New Books In Law

Though human rights monitors talk of fact-finding missions and reports, human rights facts are, like all social phenomena, not in fact found but made — through processes by which we come to know and talk about them. But how exactly does that happen? And how, by attending to these processes, might we arrive at a more robust understanding of human rights facts? These are the kinds of questions animating Ken MacLean’s new book, Crimes in Archival Form: Human Rights, Fact Production and Myanmar (University of California Press, 2022). In this episode Ken joins New Books in Southeast Asian Studies to explore some of the answers he arrived at after years of research on the complexities of human rights fact production about crimes against humanity in eastern Myanmar, or Burma, and to discuss how it is possible to cast a critical eye over how human rights facts are made and not only remain engaged in causes for human rights, but to make them even stronger at a time that human rights facts are sorely tested, and the tr

At Crosstown Clinic, doctors are turning addiction treatment on its head: they’re prescribing heroin-users the very drug they’re addicted to. This is the story of one clinic’s quest to remove the harms of addiction, without removing the addiction itself. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Imagine reading or watching The Minority Report and thinking of that as a model for the criminal justice system. Well, plenty of forensic types are doing just that. Can you figure out if you are a criminal by scanning your brain? On this episode of Darts and Letters, guest-host Jay Cockburn and our guests explore the study of the criminal mind, from the history of madness, to spotty personality tests, to the emerging neuroscientific frontier. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact information, and more, visit our about page. Learn more a

What does gentrification look like? Can we even agree that it is a process that replaces one community with another? It is a question of class? Or of economic opportunity? Who does it affect the most? Is there any way to combat it? In Gentrification is Inevitable and Other Lies (Verso, 2022), Leslie Kern travels from Toronto, New York, London, Paris, and San Francisco and scrutinises the myth and lies that surround this most urgent urban crisis of our times. First observed in 1950s London, and theorised by leading thinkers such as Ruth Glass, Jane Jacobs and Sharon Zukin, this devastating process of displacement now can be found in every city and most neighbourhoods. Beyond the Yoga studio, farmer’s market and tattoo parlour, gentrification is more than a metaphor, but impacts the most vulnerable communities. Kern proposes an intersectional way of looking at the crisis that seek to reveal the violence based on class, race, gender, and sexuality. She argues that gentrification is not natural. That it cannot be

With much existing research on migration focusing on the Global North—like Europe and the US—Pugh’s The Invisibility Bargain: Governance Networks and Migrant Human Security (Oxford UP, 2021) shifts the focus to the Global South, which hosts 86% of refugees. With particular attention to Ecuador and other parts of Latin America, The Invisibility Bargain approaches questions of governance, human security, and international politics with an eye towards how both state and non-state actors enforce an “invisibility bargain,” wherein migrants must stay politically and socially invisible in order to remain welcome. Drawing on over 170 interviews, 15 months of fieldwork, and discourse analysis of over 400 presidential speeches and 800 Ecuadorian news stories, The Invisibility Bargain will be of great interest to those in Latin American Studies, Migration Studies, Sociolegal Studies, and Political Science. Dr. Jeffrey Pugh is Associate Professor in the Department of Conflict Resolution, Human Security, & Global Governan

In this episode of High Theory, Erin McElroy talks with Nathan Kim about Property Technology. This is the first episode in the High Theory in STEM series, that tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. Not only is “property technology” a term for digital tools and other methods used by landlords to track and dispossess tenants, but property itself is a technology. In the episode, Nathan references Erin’s article “Property as Technology,” in which they write that "property itself has long served as a technology of racial dispossession, constituting a palimpsest for the contemporary gentrifying moment." You can read the whole article here: McElroy, Erin. "Property as technology: temporal entanglements of race, space, and displacement." City 24, no. 1-2 (2020): 112-129. Erin McElroy is an assistant professor in American Studies at UT Austin, a co-founder of the Anti-Eviction Mapping Project, and an editor of the Radical Housing Journal. They are figh

Dr. Charles Smith performed autopsies at the Hospital for Sick Children in Toronto, ON. The cops kept turning to him with new corpses, and he kept claiming that these deaths were the result of foul play. He was thought of as a God in his field–few people were willing to question his work. That is until a 2008 inquiry, which found evidence of errors in 20 of the 45 autopsies they reviewed. Dr. Smith’s judgements played a role in 13 wrongful convictions. On this episode, we tell one of those stories. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too. ——————-ABOUT THE SHOW—————— For a full list of credits, contact

Using rare grassroots archives, Tiger, Tyrant, Bandit, Businessman: Echoes of Counterrevolution from New China (Stanford UP, 2022) dives deep into four true criminal cases during the political campaign to suppress counterrevolutionaries of the People’s Republic of China from 1949 to 1953. The first casefile recounted a story of a Confucian scholar who found himself allied with bandits and secret society members. The second casefile was on an assassination of a Communist cadre by a farmer, who was condemned as a landlord and an evil tyrant by the Party. The third casefile was about how the two runaway landlords avoided prosecution of the Party-state by exploiting relative and religious networks in local community. The fourth casefile was on a hapless merchant who accused of a crime he did not commit. Read collectively, the book shows how the newly-established Party-state brought its power to village society. More importantly, the book persuasively demonstrates that the rural revolution could only be understood

When it comes to complex social problems, us “sensible” types turn to the experts, but what if they don’t actually know what they’re talking about? That happens to be the case with many forensic experts. Blood spatter, ballistics, hand-writing analysis, fingerprints, etc. They aren’t Gods, they aren’t magicians, they ain’t anything like what you see on CSI. In fact, they get things terribly wrong; and when they do, the consequences can be catastrophic. We’ll reveal the crisis in forensic expertise, and look for ways to fix it, featuring the American lawyer falsely arrested for the 2004 Madrid bombings because of a fingerprint. —————————-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 more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get co

This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice (Cambridge UP, 2013), which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts.  This podcast will review both the first edition of the Encyclopedia of Transitional Justice and preview the second edition, forthcoming in March 2023. We explore new country entries, an e

In the 1960s and 1970s, the exposure of Big Tobacco’s aggressive lobbying and internal efforts to obscure science showcasing the harmful effects of smoking changed U.S. public opinion of the industry and of product safety protocols, both of which had largely obscured these harms from public view for decades. Public awareness grew, triggering regulation on disclosure related to political influencing strategies, marketing tactics, and transparency regarding the devastating toll of tobacco products on many communities, including and especially children. As similar approaches to assessing the public health impacts of Big Oil and Big Pharma, among other industries, have gained traction in recent decades, Dr. Mélissa Mialon’s new book, Big Food & Co (Thierry Souccar Editions, 2021), adds the amalgamation of multinationals and transnational supply chains that make up Big Food, to that list. Rising health inequities across race, class, and geography are subtle, yet central themes throughout Dr. Mialon’s meticulous ac

Adrienne Buller (The Value of a Whale) and Mathew Lawrence (Planet on Fire) have penned a radical manifesto for the transformation of post-pandemic politics: Owning the Future: Power and Property in an Age of Crisis (Verso, 2022). The question of ownership is the critical fault line of our times. During the pandemic this issue has only become more divisive. Since March 2020 we have witnessed the extraordinary growth of asset manager capitalism and the explosive concentration of wealth within the hands of the already super-rich. This new oligarchy controls every part of our social and economics lives. In the face of crisis, the authors warn that mere redistribution within current forms of ownership is not enough; our goal must be to go beyond the limits of the current system, dominated by private enclosure and unequal ownership. Only by reimagining how our economy is owned and by whom can we address the crises of our time - from the fallout of the pandemic to ecological collapse - at their roots. Building from

Today’s Postscript (a special series that allows scholars to comment on pressing contemporary issues) focuses on the US Supreme Court and the Second Amendment. It is hard to exaggerate the extent to which the most recent term of the U.S. Supreme Court changed the substance of the laws Americans live by and the method by which the Court determines whether a law is unconstitutional. The Court upended 50 years of abortion jurisprudence, challenged laws that govern tribal sovereignty, and undercut the power of Congress to make and implement laws regarding climate change. The abortion ruling in Dobbs v. Jackson consumed much of the press coverage and public outrage but our podcast conversation focuses New York State Rifle & Pistol Association v. Bruen. The Supreme Court not only overturned a century-old statute regulating the concealed carrying of guns in public – it changed the rules for determining what is or is not protected by the US Constitution under the Second Amendment. The podcast engages the relationship

Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland (Brepols, 2022) offers a fresh look at the legal status of minorities in English Ireland. Through a detailed analysis of case studies gleaned from medieval court rolls, Stephen Hewer challenges the prevailing narrative of wholesale ethnic discrimination and presents a nuanced picture of intersectional identities, strategies of negotiation, and evolving tensions between legal principle and practice. The notion that all Gaelic peoples were immediately and ipso facto denied access to the English royal courts in Ireland, upon the advent of the English in 1167, has become so accepted in academic and popular histories of Ireland that it is no longer questioned. This book tackles this narrative of absolute ethnic discrimination in thirteenth- and early fourteenth-century English Ireland on the basis of a thorough re-examination of the Irish plea rolls. A forensic study of these records reveals a great deal of variati

How do competing interests shape public policy? Why are the economic interests and priorities of lower-, working-, and middle-class Americans often neglected while the interests and priorities of wealthier Americans are often front and center for the U.S. Congress? Previous work in political science has highlighted income disparity or the importance of agenda setting but Hijacking the Agenda: Economic Power and Political Influence (Russell Sage Foundation, 2021) unpacks HOW business interests and wealthy individuals shape public policy to their benefit by “hijacking the agenda” away from the interests of average Americans. Witko, Morgan, Kelly, and Enns focus on the speech of elected representatives as recorded in the Congressional Record. Their remarkable Congressional Rhetoric Database codes speech from 1995 to 2016. Using an integrated, multi-method research design, they conclude that the interplay between two types of power – structural and kinetic – give wealthy interests considerable influence over the

It began with a smoke break. James Monsees and Adam Bowen were two ambitious graduate students at Stanford, and in between puffs after class they dreamed of a way to quit smoking. Their solution became the Juul, a sleek, modern device that could vaporize nicotine into a conveniently potent dosage. The company they built around that device, Juul Labs, would go on to become a $38 billion dollar company and draw blame for addicting a whole new generation of underage tobacco users. Time magazine reporter Jamie Ducharme follows Monsees and Bowen as they create Juul and, in the process, go from public health visionaries and Silicon Valley wunderkinds to two of the most controversial businessmen in the country. With rigorous reporting and clear-eyed prose that reads like a nonfiction thriller, Big Vape: The Incendiary Rise of Juul (Henry Holt, 2021) uses the dramatic rise of Juul to tell a larger story of big business, Big Tobacco, and the high cost of a product that was too good to be true. Jamie Ducharme is a corr

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides?: States As Laboratories of Constitutional Experimentation (Oxford UP, 2021), the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation f

In Probability and Forensic Evidence: Theory, Philosophy, and Applications (Cambridge UP, 2021), Ronald Meester and Klaas Slooten address the role of statistics and probability in the evaluation of forensic evidence, including both theoretical issues and applications in legal contexts. It discusses what evidence is and how it can be quantified, how it should be understood, and how it is applied (and, sometimes misapplied). Ronald Meester is Professor in probability theory at the Vrije Universiteit Amsterdam. He is co-author of the books Continuum Percolation (1996), A Natural Introduction to Probability Theory (2003), Random Networks for Communication (2008), and has written around 120 research papers on topics including percolation theory, ergodic theory, philosophy of science, and forensic probability. Klaas Slooten works as Statistician at the Netherlands Forensic Institute and at the Vrije Universiteit Amsterdam where he is Professor by special appointment. He as published around 30 articles on forensic p

On the morning of Thursday 29 June 1682, a magpie came rasping, rapping and tapping at the window of a prosperous Devon merchant. Frightened by its appearance, his servants and members of his family had, within a matter of hours, convinced themselves that the bird was an emissary of the devil sent by witches to destroy the fabric of their lives. As the result of these allegations, three women of Bideford came to be forever defined as witches. A Secretary of State brushed aside their case and condemned them to the gallows; to hang as the last group of women to be executed in England for the crime. Yet, the hatred of their neighbours endured. For Bideford, it was said, was a place of witches. Though 'pretty much worn away' the belief in witchcraft still lingered on for more than a century after their deaths. In turn, ignored, reviled, and extinguished but never more than half-forgotten, it seems that the memory of these three women - and of their deeds and sufferings, both real and imagined – was transformed fr

Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don't know: Until Thomas went to law school, he was a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist.  In The Enigma of Clarence Thomas (Metropolitan Books, 2019), Corey Robin--one of the foremost analysts of the right--delves deeply into both Thomas's biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas's conservative views, Robin argues, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by this racism, and that the most African-Americans can hope for is that white people will get out of their way. There's a reason, Robin concludes, why lib