New Books In Law

Michael Ayers Trotti's The End of Public Execution: Race, Religion and Punishment in the American South (The University of North Carolina Press, 2022) documents the complex religious and cultural textures of post-Civil War executions in the U.S. South. Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating that change within our understandings of lynching and competing visions of justice and religion. Intended to shame and intimidate, public executions after the Civil War had quite a different effect on southern Black communities. Crowds typically consisting of as many Black people as white behaved like congregations before a macabre pulpit, led in prayer and song by a Black minister on the scaffold. Black criminals often proclaimed their innocence and almost always their salvation. This turned the proceedings into publi

Since the turn of the millennium, there has been an unusually large number of court cases against artists and curators in Russia. Focusing on prominent cases against the organizers of the exhibitions Caution, Religion! (2003) and Forbidden Art 2006 (2007), Frimmel examines the ways in which the meaning of art and its socio-political effects are argued in court. By placing these cases in a historical context, and comparing them with a number of international case studies, Art Judgements: Art on Trial in Russia After Perestroika (Vernon Press, 2021) reveals how these proceedings have intensified juridical power over artistic freedom (of speech) in Russia over the past two decades. Sandra Frimmel is Research Coordinator of the Centre of Arts and Cultural Theory (ZKK) and an affiliate of the Department for Slavic Studies at the University of Zürich. Her research interests include Russian art from 19th century through to today, as well as the concepts of art, law, justice, power, and society. Iva Glisic is a histo

In Feminist Transformations and Domestic Violence Activism in Divided Berlin, 1968-2002 (Oxford University Press, 2022), Jane Freeland traces the development of the shelter movement in East and West Germany. In the 1970s, feminist activists exposed the harmful gender norms and lack of legal protections that left women vulnerable to abuse in the home. Their efforts led to the founding of the first women’s shelter in West Berlin in 1976 and a broadly successful campaign that changed legal and social attitudes toward domestic abuse. Situating domestic violence activism within a broader history of feminism in post-war Germany, the book traces the evolution of this movement both across political division and reunification and from grassroots campaign to established, professionalized social service. It links histories of feminism in East and West Germany and challenges historiographies of reunification that focus on feminist failures. Feminist Transformations reflects on the tensions between the activists who found

This is the story of organ transplantation, told from the organ’s point of view. Organs for transplantations come from two sources: living or post-mortem organ donations. These sources set different routes of movement from one body to another. Postmortem organ donations are mainly sourced and allocated by state agencies, while living organ donations are the result of informal relations between donor and recipient. Each route traverses different social institutions, determines discrete interaction between donor and recipient, and is charged with moral meanings that can be competing and contrasting. The political economy of organs for transplants is the gamut of these routes and their interconnections, and this book explains what such a political economy looks like: its features and contours, its negotiation of the roles of the state, market and the family in procuring organs for transplantations, and its ultimate moral justifications. Drawing on Boas’ personal experiences of waiting, searching and obtaining or

The boundary that once protected our intimate lives from outside interests is an artefact of the 20th century. In the 21st, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our privacy wash out with the technological tide. And the erosion of intimate privacy in particular, Citron argues, holds immense toxic power to transform our lives and our societies for the worse (and already has). With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (Norton, 2022) reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. An

Half of Black Americans who live in the one hundred largest metropolitan areas are now living in suburbs, not cities. In Liberty Road: Black Middle-Class Suburbs and the Battle Between Civil Rights and Neoliberalism (NYU Press, 2022), Gregory Smithsimon shows us how this happened, and why it matters, unearthing the hidden role that suburbs played in establishing the Black middle-class. Focusing on Liberty Road, a Black middle-class suburb of Randallstown, Maryland, Smithsimon tells the remarkable story of how residents broke the color barrier, against all odds, in the face of racial discrimination, tensions with suburban Whites and urban Blacks, and economic crises like the mortgage meltdown of 2008. Drawing on interviews, census data, and archival research he shows us the unique strategies that suburban Black residents in Liberty Road employed, creating a blueprint for other Black middle-class suburbs. Brittney Edmonds is an Assistant Professor of Afro-American Studies at UW-Madison. I specialize in 20th an

This groundbreaking book argues that the fundamental issues around how victim-survivors of digital gender-sexual violations (DGSVs) are abused can be understood in terms of gender and sexual dynamics, constructions, positioning and logics. Digital Gender-Sexual Violations: Violence, Technologies, Motivations (Routledge, 2022) builds upon Hall and Hearn's previous work, Revenge Pornography, but has been substantially reworked to examine other forms of DGSV such as upskirting and sexual deepfakes, as well as the latest research and debates in the field. Facilitated by developments in internet and mobile technologies, the non-consensual posting of real or fake sexually explicit images of others for revenge, entertainment, homosocial status or political leverage has become a global phenomenon. Using discourse and thematic analytical approaches, this text examines digital, survey and interview data on gendered sexual violences, abuses, and violations. The words of both the perpetrators and victim-survivors are pre

Chasing Wrongs and Rights: My Experience Defending Human Rights Around the World (Simon & Schuster, 2022) by Elaine Pearson, the Asia Director at Human Rights Watch, is an intimate account of her journey fighting for human rights across the world. Part personal journey, part insider’s peek into the work of international human rights organizations, Chasing Wrongs and Rights is also a primer on advocacy with governments, an indictment of Australia’s human rights record and foreign policy, a career guide for people who want to work in human rights, and a reflection about what it takes for human rights change to happen. Above all the book comes out as a tribute to the activists and victims that she met, worked with, and fought for over the years in Thailand, Indonesia, Cambodia, Nepal, Sri Lanka, Papua New Guinea, Australia, and many other places. In this interview, Elaine talks about the work that Human Rights Watch does, her family history in China, her early career in anti-trafficking, her run-ins with abusive

Political Scientists Alison Gash and Dan Tichenor have a new book, Democracy's Child: Young People and the Politics of Control, Leverage, and Agency (Oxford UP, 2022), that centers children and young people within the study of democratic politics, filling in a bit of a gap in the literature, especially in political science literature. Gash and Tichenor note in their research that young people are central in so many policy areas but are often not integrated into the policy discussions or applications. As sketched out in Democracy’s Child, young people are often leveraged within our politics and our political discourse. They have been used as symbols and positioned as in need of protection—or at least some of them have been presented as being in need of protection. Tichenor and Gash dive into the idea of childhood itself, which is a more recent concept—developing over the past 150 years—and how this contextualization of young people is a significant point of political conflict. It is difficult to clearly define

Long-haul truckers are the backbone of the American economy, transporting goods under grueling conditions and immense economic pressure. Truckers have long valued the day-to-day independence of their work, sharing a strong occupational identity rooted in a tradition of autonomy. Yet these workers increasingly find themselves under many watchful eyes. Data Driven: Truckers, Technology, and the New Workplace Surveillance (Princeton UP, 2022) examines how digital surveillance is upending life and work on the open road, and raises crucial questions about the role of data collection in broader systems of social control. Karen Levy takes readers inside a world few ever see, painting a bracing portrait of one of the last great American frontiers. Federal regulations now require truckers to buy and install digital monitors that capture data about their locations and behaviors. Intended to address the pervasive problem of trucker fatigue by regulating the number of hours driven each day, these devices support addition

What exactly can artificial intelligence do? It’s an issue some of the professions are grappling with – on the face of it, law is an area that rests on fine human judgment – but in fact many of tasks it involves can be performed by AI and if that is true for law then presumably it is also true for many other areas too. Daniel Susskind of Oxford University discusses his book The Future of the Professions: How Technology Will Transform the World of Human Experts (Oxford UP, 2022), 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 Wars of Law: Unintended Consequences in the Regulation of Armed Conflict (Cornell UP, 2020), Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years. Fazal outlines three main arguments: early laws of war favored belligerents, but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with international humanitarian law; and lawmakers have been consistently inattentive to how rebel groups might receive these laws. By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals. Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? In addressing such questions, Fazal pr

Virginia L. Summey's book The Life of Elreta Melton Alexander: Activism within the Courts (U Georgia Press, 2022) explores the life and contributions of groundbreaking attorney, Elreta Melton Alexander Ralston (1919–98). In 1945 Alexander became the first African American woman to graduate from Columbia Law School. In 1947 she was the first African American woman to practice law in the state of North Carolina, and in 1968 she became the first African American woman to become an elected district court judge. Despite her accomplishments, Alexander is little known to scholars outside of her hometown of Greensboro, North Carolina. Her life and career deserve recognition, however, not just because of her impressive lists of “firsts,” but also owing to her accomplishments during the civil rights movement in the U.S. South. While Alexander did not actively participate in civil rights marches and demonstrations, she used her professional achievements and middle-class status to advocate for individuals who lacked a vo

Human Rights at Risk: Global Governance, American Power, and the Future of Dignity (Rutgers University Press, 2022) is a fascinating book that brings together social scientists, legal scholars, and humanities scholars from both the Global North and Global South to provide a challenge to understandings about normative and empirical claims to human rights. Salvador Santino F. Regilme Jr. and Irene Hadiprayitno's edited collection questions the effectiveness of international human rights institutions, identifying thematic blind spots and providing fresh analysis for a way forward in the Post-Trump era.  I very much enjoyed having Dr. Salvador Santino F. Regilme Jr. back on the show; the discussion was enriching and will challenge human rights scholars to move beyond their comfort zone to seek ways to better protect human rights at risk. You can listen to our previous interview, about his book, Aid Imperium: United States Foreign Policy and Human Rights in Post-Cold War Southeast Asia, here.  Learn more about you

Societies that are throwing off the yoke of authoritarian rule and beginning to build democracies face a daunting question: should they punish the representatives of the ancien regime or let bygones be bygones? In her interview, Professor Ruti Teitel talks both about these choices and more broadly about transitional justice as a field. Her book, Transitional Justice, published in year 2000 with Oxford University Press, takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. The book explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law plays a profound role in periods of radical change. In her interview, Teitel also touches on the growth of transitional justice as a field, the challenges to redress the past faced by Latin America, South Africa, Central and Eastern Europe, as well as North America, the ways in which the International

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity.  Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human righ

Eraldo Souza dos Santos talks about the invention of civil disobedience as a form of political action around the world, and the need for its redefinition to describe activism present and future. In the episode, he references John Rawls’s classic definition from A Theory of Justice (Harvard UP, 1971) and Erin Pineda’s new book, Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021). Eraldo Souza dos Santos is a philosopher and historian of political thought whose research explores how political concepts have come to shape political discourse and political practice, and how political actors have come to contest the meaning of these concepts in turn. In his current project, he traces the global history of the idea of civil disobedience. He is currently a Ph.D. candidate in Philosophy at Panthéon-Sorbonne University. He has been the recipient of grants and fellowships from the Académie française, the Maison française d'Oxford, the Leuven Institute for Advanced Studies, the Mun

Whose fault are financial crises, and who is responsible for stopping them, or repairing the damage? Impunity and Capitalism: The Afterlives of European Financial Crises, 1690-1830 (Cambridge University Press, 2022) develops a new approach to the history of capitalism and inequality by using the concept of impunity to show how financial crises stopped being crimes and became natural disasters. Dr. Trevor Jackson examines the legal regulation of capital markets in a period of unprecedented expansion in the complexity of finance ranging from the bankruptcy of Europe's richest man in 1709, to the world's first stock market crash in 1720, to the first Latin American debt crisis in 1825. He shows how, after each crisis, popular anger and improvised policy responses resulted in efforts to create a more just financial capitalism but succeeded only in changing who could act with impunity, and how. Henceforth financial crises came to seem normal and legitimate, caused by impersonal international markets, with the cost

Digital platforms controlled by Alibaba, Alphabet, Amazon, Facebook, Netflix, Tencent and Uber have transformed not only the ways we do business, but also the very nature of people's everyday lives. It is of vital importance that we understand the economic principles governing how these platforms operate. Paul Belleflamme and Martin Peitz's book The Economics of Platforms: Concepts and Strategy (Cambridge UP, 2021) explains the driving forces behind any platform business with a focus on network effects. The authors use short case studies and real-world applications to explain key concepts such as how platforms manage network effects and which price and non-price strategies they choose. This self-contained text is the first to offer a systematic and formalized account of what platforms are and how they operate, concisely incorporating path-breaking insights in economics over the last twenty years. Martin Peitz is professor of economics at the University of Mannheim (since 2007), a director of the Mannheim Cent

What is the best way to achieve societal harmony in a place in which groups of people with different identities are living together. Should minority groups be given exemptions from general policies and laws or is it better to say majority privilege should be removed by finding solutions in which the law applies equally to the minority and the majority. Owen Bennett Jones was joined by co-authors Peter Balint and Patti Lenard who have discussed these issues in Debating Multiculturalism: Should There be Minority Rights? (Oxford UP, 2022). 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