New Books In Law

With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hairdresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP’s Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen: Constance Baker Motley and the Struggle for Equality (Pantheon Books, 2

Today’s Postscript focuses on abortion politics in the United States, with particular attention to the April 7, 2023 federal court decisions in Texas and Washington controlling access to mifepristone and the wider political forces at play. We have a slightly different format for today’s emergency podcast – spanning four time zones. First, legal historian Mary Ziegler, Martin Luther King Professor of Law at UC Davis, shares insights on the two cases – and why the Texas opinion is such a radical departure with regards to standing and legal language. Then Political Scientist Rebecca Kreitzer, Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill, provides a deep dive on the role of the Comstock Act of 1873 and why this 19th century law helps us understand 21st century reproductive politics. The podcast concludes with two scholars of politics and law Dr. Renée Ann Cramer, Professor of Law, Politics, and Society at Drake Univers

Nishant Kumar's Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary (Routledge, 2022) analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process – the structural and functional aspects of working of judiciary – affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian

Amy Coney Barrett is a judge on the U.S. 7th Circuit Court of Appeals. In 2019, Judge Barrett delivered the James Madison Program's Annual Walter F. Murphy Lecture in American Constitutionalism. The lecture was entitled "The Constitution as Our Story." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Public companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies (Cambridge University Press, 2022) shows how securities fraud became a major regulatory concern. Drawing on case studies of paradigmatic securities enforcement actions involving Xerox, Penn Central, Apple, Enron, Citigroup, and General Electric, the book argues that corporate securities fraud emerged as investors increasingly valued companies based on their future performance. Corporations now have an incentive to issue unrealistically optimistic disclosure to convince markets that their su

The Memory Seeker is a novel that, drawing upon Professor Ronald Niezen's background in researching human rights, takes on the experiences of war violence and its aftermath, the vagaries of memory, and the incompleteness of courtroom justice. When Dutch-Canadian Peter Dekker is hired as an investigator by the International Criminal Court in The Hague, he has no inkling of the war crimes that lie in his own family's history. His work takes him to Timbuktu, where he collaborates with Malian colleagues to document war crimes from a recent and only partly-ended civil war. While he is on assignment, his live-in girlfriend, Nora, gets to know Peter's estranged aunt living in The Hague, and uncovers a dark history of murder, revenge and collaboration with the Nazi occupiers. As the stories of his family under Nazi rule unfold and the intrigues multiply, Peter is confronted with a war crime in which he finds himself next-of-kin rather than an investigator.  A work of fiction that draws upon Niezen's ethnographic expe

Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge: Reflections on Power and Possibility (Bristol UP, 2023) details the ways in which the law is heavily implicated in creating, maintaining, and reproducing racialized hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonization and explores how this examination can inform teaching, researching, and practicing of law. Furthermore, the book explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonization to produce legal knowledge for flourishing futures. Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work. Learn more abou

Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world. Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse (MIT Press, 2023), Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people. Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive hist

Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance (Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilizing fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, The Process of International Legal Reproduction exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The resul

LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights (NYU Press, 2023) is a tour de force that weaves together the various narratives about the transformation of a counter public, in this case, LBGT citizens, into rights bearing citizenship, and the transformation of mainstream political and cultural narratives, incorporating shifting conceptions that open up space for this integration. As Political Scientist Susan Burgess explains throughout the book, a basic exploration of public opinion data reflects the substantial shift that many Americans have had in their thinking about individuals who are part of the LGBT community, and about the community itself. But the public opinion data only goes so far in telling the story of this rapid transformation. Using the American political development framework of political time, Burgess sees profound political transformation, but through what she describes as queered political time, noting that substantive ideas in this context are vita

What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.  You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves―even when the odds are deliberately stacked against them. In Privacy's Blueprint: The Battle to Control the Design of New Technologies (Harvard UP, 2018), Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, H

The relationship between images and truth has a complicated history. In the Western tradition, the Kantian settlement on aesthetic judgment as detached from external interests gave rise to artistic production of images that were read with epistemic authority. But the advent of modernity has at once shaken this certainty and reinforced it. No sooner than we reckoned with the singular history painting and illustrated magazines, we have landed in a mass-media world where any possible image can and does exist. And the more we are surrounded by images, the greater claims they make. Photographs are not only routinely used to convey news, they are used to establish what is and isn’t true. The crime scene photograph is now as likely to be used in a court of law as in a newspaper infographic explainer. The artifact is at once the evidentiary carrier of truth and a visualisation used to confirm it. It creates meaning and it argues for it Visual Culture and the Forensic: Culture, Memory, Ethics (Routledge, 2022) bridges

Leigh Goodmark’s new book, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (U California Press, 2023), uses the stories of individual criminalized survivors of gender based violence to illuminate the ways that the criminal legal system perpetuates violence against the very women, transgender people, and gender non-conforming people it claims to protect. Leigh argues that reform is not the answer to this problem, and that instead of limiting our efforts and imaginations to the pursuit of reforms that ultimately expand the reach of the criminal legal system, we should invest in abolition feminism and a world of non-carceral supports and resources like housing, healthcare, and education instead of arrest, prosecution, and incarceration. Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work. Learn more about your ad choices. Visit megaph

In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies: Polygamies at the Limits of Western Tolerance (Stanford UP, 2023), Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organise to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The

Injustice, Inc.: How America's Justice System Commodifies Children and the Poor (U California Press, 2023) exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning ethics to churn vulnerable children and adults into unconstitutional factory-like operations. Hatcher reveals stark details of revenue schemes and reflects on the systemic racialized harm of the injustice enterprise. He details how these corporatized institutions enter contracts to make money removing children from their homes, extort fines and fees, collaborate with debt collectors, seize property, incentivize arrests and evictions, enforce unpaid child labor, maximize occupancy in detention and "treatment" centers, and more. Injustice, Inc. underscores the need to unravel these predatory operations, which have esc

Daniel Heath Justice and Jean M. O'Brien's book Allotment Stories: Indigenous Land Relations Under Settler Siege (U Minnesota Press, 2021) collects more than two dozen chronicles of white imperialism and Indigenous resistance. Ranging from the historical to the contemporary and grappling with Indigenous land struggles around the globe, these narratives showcase both scholarly and creative forms of expression, constructing a multifaceted book of diverse perspectives that will inform readers while provoking them toward further research into Indigenous resilience. John Cable is assistant professor of history at Abraham Baldwin Agricultural College in Tifton, Georgia. He earned the Ph.D. in history at Florida State University in 2020. His forthcoming book, Southern Enclosure: Settler Colonialism and the Postwar Transformation of Mississippi (University Press of Kansas), will be out in December 2023. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https

In Better Law for a Better World: New Approaches to Law Practice and Education (Routledge, 2021) I spoke with Dr Liz Curran about the urgent need for innovation in law, legal practice, and legal education. In her book, she challenges the adversarial and hierarchical nature of the legal system, to uncover the harms that these processes and systems cause by the failure to recognise the person behind the legal problem. Drawing on both quantitive and qualitative research, and also her own wealth of experience as a practitioner and educator, Dr Curran offers insights into the way that the legal system fails the most vulnerable. However, the book, is not without hope; it offers models of better practice, and space for further research provide the incentive and innovation necessary to create better law for a better world. Dr Liz Curran is an Associate Professor in the School of Law at Nottingham Trent University.   Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium

Political Scientist Hernán Flom has written a fascinating and nuanced analysis of how the criminal drug markets operate in Argentina and Brazil. Instead of tracking the path that illegal drugs take or examining how the criminal justice system works in Latin American countries, Flom has focused, instead, on the illegal drug markets as economic and political institutions to examine how they actually operates within Brazil and Argentina. From this perspective, we learn quite a lot about market forces, civilian and police institutions, and “law and order” approaches in both these countries. The Informal Regulation of Criminal Markets in Latin America (Cambridge UP, 2022) provides a comparative analysis of the criminal markets in these two countries—Brazil and Argentina—as well as differentiating between how these markets work in larger, urban centers, and in smaller cities. This effectively teases out distinctions between how police work with or against these criminal markets, and how the local and national polit

If we listen to the politicians and pundits, college campuses have become fiercely ideological spaces where students unthinkingly endorse a liberal orthodoxy and forcibly silence anyone who dares to disagree. These commentators lament the demise of free speech and academic freedom. But what is really happening on college campuses? Campus Misinformation: The Real Threat to Free Speech in American Higher Education (Oxford UP, 2022) shows how misinformation about colleges and universities has proliferated in recent years, with potentially dangerous results. Popular but highly misleading claims about a so-called free speech crisis and a lack of intellectual diversity on college campuses emerged in the mid-2010s and continue to shape public discourse about higher education across party lines. Such disingenuous claims impede constructive deliberation about higher learning while normalizing suspect ideas about First Amendment freedoms and democratic participation. Taking a non-partisan approach, Bradford Vivian argu