New Books in Law

Shortly after Donald J. Trump was sworn in as the 47th American president, he issued 37 executive orders and, subsequently, the Trump administration has – through formal processes and also through extra-governmental extraordinary practices – triggered what many are calling a governmental and/or constitutional crisis. Dr. Christina Pagel has published two important Substack articles in which she groups the activities of the Trump administration into authoritarian and proto-authoritarian actions – and maps the opposition. Her unbelievable Venn diagram reveals which actions are being met with organized resistance – and which are being left unchallenged. She is a data hound – and her data not only clarifies what is happening in the United States but provides tools for those who wish to effectively oppose it in the U.S. and abroad. Dr. Christina Pagel is Professor of Operational Research in Health Care, University College London. Operational Research is a pragmatic branch of mathematics to help people solve real-life problems. She is a member of Independent SAGE providing accessible updates on the national and international Covid-19 situation since May 2020. She has published in public-facing venues such as The Conversation and her free Substack, Diving into Data & Decision making. You can follow her on social media. Mentioned in the podcast: Christina’s 2/13/25 Substack, "So this is how liberty dies… " Making sense of Trump's first three weeks (categorizing 76 Trump administration actions and demonstrating how they align with authoritarianism). Christina’s 2/17/25 Substack, How to fight back: charting opposition to the actions of the Trump administration (showing how Blue states, labor organizations, and civil rights groups are doing the most – and what can be learned from them). The Just Security’s Litigation Tracker based at the Reiss Center on Law and Security at New York University School of Law. Vox’s 2/12/25 Unexplainable podcast, “Is Science in Danger?” (20 minutes) Noam Hassenfeld interviewing Derek Dowe (chemist/science writer) Transcript or podcast. Susan’s interview with Corey Brettschneider on his new Norton book The Presidents and the People: Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Elsa Stamatopoulou’s Indigenous Peoples in the International Arena: The Global Movement for Self-Determination (Routledge 2025) provides a definitive account of the creation and rise of the international Indigenous Peoples’ movement. In the late 1970s, motivated by their dire situation and local struggles, and inspired by worldwide movements for social justice and decolonization, including the American civil rights movement, Indigenous Peoples around the world got together and began to organize at the international level. Although each defined itself by its relation to a unique land, culture, and often language, Indigenous Peoples from around the world made an extraordinary leap, using a common conceptual vocabulary and addressing international bodies that until then had barely recognized their existence. At the intersection of politics, law, and culture, this book documents the visionary emergence of the international Indigenous movement, detailing its challenges and achievements, including the historic recognition of Indigenous rights through the adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. The winning by Indigenous Peoples of an unprecedented kind and degree of international participation – especially at the United Nations, an institution centered on states – meant overcoming enormous institutional and political resistance. The book shows how this participation became an increasingly assertive self-expression and even an exercise of self-determination by which Indigenous Peoples could both benefit from and contribute to the international community overall – now, crucially, by sharing their knowledge about climate change, their approaches to development and well-being, and their struggles against the impact of extractive industries on their lands and resources. Written by the former Chief of the Secretariat of the United Nations Permanent Forum on Indigenous Issues, this book will be of interest to researchers, teachers, students, advocates, practitioners, and others with interests in Indigenous legal and political issues. Elsa Stamatopoulou is Director of the Indigenous Peoples’ Rights Program and Adjunct Professor in the Institute for the Study of Human Rights, the Department of Anthropology, and the Center for the Study of Ethnicity and Race at Columbia University, USA. Elsa is also Former (the first) Chief of the Secretariat of the UN Permanent Forum on Indigenous Issues (among other functions at the UN). Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. 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

As Americans increasingly depend upon their phones, computers, and internet resources, their actions are less private than they believe. Data is routinely sold and shared with companies who want to sell something, political actors who want to analyze behavior, and law enforcement who seek to monitor and limit actions. In The Private is Political: Identity and Democracy in the Age of Surveillance Capitalism (NYU Press, 2025), law professor Ray Brescia explores the failure of existing legal systems and institutions to protect people’s online presence and identities. Examining the ways in which the digital space is under threat from both governments and private actors, Brescia reveals how the rise of private surveillance prevents individuals from organizing with others who might help to catalyze change in their lives. Brescia argues that we are not far from a world where surveillance chills not just our speech, but our very identities. Surveillance, he suggests, will ultimately stifle our ability to live full lives, realize democracy, and shape the laws that affect our privacy itself. Brescia writes that “The search for identity and communion with others who share it has never been easier in all of human history. At the same time, our individual and collective identity is also under threat by a surveillance state like none that has ever existed before. This surveillance can be weaponized, not just for profit but also to promote political ends, and undermine efforts to achieve individual and collective self-determination” The book identifies the harms to individuals from privacy violations, provides an expansive definition of political privacy, and identifies the ‘integrity of identity’ as a central feature of democracy. The Private is Political lays out the features of Surveillance Capitalism and provides a roadmap for “muscular disclosure”: a comprehensive privacy regime to empower consumers to collectively safeguard privacy rights. Professor Ray Brescia is the Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of many scholarly works including Lawyer Nation: The Past, Present, and Future of the American Legal Profession (from NYU Press) and The Future of Change: How Technology Shapes Social Revolutions (from Cornell UP). He is also the author of public facing work, most recently “Elon Musk’s DOGE is executing a historically dangerous data breach” on MSNBC. He started his legal career at the Legal Aid Society of New York where he was a Skadden Fellow, and then served as the Associate Director at the Urban Justice Center, also in New York City, where he represented grassroots groups like tenant associations and low-wage worker groups. Ray’s blog is “The Future of Change” and you can find him on LinkedIn. Mentioned: Shoshana Zuboff on surveillance capitalism Supreme Court upholds TikTok ban, Amy Howe, SCOTUSBLOG Kevin Peter He on “data voodoo dolls” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

'The king can do no wrong' remains one of the most fundamental yet misunderstood tenets of the common law tradition. Confusion over the phrase's historical origins and differing meanings has had serious consequences, making it easier for the state to escape liability for the harm caused to individuals by governmental officials or institutions. In The King Can Do No Wrong: Constitutional Fundamentals, Common Law History, and Crown Liability (Oxford University Press, 2024), the first dedicated monograph on the topic, Dr. Marie-France Fortin traces the historical evolution of 'the king can do no wrong' in constitutional and public law to shed new light on our current understanding of crown liability. The different meanings conveyed by the phrase in the common law world are clarified; the contradictions between them revealed. Adopting a historical constitutional approach, the book delves deep into traditional legal sources to develop an intellectual history of this key legal idea. It explains the mutation from 'the king can do no wrong' to 'the crown can do no wrong' at the end of the nineteenth century, analyzing the resulting departure from core tenets of the constitutional arrangement of the seventeenth century. The study of the evolution of 'the king can do no wrong' in English legal thinking, mirrored in Canada, is complemented by a comparative analysis of the idea in Australia, Ireland, and the United States, where its relationship with the concept of sovereign immunity is scrutinized. Retracing the evolution of the king can do no wrong in legal thinking, this book enhances academics', students', practitioners', and judges' understanding of the law of governmental liability in the common law world. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When we think about "red tape" and the cost of regulation it's hard to overstate the impact of professional licensing. According to Professor Rebecca Haw Allensworth, it's bigger than unions and more expensive than sales taxes. Millions of American workers are required - by law - to obtain a license in order to work. This barrier of entry depends on requirements set by licensing boards staffed mainly by members of the profession they oversee. It limits the number of people who can serve and also confers on licensees a certain degree of prestige and trust. In The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong (Harvard UP, 2025), Allensworth goes deep into a complex web of conflicting priorities. Whether it's hair stylists or doctors, plumbers or lawyers, licensing board members are asked to simultaneously represent their personal practice, fellow professionals, and the public. They have to literally "wear three hats", which leads to well-intentioned, but deeply flawed and biased, decision making. Consumers depend on licensing boards to ensure that professionals maintain high quality and reliability standards by creating - and enforcing - licensing standards. In reality, their decisions can be maddeningly arbitrary, creating unnecessary barriers to hopeful practitioners while simultaneously failing to protect the public from bad actors who abuse the trust placed in them. Despite good intent, board members lack the resources and sometimes the will to investigate even serious disciplinary cases. The consequences include, but are not limited to, the failure of medical licensing boards to remove the abusive doctors who fueled the opioid crisis and a system that allows unethical predatory lawyers to continue to practice, often targeting clients who are unable to protect themselves. While in some areas licensing is deeply flawed, in others it is critical to a well-functioning society. Allensworth argues for abolition where appropriate and reform where it is most needed. See Professor Allensworth's faculty profile video Author recommended reading: - Demon Copperhead by Barbara Kingsolver - Drug Dealer, MD by Anna Lembke, MD Hosted by Meghan Cochran Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Immigration is now a polarizing issue across most advanced democracies. But too much that is written about immigration fails to appreciate the complex responses to the phenomenon. Too many observers assume imaginary consensus, avoid basic questions, or disregard the larger context for human migration. In Borders and Belonging: Toward a Fair Immigration Policy (Oxford University Press, 2025), Hiroshi Motomura offers a complex and fair-minded account of immigration, its root causes, and the varying responses to it. Taking stock of the issue's complexity, while giving credence to the opinions of immigration critics, he tackles a series of important questions that, when answered, will move us closer to a more realistic and sustainable immigration policy. Motomura begins by affirming a basic concept—national borders—and asks when they might be ethical borders, fostering fairness but also responding realistically to migration patterns and to the political forces that migration generates. In a nation with ethical borders, who should be let in or kept out? How should people forced to migrate be treated? Should newcomers be admitted temporarily or permanently? How should those with lawful immigration status be treated? What is the best role for enforcement in immigration policy? To what extent does the arrival of newcomers hurt long-time residents? What are the "root causes" of immigration and how can we address them? Realistic about the desire of most citizens for national borders, this book is an indispensable guide for moving toward ethical borders and better immigration policy. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This conversation includes James Boyle, Duke University; Jeffrey Herlihy-Mera, UPR-M; Héctor José Huyke, UPR-M, and Natalia Bustos, UPR-M. This is the first of two episodes about The Line: AI and the Future of Personhood. The second, in Spanish, will appear on the New Books Network en español. The series is sponsored by the Encuentros descoloniales focal group at Instituto Nuevos Horizontes at UPRM, a group of scholars who consider how decolonial approaches ​​can provide nuance in scientific knowledge. This episode and the Instituto Nuevos Horizontes at the UPRM have been supported by the Mellon Foundation. The conversation is part of the “STEM to STEAM” project of the “Cornerstone” initiative, sponsored by the Teagle Foundation, which stresses the importance of integrating humanistic perspectives in the sciences. The Line: AI and the Future of Personhood is available online for free through the MIT website per the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I’m speaking with Shimon Shetreet, Greenblatt Chair of Public and International Law at the Hebrew University and a former politician. We are discussing his recently published work, co-edited with Hiram Chodosh, titled Judicial Independence: Cornerstone of Democracy. Democracies around the world, from Israel and Mexico to Poland and Hungary, are grappling with challenges to judicial independence. Attacks on judicial independence often masquerade as attempts to strengthen democracy, despite the necessity of judicial independence to uphold constitutionality, hold no one above the law, and protect the most vulnerable people. This volume offers a truly comprehensive view of the global challenges facing judicial independence. Shimon Shetreet is an Israeli former politician who held several ministerial portfolios between 1992 and 1996. He is currently the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem. Caleb Zakarin is editor at 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

International Development Law: Rule of Law, Human Rights & Global Finance (Springer, 2020) describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. It provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the “right to development” within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author’s professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive. Rumu Sarkar is Adjunct Law Professor at Case Western Reserve University School of Law. Caleb Zakarin is editor at 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

How the US asylum process fails to protect against claims of gender-based violence. Through eyewitness accounts of closed-court proceedings and powerful testimony from women who have sought asylum in the United States because of severe assaults and death threats by intimate partners and/or gang members, Private Violence: Latin American Women and the Struggle for Asylum (NYU Press, 2024) examines how immigration laws and policies shape the lives of Latin American women who seek safety in the United States. Carol Cleaveland and Michele Waslin describe the women's histories prior to crossing the border, and the legal strategies they use to convince Immigration Judges that rape and other forms of "private violence" should merit asylum - despite laws built on Cold War era assumptions that persecution occurs in the public sphere by state actors. Private Violence provides much-needed recommendations for incorporating a gender-based lens in the asylum process. The authors demonstrate how policy changes across Presidential administrations have made it difficult for survivors of "private violence" to qualify for asylum. Private Violence paints a damning portrait of America's broken asylum system. This volume illustrates the difficulties experienced by Latin American women who rely on this broken system for protection in the United States. It also illuminates women's resilience and the determination of immigration attorneys to reshape asylum law. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What can early Jewish courtroom narratives tell us about the capacity and limits of human justice? By exploring how judges and the act of judging are depicted in these narratives, Trial Stories in Jewish Antiquity: Counternarratives of Justice (Oxford University Press, 2024), Chaya T. Halberstam challenges the prevailing notion, both then and now, of the ideal impartial judge. As a work of intellectual history, the book also contributes to contemporary debates about the role of legal decision-making in shaping a just society. Halberstam shows that instead of modelling a system in which lofty, inaccessible judges follow objective and rational rules, ancient Jewish trial narratives depict a legal practice dependent upon the individual judge's personal relationships, reactive emotions, and impulse to care. Drawing from affect theory and feminist legal thought, Halberstam offers original readings of some of the most famous trials in ancient Jewish writings alongside minor case stories in Josephus and rabbinic literature. She shows both the consistency of a counter-tradition that sees legal practice as contingent upon relationship and emotion, and the specific ways in which that perspective was manifest in changing times and contexts. Interviewee: Chaya T. Halberstam is Professor of Religious Studies at King's University College, University of Western Ontario. Host: Schneur Zalman Newfield is an Associate Professor of Sociology and Jewish Studies at Hunter College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas. With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt: Bankruptcy, International Law, and the Making of Latin America (Oxford University Press, 2024) by Dr. Edward Jones Corredera studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring role in the construction and codification of national constitutions, identities, and international legal norms in Latin America. This new history of the moral economy of the Hispanic World from the 1520s to the 1920s illuminates contemporary issues in international law and international relations. Latin American jurists developed a global critique of economics and international law that continues to generate pressing questions about debt, bankruptcy, reparations, and the pursuit of a moral global economy. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Politics of Annihilation: A Genealogy of Genocide (University of Minnesota Press, 2019),Benjamin Meiches takes a novel approach to the study of genocide by analyzing the ways in which ideas, concepts, and understandings about what genocide is and how it is to be prevented have become entrenched politically and intellectually. At the center of this analysis is what Meiches refers to throughout his text as the hegemonic understanding of genocide. Using what Michel Foucault describes as genealogy, Meiches set out to evaluate the process by which the concept of genocide has become intelligible. In doing so, Meiches offers significant evidence in support of many of the emerging critiques of the field of genocide studies. Meiches also inspires reflective and introspective thinking regarding the ways in which genocide scholarship contributes to the maintenance of a hegemonic understanding of genocide. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Judith Giesberg, an expert on the history of women and gender during the Civil War, is professor and director of graduate studies in the history department at Villanova University and Editor of The Journal of the Civil War Era. Two of her previous books include Civil War Sisterhood: The United States Sanitary Commission and Women’s Politics in Transition (2000), which is about the understudied roles of women in relief efforts during the war, and “Army at Home”: Women and the Civil War on the Northern Home Front (2009), which concerns the experiences of working class women in the north. She is also the principal editor of Emilie Davis’s Civil War: The Diaries of a Free Black Woman in Philadelphia (2014). Her latest book, and the subject of our discussion, is Sex and the Civil War: Soldiers, Pornography, and the Making of an American Morality (University of North Carolina Press, 2017). Giesberg argues that the Civil War is the turning point for the influential rise of postwar anti-pornography laws and a genesis for the related network of anti-vice campaigns, which included laws against contraceptives and abortion, newly entrenched legal regulations of marriage, and ever broader social purity initiatives around sexuality. We discuss how crucial, and yet understudied, questions of sex and desire are to the Civil War era and how silence around them has affected the ways we talk about and regulate social relations today. Much of our conversation focuses on how a small group of men created new regulations around pornography, the constitution of which was always up for debate, to hold onto the political and social power that they felt to be threatened by men of a lower class or of a different race. Prominent among this group of regulators, and a leading face of the postwar anti-vice campaigns, was Anthony Comstock. After serving in a largely inactive regiment during the war, and feeling left out of the camaraderie generated by the sharing of pornography among his fellow soldiers, Comstock fashioned for himself a largely illusory legal fraternity of moral crusaders. For pornography was hardly the main issue for those who associated themselves with his cause. Geisberg writes and talks about how other men in power negotiated the place of newly freed slaves by tightening the regulatory role that marriage played in their “free” lives. Doctors jumped at the opportunity to regulate abortion and contraception as a way to further professionalize themselves after postwar advances in medicine. Both of these groups became part of an omnibus of social reform that affects the country to this day. As you will hear over the course of our conversation, the importance of Giesberg’s account is in showing the connections between these issues and how they come together in the Civil War. Sexual abuse was at the center of social systems, including slavery. But the legal articulations of sexual crimes after the war created more easily regulated vices that distracted attention aw... Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Rhodes blood libel of 1840, an outbreak of anti-Jewish violence, was initiated by the island’s governor in collusion with Levantine merchants, who charged the local Jewish community with murdering a Christian boy for ritual purposes. An episode in the shared histories of Ottomans and Jews, it was forgotten by the former and, even if remembered, misunderstood by the latter. The 1840 Rhodes Blood Libel: Ottoman Jews at the Dawn of the Tanzimat Era (Berghahn Books, 2024) aims to restore the place of this event in Sephardi and Ottoman history. Based on newly discovered Ottoman and Jewish sources it argues that the acquittal of Rhodian Jews is adequately understood only in the context of the Tanzimat and the Sublime Porte’s foreign relations. Contrary to the common view that Ottoman Jews did not experience the impact of the Tanzimat reforms until the mid-1850s, this study shows that their effects were felt as early as 1840. Furthermore, this book offers a window onto life and intercommunal relations in the Eastern Mediterranean during the late Ottoman era. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nara Milanich’s Paternity: The Elusive Quest for the Father (Harvard University Press, 2019) explains how fatherhood, long believed to be impossible to know with certainty, became a biological “fact” that could be ascertained with scientific testing. Though the advent of DNA testing might seem to make paternity less elusive, Milanich’s book invites readers to think about paternity not as a biological fact but as a socially-constructed role that has evolved over time. Historically, given assumed paternal uncertainty, fathers were defined in terms of their behavior (acting like a father) or their relationship to a child’s mother (being married to a woman made a man the father of her offspring). In the twentieth century, paternity testing developed as a way to scientifically determine male progenitors, although these new methods never replaced older ways of reckoning paternity. Milanich describes blood tests and other early techniques proffered by doctors and scrutinized by courts as a way to know the “true” father. Paternity testing, she points out, has been used to different ends in different societies: it could identify an errant progenitor or reveal a mother’s liaison. A certain paternity test result could mean economic security for a child or put a person’s life in jeopardy. Moreover, Milanich reveals the uneven application of paternity testing that has tended to protect the most privileged groups in different societies. Paternity is a transatlantic study that moves from South America to Europe and the United States, and its chapters touch upon the histories of science and medicine, gender and the family, and immigration. The podcast features fascinating case studies set in Brazil and Argentina. This book’s reflections on the making of modern paternity speak to our own time, when, for example, the U.S. government is using DNA testing at the border to separate “real” kin from “fictitious” families, as Milanich explains to podcast listeners. The stakes of knowing the father go far beyond determining biological progenitors, and this book vividly reconstructs the political uses and cultural implications of the paternity test. Rachel Grace Newman is joining Smith College in July 2019 as Lecturer in the History of the Global South. She has a Ph.D. in History from Columbia University, and her dissertation was titled “Transnational Ambitions: Student Migrants and the Making of a National Future in Twentieth-Century Mexico.” She is also the author of a book on a binational program for migrant children whose families divided their time between Michoacán, Mexico and Watsonville, California. 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

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces? Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist. In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

For over a century Mexico has been embroiled in a drug war dictated by the demands of their neighbor to the north. In The Dope: The Real History of the Mexican Drug Trade (W. W. Norton, 2021), Benjamin T. Smith offers a history of the trade and its effects upon the people of Mexico. As he reveals, at the start of the 20th century drugs such as marijuana and opium were largely on the margins of Mexican society, used mainly by soldiers, prisoners, and immigrants. The association of marijuana with a bohemian subculture in the early 1920s prompted the first punitive laws against it, while the use of opium by Chinese immigrants led Mexican officials to target the drug as a means to arrest the country’s Chinese population. Yet the drug trade thrived thanks to the growing demand for marijuana and heroin in the United States. In response, American officials pressured their Mexican counterparts to end drug production and distribution in their country, even to the point of ending the effort to provide heroin in a regulated way for the country’s relatively small population of heroin addicts. Yet these efforts often foundered on the economic factors involved, with many government officials protecting the trade either for personal profit or for the financial benefits the trade provided to their states. This trade only grew in the postwar era, as the explosion of drug use in the 1960s and the crackdown on the European heroin trade made Mexico an increasingly important supplier of narcotics to the United States. The vast profits to be made from this changed the nature of the trade from small-scale family-managed operations to much more complex organizations that increasingly employed violence to ensure their share of it. As Smith details, the consequences of this have proven enormously detrimental both to the Mexican state and to the Mexican people. 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 of the Language on the Move Podcast, Brynn Quick speaks with Dr. Alexandra Grey about Dr. Grey’s book entitled Language Rights in a Changing China: A National Overview and Zhuang Case Study (De Gruyter, 2021). China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy. This book came out in May 2021 after almost a decade of Alex’s doctoral and postdoctoral work. Her doctoral dissertation was recognised as the best dissertation on the sociology of language, internationally, through the 2018 Joshua A. Fishman Award. For additional resources, show notes, and transcripts, go here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ways of Remembering: Law, Cinema and Collective Memory in the New India (Cambridge UP, 2024) tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom--postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and presents itself as the panacea for that very violence. About the Author: Oishik Sircar is a Senior Lecturer at the Melbourne Law School. He was previously the Professor of Law at Jindal Global Law School. His work maps the relationship between law, violence and aesthetics with a particular focus on contemporary India. Along with Ways of Remembering: Law, Cinema and Collective Violence in the New India (CUP 2024), he is the author of Violent Modernities: Cultural Lives of Law in the New India (OUP 2021) and the co-director of the award-winning documentary film We Are Foot Soldiers (PSBT 2010). Priyam Sinha recently graduated with a PhD from the National University of Singapore and has been awarded the Alexander Von Humboldt Postdoctoral Fellowship, starting 2025. She has interdisciplinary academic interests that lie at the intersection of film studies, critical new media industry studies, disability studies, affect studies, gender studies, and cultural studies. She can be reached at https://twitter.com/PriyamSinha Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows. Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing. Radha Kumar is Assistant Professor of History at the Maxwell School in Syracuse University. Dr. Kumar holds a PhD in History from Princeton University, where she specialized in Modern South Asian Studies. She has conducted archival research in a range of cities including Madurai, Tirunelveli, Bangalore, Chennai, Delhi, and London, and was supported by the History Department at Princeton University and by the Princeton Institute for International and Regional Studies. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A guide to the fascinating legal history of the videogame industry, written for nonlawyers. Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man? Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. These chapters are interspersed with shorter chapters called “The Lawyer’s Corner,” opportunities to dive deeper into individual cases. Lightly footnoted, these interludes connect the previous chapters together by providing a conceptual meta-analysis. Offering a comprehensive overview of the global legal history of videogames, The Game That Never Ends will leave readers with a nuanced, in-depth, and more global understanding of the videogame industry. Rudolf Thomas Inderst (*1978) enjoys video games since 1985. He received a master’s degree in political science, American cultural studies as well as contemporary and recent history from Ludwig-Maximilians-University, Munich and holds two PhDs in game studies (LMU & University of Passau). Currently, he's teaching as a professor for game design at the IU International University for Applied Science, has submitted his third dissertation at the University of Vechta, holds the position as lead editor at the online journal Titel kulturmagazin for the game section, hosts the German local radio show Replay Value and is editor of the weekly game research newsletter DiGRA D-A-CH Game Studies Watchlist. 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 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider. Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the region was fractured by factionalism and a struggle over scarce resources. The Basque Witch-Hunt: A Secret History (Bloomsbury, 2024) by Dr. Jan Machielsen reveals that de Lancre was no outsider; he was a local partisan, married into the Basque nobility. Living at the Franco-Spanish border, the Basques were victims of geography. Geo-politics caused a local conflict which made the witch-hunt inevitable. The same forces eventually sent thousands of religious refugees from Spain to France where they, in turn, became new objects of popular fear and anger. The Basque witch-hunt is justly infamous. This book shows that almost everything historians thought they knew about it is wrong. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them? Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes visible the hidden labour of justice, and how it lures, disciplines, and blames both victims and victims’ advocates. Drawing on critical theory, criminological analysis, and multi-sited ethnographic fieldwork in The Hague, Kenya, and Uganda, Victims and the Labour of Justice at the International Criminal Court illuminates how the drive to include victims as participants in international criminal justice proceedings also creates and disciplines them as blameworthy capitalist subjects. Yet, as victim workers learn to ‘stop crying’, ‘be peaceful’, ‘get married’, ‘work hard’, and ‘repay debt’, they also begin to challenge the terms of global justice. Dr. Leila Ullrich is an Associate Professor of Criminology at the University of Oxford's Faculty of Law. Her research lies at the intersection of international criminal justice, transitional justice, victimology, and border criminology. Her work focuses on how global justice institutions construct gendered and racialized subjects and how these groups engage with or resist these processes. Outside academia, Leila worked as social stability analyst on the Syrian refugee crisis at the United Nations Development Programme in Lebanon and she has also worked as an intern for the ICC. She has also worked for the German Bundestag and the BBC World Service. Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA). Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Islamic tradition has always been flexible, but male dominated scholarly consensus still dedicates this flexibility (or rather inflexibility from an Islamic feminist perspective). This book will be of interest to those who think on gender, Islam, Islamic feminism, Islamic law, and much more. Dr. Shehnaz Haqqani is an assistant professor at Mercer University and specialises in Islam, with a focus on gender and sexuality. She is a host of the podcast 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 theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject. Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill. Caleb Zakarin is editor at 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

The processes of secularization and desegregation were among the two most radical transformations of the American public school system in all its history. Many regard the 1962 and 1963 US Supreme Court rulings against school prayer and Bible-reading as the end of religion in public schools. Likewise, the 1954 Brown v. Board of Education case is seen as the dawn of school racial equality. Yet, these two major twentieth-century American educational movements are often perceived as having no bearing on one another. Without a Prayer: Religion and Race in New York City Public Schools (New York University Press, 2024) by Dr. Leslie Beth Ribovich redefines secularization and desegregation as intrinsically linked. Using New York City as a window into a national story, the volume argues that these rulings failed to successfully remove religion from public schools, because it was worked into the foundation of the public education structure, especially how public schools treated race and moral formation. Moreover, even public schools that were not legally segregated nonetheless remained racially segregated in part because public schools rooted moral lessons in an invented tradition—Judeo-Christianity—and in whiteness. The book illuminates how both secularization and desegregation took the form of inculcating students into white Christian norms as part of their project of shaping them into citizens. Schools and religious and civic constituents worked together to promote programs such as juvenile delinquency prevention, moral and spiritual values curricula, and racial integration advocacy. At the same time, religiously and racially diverse community members drew on, resisted, and reimagined public school morality. Drawing on research from a number of archival repositories, newspaper and legal databases, and visual and material culture, Without a Prayer shows how religion and racial discrimination were woven into the very fabric of public schools, continuing to inform public education’s everyday practices even after the Supreme Court rulings. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s book is: Witchcraft: A History in 13 Trials (Scribner, 2024), by Dr. Marion Gibson, which explores the global history of witch trials across Europe, Africa, and the Americas, told through thirteen distinct trials that illuminate a pattern of demonization and conspiratorial thinking that has profoundly shaped human history. Some of them are famous like the Salem witch trials, and some lesser-known, like the 1620s witch trial on Vardø island, Norway, where an indigenous Sami woman was accused of murder; the last witch trial in France in 1731, where a young woman was pitted against her confessor and cult leader; and a trial in Lesotho in 1948, where British colonial authorities executed local leaders. Exploring how witchcraft was feared, then decriminalized, and then reimagined as gendered persecution, Witchcraft takes on the intersections between gender and power, indigenous spirituality and colonial rule, political conspiracy and individual resistance. Offering a striking, dramatic journey unspooling over centuries and across continents, Witchcraft offers insights into some of the cruelest moments in history, reclaims voices that have been silenced, and asks us to seriously consider how we will create a future without further witch trials. Our guest is: Dr. Marion Gibson, who is Professor of Renaissance and Magical Literatures at the University of Exeter, UK. She is the author of numerous scholarly articles, and seven academic books on witches in history and literature. She is General Editor of the series Elements in Magic for Cambridge University Press. Witchcraft: A History in Thirteen Trials is her most recent book. Our host is: Dr. Christina Gessler, who works as a developmental editor for scholars, and is the producer of the Academic Life podcast. Listeners may enjoy this playlist: Fierce We Refuse You're Doing It Wrong Gender-Creative Parenting Reinventing Her Life The Turnaway Study Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us to learn from experts inside and outside the academy, and around the world. Missed any of the 225+ Academic Life episodes? Find them here. And thank you for listening! Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Mie Nakachi about Replacing the Dead: The Politics of Reproduction in the Postwar Soviet Union (Oxford UP, 2021) In 1920, the Soviet Union became the first country in the world to legalize abortion on demand. But in 1936, the Soviet leadership criminalized abortion: the collectivization of the early 1930s was followed by famine that took the lives of millions of people, and the government grew eager to recover the population. Drawing on an amazing wealth of archival material, Nakachi traces the dynamic of Soviet reproductive policies that were invariably guided by pronatalist goals but almost always had damaging consequences. The 1944 Family Law, aimed at making up for the enormous human losses of World War II (27 million people died, 20 million of them men), relieved men of parental responsibilities, legal or financial, thereby encouraging them to father children out of wedlock. Given the devastation of the war and inadequate levels of government support, many women sought to avoid such births. Their only recourse was abortion, which remained illegal and, as a result, often led to grave medical complications or even death—on top of being criminally punishable. Doctors were generally sympathetic to the women’s plight but they could not challenge the system. It was only in the mid-1950s that abortion was decriminalized, but until the end of the Soviet Union, modern contraception was barely available and abortion remained the primary method of birth control. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The balance of power between the United States Congress and the president is particularly contested when it comes to war powers. The U.S. Constitution gives Congress the power to declare war but Article II Section 2 declares that "[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States." Today, presidents broadly define their constitutional authority as commander in chief. But in the nineteenth century, Congress claimed and defended expansive war powers authority. How did Congress define the boundaries between presidential and congressional war powers in the early republic? Did the definition of “commander in chief” change, and if so, when, how, and why did it do so? Based on an original, comprehensive dataset of every congressional reference to the commander-in-chief clause from the ratification of the Constitution through 1917, Dr. Casey B.K. Dominguez analyzes the authority that members of Congress ascribed to the president as commander in chief and the boundaries they put around that authority. In Commander in Chief: Partisanship, Nationalism, and the Reconstruction of Congressional War Powers (University Press of Kansas, 2024) Dominguez shows that for more than a century members of Congress defined the commander in chief's authority narrowly, similar to that of any high-ranking military officer. But in a wave of nationalism during the Spanish-American War, members of Congress began to argue that Congress owed deference to the commander in chief – as a national representative of the military, nation, and flag rather than a military officer. These debates were partisan with members of Congress arguing for broader presidential war powers when the president was from their own party. Scholars often assume that it is the Supreme Court that interprets the Constitution but Dominguez’s work shows how all the branches interpret the constitution. She offers particularly keen insights on the use of constitutional stories or scripts about the commander in chief clause. While scholars have assumed that the expansion of presidential war powers happened in the middle of the 20th century, Dominguez’s research shows that the dynamical expansion began 50 years earlier. Her work helps readers understand when – and how – the United States shifted many military decisions to the president. Dr. Casey B. K. Dominguez is professor of Political Science and International Relations at the University of San Diego. Her research focuses on the relationships between political parties and interest groups, and on the evolution of Constitutional war powers in the United States. I’m delighted to welcome her to New Books in Political Science. Mentioned: Victoria A. Farrar-Myers’s book on constitutional scripts, Scripted for Change The Institutionalization of the American Presidency (Texas A&M Press, 2007) Emmerich de Vattel’s The Law of Nations (1758) Mariah Zeisberg’s War Powers: The Politics of Constitutional Authority (Princeton 2013) Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mexico is at the center of the global battle over abortion. In 2007, a watershed reform legalized the procedure in the national capital, making it one of just three places across Latin America where it was permitted at the time. Abortion care is now available on demand and free of cost through a pioneering program of the Mexico City Ministry of Health, which has served hundreds of thousands of women. At the same time, abortion laws have grown harsher in several states outside the capital as part of a coordinated national backlash. In Lawful Sins: Abortion Rights and Reproductive Governance in Mexico (Stanford University Press, 2022), Dr. Elyse Ona Singer argues that while pregnant women in Mexico today have options that were unavailable just over a decade ago, they are also subject to the expanded reach of the Mexican state and the Catholic Church over their bodies and reproductive lives. By analyzing the moral politics of clinical encounters in Mexico City's public abortion program, Lawful Sins offers a critical account of the relationship among reproductive rights, gendered citizenship, and public healthcare. With timely insights on global struggles for reproductive justice, Dr. Singer reorients prevailing perspectives that approach abortion rights as a hallmark of women's citizenship in liberal societies. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The trial of former SS lieutenant and Gestapo chief Klaus Barbie was France's first trial for crimes against humanity. Known as the "Butcher of Lyon" during the Nazi occupation of that city from 1942 to 1944, Barbie tortured, deported, and murdered thousands of Jews and Resistance fighters. Following a lengthy investigation and the overcoming of numerous legal and other obstacles, the trial began in 1987 and attracted global attention. Justice in Lyon: Klaus Barbie and France's First Trial for Crimes Against Humanity (U Toronto Press, 2022) is the first comprehensive history of the Barbie trial, including the investigation leading up to it, the legal background to the case, and the hurdles the prosecution had to clear in order to bring Barbie to justice. Richard J. Golsan examines the strategies used by the defence, the prosecution, and the lawyers who represented Barbie's many victims at the trial. The book draws from press coverage, articles, and books about Barbie and the trial published at the time, as well as recently released archival sources and the personal archives of lawyers at the trial. Making the case that, despite the views of its many critics, the Barbie trial was a success in legal, historical, and pedagogical terms, Justice in Lyon details how the trial has had a positive impact on French and international law governing crimes against humanity. 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 compelling and informative interview, Carrie N. Baker discusses her newest book, Abortion Pills: US History and Politics (Amherst College Press, 2024). This book is the first comprehensive history of abortion pills in the United States, and Baker examines the actions of scientists, policy-makers, pharmaceutical companies, pro-abortion rights activists and anti-abortion forces as the abortion pill was developed in France in 1980, and subsequently brought to market in the United States. She carefully investigates the fight for FDA approval of the abortion pill, and reproductive rights advocates’ work to expand access. She pays particular attention to the critical period of 2020-2024 when in the midst of the COVID-19 pandemic telemedicine abortion became a possibility. Baker ends exploring attempts to restrict abortion pills and self-managed abortions in the wake of the Dobbs v. Jackson Women's Health Organization Supreme Court decision. In this thoroughly researched history, Baker draws on interviews with over 80 activists, abortion providers, researchers, and people who have used abortion pills to demonstrate the range of actors involved in efforts to expand access to abortion pills. In addition, she analyzes medical research, government records, legal cases, and the archives of several reproductive health organizations. Abortion Pills: US History and Politics is available open-access starting December 3, 2024. Click the following link to see a PDF of the book Carrie N. Baker holds a B.A. in Philosophy from Yale University, a J.D. from Emory University School of Law, and an M.A. and Ph.D. from Emory’s Institute of Women’s, Gender, and Sexuality Studies. She is the Sylvia Dlugasch Bauman Chair of American Studies and Professor of the Study of Women, Gender and Sexuality Studies at Smith College where, as a legal and social movement scholar, she teaches courses on gender, law and public policy; feminist social movements; and feminist public writing. In addition to publishing peer-reviewed academic scholarship, Baker also serves as a regular writer and contributing editor for Ms. Magazine, has a monthly column in the Daily Hampshire Gazette, and hosts Feminist Futures, a radio program on WHMP 101.5 FM in Northampton, Massachusetts. Jessie Cohen holds a Ph.D. in History from Columbia University, and is an editor at 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

The redistribution of political and economic rights is inherently unequal in autocratic societies. Autocrats routinely divide their populations into included and excluded groups, creating particularistic citizenship through granting some groups access to rights and redistribution while restricting or denying access to others. This book asks: why would a government with powerful tools of exclusion expand access to socioeconomic citizenship rights? And when autocratic systems expand redistribution, whom do they choose to include? In Manipulating Authoritarian Citizenship: Security, Development, and Local Membership in China (Stanford UP, 2024), Samantha A. Vortherms examines the crucial case of China—where internal citizenship regimes control who can and cannot become a local citizen through the household registration system (hukou)—and uncovers how autocrats use such institutions to create particularistic membership in citizenship. Vortherms shows how local governments explicitly manipulate local citizenship membership not only to ensure political security and stability, but also, crucially, to advance economic development. Vortherms demonstrates how autocrats use differentiated citizenship to control degrees of access to rights and thus fulfill the authoritarian bargain and balance security and economic incentives. This book expands our understanding of individual-state relations in both autocratic contexts and across a variety of regime types. Samantha Vortherms is an assistant professor at University of California, Irvine's Department of Political Science. She is a faculty affiliate at UCI’s Long U.S.-China Institute; its Philosophy, Political Science, and Economics program; and is a Non-resident Scholar at UC San Diego’s 21st Century China Center. The primary focus of her research is on how processes of economic development affect institutional change and the relationship between the individual and the state. Her research has been published in journals such as The China Quarterly, World Development, Review of International Political Economy, Business and Politics, and Urban Studies. She received her Ph.D. in Political Science from the University of Wisconsin–Madison, her M.A. in International Relations at the University of Chicago, her A.M. in Public Policy from University of Chicago's Harris School of Public Policy, and her B.A. from the University of Richmond. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China’s Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master’s of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen’s other NBN interviews relating to China’s economy and social control include Seeking Truth and Hiding Facts, on governance and quantification, Outsourcing Repression, on the use of nonstate actors for coercion, How China Escaped Shock Therapy, on China’s marketization procession, Invisible China, on the urban-rural divide, and Welfare for Autocrats, on the strategic targeting of poverty assistance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

California has more unrecognized Native tribes than any other state - what led to this strange state of affairs, and what does this mean in practice? In Unrecognized in California: Federal Acknowledgment and the San Luis Rey Band of Mission Indians (U Washington Press, 2024), San Diego State associate professor Olivia Chilcote answers these questions through the history and experience of her own tribe. Despite the inherent tribal sovereignty of the San Luis Rey Band, and indeed, of all Native tribes and nations, the long and difficult past of colonialism in California - from the Spanish, to the Mexican, to the American empires - has provided an array of obstacles to the acquisition of land and tribal recognition for the San Luis Rey Band and others. This unrecognized status has kept them from accessing several programs and protections, including NAGPRA. Yet, despite these headwinds, the San Luis Rey Band and other unrecognized California tribes nonetheless practice sovereignty in other ways, and in doing so continue to fight toward future recognition. In this very personal history, Chilcote explains how the government-to-government relationship between the United States and tribal nations creates both challenges and opportunities for Native people in the twenty first century. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Political Scientists Dan Mallinson and Lee Hannah, both experts on state-level politics and the policy making process, have a new book that focuses on the state-level process of legalization of medical cannabis across the United States. Green Rush: The Rise of Medical Marijuana in the United States (NYU Press, 2024) is a book that needed to be written, since it is an important exploration not only of the continuing policy conflicts and tensions around marijuana in the United States, but it specifically focuses on how states have taken up this issue and what they each did in moving towards medical marijuana’s accessibility. The marijuana question in in the United States remains a fascinating federalism dynamic, with national laws in conflict with state laws, and state laws operating in different ways, around both medical marijuana and legalized recreational use of cannabis. Mallinson and Hannah provide the reader with an excellent overview of policymaking designs and theories since their analysis takes up so many different dimensions of the policy process in the United States. They then move into the history behind the criminalization of marijuana, and the way in which this policy has clearly racialized roots. Green Rush highlights the ways that some of the shifts and changes in state policies started to make their way through different states, via action by state legislatures and or through state-wide referenda. With particular attention to a number of states, like California, Pennsylvania, Ohio, and West Virginia, Mallinson and Hannah chart the ways that different states have gone about legalizing the medical use of marijuana, which has also been part of the pathway for other states to move towards decriminalization and legalization of adult use recreational marijuana. Green Rush is an accessible policy analysis and provides important insight into the path that medical marijuana took as it became legal in one state after another. Green Rush: The Rise of Medical Marijuana in the United States charts the policy changes themselves, but also pays attention to changing public opinion around cannabis and shifts in the war on drugs as well. (I found this book so useful that I have adopted it to use in my Public Policy class.) Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-host of the New Books in Political Science channel at the New Books Network. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012). She can be reached @gorenlj.bsky.social Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Kitty Calavita, Chancellor’s Professor Emerita of Criminology, Law and Society at the University of California, Irvine, discuss the historical context and implications of Operation Wetback, a 1954 U.S. mass deportation of Mexican immigrants, and its relevance to President-elect Donald Trump's proposed mass deportation plans. Calavita explains that Operation Wetback aimed to address the economic utility of undocumented workers and political backlash against them, particularly during a recession and Cold War rhetoric. She highlights the logistical challenges of such operations, including the integration of immigrants into various industries and the legal protections against random stops. Calavita suggests that while high-profile roundups may occur, a massive deportation campaign is unlikely due to economic and logistical obstacles. 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 22, 1847, a group of about forty refugees entered the Salt Lake Valley. Among them were three enslaved men, two of whom shared the religion, Mormonism, that had caused them to flee. The valley was also home to members of the Ute tribe, who would sometimes barter captive women and children to Spanish colonizers. Thus, the question of whether the Latter-day Saints would accept or reject slavery in their new Zion confronted them on the day they first arrived. Five years later, after Utah had become an American territory, its legislature was prodded to take up the question then roiling the nation: would they be slave or free? George D. Watt, the official reporter for the 1852 legislative session, reported debates and speeches in Pitman shorthand. They remained in their original format, virtually untouched, for more than one hundred and fifty years, until LaJean Purcell Carruth transcribed them. In this eye-opening volume This Abominable Slavery: Race, Religion, and the Battle over Human Bondage in Antebellum Utah (Oxford University Press, 2024), Carruth, Dr. Christopher Rich, and Dr. W. Paul Reeve draw extensively on these new sources to chronicle the session, during which the legislature passed two important statutes: one that legally transformed African American slaves into "servants" but did not pass the condition of servitude on to their children and another that authorized twenty-year indentures for enslaved Native Americans. This Abominable Slavery places these debates within the context of the nation's growing sectional divide and contextualizes the meaning of these laws in the lives of Black enslaved people and Native American indentured servants. In doing so, it sheds new light on race, religion, slavery, and unfree labor in the antebellum period. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anticolonial movements of the twentieth century generated audacious ideas of freedom. Following decolonization, the challenge was to give an institutional form to those ideas. Through an original account of India's constitution making, Legalizing the Revolution explores the promises, challenges, and contradictions of that task. In contrast to derived templates, Dasgupta theorizes the distinctively postcolonial constitution through an innovative synthesis of the history of decolonization and constitutional theory. Legalizing the Revolution: India and the Constitution of the Postcolony (Cambridge UP, 2024) traces the contentious transition from the tumult of popular anticolonial politics to the ordered calculus of postcolonial governance; and then explains how major institutions – parliament, judiciary, rights, property – were formed by that foundational tension. A major contribution to postcolonial political theory, the book excavates the unrealized futures of decolonization. At the same time, through a critical account of the making of the postcolonial constitutional order, it offers keys to understanding the present crisis of that order, including and especially in India. Sandipto Dasgupta is Assistant Professor of Politics at The New School for Social Research. For the 2024-25 academic year, he will be a member of the Institute for Advanced Study at Princeton University. His research is in the history of modern political and social thought, especially the political theory of empire, decolonization, and postcolonial presents. Vatsal Naresh is a Lecturer in Social Studies at Harvard University. His recent publications include co-edited volumes on Negotiating Democracy and Religious Pluralism (OUP 2021) and Constituent Assemblies (CUP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How can we protect diverse cultural expressions in an era of huge technological change? In Technology, Intellectual Property Law and Culture: The Tangification of Intangible Cultural Heritage (Routledge, 2024), Megan Rae Blakely, a lecturer in law at Lancaster University, examines the contemporary international legal context for heritage. The book uses three detailed case studies of Scotland, Ireland, and Wales, considering heritage in many different forms, from tourism and nation branding through to language and clothing. Rich in detail, but accessible for a those who are not specialists in law, technology, or heritage, the book is essential reading across the humanities and social sciences, as well as for anyone interested in how best to support and preserve the past. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Football is the national game in the United States – and many families and friends bond over their love of the sport. While few people play professional football, many participate in tackle football as children and adolescents. In the last decades, more attention has been paid to the dangers of playing tackle football, including traumatic brain injury and the degenerative brain disease, CTE (chronic traumatic encephalopathy). As more former players donated their brains, the rate of CTE surprised even those already concerned with traumatic brain injury. If the risks are so great, why do more than two million American children under the age of 18 continue to play tackle football? Is it the opportunity to contribute to a team? Overcome adversity? Test personal limits? In Tackle Football and Traumatic Brain Injuries: Law, Ethics, and Public Health (Johns Hopkins UP, 2024), Dr. Daniel S. Goldberg asks readers to think about American tackle football as an industry – like the American tobacco industry – that sells a product that is dangerous to those who use it. Despite the clearly documented costs to society and individuals who play, the tackle football industry has successfully manufactured doubt about the health hazards. Goldstein argues that a basic familiarity with the history of regulated industries and their intersection with public health is needed both to understand the contemporary debates and to move forward with fair and equitable policy solutions. If the risks to people who play were better known to the public, the profitability and perhaps even the viability of American football would be at risk. Goldberg draws on public health ethics, public health law, and the histories of occupational and public health to assess the limits of parental choice to expose their children to risks of injury. Goldberg recommends using public health laws to counter the manufacture of doubt – offering specific policy proposals to address the population health and ethical problems presented by tackle football. Daniel S. Goldstein, JD, PhD is an associate professor at the Center for Bioethics and Humanities at the University of Colorado Anschutz Medical Campus. He is the director of Education at the Center for Bioethics and Humanities and director of the Public Health Ethics and Law Program. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How does a Black man in Austin get sent to prison on a 70-year sentence for stealing a tuna sandwich, likely costing Texas taxpayers roughly a million dollars? In America, your liberty--or even your life--may be forfeit not simply because of what you do, but where you do it. If the same man had run off with a lobster roll from a lunch counter in Maine it's unlikely that he'd be spending the rest of his life behind bars. The U.S. incarcerates more people than any other industrial democracy in the world. We have more ex-prisoners than the entire population of Ireland, and more people with a felony record than the populations of Denmark, Norway, New Zealand and Liberia combined. Why did the United States become the world's biggest jailer? And, just as importantly, what has it done to us? What are the costs--socially, economically, and politically--of having the world's largest population of ex-prisoners? And what can we do about it? In The Jailer's Reckoning: How Mass Incarceration Is Damaging America (Rowman & Littlefield, 2024), Kevin B. Smith explains that the United States became the world's biggest jailer because politicians wanted to do something about a very real problem with violent crime. That effort was accelerated by a variety of partisan and socio-demographic trends that started to significantly reshape the political environment in the 1980s and 1990s. The force of those trends varied from state to state, but ultimately led to not just historically unprecedented levels of incarceration, but equally unprecedented numbers of ex-prisoners. Serving time behind bars is now a normalized social experience--it affects a majority of Americans directly or indirectly. There is a clear price, the jailer's reckoning, to be paid for this. As Smith shows, it is a society with declining levels of civic cohesion, reduced economic prospects, and less political engagement. Mass incarceration turns out to be something of a hidden bomb, a social explosion that inflicts enormous civic collateral damage on the entire country, and we must all do something about it. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the beginning of the twentieth century, two British inventors, Arthur Pollen and Harold Isherwood, became fascinated by a major military question: how to aim the big guns of battleships. These warships—of enormous geopolitical import before the advent of intercontinental missiles or drones—had to shoot in poor light and choppy seas at distant moving targets, conditions that impeded accurate gunfire. Seeing the need to account for a plethora of variables, Pollen and Isherwood built an integrated system for gathering data, calculating predictions, and transmitting the results to the gunners. At the heart of their invention was the most advanced analog computer of the day, a technological breakthrough that anticipated the famous Norden bombsight of World War II, the inertial guidance systems of nuclear missiles, and the networked “smart” systems that dominate combat today. Recognizing the value of Pollen and Isherwood’s invention, the British Royal Navy and the United States Navy pirated it, one after the other. When the inventors sued, both the British and US governments invoked secrecy, citing national security concerns. Drawing on a wealth of archival evidence, Analog Superpowers: How Twentieth-Century Technology Theft Built the National Security State (University of Chicago Press, 2024) by Dr. Katherine C. Epstein analyzes these and related legal battles over naval technology, exploring how national defense tested the two countries’ commitment to individual rights and the free market. Dr. Epstein deftly sets out Pollen’s and Isherwood’s pioneering achievements, the patent questions raised, the geopolitical rivalry between Britain and the United States, and the legal precedents each country developed to control military tools built by private contractors. Dr. Epstein’s account reveals that long before the US national security state sought to restrict information about atomic energy, it was already embroiled in another contest between innovation and secrecy. The America portrayed in this sweeping and accessible history isn’t yet a global hegemon but a rising superpower ready to acquire foreign technology by fair means or foul—much as it accuses China of doing today. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This is the final episode of Cited’s most recent season, Use & Abuse of Economic Expertise, a season that tells stories of the political and scholarly battles behind the economic ideas that shape our world. For a full list of credits, and for the rest of the episodes, visit the series page. They will back with a new season focussed on environmental politics in early 2025, so make sure you are subscribed to the podcast (Apple, Spotify, manual RSS). The MAGA movement scores big wins by taking cheap shots at experts. Now, some worry that Donald Trump could try to oust Federal Reserve Chairman Jerome Powell. The typical centrist position is to defend the supposedly impartial, apolitical expertise of such figures. Yet, we know that is not exactly right either. Is there a better way to imagine a better bank? In our first segment, we speak with Frances Coppala, author of The Case for People's Quantitative Easing. It’s something of a case study in Fed politics, revealing how their decisions post-Global Financial Crisis served the rich, and not working people. Yet, saying that these experts are political does not mean we have to be hyper-partisan reactionary hacks. Instead, democratizing the bank could offer a better way forward. That's according to Annelise Riles, a professor of law and of anthropology, and author of the book Financial Citizenship: Experts, Publics, and the Politics of Central Banking. Riles is also host the Foreign Policy podcast Everyday Ambassador, which its new second season out now. What would democratizing the Fed look like, and would that really counter the powerful financial interests that have so thoroughly captured the institution? Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An internet search of the phrase "this is what democracy looks like" returns thousands of images of people assembled in public for the purpose of collective action. But is group collaboration truly the defining feature of effective democracy? In Civic Solitude: Why Democracy Needs Distance (Oxford UP, 2024), Robert B. Talisse suggests that while group action is essential to democracy, action without reflection can present insidious challenges, as individuals' perspectives can be distorted by group dynamics. The culprit is a cognitive dynamic called belief polarization. As we interact with our political allies, we are exposed to forces that render us more radical in our beliefs and increasingly hostile to those who do not share them. What's more, the social environments we inhabit in our day-to-day lives are sorted along partisan lines. We are surrounded by triggers of political extremity and animosity. Thus, our ordinary activities encourage the attitude that democracy is possible only when everyone agrees--a profoundly antidemocratic stance. Drawing on extensive research about polarization and partisanship, Talisse argues that certain core democratic capacities can be cultivated only at a distance from the political fray. If we are to meet the responsibilities of democratic citizenship, we must occasionally step away from our allies and opponents alike. We can perform this self-work only in secluded settings where we can engage in civic reflection that is not prepackaged in the idiom of our political divides, allowing us to contemplate political circumstances that are not our own. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

An internet search of the phrase "this is what democracy looks like" returns thousands of images of people assembled in public for the purpose of collective action. But is group collaboration truly the defining feature of effective democracy? In Civic Solitude: Why Democracy Needs Distance (Oxford UP, 2024), Robert B. Talisse suggests that while group action is essential to democracy, action without reflection can present insidious challenges, as individuals' perspectives can be distorted by group dynamics. The culprit is a cognitive dynamic called belief polarization. As we interact with our political allies, we are exposed to forces that render us more radical in our beliefs and increasingly hostile to those who do not share them. What's more, the social environments we inhabit in our day-to-day lives are sorted along partisan lines. We are surrounded by triggers of political extremity and animosity. Thus, our ordinary activities encourage the attitude that democracy is possible only when everyone agrees--a profoundly antidemocratic stance. Drawing on extensive research about polarization and partisanship, Talisse argues that certain core democratic capacities can be cultivated only at a distance from the political fray. If we are to meet the responsibilities of democratic citizenship, we must occasionally step away from our allies and opponents alike. We can perform this self-work only in secluded settings where we can engage in civic reflection that is not prepackaged in the idiom of our political divides, allowing us to contemplate political circumstances that are not our own. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It’s the UConn Popcast, and in this episode of our series on artificial intelligence, we discuss Joanna Bryson’s essay “Robots Should be Slaves.” We dive headlong into this provocative argument about the rights of robots. As scholars of cultural and social understanding, we are fascinated by the arguments Bryson - a computer scientist - makes about who should, and should not, be rights-bearing members of a community. Does Bryson mean we should enslave robots now and always, regardless of their claims to rights? How does Bryson deal with the natural human tendency to anthropomorphize non-human things, and with the likelihood that as AI advances, robots will appear more human? If the robot as slave is an unacceptable idea - even in metaphorical form - then what other metaphors might help us think through our relationships with thinking machines? Music by aiva.ai Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What can dresses, bedlinens, waistcoats, pantaloons, shoes, and kerchiefs tell us about the legal status of the least powerful members of American society? In the hands of eminent historian Laura F. Edwards, these textiles tell a revealing story of ordinary people and how they made use of their material goods' economic and legal value in the period between the Revolution and the Civil War. Only the Clothes on Her Back: Clothing and the Hidden History of Power in the Nineteenth-Century United States (Oxford University Press, 2022) by Dr. Laura F. Edwards uncovers practices, commonly known then, but now long forgotten, which made textiles—clothing, cloth, bedding, and accessories, such as shoes and hats—a unique form of property that people without rights could own and exchange. The value of textiles depended on law, and it was law that turned these goods into a secure form of property for marginalized people, who not only used these textiles as currency, credit, and capital, but also as entree into the new republic's economy and governing institutions. Dr. Edwards grounds the laws relating to textiles in engaging stories from the lives of everyday Americans. Wives wove linen and kept the proceeds, enslaved people traded coats and shoes, and poor people invested in fabrics, which they carefully preserved in trunks. Dr. Edwards shows that these stories are about far more than cloth and clothing; they reshape our understanding of law and the economy in America. Based on painstaking archival research from fifteen states, Only the Clothes on Her Back reconstructs this hidden history of power, tracing it from the governing order of the early republic in which textiles' legal principles flourished to the textiles' legal downfall in the mid-nineteenth century when they were crowded out by the rising power of rights. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do states build vital institutions for market development? Too often, governments confront technical or political barriers to providing the rule of law, contract enforcement, and loan access. In From Click to Boom: The Political Economy of E-Commerce in China (Princeton, 2024) Lizhi Liu suggests a digital solution: governments strategically outsourcing tasks of institutional development and enforcement to digital platforms—a process she calls “institutional outsourcing.” China’s e-commerce boom showcases this digital path to development. In merely two decades, China built from scratch a two-trillion-dollar e-commerce market, with 800 million users, seventy million jobs, and nearly fifty percent of global online retail sales. Contrary to conventional wisdom, Liu argues, this market boom occurred because of weak government institutions, not despite them. Gaps in government institutions compelled e-commerce platforms to build powerful private institutions for contract enforcement, fraud detection, and dispute resolution. For a surprisingly long period, the authoritarian government acquiesced, endorsed, and even partnered with this private institutional building despite its disruptive nature. Drawing on a plethora of interviews, original surveys, proprietary data, and a field experiment, Liu shows that the resulting e-commerce boom had far-reaching effects on China. Institutional outsourcing nonetheless harbors its own challenges. With inadequate regulation, platforms may abuse market power, while excessive regulation stifles institutional innovation. China’s regulatory oscillations toward platforms—from laissez-faire to crackdown and back to support—underscore the struggle to strike the right balance. Lizhi Liu is assistant professor at the McDonough School of Business at Georgetown University, where she is also a faculty affiliate of the Department of Government. Her work has been published by American Economic Review: Insights, Studies in Comparative International Development, Minnesota Law Review, Oxford University Press, and Princeton University Press. She was also listed as a Poets&Quants Top 50 Undergraduate Business Professor of 2021. She holds degrees in Political Science (PhD), Statistics (MS), and International Policy Studies (MA) from Stanford University and in International Relations (LLB) from Renmin University of China. Interviewer Peter Lorentzen is an Associate Professor of Economics at the University of San Francisco, a nonresident scholar at the UCSD 21st Century China Center, an alumnus of the Public Intellectuals Program of the National Committee on US-China Relations, and is currently a visiting scholar at the Stanford Center on China’s Economy and Institutions. His research focuses on the economics of information, incentives, and institutions, primarily as applied to the development and governance of China. He created the unique Master’s of Science in Applied Economics at the University of San Francisco, which teaches the conceptual frameworks and practical data analytics skills needed to succeed in the digital economy. Lorentzen’s other NBN interviews relating to China’s tech sector include Trafficking Data, on how Chinese and American firms exploit user data, The Tao of Alibaba, on Alibaba’s business model and organizational culture, Surveillance State, on China’s digital surveillance, Prototype Nation, on the culture and politics of China’s innovation economy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law