New Books In Law

Before you left your house this morning, chances are that you used products and consumed goods that were produced by modern slavery. From the coffee you drink, to the clothes and shoes that you wear, to the phone that you use, modern slavery is a pervasive global problem that encroaches into the daily lives of all of us.  In Addressing Modern Slavery (UNSW Press, 2019), Professor Justine Nolan and Associate Professor Martijn Boersma provide a comprehensive and accessible account of the role of businesses, governments and consumers in the proliferation of modern slavery. They address both the gaps in protection of workers in the global supply chain, and what more can be done to protect the dignity and human rights who are denied the chance to earn a decent living. In today's conversation, we spoke about the emergence of corporate social conscience, the work that laws can do, the role that civil society can play, and a need for better enforcement mechanisms which will adequately address modern slavery. This is

In State of Silence: The Espionage Act and the Rise of America's Secrecy Regime (Basic Books, 2023), political historian Dr. Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to baulk at the act’s restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad. Shedding new light on the bloated governmental security apparatus that’s weighing our democracy down, State of Silence offers the definitive history of America’s turn toward secrecy—and its staggering human costs.  This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty

Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority. Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the

In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its afterma

Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws. Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa

Political Scientist Steven Rogers’ new book focuses on the deceptively complex question of how it is that voters do or don’t/can and can’t hold their elected state representatives accountable. Rogers takes his jumping off point from the basic understanding of the relationship between the voter and their elected representatives: namely that the election process will, in some way, act as a means of making the elected official in state government accountable to the voters, who cast their ballots for or in opposition to that elected representative. State house elected officials across the United States are, indeed, closer in proximity to the people they are elected to represent and govern; and the legislation and regulations passed by state legislators generally impact us more directly and more frequently than do national-level laws, regulations, or decisions. And while there is a of literature focusing on state and local politics, the unique approach of Rogers’ research focuses specifically on the state legislat

In his extensive body of work, Professor Abdullahi Ahmed An-Naim challenges both historical interpretations of Islamic Sharia and neo-colonial understanding of human rights. To advance the rationale of scholarship for social change, An-Naim proposes advancing the universality of human rights through internal discourse within Islamic and African societies and cross-cultural dialogue among human cultures. This book proposes a transformation from human rights organized around a state determined practice to one that is focused on a people-centric approach that empowers individuals to decide how human rights will be understood and integrated into their communities. Decolonizing Human Rights (Cambridge UP, 2021) aims to illustrate the decisive role of human agency on the subject of change, without implying that Islamic or any other society are exceptionally disposed to politically motivated violence and consequent profound political instability. Kirk Meighoo is Public Relations Officer for the United National Cong

There are numerous political debates about education policy today, but some of the most heated surround vouchers, charter schools, and other questions about public funding and oversight of private schools. Though many of these questions feel new, they, in fact, have a long history. Public vs. Private: The Early History of School Choice in America (Oxford University Press, 2018) examines that history, tracing early debates about school choice. Robert N. Gross, a history teacher and assistant academic dean at Sidwell Friends School in Washington, DC, explains how public schools developed with their promoters intending them to be a new monopoly in education. Then, in the late 19th century, Catholic immigrants sought to set up private schools, leading to an era of conflict and compromise between public and private school policy. Gross shows how and why regulation become an important tool for both sides in those conflicts. Further, the book shows how schools were thought of as a public utility and become a key par

Dr. Gary Shiffman’s book The Economics of Violence: How Behavioral Science Can Transform our View of Crime, Insurgency, and Terrorism (Cambridge UP, 2020) serves as a fantastic introduction to anyone interested in thinking critically about terrorist, insurgency, and criminal groups of all sorts. Using case studies from multiple continents, ideological contexts, and political situations, Dr. Shiffman shows how the language and tools familiar to economists can assist policy makers and security personnel to combat rival ‘firms,’ as he classifies them. Arguing strongly against essentialist labels and stories about why these groups act the way that they do, Dr. Shiffman offers us an approach to understanding ‘illicit’ groups that would be recognizable to leaders of many ‘legitimate’ organizations. Dr. Gary Shiffman is a Professor at Georgetown University, the CEO of two software companies, a former Naval Officer and Border Patrol leader, a former Fortune 200 executive, and an engaging writer. His is the author of

Scholars Stephen Engel and Timothy Lyle have a new book that dives into the thinking around power, political and cultural progress, and the LGBTQ+ communities in the United States. This book is fascinating and important in examining not only policy developments around rights and full citizenship for members of the LGBTQ+ communities, but also how these discussions and dialogues shape thinking about access to rights and dimensions of full citizenship. The overarching title of the book, Disrupting Dignity: Rethinking Power and Progress in LGBTQ Lives (NYU Press, 2021), gets to the heart of the rhetoric in the debate, specifically this concept of “dignity” and how dignity has become a particularly thorny component of defining out political, legal, and civil rights for the LGBTQ+ community.  Both Engel and Lyle note that they found the term dignity very clearly associated with the legal reasoning in judicial opinions around LGBTQ+ rights, that it was a celebrated status, and that while it was more commonly used i

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.  Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions.  In Justice for Animals (Simon & Schuster, 2023), one of the world’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flour

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. In Beyond Cages: Animal Law and Criminal Punishment (Cambridge UP, 2019), Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law. Mark Molloy is the reviews editor a

In Stories of Struggle: The Clash over Civil Rights in South Carolina (U South Carolina Press, 2020), longtime journalist Claudia Smith Brinson details the lynchings, beatings, bombings, cross burnings, death threats, arson, and venomous hatred that black South Carolinians endured―as well as the astonishing courage, devotion, dignity, and compassion of those who risked their lives for equality. Through extensive research and interviews with more than one hundred fifty civil rights activists, many of whom had never shared their stories with anyone, Brinson chronicles twenty pivotal years of petitioning, preaching, picketing, boycotting, marching, and holding sit-ins. Participants' use of nonviolent direct action altered the landscape of civil rights in South Carolina and reverberated throughout the South. These firsthand accounts include those of the unsung petitioners who risked their lives by supporting Summerton's Briggs v. Elliot, a lawsuit that led to the historic Brown v. Board of Education decision; the

The legacy of President Franklin D. Roosevelt enjoys regular acclaim from historians, politicians, and educators. Lauded for his New Deal policies, leadership as a wartime president, cozy fireside chats, and groundbreaking support of the "forgotten man," FDR, we have been told, is worthy of the same praise as men like Washington, Jefferson, and Lincoln.... But is that true? Does the father of today's welfare state really deserve such generous approbation? Or is there a dark side to this golden legacy? The New Deal's War on the Bill of Rights: The Untold Story of FDR's Concentration Camps, Censorship, and Mass Surveillance (Independent Institute, 2023) unveils a much different portrait than the standard orthodoxy found in today's historical studies. Deploying an abundance of primary source evidence and well-reasoned arguments, historian and distinguished professor emeritus David T. Beito masterfully presents a complete account of the real Franklin D. Roosevelt: a man who abused power, violated human rights, ta

Immigration has become one of the biggest issues in all western democracies. And the debate is so charged it's hard to know who to believe. Which is why Hein de Haas has written How Migration Really Works: The Facts About the Most Divisive Issue in Politics (Basic Books, 2023). Listen to him bust some myths with Owen Bennett-Jones. Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In her book From Rage to Reason: Why We Need Sex Crime Laws Based on Facts, Not Fear (Bloomsbury Academic, 2023), Emily Horowitz shows how current sex-offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable. Emily Horowitz is professor of sociology and criminal justice at St. Francis College in Brooklyn, NY. 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 Pres

What (and why) can and can't we say? What do empirical examples both at home and abroad tell us about how we should protect freedom of speech? How do we create an environment where speech is not only permitted but encouraged? Does freedom of speech bring people together or sow discord? Nadine Strossen, former president of the ACLU and Professor Emerita at New York Law School, brings her decades of expertise to bear explaining why freedom of speech is foundational to so many other fundamental rights. Nadine Strossen is Professor Emerita at New York Law School, and was national President of the American Civil Liberties Union from 1991-2008. She is a Senior Fellow with FIRE (the Foundation for Individual Rights and Expression) and a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions. She is the author of HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford UP, 2018) and Free Speech: What Everyo

Although the International Criminal Court (ICC) - as the only permanent international court that addresses crimes against humanity, genocide, and war crimes - has important potential to end impunity and find justice for victims of atrocities, it is dependent on others for almost all aspects of its functioning. The Court has frequently relied on the peacekeeping operations that the UN deploys in the field and, over the past two decades, UN peacekeepers have provided logistical assistance and security to Court investigators, shared large amounts of information, and have even been involved in the arrest of Court suspects. But their track record has been inconsistent: they have sometimes refused to take action against people accused of war crimes and have found it difficult to balance their impartiality with court prosecutions. Despite the empirical importance of this phenomenon, we know preciously little about the circumstances under which it occurs. In Assisting International Justice: Cooperation Between UN Pea

We often narrate the history of women’s rights in the United States by focusing on the fight for suffrage. Yet starting as early as 1835, states expanded married women’s economic rights. How were these statutes passed at a time when women’s political power was severely constrained, including no right to vote in most states? With limited national coordination?  In In Her Own Name: The Politics of Women’s Rights Before Suffrage (Columbia UP, 2023), Dr. Sara Chatfield argues that married women’s property rights reform occurred through a two-level process. Within each state, policy developed and cycled through different state-level institutions. Without explicit coordination, these policies spread throughout the states with institutional actors borrowing, copying, and learning from the successes and failures of other states – such that ALL states passed some reform by 1920. Dr. Chatfield’s important contribution to the American political development literature shows how male legislators pursued legislation that s

Seeking Supremacy: The Pursuit of Judicial Power in Pakistan (Cambridge University Press, 2022) discusses the emergence of the judiciary as an assertive and confrontational center of power which has been the most consequential new feature of Pakistan's political system. This book maps out the evolution of the relationship between the judiciary and military in Pakistan, explaining why Pakistan's high courts shifted from loyal deference to the military to open competition, and confrontation, with military and civilian institutions. Yasser Kureshi demonstrates that a shift in the audiences shaping judicial preferences explains the emergence of the judiciary as an assertive power center. As the judiciary gradually embraced less deferential institutional preferences, a shift in judicial preferences took place and the judiciary sought to play a more expansive and authoritative political role. Using this audience-based approach, Kureshi roots the judiciary in its political, social and institutional context, and deve