New Books In Law

In 2005, after considerable campaigning by women’s groups, the Indian government brought in an important new law, the Protection of Women from Domestic Violence Act (PWDVA). A civil law, the PWDVA was meant to combat violence against women in familial and intimate spaces.  In The Violent Domestic Law: Its Practice and Strategies of Survival (Zubaan Academic, 2022), the authors ask: how effective has this law been? Have there been any changes in institutional regimes and their politics as a result of this legislation? They look at seven districts of West Bengal and interrogate, through the testimonies of survivors, whether the law reshapes the domestic, or whether the embeddedness of violence in the domestic is so complete that change through law must necessarily be partial and imperfect. Importantly, the questions the authors ask go beyond the heteronormative approach that centres only the married woman in the discourse around domestic violence. They include the voices of lesbian and transgender women, as wel

Is libertarianism a progressive doctrine, or a reactionary one? Does libertarianism promise to liberate the poor and the marginalized from the yoke of state oppression, or does talk of "equal liberty" obscure the ways in which libertarian doctrines serve the interests of the rich and powerful?  Through an examination of the history of libertarianism, The Individualists: Radicals, Reactionaries, and the Struggle for the Soul of Libertarianism (Princeton University Press, 2023) argues that the answer is (and always has been): both. In this book, the authors explore the neglected 19th century roots of libertarianism to show that it emerged first as a radical and progressive doctrine. Libertarianism took a conservative turn in the 20th century primarily as a reaction against the rise of state socialism. Now, with international communism no longer a threat, libertarianism is in the midst of an identity crisis, with progressive and reactionary elements struggling to claim the doctrine as their own, most notably on

In Semiotics of Rape: Sexual Subjectivity and Violation in Rural India (Duke UP, 2022), Rupal Oza follows the social life of rape in rural northwest India to reveal how rape is not only a violation of the body but a language through which a range of issues—including caste and gender hierarchies, control over land and labor, and the shape of justice—are contested. Rather than focus on the laws governing rape, Oza closely examines rape charges to show how the victims and survivors of rape reclaim their autonomy by refusing to see themselves as defined entirely by the act of violation. Oza also shows how rape cases become arenas where bureaucrats, village council members, caste communities, and the police debate women’s sexual subjectivities and how those varied understandings impact the status and reputations of individuals and groups. In this way, rape gains meaning beyond the level of the survivor and victim to create a social category. By tracing the shifting meanings of sexual violence and justice, Oza offe

Susan Schuppli is Director of the Centre for Research Architecture in the Department of Visual Cultures at Goldsmiths, University of London. In her book, Material Witnesss, her research is an exploration of the evidential role of matter in contexts including the natural disaster, climate change, and conflict zones. In this interview she discusses her work as a writer, artist and educator. The evidential role of matter--when media records trace evidence of violence--explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere. In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather. These cases inc

Jack Phillips is the owner of Masterpiece Cakeshop in Lakewood, Colorado. In 2012, Jack Phillips declined to create a custom wedding cake celebrating a so-called same-sex marriage. The men who requested the cake filed a charge with the Colorado Civil Rights Commission, beginning a legal battle that reached the U.S. Supreme Court. Jack Phillips joins the show to discuss his new book, The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court. Joining Jack is Jake Warner, legal counsel for Alliance Defending Freedom’s Appellate Team. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recent racist anti-immigration policies, from the border wall to the Muslim ban, have left many Americans wondering: How did we get here? In White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall (Beacon Press, 2021), Dr. Reece Jones reveals the painful answer: although the US is often mythologized as a nation of immigrants, it has a long history of immigration restrictions that are rooted in the racist fear of the “great replacement” of whites with non-white newcomers. After the arrival of the first slave ship in 1619, the colonies that became the United States were based on the dual foundation of open immigration for whites from Northern Europe and the racial exclusion of slaves from Africa, Native Americans, and, eventually, immigrants from other parts of the world. Jones' scholarship shines through his extensive research of the United States’ racist and xenophobic underbelly. He connects past and present to uncover the link between the Chinese Exc

Journalists around the world agree that autonomy is central to their work, but what exactly is it journalists should be autonomous from, and for what should they use this autonomy? Henrik Örnebring and Michael Karlsson discuss their book Journalistic Autonomy: The Genealogy of a Concept (University of Missouri Press, 2022), which traces the genealogy of the idea of journalistic autonomy from the press freedom debates of the 17th century up to the digital, networked world of the 21st century. In a conversation with Joanne Kuai, the authors talk about what is ‘autonomy’ and what it means in the context of journalism, and the journey of exploring the concept, using a theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, theoretical biology, and other disciplines. They reflect on whether the concept could be applied not only in liberal democracies but also in totalitarian regimes, and also discuss their ideals of journalism as an institution and what conditions are needed to facilitate t

This book delves deep into the question of what is legal education for? Who does it serve, and how, as educators can we reflect on what we deliver in the law classroom? In answering this question, What is Legal Education For? Re-assessing the Purposes of Early Twenty-First Century Learning and Law Schools (Routledge 2022), editors Dr Rachel Dunn, Professor Paul Maharg and Dr Victoria Roper bring together a collection that grew out of a Modern Law Review Seminar, which celebrated the works of Peter Birks' earlier collection, Pressing Problems in the Law: What is the Law School for? (1996). What is fascinating about this collection is that each chapter offers a unique lens of analysis to consider the role of legal education in society, from the perspective of lawyers, educators and students. We had a really great discussion which considers the challenges that legal educators face, specially with regard to the increasing corporatisation of law schools and what this means both from an international perspective, a

What is academic freedom for? What are the greatest threats to academic freedom today? Should Critical Race Theory be taught on college campuses? What about in K-12 classrooms? Keith Whittington, Chairman of the Academic Freedom Alliance's Academic Committee and the William Nelson Cromwell Professor of Politics at Princeton University, joins the show to answer these questions and discuss the work of the Academic Freedom Alliance. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is the Declaration of Independence unique? Does the Declaration prescribe a form of government? What is the relationship between the Declaration and the Constitution? Allen C. Guelzo, Director of the James Madison Program's Initiative on Politics and Statesmanship, joins the show to answer these questions and more.  Guelzo's essay "Harry and me" can be found here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Three generations of imbeciles are enough” were the infamous words U.S. Supreme Court Justice Oliver Wendell Holmes Jr. wrote in 1927. In Buck v. Bell, an almost unanimous Court upheld a Virginia law allowing the sterilization of people the state found to be “socially inadequate” and “feebleminded.” This landmark decision allowed the eugenics movement to take full effect, with multiple states passing similar laws.  In Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell (Johns Hopkins UP, 2022), Dr. Paul Lombardo unpacks the case of an individual – Carrie Buck – to argue that the case not only represents the collective power of the eugenics movement in the early 20th century but an individual miscarriage of justice. Using extensive archival sources, Dr. Lombardo demonstrates that Carrie Buck was neither a “moral degenerate” or “feeble-minded.” She was a rape victim of sound mind. Her sterilization was based on fraudulent evidence. The powerful eugenics lobby manufactured a case – an

More than fifty years of civil rights legislation and movements have not ended employment discrimination. Kerri Lynn Stone's Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity (Cambridge UP, 2022) reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause. Learn more about your ad choices. Visit megapho

Barak S. Cohen's The Legal Methodology of Late Nehardean Sages in Sasanian Babylonia (Brill, 2011) consists of a systematic analysis of the halakhic/legal methodology of fourth and fifth century Nehardean amoraim in Babylonia (as well as their identity and dating). The book uncovers various distinct characteristics present in the halakhic decision making and source interpretation, and demonstrates how certain amoraim can be characterized as portraying consistent interpretive and legal approaches throughout talmudic literature. Understanding the methodological characteristics that distinguish some amoraim from other amoraim can aid the talmudic interpreter/scholar in clarifying the legal foundations of their rulings, the proofs that they bring within talmudic discourse, as well as their disputes and interpretations. This allows a better understanding of the development of Jewish Law and the legal system in talmudic Babylonia. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by be

Born in Somalia, Ayaan Hirsi Ali is a women’s rights activist, free speech advocate, and New York Times bestselling author. She joins the show to discuss her new book, Prey: Immigration, Islam, and the Erosion of Women's Rights. [Note: This conversation includes discussion of sensitive topics related to sexual violence.] Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the United States, one in four women will be victims of domestic violence each year. Despite the passage of federal legislation on violence against women beginning in 1994, differences persist across states in how domestic violence is addressed. Kaitlin Sidorsky and Wendy J. Schiller's book Inequality across State Lines: How Policymakers Have Failed Domestic Violence Victims in the United States (Cambridge UP, 2023) illuminates the epidemic of domestic violence in the U.S. through the lens of politics, policy adoption, and policy implementation. Combining narrative case studies, surveys, and data analysis, the book discusses the specific factors that explain why U.S. domestic violence politics and policies have failed to keep women safe at all income levels, and across racial and ethnic lines. The book argues that the issue of domestic violence, and how government responds to it, raises fundamental questions of justice; gender and racial equality; and the limited efficacy of a state-by-state and even town-

With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hairdresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black woman member in the legal team at the NAACP’s Inc. Fund at the time, she defended Martin Luther King in Birmingham, helped to argue in Brown vs. The Board of Education, and played a critical role in vanquishing Jim Crow laws throughout the South. She was the first black woman elected to the state Senate in New York, the first woman elected Manhattan Borough President, and the first black woman appointed to the federal judiciary. Civil Rights Queen: Constance Baker Motley and the Struggle for Equality (Pantheon Books, 2

Today’s Postscript focuses on abortion politics in the United States, with particular attention to the April 7, 2023 federal court decisions in Texas and Washington controlling access to mifepristone and the wider political forces at play. We have a slightly different format for today’s emergency podcast – spanning four time zones. First, legal historian Mary Ziegler, Martin Luther King Professor of Law at UC Davis, shares insights on the two cases – and why the Texas opinion is such a radical departure with regards to standing and legal language. Then Political Scientist Rebecca Kreitzer, Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill, provides a deep dive on the role of the Comstock Act of 1873 and why this 19th century law helps us understand 21st century reproductive politics. The podcast concludes with two scholars of politics and law Dr. Renée Ann Cramer, Professor of Law, Politics, and Society at Drake Univers

Nishant Kumar's Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary (Routledge, 2022) analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process – the structural and functional aspects of working of judiciary – affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian

Amy Coney Barrett is a judge on the U.S. 7th Circuit Court of Appeals. In 2019, Judge Barrett delivered the James Madison Program's Annual Walter F. Murphy Lecture in American Constitutionalism. The lecture was entitled "The Constitution as Our Story." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Public companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies (Cambridge University Press, 2022) shows how securities fraud became a major regulatory concern. Drawing on case studies of paradigmatic securities enforcement actions involving Xerox, Penn Central, Apple, Enron, Citigroup, and General Electric, the book argues that corporate securities fraud emerged as investors increasingly valued companies based on their future performance. Corporations now have an incentive to issue unrealistically optimistic disclosure to convince markets that their su