New Books in Law

Colleen Murphy is the Roger and Stephany Joslin Professor of Law at the College of Law and a professor in the Departments of Philosophy and Political Science at the University of Illinois at Urbana-Champaign. Colleen also directs the Women and Gender in Global Perspectives Program in the Illinois Global Institute. You can follow her on Twitter at @drcolleenmurphy. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Melvin Rogers is Associate Professor of Political Science at Brown University. You can follow Melvin on Twitter at @MRogers097. Professor Rogers specializes in democratic theory, with special focus on the traditions of American and African-American politics. The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anyone who has taken any interest in the politics of Thailand at all in the last two decades could not help but have noticed the part that the country’s judiciary has played in them. Whereas before the 2000s the courts had at best a peripheral role in political life there, in recent years judges have at times weighed in dramatically on high-stakes conflicts. The causes and consequences of these judicial interventions are the subjects of a new book by Duncan McCargo, Fighting for Virtue: Justice and Politics in Thailand (Cornell University Press, 2019). McCargo sets as his task to explain who Thai judges are, how their minds work, and why they became so invested in politics from 2006 onwards. He critiques the courts in Thailand as suffering from what he calls hyperlegalism, while also offering sympathetic portraits of judges he met and observed at work. His abiding concern is with the relationship of the bench to the crown, and with how by taking a virtuous position in defence of the monarchy judges lost opportunities to contribute to a more progressive and just society. Duncan McCargo has also recently published Future Forward: The Rise and Fall of a Thai Political Party (NIAS Press, 2020), with Anyarat Chattarakul. Like this interview? If so you might also be interested in: Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand Samson Lim, Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ronald Deibert is a professor of Political Science at the University of Toronto and the Director of The Citizen Lab, a public interest research organization that uncovers privacy and human rights abuses on the internet. In his latest book, Reset: Reclaiming the Internet for Civil Society (House of Anansi Press, 2020), Deibert unites a growing corpus of academic literature on the perils of surveillance capitalism to show how today’s data-hungry communications technologies have poisoned our political institutions, our minds, and even our environment. Deibert believes that it is not too late to rescue our politics from our technology, and he argues that the answer lies not in silicon or code but age-old political principles. Look to Montesquieu, not Zuckerberg, Deibert tells us, if you want to find a stable framework for digital governance in the 21st century. On this episode, in addition to all the above, Professor Deibert and I explore the economic engines of surveillance capitalism, the dangers of ritualistic privacy policies, the internet’s immense carbon footprint, and the importance of data privacy law, among other topics. John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There has recently been a sharp increase in cases where corporations have been sued by street and graffiti artists because their artworks had been used and exploited without the artists’ authorization, for example in advertising campaigns, as backdrops in promotional videos, or as decorating elements of products. This trend shows and confirms that these forms of art are vulnerable. They are actually more exposed to unauthorized exploitation (and destruction as well) than works of fine art, because they are placed in the public eye. Protecting Art in the Street: A Guide to Copyright in Street Art and Graffiti (Dokument Forlag, 2020) explains, with words and images, how copyright laws apply to street art and graffiti, and how they can be of help to creators within these artistic communities. Knowledge about these issues does matter. There has recently been a spike in legal actions or complaints against corporations and individuals that have tried to exploit commercially street artworks without the artists’ consent; and more importantly without sharing with them any profit. Also, legal actions have been brought by street artists to fight the destruction of their pieces. By adopting a simple language, Protecting Art in the Street constitutes an easy-to-understand guide aimed at navigating street artists and graffiti writers through otherwise difficult and intricate legal issues concerning the protection of their artistic outputs. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University 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 we understand the nuances of efforts by Christian conservatives to affect American law – and evaluate their success? What lessons do they hold for other social movements? Dr. Amanda Hollis-Brusky, associate professor of politics at Pomona College and Dr. Joshua C. Wilson, professor of Political Science at the University of Denver join the podcast to discuss Separate But Faithful: The Christian Right's Radical Struggle to Transform Law and Legal Culture (Oxford UP, 2020) The book evaluates whether activists pushing for lawyers and judges with a Christian Worldview have been able to achieve their goals and transform American legal culture. This impressive book contributes to our general understanding of social movements, legal mobilization, and constitutional development – but also the specifics of how the Christian Conservative Legal Movement (CCLM) has attempted to transform American law from secular and liberal to Christian and natural. While many people know of The Federalist Society’s attempts to influence scholarship, they may be less familiar with the push to create separate law schools and legal institutions that teach from a Christian worldview such as Regent University Law School, Liberty University Law School, and Ave Maria School of Law. This thoughtfully written and well-researched book uses a modified version of Support Structure Theory and extensive data collected by the authors to interrogate why the New Christian Right rejected the lower-cost, lower risk infiltration approach to support structure building in favor of “a mix of parallel alternative and supplemental approaches.” The book includes a helpful model (the Support Structure Pyramid) for conceptualizing litigation-based movement support structures, institutions, and their relationship to legal change. The podcast includes a conversation about the evolution of that particular conception (and what the authors might change). Their analysis of different forms of capital (human, social, cultural, and intellectual) allows Hollis-Brusky and Wilson to assess the actual and potential capital outputs of each institution and the extent to which the Christian Conservative Legal Movement achieved their goals. The Christian Right has struggled to influence the legal and political mainstream but it has succeeded in creating a space of resistance to unify and connect those who seek to challenge “a dominant legal culture” seen as “incorrigibly liberal.” In the podcast, the authors discuss how they brought together Hollis-Brusky’s scholarship on the Federalist Society (Ideas With Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford, 2019) and Wilson’s earlier research on The Street Politics of Abortion: Speech, Violence, and American’s Culture Wars (Stanford, 2013) to create this nuanced, collaborative book. 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

“The autarkic European nation-state, if it ever existed, was the exception rather than the rule. Nevertheless it is the myth of the self-sufficient nation-state that lies at the heart of much scholarship on post-WWII European integration,” writes Signe Rehling Larsen in The Constitutional Theory of the Federation and the European Union (Oxford University Press, 2021). “Instead of interpreting the EU in line with previous projects of market creation through empire and federation, the story of the post-WWII project of European integration is often interpreted as a ‘conflict’ or ‘competition’ between the Union and the Member States as the dominant forces in a zero-sum game”. Without taking sides in Europe’s proxy culture war, Larsen’s ground-breaking new book of “political jurisprudence” dispenses with the state as a template for the EU. Rather, she examines the “federal union of states” in America before the Civil War, Germany’s 19th-century experiments with confederations, and the imperial experience to understand a union that is anything but sui generis. Signe Rehling Larsen is a Fellow by Examination at Magdalen College, Oxford and was previously a Max Weber Fellow in Law at the European University Institute in Florence. *The author's own book recommendations are Liberty and Coercion: The Paradox of American Government from the Founding to the Present by Gary Gerstle (Princeton University Press, 2015) and Cars, Trains, Ships and Planes: A Visual Encyclopedia to Every Vehicle (DK Children, 2015). 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

Much of the world's politics revolve around questions about the development of the international market for drugs; the roles merchants, government officials, and drug manufacturers played in shaping this market over time and space; and the process of globalization. There are no easy answers to these questions, but the decisions that all of us make about them will have tremendous consequences for individuals and for the planet in the future. Kenneth V. Faunce's new book Heavy Traffic: The Global Drug Trade in Historical Perspective (Oxford UP, 2020) helps students to understand globalization not as an inevitable or natural process, but instead as one that is created by and responds to a variety of human motivations. Examining the international trade in coffee, alcohol, opium, heroin, and cocaine, which have had a significant impact on economies and societies in countries around the world, it offers insight into globalization as a historical process, thereby helping to make sense of today's interconnected world, where products grown or produced in only a handful of places circulate widely, with varying impacts on local populations. Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ownership and Inheritance in Sanskrit Jurisprudence (Oxford UP, 2021) provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively. Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries 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 the birth of babies whose embryos have gone through genome editing mean—for science and for all of us? In November 2018, the world was shocked to learn that two babies had been born in China with DNA edited while they were embryos—as dramatic a development in genetics as the 1996 cloning of Dolly the sheep. In this book, Hank Greely, a leading authority on law and genetics, tells the fascinating story of this human experiment and its consequences in CRISPR People: The Science and Ethics of Editing Humans (The MIT Press, 2021). Greely explains what Chinese scientist He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention. The two babies, nonidentical twin girls, were the first “CRISPR'd” people ever born (CRISPR, Clustered Regularly Interspaced Short Palindromic Repeats, is a powerful gene-editing method). Greely not only describes He's experiment and its public rollout (aided by a public relations adviser) but also considers, in a balanced and thoughtful way, the lessons to be drawn both from these CRISPR'd babies and, more broadly, from this kind of human DNA editing—“germline editing” that can be passed on from one generation to the next. Greely doesn't mince words, describing He's experiment as grossly reckless, irresponsible, immoral, and illegal. Although he sees no inherent or unmanageable barriers to human germline editing, he also sees very few good uses for it—other, less risky, technologies can achieve the same benefits. We should consider the implications carefully before we proceed. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Even without the loss of the City of London from its jurisdiction, the EU has gone through a decade-long revolution in financial supervision and regulation since Lehman Brothers’ bankruptcy in 2008. The directives and regulations introduced in the wake of the crisis took years to negotiate, implement and stress-test against political reality in the last five years. The second wave of the crisis, which exposed the “doom loop” between fiscally weak states and their pet banks, spawned the European Banking Union but left some crucial remedial work undone. In this update of their 2015 edition of European Banking and Financial Law (Routledge, 2020), Matthias Haentjens and Pierre de Gioia Carabellese provide a comprehensive description and analysis of this growing body of new law, its origins, and policy implications. Matthias Haentjens is professor of law, director of the Hazelhoff Centre for Financial Law at the University of Leiden, and a deputy judge in the district court of Amsterdam. *His book recommendations are Stalingrad by Vasily Grossman (1952 – translated by Robert Chandler – Harvill Secker, 2019) and Made at Home by Giorgio Locatelli (Fourth Estate, 2017). 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

Is the Indo-Pacific already the most dominant in terms of global power, politics, and wealth? In his newest book, Michael R. Auslin considers the key issues facing the Indo-Pacific which have ramifications for the entire world. Geopolitical competition in the region threatens stability not just in Asia, but globally. In a series of essays, Asia's New Geopolitics: Essays on Reshaping the Indo-Pacific (Hoover Institution Press, 2020) Auslin examines the key issues that are changing the balance of power in Indo-China and globally. He examines China's aggressive global policies and strategies, and its attempts to bend the world to its wishes. He argues that the global focus on the Sino-US competition for power has obscured "Asia's other great game" - the rivalry between long-time foes, China and Japan. He questions whether Kim-Jong-un can control his nuclear weaponry and the implications for safety if he cannot. Auslin examines the plight of women in India and asks whether its "missing women" are potentially hampering any role that India might play on the global stage. Underlying these concerns, the book analyses U.S. strategy in region. If there is be a shift in the global balance of power, what role can and should the U.S. take in limiting China's hegemony? The dramatic final chapter paints a bleak picture of a Sino-American Littoral war in the very near future. Is this the geopolitical trajectory in the Indo-Pacific? Michael R. Auslin offers a "future-history" of what soon could be. Michael Auslin, PhD, is the Payson J. Treat Distinguished Research Fellow in Contemporary Asia at the Hoover Institution, Stanford University. A historian by training, he specializes in US policy in Asia and geopolitical issues in the Indo-Pacific region. 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

A core duty of government is keeping those it governs safe. However, in modern democratic states, government is structured by a Constitution, which establishes constraints and checks on the power of any one office. But emergencies – from natural disasters to terrorist attacks – often call for a swift response that presses against those constraints and checks. In the United States, the President has claimed the authority to do what’s necessary to secure and protect the American people. Can such claims be squared with a commitment to the Constitution? In Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism (Yale 2021), Thomas Crocker argues for a conception of American constitutionalism that can address the need for government to respond to emergencies without losing its normative bearings. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

From facial recognition to online shopping, artificial intelligence has become the backbone of the internet and has led to an unprecedented extraction and utilization of personal data. As a result, AI has rapidly outpaced existing free speech, privacy, and national security law. In The Centaur’s Dilemma: National Security Law for the Coming AI Revolution (Brookings Institute Press, 2020), Judge James E. Baker deploys his extensive experience in national security law to argue for AI regulation through legislation. By first tackling the creation of a precise definition of artificial intelligence, Judge Baker then vividly explains the national security applications and implications of AI. In part two, he goes about suggesting a purposeful, legal framework for addressing those national security applications and implications while exploring legal arguments in the absence of clear laws. This timely and insightful work provides an accessible primer of AI for legal generalists while demonstrating how technologists can thoroughly think about the safety and ethics of artificial intelligence. Kyle Beadle is a recent graduate of Louisiana State University, where he studied International Studies and Spanish. He is now seeking a master’s in International Relations and Security. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Whether engaged in same-sex desire or gender nonconformity, black queer individuals live with being perceived as a threat while simultaneously being subjected to the threat of physical, psychological, and socioeconomic injury. Attending to and challenging threats has become a defining element in queer black artists’ work throughout the black diaspora. In Black Queer Freedom: Spaces of Injury and Paths of Desire (U Illinois Press, 2020), GerShun Avilez analyzes the work of diasporic artists who, denied government protections, have used art to create spaces for justice. He first focuses on how the state seeks to inhibit the movement of black queer bodies through public spaces, whether on the street or across borders. From there, he pivots to institutional spaces--specifically prisons and hospitals--and the ways such places seek to expose queer bodies in order to control them. Throughout, he reveals how desire and art open routes to black queer freedom when policy, the law, racism, and homophobia threaten physical safety, civil rights, and social mobility. Order this book through University of Illinois Press and use this code to get a discount: F20UIP GerShun Avilez is an associate professor of English at the University of Maryland. He is the author of Radical Aesthetics and Modern Black Nationalism. John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. John is on Twitter at @marsjf3. 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 you hold a government accountable for crimes it refuses to acknowledge? Today's book, The International People's Tribunal for 1965 and the Indonesian Genocide (Routledge, 2019) emerges out of the International People's Tribunal for 1965. Rooted in a longer tradition of People's Tribunals, the IPT was an effort to remind civil society of the mass violence in Indonesia beginning in 1965 and to exert pressure on the Indonesian government and military to acknowledge the violence, hold perpetrators accountable and provide redress for victims. Today's guests played a prominent role in organizing and supporting the IPT. Their book serves as something of a history of the IPT and a summary of the evidence provided. But it also serves as kind of survey of the field at a critical moment in the study of the violence. In the interview, we talk about the IPT and its origin, organization and outcomes. We also try to situate the IPT in the broader context of scholarship about mass violence in Indonesia. And we talk about the interesting role of academics as public intellectuals and activists. Kelly McFall is Professor of History and Director of the Honors Program at Newman 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 Scorched Earth: Environmental Warfare as a Crime Against Humanity and Nature (Princeton UP, 2021), Emmanuel Kreike offers a global history of environmental warfare and makes the case for why it should be a crime. The environmental infrastructure that sustains human societies has been a target and instrument of war for centuries, resulting in famine and disease, displaced populations, and the devastation of people’s livelihoods and ways of life. Scorched Earth traces the history of scorched earth, military inundations, and armies living off the land from the sixteenth to the twentieth century, arguing that the resulting deliberate destruction of the environment—"environcide"—constitutes total war and is a crime against humanity and nature. In this sweeping global history, Emmanuel Kreike shows how religious war in Europe transformed Holland into a desolate swamp where hunger and the black death ruled. He describes how Spanish conquistadores exploited the irrigation works and expansive agricultural terraces of the Aztecs and Incas, triggering a humanitarian crisis of catastrophic proportions. Kreike demonstrates how environmental warfare has continued unabated into the modern era. His panoramic narrative takes readers from the Thirty Years' War to the wars of France's Sun King, and from the Dutch colonial wars in North America and Indonesia to the early twentieth-century colonial conquest of southwestern Africa. Shedding light on the premodern origins and the lasting consequences of total war, Scorched Earth explains why ecocide and genocide are not separate phenomena, and why international law must recognize environmental warfare as a violation of human rights. Dr. Emmanuel Kreike is a professor of history at Princeton University. He holds a Ph.D. in African history from Yale University (1996) and a Dr. of Science (PhD) in Tropical Forestry from the School of Environmental Sciences, Wageningen University (2006), the Netherlands. His research and teaching interests focus on the intersection of war/violence, population displacement, environment, and society. Ahmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the Western Indian Ocean. He can be reached by email at [email protected] or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are 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

Political scientist Lara Brown’s new book, Amateur Hour, is a complex and important multi-method study of the presidency, starting from the original conception of the office at the constitutional convention and George Washington’s role as the first occupant of the office. The centerpiece of Amateur Hour: Presidential Character and the Question of Leadership (Routledge, 2020) is the focus on our understanding—from the time of Washington, through Lincoln, to the contemporary period—of the role that character should play, but often has not, of late, in terms of the person elected to the White House and how they conduct themselves in the office and as a leader. Brown’s analysis interrogates the scholarship around the concept of presidential psychology and leadership, while unpacking the connections between leadership in this complicated elected office and how we have, more recently, elected presidents who are often lacking in experience, and why this is problematic.Amateur Hour integrates historical analysis of American political development alongside contemporary methodological tools developed to assess leadership qualities. Brown brings a deep knowledge of the presidency to the evaluation of our contemporary presidents, those elected post-Watergate, and compels the reader to consider the interaction of character, leadership, and the demands of the office on each of the individuals who has been elected to the presidency since 1976. Amateur Hour joins a growing stable of recent books that focus on the American presidency and those who have been elected to the office, with attention to some of the weaknesses we have come to observe in the constitutional structure and functioning of the Executive Branch. 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). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

F. B. Chang and S. T. Rucker-Chang's Roma Rights and Civil Rights: A Transatlantic Comparison (Cambridge UP, 2020) tackles the movements for - and expressions of - equality for Roma in Central and Southeast Europe and African Americans from two complementary perspectives: law and cultural studies. Interdisciplinary in approach, the book engages with comparative law, European studies, cultural studies, and critical race theory. Its central contribution is to compare the experiences of Roma and African Americans regarding racialization, marginalization, and mobilization for equality. Deploying a novel approach, the book challenges conventional notions of civil rights and paradigms in Romani studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The tradition of political liberalism has a long and complicated history, filled with twists, turns, critiques and responses that have filled books, essays and lectures for several centuries now. Questions of the importance and limitations of individual rights and how to balance different interests have produced no shortage of theoretical conflict as different figures have attempted to make sense of the importance and limits of individuals and their rights. Diving right into this debate is Matt McManus, returning again to the New Books Network to discuss his recent book A Critical Legal Examination of Liberalism and Liberal Rights (Palgrave, 2020). Going back as far as Burke, Hobbes, Kant and Locke, and then through critiques of liberalism from both radically progressive and reactionary orientations, the book traces the various ideas of liberalism up to the present in figures such as Habermas, Rawls and MacIntyre. It also posits it’s own understanding of liberalism, which emphasizes every individual's right to self-authorship as a central pillar for developing the liberal project. Crossing the fields of history, philosophy, political theory and law, the book offers a number of interventions across an array of fields, and will be of immense use to those seeking to understand some of the most pressing concerns of our time. Matt McManus is a professor of politics at Whitman College. He is the author of a number of books, including The Rise of Postmodern Conservatism, and is also one of the coauthors of Myth and Mayhem: A Leftist Critique of Jordan Peterson, both of which we discussed in previous episodes of this podcast. 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 Chris Hamby about his book Soul Full of Coal Dust: The True Story of an Epic Battle for Justice (Little Brown, 2020). Hamby looks into why there has been a surge in black-lung disease in West Virginia and elsewhere in recent years. Poor self-policing and rapacious business practices go a long way in explaining the upsurge. Add in a tradition of fatalism caused by King Coal, and it becomes a minor miracle –but a miracle all the same—that some miners have been able to secure a measure of justice. Chris Hamby is an investigative reporter for the New York Times. He won the Pulitzer Prize for Investigative Journalism in 2014 and was a finalist for the Pulitzer Prize in International Reporting in 2017. Dan Hill, PhD, is the author of eight books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the past decade, Chelsea Manning and Edward Snowden became household names. They were celebrated by many as truth-tellers who blew the whistle on governmental abuses. Yet, in the eyes of the state, Manning and Snowden had made so-called “unauthorized disclosures” that jeopardized the nation’s security. Described as such, they could not be labelled “whistleblowers.” This is an example of what the editors of a new, rousing edited volume––not words typically strung together––call the “paradox of national security whistleblowing”: whistleblowing is widely acknowledged to be an essential feature of democracy, but the US government denies its existence. In Whistleblowing Nation: The History of National Security Disclosures and the Cult of Secrecy, editors Hannah Gurman––a Clinical Associate Professor at New York University’s Gallatin School––and Kaeten Mistry––a senior lecturer in American Studies at the University of East Anglia––and their star-studded cast of contributors help makes sense of the odd place of whistleblowing in American politics. Their book shows how the history of whistleblowing raises questions about democracy, citizenship, and truth itself. And, as the US war against whistleblowers has continued unabated since the Vietnam War, it’s a much-needed volume. The book should interest scholars of national security, information, and civil liberties, along with concerned citizens. And, to listeners of this podcast, Mistry and Gurman are offering a discount code—CUP30—which, if entered on the Columbia University Press website, knocks 30% off the book’s price. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Christoph Menke, who is professor of philosophy at the Goethe University in Frankfurt Germany and considered the most important representative of the third generation of the "Frankfurt School of Critical Theory", presents in Critique of Rights (Polity Press 2020) a critical reflection on modern normativity in the so-called "Western world". More specifically: He analyzes “subjective rights”. To have a right means to have a justified and binding claim. Now Menke exposes in his book – which is both a genealogy and an ontology of law – that these “subjective rights”, which mark the birth of bourgeois society, have ambivalent properties. They are not only expressions of individuality and freedom everybody of us enjoys today as the most important achievement that Enlightenment has transferred to us. They also create what Karl Marx called "the entitlement of the egoistic human being, set apart from his fellow human being and from the community”. Private interests become the new natural basis for politics. Contrary to what one might think “subjective rights” do not empower the citizens of a political community but disempower them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act (University of Toronto Press, 2020) explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern-day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Great Recession threatened the well-being of tens of millions of Americans, dramatically weakened the working class, hollowed out the middle class, and strengthened the position of the very wealthy. Against this backdrop, the hit reality show Shark Tank premiered in 2009. Featuring ambitious entrepreneurs chasing support from celebrity investors, the show offered a version of the American Dream that still seemed possible to many, where a bright idea and a well-honed pitch could lift a bootstrap business to new heights of success. More than a decade later, Shark Tank still airs regularly on multiple networks, and its formula has sparked imitators everywhere, from elite universities to elementary school classrooms. In Entertaining Entrepreneurs: Reality TV's Shark Tank and the American Dream in Uncertain Times (UNC Press, 2020), Daniel Horowitz shows how Shark Tank's version of entrepreneurship disguises and distorts the opportunities and traps of capitalism. Digging into today's cult of the entrepreneur, Horowitz charts its rise from the rubble of economic crisis and its spread as a mainstay of American culture, and he explores its flawed view of what it really takes to succeed in business. Horowitz offers more than a look at one television phenomenon. He is the perfect guide to the portrayal of entrepreneurship in business school courses, pitch competitions, popular how-to books, and scholarly works, as well as the views of real-world venture capitalists. Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

High drama at the high court. Grandstanding at Senate hearings. Distrust on all sides. Nominations made by presidents and ignored or voted down by the Senate or withdrawn due to scandal, calumny or nominee intellectual nullity or professional capacity issues. The personal character of nominees assailed. Questions asked of nominees; detailed answers politely refused. Cries of illegitimacy and calls for reform. All of this and more is on offer in Ilya Shapiro’s 2020 book, Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court (Gateway, 2020) Everyone who cares about the law and the history and the future of the United States should read this book. It offers something to every sort of reader. First, it is a serious work of scholarship that examines such questions as: Is the Court, as progressives claim, really in some sort of crisis and merely a tool of a cabal involving the rather unlikely combination of corporate America and the supposedly evil religious right? Or, as many on the right argue, has the legislative branch, for expediency’s sake and in a cowardly and self-serving fashion, abrogated its constitutional responsibilities, thereby ceding far too much power to both the administrative state and the courts? Shapiro parses these questions with authority, weighing the pros and cons of the various reform measures of recent years with shrewdness, fairness and wit. Second, for general readers it is an entertaining yet substantive tour of the American political and legal landscape since the Founding Era and abounds in fascinating facts (e.g., when the first public Senate hearings on a Supreme Court nominee were held, the first time such a nominee testified in person before the Senate, the first time such hearings were televised). We learn about everything from the famous “Midnight Judges” to the fiascos of the nomination of Harriet Miers and those of Haysworth and Carswell. The book provides succinct profiles of such people that present them as distinct individuals and not as punchlines. The book is perfectly timed given that it was published just before the death of Ruth Bader Ginsburg and the Senate hearings on the confirmation of now Justice Amy Coney Barrett. This is the book to turn to in coming years for solid analysis as the left pushes for “reform” of not only the Supreme Court but the entire federal judiciary—which Shapiro also discusses in depth. 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

Is Britain a part of Europe? The British have been ambivalent on this question since the Second World War, when the Western European nations sought to prevent the return of fascism by creating strong international ties throughout the Continent. Britain reluctantly joined the Common Market, the European Community, and ultimately the European Union, but its decades of membership never quite led it to accept a European orientation. In the view of the distinguished political scientist Vernon Bogdanor, the question of Britain’s relationship to Europe is rooted in “the prime conflict of our time,” the dispute between the competing faiths of liberalism and nationalism. Britain and Europe in a Troubled World (Yale UP, 2019) provides concise, expertly guided tour provides the essential background to the struggle over Brexit. Charles Coutinho Ph. D. of the Royal Historical Society, received his doctorate from New York University. His area of specialization is 19th and 20th-century European, American diplomatic and political history. He has written for Chatham House’s International Affairs, the Institute of Historical Research's Reviews in History and the University of Rouen's online periodical Cercles. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The debate over American immigration policy has obsessed politicians and disrupted the lives of millions of people for decades. In The Battle To Stay in America: Immigration's Hidden Front Line (University of Nevada Press, 2020), Professor Michael Kagan focuses on Las Vegas, Nevada. Las Vegas is a city where more than one in five residents was born in a foreign country. It's a city dependent on its immigrant population, but one where the community is struggling to defend itself against the federal government’s crackdown on undocumented immigrants. Professor Kagan tells this story not just as a front-line immigration lawyer, but also as a citizen, as a friend, and a parent. His intensely personal account converts headlines, complicated and punitive legal processes, and unjust bureaucratic procedures into the personal stories of the struggles to survive the severe immigration policing of the current administration. This is the immigration story that needs to be told: the disappearances of neighbors, the breaking up of families, the parents who are forever relegated to working jobs below their potential because immigration laws prevent them ever being free and equal. Kagan explains how American immigration law often gives good people no recourse. Under President Trump complex bureaucracies that administer immigration law have been re-engineered to carry out a relentless but often invisible attack against people and families who are integral to American communities. Professor Kagan tells the stories of people desperate to escape unspeakable violence in their homeland, children separated from their families and trapped in a tangle of administrative regulations, and hardworking long-time residents suddenly ripped from their productive lives when they fall unwittingly into the clutches of the immigration enforcement system. He considers how the crackdown on immigrants negatively impacts the national economy and offers a deeply considered assessment of the future of immigration policy in the United States. Kagan also captures the psychological costs exacted by fear of deportation and by increasingly overt expressions of hatred against immigrants. The Battle to Stay in America could not be more timely; with a changing Administration it's time not just to rethink America's immigration policy, but change how we think about immigration entirely. Professor Michael Kagan is the director of the UNLV Immigration Clinic, which defends children and families fighting deportation in Las Vegas, and is a Joyce Mack Professor of Law at the University of Nevada, Las Vegas. He was a plaintiff that prevented the Trump administration from adding a question about citizenship to the 2020 census. He has written for The Washington Post, Salon.com and The Daily Beast, and is a leading national scholar of immigration and refugee law. He is one of the most widely cited immigration scholars in the United States, and his work has been relied on in courts in the United States and beyond. Jane Richards is a doctoral candidate in human rights law at the University of Hong Kong. You can find her on twitter @JaneRichardsHK where she follows the Hong Kong protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Historically, marriage was understood to be a conjugal relationship; that is to say, a bond uniting a man and a woman as husband and wife in a partnership shaped by its special aptness for conceiving and rearing children. Thus, its norms included sexual complementarity, exclusivity, fidelity, and a pledge of permanence. In 2015, the Supreme Court of the United States, in the case of Obergefell v. Hodges, held that states could no longer define marriage as a distinctively male-female bond. The Court required all fifty states to eliminate the norm of sexual complementarity so that the relationships of same-sex partners could be recognized as “marriages.” To many Americans, justice had triumphed, “bigotry” had been defeated, so-called “marriage equality” would usher in a golden era of tolerance and there would be absolutely no negative repercussions. Those people and institutions (such as religious bodies) who cling to the idea of marriage as a conjugal bond and therefore oppose this sweeping change were henceforth to be treated as not just defeated foes in a series of court cases but as hate-filled yahoos suffering from a form of moral insanity. This was despite the fact that those who believe that marriage is between one man and one woman were assured repeatedly by their opponents throughout the period up until Obergefell—and by the majority itself in that decision—that they had nothing to fear from what was, they insisted, a mere extension of marriage not its redefinition. They were told no harm would result to either individuals of conscience or to parents or children who would now be brought up in a world in which marriage is defined as basically an emotional union between adults of whatever sex, not one based on the bodily union of a man and a woman made possible by their sexual-reproductive complementarity. When defenders of the conjugal view of marriage pointed out that its legal abolition left no principled basis for norms such as permanence, monogamy, and fidelity, their arguments went for the most part unaddressed, except by the occasional candid critic, such as the gay activist writer Michelangelo Signorile, who replied that the abolition of traditional norms of morality represented a form of “liberation” from outmoded strictures. The norms were to be relegated to the history books and those who expressed allegiance to them were to find themselves increasingly in danger of losing their jobs, their businesses, and their rights to educate their children in their own beliefs. The authors of a book published in 2012, and in 2020 out in a second edition with a powerful new afterword, saw all of this coming. That book was What Is Marriage? Man and Woman: A Defense (Encounter Books, by Sherif Girgis, Ryan T. Anderson & Robert P. George. We will talk to Mr. Anderson about the new edition of the book and what he and his co-authors got right about what was likely to happen in terms of religious freedom generally and in areas such as foster care and adoption assistance in a same-sex marriage world and what even he and his co-authors did not foresee. All of this affects all of us. 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

The Antebellum Origins of the Modern Constitution: Slavery and the Spirit of the American Founding (Cambridge University Press, 2020) argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bob Bauer and Jack Goldsmith, two attorneys who have worked, respectively, in the Barack Obama and the George W. Bush Administrations, have written a blueprint of considerations to reform and revise aspects of the Executive Branch and the presidency. After Trump: Reconstructing the Presidency (Lawfair Press, 2020) joins a number of recent books—among them Susan Hennessey and Benjamin Wittes’ Unmaking the Presidency, Stephen F. Knott’s The Lost Soul of the American Presidency, Lara M. Brown’s Amateur Hour—that assess the American Presidency, pointing out weaknesses in the structure of the office and the means to hold presidents accountable for their actions and decisions while in office. Bauer and Goldsmith come to their analysis from their perspectives and experiences working as attorneys at the highest levels of the Executive Branch and the presidency. They use these experiences to examine what they have seen transpire over the past four years of the Trump Administration, and the abuses of the office itself and aspects of the Executive Branch, particularly with regard to the Justice Department. This book looks at the institution of the presidency, while also exploring the way that Congress and the Courts work in relation to the Executive, providing a fairly comprehensive road map for reforms that can be done by a number of different political actors, including the next president. After Trump: Reconstructing the Presidency really is a map or blueprint, outlining particular problems or controversial behavior by President Donald Trump and members of the Administration and/or Executive Office of the President staff, examining previous examples of the same kind of problems or behaviors, and then offering proposals for reform or revision that would address the problems or behaviors. After Trump: Reconstructing the Presidency is divided into three sections, each section has particular focal points with regard to the presidency. Part one of the book focuses specifically on the president and advances proposals that, in many cases, would institutionalize and legalize norms that had been in place and adhered to by previous presidents, but not by President Trump. The second section, which is quite extensive, spotlights the relationship between the president and the Department of Justice. This part of the book proposes reforms that aim to keep the Justice Department independent of presidential interference and allows the Department to function and use its extraordinary tools and law enforcement capacities in a way that is free from corruption or inappropriate influence. The third part of the book is also the most difficult part in terms of reforms, since this section of the book treads into the area of presidential power that is long standing, and historically the realm of the Executive in the constitutional system. Bauer and Goldsmith note that they are committed to the idea of a powerful president, in line with Alexander Hamilton’s argument for an energetic executive in Federalist #70. But they also note that the president needs to be constitutionally accountable, thus their book aims at reforms that will institutionalize some of the guardrails that would contribute to more accountability without weakening the president or the presidency. Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award-winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Joseph E. David, Professor of Law at Sapir Academic College in Israel, has written an intellectual history of the concept of belonging. David reviews the ancient Greek, Christian Biblical, Talmudic and Islamic conceptions of belonging and how such ideas have affected understandings of familial relations, marriage, and the political role of the family at different points in Western political history. His case studies range from the earliest Christian and, Jewish and Islamic discussions of legally appropriate family relations to the modern concerns with the public versus private status of the family in the liberal state. David also presents us with the options the modern liberal state has provided policy-makers who are concerned with autonomy and equality in the family. 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

Welcome to The Academic Life. You are smart and capable, but you aren’t an island, and neither are we. So we reached across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring in an expert about something? Email us at [email protected] or [email protected]. Find us on Twitter : The Academic Life @AcademicLifeNBN. In this episode you’ll hear: about the limits and the breadth of the first amendment, what to do when your free speech rights are violated, why having “free speech zones” on campus doesn’t work, and what you can do when someone else’s free speech is hurtful or offensive. Our guest is Will Creeley, legal director of The Foundation for Individual Rights in Education. Will began defending student and faculty rights for FIRE in 2006 after graduating from New York University School of Law, where he served as an associate executive editor for the New York University Law Review. He is a member of the First Amendment Lawyers Association and serves as Co-Chair of the Education Subcommittee of the American Bar Association’s Section of Administrative Law and Regulatory Practice. Your host is Dr. Christina Gessler, a historian of women, gender, and sexuality. She specializes in decoding diaries written by rural women in the 19th century. She credits her ability to read nearly-illegible things to a childhood spent trying read her dad’s handwriting. Christina’s dad was a public defender; human rights and how to defend them was dinner table talk nightly. Listeners to this episode might be interested in: First Things First: A Modern Coursebook on Free Speech Fundamentals, by Ronald K.L. Collins, Will Creeley, David L. Hudson Jr., and Jackie Farmer. "How to Respond to Richard Spencer," by Will Creeley, The New York Times (Oct. 19, 2017). Jim Crow Campus: Higher Education and the Struggle for a New Southern Social Order, by Joy Ann Williamson-Lott. "Fighting for Free Speech on America’s Campuses," by Cecilia Capuzzi Simon, The New York Times (Aug. 1, 2016). FIRE's Tips for Student Activism 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 United States, gun violence is in a state of national crisis, yet efforts to reform gun regulation face significant political and constitutional barriers. In this innovative book, Ian Ayres and Fredrick E. Vars put forward creative and practical solutions, proposing legislative reform which will reduce gun deaths. Theirs is a libertarian 'bottom-up' approach which seeks to empower those most at risk by allowing individuals a choice to opt in to common-sense gun regulation for themselves. At the same time, the genius of Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights (Harvard University Press, 2020) is that the proposals do not infringe the individual freedoms of gun ownership protected by the second amendment. Ayres and Vars put forward practical solutions which, where adopted, will cause an immediate reduction in lives lost as a result of gun violence. Their work is empirically grounded and provides a roadmap for legislators and policy makers who wish to keep people safe by reducing gun deaths. Ian Ayres is the William K. Townsend Professor of Law and Professor of Management at Yale University. He is the author of many books, including the New York Times bestseller Super Crunchers. He is a contributor to Forbes, NPR's Marketplace, and the New York Times. Fredrick E. Vars is the Ira Drayton Pruitt, Sr., Professor of Law at the University of Alabama, where he specializes in mental health law. He works with numerous suicide-prevention organizations and is a member of the American Bar Association Standing Committee on Gun Violence. Jane Richards is in the final stages of completing her doctoral thesis on the application of the United Nations Convention on the Rights of Persons with Disabilities to the insanity defence and its disposition orders 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

During the mid-1930s, Germans opposed to Adolf Hitler had only a limited range of options available to them for resisting the Nazi regime. One of the most creative and successful challengers in this effort was Ernst Fraenkel, who as an attorney sought to use the law as a means of opposing Nazi oppression. In Legal Sabotage: Ernst Fraenkel in Hitler’s Germany (Cambridge University Press, 2020), Douglas G. Morris describes the ways in which Frankel stood up to the Nazis and what understandings he drew from that experience. As a veteran of the First World War, Fraenkel survived the initial purge resulting from the implementation of measures designed to bar Jews from practicing law in the Third Reich. Though his legal practice suffered, Fraenkel persisted in defending people prosecuted by the Nazis, and enjoyed success in a number of cases. While the increased restrictions and growing reach of the police state ultimately forced Fraenkel to emigrate in 1938, his experiences as a lawyer played a major role in the development of the “dual state” theory of dictatorship, the only analysis of totalitarianism written from within Nazi Germany and the cornerstone of Fraenkel’s contributions to the field of political science. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kimberley Brownlee, a professor of philosophy at the University of British Columbia, has written a monograph addressing her argument in favor a right against social deprivation. In Being Sure of Each Other: An Essay on Social Rights and Freedoms (Oxford UP, 2020), Professor Brownlee contends that all humans have basic needs for human interaction. Since such needs are fundamental for survival, they should be regarded as a human right. Social interaction is not a right to “love” or “friendship”, but rather a right to basic opportunities to interact with other humans. Although Professor Brownlee’s argument is most easily applicable to institutional settings wherein people are frequently deprived of human interaction, such as solitary confinement in prisons or isolation in hospitals, this right is generally applicable to a wide array of contexts in which people find themselves isolated from others. 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

My guest today, author Mithu Sanyal, describes the topic of rape as a ‘cultural sore spot,’ one that requires yet eludes wide conversation. Her latest book, Rape: From Lucretia to #MeToo (Verso, 2019), bravely starts this conversation. It covers the history of rape as well as of our divergent and misguided conceptions for it, and it addresses the topic’s intersection with matters of gender stereotypes and racism. We unpack these topics in our interview, along with the psychological phenomena undergirding conflicts over consent and body sovereignty. This episode will be of interest for anyone interested in the problems of sexual violence and gender bias. Mithu Sanyal is an award-winning broadcaster, academic, and author based in Dusseldorf. Her prior book, Vulva, has been translated into five languages. Eugenio Duarte, Ph.D. is a psychologist and psychoanalyst practicing in Miami. He treats individuals and couples, with specialties in gender and sexuality, eating and body image problems, and relationship issues. He is a graduate and faculty of William Alanson White Institute in Psychiatry, Psychoanalysis, and Psychology in New York City and former chair of their LGBTQ Study Group; and faculty at Florida Psychoanalytic Institute in Miami. He is also a contributing author to the book Introduction to Contemporary Psychoanalysis: Defining Terms and Building Bridges (2018, Routledge). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At first glance, the term “expressive individualism” seems benign enough. After all, people throughout the Western world value their personal freedom and the liberty to make crucial life decisions such as whether to have children and how and when they wish to die. What could possibly be wrong with the idea that everyone should be in control of his or her own body and fate to the greatest extent possible and with the least intrusion by either the state or “outdated” social mores? But there is a dark side to expressive individualism when one enters the realm of public bioethics. In his 2020 book What It Means to Be Human: The Case for the Body in Public Bioethics (Harvard University Press, 2020), O. Carter Snead defines for us what the term “public bioethics” encompasses and provides a much-needed genealogy of the field. He profiles key players in many of the most momentous bioethics-related developments of the post-WWII era from physicians such as Henry Knowles Beecher to jurists like Harry Blackmun and influential scholars in fields such as philosophy and sociology like Alasdair MacIntyre, Charles Taylor and Robert Bellah. Snead chronicles how the field of bioethics came to be shaped by shocking revelations of cases of inhumanity many of which are well-known (such as the infamous Tuskegee Syphilis Study) but many of which are rarely discussed such as medical experiments performed on near-term alive aborted babies. Such cases shocked the public and led to legislation creating commissions and other bodies designed to prevent such horrors. But Snead argues that much of the action on the public policy front failed for multiple reasons and left vulnerable groups (e.g., the aged, the cognitively disabled, the unborn) outside a legal regime built upon the precepts of expressive individualism. And even those who were supposedly able to express their wishes were often harmed by the expressive individualism paradigm and its legal framework. Snead gives examples of the many actors in the area of assisted reproduction and assisted suicide whose rights can be trampled in the name of a notion of personal liberty that does not account for changes of mind. He also demonstrates that regulation and oversight was often, for all intents and purposes, absent in many cases. Snead’s book is a clarion call for what he calls “remembering the body.” This is an important book for anyone who may at some point become ill or disabled or who will end up caring for someone who is. That is, it is a book for everyone. It is by a leading scholar, but its readership is anyone with a body and who loves other people—or at least has some control over them. Give a listen. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The world of theater performances is often thought of as being composed of wealthy persons who received elite educations at art institutions all so they could be observed by a small, wealthy elite at exclusive and expensive gatherings. Theater is seen as an insular, elitist practice, for and by a select few. However, this image of theater is deeply misleading, especially as more performances are available for download, and many smaller more open institutions invest more in theater productions. One place that might surprise a lot of people is the popularity of performances staged by incarcerated persons, and presented in behind the walls of prisons. Theater is a social, communal practice, so making it happen within an institution that is not only isolated from the outside world, but is designed to isolate those within, will naturally come with various challenges, and also raises various questions on the nature of both theater and the carceral system. These are the questions Ashley Lucas addresses in her recent book Prison Theatre and the Global Crisis of Incarceration (Bloomsbury, 2020). Featuring a combination of her own firsthand experience as a director of prison theater, interviews with those involved in the world prison theater and scholarly research, the book is a unique combination of genres that occupies some very interesting intersections, and is able to explore some very difficult topics, from questions of artistic expression, the nature of community and what hope in a hopeless situation looks like. Ashley Lucas is an associate professor of Theatre and Drama and the Residential College at the University of Michigan, and is also the former director of the Prison Creative Arts Project. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Throughout American history, views on the proper relationship between the state and religion have been deeply divided. And, with recent changes in the composition of the Supreme Court, First Amendment law concerning religion is likely to change dramatically in the years ahead. In The Religion Clauses: The Case for Separating Church and State (Oxford University Press, 2020), Erwin Chemerinsky and Howard Gillman, two of America's leading constitutional scholars, begin by explaining how freedom of religion is enshrined in the First Amendment through two provisions. They defend a robust view of both clauses and work from the premise that that the establishment clause is best understood, in the words of Thomas Jefferson, as creating a wall separating church and state. After examining all the major approaches to the meaning of the Constitution's religion clauses, they contend that the best approaches are for the government to be strictly secular and for there to be no special exemptions for religious people from neutral and general laws that others must obey. In an America that is only becoming more diverse with respect to religion, this is not only the fairest approach, but the one most in tune with what the First Amendment actually prescribes. Both a pithy primer on the meaning of the religion clauses and a broad-ranging indictment of the Court's misinterpretation of them in recent years, The Religion Clauses shows how a separationist approach is most consistent with the concerns of the founders who drafted the Constitution and with the needs of a religiously pluralistic society in the 21st century. Kirk Meighoo is a TV and podcast host, former university lecturer, author and former Senator in Trinidad and Tobago. He hosts his own podcast, Independent Thought & Freedom, where he interviews some of the most interesting people from around the world who are shaking up politics, economics, society and ideas. You can find it in the iTunes Store or any of your favorite podcast providers. You can also subscribe to his YouTube channel. If you are an academic who wants to get heard nationally, please check out his free training at becomeapublicintellectual.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today we speak to Carolyn Conley, Professor Emerita from the University of Alabama – Birmingham, about her new book Debauched, Desperate, Deranged: Women Who Killed, London 1674-1913 (Oxford UP, 2020). This book examines the over 1400 trials of women accused of homicide in London from 1674-1913, using trial records as well as newspaper, pamphlets and other media to analyse the changing image of the female killer. Conley is the author of The Unwritten Law: Criminal Justice in Victorian Kent (Oxford UP, 1991); Melancholy Accidents: The Meaning of Violence in Post-Famine Ireland (Lexington Books, 1999); and Certain Other Countries: Homicide and National Identity in England, Ireland, Scotland, and Wales, 1867- 92 (Ohio State University Press, 2007). This work, a sort of capstone for her career, traces the development of the criminal prosecution and punishment of women from the early modern era to the early twentieth century. 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

The Color of Creatorship: Intellectual Property, Race, and the Making of Americans (Stanford University Press, 2020) by Anjali Vats is an intricate and meticulously researched text on intellectual property history, race, and citizenship from the 1790s to the present. This is a complex narrative that engages multiple fields of knowledge including rhetoric, history, communication studies, law, and critical race theory. With a focus on race and neo-coloniality in American intellectual property law, Vats argues that intellectual property and citizenship “have evolved and continue to evolve—in deeply intertwined and raced ways” as demonstrated in racial scripts or narratives about creators and infringers (2). In her history of intellectual property, Vats focuses on copyright, patent, and trademark discourses in her intricate analysis of how ideas about creator, citizenship, race and nation unfold over time. The text includes an “Introduction” that discusses intellectual property as “a set of rhetorics” about citizenship and how “race and coloniality structure doctrinal practices in copyright, patent, and trademark law” (3). She uses the phrase “intellectual property citizen” to organize the text into four neat chapters that discuss how whiteness and property interests shape intellectual property law at times in the “guise of equality” and race neutral language. The first two chapters cover the development of ideas about intellectual property from the early Republic to the mid-twentieth century. Chapter One is titled “The Intellectual Property Citizen” and it focuses on how whiteness became more formally linked with citizenship in the 1700s including some analysis of how the production of knowledge marked the boundaries of American citizenship. This is the era in which creatorship is cast as “fundamentally white” according to the author. Chapter Two is titled “The Race Liberal Intellectual Property Citizen” and it concerns a discussion of how race liberal citizenship emerged in the post-World War II Era. In Chapter Three, “The Post Racial Intellectual Property Citizen” Vats notes that the administration of Barack H. Obama passed a series of laws that helped to maintain a notion of white creatorship ultimately producing a post racial intellectual property citizen. The color of creatorship essentially remained white during the Obama Era. Lastly, in the final Chapter “Rescripting Creatorship, Rescripting Citizenship” creators of color such as Prince Rogers Nelson pushed back against the racialist narratives in intellectual property law through performative acts of resistance and in the process contributed to the remaking of capitalism more generally.' Anjali Vats is Assistant Professor of Communication and African and African Diaspora Studies and Assistant Professor of Law (by courtesy) at Boston College. Hettie V. Williams Ph.D., is an Assistant Professor of African American history in the Department of History and Anthropology at Monmouth University where she teaches courses in African American history and U.S. history. She has published book chapters, essays, and edited/authored five books. Her latest publications include Bury My Heart in a Free Land: Black Women Intellectuals in Modern U.S. History (Praeger, 2017) and, with Dr. G. Reginald Daniel, professor of historical sociology at the University of California, Santa Barbara, Race and the Obama Phenomenon: The Vision of a More Perfect Multiracial Union (University Press of Mississippi 2014). Follow me on twitter: @DrHettie2017 Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines: Policing, Violence, and Scientific Interrogations in India (University of Michigan Press, 2020) examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention. 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 new book Empire of Law: Nazi Germany, Exile Scholars, and the Battle for the Future of Europe (Cambridge UP, 2020), Kaius Tuori examines the inherent unity of European legal traditions that extend to ancient Rome. This book explores the invention of this tradition, tracing it to a group of legal scholars divided by the onslaught of Nazi terror and totalitarianism in Europe. As exiles in Britain and the US, its formulators worked to build bridges between the Continental and the Atlantic legal traditions, incorporating ideas such as rule of law, liberty, and equality to the European heritage. Others joined the Nazi revolution, which promoted its own idea of European unity. At the end of World War Two, natural law and human rights were incorporated into the European project. The resulting narrative of Europe, one that outlined human rights, rule of law, and equality, became consequently a unifying factor during the Cold War as the self-definition against the challenge of communism. Kaius Tuori is Professor of European Intellectual History at the Centre for European Studies at the University of Helsinki. Craig Sorvillo is a PhD candidate in modern European history at the University of Florida. He specializes in Nazi Germany and the Holocaust. He can be reached at [email protected] or on Twitter @craig_sorvillo. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Muslim Women’s Rights: Contesting Liberal-Secular Sensibilities in Canada (Routledge 2019) By Tabassum Fahim Ruby follows the legal debates and public discussions that surrounded the proposed shari‘ah tribunals in Canada from 2003 to 2006. In her close readings and discourse analysis of the public and media scrutiny that followed this discussion, Ruby found that these debates existed at the nexus of complex assumptions about human rights discourses, liberal-secular sensibilities, and law, which all hinged on narratives of western modernity and progress and were set against notions of Muslim women’s rights and agency, or lack thereof. By tracing discourses surrounding Islamic family law and practices of faith-based arbitration in Canada, the study problematizes conceptions of multiculturalism, secularism, and human rights discourses, while further contributing to discussion of contemporary Islam and gender by drawing on postcolonial, antiracist, and transnational feminist studies by focusing on Muslim women’s rights. This book will be of interest to scholars who think and write about women and gender in Islam, especially in Canada, the United States and western Europe, along with those who are interested in human rights and Islamic law. It will also be a great text to include in courses on Islam and gender, and contemporary Islam. Shobhana Xavier is an Assistant Professor of Religious Studies at Queen’s University. Her research areas are on contemporary Sufism in North America and South Asia. She is the author of Sacred Spaces and Transnational Networks in American Sufism (Bloomsury Press, 2018) and a co-author of Contemporary Sufism: Piety, Politics, and Popular Culture (Routledge, 2017). More details about her research and scholarship may be found here and here. She may be reached at [email protected]. You can follow her on Twitter via @shobhanaxavier. 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 fascinating history of Australia’s electoral system, Judith Brett makes a timely case in favour of compulsory voting. Her analysis is entertaining and enlightening, and makes a significant contribution to the ongoing political discussions around the US electoral college, the Brexit vote, and the frequently-changing Australian Prime Ministership. In From Secret Ballot to Democracy Sausage: How Australia Got Compulsory Voting (Text Publishing 2019), Brett paints a lively picture of one of the institutions that helps to define Australia’s democracy; its compulsory voting system. The reader comes to understand how Australia’s democracy sausages have become a symbol of its contribution to electoral processes around the world. By Brett’s rollicking account, it becomes clear that its compulsory voting system is one that Australians should be rightly proud of. Emeritus Professor of politics, Judith Brett is one of Australia’s foremost political biographers. At La Trobe University she was a Professor of Australian Politics, Political Biography and Political History. She is the author of a number of books, including the award winning biography The Enigmatic Mr Deakin (Text Publishing, 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When are borders justified? Who has a right to control them? Where should they be drawn? Today people think of borders as an island's shores. Just as beaches delimit a castaway's realm, so borders define the edges of a territory, occupied by a unified people, to whom the land legitimately belongs. Hence a territory is legitimate only if it belongs to a people unified by a civic identity. Sadly, this Desert Island Model of territorial politics forces us to choose. If we want territories, then we can either have democratic legitimacy, or inclusion of different civic identities--but not both. The resulting politics creates mass xenophobia, migrant-bashing, hoarding of natural resources, and border walls. To escape all this, Paulina O. Espejo's On Borders: Territories, Legitimacy, and the Rights of Place (Oxford UP, 2020) presents an alternative model. Drawing on an intellectual tradition concerned with how land and climate shape institutions, it argues that we should not see territories as pieces of property owned by identity groups. Instead, we should see them as watersheds: as interconnected systems where institutions, people, the biota, and the land together create overlapping civic duties and relations, what the book calls place-specific duties. This Watershed Model argues that borders are justified when they allow us to fulfill those duties; that border-control rights spring from internationally-agreed conventions--not from internal legitimacy; that borders should be governed cooperatively by the neighboring states and the states system; and that border redrawing should be done with environmental conservation in mind. The book explores how this model undoes the exclusionary politics of desert islands. 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 Founding Fathers fail to include blacks and Indians in their cherished proposition that “all men are created equal”? Racism is the usual answer. Yet Nicholas Guyatt argues in Bind Us Apart: How Enlightened Americans Invented Racial Segregation (Basic Books, 2016) that white liberals from the founding to the Civil War were not confident racists, but tortured reformers conscious of the damage that racism would do to the nation. Many tried to build a multiracial America in the early nineteenth century, but ultimately adopted the belief that non-whites should create their own republics elsewhere: in an Indian state in the West, or a colony for free blacks in Liberia. Herein lie the origins of “separate but equal.” Essential reading for anyone hoping to understand today's racial tensions, Bind Us Apart reveals why racial justice in the United States continues to be an elusive goal: despite our best efforts, we have never been able to imagine a fully inclusive, multiracial society. 1619, Revisited by Nicholas Guyatt. How Proslavery Was the Constitution? by Nicholas Guyatt. 1619 Project by Nikole Hannah-Jones Adam McNeil is a third-year PhD Student in early African American Women's History at Rutgers University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Imagine you live in a freewheeling city like New York or London – one of the world’s leading financial, educational, and cultural centres. Then imagine that one of the world’s most infamous authoritarian regimes makes direct control over your city, introducing secret police, warrant less surveillance and searches, massive repression and the arrest of protestors, and aggressive prosecution… This is what just happened in Hong Kong” --Michael C. Davis It is difficult to understand the pace or extent of the changes in Hong Kong since the protests began in June 2019, however in his latest book, Michael C. Davis breaks down for both the uninitiated and expert alike, the political, legal and informal events that have shaped Hong Kong under China’s ever expanding controls. In recent years, Beijing’s increasing interference with Hong Kong’s autonomy has begun to erode the promised “one country, two systems” model. The tension between one country and two systems came to a head in 2019; the world watched Hong Kong’s widespread protests demanding the maintenance of Hong Kong’s autonomy, rule of law and basic freedoms. In an attempt to quell the resistance movement, in 2020 Beijing introduced a National Security Law which has had a chilling effect on society. In Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020), Professor Davis contextualizes these events in Hong Kong’s political history, giving the reader unique understandings about the events of 2019 and 2020. Professor Michael C. Davis has taught human rights and constitutional law in Hong Kong for over three decades. Through that time, he has witnessed first-hand the changes from the period before the handover in 1997 under British Colonial Rule, including the events after the Tiananmen crackdown in 1989. He was instrumental in the organisation of the massive 2003 and 2004 protests, and witnessed first-hand the protests of the 2014 Occupy Central movement. He brings his unique insights to this book. Davis is the author of a number of books and his scholarship engages a wide range of issues relating to human rights, the rule of law and constitutionalism in emerging states. He is widely published in both academic circles and also popular news media. In 2014 he was awarded the 2014 Human Rights Press Award for his commentary by the Hong Kong Foreign Correspondents Club. Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fluid Jurisdictions: Colonial Law and Arabs in Southeast Asia (Cornell University Press, 2020) by Prof. Nurfadzilah Yahaya is a wide-ranging, geographically ambitious book that tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. Here, Yahaya looks at colonial legal infrastructure – discussing how it impacted, and was impacted by, Islam and ethnicity. But more importantly, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. In order to ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played themselves out between family, religious, contract, and commercial legal orders. Nurfadzilah Yahaya is a legal historian of the Indian Ocean. She is currently Assistant Professor at the History Department, National University of Singapore (NUS). She was a Research Fellow at the Asia Research Institute until June 2016, NUS. She is the Editor of the World Legal History Blog on Humanities and Social Sciences Online (H-net). She received her PhD in History from Princeton University in 2012, and was a Postdoctoral Fellow in Islamic Studies in Washington University in St. Louis until June 2015. She has published journal articles in Law and History Review, Indonesia and the Malay World, and The Muslim World. Kelvin Ng hosted the episode. He is a Ph.D. student at Yale University, History Department. His research interests broadly lie in the history of imperialism and anti-imperialism in the early-twentieth-century Indian Ocean circuit. Janna Aladdin is a recent MA graduate of NYU’s Near Eastern studies program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law