New Books In Law

Luke Froeb joins the podcast to talk about his career in economics, what it's like to be the chief economist at the FTC and DOJ antitrust division, how these agencies make decisions about merger cases, the history of the Chicago School consumer welfare standard and the types of analytical tools and modeling that underlies the approach, along with the rise of the New Brandeisians and their failures thus far. Jon Hartley is an economics researcher with interests in international macroeconomics, finance, and labor economics and is currently an economics PhD student at Stanford University. He is also currently a Research Fellow at the Foundation for Research on Equal Opportunity, a Senior Fellow at the Macdonald-Laurier Institute, and a research associate at the Hoover Institution. Learn more about your ad choices. Visit podcastchoices.com/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our data-intensive world is here to stay, but does that come at the cost of our humanity in terms of autonomy, community, dignity, and equality? In We, the Data: Human Rights in the Digital Age (MIT Press, 2023), Wendy H. Wong argues that we cannot allow that to happen. Exploring the pervasiveness of data collection and tracking, Wong reminds us that we are all stakeholders in this digital world, who are currently being left out of the most pressing conversations around technology, ethics, and policy. This book clarifies the nature of datafication and calls for an extension of human rights to recognize how data complicate what it means to safeguard and encourage human potential. Wendy H. Wong is Professor of Political Science and Principal's Research Chair at the University of British Columbia, Okanagan. She is the author of two award-winning books: Internal Affairs: How the Structure of NGOs Transforms Human Rights and (with Sarah S. Stroup) The Authority Trap: Strategic Choices of International NGOs. Lamis

Cancel culture is something all academics are aware of and some are concerned about.  Certainly that’s true of Greg Lukianoff who was the co-author (with Jonathan Haidt) of The Coddling of the American Mind (Penguin, 2018) and who has now co-authored (with Rikki Schlott) of The Canceling of the American Mind (Simon and Schuster, 2023). Listen to him in conversation 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 podcastchoices.com/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book is a tour de force. In The Making of Constitutional Democracy: From Creation to Application of Law (Bloomsbury, 2022), Dr Paolo Sandro explores the assumed unproblematic tension between the creation and application of law, and the way that this guides constitutional democracy. Crossing both jurisdictional borders and legal traditions, the author draws out the intrinsic relation between law, power and politics, to reveal law's authority. Ten years in the writing, the work is truly interdisciplinary. It integrates jurisprudential methodology, history, anthropology, political science, philosophy of language and philosophy of action. It will be of use to anyone who is serious about becoming a better scholar. It compels reflection on the assumptions that scholars make in writing, in practice, in scholarship and study. All the while Sandro breaks new ground in legal theory and in the study of constitutional democracy.  Dr Paolo Sandro is a lecturer in law at The University of Leeds.  The Making of Constit

Witchfinder General, Salem, Malleus Maleficarum. The world of witch-hunts and witch trials sounds archaic and fanciful, these terms relics of an unenlightened, brutal age. However, we often hear ‘witch-hunt’ in today’s media, and the misogyny that shaped witch trials is all too familiar. Three women were prosecuted under a version of the 1735 Witchcraft Act as recently as 2018. In Witchcraft: A History in Thirteen Trials (Simon & Schuster, 2023), Professor Marion Gibson uses thirteen significant trials to tell the global history of witchcraft and witch-hunts. As well as exploring the origins of witch-hunts through some of the most famous trials from the Middle Ages to the eighteenth century, it takes us in new and surprising directions. It shows us how witchcraft was reimagined by lawyers and radical historians in France, how suspicions of sorcery led to murder in Jazz Age Pennsylvania, the effects of colonialism and Christian missionary zeal on ‘witches’ in Africa, and how even today a witch trial can come i

Addressing the relationship between law and the visual, this book examines the importance of photography in Central, East, and Southeast European show trials. The dispensation of justice during communist rule in Albania, East Germany, and Poland was reliant on legal propaganda, making the visual a fundamental part of the legitimacy of the law. Analysing photographs of trials, Agata Fijalkowski's Law, Visual Culture, and the Show Trial (Routledge, 2023) examines how this message was conveyed to audiences watching and participating in the spectacle of show trials. The book traces how this use of the visual was exported from the Soviet Union and imposed upon its satellite states in the immediate aftermath of the Second World War. It shows how the legal actors and political authorities embraced new photographic technologies to advance their legal propaganda and legal photography. Drawing on contemporary theoretical work in the area, the book then challenges straightforward accounts of the relationship between law

Rather than functioning as a final arbiter of justice, U.S. domestic courts are increasingly seen as counterterrorism tools that can incapacitate terrorists, maintain national security operations domestically, and produce certain narratives of conflict. Terrorism on Trial: Political Violence and Abolitionist Futures (University of Minnesota Press, 2023) by Dr. Nicole Nguyen examines the contemporary role that these courts play in the global war on terror and their use as a weapon of war: hunting, criminalising, and punishing entire communities in the name of national security. Dr. Nguyen advocates for a rethinking of popular understandings of political violence and its root causes, encouraging readers to consider anti-imperial abolitionist alternatives to the criminalization, prosecution, and incarceration of individuals marked as real or perceived terrorists. She exposes how dominant academic discourses, geographical imaginations, and social processes have shaped terrorism prosecutions, as well as how our fu

Youcef Sufi's book The Rise of Critical Islam: 10th-13th Century Legal Debate (Oxford University Press, 2023) is a fascinating and engaging exploration of the history of critique in Islamic legal and intellectual history. It does this specifically through a case study of dispensations and disputations, known as munāẓarāt in Arabic. Dispensations were a practice of debates that were an important feature of a jurist's practice and an opportunity for him to showcase his juristic skills – for instance, they were sometimes tasked with having to defend a position that they disagreed with or that contradicted the opinion of the school they followed and represented. Ultimately, these dispensations serve as an excellent case study of the tremendous diversity of thought and the celebration of difference of opinion in Islamic history and Islamic law; they also show that for Muslim jurists, engaging in these debate was an act of piety, as a part of their personal and intellectual quest to discover God's law. In our conve

A fascinating look at Walt Disney's last, unfinished project and the controversy that surrounded it. It was going to be Disneyland at the top of a mountain. A vacation destination where guests could ski, go ice skating, or be entertained by a Disney Imagineer-created band of Audio-Animatronic bears. In the summer, visitors could fish, camp, hike, or take a scenic chairlift ride to the top of a mountain. It was the Mineral King resort in Southern California, and it was Walt Disney's final passion project. But there was one major obstacle to Walt's dream: the growing environmentalist movement of the 1960s.  In Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was (Rowman & Littlefield, 2023), Greg Glasgow and Kathryn Mayer provide an unprecedented look inside the Mineral King saga, from its origins at the 1960 Winter Olympics to the years-long environmental fight that eventually shut the development down. The fight, which went all the way to the Supreme Court, reshaped the e

Thanks to the First Amendment, Americans enjoy a rare privilege: the constitutional right to lie. And although controversial, they should continue to enjoy this right. When commentators and politicians discuss misinformation, they often repeat five words: "fire in a crowded theater." Though governments can, if they choose, attempt to ban harmful lies, propaganda, misinformation, and disinformation, how effective will their efforts really be? Can they punish someone for yelling "fire" in a crowded theater―and would those lies then have any less impact? How do governments around the world respond to the spread of misinformation, and when should the US government protect the free speech of liars? In Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation (Johns Hopkins UP, 2023), law professor Jeff Kosseff addresses the pervasiveness of lies, the legal protections they enjoy, the harm they cause, and how to combat them. From the COVID-19 pandemic to the 2016 and 2020 presidential elections and

The American public’s confidence in the United States Supreme Court is a historic low – in part based on a belief that the Supreme Court is increasingly behaving as a partisan, political body.  In Supreme Hubris: How Overconfidence Is Destroying the Court--And How We Can Fix It (Yale UP, 2023), legal scholar Aaron Tang argues that partisanship is not the best lens for understanding the Supreme Court. He focuses on overconfidence. According to Professor Tang, the legal arguments of both conservative and liberal justices have a tone of uncompromising certainty. As the Court “lurches stridently from one case to the next,” it delegitimizes opposing views and undermines public confidence in the Court itself. Restoring the Court’s public legitimacy requires the justices to adopt what Professor Tang calls a “least harm rule.” Examining a range of cases – from LGBTQ rights to immigration to juvenile justice – Tang demonstrates how the least harm principle can provide a promising and legally grounded framework for the

In A Is for Arson: A History of Vandalism in American Education (Cornell UP, 2023), Campbell F. Scribner sifts through two centuries of debris to uncover the conditions that have prompted school vandalism and to explain why attempts at prevention have inevitably failed. Vandalism costs taxpayers hundreds of millions of dollars every year, as students, parents, and even teachers wreak havoc on school buildings. Why do they do it? Can anything stop them? Who should pay for the damage? Underlying these questions are long-standing tensions between freedom and authority, and between wantonness and reason. Property destruction is not simply a moral failing, to be addressed with harsher punishments, nor can the problem be solved through more restrictive architecture or policing.  Scribner argues that education itself is a source of intractable struggle, and that vandalism is often the result of an unruly humanity. To understand schooling in the United States, one must first confront the all-too-human emotions that h

During the years between the Civil War and World War II, police in New York City struggled with how to control a diverse metropolis. In Police and the Empire City: Race and the Origins of Modern Policing in New York (Duke UP, 2023), Matthew Guariglia tells the history of the New York Police Department to show how its origins were built upon and inseparably entwined with the history of race, ethnicity, and whiteness in the United States.  Guariglia explores the New York City Police Department through its periods of experimentation and violence as police experts imported tactics from the US occupation of the Philippines and Cuba, devised modern bureaucratic techniques to better suppress Black communities, and infiltrated supposedly unknowable immigrant neighborhoods. Innovations ranging from recruiting Chinese, Italian, and German police to form “ethnic squads” to the use of deportation and federal immigration restrictions to control local crime—even the introduction of fingerprinting—were motivated by attempts

Note: This episode contains a discussion of suicide. A list of resources is available below.  In Undoing Suicidism: A Trans, Queer, Crip Approach to Rethinking (Assisted) Suicide (Temple UP, 2023), Alexandre Baril argues that suicidal people are oppressed by what he calls structural suicidism, a hidden oppression that, until now, has been unnamed and under-theorized. Each year, suicidism and its preventionist script and strategies reproduce violence and cause additional harm and death among suicidal people through forms of criminalization, incarceration, discrimination, stigmatization, and pathologization. This is particularly true for marginalized groups experiencing multiple oppressions, including queer, trans, disabled, or Mad people. Undoing Suicidism questions the belief that the best way to help suicidal people is through the logic of prevention. Alexandre Baril presents the thought-provoking argument that supporting assisted suicide for suicidal people could better prevent unnecessary deaths. Offering

The United States has long been associated with a very harsh criminal justice system with, in some cases, people serving long sentence for minor crimes. But attempts to reform the system have proven very difficult. In her new book Reform Nation: The First Step Act and the Movement to End Mass Incarceration (Stanford UP, 2023), Colleen P. Eren explains why. Listen to her in conversation 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 Constitutional Culture, Independence, and Rights: Insights from Quebec, Scotland, and Catalonia (University of Toronto Press, 2023), Dr. Javier García Oliva and Dr. Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demon

At the opening of the twentieth century, labor strife repeatedly racked the nation. Union organization and collective bargaining briefly looked like a promising avenue to stability. But both employers and many middle-class observers remained wary of unions exercising independent power. In The Bosses' Union: How Employers Organized to Fight Labor Before the New Deal (U Illinois Press, 2023), Vilja Hulden reveals how this tension provided the opening for pro-business organizations to shift public attention from concerns about inequality and dangerous working conditions to a belief that unions trampled on an individual's right to work. Inventing the term closed shop, employers mounted what they called an open-shop campaign to undermine union demands that workers at unionized workplaces join the union. Employer organizations lobbied Congress to resist labor's proposals as tyrannical, brought court cases to taint labor's tactics as illegal, and influenced newspaper coverage of unions. While employers were not a mo

Dennis Rasmussen’s new book, The Constitution's Penman: Gouverneur Morris and the Creation of America's Basic Charter (UP of Kansas, 2023), is a propulsive analysis of one of the key members of the Founding generation, Gouverneur Morris of New York and Pennsylvania. Morris is quite a character—from his reputation as a lady’s man to his brilliant speeches at the Constitutional Convention in Philadelphia in 1787. Rasmussen has pulled together archival research on Morris along with historical and political context to understand the Constitution’s penman, since Morris was responsible for writing the draft of the document that would become the U.S. Constitution. Gouverneur Morris was a fascinating fellow—and his exploits were well known among his peers and colleagues. Morris, who had been educated at King’s College (now Columbia), and had become a lawyer, made much of his fortune in land speculation. He was active during the Revolutionary War, especially in helping to manage payment and supplies to the troops figh

From the overloaded courts with their constantly changing dates and appointments to the need to prove oneself the “right" kind of asylum seeker, the asylum system in the United States is an exacting and drawn-out immigration process that itself results in suffering. When anthropologist Rhoda Kanaaneh became a volunteer interpreter for Arab asylum seekers, she discovered how applicants learned to craft a specific narrative to satisfy the system's requirements. Kanaaneh tells the stories of four Arab asylum seekers who sought protection in the United States on the basis of their gender or sexuality: Saud, who relived painful memories of her circumcision and police harassment in Sudan and then learned to number and sequence these recollections; Fatima, who visited doctors and therapists in order to document years of spousal abuse without over-emphasizing her resulting mental illness; Fadi, who highlighted the homophobic motivations that provoked his arrest and torture in Jordan, all the while omitting connected

Many people view the War on Drugs as a contemporary phenomenon invented by the Nixon administration. But as Dr. Andrew Monteith shows in Christian Nationalism and the Birth of the War on Drugs (NYU Press, 2023), the conflict actually began more than a century before, when American Protestants began the temperance movement and linked drug use with immorality. Dr. Monteith argues that this early drug war was deeply rooted in Christian impulses. While many scholars understand Prohibition to have been a Protestant undertaking, it is considerably less common to consider the War on Drugs this way, in part because racism has understandably been the focal point of discussions of the drug war. Antidrug activists expressed—and still do express--blatant white supremacist and nativist motives. Yet this book argues that racism was intertwined with religious impulses. Reformers pursued the “civilising mission,” a wide-ranging project that sought to protect “child races” from harmful influences while remodelling their cultu