New Books In Law

Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone, even in the United States? The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. You may be surprised to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for the powerful and the privileged. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court jus­tice Louis Brandeis famously promoted First Amend­ment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Don­ald Trump confidently hid behind privacy despite the public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as author Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets.

Experimentation on animals—particularly humans—is often assumed to be a uniquely modern phenomenon. But the ideas and attitudes that encourage biological and medical scientists to experiment on living creatures date from the earliest expressions of Western thought. In Experimenting with Humans and Animals: From Aristotle to CRISPR (Johns Hopkins UP, 2022) (Johns Hopkins UP), Anita Guerrini looks at the history of these practices and examines the philosophical and ethical arguments that justified them. Guerrini discusses key historical episodes in the use of living beings in science and medicine, including the discovery of blood circulation, the development of smallpox and polio vaccines, and recent research in genetics, ecology, and animal behavior. She also explores the rise of the antivivisection movement in Victorian England, the modern animal rights movement, and current debates over gene therapy and genetically engineered animals. We learn how perceptions and understandings of human and animal pain have

A few big companies are selling information about us to governments and companies. But beyond a general sense of unease, what do we need to know about this and what do we need to do about it? Professor Sarah Lamdan gives answers to those questions in her book Data Cartels: The Companies that Control and Monopolise our Information (Stanford UP, 2022). Listen to her conversations with Owen Bennett Jones. Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. Jeffrey Bellin's book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover (Cambridge UP, 2022) examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffery Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s. Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire. Learn more about your ad choices. Visit megaphone.fm/adchoices

The contemporary internet's de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy: How Surveillance Advertising Conquered the Internet (U Minnesota Press, 2021), Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising. The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet's rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marsh

Is Marx relevant today, after the collapse of communism in Eastern Europe? Is Marx’s political theory compatible with individual rights? You will be surprised to learn that the answers are yes and yes. Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights (Palgrave Macmillan, 2021) offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. Igor Shoikhedbrod begins his book by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. In our discussion, the author tracks the enduring legacy of Marx’s critique of liberal justice by e

In March 2022 the U.S. government announced its determination that genocide was committed by the Myanmar military against Rohingya communities in Myanmar’s Rakhine State in 2017. What will this mean for the roughly one million Rohingya refugees living in neighboring countries, for Rohingya IDPs in Rakhine, and for post-coup Myanmar? In this episode, part two of a two-part series, Terese Gagnon speaks with Kyaw Zeyar Win about this long-awaited determination and the possible implications for Rohingya both within and outside post-coup Myanmar. Click here to listen to part one of the series covering the securitization of Rohingya and roots of the 2017 genocide. Kyaw Zeyar Win is a Project Coordinator at the International Republican Institute in Washington D.C. He is an expert in international relations and human rights with a focus on Myanmar. He holds a master’s in IR from the Maxwell School of Citizenship and Public Affairs at Syracuse University where he was an Open Society Fellow. He is author of the chapter

During the early twentieth century New York State, with its settlement houses, muckraking journalists, labor unions and national political leaders like Theodore Roosevelt, was central to the political ferment of the Progressive Era. And in that time, the New York State Court of Appeals—the state’ highest court--made vitally important decisions on the constitutional legitimacy of laws relating to public health, personal liberty, privacy, the regulation of businesses, working hours for women, and compensation for workers injured on the job. The Court of Appeals, Bruce Dearstyne argues in his new book, was in these years a crucible where new and complex public issues were debated and decided. New York State was large in population (and thus spoke loudly in Congress and the Electoral College) and was at the center of fierce debates over topics such as corporate power, labor rights, public health. In The Crucible of Public Policy: New York Courts in the Progressive Era (SUNY Press, 2022), Dearstyne argues that the

Arvind Narrain is a lawyer and writer based in Bangalore. He is visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was a part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018. In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis.  In India's Undeclared Emergency: Constitutionalism and the Politics of Resistance (Context, 2021), Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a s

Which rules do we obey and which ones can we find a way around? What distinctions can be drawn between rules, models to be emulated and algorithms. Lorraine Daston has published widely on the history of science, probability, scientific objectivity and observation, and many other such matters, and she has now published Rules: A Short History of What We Live By (Princeton UP, 2022). Listen to her discussion with Owen Bennett Jones about rules. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The political Left has long faced tension regarding its universalistic commitments and those to the nation it inhabits. The dilemma is captured succinctly in the Declaration of the Rights of Man and Citizen that articulated leftist or progressive devotion to both man in the historic collective sense of human beings, as well as to the fellow members of a particular political community at the time of the French Revolution. That older tension persists at the same time that the left has increasingly today become associated with identity politics and such phenomena. So how can the Left square this circle between universalism and its own national community? In this episode of International Horizons, Emmanuel Dalle Mulle and Ivan Serrano authors of “Universalism Within: The Tension between Universalism and Community in Progressive Ideology”, discuss the concept and importance of universalism and how it is closely related to the conception of nation-states, creating a tension of values where the clashes between educa

The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of “good character.” By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants: Why Racism Persists in International Migration (Princeton UP, 2022) challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws. In this eye-opening book, Andrew Rosenberg argues that while today’s leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that t

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets: Extreme Domicide and the Right to Home (Rutgers University Press, 2022) by Dr. Bree Akesson & Dr. Andrew Basso answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue.

Canadians are proud of their multicultural image both at home and abroad. But that image isn t grounded in historical facts. As recently as the 1960s, the Canadian government enforced discriminatory, anti-Black immigration policies, designed to restrict and prohibit the entry of Black Barbadians and Black West Indians. The Canadian state capitalized on the public s fear of the Black unknown and racist stereotypes to justify their exclusion. In Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians (Fernwood, 2016), Christopher Stuart Taylor utilizes the intersectionality of race, gender and class to challenge the perception that Blacks were simply victims of racist and discriminatory Canadian and international, immigration policies by emphasizing the agency and educational capital of Black Barbadian emigrants during this period. In fact, many Barbadians were middle to upper class and were well educated, and many, particularly women, found autonomous agency and challenged the very C

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. Geetanjali Srikantan's book Identifying and Regulating Religion in India: Law, History and the Place of Worship (Cambridge UP, 2020) investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal

Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century (Princeton UP, 2021), Dr. Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era. In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denoun

How can you hide and spend billions of dollars? Many people hoping to do that go to London which is today considered the money laundering capital of the world. It’s the place where the world’s most corrupt individuals can park their money safely. How does that work? Where else does it happen and can anything be done about it? Owen Bennett Jones discusses the business of cleaning up dirty money with a journalist and author who has covered kleptocrats and their ill gotten gains for years, Oliver Bullough. He is the author of Butler to the World: How Britain Helps the World's Worst People Launder Money, Commit Crimes, and Get Away with Anything (St. Martin's Press, 2022). Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/

It is easy to condemn obvious wrongdoers such as Elizabeth Holmes, Adam Neumann, Harvey Weinstein, and the Sackler family. But we rarely think about the many people who supported their unethical or criminal behavior. In each case there was a supporting cast of complicitors: business partners, employees, investors, news organizations, and others. And, whether we're aware of it or not, almost all of us have been complicit in the unethical behavior of others. In Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022), Harvard Business School professor Max Bazerman confronts our complicity head-on and offers strategies for recognizing and avoiding the psychological and other traps that lead us to ignore, condone, or actively support wrongdoing in our businesses, organizations, communities, politics, and more. Complicit tells compelling stories of those who enabled the Theranos and WeWork scandals, the opioid crisis, the sexual abuse that led to the #MeToo movement, and the January 6th U.S. Cap

We often find ourselves acting in concert with others, where what we do together goes beyond the causal contribution of any single participant. When a collection of individuals works together in a way that results in a wrongful harm, it’s intuitive to think that each of the participants should be held accountable. Yet this intuition needs to be squared with the fact that no single individual’s contribution was causally necessary for the wrongful harm to have occurred. Hence there’s a range of views about “collective responsibility” that posit group agents and collective intentions. In Authority, Cooperation, and Accountability (Oxford UP, 2022), Saba Bazargan-Forward develops a different approach. On his view, ordinary features of human agency can be disbursed across individuals in a way that forms a division of agential labor. When such a division of labor is established, puzzles about collective responsibility can be resolved. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt Unive

Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and Barbara Frey, the war on drugs launched in 2006 by President Felipe Calderón and the corrupting influence criminal organizations have on public institutions have empowered both state and nonstate actors to operate with impunity. Impunity, they argue, is the root cause that has enabled a human-rights crisis to flourish, creating a climate of generalized violence that is carried out, condoned, or ignored by the state and precluding any hope for justice. Mexico's Human Rights Crisis (U Pennsylvania Press, 2019) offers a broad survey of the current human rights issues that plague Mexico. Essays focus on the human rights