New Books In Law

Today I talked to Max Bazerman about his book Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022). Remember Saturday Night Live’s satirical TV spot for Ivanka Trump’s perfume, Complicit? Talk about a timely topic. In what is Bazerman’s third book on ethics, the focus is on the people who surround an “evil” doer and enable or allow harmful behavior to occur. From the implosion of FTX under the funky leadership of Sam Bankman-Fried, to Elizabeth Holes at Theranos or Purdue Pharma and the Sacklers, there is always a large supporting cast of those who trade on privilege, defer to authority, or have their trust exploited. Indeed, in this interview Bazerman touches on seven different profiles in complicity that serve as a counterpoint to JFK’s book, Profiles in Courage. What solutions does Bazerman offer? Besides changing the culture of an institution or company, one particular way forward is to amass co-whistleblowers by creating “informal escrows” so that the victims of perpetrators like H

Today’s book is: We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States. The “Dreamer narrative” celebrates the educational and economic achievements of undocumented youth to justify a path to citizenship, and has promoted the idea that access to citizenship and rights should be granted only to a select group of “deserving” immigrants. The contributors to We Are Not Dreamers—themselves currently or formerly undocumented—counter the Dreamer narrative by grappling with the nuances of undocumented life in this country. Theorizing those excluded from the Dreamer category—academically struggling students, transgender activists, and queer undocumented parents—the contributors call for an expansive articulation of immigrant rights and justice that recognizes the full humanity of undocumented immigrants while granting full and unconditional rights. Our guest is: Dr. Genevieve Negrón-Gonzales, an Associate Professor of Leadership Studies at University of San Francisco, who is an int

Today I interview Erin Reed. Reed is an activist, public speaker, and writer across multiple platforms, including a Substack newsletter, all of which she gathers under the title “Erin in the Morning.” Reed’s work centers on advocacy for the transgender community and the greater queer community. At the moment, she’s undertaken the momentous task of tracking the anti-trans legislation that’s being forwarded in state houses across the country and exposing its troubling, deceitful, and vicious nature. Through her newsletter, social media posts, and in-person appearances, Reed supports not only trans and queer rights, but also a vision for our communities and our country in which mutual care and kindness are our abiding values. To say it another way, Erin supports the fight against cruel ant-trans legislation currently underway and she also connects her readers with trans girl scouts so she can help these kids with their annual cookie sale. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our

What areas of our lives are governed by constitutional law? When asked about what constitutional law is, Americans tend to think of notable Supreme Court cases such as the abortion law case Roe v. Wade or the Civil Rights landmark of Brown v. Board of Education. But vast swaths of our lives are governed by, of all things, the Commerce Clause of the US Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This is just one of the fascinating facts that we learn from H. Jefferson Powell's book The Practice of American Constitutional Law (Cambridge UP, 2022). Powell robustly, movingly argues that those Americans who feel that the Supreme Court and constitutional law itself have become so politicized that justice is now unattainable and that raw power has replaced dispassionate legal analysis in our polity are mistaken. He contends that those who dwell in the world of the actual practice of constitutional law are people o

Climate change and war have flung millions of people on the move, who often seek safe harbor in the very countries responsible for their displacement. But despite the lofty ideals and supposed simplicity of international refugee law, it turns out borders are not really the fixed lines on a map we imagine them to be. Guests:  Deborah Anker is Clinical Professor of Law and Founder of the Harvard Law School Immigration and Refugee Clinical Program (HIRC). Celeste Cantor-Stephens is a musician, interdisciplinary artist, writer, teacher and activist. Chowra Makaremi is an anthropologist and tenured research scholar at the French National Center for Scientific Research (CNRS) in Paris. Adrian Rennix is a writer and an immigration attorney practicing near the southern border. 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, unjust disparities in things like income, opportunity, health, safety, and education tightly track racial categorizations of the US population. An intuitive approach to social justice calls us to look to the sites of the greatest disadvantage, and take measures aimed at relieving them. This approach favors “race specific” policies for pursuing justice. However, that kind of rationale is increasingly vulnerable in a country that’s largely convinced that it has achieved a “post-racial” condition. Hence the remaining disparities remain, but are explained away by appeals to alleged faults of those who suffer under them. In A Realistic Blacktopia: Why We Must Unite to Fight (Oxford UP, 2023), Derrick Darby defends a different approach. According to Darby, the psychological and social realities of the United States suggest that we must adopt a non-race-specific social justice agenda, explicitly tying our efforts to mitigate unjust inequalities that track racial categorization to “big tent” ini

Bringing together two voices, practice and theory, in a collaboration that emerges from lived experience and structured reflection upon that experience, O'Mochain and Ueno show how entrenched discursive forces exert immense influence in Japanese society and how they might be most effectively challenged. With a psychosocial framework that draws insights from feminism, sociology, international studies, and political psychology, the authors pinpoint the motivations of the nativist right and reflect on the change of conditions that is necessary to end cultures of impunity for perpetrators of sexual abuse in Japan.  Evaluating the value of the #MeToo model of activism, the authors offer insights that will encourage victims to come out of the shadows, pursue justice, and help transform Japan's sense of identity both at home and abroad. Ueno, a female Japanese educator and O'Mochain, a non-Japanese male academic, examine the nature of sexual abuse problems both in educational contexts and in society at large through

The China Nexus: Thirty Years In and Around the Chinese Communist Party's Tyranny (Optimum Publishing, 2022) brings together Benedict Rogers' 30 years of advocacy, research and work in and around China. Opening with his rollicking adventures as an 18 year old teaching English in Qingdao in 1992, the human element of this monograph, the real people and their lives are foregrounded. Rogers takes the reader through a nexus of the CCP's tyranny; from China's crackdown on its own citizens; through the repression and violence perpetuated in Tibet, Xinjiang and Hong Kong, to the way that the CCP props up and is complicit in crimes against humanity in Myanmar and North Korea. This book is essential to understanding both the domestic and global ramifications of the threat that the CCP poses to the free world. Rogers has been at the heart of advocacy for human rights in and around China during this period. His on-ground insights, countless meetings, interviews and direct encounters with those who live through the harro

In the midst of the Second World War, Central and East European governments-in-exile struggled to make their voices heard as they reported back to the Allies and sought to reach mass Allied publics with eyewitness testimony of German atrocities committed in their respective homelands. The most striking case is that of Poland, whose wartime exile government served as the principal conduit for first-hand testimony (much of which was initially ignored, questioned, or suppressed by the major Allies) of both the Holocaust and the German occupiers’ mass repression and killing of non-Jewish Poles. Historian Michael Fleming offers a rich and unprecedented take on the story of Poles’ contributions to the emergence of a global legal regime for prosecuting war crimes, by reconstructing the central contribution of the Polish War Crimes Office in London to the emergence, successful work, and postwar legacy of the UN War Crimes Commission.  In the Shadow of the Holocaust: Poland, the United Nations War Crimes Commission, a

In Break Point: Two Minnesota Athletes and the Road to Title IX (University of Minnesota Press, 2022), Sheri Brenden examines how two teenage girls in Minnesota jump-started a revolution in high school athletics Peggy Brenden, a senior, played tennis. Toni St. Pierre, a junior, was a cross country runner and skier. All these two talented teenagers wanted was a chance to compete on their high school sports teams. But in Minnesota in 1972 the only way on the field with the boys ran through a federal court--so that was where the girls went. Break Point tells the story, for the first time, of how two teenagers took on the unequal system of high school athletics, setting a legal precedent for schools nationwide before the passage of Title IX.  As Peggy's younger sister, author Sheri Brenden is uniquely positioned to convey the human drama of the case, the stakes, and the consequences for two young women facing the legal machinery of the state, in court and in school. In an account that begins with Peggy painstakin

Historian Louis Hyman, professor and director of the Institute of Workplace Studies at Cornell University’s School of Industrial and Labor Relations, talks about his book, Temp: How American Work, American Business, and American Dream Became Temporary, with Peoples & Things host Lee Vinsel. In this conversation, Hyman and Vinsel chat about how most mid-20th century secure jobs were possessed by white men, how temporary work began to rise after World War Two, and how all this led to the gig-based world we inhabit. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Claudia Garcia crossed the border because her toddler, Natalia, could not hear. Leaving behind everything she knew in Mexico, Claudia recounts the terror of migrating alone with her toddler and the incredible challenges she faced advocating for her daughter's health in the United States. When she arrived in Texas, Claudia discovered that being undocumented would mean more than just an immigration status—it would be a way of living, of mothering, and of being discarded by even those institutions we count on to care. Elizabeth Farfán-Santos spent five years with Claudia. As she listened to Claudia's experiences, she recalled her own mother's story, another life molded by migration, the US-Mexico border, and the quest for a healthy future on either side. Witnessing Claudia's struggles with doctors and teachers, we see how the education and medical systems enforce undocumented status and perpetuate disability. At one point, in the midst of advocating for her daughter, Claudia suddenly finds herself struck by debi

Southern Italy was conquered by the Norman Hauteville dynasty in the late eleventh century after over five hundred years of continuous Byzantine rule. At a stroke, the region's Greek Christian inhabitants were cut off from their Orthodox compatriots in Byzantium and became subject to the spiritual and legal jurisdiction of the Roman Catholic popes. Nonetheless, they continued to follow the religious laws of the Byzantine church; out of thirty-six surviving manuscripts of Byzantine canon law produced between the tenth and fourteenth centuries, the majority date to the centuries after the Norman conquest. James Morton's Byzantine Religious Law in Medieval Italy (Oxford UP, 2021) is a historical study of these manuscripts, exploring how and why the Greek Christians of medieval southern Italy persisted in using them so long after the end of Byzantine rule. The first part of the book provides an overview of the source material and the history of Italo-Greek Christianity. The second part examines the development of

Wolfgang Muller, Marriage Litigation in the Western Church, 1215- 1517 (Cambridge University Press, 2021). From the establishment of a coherent doctrine on sacramental marriage to the eve of the Reformation, late medieval church courts were used for marriage cases in a variety of ways. Ranging widely across Western Europe, including the Upper and Lower Rhine regions, England, Italy, Catalonia, and Castile, this study explores the stark discrepancies in practice between the North of Europe and the South. Wolfgang P. Müller draws attention to the existence of public penitential proceedings in the North and their absence in the South, and explains the difference in demand, as well as highlighting variations in how individuals obtained written documentation of their marital status. Integrating legal and theological perspectives on marriage with late medieval social history, Müller addresses critical questions around the relationship between the church and medieval marriage, and what this reveals about both instit

In April 1988, after years of failed negotiations over the status of the Northwest Passage, Brian Mulroney gave Ronald Reagan a globe, pointed to the Arctic, and said "Ron that's ours. We own it lock, stock, and icebergs." A simple statement, it summed up Ottawa's official policy: Canada owns the icy waters that wind their way through the Arctic Archipelago. Behind the scenes, however, successive governments have spent over a century trying to figure out how to enforce this claim and on which legal basis to assert Canadian sovereignty over Arctic waters.  In Lock, Stock, and Icebergs: A History of Canada's Arctic Maritime Sovereignty (UBC Press, 2016), Adam Lajeunesse, a Professor of Public Policy and Fellow of the Brian Mulroney Institute of Government at St. Francis Xavier University, guides readers through the evolution of Canada's Arctic sovereignty, showing how the Northwest Passage and the surrounding waters became Canadian. Listen to this engaging podcast to understand what inspired Lajeunesse to write

In Escape to the City: Fugitive Slaves in the Antebellum Urban South (UNC Press, 2022), Viola Franziska Müller examines runaways who camouflaged themselves among the free Black populations in Baltimore, Charleston, New Orleans, and Richmond. In the urban South, they found shelter, work, and other survival networks that enabled them to live in slaveholding territory, shielded and supported by their host communities in an act of collective resistance to slavery. While all fugitives risked their lives to escape slavery, those who fled to southern cities were perhaps the most vulnerable of all. Not dissimilar to modern-day refugees and illegal migrants, runaway slaves that sought refuge in the urban South were antebellum America's undocumented people, forging lives free from bondage but without the legal status of freedpeople. Spanning from the 1810s to the start of the Civil War, Müller reveals how urbanization, work opportunities, and the interconnectedness of free and enslaved Black people in each city determi

This surprising global history of an indispensable document reveals how the passport has shaped art, thought, and human experience while helping to define the modern world. In License to Travel: A Cultural History of the Passport (U California Press, 2022), Patrick Bixby takes the reader on a captivating journey from pharaonic Egypt and Han-dynasty China to the passport controls and crowded refugee camps of today. Along the way, you will: Peruse the passports of artists and intellectuals, writers and musicians, ancient messengers and modern migrants. See how these seemingly humble documents implicate us in larger narratives about identity, mobility, citizenship, and state authority. Encounter intimate stories of vulnerability and desire along with vivid examples drawn from world cinema, literature, art, philosophy, and politics. Witness the authority that travel documents exercise over our movements and our emotions as we circulate around the globe. With unexpected discoveries at every turn, License to T

In histories of enslavement and in Black women's history, coercion looms large in any discussion of sex and sexuality. At a time when sexual violence against Black women was virtually unregulated—even normalized—a vast economy developed specifically to sell the sexual labor of Black women. In Consent in the Presence of Force: Sexual Violence and Black Women's Survival in Antebellum New Orleans (UNC Press, 2023), Emily A. Owens wrestles with the question of why white men paid notoriously high prices to gain sexual access to the bodies of enslaved women to whom they already had legal and social access. Owens centers the survival strategies and intellectual labor of Black women enslaved in New Orleans to unravel the culture of violence they endured, in which slaveholders obscured "the presence of force" with arrangements that included gifts and money. Owens's storytelling highlights that the classic formulation of rape law that requires "the presence of force" and "the absence of consent" to denote a crime was i

We claim to judge people for what they intentionally do, but accidents often influence our judgments. In our justice systems, people can be harshly and unfairly blamed for bad luck—but in our personal lives, taking on blame isn’t always a bad thing. Guests Fiery Cushman, Professor of Psychology at Harvard University Daniel Statman, Professor of Philosophy at the University of Haifa Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is commonly thought that, thanks to globalization, nation-state borders are becoming increasingly porous. In Sorting Machines: The Reinvention of the Border in the 21st Century (Polity, 2022) Steffen Mau shows that this view is misleading: borders are not getting more permeable in the era of globalization, but rather are being turned into powerful sorting machines. Today they fulfill their separation function better and more effectively than ever. While the cross-border movement of people has steadily increased in recent decades, a counter-development has taken place at the same time: in many places, new deterrent walls and militarized border crossings are being created. Borders have also become increasingly selective. Supported by digitalization, they have been upgraded to smart borders, and border control has expanded spatially on a massive scale, even becoming a global enterprise that is detached from territory.  Steffen Mau shows how the new sorting machines create mobility and immobility at the same t