New Books In Law

Why have conservatives decried 'activist judges'? And why have liberals - and America's powerful legal establishment - emphasized qualifications and experience over ideology? The Judicial Tug of War: How Lawyers, Politicians, and Ideological Incentives Shape the American Judiciary (Cambridge UP, 2020) tackles these questions with a new framework for thinking about the nation's courts, 'the judicial tug of war', which not only explains current political clashes over America's courts, but also powerfully predicts the composition of courts moving forward. As the text demonstrates through novel quantitative analyses, a greater ideological rift between politicians and legal elites leads politicians to adopt measures that put ideology and politics front and center - for example, judicial elections. On the other hand, ideological closeness between politicians and the legal establishment leads legal elites to have significant influence on the selection of judges. Ultimately, the judicial tug of war makes one point cl

The Epicurean Republic is based on an in-depth filmed conversation between Howard Burton and award-winning author and independent scholar Matthew Stewart. In his later years, Thomas Jefferson referred to “the revolutionary part of the [American] Revolution”, which for him meant the founding ideals that would serve as a model for the world on how to build a modern state, as opposed to an incidental squabble between one country and its former colonists. This wide-ranging conversation explores how many of these ideals that Jefferson referred to are part of an intellectual thread that passes through key Enlightenment thinkers such as Spinoza and can be traced all the way back to Epicurus. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On 16 August 2021, Muhyiddin Yaseen resigned as Prime Minister of Malaysia, with Ismail Sabri Yaakub sworn in as the new Prime Minister a week later, making him Malaysia’s third Prime Minister in two years. This marked the return to power of UMNO, or the United Malays National Organisation, and the graft-tainted coalition that had been ousted from power in 2018. Meanwhile, another former Prime Minister, Najib Razak, is eyeing a return to Parliament, notwithstanding a conviction and 12-year prison sentence for abuse of power and ongoing trials for corruption. His wife Rosmah Mansur is also now facing three corruption charges. Associate Professor Salim Farrar joins Dr Natali Pearson on SSEAC Stories to talk about corruption and the politics of public prosecution in Malaysia, surveying the landscape of law and justice in Malaysia now and beyond, through a re-evaluation of Vision 2020. About Salim Farrar: Salim Farrar is Director of Islamic Law, an Associate Director of the Centre for Asian and Pacific Law at the

Simon Egbert and Matthias Leese's Criminal Futures: Predictive Policing and Everyday Police Work (Routledge, 2020) explores how predictive policing transforms police work. Police departments around the world have started to use data-driven applications to produce crime forecasts and intervene into the future through targeted prevention measures. Based on three years of field research in Germany and Switzerland, this book provides a theoretically sophisticated and empirically detailed account of how the police produce and act upon criminal futures as part of their everyday work practices. The authors argue that predictive policing must not be analyzed as an isolated technological artifact, but as part of a larger sociotechnical system that is embedded in organizational structures and occupational cultures. The book highlights how, for crime prediction software to come to matter and play a role in more efficient and targeted police work, several translation processes are needed to align human and nonhuman actor

Don F. Selby’s Human Rights in Thailand (U Pennsylvania Press, 2018) is a rich anthropological study of the emergence of human rights in Thailand at a national scale following the adoption of the 1997 “People’s Constitution” and establishment of the Human Rights Commission of Thailand. The book argues that what gave emergent human rights in Thailand their shape, force, and trajectories are the ways that advocates engaged, contested, or reworked debates around Buddhism in its relationship to rule and social structure; political struggle in relation to a narrative of Thai democracy that disavowed egalitarian movements; and traditional standards of social stratification and face-saving practices. In this way, human rights ideals in Thailand emerge less from global-local translation and more as a matter of negotiation within everyday forms of sociality, morality, and politics. Nicholas Bequelin is a human rights professional with a PhD in history and a scholarly bend. He has worked about 20 years for Human Rights

In 1917, the adoption of the revolutionary Mexican Constitution and the October Revolution shook the foundations of international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, particularly to foundational concepts of property, statehood and non-intervention, and the role of law itself.  Revolutions in International Law: The Legacies of 1917 (Cambridge UP, 2021) asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle, global anti-imp

When Americans talk about guns, they often use terms like “gun rights” or “gun control.” They also tend to separate gun politics and the politics of the police. In Policing and the Second Amendment: Guns, Law Enforcement, and the Politics of Race (Princeton University Press, 2021), Jennifer Carlson identifies the inaccuracies of both. She provides two alternative narratives of American “gun talk” -- gun militarism and gun populism -- that clarify the stakes in today’s gun debates.. Based on her extensive research – using local and national newspapers, interviews with police chiefs, and observations made at gun licensing boards – she insists these two discourses reveal how race shapes both how gun politics unfold and how gun policies are created to differentiate between legitimate violence and criminal violence. Coercive social control is organized by racialized understandings of gun violence. Carlson demonstrates the roles that the NRA, police chiefs, and gun administrators play in distinguishing the boundari

In Clustered Injustice and The Level Green (Legal Action Group, 2020), Professor Luke Clements tackles the problem of the way in which "our legal system generates and exacerbates disadvantage." Examining the interconnectedness of disadvantage faced by many minorities - such as people who are homeless, Roma, Gypsies and Travelling people, disabled people, those within the criminal justice system, people who are chronically poor and more - he makes an argument that law segregates individuals' problems into isolated incidences, but rather than solving problems, this segregation exacerbates disadvantage. Injustice is clustered, it is interconnected and law, policy and bureaucracies'  failure to recognise this keeps people in positions of relative disadvantage and limits their opportunities to flourish in their own conception of the good life.  However, it is not all bad news. building on a wealth of professional experience and theoretical insight, Luke offers a roadmap for reform. He seeks to imagine a better sys

There is romance in stealing from the rich to give to the poor, but how does that change when those perceived rich are elderly white North Americans and the poor are young Black Jamaicans? In this innovative ethnography, Jovan Scott Lewis tells the story of Omar, Junior, and Dwayne. Young and poor, they strive to make a living in Montego Bay, where call centers and tourism are the two main industries in the struggling economy. Their experience of grinding poverty and drastically limited opportunity leads them to conclude that scamming is the best means of gaining wealth and advancement. Otherwise, they are doomed to live in “sufferation”—an inescapable poverty that breeds misery, frustration, and vexation. In the Jamaican lottery scam run by these men, targets are told they have qualified for a large loan or award if they pay taxes or transfer fees. When the fees are paid, the award never arrives, netting the scammers tens of thousands of U.S. dollars. Through interviews, historical sources, song lyrics, and

Quest for Freedom is based on an in-depth filmed conversation between Howard Burton and intellectual historian Quentin Skinner, Barber Beaumont Professor of the Humanities at Queen Mary University of London. Quentin Skinner is considered to be one of the founders of the Cambridge School of the history of political thought. This thoughtful, detailed conversation examines how Quentin Skinner came to appreciate the importance of the distinction between the modern view of freedom and the so-called neo-Roman view, together with what it implies for our current and future political understanding. Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How did reproductive justice—defined as the right to have children, to not have children, and to parent—become recognized as a human rights issue? In Reproductive Rights as Human Rights: Women of Color and the Fight for Reproductive Justice (New York University Press, 2020), Zakiya Luna highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. Focusing on SisterSong, an intersectional reproductive justice organization, Luna shows how, and why, women of color mobilized around reproductive rights in the domestic arena. She examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States, a country hostile to the concept of human rights at home. An indispensable read, Reproductive Rights as Human Rights provides a much-needed intersectional perspective on the modern-day reproductive justice movement. Dr. Nicole Bourbonnais is an Associa

How has the use of big data and algorithms changed policing and police surveillance? On this episode, we speak with Dr. Sarah Brayne, Assistant Professor of Sociology at the University of Texas at Austin, about her new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2020). She explains how an interest in mass incarceration led her to study police surveillance and eventually do ethnographic research with the LAPD. She describes how her gender and status as potential “pencil geek” affected how police officers responded to her, and how officers themselves had mixed responses to the use of big data and algorithms in policing. She then talks about her ongoing relationships with research participants and the most impactful experiences in her fieldwork with police that didn’t make her book: the sadness of repeatedly dealing with people who are having the worst days of their life. Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is

Political Scientist Renee Ann Cramer’s newest book Birthing a Movement tells the stories of American midwives and their battle for reproductive rights, legal intervention, and mobilization. This book is grounded in over a decade’s worth of empirical and qualitative data that illustrates the ways that gender, state regulations, health policy, law, and social movements intersect within the profession and advocation of midwives. Cramer uses the power of the personal narrative to expose the patchwork and fragmented nature of reproductive care in the United States, with a particular focus on the way that midwives do and don’t fit into the birthing process. Birthing a Movement: Midwives, Law, and the Politics of Reproductive Care (Stanford UP, 2021) examines the legal and regulatory morass that certified professional midwives (CPM) face across the United States. Cramer explains the distinctions between CPM and certified nurse midwives (CNM) and how these two groups of differently trained midwives are differently tr

Firepower: How the NRA Turned Gun Owners into a Political Force (Princeton, 2021) explores the scope and power of one of America’s most influential interest groups. Despite widespread public support for stricter gun control laws, the National Rifle Association has consistently managed to defeat or weaken proposed regulations. Firepower provides an unprecedented look at how this controversial organization built its political power and how it has deployed it on behalf of its pro-gun agenda. Taking readers from the 1930s to the age of Donald Trump, Matthew Lacombe traces how the NRA’s immense influence on national politics arises from its ability to shape the political outlooks and actions of its followers. He draws on nearly a century of archival records and surveys to show how the organization has fashioned a distinct worldview around gun ownership and used it to mobilize its supporters. Lacombe reveals how the NRA’s cultivation of a large, unified, and active base has enabled it to build a resilient alliance

Nada Moumtaz’s God’s Property: Islam, Charity, and the Modern State (University of California Press, 2021) is an ethnography anchored in deep study of the Muslim scholarly tradition, the urban landscape, and Lebanon across the Ottoman, Mandate, and post-independence periods. At the center of the book is the waqf, often translated as “pious endowment.” An act and a practice exhibiting or embodying both change and stability since the nineteenth century, the waqf allows Moumtaz to reinterpret major categories in anthropology, Islamic legal studies, and history, including charity, family, the economy, the public and private, and the state. This is the second New Books Network interview devoted to this much-anticipated book, a careful, wide-ranging, and ambitious work poised to influence conversations in multiple disciplines. Interviewers: Janna Aladdin and Julian Weideman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supporti

In Re-Union: How Bold Labor Reforms Can Repair, Revitalize, and Reunite the United States (Cornell UP, 2021), David Madland explores how labor unions are essential to all workers. Yet, union systems are badly flawed and in need of rapid changes for reform. Madland's multilayered analysis presents a solution--a model to replace the existing firm-based collective bargaining with a larger, industry-scale bargaining method coupled with powerful incentives for union membership. These changes would represent a remarkable shift from the norm, but would be based on lessons from other countries, US history and current policy in several cities and states. In outlining the shift, Madland details how these proposals might mend the broken economic and political systems in the United States. He also uses three examples from Britain, Canada, and Australia to explore what there is yet to learn about this new system in other developed nations. Madland's practical advice in Re-Union extends to a proposal for how to implement t

Dr. Robert J. Spitzer’s classic text, The Politics of Gun Control: 8th Edition (Routledge, 2020), has been revised based on new data on gun ownership and use. Dr. Spitzer insightfully interrogates the impact of gun politics on the 2018 elections, new research on the history of American gun laws, and controversies over the geography of guns -- where and when they can be carried and whether they can be concealed. The podcast conversation digs into new findings on elections, public opinion, single-issue voting, the parallel histories of gun rights/regulations, and the changing profiles and strategies of gun safety groups. Dr. Spitzer provides insights on the upcoming midterm elections, forecasts what is at stake in the upcoming Supreme Court case, NYS Gun & Pistol v. Bruen, and provides a reminder that federalism can never be far from any case analysis in American politics. Dr. Robert J. Spitzer is a Distinguished Service Professor of Political Science at the State University of New York at Cortland. Trained by

Hate speech can happen anywhere - in Charlottesville, Virginia, where young men in khakis shouted, "Jews will not replace us"; in Myanmar, where the military used Facebook to target the Muslim Rohingya; in Cape Town, South Africa, where a pastor called on ISIS to rid South Africa of the "homosexual curse." In person or online, people wield language to attack others for their race, national origin, religion, gender, gender identity, sexual orientation, age, disability, or other aspects of identity. Caitlin Ring Carlson's Hate Speech (MIT Press, 2021) examines hate speech: what it is, and is not; its history; and efforts to address it. Marci Mazzarotto is an Assistant Professor of Digital Communication at Georgian Court University in New Jersey. Her research interests center on the interdisciplinary intersection of academic theory and artistic practice with a focus on film and television studies. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https:

Dilek Kurban’s Limits of Supranational Justice: The European Court of Human Rights and Turkey's Kurdish Conflict (Cambridge UP, 2020) considers the European Court of Human Rights’ (ECtHR) engagement with Turkey’s ongoing Kurdish conflict. Tracing the legal mobilization of Kurdish people alongside legal and political histories, Kurban’s work highlights the factors enabling ongoing violence in the Kurdish region. As Kurban argues, considering the effectiveness of supranational courts, like the ECtHR, in cases like that of Turkey invokes difficult questions about international human rights regimes. Limits of Supranational Justice contributes to studies of supranational courts and legal mobilization—as well as broader conversations about human rights—by pointing to new avenues of sociolegal inquiry alongside the broader sociohistoral context in the case of Turkey. Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn mo

Political Scientist John Dearborn’s new book, Power Shifts: Congress and Presidential Representation (U Chicago Press, 2021), weaves together three connected threads in the course of his analysis: the role and capacity of ideas to make political change, the evolution of the position and understanding of the President of the United States as a representative of the citizens of the United States, and the way in which congressional legislation also works to shift the constitutional or institutional relationship between Congress and the President. This is a propulsive book, which is not necessarily the norm for academic publications, and Dearborn keeps the reader engaged through fascinating details about legislation that Congress passes in the midst of the 20th century that not only sets up policy outcomes but also provides the president with the power to create those outcomes. Dearborn then traces the ways, in the latter part of the 20th century, in which Congress attempts to wrangle some of that power back from