New Books In Law

In Among the Braves Hope, Struggle, and Exile in the Battles for Hong Kong and the Future of Global Democracy (Hachette, 2023) Shibani Mahtani and Timothy McLaughlin tell the story of Hong Kong's demise from Two Systems to One Country through the eyes of some of its key actors in the 2019 Anti-Extradition protests. In their richly evocative narrative, Mahtani and McLaughlin draw on their on-the-ground reporting, and weave this through a historical account to foreground the fight of the frontline protestors, referred to in Cantonese as "The Braves", who felt they had no other choice but to resist Beijing's increasingly authoritarian governance.  In this interview, we discussed the way that the changing political landscape of Hong Kong is demonstrative of the fragility of democratic institutions. We spoke about attempts by Beijing to erase historical memory through the imposition of increasingly draconian laws. Mahtani and McLaughlin will provide listeners with insight as to why Hong Kong matters, and why the r

Most accounts of post-1950s political history tell the story of of the war on drugs as part of a racial system of social control of urban minority populations, an extension of the federal war on black street crime and the foundation for the "new Jim Crow" of mass incarceration as key characteristics of the U.S. in this period. But as the Nixon White House understood, and as the Carter and Reagan administrations also learned, there were not nearly enough urban heroin addicts in America to sustain a national war on drugs.  The Suburban Crisis: White America and the War on Drugs (Princeton University Press, 2023) argues that the long war on drugs has reflected both the bipartisan mandate for urban crime control and the balancing act required to resolve an impossible public policy: the criminalization of the social practices and consumer choices of tens of millions of white middle-class Americans constantly categorized as "otherwise law-abiding citizens."" That is, the white middle class was just as much a target

Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency: Undercover Investigations in the Twenty-First Century (Cambridge University Press, 2023), Dr. Alan K. Chen and Dr. Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and

The role of mother is often celebrated in the United States as the most important job in the world but Dr. Caitlin Killian argues that American motherhood is increasingly monitored and perilous. From preconception, through pregnancy, and while parenting, she argues that women are held to ever-higher standards and punished – both socially and criminally – for failing to live up to these norms. Using historical accounts, public health pronouncements, social psychological research, and course cases, Failing Moms: Social Condemnation and Criminalization of Mothers (Polity Press, 2023) documents how women of all ethnic backgrounds and socioeconomic statuses have been interrogated, held against their will, and jailed for a rapidly expanding list of offenses such as falling down the stairs while pregnant or letting a child spend time alone in a park, actions that were not considered criminal a generation ago. While poor mothers and moms of color are targeted the most, Dr. Killian argues that all moms are in jeopardy

A provocative chronicle of how US public health has strayed from its liberal roots. The Covid-19 response was a crucible of politics and public health—a volatile combination that produced predictably bad results. As scientific expertise became entangled with political motivations, the public-health establishment found itself mired in political encampment. It was, as Sandro Galea argues, a crisis of liberalism: a retreat from the principles of free speech, open debate, and the pursuit of knowledge through reasoned inquiry that should inform the work of public health. Across fifty essays, Within Reason: A Liberal Public Health for an Illiberal Time (U Chicago Press, 2023) chronicles how public health became enmeshed in the insidious social trends that accelerated under Covid-19. Galea challenges this intellectual drift towards intolerance and absolutism while showing how similar regressions from reason undermined social progress during earlier eras. Within Reason builds an incisive case for a return to critical

The poignant saga of Guatemala's adoption industry: an international marketplace for children, built on a foundation of inequality, war, and Indigenous dispossession. In 2009 Dolores Preat went to a small Maya town in Guatemala to find her birth mother. At the address retrieved from her adoption file, she was told that her supposed mother, one Rosario Colop Chim, never gave up a child for adoption--but in 1986 a girl across the street was abducted. At that house, Preat met a woman who strongly resembled her. Colop Chim, it turned out, was not Preat's mother at all, but a jaladora--a baby broker. Some 40,000 children, many Indigenous, were kidnapped or otherwise coercively parted from families scarred by Guatemala's civil war or made desperate by unrelenting poverty. Amid the US-backed army's genocide against Indigenous Maya, children were wrested from their villages and put up for adoption illegally, mostly in the United States.  During the war's second decade, adoption was privatized, overseen by lawyers who

In recent years, government agencies around the world have been forced to consider the role of competition law and policy in addressing various crises, including the COVID-19 pandemic and the 2008 financial collapse. There is no easy formula that a competition agency can apply to determine the appropriate response to a crisis; indeed, there is substantial debate about the issue. One common criticism of competition law and policy is that usually it is too inflexible to deal with a crisis, prohibiting an adequate response to economic and industrial shocks.  Bruce Wardhaugh's Competition Law in Crisis: The Antitrust Response to Economic Shocks (Cambridge UP, 2022) challenges this notion by examining competition responses to crises past and present. With an analysis that spans the response of UK and EU competition authorities to the economic and commercial fallout of the 2008 financial crisis, the COVID-19 pandemic, and potential responses to the climate crisis, Professor Wardhaugh argues that relaxing competitio

During British colonial rule in India, the treatment of high-caste Hindu widows became the subject of great controversy. Such women were not permitted to remarry and were offered two options: a life of seclusion and rigorous asceticism or death on the funeral pyre of a deceased husband. Was this a modern development, or did it date from the classical period? In Widows Under Hindu Law (Oxford UP, 2023), David Brick offers an exhaustive history of the treatment and status of widows under classical Hindu law, or Dharmasastra as it is called in Sanskrit, which spanned approximately the third century BCE to the eighteenth-century CE. Under Dharmasastra, Hindu jurists treated at length and at times hotly debated four widow-related issues: widow remarriage and levirate, a widow's right to inherit her husband's estate, widow-asceticism, and sati. Each of the book's chapters examine these issues in depth, concluding with an appendix that addresses a widow's right to adopt a son-a fifth widow-related issue that became

Since the late 1970s, Right to Farm Laws have been adopted by states across the US to limit nuisance lawsuits against farmers engaged in standard agricultural practices. But who really benefits from Right to Farm Laws? And what can be done to promote real agricultural, rural, and environmental justice? Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm (UNC Press, 2023) offers valuable history and incisive commentary on these questions. Since their adoption, there has yet to be a comprehensive analysis of what Right to Farm laws do and who they benefit. This book offers the first national analysis and guide to these laws. It reveals that they generally benefit the largest operators, like processing plants, while traditional farmers benefit the least. Disfavored most of all are those seeking to defend their homes and environment against multinational corporations that use right-to-farm laws to strip neighboring owners of their property rights. Through what

Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalisation and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries.  In Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets (Princeton University Press, 2023), Dr. Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targetin

Robert C. Post's book The Taft Court (10): Making Law for a Divided Nation, 1921–1930 (Cambridge UP, 2023) offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as rele

In the late 1970s, Hollywood producers took the published biography of Crystal Lee Sutton, a white southern textile worker, and transformed it into a blockbuster 1979 film, Norma Rae, featuring Sally Field in the title role. This fascinating book reveals how the film and the popular icon it created each worked to efface the labor history that formed the foundation of the film's story. Drawing on an impressive range of sources--union records, industry reports, film scripts, and oral histories--Aimee Loiselle's cutting-edge scholarship shows how gender, race, culture, film, and mythology have reconfigured and often undermined the history of the American working class and their labor activism.  While Norma Rae constructed a powerful image of individual defiance by a white working-class woman, Loiselle's Beyond Norma Rae: How Puerto Rican and Southern White Women Fought for a Place in the American Working Class (University of North Carolina Press, 2023) demonstrates that female industrial workers across the count

Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet, so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies.  In The Networked Leviathan: For Democratic Platforms (Cambridge UP, 2023), Paul Gowder argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity.  This book is also av

The United States has more guns than people and more gun violence than any Western democracy. Scholars in diverse fields interrogate why 21st century Americans support gun ownership and valorize vigilantism even as they fear gun violence. Many question how the NRA – National Rifle Association – has successfully lobbied for radical gun laws that most Americans don’t support.  In Race, Rights, and Rifles: The Origins of the NRA and Contemporary Gun Culture (U Chicago Press, 2023), Dr. Alexandra Filindra highlights political culture. She argues that the NRA depends upon political narratives that can be traced back to the American Revolution. Rather than focus on the constitution, Lockean liberalism, rule of law, or individual rights, she argues that the American Revolution depended upon classical republican ideals – especially the martial virtue of the citizen-soldier – that became foundational to American democracy. American gun culture fuses the republican citizen-soldier with White male supremacy to create wh

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own: A Trans History of Argentina (University of Texas Press, 2024) places the histories of trans bodies at the core of modern Argentinian history. Dr. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone. A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyz

Before you left your house this morning, chances are that you used products and consumed goods that were produced by modern slavery. From the coffee you drink, to the clothes and shoes that you wear, to the phone that you use, modern slavery is a pervasive global problem that encroaches into the daily lives of all of us.  In Addressing Modern Slavery (UNSW Press, 2019), Professor Justine Nolan and Associate Professor Martijn Boersma provide a comprehensive and accessible account of the role of businesses, governments and consumers in the proliferation of modern slavery. They address both the gaps in protection of workers in the global supply chain, and what more can be done to protect the dignity and human rights who are denied the chance to earn a decent living. In today's conversation, we spoke about the emergence of corporate social conscience, the work that laws can do, the role that civil society can play, and a need for better enforcement mechanisms which will adequately address modern slavery. This is

In State of Silence: The Espionage Act and the Rise of America's Secrecy Regime (Basic Books, 2023), political historian Dr. Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to baulk at the act’s restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad. Shedding new light on the bloated governmental security apparatus that’s weighing our democracy down, State of Silence offers the definitive history of America’s turn toward secrecy—and its staggering human costs.  This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty

Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority. Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the

In Phenomenal Justice: Violence and Morality in Argentina (Rutgers University Press, 2020), Eva van Roekel grounds her research in phenomenological anthropology and the anthropology of emotion to offer readers a novel and compelling perspective on justice proceedings in the aftermath of historical crimes against humanity. Van Roekel approaches the question: how do survivors, victims, and perpetrators of political violence experience justice on their own terms? Focusing on the reopened trials in Argentina for crimes against humanity committed by the military junta that ruled from 1976 to 1983, Phenomenal Justice is a powerful ethnography that establishes a new theoretical basis that remains faithful to the uncertainties of justice and truth in the aftermath of human rights violations. Phenomenal Justice, thus, makes significant contributions to understanding justice beyond what is commonly referred to as transitional justice, and to better understanding of the military dictatorship in Argentina and its afterma

Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repair. Of particular interest in Kesselring’s theorizing of the relationship between the body and the law as a mechanism to critique South Africa’s Truth and Reconciliation Commission. Dr. Kesselring’s book is an innovative study of the TRC, with a focus on embodiment and the ways in which formal justice institutions do not consider the everyday violence of injustice. Her study illuminates this tension, of people craving justice from institutions that are not designed to deliver it, leading the women of the civil society organization Khulumani to file suit in the United States under alien tort laws. Kesselring recommends three books to listeners keen to dive deeper into issues of reparation, law and justice after Apartheid in South Africa