New Books In Law

Since the Founding, Americans have debated the true meaning of freedom. For some, freedom meant the provision of life's necessities, those basic conditions for the "pursuit of happiness." For others, freedom meant the civil and political rights enumerated in the Bill of Rights and unfettered access to the marketplace--nothing more. As Mark Paul explains, the latter interpretation--thanks in large part to a particularly influential cadre of economists--has all but won out among policymakers, with dire repercussions for American society: rampant inequality, endemic poverty, and an economy built to benefit the few at the expense of the many. In The Ends of Freedom: Reclaiming America's Lost Promise of Economic Rights (University of Chicago Press, 2023), Paul shows how economic rights--rights to necessities like housing, employment, and health care--have been a part of the American conversation since the Revolutionary War and were a cornerstone of both the New Deal and the Civil Rights Movement. Their recuperatio

In this series of interviews from the MIT Press Podcast, we'll be drawing on the research of various authors to reflect on some of the issues shaping the American political landscape of today. In this, the first episode, Robert I. Rotberg (author of Anticorruption) discusses corruption - what is it? where is it? And is it getting worse? He explains the long history of corruption in the USA, as well as the measures that can be taken to eradicate it. We also explore issues of corruption across the globe, including the Lava Jato case in Brazil, the authoritarian anti-corruption of Rwanda and the ways in which corporate elites shape politics in countries like the US and the UK. Robert I. Rotberg is President Emeritus of the World Peace Foundation, Founding Director of Harvard Kennedy School's Program on Intrastate Conflict, and Fellow of the American Academy of Arts and Sciences. He is the author of The Corruption Cure: How Citizens and Leaders Can Combat Graft, Things Come Together: Africans Achieving Greatness

In The Prescription-To-Prison Pipeline: The Medicalization and Criminalization of Pain (Duke UP, 2023), Michelle Smirnova argues that the ongoing opioid drug epidemic is the result of an endless cycle in which suffering is medicalized and drug use is criminalized. Drawing on interviews with eighty incarcerated individuals in Missouri correctional institutions, Smirnova shows how contradictions in medical practices, social ideals, and legal policies disproportionately criminalize the poor for their social condition. This criminalization further exacerbates and perpetuates drug addiction and poverty. Tracing the processes by which social issues are constructed as biomedical ones that necessitate pharmacological intervention, Smirnova highlights how inequitable surveillance, policing, and punishment of marginalized populations intensify harms associated with both treatment and punishment, especially given that the distinctions between the two have become blurred. By focusing on the stories of people whose pain a

In State Responses to Crimes of Genocide: What Went Wrong and How to Change it (Palgrave Macmillan, 2022) Dr Ewelina U. Ochab and Lord Alton of Liverpool bring together ongoing situations of genocide around the globe. Foregrounding the testimonies of victims, the authors' multiple visits to the aftermath of atrocities, and the countless actions taken by Lord Alton in British Parliament over his 40 year political career, this book is a chilling but essential read which compels a response. Atrocities are contextualised in the history of the UN Convention on the Prevention and Punishment of the Crime of Genocide. It poses the question as to what, if anything, has improved since the Genocide Convention was enacted in 1948.  In our interview, Dr Ochab and Lord Alton make the case that the international response to recent and ongoing genocides perpetrated against Uyghur Muslims in Xinjiang, against Rohingya Muslims in Myanmar, against belief minorities in Syria and Iraq, and in Nigeria and Dafur, have been inadequa

Will Guantanamo ever be closed down? Some people are still there – all these years after 9/11. So why are they still held and when will it end? James Connell is representing one of those who remains there, Ammar al Baluchi, and tells Owen Bennett Jones about the future of Guantanamo. 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 2005, after considerable campaigning by women’s groups, the Indian government brought in an important new law, the Protection of Women from Domestic Violence Act (PWDVA). A civil law, the PWDVA was meant to combat violence against women in familial and intimate spaces.  In The Violent Domestic Law: Its Practice and Strategies of Survival (Zubaan Academic, 2022), the authors ask: how effective has this law been? Have there been any changes in institutional regimes and their politics as a result of this legislation? They look at seven districts of West Bengal and interrogate, through the testimonies of survivors, whether the law reshapes the domestic, or whether the embeddedness of violence in the domestic is so complete that change through law must necessarily be partial and imperfect. Importantly, the questions the authors ask go beyond the heteronormative approach that centres only the married woman in the discourse around domestic violence. They include the voices of lesbian and transgender women, as wel

Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful?  Through an examination of the history of libertarianism, The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism (Princeton University Press, 2023) argues that the answer is (and always has been): both. In this book, the authors explore the neglected 19th century roots of libertarianism to show that it emerged first as a radical and progressive doctrine. Libertarianism took a conservative turn in the 20th century primarily as a reaction against the rise of state socialism. Now, with international communism no longer a threat, libertarianism is in the midst of an identity crisis, with progressive and reactionary elements struggling to claim the doctrine as their own, most notably on

In Semiotics of Rape: Sexual Subjectivity and Violation in Rural India (Duke UP, 2022), Rupal Oza follows the social life of rape in rural northwest India to reveal how rape is not only a violation of the body but a language through which a range of issues—including caste and gender hierarchies, control over land and labor, and the shape of justice—are contested. Rather than focus on the laws governing rape, Oza closely examines rape charges to show how the victims and survivors of rape reclaim their autonomy by refusing to see themselves as defined entirely by the act of violation. Oza also shows how rape cases become arenas where bureaucrats, village council members, caste communities, and the police debate women’s sexual subjectivities and how those varied understandings impact the status and reputations of individuals and groups. In this way, rape gains meaning beyond the level of the survivor and victim to create a social category. By tracing the shifting meanings of sexual violence and justice, Oza offe

Susan Schuppli is Director of the Centre for Research Architecture in the Department of Visual Cultures at Goldsmiths, University of London. In her book, Material Witnesss, her research is an exploration of the evidential role of matter in contexts including the natural disaster, climate change, and conflict zones. In this interview she discusses her work as a writer, artist and educator. The evidential role of matter--when media records trace evidence of violence--explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere. In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather. These cases inc

Jack Phillips is the owner of Masterpiece Cakeshop in Lakewood, Colorado. In 2012, Jack Phillips declined to create a custom wedding cake celebrating a so-called same-sex marriage. The men who requested the cake filed a charge with the Colorado Civil Rights Commission, beginning a legal battle that reached the U.S. Supreme Court. Jack Phillips joins the show to discuss his new book, The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court. Joining Jack is Jake Warner, legal counsel for Alliance Defending Freedom’s Appellate Team. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recent racist anti-immigration policies, from the border wall to the Muslim ban, have left many Americans wondering: How did we get here? In White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall (Beacon Press, 2021), Dr. Reece Jones reveals the painful answer: although the US is often mythologized as a nation of immigrants, it has a long history of immigration restrictions that are rooted in the racist fear of the “great replacement” of whites with non-white newcomers. After the arrival of the first slave ship in 1619, the colonies that became the United States were based on the dual foundation of open immigration for whites from Northern Europe and the racial exclusion of slaves from Africa, Native Americans, and, eventually, immigrants from other parts of the world. Jones' scholarship shines through his extensive research of the United States’ racist and xenophobic underbelly. He connects past and present to uncover the link between the Chinese Exc

Journalists around the world agree that autonomy is central to their work, but what exactly is it journalists should be autonomous from, and for what should they use this autonomy? Henrik Örnebring and Michael Karlsson discuss their book Journalistic Autonomy: The Genealogy of a Concept (University of Missouri Press, 2022), which traces the genealogy of the idea of journalistic autonomy from the press freedom debates of the 17th century up to the digital, networked world of the 21st century. In a conversation with Joanne Kuai, the authors talk about what is ‘autonomy’ and what it means in the context of journalism, and the journey of exploring the concept, using a theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, theoretical biology, and other disciplines. They reflect on whether the concept could be applied not only in liberal democracies but also in totalitarian regimes, and also discuss their ideals of journalism as an institution and what conditions are needed to facilitate t

This book delves deep into the question of what is legal education for? Who does it serve, and how, as educators can we reflect on what we deliver in the law classroom? In answering this question, What is Legal Education For? Re-assessing the Purposes of Early Twenty-First Century Learning and Law Schools (Routledge 2022), editors Dr Rachel Dunn, Professor Paul Maharg and Dr Victoria Roper bring together a collection that grew out of a Modern Law Review Seminar, which celebrated the works of Peter Birks' earlier collection, Pressing Problems in the Law: What is the Law School for? (1996). What is fascinating about this collection is that each chapter offers a unique lens of analysis to consider the role of legal education in society, from the perspective of lawyers, educators and students. We had a really great discussion which considers the challenges that legal educators face, specially with regard to the increasing corporatisation of law schools and what this means both from an international perspective, a

What is academic freedom for? What are the greatest threats to academic freedom today? Should Critical Race Theory be taught on college campuses? What about in K-12 classrooms? Keith Whittington, Chairman of the Academic Freedom Alliance's Academic Committee and the William Nelson Cromwell Professor of Politics at Princeton University, joins the show to answer these questions and discuss the work of the Academic Freedom Alliance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is the Declaration of Independence unique? Does the Declaration prescribe a form of government? What is the relationship between the Declaration and the Constitution? Allen C. Guelzo, Director of the James Madison Program's Initiative on Politics and Statesmanship, joins the show to answer these questions and more.  Guelzo's essay "Harry and me" can be found here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Three generations of imbeciles are enough” were the infamous words U.S. Supreme Court Justice Oliver Wendell Holmes Jr. wrote in 1927. In Buck v. Bell, an almost unanimous Court upheld a Virginia law allowing the sterilization of people the state found to be “socially inadequate” and “feebleminded.” This landmark decision allowed the eugenics movement to take full effect, with multiple states passing similar laws.  In Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell (Johns Hopkins UP, 2022), Dr. Paul Lombardo unpacks the case of an individual – Carrie Buck – to argue that the case not only represents the collective power of the eugenics movement in the early 20th century but an individual miscarriage of justice. Using extensive archival sources, Dr. Lombardo demonstrates that Carrie Buck was neither a “moral degenerate” or “feeble-minded.” She was a rape victim of sound mind. Her sterilization was based on fraudulent evidence. The powerful eugenics lobby manufactured a case – an

More than fifty years of civil rights legislation and movements have not ended employment discrimination. Kerri Lynn Stone's Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity (Cambridge UP, 2022) reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause. Learn more about your ad choices. Visit megapho

Barak S. Cohen's The Legal Methodology of Late Nehardean Sages in Sasanian Babylonia (Brill, 2011) consists of a systematic analysis of the halakhic/legal methodology of fourth and fifth century Nehardean amoraim in Babylonia (as well as their identity and dating). The book uncovers various distinct characteristics present in the halakhic decision making and source interpretation, and demonstrates how certain amoraim can be characterized as portraying consistent interpretive and legal approaches throughout talmudic literature. Understanding the methodological characteristics that distinguish some amoraim from other amoraim can aid the talmudic interpreter/scholar in clarifying the legal foundations of their rulings, the proofs that they bring within talmudic discourse, as well as their disputes and interpretations. This allows a better understanding of the development of Jewish Law and the legal system in talmudic Babylonia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by be

Born in Somalia, Ayaan Hirsi Ali is a women’s rights activist, free speech advocate, and New York Times bestselling author. She joins the show to discuss her new book, Prey: Immigration, Islam, and the Erosion of Women's Rights. [Note: This conversation includes discussion of sensitive topics related to sexual violence.] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Kaitlin Sidorsky and Wendy J. Schiller's book Inequality across State Lines: How Policymakers Have Failed Domestic Violence Victims in the United States (Cambridge UP, 2023) illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-