New Books In Law

Today I talked to Eric Posner about his book How Antitrust Failed Workers (Oxford UP, 2021). When anti-trust cases are brought forward, typically they involve monopolies exercising undue power in regards to products or services. Rarely do labor issues get the same treatment. Reasons vary from the previous power of unions, to the expense and risk of going to trial, to whether the potential for unfair, uncompetitive practices get scrutinized at all. Posner points in this episode to why the laws may need strengthening. Issues include stagnant wages, and the use and abuse of non-poaching, non-complete and arbitration clauses in the contracts that workers sign. Add in the practice of gig workers and rising inequality issues related to household wealth, and you can’t find a more timely topic than this one. Eric Posner is a professor of Law at the University of Chicago. He’s currently on leave and working for the Anti-Trust Division of the U.S. Justice Department. (Note that his views do not necessarily reflect thos

Before Remdesivir and Hydroxycloroquin there was Tamiflu. To prepare for Swine Flu and Bird Flu, governments spent billions stockpiling this drug called Tamiflu. You’d think governments used the best evidence-based advice, but the story of Tamiflu raises questions about how money shaped the process. On this episode of Cited, Darts and Letters predecessor, we open up the black box of pharmaceutical and public health expertise. We tell the story of a drug, from its days as middling flu treatment through its meteoric rise to international blockbuster. How do experts decide what makes a good drug, and how do pharmaceutical companies make billions from pandemic panic? —————————-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 more we would love it if you chip in. You can find us on patreo

According to political philosopher Ryan T. Anderson and journalist Alexandra DeSantis, abortion harms everything it touches. It is an act of lethal violence against a child and leaves many women with lifelong regret and feelings of guilt and loss. Far from empowering women, abortion has reduced privileged women to serving as economic drudges to abortion-friendly corporations. “Pro-choice” culture pressures poor and minority women to regard abortion as liberating and presents childbearing as against their interests. These are some of the arguments in Anderson and DeSanctis’ book, Tearing Us Apart: How Abortion Harms Everything and Solves Nothing (Regnery Publishing, 2022).  This is an unabashedly pro-life book. It portrays abortion—from what happens to the child and mother during an abortion to the way that the pro-abortion jurisprudence of the Roe Era of 1973-2022 led even supposedly conservative Supreme Court justices to misread the Constitution. The authors argue that pro-abortion legal arguments have range

One of the most fiercely debated issues of this era is what to do about "bad" speech, hate speech, disinformation, propaganda campaigns, incitement of violence on the internet, and, in particular, speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy (Oxford University Press, 2022), Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight a

Blame seems both morally necessary and morally dicey. Necessary, because it appears to be a central part of holding others to account for wrongdoing. Dicey, because – in its standard forms – blame involves the expression of anger and aims to harm its target. What’s more, our blaming practices appear to presuppose a kind of freewill that some argue is implausible. In any case, we are aware of the ways in which blaming can go wrong. Are we ever justified in blaming others? In The Problem of Blame: Making Sense of Moral Anger (Cambridge University Press 2022), Kelly McCormick defends blame. She develops a novel theory of how agents can deserve a certain kind of blame and answers a range of skeptical views that hold that, as the relevant concept of desert should be jettisoned, no one deserves blame. Along the way, McCormick introduces a range of insightful methodological considerations that help us navigate the debate. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn mo

Though human rights monitors talk of fact-finding missions and reports, human rights facts are, like all social phenomena, not in fact found but made — through processes by which we come to know and talk about them. But how exactly does that happen? And how, by attending to these processes, might we arrive at a more robust understanding of human rights facts? These are the kinds of questions animating Ken MacLean’s new book, Crimes in Archival Form: Human Rights, Fact Production and Myanmar (University of California Press, 2022). In this episode Ken joins New Books in Southeast Asian Studies to explore some of the answers he arrived at after years of research on the complexities of human rights fact production about crimes against humanity in eastern Myanmar, or Burma, and to discuss how it is possible to cast a critical eye over how human rights facts are made and not only remain engaged in causes for human rights, but to make them even stronger at a time that human rights facts are sorely tested, and the tr

At Crosstown Clinic, doctors are turning addiction treatment on its head: they’re prescribing heroin-users the very drug they’re addicted to. This is the story of one clinic’s quest to remove the harms of addiction, without removing the addiction itself. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Imagine reading or watching The Minority Report and thinking of that as a model for the criminal justice system. Well, plenty of forensic types are doing just that. Can you figure out if you are a criminal by scanning your brain? On this episode of Darts and Letters, guest-host Jay Cockburn and our guests explore the study of the criminal mind, from the history of madness, to spotty personality tests, to the emerging neuroscientific frontier. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more a

What does gentrification look like? Can we even agree that it is a process that replaces one community with another? It is a question of class? Or of economic opportunity? Who does it affect the most? Is there any way to combat it? In Gentrification is Inevitable and Other Lies (Verso, 2022), Leslie Kern travels from Toronto, New York, London, Paris, and San Francisco and scrutinises the myth and lies that surround this most urgent urban crisis of our times. First observed in 1950s London, and theorised by leading thinkers such as Ruth Glass, Jane Jacobs and Sharon Zukin, this devastating process of displacement now can be found in every city and most neighbourhoods. Beyond the Yoga studio, farmer’s market and tattoo parlour, gentrification is more than a metaphor, but impacts the most vulnerable communities. Kern proposes an intersectional way of looking at the crisis that seek to reveal the violence based on class, race, gender, and sexuality. She argues that gentrification is not natural. That it cannot be

With much existing research on migration focusing on the Global North—like Europe and the US—Pugh’s The Invisibility Bargain: Governance Networks and Migrant Human Security (Oxford UP, 2021) shifts the focus to the Global South, which hosts 86% of refugees. With particular attention to Ecuador and other parts of Latin America, The Invisibility Bargain approaches questions of governance, human security, and international politics with an eye towards how both state and non-state actors enforce an “invisibility bargain,” wherein migrants must stay politically and socially invisible in order to remain welcome. Drawing on over 170 interviews, 15 months of fieldwork, and discourse analysis of over 400 presidential speeches and 800 Ecuadorian news stories, The Invisibility Bargain will be of great interest to those in Latin American Studies, Migration Studies, Sociolegal Studies, and Political Science. Dr. Jeffrey Pugh is Associate Professor in the Department of Conflict Resolution, Human Security, & Global Governan

In this episode of High Theory, Erin McElroy talks with Nathan Kim about Property Technology. This is the first episode in the High Theory in STEM series, that tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. Not only is “property technology” a term for digital tools and other methods used by landlords to track and dispossess tenants, but property itself is a technology. In the episode, Nathan references Erin’s article “Property as Technology,” in which they write that "property itself has long served as a technology of racial dispossession, constituting a palimpsest for the contemporary gentrifying moment." You can read the whole article here: McElroy, Erin. "Property as technology: temporal entanglements of race, space, and displacement." City 24, no. 1-2 (2020): 112-129. Erin McElroy is an assistant professor in American Studies at UT Austin, a co-founder of the Anti-Eviction Mapping Project, and an editor of the Radical Housing Journal. They are figh

Dr. Charles Smith performed autopsies at the Hospital for Sick Children in Toronto, ON. The cops kept turning to him with new corpses, and he kept claiming that these deaths were the result of foul play. He was thought of as a God in his field–few people were willing to question his work. That is until a 2008 inquiry, which found evidence of errors in 20 of the 45 autopsies they reviewed. Dr. Smith’s judgements played a role in 13 wrongful convictions. On this episode, we tell one of those stories. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact

Using rare grassroots archives, Tiger, Tyrant, Bandit, Businessman: Echoes of Counterrevolution from New China (Stanford UP, 2022) dives deep into four true criminal cases during the political campaign to suppress counterrevolutionaries of the People’s Republic of China from 1949 to 1953. The first casefile recounted a story of a Confucian scholar who found himself allied with bandits and secret society members. The second casefile was on an assassination of a Communist cadre by a farmer, who was condemned as a landlord and an evil tyrant by the Party. The third casefile was about how the two runaway landlords avoided prosecution of the Party-state by exploiting relative and religious networks in local community. The fourth casefile was on a hapless merchant who accused of a crime he did not commit. Read collectively, the book shows how the newly-established Party-state brought its power to village society. More importantly, the book persuasively demonstrates that the rural revolution could only be understood

When it comes to complex social problems, us “sensible” types turn to the experts, but what if they don’t actually know what they’re talking about? That happens to be the case with many forensic experts. Blood spatter, ballistics, hand-writing analysis, fingerprints, etc. They aren’t Gods, they aren’t magicians, they ain’t anything like what you see on CSI. In fact, they get things terribly wrong; and when they do, the consequences can be catastrophic. We’ll reveal the crisis in forensic expertise, and look for ways to fix it, featuring the American lawyer falsely arrested for the 2004 Madrid bombings because of a fingerprint. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get co

This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice (Cambridge UP, 2013), which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts.  This podcast will review both the first edition of the Encyclopedia of Transitional Justice and preview the second edition, forthcoming in March 2023. We explore new country entries, an e

In the 1960s and 1970s, the exposure of Big Tobacco’s aggressive lobbying and internal efforts to obscure science showcasing the harmful effects of smoking changed U.S. public opinion of the industry and of product safety protocols, both of which had largely obscured these harms from public view for decades. Public awareness grew, triggering regulation on disclosure related to political influencing strategies, marketing tactics, and transparency regarding the devastating toll of tobacco products on many communities, including and especially children. As similar approaches to assessing the public health impacts of Big Oil and Big Pharma, among other industries, have gained traction in recent decades, Dr. Mélissa Mialon’s new book, Big Food & Co (Thierry Souccar Editions, 2021), adds the amalgamation of multinationals and transnational supply chains that make up Big Food, to that list. Rising health inequities across race, class, and geography are subtle, yet central themes throughout Dr. Mialon’s meticulous ac

Adrienne Buller (The Value of a Whale) and Mathew Lawrence (Planet on Fire) have penned a radical manifesto for the transformation of post-pandemic politics: Owning the Future: Power and Property in an Age of Crisis (Verso, 2022). The question of ownership is the critical fault line of our times. During the pandemic this issue has only become more divisive. Since March 2020 we have witnessed the extraordinary growth of asset manager capitalism and the explosive concentration of wealth within the hands of the already super-rich. This new oligarchy controls every part of our social and economics lives. In the face of crisis, the authors warn that mere redistribution within current forms of ownership is not enough; our goal must be to go beyond the limits of the current system, dominated by private enclosure and unequal ownership. Only by reimagining how our economy is owned and by whom can we address the crises of our time - from the fallout of the pandemic to ecological collapse - at their roots. Building from

Today’s Postscript (a special series that allows scholars to comment on pressing contemporary issues) focuses on the US Supreme Court and the Second Amendment. It is hard to exaggerate the extent to which the most recent term of the U.S. Supreme Court changed the substance of the laws Americans live by and the method by which the Court determines whether a law is unconstitutional. The Court upended 50 years of abortion jurisprudence, challenged laws that govern tribal sovereignty, and undercut the power of Congress to make and implement laws regarding climate change. The abortion ruling in Dobbs v. Jackson consumed much of the press coverage and public outrage but our podcast conversation focuses New York State Rifle & Pistol Association v. Bruen. The Supreme Court not only overturned a century-old statute regulating the concealed carrying of guns in public – it changed the rules for determining what is or is not protected by the US Constitution under the Second Amendment. The podcast engages the relationship

Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland (Brepols, 2022) offers a fresh look at the legal status of minorities in English Ireland. Through a detailed analysis of case studies gleaned from medieval court rolls, Stephen Hewer challenges the prevailing narrative of wholesale ethnic discrimination and presents a nuanced picture of intersectional identities, strategies of negotiation, and evolving tensions between legal principle and practice. The notion that all Gaelic peoples were immediately and ipso facto denied access to the English royal courts in Ireland, upon the advent of the English in 1167, has become so accepted in academic and popular histories of Ireland that it is no longer questioned. This book tackles this narrative of absolute ethnic discrimination in thirteenth- and early fourteenth-century English Ireland on the basis of a thorough re-examination of the Irish plea rolls. A forensic study of these records reveals a great deal of variati

How do competing interests shape public policy? Why are the economic interests and priorities of lower-, working-, and middle-class Americans often neglected while the interests and priorities of wealthier Americans are often front and center for the U.S. Congress? Previous work in political science has highlighted income disparity or the importance of agenda setting but Hijacking the Agenda: Economic Power and Political Influence (Russell Sage Foundation, 2021) unpacks HOW business interests and wealthy individuals shape public policy to their benefit by “hijacking the agenda” away from the interests of average Americans. Witko, Morgan, Kelly, and Enns focus on the speech of elected representatives as recorded in the Congressional Record. Their remarkable Congressional Rhetoric Database codes speech from 1995 to 2016. Using an integrated, multi-method research design, they conclude that the interplay between two types of power – structural and kinetic – give wealthy interests considerable influence over the