New Books In Law

In Escape to the City: Fugitive Slaves in the Antebellum Urban South (UNC Press, 2022), Viola Franziska Müller examines runaways who camouflaged themselves among the free Black populations in Baltimore, Charleston, New Orleans, and Richmond. In the urban South, they found shelter, work, and other survival networks that enabled them to live in slaveholding territory, shielded and supported by their host communities in an act of collective resistance to slavery. While all fugitives risked their lives to escape slavery, those who fled to southern cities were perhaps the most vulnerable of all. Not dissimilar to modern-day refugees and illegal migrants, runaway slaves that sought refuge in the urban South were antebellum America's undocumented people, forging lives free from bondage but without the legal status of freedpeople. Spanning from the 1810s to the start of the Civil War, Müller reveals how urbanization, work opportunities, and the interconnectedness of free and enslaved Black people in each city determi

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world. In License to Travel: A Cultural History of the Passport (U California Press, 2022), Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refugee camps of today. Along the way, you will: Peruse the passports of artists and intellectuals, writers and musicians, ancient messengers and modern migrants. See how these seemingly humble documents implicate us in larger narratives about identity, mobility, citizenship, and state authority. Encounter intimate stories of vulnerability and desire along with vivid examples drawn from world cinema, literature, art, philosophy, and politics. Witness the authority that travel documents exercise over our movements and our emotions as we circulate around the globe. With unexpected discoveries at every turn, License to T

In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans (UNC Press, 2023), Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access. Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was i

We claim to judge people for what they intentionally do, but accidents often influence our judgments. In our justice systems, people can be harshly and unfairly blamed for bad luck—but in our personal lives, taking on blame isn’t always a bad thing. Guests Fiery Cushman, Professor of Psychology at Harvard University Daniel Statman, Professor of Philosophy at the University of Haifa Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is commonly thought that, thanks to globalization, nation-state borders are becoming increasingly porous. In Sorting Machines: The Reinvention of the Border in the 21st Century (Polity, 2022) Steffen Mau shows that this view is misleading: borders are not getting more permeable in the era of globalization, but rather are being turned into powerful sorting machines. Today they fulfill their separation function better and more effectively than ever. While the cross-border movement of people has steadily increased in recent decades, a counter-development has taken place at the same time: in many places, new deterrent walls and militarized border crossings are being created. Borders have also become increasingly selective. Supported by digitalization, they have been upgraded to smart borders, and border control has expanded spatially on a massive scale, even becoming a global enterprise that is detached from territory.  Steffen Mau shows how the new sorting machines create mobility and immobility at the same t

We have been ruled long enough. It is time to govern ourselves. If we are to get past the Constitution and all systems based on constitutions, we need to move past the nation state as the means by which we are governed from above. – Robert Ovetz, We the Elites (2022, p. 167) Written by 55 of the richest white men of early America, and signed by only 39 of them, the constitution is the sacred text of American nationalism. Popular perceptions of it are mired in idolatry, myth, and misinformation - many Americans have opinions on the constitution but have no idea what’s in it. The misplaced faith of social movements in the constitution as a framework for achieving justice actually obstructs social change - incessant lengthy election cycles, staggered terms, and legislative sessions have kept social movements trapped in a redundant loop. This stymies progress on issues like labor rights, public health, and climate change, projecting the American people and the rest of the world towards destruction. Robert Ovetz’s

International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. Randle C. DeFalco's book Invisible Atrocities: The Aesthetic Biases of International Criminal Justice (Cambridge UP, 2022) examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated.  DeFalco suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimac

What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders’ common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He arg

Ciara Breathnach's book Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902 (Oxford UP, 2022) focuses on the evolution of the Dublin City Coroner's Court and on Dr Louis A. Bryne's first two years in office. Wrapping itself around the 1901 census, the study uses gender, power, and blame as analytical frameworks to examine what inquests can tell us about the impact of urban living from lifecycle and class perspectives. Coroners' inquests are a combination of eyewitness testimony, expert medico-legal language, detailed minutiae of people, places, and occupational identities pinned to a moment in time. Thus they have a simultaneous capacity to reveal histories from both above and below. Rich in geographical, socio-economic, cultural, class, and medical detail, these records collated in a liminal setting about the hour of death bear incredible witness to what has often been termed 'ordinary lives'. The subjects of Dr Byrne's court were among the poorest in Ireland and, apart from commo

What does it mean to be a citizen in America in 2017? Guests Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media Shanelle Matthews, Director of Communications for the Black Lives Matter global 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 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century.  In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason Isralowitz tells this story in a revelatory book that situates both the Balestrero case and its cinematic counterpart in their historical context. Drawing from archival records, Isralowitz delivers a gripping account of Manny’ s trial and new insights into an errant prosecution. He then examines how Hitchcock’ s film bears witness to issues that animate the contemporary innocence movement. Given the hundreds of exonerations of the wrongfully convicted in recent years, this genre-bending work of true crime and film histo

The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh the costs of the traumatic effects on the animals; but today, even the researchers themselves have come to question the practice. John P. Gluck has been one of the scientists at the forefront of the movement to end research on primates, and in Voracious Science and Vulnerable Animals: A Primate Scientist's Ethical Journey (U Chicago Press, 2016) he tells a vivid, heart-rending, personal story of how he became a vocal activist for animal protection. Gluck begins by taking us inside the laboratory of Harry F. Harlow at the University of Wisconsin, where Gluck worked as a graduate student in the 1960s. Harlow’s primate

In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas. Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property, and Trickster Makes This World: Mischief, Myth and Art. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide: midwives, neighbors, healers, and relatives were better acquainted with an accused woman's intimate life, the circumstances of her pregnancy, and possible motives for infanticide than any man. As the century progressed, women accused of the crime were increasingly subject to the scrutiny of white male legal and medical experts educated in institutions that reinforced prevailing ideas about the inferior mental and physical capacities of women and Black people. As Reconstruction ended, the reach of the carceral state ex

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

In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologies to be ethical. In the episode Alex references an article by Emily Tucker, called “Artifice and Intelligence,” (Tech Policy Press, 17 March 2022) which suggests we should stop using terms like “artificial intelligence” and an opinion piece in the Washington Post, on a similar theme, by Timnit Gebru and Margaret Mitchell, “We warned Google that people might believe AI was sentient. Now it’s happening” (17 June 2022). She also mentions a claim by Blake Lemoine that Google’s LaMDA (Language Model for Dialogue Applications) is sentient. We’ll leave that one to your googling, if not your judgment. Dr. Alex Hanna is Direc

By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms? In The Idea of Prison Abolition (Princeton UP, 2022), Tommie Shelby undertakes a systematic and critical examination of the arguments in favor of prison abolition. Although he ultimately rejects abolitionism as a philosophical position, he builds from the abolitionist program’s crucial insights a positive view of what it would take to create a prison and incarceration system that is consistent with justice. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-five times in his speech—more than Martin Luther King Jr. would use the term later that year in his “I Have a Dream” address at the March on Washington. “Let us rise to the call of freedom-loving blood that is in us,” Wallace told his audience, “and send our answer to the tyranny that clanks its chains upon the South.” Those rattling shackles of oppression were forged by the enemy of the people of his beloved Barbour County: the federal government." – Jefferson Cowie, Freedom's Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022). Professor Cowie titles his latest book’s introduction ‘George Walla

Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling health care system? Gordon Katic debates this and more, with perspectives from either side. Professor Trudo Lemmens argues that MAID sends a disturbing message: disabled lives aren't worth living. Next, Dr. Derryk Smith (formerly of Dying with Dignity) says just the opposite: excluding certain people from this civil liberty is tantamount to stigmatization. SUPPORT THE SHOW You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little

How has digitalisation changed Russian politics? How has Russia’s invasion of Ukraine changed Russia studies? What is special about Russia’s approach to algorithmic governance and internet control? Assistant Professor in Cyber-Security and Politics from Maastricht University, Mariëlle Wijermars, talks about her ongoing research on Russian politics, internet policy and platform governance. In a conversation with Joanne Kuai, Mariëlle Wijermars also talks about The Palgrave Handbook of Digital Russia Studies. This open-access handbook was published by Palgrave Macmillan in 2020 and was edited by Mariëlle together with Daria Gritsenko and Mikhail Kopotev. This handbook presents a multidisciplinary and multifaceted perspective on how the ‘digital’ is simultaneously changing Russia and the research methods scholars use to study Russia. It provides a critical update on how Russian society, politics, economy, and culture are reconfigured in the context of ubiquitous connectivity and accounts for the political and so