New Books In Law

New Orleans district attorney Jim Garrison's decision to arrest Clay Shaw on March 1, 1967, set off a chain of events that culminated in the only prosecution undertaken in the assassination of John F. Kennedy. In the decades since Garrison captured headlines with this high-profile legal spectacle, historians, conspiracy advocates, and Hollywood directors alike have fixated on how a New Orleans–based assassination conspiracy might have worked. Cruising for Conspirators: How a New Orleans DA Prosecuted the Kennedy Assassination As a Sex Crime (Boundless South, 2021) settles the debate for good, conclusively showing that the Shaw prosecution was not based in fact but was a product of the criminal justice system's long-standing preoccupation with homosexuality. Tapping into the public's willingness to take seriously conspiratorial explanations of the Kennedy assassination, Garrison drew on the copious files the New Orleans police had accumulated as they surveilled, harassed, and arrested increasingly large number

The Malleability of Memory is based on an in-depth filmed conversation between Howard Burton and Elizabeth Loftus, a world-renowned expert on human memory and Distinguished Professor of Psychological Science; Criminology, Law, and Society; Cognitive Science and Law at UC Irvine. This extensive conversation covers her ground-breaking work on the misinformation effect, false memories and her battles with “repressed memory” advocates, the introduction of expert memory testimony into legal proceedings and the effect of DNA evidence on convincing judges of the problematic nature of eyewitness testimony. 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

With a focus on the court diversion of disabled people, Disability, Criminal Justice and Law: Reconsidering Court Diversion (Routledge 2020) undertakes a theoretical and empirical examination of how law is complicit in debilitating disabled people. In our post-institutionalisation era, diversion of disabled people from the court process is often assumed to be humane, therapeutic and socially just. However, in this work, Dr. Linda Steele draws on Foucauldian theory of biopolitics, critical legal and political theory, and critical disability theory to show that court diversion perpetuates oppression against disabled people. She shows how criminal law and mental health systems are complicit in the coercion and control of disabled bodies, of whom may not even be convicted. The normative function of court diversion is to reinforce boundaries which are at the core of jurisdiction, legal personhood and sovereignty. Steele critiques the United Nations Convention on the Rights of Persons with Disabilities to show that

There's a lot of hype about robots; some of it is scary and some of it utopian. In this accessible book, two robotics experts reveal the truth about what robots can and can't do, how they work, and what we can reasonably expect their future capabilities to be. It will not only make you think differently about the capabilities of robots; it will make you think differently about the capabilities of humans. Ruth Aylett and Patricia Vargas discuss the history of our fascination with robots—from chatbots and prosthetics to autonomous cars and robot swarms. They show us the ways in which robots outperform humans and the ways they fall woefully short of our superior talents. They explain how robots see, feel, hear, think, and learn; describe how robots can cooperate; and consider robots as pets, butlers, and companions. Finally, they look at robots that raise ethical and social issues: killer robots, sexbots, and robots that might be gunning for your job. Living with Robots: What Every Anxious Human Needs to Know (M

Robinson Woodward-Burns is the author of Hidden Laws: How the State Constitutions Stabilize American Politics, published by Yale University Press in 2021. Hidden Laws explores the relationship between both state and national constitutional development, debates, and reform. A sprawling study of American constitutional history, Woodward-Burns’s book shows how the federal government often deferred to state constitutional reform as a mechanism for dealing with national constitutional controversies. From banking to slavery, women’s suffrage to welfare, Woodward-Burns explores the myriad of ways constitutional controversies were debated and resolved in the United States. Woodward-Burns is an Assistant Professor at Howard University. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americ

Two plays about the legal battle to decriminalize homosexuality in India. On September 6, 2018, a decades-long battle to decriminalize queer intimacy in India came to an end. The Supreme Court of India ruled that Section 377, the colonial anti-sodomy law, violated the country’s constitution. “LGBT persons,” the Court said, “deserve to live a life unshackled from the shadow of being ‘unapprehended felons.’” But how definitive was this end? How far does the law’s shadow fall? How clear is the line between the past and the future? What does it mean to live with full sexual citizenship? In Love and Reparation: A Theatrical Response to the Section 377 Litigation in India (Seagull Books, 2021), Danish Sheikh navigates these questions with a deft interweaving of the legal, the personal, and the poetic. The two plays in this volume leap across court transcripts, affidavits (real and imagined), archival research, and personal memoir. Through his re-staging, Sheikh crafts a genre-bending exploration of a litigation bat

As governments and corporations mine our “entrenched culture of sharing” to invade privacy (down to Target creating an algorithm to figure out which shoppers are in the 2nd trimester of pregnancy) what happens to democracy? Can democracy survive with no (or very little privacy)? What if the citizenry cares little about privacy and or is unwilling to protect it? If surveillance is here to stay what are the prospects for individual autonomy? citizenship? democratic discussion and deliberation? Life after Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020) argues that we should not focus on protecting individual privacy; privacy is NOT “our best hope” for ensuring a “democratic future.” Instead, we should channel Hannah Arendt and focus on the public realm and how it supports political freedom. Dr. Firmin DeBrabander is a Professor of Philosophy at Maryland Institute College of Art and the author of two previous books: Do Guns Make Us Free?: Democracy and the Armed Society (Yale Universi

As governments and corporations mine our “entrenched culture of sharing” to invade privacy (down to Target creating an algorithm to figure out which shoppers are in the 2nd trimester of pregnancy) what happens to democracy? Can democracy survive with no (or very little privacy)? What if the citizenry cares little about privacy and or is unwilling to protect it? If surveillance is here to stay what are the prospects for individual autonomy? citizenship? democratic discussion and deliberation? Life after Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020) argues that we should not focus on protecting individual privacy; privacy is NOT “our best hope” for ensuring a “democratic future.” Instead, we should channel Hannah Arendt and focus on the public realm and how it supports political freedom. Dr. Firmin DeBrabander is a Professor of Philosophy at Maryland Institute College of Art and the author of two previous books: Do Guns Make Us Free?: Democracy and the Armed Society (Yale Universi

"El Chapo. The Untold Story of the World's Most Infamous Drug Lord" (Atria Books, 2021) is a stunning investigation of the life and legend of Mexican kingpin Joaquín Archivaldo “El Chapo” Guzmán Loera, building on Noah Hurowitz’s revelatory coverage for Rolling Stone of El Chapo’s federal drug-trafficking trial. This is the true story of how El Chapo built the world’s wealthiest and most powerful drug-trafficking operation, based on months’ worth of trial testimony and dozens of interviews with cartel gunmen, Mexican journalists and political figures, Chapo’s family members, and the DEA agents who brought him down. Over the course of three decades, El Chapo was responsible for smuggling hundreds of tons of cocaine, marijuana, heroin, meth, and fentanyl around the world, becoming in the process the most celebrated and reviled drug lord since Pablo Escobar. El Chapo waged ruthless wars against his rivals and former allies, plunging vast areas of Mexico into unprecedented levels of violence, even as many in his

Teri A. McMurtry-Chubb is the author of Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy, published by Lexington Books in 2021. Race Unequals takes a look at the complex relationship between enslavers and overseers in order to explore the ways in which the “white South” was not a monolithic identity, but one in which white male identity was constantly created, contested, and compromised over. By examining contracts, public law, and plantation management, McMurtry-Chubb shows how the plantation not only created one of the nation’s first class of managerial people, but how this system stymied upward mobility, created and controlled social boundaries, and furthered white supremacy. Teri A. McMurtry-Chubb is a Professor of Law and Associate Dean for Research and Faculty Development at the University of Illinois Chicago Law School. Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of B

Gene Slater's book Free to Discriminate: How the Nation's Realtors Created Housing Segregation and the Conservative Vision of American Freedom (Hayday Books, 2021) uncovers realtors' definitive role in segregating America and shaping modern conservative thought. Gene Slater follows this story from inside the realtor profession, drawing on many industry documents that have remained unexamined until now. His book traces the increasingly aggressive ways realtors justified their practices, how they successfully weaponized the word "freedom" for their cause, and how conservative politicians have drawn directly from realtors' rhetoric for the past several decades. Much of this story takes place in California, and Slater demonstrates why one of the very first all-white neighborhoods was in Berkeley, and why the state was the perfect place for Ronald Reagan's political ascension. The hinge point in this history is Proposition 14, a largely forgotten but monumentally important 1964 ballot initiative. Created and promo

In Child Sexual Abuse Inquiries and the Catholic Church: Reassessing the Evidence (Firenze UP, 2021), Dr Miller analyses empirical findings, methodologies and conclusions of the three main national inquiries (Irish, US, Australian) into child sexual abuse in the Catholic Church, and Church responses. Contrasts are drawn with overall media reporting of the problem, such as when abuse peaked, and current safe-guarding and its effectiveness in curbing child sexual abuse. Topics discussed include changing societal norms, cases like Cardinal Pell, church and public attitudes. Virginia Miller (PhD) is a research fellow with the Centre for Public and Contextual Theology, Charles Sturt University, Canberra. Her research work includes church-focused policy research into sexual abuse of children, elder abuse, euthanasia, and religious freedom. Her other books include A King and a Fool? The Succession Narrative as a Satire (Brill) Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, a

Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges--everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more--the government seems paralyzed and unable to act, the most recent example being Covid-19. It's the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. Jeanne Sheehan's book American Democracy in Crisis: The Case for Rethinking Madisonian Government (Palgrave Macmillian, 2021) explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right t

What is image-based abuse? Why has it been on the rise in Asia, especially amid the Covid-19 pandemic? What has been done to tackle the issue? Raquel Carvalho, Asia Correspondent for the South China Morning Post, shares the story of how a group of journalists across some Asian newsrooms collaborated in a months-long investigation and uncover the stories inside the online groups spreading stolen sexual images of women and children, how the victims are struggling to have such content removed from online platforms, and how sextortion syndicates in Asia and Africa are raking in millions from targets around the world. In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, the Portuguese journalist currently based in Hong Kong tells about why the cases of women threatened with the release of their intimate photos or videos have increased in recent years, how this type of abuse tears the victims’ lives apart, and how ill-equipped authorities are struggling to deal with

What does citizenship—an institution that has historically linked identity to place—mean in an age of globalization? This is the question that Atossa Araxia Abrahamian investigates in her planet-sprawling book The Cosmopolites: The Coming of the Global Citizen (Columbia Global Reports, 2015). One way Abrahamian answers that question is by examining elites shopping for passports in a global marketplace. But the question also pulls her deep into a grim passports-in-bulk scheme that offloaded stateless people in the oil-rich Persian Gulf to an impoverished island-state off the coast of East Africa (not every cosmopolite was so by choice). Abrahamian also finds an answer in the various ways activists have chipped away at the exclusions of citizenship and have striven for a more egalitarian, connected world. The Cosmopolites is an astute inquiry into how the rules of the interstate system—the assignment of citizenship by place of birth; border regimes that restrict the movement of people—produce strange, sometimes

Gender, and regulations of and discourses on it, have historically been a cornerstone of the conservative Christian belief system. The stance of the Catholic Church on feminism, for instance, has often been criticized for being reductive and exclusionary. As Christianity has exerted a profound influence on the government and principles of the United States from the time of its founding, in this modern age, it is natural to examine the extent of its influence on LGBTQ-related, and particularly trans-related legislation. In the fourth episode of our themed series Across the Rainbow, Dr. SJ Crasnow, Assistant Professor of Religious Studies at Rockhurst University, Kansas City, and author of the article “The Legacy of ‘Gender Ideology.” Dr. Crasnow talks to us about the current state of anti-trans legislation in the U.S., and the role played by conservative Christianity in shaping it. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetw

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwo

Few revolutions in economics have been as under-covered in general literature as the emergence and development of competition theory and policymaking. Political threats to break up the tech giants or restrain Russian gas pipelines make the headlines while academic lawyers churn out textbooks on 130 years of precedent and practicing lawyers test its limits. What has been missing is an up-to-date, general legislative and intellectual history of how and why politicians, lawyers, and economists in capitalist democracies decided they needed to step in and correct the market. Why did this happen first in the US in that crucial quarter-century preceding the first world war? The Foundations of Antitrust: Events, Ideas, and Doctrines by Gregory Werden (Carolina Academic Press, 2020) fills that gap, examines the overlaps between legal innovation and common law, and busts a few myths en route. From 1977 until his retirement in 2019, Gregory Werden worked in the Antitrust Division of the US Department of Justice – most r

Obligations: New Trajectories in Law (Routledge, 2021) critically analyses the role that obligations play in law and social ordering. As rights have become preeminent feature in modern societies, the work that obligations do has faded into the background. However, in his latest book, Professor Scott Veitch challenges the normative assumptions that shape law and social practices, and shows how obligations and practices of obedience are core to sustaining the inequalities faced by members of the global community. In doing so, Veitch explores the potential and enduring role that obligations have in furthering individual and collective well-being. He offers an alternative trajectory for the current crises faced by all citizens today, including environmental degradation and human inequality and injustice.  This is an important book. It will allow the reader to rethink the dominant model of human rights, and enable understandings of alternative complementary trajectories of obligations. An understanding of the univ

Despite, or perhaps because of, the fact that an enormous proportion of medical care worldwide is provided under the auspices of religious organizations, there has been a sustained and systematic campaign to drive out those with religious worldviews from the field of bioethics and indeed, from medicine itself. Obviously, this constitutes blatant discrimination against patients, the unborn, the elderly and the otherwise vulnerable and their families and faith-oriented medical providers and religiously-oriented bioethicists. But more importantly, the loss of a theological sensibility among scholars and providers and the consequent diminishment of fellow feeling for patients whose lives are suffused with religiosity is stripping away the foundations of compassion that religion has provided medicine since both entered the human scene. That is the thrust of the 2021 book, Losing Our Dignity: How Secularized Medicine is Undermining Fundamental Human Equality (New City Press, 2021) by the bioethicist and theologian