New Books In Law

The Intelligence Quotient is a measure of intelligence that has life-or-death consequences. Should we trust it? GUEST Alan Gouddis is a Partner with Sherman & Sterling. He was recognized by The Legal 500 as a “Leading Lawyer” in M&A Litigation Defense in 2021.   This episode was produced by Andrew Middleton  and Liya Rechtman. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Rohit De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution: The Everyday Life of Law in the Indian Republic (Princeton University Press, 2018) considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship. Rohit De is assistant professor of history at Yale University. Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Why has Thailand had 20 constitutions since 1932? What accounts for the remarkable veneration Thais often feel towards these short-lived documents? How is that military coups can be viewed as completely legal in Thailand? And what accounts for the leading role prominent legal experts play in Thailand’s political order? In this podcast, Thailand scholar Duncan McCargo talks to Eugénie Mérieau about her wide-ranging new book, Constitutional Bricolage: Thailand's Sacred Monarchy vs. The Rule of Law (Bloomsbury, 2021), which analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book sho

In Hidden Histories of the Dead: Disputed Bodies in Modern British Medical Research (Cambridge University Press, 2021), Dr. Elizabeth T. Hurren maps the post-mortem journeys of bodies, body-parts, organs, and brains, inside the secretive culture of modern British medical research after WWII as the bodies of the deceased were harvested as bio-commons. Often the human stories behind these bodies were dissected, discarded, or destroyed in death. Hidden Histories of the Dead recovers human faces and supply-lines in the archives that medical science neglected to acknowledge. Dr. Hurren investigates the medical ethics of organ donation, the legal ambiguities of a lack of fully-informed consent and the shifting boundaries of life and re-defining of medical death in a biotechnological era. Dr. Hurren reveals the implicit, explicit and missed body disputes that took second-place to the economics of the national and international commodification of human material in global medical sciences of the Genome era. This inter

Why are people judged on whether or not they are compelling? Why isn’t telling the truth enough? What are people really listening for when others share their truths? And how does this harm asylum seekers? Dina Nayeri joins us to share: Why our perceptions of other people’s experiences impact them and us. What makes a “credible” story, and what doesn’t. How her own stories shape her. Why it can be difficult to believe a messy truth. What she had to forgive herself for. The book Who Gets Believed. Today’s book is: Who Gets Believed by Dina Nayeri, which asks unsettling questions about lies, truths, and the difference between being believed and being dismissed. Dina Nayeri begins with asking why are honest asylum seekers dismissed as liars? She shares shocking and illuminating case studies, as the book grows into a reckoning with our culture’s views on believability. From learning the tools of persuasion and performance in her job at McKinsey to struggling to believe her troubled brother-in-law, Nayeri e

Thomas Kuehn, Professor Emeritus at Clemson University talks about his new book, Patrimony and Law in Renaissance Italy (Cambridge University Press, 2022) and share's the knowledge produced in a long and fruitful career. Family was a central feature of social life in Italian cities. In the Renaissance, jurists, humanists, and moralists began to theorize on the relations between people and property that formed the 'substance' of the family and what held it together over the years. Family property was a bundle of shared rights. This was most evident when brothers shared a household and enterprise, but it also faced overlapping claims from children and wives which the paterfamilias had to recognize. Thomas Kuehn explores patrimony in legal thought, and how property was inherited, managed and shared in Renaissance Italy. Managing a patrimony was not a simple task. This led to a complex and active conceptualization of shared rights, and a conscious application of devices in the law that could override liabilities

Beginning in the late eighteenth century, British rule transformed the relationship between law, society, and the state in South Asia. But professionals, alongside ordinary people without formal training in law, fought back as the colonial system in India sidelined Islamic legal experts. They petitioned the East India Company for employment, lobbied imperial legislators for recognition, and built robust institutions to serve their communities. By bringing legal debates into the public sphere, they resisted the colonial state’s authority over personal law and rejected legal codification by embracing flexibility and possibility. Following these developments from the beginning of the Raj through independence, Elizabeth Lhost, South Asia Digital Librarian for the Center for Research Libraries, rejects narratives of stagnation and decline and shows in Everyday Islamic Law and the Making of Modern South Asia (UNC Press, 2022), how an unexpected coterie of scholars, practitioners, and ordinary individuals negotiated

Why have the founding members of the United Nations (the P5) evaded accountability for their crimes of genocide? Jeff Bachman, of the American University School of International Service, provides an answer in his book, The Politics of Genocide: From the Genocide Convention to the Responsibility to Protect (Rutgers UP, 2022). It starts with an analysis of the processes that led to the adoption of the United Nations’ Convention on the Prevention and Punishment of the Crime of Genocide in December 1948. It ends with a call of the “self-perpetuating” implications of Western impunity for genocidal violence, at home and abroad. Bachman narrows in on the five permanent members of the UN Security Council to highlight the structural inequality baked into the Genocide Convention. The result is a cogent and devastating evaluation of the ways in which the Western powers of the P5 -- the US in particular -- are assumed to act in good faith when it comes to preventing and punishing acts of genocide. Susan Thomson is an Ass

In 2021, a famous Vietnamese businesswoman hosted a three-hour long Facebook livestream, in which she named and shamed celebrities for their controversial public behaviours. This formed part of a regular pattern of personal attacks, in which she weaponised livestreaming to denounce media and charity organisations in front of huge online audiences. This case marked a turning point in Vietnam, forcing the government to contend with growing political activity in the online environment, and prompting new digital media regulation. In this episode, Dr Jonathon Hutchinson joins Dr Natali Pearson to discuss this case and other examples of online socio-political activism in Vietnam, reflecting on the tension between social media influencing and digital media regulation, and highlighting its potential positive and negative effects. About Jonathon Hutchinson: Dr Jonathon Hutchinson is a Senior Lecturer in Online Communication and Media at the University of Sydney. He is a Chief Investigator on the Australian Research Co

In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence.  In The Proof: Uses of Evidence in Law, Politics, and Everything Else (Harvard University Press, 2022), preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain in

Stephanie Wolfe and Matthew Kane's In the Shadow of Genocide: Justice and Memory Within Rwanda (Routledge, 2023) brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere. Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars an

In A Lovely Girl: The Tragedy of Olga Duncan and the Trial of California's Most Notorious Killer (Pegasus Crime, 2022), Deborah Larkin tells the incredible story of a 1958 murder that ended with the last woman to ever be executed in California—a murder so twisted it seems ripped from a Greek tragedy. Larkin was only ten years old when the quiet calm of her California suburb was shattered. Thirty miles north, on a quiet November night in Santa Barbara, a pregnant nurse named Olga Duncan disappeared from her apartment. The mystery deepens when it is discovered that Olga’s mother in-law—a deeply manipulative and deceptive woman—had been doing everything in her power to separate Olga and her son, Frank, prior to Olga’s disappearance. From a forged annulment to multiple attempts to hire people to “get rid” of Olga, to a faked excoriation case, Elizabeth seemed psychopathically attached to her son. Yet she denied having anything to do with Olga’s disappearance with a smile. But when Olga’s brutally beaten body is f

"Why do we think about some practices as work, and not others? Why do we classify certain capacities as economically valuable skills, and others as innate characteristics? What, moreover, is the role of law in shaping our answers to these questions?" These are just some of the queries explored by Dr. Zoe Adams's analysis of the legal construction, and regulation, of work, in her book The Legal Concept of Work (Oxford University Press, 2022). Spanning from the 14th century to the present day, the book explores how the role of law and legal concepts comes to consider some forms of human labour as work, and some forms of human labour as non-work. It examines why perceptions of these activities can change over time, and how legal constitution impacts the way in which work comes to be regulated, organised, and valued. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with

Professor Jonathan Herring makes an argument that suicidal people have a right to be protected from committing suicide, and that the state should be under a duty to take reasonable steps to protect them from killing themselves. In The Right to Be Protected from Committing Suicide (Hart, 2022) Herring takes a deep dive into ideas surrounding autonomy and capacity, to draw out the tensions between these concepts and the legal and ethical debates which provide support for non-interventionist argument based on respect for a "right" to commit suicide. Going beyond the usual concerns of Euthanasia, this book challenges readers to examine suicide as a failing of society to offer support to those who need it, as opposed to an individual choice to end one's life.  Professor Jonathan Herring is a Professor of Law at Exeter College in the Faculty of Law at the University of Oxford. He is the author of around 50 solo authored monographs.  Listener note: In this interview, we discuss suicide, which may be upsetting for so

Pegasus: How a Spy in Your Pocket Threatens the End of Privacy, Dignity, and Democracy (Henry Holt, 2023) is the inside story of a worldwide investigation, sparked by the leak which revealed that cyber-intrusion and cyber-surveillance are happening with exponentially increasing frequency, across the globe. Pegasus, it turns out, is less a law enforcement tool than a weapon for hire and not only a threat to privacy but also to democracy, as the most notorious human-rights-violating governments and autocrat-wannabes are licensing and utilizing Pegasus spyware in the most vulnerable democracies in the world. Pegasus follows the personal stories of real victims--intrepid individuals who have spoken truth to some of the most corrupt, risible powers around the globe. Laurent Richard is a Paris-based award-winning documentary filmmaker and journalist who was named the 2018 European Journalist of the Year at the Prix Europa in Berlin. He is the founder of Forbidden Stories, a network of investigative journalists devo

The War in Court: Inside the Long Fight against Torture (University of California Press, 2022) by Dr. Lisa Hajjar examines how hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Dr. Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale. This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualit

When miners arrived in California seeking their fortune during the gold rush of the 1840s and early 1850s, they encountered a place with few existing legal systems. Recently acquired from Mexico, California was truly America's frontier, and when American miners arrived they did what Americans have always done: they held meetings.  In We the Miners: Self-Government in the California Gold Rush (Harvard UP, 2022), Seton Hall law professor Andrea McDowell explains the development and working of miners codes and other legal systems put in place during the heady and often violent early days of the California Gold Rush. Before statehood, miners were on their own to construct a version of direct democracy that reflected their values and gave them power to govern, until the creation of state government and the arrival of corporate mining entities. In McDowell's telling, the early days of the gold rush speak to Americans strong belief in democracy and self-governance, and who gets a say in justice when gold is on the l

In this episode, Greg Marchildon interviews Sarah Carter on her book Ours by Every Law of Right and Justice: Women and the Vote in the Prairie Provinces published by the University of British Columbia Press in 2020. She examines the reasons why Manitoba, Saskatchewan and Alberta were the first provinces to extend the vote to women in 1916 and why this same franchise was not extended to First Nations men and women as well as targeted minorities such as Chinese-Canadians until much later. Sarah Carter is professor and Henry Marshall Tory Chair of History and Classics at the University of Alberta and has published extensively on Indigenous history and gender in the Prairie Provinces. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A Line of Blood and Dirt: Creating the Canada–United States Border across Indigenous Lands (Oxford UP, 2021), is the recipient of the AHA’s Albert Corey Prize in the history of Canadian–American relations. In A Line of Blood and Dirt, Benjamin Hoy shows how the US-Canadian border was built across Indigenous lands. He explores the experiences of various indigenous groups, European settlers, African Americans, and Chinese immigrants.  Benjamin Hoy is an assistant professor of history at the University of Saskatchewan, where he directs the Historical GIS Lab. Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Abortion is an issue like no other. Our attitudes towards it and how we define when life begins determine the very words we use when discussing abortion. We don’t even agree about how many people are involved in the matter of abortion. Two people—the mother and the baby? Or only one—the mother? And here, even the word “mother” is avoided by many, who prefer “woman.” Or, in some quarters, “pregnant person.” Is it a “baby” or a “fetus?” Has abortion always had the tacit approval of most Americans and only been criminalized by powerful societal forces (which can change sides dramatically over the decades, as is the case with much of the medical establishment)? Or is it something that has been regarded as abhorrent for centuries and only very recently been treated as not only necessary but a badge of pride for the modern woman? How was abortion portrayed in the pages of American publications c. 1830, 1870, 1920 or 1940 and in the media diet of our own day? These are among the many issues discussed in the 2023 boo