New Books In Law

Dr. Sofia Stolk’s The Opening Statement of the Prosecution in International Criminal Trials: A Solemn Tale of Horror (Routledge, 2021) addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. Dr. Stolk aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. This book aims to magnify the story of the opening statement where it becomes ambiguous, circular, repetition, self-referential, incomplete, and inescapable. It aims to uncover the specificities of a discourse that is built on and rebuilds paradoxes, to illuminate some of the

Today’s Postscript uniquely engages abortion politics by addressing structural political issues (voter suppression, gerrymandering, dilutions of minority voting, obstacles to women registering their positions politically), inconsistencies in Justice Samuel Alito’s majority draft, the ascent of the medical profession, the intersection of race, gender, and religion, narratives of morality, the genesis of white evangelical opposition, myths created by popular culture and abortion stereotypes, and more. Dr. Lilly J. Goren (Professor of Political Science and Global Studies at Carroll University), Dr. Rebecca Kreitzer (Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill), Dr. Andrew R. Lewis (Associate Professor of Political Science at the University of Cincinnati), Dr. Candis Watts Smith (Associate Professor of Political Science at Duke University and co-host of the Democracy Works Podcast) and Dr. Joshua C. Wilson (Professor

Prisons operate according to the clockwork logic of our criminal justice system: we punish people by making them “serve” time. The Cage of Days: Time and Temporal Experience in Prison (Columbia UP, 2022) combines the perspectives of K. C. Carceral, a formerly incarcerated convict criminologist, and Michael G. Flaherty, a sociologist who studies temporal experience. Drawing from Carceral’s field notes, his interviews with fellow inmates, and convict memoirs, this book reveals what time does to prisoners and what prisoners do to time. Carceral and Flaherty consider the connection between the subjective dimensions of time and the existential circumstances of imprisonment. Convicts find that their experience of time has become deeply distorted by the rhythm and routines of prison and by how authorities ensure that an inmate’s time is under their control. They become obsessed with the passage of time and preoccupied with regaining temporal autonomy, creating elaborate strategies for modifying their perception of t

Our contemporary political condition is obsessed with immunity. The immunity of bodies and the body politic; personal immunity and herd immunity; how to immunize the social system against breakdown. The obsession intensifies with every new crisis and the mobilization of yet more powers of war and police, from quarantine to border closures and from vaccination certificates to immunological surveillance.  Engaging four key concepts with enormous cultural weight – Cell, Self, System and Sovereignty – The Politics of Immunity: Security and the Policing of Bodies (Verso, 2022) moves from philosophical biology to intellectual history and from critical theory to psychoanalysis to expose the politics underpinning the way immunity is imagined. At the heart of this imagination is the way security has come to dominate the whole realm of human experience. From biological cell to political subject, and from physiological system to the social body, immunity folds into security, just as security folds into immunity. The boo

Analyzing the spread and survival of Islamic legal ideas and commentaries in the Eastern Mediterranean and the Indian Ocean littorals, Islamic Law in Circulation: Shafi'i Texts across the Indian Ocean and the Mediterranean (Cambridge University Press, 2022) focuses on Shāfiʿīsm, one of the four Sunnī schools of Islamic law. It explores how certain texts shaped, transformed and influenced the juridical thoughts and lives of a significant community over a millennium in and between Asia, Africa and Europe. By examining the processes of the spread of legal texts and their roles in society, as well as thinking about how Afrasian Muslims responded to these new arrivals of thoughts and texts, Mahmood Kooria weaves together a narrative with the textual descendants from places such as Damascus, Mecca, Cairo, Malabar, Java, Aceh and Zanzibar to tell a compelling story of how Islam contributed to the global history of law from the thirteenth to the twentieth century. Mahmood Kooria is a researcher at Leiden University (

Mark V. Tushnet's book The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 (Cambridge UP, 2022) describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation. William Domnarski i

Eve Ng’s new book Cancel Culture: A Critical Analysis (Palgrave Macmillan, 2022), examines the phenomenon of "cancel culture" from a critical media studies perspective, as both cancel practices (what people and institutional actors do) and cancel discourses (commentary about cancelling). Ng traces multiple lines of origins for cancel practices and discourses, in the domains of Black communicative practices (e.g. cancelling relationship to "dissing"), celebrity and fan cultures, consumer culture (especially around consumer nationalist cancellings), and national politics (U.S. conservative criticisms of cancelling, and nationalist cancelling events in mainland China). Her analysis moves beyond popular press accounts about the latest targets of cancelling or familiar free speech debates, and underscores the different configurations of power associated with “cancel culture” in specific cultural and political contexts. Louisa Hann recently attained a PhD in English and American studies from the University of Manch

In Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022), five women discuss their experiences of being manipulated into serious long-term relationships with undercover police officers. Through detective work and campaigning, these ‘spycops’ victims uncovered a hitherto-unknown practice whereby police officers were deployed for multiple years to surveil and report on activist groups. Many of these officers formed long-term intimate relationships with female activists; several also fathered children. The Metropolitan Police acknowledged in 2015 that these relationships were “a violation of the women’s human rights, an abuse of police power and caused significant trauma”. Yet the extent to which such long-term undercover deployment continues today is unknown. Since 1968, more than one thousand groups have been surveilled by undercover officers, with dozens of women deceived into relationships in the process. The vast majority of groups infiltrated were left

How Amazon combined branding and relationship marketing with massive distribution infrastructure to become the ultimate service brand in the digital economy. Amazon is ubiquitous in our daily lives—we stream movies and television on Amazon Prime Video, converse with Alexa, receive messages on our smartphone about the progress of our latest orders. In Buy Now: How Amazon Branded Convenience and Normalized Monopoly (MIT Press, 2022), Emily West examines Amazon's consumer-facing services to investigate how Amazon as a brand grew so quickly and inserted itself into so many aspects of our lives even as it faded into the background, becoming a sort of infrastructure that can be taken for granted. Amazon promotes the comfort and care of its customers (but not its workers) to become the ultimate service brand in the digital economy. Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology Learn more about your ad choices. Visit megaphone.fm/adc

In this timely book, award-winning journalist and longtime Hong Konger, Louisa Lim, weaves together Hong Kong's fraught political and social history with her own first hand account of the spirit of an indelible city. In her latest book, Indelible City: Dispossession and Defiance in Hong Kong, published by Riverhead Books in April 2022, Lim reflects on attempts at the erosion of Hong Kong identity, to be replaced with a future that Beijing seeks to impose. Since the British takeover in 1842, through to the tumultuous period of political upheaval to 2020,  Lim weaves the personal stories of local Hong Kongers to provide an authentic, textured account of a place, its people and a spirit which continues to endure.  Long-time Hong Konger Lousia Lim is a Senior Lecturer in audio-visual journalism, culture and communication at The University of Melbourne. She spent many years as a journalist in Hong Kong and China. Her first book, The People's Republic of Amnesia: Tiananmen Revisited, was shortlisted for the Orwell

Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. Raymond Kwun-Sun Lau's book Responding to Mass Atrocities in Africa: Protection First and Justice Later (Routledge, 2021) provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a 'Protection First, Justice Later' sequence approach is nece

Artificial intelligence, or AI for short, has generated a staggering amount of hype in the past several years. Is it the game-changer it's been cracked up to be? If so, how is it changing the game? How is it likely to affect us as customers, tenants, aspiring homeowners, students, educators, patients, clients, prison inmates, members of ethnic and sexual minorities, and voters in liberal democracies? Authored by experts in fields ranging from computer science and law to philosophy and cognitive science, A Citizen's Guide to Artificial Intelligence (MIT Press, 2022) offers a concise overview of moral, political, legal and economic implications of AI. It covers the basics of AI's latest permutation, machine learning, and considers issues such as transparency, bias, liability, privacy, and regulation. Both business and government have integrated algorithmic decision support systems into their daily operations, and the book explores the implications for our lives as citizens. For example, do we take it on faith t

Legal precarity, mobility, and the criminalization of migrants complicate the study of forced migration and exile. Traditional methodologies can obscure both the agency of displaced people and hierarchies of power between researchers and research participants. This project critically assesses the ways in which knowledge is co-created and reproduced through narratives in spaces of displacement, advancing a creative, collective, and interdisciplinary approach.  Documenting Displacement: Questioning Methodological Boundaries in Forced Migration Research (McGill-Queen's UP, 2022) explores the ethics and methods of research in diverse forced migration contexts and proposes new ways of thinking about and documenting displacement. Each chapter delves into specific ethical and methodological challenges, with particular attention to unequal power relations in the co-creation of knowledge, questions about representation and ownership, and the adaptation of methodological approaches to contexts of mobility. Contributors

Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974. The Long Land War: The Global Struggle for Occupancy Rights (Yale UP, 2022) provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship be

Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!: Why Data Security Law Fails and How to Improve It (Oxford UP, 2022), Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself. Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, dev

It’s no secret that the United States has the most expansive prison system of any nation in the world. And the US carceral system overwhelmingly and unjustly impacts Black and Brown individuals and communities. With postwar efforts to dismantle Jim Crow policies, our era of mass incarceration reproduced the old logics of white supremacism that uphold racist capitalism in this new setting. These are the things we know. But in his book, Silent Cells: The Secret Drugging of Captive America (U Minnesota Press, 2019), Professor Anthony Hatch observes a feature of mass incarceration essential to its everyday function that many of us had never considered: the large-scale, persistent use of psychotropic drugs, including antipsychotics and antidepressants, not for medical care but rather to control the behavior of incarcerated people. Making a persuasive claim drawn from his training in STS and sociology, Hatch observes how the drugs are used at the level of individual brain chemistry to commit “soul murder” with enor

The attacks of 9/11 changed the course of the global counter-terrorism order which has entrenched a system of global governance. This institutional creep is arguably eroding national borders, spheres of domestic governance, human rights, and seeps into the daily lives of ordinary citizens in largely unforeseen aspects. Perhaps just as alarming, there is limited accountability on the part of either international institutions, state or private actors of who are instigators in this ever-expansive transnational counter-terror framework.  In this conversation, Professor Fiona de Londras and I discuss these and other issues in her latest book, The Practice and Problems of Transnational Counter-Terrorism, published by Cambridge University Press in 2022. This is serious stuff, which is relevant to international lawyers, constitutional law experts, human rights activists and anyone who is concerned about the implications of the expanding sphere of the institution of transnational counter-terrorism and how it impacts t

Race is the subject of passionate and increasingly angry debate. But amidst all the talk of unconscious bias it’s an area into which many fear to tread. In this podcast Professor McWhorter of Colombia University outlines his sometimes controversial views on these issues and explains why he wants to debate them in public. His latest book is Woke Racism: How a New Religion Has Betrayed Black America (Portfolio, 2021). 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

NB: This interview contains explicit language. In Banning Transgender Conversion Practices: A Legal and Policy Analysis (U British Columbia Press, 2022), bioethicist and jurist Florence Ashley historicizes recent developments in bans on transgender conversion practices, explains the legal implications of various conversion therapy bans, and argues for implementation that comes alongside education and action by professional orders. This book would be of great interest to sociolegal scholars, policymakers, those working in healthcare, and scholars simply seeking to further understand the enactment of bans on transgender conversion practices. Survivors of conversion practices – interventions meant to stop gender transition – have likened the process to torture. Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approac

Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights (U Texas Press, 2021) analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values. Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the publi