New Books in Law

Are psychedelics invaluable therapeutic medicines, or dangerously unpredictable drugs that precipitate psychosis? Tools for spiritual communion or cognitive enhancers that spark innovation? Activators for one’s private muse or part of a political movement? In the 1950s and 1960s, researchers studied psychedelics in all these incarnations, often arriving at contradictory results. In American Trip: Set, Setting, and the Psychedelic Experience in the Twentieth Century (MIT Press, 2020), Ido Hartogsohn examines how the psychedelic experience in midcentury America was shaped by historical, social, and cultural forces—by set (the mindset of the user) and setting (the environment in which the experience takes place). In this interview, Hartogsohn discusses the roles psychedelics have played worldwide, and what renewed interest in their medical value can offer individuals and society. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, she edits Points, the blog of the Alcohol and Drugs History Society. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Monster is an adult pit bull, muscular and grey, who is impounded in a large animal shelter in Los Angeles. Like many other dogs at the shelter, Monster is associated with marginalized humans and assumed to embody certain behaviors because of his breed. And like approximately one million shelter animals each year, Monster will be killed. The Lives and Deaths of Shelter Animals (Stanford UP, 2020) takes us inside one of the country's highest-intake animal shelters. Katja M. Guenther witnesses the dramatic variance in the narratives assigned different animals, including Monster, which dictate their chances for survival. She argues that these inequalities are powerfully linked to human ideas about race, class, gender, ability, and species. Guenther deftly explores internal hierarchies, breed discrimination, and importantly, instances of resistance and agency. Katja M. Guenther is Associate Professor of Gender and Sexuality Studies at the University of California, Riverside, and author of Making Their Place (Stanford, 2010). Mark Molloy is the reviews editor at MAKE: A Literary Magazine. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Republic of Biafra lasted for less than three years, but the war over its secession would contort Nigeria for decades to come. A History of the Republic of Biafra: Law, Crime, and the Nigerian Civil War (Cambridge University Press, 2020) examines the history of the Nigerian Civil War and its aftermath from an uncommon vantage point – the courtroom. Wartime Biafra was glutted with firearms, wracked by famine, and administered by a government that buckled under the weight of the conflict. In these dangerous conditions, many people survived by engaging in fraud, extortion, and armed violence. When the fighting ended in 1970, these survival tactics endured, even though Biafra itself disappeared from the map. Based on research using an original archive of legal records and oral histories, Daly catalogues how people navigated conditions of extreme hardship on the war front, and shows how the conditions of the Nigerian Civil War paved the way for the country's long experience of crime that was to follow. Samuel Fury Childs Daly is an Assistant Professor of African and African American Studies, History, and International Comparative Studies at Duke University in Durham, North Carolina. Madina Thiam is a PhD candidate in history at UCLA. 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 latest book, Professor Lindsay Farmer offers a historical and conceptual analysis of theories of criminalization. The book shows how criminalization is inextricably linked to the making of the modern criminal law. This distinct body of rules and processes is neither fixed nor inevitable in what, who, and how it criminalizes. Instead, it is constructed by the changing functions of criminal law as an instrument of government in the modern state. In this way, the criminal law, and processes of criminalization shape the modern civil order. Making of the Modern Criminal Law: Criminalization and Civil Order first traces the development of the modern criminal law as an institution, and shows how this secures civil order. Specifically, it identifies particular aspects of criminal law – those being jurisdiction, codification and responsibility – to give an understanding how social order is constructed by the criminal law. The book then provides detailed analysis of three particular areas of criminal law, focusing on patterns of criminalization in relation to property, the person and sexual conduct. The book is essential reading for scholars of criminal law and theory, criminalization, and all those who wish to understand the far-reaching impact of the criminal law on social order. Farmer raises questions relevant for lawyers, legislators and theorists and asks the reader to question their assumptions about the modern criminal law, the process of criminalization and social order. Lindsay Farmer is a professor of law at the University of Glasgow. He has previously held teaching posts at the University of Strathclyde, and at Birkbeck College, University of London. He has spent time as a visiting professor at the Center for Law and Society in the University of California at Berkeley, the University of Toronto, Columbia University, New York and the University of Sydney. He is the author of a number of books, and has recently been awarded a Leverhulme Trust Major Research Fellowship (2019-2022) to work on a project entitled "Rethinking the Relation between Criminal Law and Markets". In 2019 he was elected as a Fellow of the British Academy. 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

Most people recognize that the internet is growing at an exponential rate. But few have thought as deeply as Laura DeNardis, a Professor and Interim Dean at the School of Communication at American University, about what those changes will mean for privacy, security, human rights, and democracy. In The Internet in Everything: Privacy and Security in a World With No Off Switch (Yale, 2020), Professor DeNardis shows that the policy tools and normative constructs we have built around the internet are outdated. The internet has evolved from a system of communication to one of control—and that demands a new approach to internet governance. On this episode, I talked with Dr. DeNardis about why we need to move beyond an understanding of internet governance as content governance; whether governments can resist exploiting cybersecurity vulnerabilities; and why she thinks ‘internet freedom’ is a “somewhat fetishized ideal.” At one point, Dr. DeNardis’s dog weighs in on the virtues of techno-libertarianism. We wrap up with some predictions for the future of the multi-stakeholder governance model and Dr. DeNardis’s thoughts on 2020. 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

R. H. Helmholz's book Natural Law in Court (Harvard UP, 2015) serves as a guide to the uses of natural law in the past. It shows how lawyers, judges and jurists used natural law to reason and argue about all areas of the law, be they procedural or substantive. Far from being a polemic, this book delves into the legal record of multiple countries to compare, contrast and shed light on the role natural law played in actual legal disputes. Due to the renewed interest in natural law today, this book serves as an important counter-point to legal thinkers who too often rely on purely philosophical or theoretical notions of natural law in their arguments to show how natural law was (and potential can be) deployed to make effective legal arguments in actual legal proceedings. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Prior to the abolition of slavery, thousands of African-descended people in the Americas lived in freedom. Their efforts to navigate daily life and negotiate the boundaries of racial difference challenged the foundations of white authority—and linked the Americas together. In Black Freedom in the Age of Slavery: Race, Status, and Identity in the Urban Americas (U of South Carolina Press, 2020), John Garrison Marks examines how these individuals built lives in freedom for themselves and their families in two of the Atlantic World's most important urban centers: Cartagena, along the Caribbean coast of modern-day Colombia, and Charleston, in the low country of North America's Atlantic coast. Marks reveals how skills, knowledge, reputation, and personal relationships helped free people of color improve their fortunes and achieve social distinction in ways that undermined whites' claims to racial superiority. Built upon research conducted on three continents, this book takes a comparative approach to understanding the contours of black freedom in the Americas. It reveals in new detail the creative and persistent attempts of free black people to improve their lives and that of their families. It examines how various paths to freedom, responses to the Haitian Revolution, opportunities to engage in skilled labor, involvement with social institutions, and the role of the church all helped shape the lived experience of free people of color in the Atlantic World. As free people of color worked to improve their individual circumstances, staking claims to rights, privileges, and distinctions not typically afforded to those of African descent, they engaged with white elites and state authorities in ways that challenged prevailing racial attitudes. While whites across the Americas shared common doubts about the ability of African-descended people to survive in freedom or contribute meaningfully to society, free black people in Cartagena, Charleston, and beyond conducted themselves in ways that exposed cracks in the foundations of American racial hierarchies. Their actions represented early contributions to the long fight for recognition, civil rights, and racial justice that continues today. Adam McNeil is a third year Ph.D. in History student at Rutgers, the State University of New Jersey. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Americans have long viewed marriage between a white man and a white woman as a sacred union. But marriages between African Americans have seldom been treated with the same reverence. This discriminatory legacy traces back to centuries of slavery, when the overwhelming majority of black married couples were bound in servitude as well as wedlock. Though their unions were not legally recognized, slaves commonly married, fully aware that their marital bonds would be sustained or nullified according to the whims of white masters. Bound In Wedlock: Slave and Free Black Marriage in the Nineteenth Century (Harvard UP, 2017) is the first comprehensive history of African American marriage in the nineteenth century. Uncovering the experiences of African American spouses in plantation records, legal and court documents, and pension files, Tera W. Hunter reveals the myriad ways couples adopted, adapted, revised, and rejected white Christian ideas of marriage. Setting their own standards for conjugal relationships, enslaved husbands and wives were creative and, of necessity, practical in starting and supporting families under conditions of uncertainty and cruelty. After emancipation, white racism continued to menace black marriages. Laws passed during Reconstruction, ostensibly to secure the civil rights of newly freed African American citizens, were often coercive and repressive. Informal antebellum traditions of marriage were criminalized, and the new legal regime became a convenient tool for plantation owners to discipline agricultural workers. Recognition of the right of African Americans to enter into wedlock on terms equal to whites would remain a struggle into the Jim Crow era, and its legacy would resonate well into the twentieth century. Tera W. Hunter is the Edwards Professor of American History and Professor of African-American Studies at Princeton University. A specialist in 19th and 20th century African American history, her research focuses on gender, race, labor, and Southern histories. Jerrad P. Pacatte is a Ph.D. candidate in the Department of History at Rutgers, The State University of New Jersey-New Brunswick studying eighteenth and nineteenth century African American women’s history, slavery and emancipation in colonial America and the Atlantic world, and the history of slavery and capitalism. Follow him on Twitter @Jerrad_Pacatte! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her book, The Politics of Police Reform: Society against the State in Post-Soviet Countries (Oxford University Press, 2018), Erica Marat provides an answer to a very important question: “What does it take to reform a post-Soviet police force?” Marat looks as specific case studies – in Ukraine, Georgia, Kyrgyzstan, Kazakhstan, and Tajikistan – in order to identify and analyze instances where public mobilization challenged the conduct of police offers and their use of violence. In her analysis, she considers the legacies of Soviet policing, but also identifies important factors that led to policing’s reform. The book is valuable reading for those following contemporary issues in Central Asia and the post-Soviet space, as well those interested broadly in the problems of police violence and the challenge of police reform. Nicholas Seay is a PhD Student at The Ohio State University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Lutheran Theology and Contract Law in Early Modern Germany (ca. 1520-1720) (Verlag Ferdinand Schoningh, 2019), Paolo Astorri shows how the Protestant Reformation influence European law. Martin Luther and his successors led European Christianity away from medieval ideas of penance and the careful accounting that went with it toward theology of grace. Human salvation was thence justified by faith alone, and holy scripture the supreme authority. For the law, this meant that love (charity) and not complicated rules would guide jurists. For the poor, debts were to be forgiven freely, while a rich debtor could now be charged interest by his creditor. In this conversation, Paolo Astorri discusses these changes and other legal – and also political and social – consequences of the Lutheran Reformation. He also speaks about the origins of western law and remarks about other changes in it over the last few centuries. He discusses other developments in the Catholic and Protestant confessions. Dr. Astorri is a Post-Doc at the Center of Privacy Studies at the University of Copenhagen and a member of the faculty at the Catholic University of Leuven, where he completed his doctorate in 2018. He studied law at the University of Macerata and canon law at the Pontifical Lateran University in Rome. Krzysztof Odyniec is a historian of Early Modern Europe, specializing in sixteenth-century diplomacy and travel. He has also written about Germany in the early 1500s. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Some of America’s most pressing civil rights issues—desegregation, equal educational and employment opportunities, housing discrimination, and free speech—have been closely intertwined with higher education institutions. Although it is commonly known that college students and other activists, as well as politicians, actively participated in the fight for and against civil rights in the middle decades of the twentieth century, historical accounts have not adequately focused on the roles that the nation’s college presidents played in the debates concerning racism. Based on archival research conducted at a range of colleges and universities across the United States, The Campus Color Line: College Presidents and the Struggle for Black Freedom (Princeton UP, 2020) sheds light on the important place of college presidents in the struggle for racial parity. Focusing on the period between 1948 and 1968, Eddie Cole shows how college presidents, during a time of violence and unrest, strategically, yet often silently, initiated and shaped racial policies and practices inside and outside of the educational sphere. With courage and hope, as well as malice and cruelty, college presidents positioned themselves—sometimes precariously—amid conflicting interests and demands. Black college presidents challenged racist policies as their students demonstrated in the streets against segregation, while presidents of major universities lobbied for urban renewal programs that displaced Black communities near campus. Some presidents amended campus speech practices to accommodate white supremacist speakers, even as other academic leaders developed the nation’s first affirmative action programs in higher education. The Campus Color Line examines how the legacy of academic leaders’ actions continues to influence the unfinished struggle for Black freedom and racial equity in education and beyond. Eddie Cole is Associate Professor of Higher Education and Organizational Change at UCLA. Matthew Johnson is Associate Professor of History at Texas Tech University and author of Undermining Racial Justice: How One University Embraced Inclusion and Inequality. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Camps: Vietnamese Refugees, Asylum Seekers and Repatriates (University of California Press, 2020) is an in-depth study of the fate of the nearly 800,000 Vietnamese refugees who left their country by boat, and sought refugee in Southeast Asia and the Pacific. The experiences of these populations and the subsequent policies remain relevant today; Who is a refugee? Who determines their status? And how does it change over time? Jana K. Lipman takes the reader to visit camps in Guam, Malaysia, the Phillipines and Hong Kong, drawing out the politics, policies and how these impacted refugees rights to remain, be resettled or repatriated. She draws out the tensions between the UN High Commissioner for Refugees and the US government, drawing into focus the direct impact this had on the day-to-day lives of those stuck in camps. Her research is the first major work to pay close attention to first-landing host sites, with particular emphasis on Vietnamese activism in the camps and as part of the diaspora. The work will unsettle conventionally accepted accounts of Southeast Asian migration to the US. It reveals how first asylum seeker sites caused UNHCR to reshape international refugee policy. It is a gripping read; historical and also somewhat anthropological, it raises concerns of humanitarianism, human rights and Asian American studies to confront the legal and moral dilemmas, and the obligations that continue to face the US and all host countries of refugees and asylum seekers. It causes the reader to recall the humanity of those seeking asylum, and question current government policies. Though the plight of the Vietnamese refugees is specific, the human need for certainty and safety are universal. This is essential reading in relation to any refugee policy, and human rights and humanitarianism more broadly. Jana K. Lipman is an Associate Professor of History at Tulane University. She is a scholar of U.S. foreign relations, U.S. immigration, and labor history. Her first book was Guantánamo: A Working-Class History between Empire and Revolution. 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

Francis Buckley, who is Foundation Professor at the Antonin Scalia Law School, George Mason University, has written a fast-moving and provocative new book about the opportunities and possibilities of a second American secession. The publication of this book couldn't be more timely, as the conclusion of an election cycle highlights both the diversity and the tribalisation of American voters. What holds the nation together? To what extent is the Constitution the source of the nation's historic and current difficulties? If small is beautiful, and smaller nations tend to be happier, why shouldn't a state like California secede and put its savings from national defence into a scheme for national health? Tune in to hear how Professor Buckley explores these and other ideas in his new book, American Secession: The Looming Threat of a National Break-Up (Encounter Books, 2020) Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of Survival and Resistance in evangelical America: Christian Reconstruction in the Pacific Northwest (Oxford UP, 2021). 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 promote peace in the streets? In his new book Bleeding Out: The Devastating Consequences of Urban Violence--and a Bold New Plan for Peace in the Streets (Basic Books, 2019), Thomas Abt explains. Abt teaches, studies, and writes about the use of evidence-informed approaches to reduce urban violence. Abt is a Senior Fellow with the Council on Criminal Justice in Washington, D.C. Prior to the Council, he served as a Senior Fellow at the Hard Kennedy and Law Schools. Before that, he held leadership positions in the New York Governor’s Office and the U.S. Department of Justice. Abt’s work has been featured in major media outlets, including the Atlantic, the Economist, Foreign Affairs, the New Yorker, the New York Times, the Wall Street Journal, CNN, MSNBC, PBS, and National Public Radio. This episode covers an array of topics, from the estimated $10 million cost to society per homicide; to strategies involving people, places, and things (related to behavior-based strategies) that can most effectively combat urban violence. 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

John Yoo, the Emanual S. Heller Professor of Law at the University of California Berkeley School of Law, has written what he terms a surprising defense of the actions of Donald Trump as president. In his new book Defender in Chief: Donald Trump’s Fight for Presidential Power (All Points Book, 2020), Yoo, who did not support Trump in 2016, argues that Trump has performed in a manner that the Constitution’s Framers would applaud. Trump has defended the constitutional functions of the Executive from congressional interference or encroachment, including in his use of the appointment power to the federal judiciary and his role as commander-in-chief of the military. He also defends President Trump’s actions regarding the statutory powers used to designate and fund a wall along the U.S. southern border, the administration’s efforts to reverse Obama’s immigration orders, popularly known as DACA and DAPA, and Trump’s exercising of the removal power for Executive branch officials. However, this work is more than a defense of Trump; it is a historical inquiry into the powers of the Executive as intended by the Founders and how that power has been used and threatened by other branches over the course of American history. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is “unborn human life” and what kind of court cases, not only in the US but abroad, illuminate the matter from the standpoint of the many fields in which the term is employed: law, bioethics, and philosophy among others? These questions are addressed by a distinguished group of scholars in the 2019 book, Unborn Human Life and Fundamental Rights: Leading Constitutional Cases Under Scrutiny (Peter Lang, 2019) In this fascinating collection of case studies from countries such as Argentina, Canada, Chile, Costa Rica, Italy, Poland and Spain as well as the United States we learn that abortion is not always the catalyst for landmark constitutional cases in many lands. So are such concerns as the moral questions raised by in vitro fertilization and the morning-after pill. Not only does the book provide a look into the workings and worldviews of various constitutional courts and legal systems in many countries, it also shows how activists on both sides of the issue of unborn human life (and there are those who take issue with the term itself) draw on or oppose rulings and/or proclamations over the past decades of such international legal bodies as the Inter-American Court of Human Rights, and the European Court on Human Rights to make their cases. Anyone interested in real-world, high-profile applications of international law generally and human rights laws specifically should read this book. Those interested in the many legal and philosophical arguments about when life begins and who is deemed worthy of the dignity of life and endowed with rights should read this book. Anyone interested in reproductive health law globally should, too. The book includes a powerful concluding essay by a giant of natural law thinking, John Finnis, that addresses the many moral and jurisprudential issues discussed by the contributors to this important book. In this interview, one of the editors of the book, William L. Saunders, will discuss how this panoply of judges and legislators wrestled with thorny issues that ranged from embryology and the latest in reproductive technology and the ethical and practical issues surrounding it (such as what is to be done with the surplus embryos now in a cruel limbo in labs the world over) to what Finnis refers to as “fundamental civility and humanity.” 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

As the 2020 presidential campaign begins to take shape, there is widespread distrust of the fairness and accuracy of American elections. In Election Meltdown: Dirty Tricks, Distrust, and the Threat to American Democracy (Yale UP, 2020), Richard L. Hasen uses riveting stories illustrating four factors increasing the mistrust. Voter suppression has escalated as a Republican tool aimed to depress turnout of likely Democratic voters, fueling suspicion. Pockets of incompetence in election administration, often in large cities controlled by Democrats, have created an opening to claims of unfairness. Old‑fashioned and new‑fangled dirty tricks, including foreign and domestic misinformation campaigns via social media, threaten electoral integrity. Inflammatory rhetoric about “stolen” elections supercharges distrust among hardcore partisans. Taking into account how each of these threats has manifested in recent years—most notably in the 2016 and 2018 elections—Hasen offers concrete steps that need to be taken to restore trust in American elections before the democratic process is completely undermined. This is an indispensable analysis, from the nation’s leading election-law expert, of the key threats to the 2020 American presidential election. Professor Hasen’s election law blog can be found here. Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her at [email protected] or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The tail end of the twentieth century was a good time for constitutional lawyers. Leapfrogging around the globe, they offered advice on how to amend, write or rewrite one state constitution after the next following the collapse of the Soviet Union and with it, the communist bloc. Largely overlooked in the flurry of constitution drafting in this period, officials in Myanmar worked away on a new constitution without any experts from abroad—or, for that matter, many of those at home. Soldiers watched over them, dictating terms for what became the 2008 Constitution of Myanmar: the document that lays the parameters for formal political contestation and representation there today. As the country gets set to go to the polls in November 2020, in this episode of New Books in Southeast Asian Studies, Melissa Crouch discusses her The Constitution of Myanmar: A Contextual Analysis (Hart, 2019; shortlisted for the book award of the Australian Legal Research Awards), and with it, the constitutional drafting process, its output, and its implications for politics in Myanmar now and in the foreseeable future Like this interview? If so you might also be interested in: Roman David & Ian Holliday, Liberalism and Democracy in Myanmar Benjamin Schonthal, Buddhism, Politics and the Limits of Law 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

In this episode, Siobhan talks with Charles L. Zelden about the new expanded edition of his book, Bush v. Gore: Exposing the Growing Crisis in American Democracy (University Press of Kansas, 2020). Zelden is a professor in the Department of History and Political Science at Nova Southeastern University's Halmos College of Arts and Sciences, where he teaches courses in history, government and legal studies. Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings, and, provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular. Siobhan M. M. Barco, J.D. explores legal history at Princeton University Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On July 1, 2020, China introduced a National Security Law into Hong Kong partly in an attempt to quell months of civil unrest, as a mechanism to safeguard China’s security. In this new book, China’s National Security: Endangering Hong Kong’s Rule of Law? (Hart, 2020), Cora Chan and Fiona de Londras bring together a host of internationally renowned authors who question whether a national security law will challenge Hong Kong’s rule of law, and the liberal ideals safeguarded in its legal system, which have become a mark of national identity and pride for many Hong Kongers. The book examines the question in three parts. Firstly, it considers whether national security poses a threat to Hong Kong’s rule of law, in particular, under the unique ‘One Country, Two Systems’ model. In the second part of the book, there is an examination of the sources of resilience in Hong Kong’s politico-legal culture, which may provide resistance to the erosion of the rule of law. In particular, authors examine administrative law, the judiciary, the legislature, and civil society. In the final section of the book, authors examine the limits and scope of national security legislation in Hong Kong, and consider how it should be interpreted in line with Hong Kong’s common law traditions. To understand the current political unrest in Hong Kong, this book is a must read. It is also essential for understanding China’s security concerns, and what this means for the rest of the world. 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

Who truly controls immigration law in the United States? Though common sense might suggest the U.S. Congress, legal scholars Adam B. Cox and Cristina M. Rodríguez argue that the president is in fact the immigration policymaker-in-chief. In this interview, we speak with co-author Rodríguez about their new book The President and Immigration Law (Oxford University Press, 2020), which shifts our attention away from court-based immigration regulation and toward the power dynamic between Congress and presidential administrations. The book details the historical construction of the “shadow immigration system” that has enabled the executive branch to fundamentally shape immigration policy through its discretionary enforcement of the law. Rodríguez walks us through the three constitutive elements of this system: a deportation legal regime, state capacity and bureaucracy, and a boom of unauthorized immigration in the latter half of the twentieth century. This interview also delves into the role of local and state police, different visions of immigration enforcement between the Obama and Trump administrations, and the potential for reform of the current immigration system. With the continued push and pull forces of global migration spurred by humanitarian crises and economic incentives, this work sheds new light on who holds the reins of power in this ongoing policy debate. Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why are we so concerned with belonging? In what ways does our belonging constitute our identity? Is belonging a universal concept or a culturally dependent value? How does belonging situate and motivate us? In these days of identity politics, these issues are more significant and more complex than ever. Joseph E. David grapples with these questions through a genealogical analysis of ideas and concepts of belonging. In his book Kinship, Law and Politics: An Anatomy of Belonging (Cambridge UP, 2020) examines crucial historical moments in which perceptions of belonging were formed, transformed, or dismantled. The cases presented here focus on the pivotal role played by belonging in kinship, law, and political order, stretching across cultural and religious contexts from eleventh-century Mediterranean religious legal debates to twentieth-century statist liberalism in Western societies. With thorough inquiry into diverse discourses of belonging, David pushes past the politics of belonging to acknowledge just how wide-ranging and fluid notions of belonging can be. Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at [email protected] or tweet @embracingwisdom. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Religious freedom debates set blood boiling. Just consider notable Supreme Court cases of recent years such as Masterpiece Cakeshop v. Colorado Civil Rights Commission or Little Sisters of the Poor v. Pennsylvania. How can we reach any agreement between those who adhere strictly to the demands of divine law and the individual conscience and those for whom human-derived law is paramount? Is there any legal and philosophical framework that can mediate when tensions erupt between the human right of religious liberty and laws in the secular realm? In her 2019 book, The Possibility of Religious Freedom: Early Natural Law and the Abrahamic Faiths (Cambridge UP), Karen Taliaferro argues that natural law can act as just such a mediating tool. Natural law thinking can both help protect religious freedom and enable societies across the globe to maintain social peace and to function on the basis of fairness to all. Taliaferro shows that natural law is not merely a somewhat arcane legal philosophy promulgated by a subset of mostly conservative Catholic scholars and philosophers. She argues that natural law offers those in many faith traditions and those of no faith whatever a workable, intellectually rich way to examine fundamental questions of law and fairness without relegating religion to ever-diminishing permissible venues. One of the signal contributions of the book is that Taliaferro shows us how non-Christian thinkers such as the Muslim scholar Ibn Rushd (also known as Averroes), the Jewish philosopher Maimonides, and Sophocles in his play Antigone (and Taliaferro’s original and provocative reading of that work alone is well worth the price of the book) employed natural law reasoning even if they did not use the term as such. For those who need to learn how societies around the world (and Taliaferro draws fascinatingly on her own experiences in the Middle East at times in the book) can balance the rights of religious people and the demands of other citizens for a strict, often ruthless secularism this book is the place to start. 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

Young women and men sought out each other’s company in the workshops, cabarets, and streets of Old Regime Lyon, and evidence of these relationships lingers in documents and material objects conserved in Lyon’s municipal and departmental archives. How did young workers spend time together? When would they initiate sexual relationships outside of marriage? What resources did they marshal to manage pregnancy and childbirth, and what kind of support might they expect from their neighbors, employers, and families? In paternity suits, young women provided direct answers to these questions, and left an incomparable archive testifying to their desires, hopes, loss, and often, grief resulting from “courtships gone awry.” Today I spoke with Julie Hardwick about her new book Sex in an Old Regime City: Young Workers and Intimacy in France, 1660-1789 (Oxford UP, 2020). Hardwick is the John E. Green Professor of History at the University of Texas at Austin. Hardwick’s previous books include Family Business: Litigation and the Political Economy of Everyday Life in Early Modern France (2009) and The Practice of Patriarchy: Gender and the Politics of Household Authority in Early Modern France (1998). Jennifer J. Davis is Co-Editor, Journal of Women’s History and Associate Professor, University of Oklahoma. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her book, Statelessness: A Modern History (Harvard University Press, 2020), Mira L. Siegelberg traces the history of the concept of statelessness in the years following the First and Second World Wars. At its core, this thoughtful monograph is an intellectual history of an idea that jurists in the United States and Europe struggled to agree upon after the fall of traditional imperial ways of structuring belonging. Siegelberg’s book examines how debates regarding statelessness redefined many of the core concepts that structured modern politics, such as sovereignty, citizenship, and the broad spectrum of terms in English, French, and German that described the state of not having a national affiliation. The book’s methodologically pluralist approach also brings many other aspects of the problem of statelessness into focus, such its implications on the global humanitarian crisis that followed these two conflicts, its resonance in particular ethnic communities, and the way it redefined many ideas about citizenship. This book will be of interest to scholars of the history of empire and law, international history, the history of migration, and a range of other topics in global history. Steven P. Rodriguez is a PhD candidate in history at Vanderbilt University. His research focuses on the history of Latin American student migration to the United States during the first half of the twentieth century. You can reach him at [email protected] and follow his twitter at @SPatrickRod. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Before the U.S. Constitution had even been signed, soldiers and new veterans protested. Dissent, the hallowed expression of disagreement and refusal to comply with the government's wishes, has a long history in the United States. Soldier dissenters, outraged by the country's wars or egregious violations in conduct, speak out and change U.S. politics, social welfare systems, and histories. I Ain’t Marching Anymore: Dissenters, Deserters & Objectors to America’s Wars (The New Press, 2020). carefully traces soldier dissent from the early days of the republic through the wars that followed, including the genocidal "Indian Wars," the Civil War, long battles against slavery and racism that continue today, both World Wars, Korea, Vietnam, the Cold War, and contemporary military imbroglios. Acclaimed journalist Chris Lombardi presents a soaring history valorizing the brave men and women who spoke up, spoke out, and talked back to national power. Inviting readers to understand the texture of dissent and its evolving and ongoing meaning, I Ain't Marching Anymore profiles conscientious objectors including Frederick Douglass's son Lewis, Evan Thomas, Howard Zinn, William Kunstler, and Chelsea Manning, adding human dimensions to debates about war and peace. Meticulously researched, rich in characters, and vivid in storytelling, I Ain't Marching Anymore celebrates the sweeping spirit of dissent in the American tradition and invigorates its meaning for new risk-taking dissenters. Chris Lombardi is a journalist and author who is interested in how ordinary people interact with the decisions of those in power. She has an M.S. in Journalism from Columbia University Graduate School of Journalism and an MFA in Literature and Creative Writing from City College of New York. Her work has appeared in The Nation, Guernica, The Philadelphia Inquirer, the ABA Journal, and at WHYY.org. Colin Mustful is the author of four historical novels about Minnesota’s settlement and Native history. He has an MA in history and an MFA in creative writing. He is the founder and editor of a small independent press called History Through Fiction. You can learn more about Colin and his work at colinmustful.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Hannah Walker’s new book, Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race (Oxford UP, 2020), brings together the political science and criminal justice disciplines in exploring how individuals are mobilized to engage in political participation by their connection to the criminal justice system in the United States. The fusion between these two academic disciplines, and the focus of their respective studies in this area, answers some questions that are often omitted or passed over by the individual disciplines given the kinds of questions posed by each discipline. Thus, the topics and issues explored in Mobilized by Injustice focuses on political mobilization, advocacy, and activism, often beyond the issue of voting, to tease out how individuals who have been incarcerated or their friends and relatives are involved in the political system. The American criminal justice system is often seen as imposing the “prison beyond the prison” in how formerly incarcerated individuals are constrained and limited in their lives after they leave prison, including limits on voting rights in many states, limits on access to federal policies, and the myriad other ways in which these citizens are essentially marginalized with our society. Walker’s research digs into these constraints and also the stigmatization that individuals experience because of incarceration. At the same time that she is trying to discern how these individuals respond within the political system itself, Walker is also trying to get at how communities are impacted by the criminal justice system, exploring the ways in which this system can be particularly corrosive in certain communities. The research explores political participation by a number of different and often intersecting groups, specifically the individuals who have been incarcerated or directly experienced the criminal justice system, and those who have proximate contact with that system, through their family member’s direct experience. Within these two umbrella groups, Walker also digs into distinctions across racial groups (white, black, Latinx) and across socio-economic categories (examining class distinctions in this context). Mobilized by Injustice finds interesting results in the multi-method research approach, discerning different kinds of political involvement that is not captured by questions about whether an individual does vote or can vote. Rather, the research highlights that those with proximal contact with the criminal justice system have lower barriers to political engagement, which may lead them more naturally into politics because these individuals find themselves working as advocates for their family member who is incarcerated. Those who have been incarcerated face a variety of higher barriers, both structural and psychological, and they often need more support to engage in politics, because of the “dignity deficit” they may suffer because of societal stigmatization. Mobilized by Injustice: Criminal Justice Contact, Political Participation, and Race will likely be of interest to those who study political science, criminal justice, sociology, public policy, social science methodology, and race and class. 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

Dignity is a fundamental aspect of our lives, yet one we rarely pause to consider; our understandings of dignity, on individual, collective and philosophical perspectives, shape how we think, act and relate to others. Human Dignity in the Judaeo-Christian Tradition: Catholic, Orthodox, Anglican and Protestant Perspectives (Bloomsbury Academic) offers an historical survey of how dignity has been understood and explores the concept in the Judaeo-Christian tradition. World-renowned contributors examine the roots of human dignity in classical Greece and Rome and the Scriptures, as well as in the work of theologians, such as St Thomas Aquinas and St John Paul II. Further chapters consider dignity within Renaissance art and sacred music. The volume shows that dignity is also a contemporary issue by analysing situations where the traditional understanding has been challenged by philosophical and policy developments. To this end, further essays look at the role of dignity in discussions about transhumanism, religious freedom, robotics and medicine. Grounded in the principal Christian traditions of Catholicism, Orthodoxy, Anglicanism, and Protestantism, this book offers an interdisciplinary and cross-period approach to a timely topic. It validates the notion of human dignity and offers an introduction to the field, while also challenging it. John Loughlin is a Fellow at Blackfriars Hall, University of Oxford, UK and Emeritus Fellow of St Edmund's College, University of Cambridge, UK. Dr. Yakir Englander is the National Director of Leadership programs at the Israeli-American Council. He also teaches at the AJR. He is a Fulbright scholar and was a visiting professor of Religion at Northwestern University, the Shalom Hartman Institute and Harvard Divinity School. His books are Sexuality and the Body in New Religious Zionist Discourse (English/Hebrew and The Male Body in Jewish Lithuanian Ultra-Orthodoxy (Hebrew). He can be reached at: [email protected] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For seventeen years, Chris Fenton served as the president of DMG Entertainment Motion Picture Group, a multi-billion-dollar global media company headquartered in Beijing. He has produced or supervised twenty-one films, grossing $2 billion in worldwide box-office. In his new book, Feeding the Dragon: Inside the Trillion Dollar Dilemma Facing Hollywood, the NBA, & American Business (Post Hill Press, 2020), Fenton shares not only his journey from waiting tables at the Olive Garden to producing some of the most recognizable Hollywood blockbuster movies. And, in the process, he discovers his diplomatic mission: connecting the US and China through commerce and culture: I felt a sense of mission that went far beyond box-office numbers. US-China relations were on the line. We all knew it. We had to make it work. But as an American, something bigger was at stake. We were pulling a rival country’s culture into our own. We were doing more than opening a market or making nice with China. We were bridging a cultural gap, making the world smaller, more stable, less contentious, and much safer. Failure would surely result in the opposite effect. Fenton conveys not only the regulatory obstacles that U.S. movies face when entering the Chinese market but also the cultural barriers. For the media to be successful in China, it needs to be relevant to Chinese audiences. But, while facing challenges in Asia, DMG also found trouble in the U.S. when the Securities and Exchange Commission launched an investigation of their dealings in China Like the blockbuster movies Fenton produces (and talks of a cinematic adaption of Feeding the Dragon are underway), this book has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights. Like the blockbuster movies Fenton produces (and talks of a cinematic adaption are underway), Feeding the Dragon has broad appeal. It is a gripping page-turner, a glimpse into the regulatory complexity of the Chinese entertainment market, and an introduction into what Fenton calls “film diplomacy.” Punctuated by succinct chapters, the book is an easy read, mixing a compelling story with rich insights. Nick Pozek is Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Discourse in wealthy Western countries about refugees tends to follow a familiar script. How many refugees is a country morally required to accept? What kinds of care and support are host countries required to provide? Who is responsible to maintaining the resulting infrastructure? What, ultimately, is to be done with refugees? Many of these questions assume that states are morally required to rescue refugees. Rarely does the discourse consider the role of wealthy Western countries in creating the conditions under which a refugee crisis emerges. More importantly, we often overlook the role of wealthy Western countries in designing the systems that refugees must navigate in order to access support and assistance; as it turns out, these systems are often complex, inefficient, unfair, and haphazard. In No Refuge: Ethics and the Global Refugee Crisis (Oxford UP, 2020), Serena Parekh argues that the refugee crisis needs to be understood as two crises: one crisis focused on the moral responsibilities of wealthy Western countries in hosting refugees, and another having to do with the obstacles and impediments that refugees confront in accessing assistance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Following the high-profile deaths of eighteen-year-old Michael Brown in Ferguson, Missouri, and twenty-five-year-old Freddie Gray in Baltimore, Maryland, both cities erupted in protest over the unjustified homicides of unarmed black males at the hands of police officers. These local tragedies—and the protests surrounding them—assumed national significance, igniting fierce debate about the fairness and efficacy of the American criminal justice system. Yet, outside the gaze of mainstream attention, how do local residents and protestors in Ferguson and Baltimore understand their own experiences with race, place, and policing? In Hands Up, Don’t Shoot: Why the Protests in Ferguson and Baltimore Matter, and How They Changed America (NYU Press), Jennifer Cobbina draws on in-depth interviews with nearly two hundred residents of Ferguson and Baltimore, conducted within two months of the deaths of Brown and Gray. She examines how protestors in both cities understood their experiences with the police, how those experiences influenced their perceptions of policing, what galvanized Black Lives Matter as a social movement, and how policing tactics during demonstrations influenced subsequent mobilization decisions among protesters. Ultimately, she humanizes people’s deep and abiding anger, underscoring how a movement emerged to denounce both racial biases by police and the broader economic and social system that has stacked the deck against young black civilians. Hands Up, Don’t Shoot is a remarkably current, on-the-ground assessment of the powerful, protestor-driven movement around race, justice, and policing in America. Jennifer E. Cobbina is Associate Professor in the School of Criminal Justice at Michigan State University. Dr. Christina Gessler’s background is in American women’s history, and literature. She specializes in the diaries written by rural women in the 19th century. In seeking the extraordinary in the ordinary, Gessler writes the histories of largely unknown women, poems about small relatable moments, and takes many, many photos in nature. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We tend to think of freedom as something that is best protected by carefully circumscribing the boundaries of legitimate state activity. But who came up with this understanding of freedom, and for what purposes? In a reappraisal of more than two thousand years of thinking about freedom in the West, Annelien de Dijn argues in her Freedom: An Unruly History (Harvard University Press) that we owe our view of freedom not to the liberty lovers of the Age of Revolution but to the enemies of democracy. The conception of freedom most prevalent today—that it depends on the limitation of state power—is a deliberate and dramatic rupture with long-established ways of thinking about liberty. For centuries people in the West identified freedom not with being left alone by the state but with the ability to exercise control over the way in which they were governed. They had what might best be described as a democratic conception of liberty. Understanding the long history of freedom underscores how recently it has come to be identified with limited government. It also reveals something crucial about the genealogy of current ways of thinking about freedom. Annelien de Dijn is a professor of political History at Utrecht University Yorgos Giannakopoulos is a historian of Modern Britain and Europe. He has recently guest edited the special issue “Britain, European Civilization and the idea of Liberty” for the History of European Ideas (2020) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kathryne M. Young, an Assistant Professor of Sociology at the University of Massachusetts, Amherst, has written a combination of a sociological study and self-help book about and for American law school students. In How to Be Sort of Happy in Law School (Stanford UP, 2018), Dr. Young surveyed over 1,100 then-current law students, 250 alumni, and conducted detailed interviews with law students about their experiences in law school and concerns about pedagogy, other students, law professors, and hopes and fears about school and their future careers. Young’s work reveals the diversity of types of people and personalities who attend law school and how remarkably similar their experiences are, ranging from the most selective schools to the least. She reveals the varieties of perspectives and coping mechanisms used by students to grapple with the challenges of legal education. Dr. Young also includes much of her own impressions from when she was a law student at Stanford. Her perspectives and the responses of her subjects allow the book to also serve as a kind of self-help book for law students and anyone contemplating law school. In this interview, she discusses her sources, the current state of legal education and law students, and her hopes for reforms in legal education. Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In June of 2019, a proposed amendment to Hong Kong’s Fugitive Offenders Ordinance, sparked widespread protests across the region. Protestors saw in the bill a threat to the judicial independence that Hong Kong has enjoyed since its return to China from the United Kingdom in 1997. The Special Administrative Region plunged into turmoil as disaffected youth combined the ideology the Arab Spring with their fluency in emerging digital tools to organize and mobilize a seemingly leaderless movement. The demonstrations which continue into 2020 have challenged the city’s government, universities, and communities and even test families and friendships. On the first anniversary of the beginning of this wave of anti-government protests, South China Morning Post released a new book Rebel City: Hong Kong's Year of Water and Fire (World Scientific, 2020) Rebel City presents some of the most comprehensive coverage of Hong Kong’s political unrest. Editors Zuraidah Ibrahim and Jeffie Lam masterfully weave together the perspectives gathered by the intrepid reporters of Hong Kong’s newspaper of record. The book is not only a carefully curated selection of contemporaneous news coverage, but it also offers thoughtful reflections and penetrating insight into a pivotal moment for Hong Kong. Nick Pozek is the Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University in the City of New York and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today's guest is Christopher Robertson, Associate Dean for Research and Innovation and Professor of Law at the University of Arizona. His background and research interests overlap several academic disciplines, including bioethics, health law, incentives, behavioral economics and more. His CV includes a PhD in philosophy and a law degree from Harvard. His newest book is Exposed: Why Our Health Insurance is Incomplete and What can be Done About (Harvard University Press, 2019). Colin Miller and Dr. Keith Mankin host the popular medical podcast, PeerSpectrum. Colin works in the medical device space and Keith is a retired pediatric orthopedic surgeon. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

I spoke with Prof. Christopher Marquis, Samuel C. Johnson Professor in Global Sustainable Enterprise and Professor of Management at Cornell University. His latest research book tells the story of an ambitious certification programme that aims to signal to customers and shareholders those small and large corporations that are responsible and caring with their workers, customers, with the planet and the local communities where they operate. Businesses have a big role to play in a capitalist society. They can tip the scales toward the benefit of the few, with toxic side effects for all, or they can guide us toward better, more equitable long-term solutions. In Better Business: How the B Corp Movement Is Remaking Capitalism (Yale UP, 2020), Marquis tells the story of the rise of a new corporate form—the B Corporation. Founded by a group of friends who met at Stanford, these companies undergo a rigorous certification process, overseen by the B Lab, and commit to putting social benefits, the rights of workers, community impact, and environmental stewardship on equal footing with financial shareholders. In our conversation Christopher mentioned the origin of the book and why he believes in the work done by B Lab. The book is divided into 11 chapter and is full of interesting practical examples. In the talk we also mentioned the notion of ‘benefit corporation’, in the US and elsewhere. I have asked the author why we should trust the founders of the B Movement and their certification programme. He answered with some examples and convincing arguments. We then focused on chapter 1, ‘Interdependencies not Externalities’, chapter 6, ‘Employees as the Heart of the Company’, chapter 10, ‘Big Isn’t Always Bad’, and eventually chapter 11, ‘Convincing Consumers to Care’. We concluded with his plans for the next book. Informed by over a decade of research and animated by interviews with the movement’s founders and leading figures, Marquis’s book explores the rapid growth of companies choosing to certify as B Corps, both in the United States and internationally, and explains why the future of B Corporations is vital for us all. Andrea Bernardi is Senior Lecturer in Employment and Organization Studies at Oxford Brookes University in the UK. He holds a doctorate in Organization Theory from the University of Milan, Bicocca. He has held teaching and research positions in Italy, China and the UK. Among his research interests are the use of history in management studies, the co-operative sector, and Chinese co-operatives. His latest project is looking at health care in China. He is the co-convener of the EAEPE’s permanent track on Co-operative economy and collective ownership. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta (Cambridge University Press) asks: What happens when a distant colonial power tries to tame an unfamiliar terrain in the world's largest tidal delta? This history of dramatic ecological changes in the Bengal Delta from 1760 to 1920 involves land, water and humans, tracing the stories and struggles that link them together. Pushing beyond narratives of environmental decline, Bhattacharyya argues that 'property-thinking', a governing tool critical in making land and water discrete categories of bureaucratic and legal management, was at the heart of colonial urbanization and the technologies behind the draining of Calcutta. The story of ecological change is narrated alongside emergent practices of land speculation and transformation in colonial law. Bhattacharyya demonstrates how this history continues to shape our built environments with devastating consequences, as shown in the Bay of Bengal's receding coastline. Debjani Bhattacharyya is Assistant Professor of History at Drexel University, Philadelphia. She was a Junior Fellow of the American Institute of India Studies, and a former Research Fellow at the International Institute of Asian Studies, Leiden. Currently, she is a visiting Fellow at the Shelby Cullom Davis Center for Historical Studies, Princeton University 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

The essays in Rights at the Margins: Historical, Legal and Philosophical Perspectives (Brill) explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity’ and ‘subjective rights’ back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans’ theory of poverty and colonization or today’s immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Jonathan Robinson, Ph.D. (2010) in Medieval Studies at the University of Toronto, Canada. He currently acts as a lawyer and is the author of William of Ockham’s Theory of Property Rights in Context (Brill, 2012). Virpi Mäkinen is Senior Lecturer in Theological and Social Ethics at the University of Helsinki, Finland. Pamela Slotte is Associate Professor of Minority Studies at the Åbo Akademi University, Finland. Heikki Haara is Senior Lecturer of Political History at the University of Helsinki. Alexandra Ortolja-Baird is Lecturer in Early Modern European History at King’s College London Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The title of Harvard historian Alexander Keyssar,’s new book poses the question that comes up every presidential election cycle: Why Do We Still Have the Electoral College? (Harvard University Press, 2020). Keyssar presents the reader with a deep, layered, and complex analysis not only of the institution of the Electoral College itself, drawing out how it came about at the Constitutional Convention in 1787, but of the many attempts over more than two centuries to reform it or get rid of it. This is an historical subject with keenly contemporary relevance, as we move into the final stretch of the 2020 election cycle, and we consider how the political landscape, party platforms, and the shape of the presidential race all look the way they do because of the Electoral College. Keyssar unpacks the discussions and debates at the Constitutional Convention about how to elect a president, and then dives into the immediate response to the Electoral College as it was implemented in the new system. In going through the history of the Electoral College itself, and the points of contention between the popular vote tallies and the Electoral College results, as well as the many, many attempts to reform or eliminate the Electoral College, Keyssar highlights the two points in American political history when we came closest to doing away with this means of electing the president. The Era of Good Feeling (1815-1825)—when there was really only one functioning party, and the party system itself was in flux as party competition shifted—saw a significant effort to revise the Electoral College and the contingent election system that had been used when no candidate received a majority of the votes and the House of Representatives must designate a winner. Keyssar also maps out the efforts in the 1960s and early 1970s to pass an amendment to the Constitution to replace the Electoral College with direct popular vote. This legislation was filibustered in the Senate by senior Southern Democratic and Dixiecrat senators who saw the disproportional voice that the Electoral College gave to the Southern states—states where the Black vote had been significantly diminished because of regulations and threats that made it extraordinarily difficult and dangerous for African Americans to vote. Keyssar explains that this was known as the “5/5 rule”—in contrast to the 3/5th rule in the Constitution—whereas the southern states were able to count all Black citizens are part of their populations and preclude all of them from voting. Why Do We Still Have The Electoral College also traces the internal shifts within the states as they moved from their initial approach to the distribution of electoral college votes to the establishment of the “unit rule” or “general ticket” that allocates all of a state’s electoral college votes to the winner in that particular state. Not only have there been attempts to amend the Constitution to get rid of the Electoral College, but there is a long history of the efforts to reform or eliminate the general ticket/unit rule. Keyssar brings the reader forward to the contemporary period through a number of different threads as he outlines multiple dimensions of reform attempts and their failure, all while providing the reader with a deep history of debate about the structure and function of the Electoral College. This unique aspect of the American constitutional system also reflects the continuing impact of the role of race in American politics and political institutions. For those interested, curious, or confused, this book is truly a tour de force on the Electoral College. 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

The updated paperback edition of Hate: Why We Should Resist it With Free Speech, Not Censorship (Oxford University Press) dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism. New York Law School professor Nadine Strossen, the immediate past President of the American Civil Liberties Union (1991-2008), is a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions. Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her via email or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her latest book, The Hidden Face of Rights: Toward a Politics of Responsibilities (Yale University Press), Kathryn Sikkink puts forward a framework of rights and responsibilities; moving beyond the language of rights that has come to dominate scholarship and activism, she makes the case that human rights cannot be truly implemented unless we also recognise that there are corresponding obligations to implement those rights. Recognising that talk of responsibility, obligation and duty are often unpopular - because people do not like to be told what they ‘should’ do - Sikkink advocates that we rethink how we conceive of responsibility – it should not be limited to backward-looking blame attribution, but should be expanded to become one of forward-looking responsibility; instead of just asking who is to blame, responsibility should be expanded to ‘what together can we do?’ In making this argument, she focuses on five key areas – climate change, voting, digital privacy, freedom of speech, and sexual assault - to demonstrate how responsibility is engaged. She provides many examples of grass-roots initiatives where people can choose to adopt the rights and responsibilities model for collective action. There are fewer more pertinent concerns for our times. Sikkink’s book will make you rethink your own responsibilities, and as a citizen of the world, ‘what together we can do’. Kathryn Sikkink is the Ryan Family Professor of Human Rights Policy at the Harvard Kennedy School of Government. 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

Colorizing Restorative Justice: Voicing Our Realities (Living Justice Press, 2020) consists of stories that have arisen from the lived experiences of a broad range of seasoned, loving restorative justice practitioners of color—mostly women—who have fiercely unearthed realities about devastation caused by white practitioners who have unthinkingly worked without a racial or social justice consciousness. This book is thus a wake-up call for European-descended restorative justice practitioners as it is validating for Indigenous practitioners and practitioners of color and enlightening for anyone wishing to explore the intersections of indigeneity, racial justice, and restorative justice. The authors of Colorizing Restorative Justice: Voicing Our Realities are Desirée Anderson, Rochelle Arms Almengor, Michelle Armster, Belinda Dulin, Leon Dundas, Sharon Goens-Bradley, Janice Jerome, Gaye Lang, Erica Littlewolf, Shameeka Mattis, Abdul-Malik Muhammad, Christianne Paras, Christina Parker, Gilbert Salazar, Victor Jose Santana, Barbara Sherrod, Johonna Turner, Edward C Valandra, Waŋbli Wapȟáha Hokšíla, Anita Wadhwa, Sheryl R. Wilson, and Robert G. Yazzie. Dr. Edward C Valandra, Waŋbli Wapȟáha Hokšíla is Sičáŋǧu Thitȟuŋwaŋ and was born and raised on the Rosebud Sioux Reservation. He has served his Sičáŋǧu Thitȟuŋwaŋ Oyáte nation on the Rosebud Sioux Tribal Council, as an Inter-Tribal Bison Cooperative (ITBC) Board of Directors representative, and as his nation’s seven-member Constitutional Task Force. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford University Press) traces the origins of the idea, its development, and its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflicts, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court records, and lesser-known published works. It explains why the idea of the halakhic state emerged when it did, what happened after it initially failed to take hold, and how it has regained popularity in recent decades, provoking cultural conflict that has severely shaken Israeli society. The book's historical analysis gives rise to two wide-reaching insights. First, it argues that religious politics in Israel can be understood only within the context of the largely secular history of European nationalism and not, as is commonly argued, as an anomalous exception to it. It shows how even religious Jews most opposed to modern political thought nevertheless absorbed the fundamental assumptions of modern European political thought and reread their own religious traditions onto that model. Second, it demonstrates that religious-secular tensions are built into the intellectual foundations of Israel rather than being the outcome of major events like the 1967 War. These insights have significant ramifications for the understanding of the modern state. In particular, the account of the blurring of the categories of "secular" and "religious" illustrated in the book are relevant to all studies of modern history and to scholars of the intersection of religion and human rights. Alexander Kaye, Karl, Harry, and Helen Stoll Chair of Israel Studies; Assistant Professor, Department of Near East and Judaic Studies, Brandeis University. Renee Garfinkel, Ph.D. is a Jerusalem-based psychologist, Middle East television commentator, and host of the Van Leer Jerusalem Series on Ideas with Renee Garfinkel https://newbooksnetwork.com/category/van-leer-institute/ Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her new book In the Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico (University of California Press), Gema Kloppe-Santamaría examines the history of violence enacted by groups against alleged transgressors who claimed to bring justice while acting beyond the rule of law. Focusing on the 1930s to 1950s, this book explores the roots of a phenomenon often mistakenly assumed to be a result of neoliberalism in Mexico and elsewhere in Latin America. Kloppe-Santamaría finds that extralegal violence was not a response to the absence of the state nor to increased crime levels, nor is it connected to traditional practices. Instead, lynching is a complex, political act that commonly occurred in urban and rural communities in Mexico. In these locales, the state was not absent, but some citizens rejected its forms of justice and deplored modernization programs that sought to remake their everyday practices. But state officials could condone or even participate in lynchings. Communities also used extralegal justice to correct perceived crimes against the Church and Catholic values, or to target threatening individuals who could be accused of witchcraft or other mythical offenses. The Mexican press avidly covered lynchings as spectacles, but the press did not always decry lynching and often suggested it was a necessary, moral act in the absence of speedy, fair legal justice from the state. This book is in dialogue with scholarship on lynching in the United States and illustrates the relevance of the Mexican case for scholars of extralegal violence in other places. Gema Kloppe-Santamaría is Assistant Professor of Latin American History at Loyola University Chicago. Rachel Grace Newman is Lecturer in the History of the Global South at Smith College. She has a Ph.D. in History from Columbia University. Her book manuscript in progress is titled Study Abroad, Transnational Youth, and the Politics of Modernization in Mexico. She is also the author of a book on a binational education program for Mexican migrant children. She is on Twitter (@rachelgnew). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, in Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso), Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society. In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects. Jessica Whyte is Scientia Associate Professor of Philosophy at the University of New South Wales. She has published widely on human rights, humanitarianism, sovereignty and war. She is author of Catastrophe and Redemption: The Political Thought of Giorgio Agamben, (SUNY 2013) and The Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso, 2019) and an editor of Humanity: An International Journal of Human Rights, Humanitarianism and Development. More of her research is available here: https://unsw.academia.edu/JessicaWhyte Dr Alexandra Ortolja-Baird is a visiting researcher at the British Museum and teaches Digital Humanities at University College London. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s―covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The UK’s transition from legally withdrawing from the EU to leaving the union’s single market will come to an end at midnight on December 31 with no successor trade agreement yet in place. For the UK’s financial sector, which accounts for 7% of the country’s economy and a million of its jobs, whether there is such an agreement and what shape it takes really matters. In Brexit and Financial Regulation (Oxford University Press, 2020), co-editors Jonathan Herbst and Simon Lovegrove have corralled 26 lawyers from 12 leading firms and chambers to explain why. Between them, they cover the history of the withdrawal process, the likely impact of Brexit on regulations of everything from how bankers are rewarded for success to how insolvent banks are wound up, and what could happen next in the negotiations. Jonathan Herbst is Global Head of Financial Services Regulation at law firm Norton Rose Fulbright. 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

Rancor reigns in American politics. It is possible these days to regard politics as an arena that enriches and ennobles? Matthew D. Wright responds with a resounding yes in his 2019 book, A Vindication of Politics: On the Common Good and Human Flourishing (UP of Kansas, 2019). Wright takes issue with the instrumentalist view of politics and walks readers through key debates in the field of natural law and the ideas of titans in it, primarily John Finnis and Alasdair MacIntyre but discussing along the way some of their peers such as Robert P. George and Mark Murphy. In the section of the book on the relationship of government and the state to family matters, Wright takes on the notions of Amy Gutmann and Robin West, which allow for a level of interference in the family sphere greater than conservative thinkers could ever conceive of countenancing. Not only are living thinkers addressed but so are such figures as Aristotle, Edmund Burke and Abraham Lincoln. Wright shows us how to conduct ourselves on the basis of civic friendship, another major theme in his book. With Wright’s help, we learn what terms such as “the common good” and “human flourishing” mean in both everyday life and in the field of philosophy. He clarifies what terms such as “political culture,” “political association” and “political community” mean and enables us to grasp what it means to “think institutionally” and what the “moral imagination” is. Wright is hearteningly hopeful and shows that being part of a political community is easier than we think, is character building and is more vital than ever. His book is indeed a vindication of a part of human society, politics, that we cannot escape and which encompasses everything from the workings of the individual family to what love, justice and virtue look like through the lens of politics. 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

Sara Mayeux is the author of Free Justice: A History of the Public Defender in Twentieth-Century America, published by the University of North Carolina Press in 2020. Free Justice explores the rise, both in the idea and practice, of the public defender throughout the 20th Century. More than just a strict legal history of the profession, Dr. Mayeux’s work looks beyond the confines of the courtroom or law firm to explore how the public defender was representative of changing ideas of not just law, but American identity. Free Justice expands our knowledge of how and why public defenders became as ubiquitous as they are today. Dr. Mayeux is an Associate Professor of Law at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

States of Justice: The Politics of the International Criminal Court (Cambridge University Press, 2020) theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, the book contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states’ interests, and the global governance of atrocity crimes: first, the strategic use of self-referrals to the ICC; second, complementarity between the national and the international justice systems; third, the limits of state cooperation with international courts; and fourth, the use of international courts in domestic political conflicts. Oumar Ba is an assistant professor of political science at Morehouse College. The draft manuscript on which his book was based was the 2019 International Studies Association (ISA) Northeast Scholars’ Circle honoree. In 2020, Opinio Juris hosted a symposium on States of Justice, and Africa is a Country hosted a discussion on race and international relations with Oumar Ba and Samar al-Bulushi. Madina Thiam is a PhD candidate in history at UCLA. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law