As a result, it is available for free; follow the link above. Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This episode features three interviews with organizers and scholars concerned with Asian migrant sex work: SWAN Vancouver (Alison Clancey and Kelly Go), Dr. Lily Wong, and Dr. Yuri Doolan. On March 16, 2021, Robert Aaron Long targeted three Atlanta-area spas and massage parlors and killed eight people: Delania Ashley Yuan González, Xiaojie Tan, Daoyou Feng, Paul Andre Michels, Hyun Jung Grant, Soon Chung Park, Suncha Kim, and Yong Ae Yue. Six of these victims were Asian women. Within the days following the shooting, many groups representing women, Asian Americans, sex workers, and migrants, have collectively mourned and sent strength and solidarity to the eight victims and their families. This podcast episode seeks to express solidarity with these groups by highlighting the work of scholars and organizers who have been studying the racially encoded figures and the broader histories of Asian migrant sex work. We hope to give space here to understand how the violence that occurred on March 16 was imbricated within a racial capitalist structure that views Asian and Asian American women as disposable objects, a view that has been historically continuous with the histories of Chinese exclusion (initiated by fears of Chinese sex workers and yellow peril), and with over one hundred and fifty years of US imperialism in Asia, from the colonial theft of Hawai’i and the Philippine-American War to Japanese Incarceration, The Korean War, The Vietnam War, and the growth of over eight-hundred military bases across the world. As the organizers and scholars interviewed here stress, it is crucial now to join groups local and international that stand for the decriminalization of migration and sex work, and to reject calls for hate-crime laws or anti-sex trafficking laws, or any legislation that would bring more policing, all of which would only make migrants and sex workers more vulnerable and stigmatized. Christopher B. Patterson is an Assistant Professor in the Social Justice Institute at the University of British Columbia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Faced with a major terrorist threat, states seem to reach instinctively for the most coercive tools in their arsenal and, in doing so, risk exacerbating the situation. This policy response seems to be driven in equal parts by a lack of understanding of the true nature of the threat, an exaggerated faith in the use of force, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Drawing on a wealth of data from both historical and contemporary sources, Thomas David Parker's Avoiding the Terrorist Trap: Why Respect for Human Rights is the Key to Defeating Terrorism (World Scientific, 2019) addresses common misconceptions underpinning flawed counter-terrorist policies, identifies the core strategies that guide terrorist operations, consolidates the latest research on the underlying drivers of terrorist violence, and demonstrates how a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights and the rule of law is the only truly effective approach to defeating terrorism. World Scientific is offering NBN's listeners a discount on this book: -55% discount code (Hardback): P995PARKERHC -30% discount code (E-Book): P995PARKEREB Beth Windisch is a national security practitioner. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The civil rights movement was among the most important historical developments of the twentieth century and one of the most remarkable mass movements in American history. Not only did it decisively change the legal and political status of African Americans, but it prefigured as well the moral premises and methods of struggle for other historically oppressed groups seeking equal standing in American society. And, yet, despite a vague, sometimes begrudging recognition of its immense import, more often than not the movement has been misrepresented and misunderstood. For the general public, a singular moment, frozen in time at the Lincoln Memorial, sums up much of what Americans know about that remarkable decade of struggle. In The Movement: The African American Struggle for Civil Rights (Oxford UP, 2021), Thomas C. Holt provides an informed and nuanced understanding of the origins, character, and objectives of the mid-twentieth-century freedom struggle, privileging the aspirations and initiatives of the ordinary, grassroots people who made it. Holt conveys a sense of these developments as a social movement, one that shaped its participants even as they shaped it. He emphasizes the conditions of possibility that enabled the heroic initiatives of the common folk over those of their more celebrated leaders. This groundbreaking book reinserts the critical concept of "movement" back into our image and understanding of the civil rights movement. Marshall Poe is the 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

The Art of Political Control in China (Cambridge University Press, 2019) shows how China's authoritarian state ensures political control by non-violent mechanisms. Daniel C. Mattingly demonstrates how coercive control is achieved through informal means to achieve goals such as land redistribution, the enforcement of family planning policies, and the suppression of protest. He draws on a broad combination of empirical evidence - from qualitative case studies, experiments and national surveys, to challenge conventional understandings of political control. Surprisingly, Mattingly shows that it is strong civil societies which strengthens the state's coercive capacities, while those that lack strong civil societies have the greatest potential to act collectively and spontaneously to resist the state. The Art of Political Control in China was named one of Foreign Affairs Magazine as one of the best books in 2020. It is important reading for our times to understand how governments - and especially authoritarian governments - foster political compliance through coercive mechanisms. Daniel Mattingly is Assistant Professor of Political Science at Yale University. His work focuses on the political economy of development and authoritarian politics with a focus on China. Some of his current research focuses on the military, revolutions, elite politics, and technological innovation in China, both in the present in past. 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

Evil is among our everyday moral concepts. It is common to hear politicians and others condemn certain acts, purposes, people, or even populations as evil. But what does it mean to say that something is evil? Is the evil simply the exceedingly wrong? Is evil rather a distinctive kind of wrongness? Is it a kind of wrongness at all? Are acts evil regardless of the motives of those who commit them, or are people the things that are fundamentally evil (or not)? It takes only a few simple questions to complicate our familiar conception of evil. That’s partly the point of Luke Russell’s fascinating book, Being Evil: A Philosophical Perspective (Oxford UP, 2020). In it, he takes the reader through a careful analysis of the concept of evil. Along the way, he develops and defends his own conception of what evil is. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why did the international drug regulatory regime of the twentieth century fail to stop an explosive increase in trade and consumption of illegal drugs? This study investigates the histories of smugglers and criminal entrepreneurs in the Netherlands who succeeded in turning the country into the so-called ‘Colombia of Europe’ or, ‘the international drug supermarket’. Increasing state regulations and interventions led to the proliferation of a ‘hydra’ of small, anarchic groups and networks ideally suited to circumvent the enforcement of regulation. Networks of smugglers and suppliers of heroin, cocaine, cannabis, XTC, and other drugs were organized without a strict formal hierarchy and based on personal relations and cultural affinities rather than on institutional arrangements. These networks created a thriving underground industry of illegal synthetic drug laboratories and indoor cannabis cultivation in the Netherlands itself. Their operations were made possible and developed because of the deep historical social and cultural ‘embeddedness’ of criminal anarchy in Dutch society. Using examples from the rich history of drug smuggling, Drug Smuggler Nation: Narcotics and the Netherlands, 1920-95 (Manchester UP, 2021) investigates the deeper and hidden grounds of the illegal drug trade, and its effects on our drug policies. Geert Slabbekorn 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

Stuart Rees's Cruelty or Humanity: Challenges, Opportunities and Responsibilities (Policy Press, a Bristol University Press imprint, 2020) exposes politicians' fascination with cruelty in their deliberations about policies. Through empirical analysis, human stories and poetic commentary, he identifies non-destructive exercise of power, courageous public action and compelling humanitarian alternatives as the key to achieving a future in which dignity and equality flourish. Documenting case studies from around the world, the book exposes politicians’ cruel motives and the resulting outcomes. Using first-hand observations and insights from international poets, the work argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet. Stuart Rees is Professor Emeritus at the University of Sydney and a human rights activist in several countries. He is regarded as one of Australia’s most consistent campaigners for justice. 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

How does a specific American religious identity acquire racial meaning? What happens when we move beyond phenotypes and include clothing, names, and behaviors to the characteristics that inform ethnoracial categorization? Forever Suspect, Racialized Surveillance of Muslim Americans in the War on Terror (Rutgers University Press, 2018) provides a nuanced portrayal of the experiences of South Asian and Arab Muslims in post 9/11 America and the role of racialized state and private citizen surveillance in shaping Muslim lived experiences. Saher Selod, an Associate Professor of Sociology at Simmons University, shares with us her story of growing up in Kansas and Texas and how writing this book helped her reclaim her own racialized experiences as the children of Pakistani immigrants to the US. Saher first began this project as a doctoral student at the University of Texas at Austin. As she returned to the dissertation to craft it into a book, she realized that beyond just race, racism and racialization, surveillance was a key recurring theme for the interview respondents. In today’s conversation, we explore the nuances of gender, race and surveillance, what it means to “Fly while Muslim”, and the harmful consequences of institutional surveillance laws like “Countering Violent Extremism” (CVE) that came about during the Obama Administration. We also touch on limitations of the book, including the exclusion of Black Muslims from this specific project. Saher’s openness with which she shares how her thinking has evolved over the years since this project first began leads us to discuss the ways in which non-Black Muslim immigrants and American born Muslims enact and maintain white supremacist structures. Forever Suspect provides an important and eye opening lens for us to consider how racialized surveillance, in all dimensions and forms, the War on Terror and U.S. Empire building continues to impact Muslim communities in the U.S. Nafeesa Andrabi is a 4th year Sociology PhD student at UNC-Chapel Hill, a Biosocial Fellow at Carolina Population Center and a National Science Foundation Graduate Research Fellow. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For decades, a secret army of tax attorneys, accountants and wealth managers has been developing into the shadowy Wealth Defense Industry. These ‘agents of inequality’ are paid millions to hide trillions for the richest 0.01%. In The Wealth Hoarders: How Billionaires Pay Millions to Hide Trillions (Polity, 2021), inequality expert Chuck Collins, who himself inherited a fortune, interviews the leading players and gives a unique insider account of how this industry is doing everything it can to create and entrench hereditary dynasties of wealth and power. He exposes the inner workings of these “agents of inequality”, showing how they deploy anonymous shell companies, family offices, offshore accounts, opaque trusts, and sham transactions to ensure the world’s richest pay next to no tax. He ends by outlining a robust set of policies that democratic nations can implement to shut down the Wealth Defense Industry for good. This shocking exposé of the insidious machinery of inequality is essential reading for anyone wanting the inside story of our age of plutocratic plunder and stashed cash. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1836, an enslaved six-year-old girl named Med was brought to Boston by a woman from New Orleans who claimed her as property. Learning of the girl's arrival in the city, the Boston Female Anti-Slavery Society (BFASS) waged a legal fight to secure her freedom and affirm the free soil of Massachusetts. While Chief Justice Lemuel Shaw ruled quite narrowly in the case that enslaved people brought to Massachusetts could not be held against their will, BFASS claimed a broad victory for the abolitionist cause, and Med was released to the care of a local institution. When she died two years later, celebration quickly turned to silence, and her story was soon forgotten. As a result, Commonwealth v. Aves is little known outside of legal scholarship. In The Case of the Slave-Child, Med: Free Soil in Antislavery Boston (University of Massachusetts Press, 2019), Karen Woods Weierman complicates Boston's identity as the birthplace of abolition and the cradle of liberty, and restores Med to her rightful place in antislavery history by situating her story in the context of other writings on slavery, childhood, and the law. Karen Woods Weierman is Professor of English and the former director of the Commonwealth Honors Program at Worcester State University. She is the author of One Nation, One Blood: Interracial Marriage in American Fiction, Scandal, and Law, 1820–1870, published in 2005 by the University of Massachusetts Press. Jerrad P. Pacatte is a Ph.D. candidate and School of Arts and Sciences Excellence Fellow in the Department of History at Rutgers, The State University of New Jersey-New Brunswick. His teaching and research interests examine eighteenth and nineteenth century African American women’s history and the history of slavery and emancipation in early America and the Atlantic world. Follow him on Twitter @Jerrad_Pacatte! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There are currently eleven million Uyghurs living in China, but more than one million are being held in so-called reeducation camps. A cultural genocide is taking place under the guise of counterterrorism. In this profound and explosive book, Sean Roberts shows how China is using the US-led global war on terror to erase and replace Uyghur culture and persecute this ethnic minority in what has become the largest program of mass detention and surveillance in the world. In The War on the Uyghurs: China's Internal Campaign Against a Muslim Minority, Roberts contextualises these harms in the PRC's colonial legacy of the region. He demonstrates how the Chinese government was able to brand Uyghur dissent as a dangerous terrorist threat which had links with al-Qaeda. He argues that a nominal militant threat was a 'self-fulfilling prophecy'; the limited response to more than a decade of harsh repression and surveillance. This is the humanitarian catastrophe that the world needs to know about now. Beyond the destruction of Uyghur identity and culture, there are profound implications for the global community by this cultural genocide. Dr. Sean R. Roberts is an Associate Professor of the Practice of International Affairs; Director, International Development Studies Program at the Elliot School of International Affairs, George Washington University. He is is a cultural anthropologist with extensive applied experience in international development work. Roberts conducted ethnographic fieldwork among the Uyghur people of Central Asia and China during the 1990s, and has published extensively on this community in scholarly journals and collected volumes. In 1996 he produced a documentary film on the community entitled Waiting for Uighurstan. You can find him on twitter at @robertsreport Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An Organ of Murder: Crime, Violence, and Phrenology in Nineteenth-Century America (Rutgers UP, 2021) explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within prisons and in public discourse, and sociocultural expectations about the causes of crime. The criminal was phrenology’s ideal research and demonstration subject, and the courtroom and the prison were essential spaces for the staging of scientific expertise. In particular, phrenology constructed ways of looking as well as a language for identifying, understanding, and analyzing criminals and their actions. This work traces the long-lasting influence of phrenological visual culture and language in American culture, law, and medicine, as well as the practical uses of phrenology in courts, prisons, and daily life. 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

The rise of Neo-Evangelicalism as a social and political American movement accompanied shifting attitudes in broader American criminal justice policies. Religious leaders from Billy Graham to David Wilkerson found growing concerns around juvenile delinquency and general lawbreaking as strategic connection points for their evangelistic message and ministries. In God's Law and Order: The Politics of Punishment in Evangelical America (Harvard UP, 2020), Aaron Griffith explores the rhetoric of crime and punishment in the postwar Evangelical movement. The rhetoric of law and order became deeply enmeshed with religious conservatism, but not without attending efforts at criminal justice reform as growing number of Americans, disproportionately from urban and minority populations, spent years in state incarceration. In this expertly researched volume, Griffith presents a complex and important investigation into a timely subject in the recent past of the history of religion in politics in American society. Find out more about Aaron on his website or follow him on Twitter (@AaronLGriffith). Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a PhD researcher 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

This episode of Ethnographic Marginalia features Dr. Leslie MacColman, a Postdoctoral Scholar in Sociology at The Ohio State University who studies crime and policing in Latin America. Leslie explains how extensive experiences with civil society organizations inspired her move to academia while continuing to inform her research. She then describes research on police reform in Buenos Aires and how a project that centered police experiences grew to include government officials, activists, sex workers, and homeless teens. Leslie tells us how her identity as an American woman affected the way her participants related to her, and how her responsibilities as a mother affected the kind of fieldwork she could do. Finally, she reflects on how recent calls for police reform in the US have affected how her own research is understood. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does it mean to be an American? The story of the African American past demonstrates the difficulty of answering this seemingly simple question. If being "American" means living in a land of freedom and opportunity, what are we to make of those Americans who were enslaved and who have suffered from the limitations of second-class citizenship throughout their lives? African American history illuminates the United States' core paradoxes, inviting profound questions about what it means to be an American, a citizen, and a human being. Jonathan S. Holloway's The Cause of Freedom: A Concise History of African Americans (Oxford University Press, 2021) considers how, for centuries, African Americans have fought for what the black feminist intellectual Anna Julia Cooper called "the cause of freedom." It begins in Jamestown in 1619, when the first shipment of enslaved Africans arrived in that settlement. It narrates the creation of a system of racialized chattel slavery, the eventual dismantling of that system in the national bloodletting of the Civil War, and the ways that civil rights disputes have continued to erupt in the more than 150 years since Emancipation. The Cause of Freedom carries forward to the Black Lives Matter movement, a grass-roots activist convulsion that declared that African Americans' present and past have value and meaning. At a moment when political debates grapple with the nation's obligation to acknowledge and perhaps even repair its original sin of racialized slavery, The Cause of Freedom tells a story about our capacity and willingness to realize the ideal articulated in the country's founding document, namely, that all people were created equal. Marshall Poe is the founder and editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this book, Antonio Gasparetto studies in detail the legal history of the state of exception during the First Republic in Brazil (1889-1930). Atmósfera de plomo: las declaraciones de estado de sitio en la Primera República Brasileña (Tirant lo Blanch, 2019) explores the origins as well as the transnational use of the term in international legislation in order to understand the particularities of the Brazilian case. Gasparetto studies the use of the state of exception, a measure originally created to defend countries from external threats, but which was eventually used to repress opposition to government measures. The state of exception gradually became a tool for state repression, which in Brazil resulted in the death of about 15,000 people, as well as the exile of many others. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability (2020, University of Minnesota Press) provides a much-needed corrective, combining a genealogy of deinstitutionalization with critiques of the current prison system. Liat Ben-Moshe (https://www.liatbenmoshe.com/) provides groundbreaking case studies that show how abolition is not an unattainable goal but rather a reality, and how it plays out in different arenas of incarceration—antipsychiatry, the field of intellectual disabilities, and the fight against the prison-industrial complex. Ben-Moshe discusses a range of topics, including why deinstitutionalization is often wrongly blamed for the rise in incarceration; who resists decarceration and deinstitutionalization, and the coalitions opposing such resistance; and how understanding deinstitutionalization as a form of residential integration makes visible intersections with racial desegregation. By connecting deinstitutionalization with prison abolition, Decarcerating Disability also illuminates some of the limitations of disability rights and inclusion discourses, as well as tactics such as litigation, in securing freedom. Decarcerating Disability’s rich analysis of lived experience, history, and culture helps to chart a way out of a failing system of incarceration. C.J. Valasek is a Ph.D. Candidate in Sociology & Science Studies at the University of California San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How does individual religious liberty apply to religiously affiliated groups? Edward A. David investigates the polarized ways legal theorists seek to understand group ontology in A Christian Approach to Corporate Religious Theory (Palgrave MacMillan, 2020). David surveys the merits and pitfalls of prevailing approaches from within and without the Christian tradition. Many legal theorists are deeply skeptical of corporate group ontology, especially as religious groups have sometimes tended to conflate churches proper with religiously affiliated organizations in ways that can set uncomfortable precedents. This book offers a novel way forward that suggests a retrieval of Saint Thomas Aquinas's theory of coordinated group activity to provide a more salient moral framework to evaluate the liberties and limits of religious groups. You can follow Edward David's work on his website or on Twitter (@edwardinoxford) Ryan David Shelton (@ryoldfashioned) is a social historian of British and American Protestantism and a PhD researcher 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

The Puritans of Early America did not start out with gendered society and piety. Instead, Monica D. Fitzerald suggests, growing tensions between lay men and clergy over what was perceived as a feminized piety led toward a gradual separation of masculinity and femininity into distinct spheres. In Puritans Behaving Badly: Gender, Religion, and Punishment in Early America (Cambridge UP, 2020), Fitzgerald presents original research in the church disciplinary records of censure cases among Puritan congregations in the first three generations of American Puritanism. The records tell a fascinating story about how, even though the Puritan ministers advocated a holistic spirituality that was at once inwardly pietistic and externally dutiful, the lists of sins and confessions recorded in the chronicles of church discipline cases indicate that only men were being held accountable for sins of duty and honor, and only women for sins of personal spirituality and heart religion. Filled with vivid tales of squabbles, rifts, and deadly rivalries, Fitzgerald's book is sure to fascinate and delight readers interested in the development of religion and culture in early America. Follow Monica on Twitter (@mofitz66), or visit her book page on Cambridge Core. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The concept of the individual self - a being that is autonomous, rational and largely without vulnerability - shapes current legal frameworks, the power dynamics between individuals, and limits the opportunities of many people who are marginalised to flourish in their own conception of the good life. In his latest book, Professor Jonathan Herring argues for a radical reconceptualisation of the self. One based not on individual rights, but instead which focuses on promoting and protecting caring relationships between people. He argues that the law has the potential to play a powerful role in shaping a relational concept of self, and that this is what it should do. Instead of discriminating against vulnerability, the law should celebrate the universal vulnerabilities of all. Rather than disadvantaging carers, the law has the power to recognise our mutual interdependence and interconnectedness; this will bring about a more equitable society for all, one in which the value and dignity of all variations of what it is to be human can be recognised and celebrated. In Law and the Relational Self (Cambridge UP, 2019) Herring provides a comprehensive theoretical framework of the relational self which he applies in real-life practical situations: he examines domestic abuse, medical law, family law and criminal law. In each of these examples the Herring makes a convincing case for replacing the concept of the individual self with that of the relational self, and shows the power of law in doing so. This is an important book and should change the way that legal scholars, practitioners and all individuals think about themselves and how the law works. It offers potential for a new way of being, and a world where the things that really matter are protected in law. Jonathan Herring is a fellow in Law at Exeter College, and a professor of Law in the Law Faculty at the University of Oxford. At the time that this interview was recorded he had over 250 publications, including 107 books on topics spanning family law, medical law, criminal law and legal issues surrounding care and old age. 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

On June 4, Federal Police raided the home of Walkley award-winning journalist Annika Smethurst, changing her life forever. The police claimed they were investigating the publication of classified information, her employer called it a 'dangerous act of intimidation'. Annika believes she was simply doing her job. Ms Smethurst became the accidental poster woman for press freedom. Politicians even debated the merits of police searching through her underwear drawer. On Secrets (Hachette, 2020) considers the impact this invasion has had on her life, and examines press freedom. Annika Smethurst is a Walkley award-winning journalist. She is the Daily Telegraph's and Sunday Herald Sun's political editor. 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

The Supreme Court’s decision in Bostock v. Clayton, which ruled that the Title VII prohibition on sex discrimination in employment extends to discrimination based on sexual orientation and transgender status, may imperil the fundamental right of parents to educate their children in line with their values. This right is examined brilliantly in the 2016 book, To Whom Do Children Belong? Parental Rights, Civic Education, and Children's Autonomy by scholar Melissa Moschella. Given the rise of the transgender movement and other aspects of wokeism, this book has only increased in importance. It is a rare combination of a serious scholarly work and a book that general audiences, particularly and crucially, the parents of school-age children should read. Moschella addresses timely questions such as, “Can we defend parental rights against those who believe we need more extensive state educational control to protect children's autonomy or prepare them for citizenship in a diverse society?” and draws upon psychological and social scientific research to make a compelling philosophical argument for the right of parents to determine fundamental questions of morals when it comes to their children. And this is not only a matter for philosophers. Moschella makes clear that under the cover of such seemingly innocuous verbiage as “diversity education” and “education for citizenship,” public schools are engaging in outright indoctrination of children in left-wing social justice and libertarian moral views. Moreover, progressives are increasingly targeting even private schools and some are even calling for an outright ban on homeschooling. Moschella’s book is eerily prescient in the way she was able to predict that parents who seek to pass on a traditional understanding of sexuality find their efforts directly undermined in ever more public schools. Many parents cannot afford private schools or are unable to home school—and, as noted, even those refuges are under threat. Moschella foretold in her book that if the views of the progressive scholars whose arguments she delineates with scrupulous fairness prevail, parents will have no choice but to send their children into an educational environment that may sow damaging confusion about the basic truths of human identity. Readers of this book need not even be religious but simply parents and other readers who worry that children will be stigmatized and parents’ rights erased if children are forced by schools to deny that maleness and femaleness are grounded on objective biological reality rather than subjective self-image, or that the purpose of human sexuality is not merely pleasure or self-expression, but to unite a man and woman in marriage and enable them to form a family. This is not solely a question of religious liberty but of conscience rights more broadly, which she discusses both authoritatively and movingly. Moschella examines the arguments for expanding school choice, vouchers and granting exemptions when educational programs or regulations threaten parents' ability to raise their children in line with their values and moral codes. The questions raised in this important book have become even more salient in the era of the Biden administration. Give a listen. Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law