New Books In Law

We have been ruled long enough. It is time to govern ourselves. If we are to get past the Constitution and all systems based on constitutions, we need to move past the nation state as the means by which we are governed from above. – Robert Ovetz, We the Elites (2022, p. 167) Written by 55 of the richest white men of early America, and signed by only 39 of them, the constitution is the sacred text of American nationalism. Popular perceptions of it are mired in idolatry, myth, and misinformation - many Americans have opinions on the constitution but have no idea what’s in it. The misplaced faith of social movements in the constitution as a framework for achieving justice actually obstructs social change - incessant lengthy election cycles, staggered terms, and legislative sessions have kept social movements trapped in a redundant loop. This stymies progress on issues like labor rights, public health, and climate change, projecting the American people and the rest of the world towards destruction. Robert Ovetz’s

International criminal justice is, at its core, an anti-atrocity project. Yet just what an 'atrocity' is remains undefined and undertheorized. Randle C. DeFalco's book Invisible Atrocities: The Aesthetic Biases of International Criminal Justice (Cambridge UP, 2022) examines how associations between atrocity commission and the production of horrific spectacles shape the processes through which international crimes are identified and conceptualized, leading to the foregrounding of certain forms of mass violence and the backgrounding or complete invisibilization of others. In doing so, it identifies various, seemingly banal ways through which international crimes may be committed and demonstrates how the criminality of such forms of violence and abuse tends to be obfuscated.  DeFalco suggests that the failure to address these 'invisible atrocities' represents a major flaw in the current international criminal justice system, one that produces a host of problematic repercussions and undermines the legal legitimac

What is religious liberty, anyway? What are its origins? What are religious exemptions? What would a jurisprudence of religious liberty based on the idea of natural rights look like? What is distinctive about such an approach and what are some of its pluses and minuses? These are some of the questions addressed in Religious Liberty and the American Founding: Natural Rights and the Original Meanings of the First Amendment Religion Clauses (U Chicago Press, 2022) by Vincent Phillip Muñoz. The book explores the fraught legal and philosophical terrain of religious freedom. It is a meticulous study of the Founders’ common concern for the protection for our inalienable right of religious free exercise and their surprisingly divergent views on how to navigate the relationships of privilege and control between church and state. Muñoz examines the attitudes of the Founding Generation on these topics as reflected in the understudied area of constitution making between 1776 and 1791 in America at the state level. He arg

Ciara Breathnach's book Ordinary Lives, Death, and Social Class: Dublin City Coroner's Court, 1876-1902 (Oxford UP, 2022) focuses on the evolution of the Dublin City Coroner's Court and on Dr Louis A. Bryne's first two years in office. Wrapping itself around the 1901 census, the study uses gender, power, and blame as analytical frameworks to examine what inquests can tell us about the impact of urban living from lifecycle and class perspectives. Coroners' inquests are a combination of eyewitness testimony, expert medico-legal language, detailed minutiae of people, places, and occupational identities pinned to a moment in time. Thus they have a simultaneous capacity to reveal histories from both above and below. Rich in geographical, socio-economic, cultural, class, and medical detail, these records collated in a liminal setting about the hour of death bear incredible witness to what has often been termed 'ordinary lives'. The subjects of Dr Byrne's court were among the poorest in Ireland and, apart from commo

What does it mean to be a citizen in America in 2017? Guests Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media Shanelle Matthews, Director of Communications for the Black Lives Matter global network Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century.  In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason Isralowitz tells this story in a revelatory book that situates both the Balestrero case and its cinematic counterpart in their historical context. Drawing from archival records, Isralowitz delivers a gripping account of Manny’ s trial and new insights into an errant prosecution. He then examines how Hitchcock’ s film bears witness to issues that animate the contemporary innocence movement. Given the hundreds of exonerations of the wrongfully convicted in recent years, this genre-bending work of true crime and film histo

The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh the costs of the traumatic effects on the animals; but today, even the researchers themselves have come to question the practice. John P. Gluck has been one of the scientists at the forefront of the movement to end research on primates, and in Voracious Science and Vulnerable Animals: A Primate Scientist's Ethical Journey (U Chicago Press, 2016) he tells a vivid, heart-rending, personal story of how he became a vocal activist for animal protection. Gluck begins by taking us inside the laboratory of Harry F. Harlow at the University of Wisconsin, where Gluck worked as a graduate student in the 1960s. Harlow’s primate

In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas. Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property, and Trickster Makes This World: Mischief, Myth and Art. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide: midwives, neighbors, healers, and relatives were better acquainted with an accused woman's intimate life, the circumstances of her pregnancy, and possible motives for infanticide than any man. As the century progressed, women accused of the crime were increasingly subject to the scrutiny of white male legal and medical experts educated in institutions that reinforced prevailing ideas about the inferior mental and physical capacities of women and Black people. As Reconstruction ended, the reach of the carceral state ex

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.  Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions.  In Justice for Animals (Simon & Schuster, 2023), one of the world’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flour

In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologies to be ethical. In the episode Alex references an article by Emily Tucker, called “Artifice and Intelligence,” (Tech Policy Press, 17 March 2022) which suggests we should stop using terms like “artificial intelligence” and an opinion piece in the Washington Post, on a similar theme, by Timnit Gebru and Margaret Mitchell, “We warned Google that people might believe AI was sentient. Now it’s happening” (17 June 2022). She also mentions a claim by Blake Lemoine that Google’s LaMDA (Language Model for Dialogue Applications) is sentient. We’ll leave that one to your googling, if not your judgment. Dr. Alex Hanna is Direc

By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms? In The Idea of Prison Abolition (Princeton UP, 2022), Tommie Shelby undertakes a systematic and critical examination of the arguments in favor of prison abolition. Although he ultimately rejects abolitionism as a philosophical position, he builds from the abolitionist program’s crucial insights a positive view of what it would take to create a prison and incarceration system that is consistent with justice. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-five times in his speech—more than Martin Luther King Jr. would use the term later that year in his “I Have a Dream” address at the March on Washington. “Let us rise to the call of freedom-loving blood that is in us,” Wallace told his audience, “and send our answer to the tyranny that clanks its chains upon the South.” Those rattling shackles of oppression were forged by the enemy of the people of his beloved Barbour County: the federal government." – Jefferson Cowie, Freedom's Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022). Professor Cowie titles his latest book’s introduction ‘George Walla

Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling health care system? Gordon Katic debates this and more, with perspectives from either side. Professor Trudo Lemmens argues that MAID sends a disturbing message: disabled lives aren't worth living. Next, Dr. Derryk Smith (formerly of Dying with Dignity) says just the opposite: excluding certain people from this civil liberty is tantamount to stigmatization. SUPPORT THE SHOW You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button. If you want to do a little

How has digitalisation changed Russian politics? How has Russia’s invasion of Ukraine changed Russia studies? What is special about Russia’s approach to algorithmic governance and internet control? Assistant Professor in Cyber-Security and Politics from Maastricht University, Mariëlle Wijermars, talks about her ongoing research on Russian politics, internet policy and platform governance. In a conversation with Joanne Kuai, Mariëlle Wijermars also talks about The Palgrave Handbook of Digital Russia Studies. This open-access handbook was published by Palgrave Macmillan in 2020 and was edited by Mariëlle together with Daria Gritsenko and Mikhail Kopotev. This handbook presents a multidisciplinary and multifaceted perspective on how the ‘digital’ is simultaneously changing Russia and the research methods scholars use to study Russia. It provides a critical update on how Russian society, politics, economy, and culture are reconfigured in the context of ubiquitous connectivity and accounts for the political and so

Michael Ayers Trotti's The End of Public Execution: Race, Religion and Punishment in the American South (The University of North Carolina Press, 2022) documents the complex religious and cultural textures of post-Civil War executions in the U.S. South. Before 1850, all legal executions in the South were performed before crowds that could number in the thousands; the last legal public execution was in 1936. This study focuses on the shift from public executions to ones behind barriers, situating that change within our understandings of lynching and competing visions of justice and religion. Intended to shame and intimidate, public executions after the Civil War had quite a different effect on southern Black communities. Crowds typically consisting of as many Black people as white behaved like congregations before a macabre pulpit, led in prayer and song by a Black minister on the scaffold. Black criminals often proclaimed their innocence and almost always their salvation. This turned the proceedings into publi

Since the turn of the millennium, there has been an unusually large number of court cases against artists and curators in Russia. Focusing on prominent cases against the organizers of the exhibitions Caution, Religion! (2003) and Forbidden Art 2006 (2007), Frimmel examines the ways in which the meaning of art and its socio-political effects are argued in court. By placing these cases in a historical context, and comparing them with a number of international case studies, Art Judgements: Art on Trial in Russia After Perestroika (Vernon Press, 2021) reveals how these proceedings have intensified juridical power over artistic freedom (of speech) in Russia over the past two decades. Sandra Frimmel is Research Coordinator of the Centre of Arts and Cultural Theory (ZKK) and an affiliate of the Department for Slavic Studies at the University of Zürich. Her research interests include Russian art from 19th century through to today, as well as the concepts of art, law, justice, power, and society. Iva Glisic is a histo

In Feminist Transformations and Domestic Violence Activism in Divided Berlin, 1968-2002 (Oxford University Press, 2022), Jane Freeland traces the development of the shelter movement in East and West Germany. In the 1970s, feminist activists exposed the harmful gender norms and lack of legal protections that left women vulnerable to abuse in the home. Their efforts led to the founding of the first women’s shelter in West Berlin in 1976 and a broadly successful campaign that changed legal and social attitudes toward domestic abuse. Situating domestic violence activism within a broader history of feminism in post-war Germany, the book traces the evolution of this movement both across political division and reunification and from grassroots campaign to established, professionalized social service. It links histories of feminism in East and West Germany and challenges historiographies of reunification that focus on feminist failures. Feminist Transformations reflects on the tensions between the activists who found

This is the story of organ transplantation, told from the organ’s point of view. Organs for transplantations come from two sources: living or post-mortem organ donations. These sources set different routes of movement from one body to another. Postmortem organ donations are mainly sourced and allocated by state agencies, while living organ donations are the result of informal relations between donor and recipient. Each route traverses different social institutions, determines discrete interaction between donor and recipient, and is charged with moral meanings that can be competing and contrasting. The political economy of organs for transplants is the gamut of these routes and their interconnections, and this book explains what such a political economy looks like: its features and contours, its negotiation of the roles of the state, market and the family in procuring organs for transplantations, and its ultimate moral justifications. Drawing on Boas’ personal experiences of waiting, searching and obtaining or

The boundary that once protected our intimate lives from outside interests is an artefact of the 20th century. In the 21st, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our privacy wash out with the technological tide. And the erosion of intimate privacy in particular, Citron argues, holds immense toxic power to transform our lives and our societies for the worse (and already has). With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age (Norton, 2022) reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. An