New Books In Law

Discourse in wealthy Western countries about refugees tends to follow a familiar script. How many refugees is a country morally required to accept? What kinds of care and support are host countries required to provide? Who is responsible to maintaining the resulting infrastructure? What, ultimately, is to be done with refugees? Many of these questions assume that states are morally required to rescue refugees. Rarely does the discourse consider the role of wealthy Western countries in creating the conditions under which a refugee crisis emerges. More importantly, we often overlook the role of wealthy Western countries in designing the systems that refugees must navigate in order to access support and assistance; as it turns out, these systems are often complex, inefficient, unfair, and haphazard. In No Refuge: Ethics and the Global Refugee Crisis (Oxford UP, 2020), Serena Parekh argues that the refugee crisis needs to be understood as two crises: one crisis focused on the moral responsibilities of wealthy Wes

Following the high-profile deaths of eighteen-year-old Michael Brown in Ferguson, Missouri, and twenty-five-year-old Freddie Gray in Baltimore, Maryland, both cities erupted in protest over the unjustified homicides of unarmed black males at the hands of police officers. These local tragedies—and the protests surrounding them—assumed national significance, igniting fierce debate about the fairness and efficacy of the American criminal justice system. Yet, outside the gaze of mainstream attention, how do local residents and protestors in Ferguson and Baltimore understand their own experiences with race, place, and policing? In Hands Up, Don’t Shoot: Why the Protests in Ferguson and Baltimore Matter, and How They Changed America (NYU Press), Jennifer Cobbina draws on in-depth interviews with nearly two hundred residents of Ferguson and Baltimore, conducted within two months of the deaths of Brown and Gray. She examines how protestors in both cities understood their experiences with the police, how those experie

We tend to think of freedom as something that is best protected by carefully circumscribing the boundaries of legitimate state activity. But who came up with this understanding of freedom, and for what purposes? In a reappraisal of more than two thousand years of thinking about freedom in the West, Annelien de Dijn argues in her Freedom: An Unruly History (Harvard University Press) that we owe our view of freedom not to the liberty lovers of the Age of Revolution but to the enemies of democracy. The conception of freedom most prevalent today—that it depends on the limitation of state power—is a deliberate and dramatic rupture with long-established ways of thinking about liberty. For centuries people in the West identified freedom not with being left alone by the state but with the ability to exercise control over the way in which they were governed. They had what might best be described as a democratic conception of liberty. Understanding the long history of freedom underscores how recently it has come to be

Kathryne M. Young, an Assistant Professor of Sociology at the University of Massachusetts, Amherst, has written a combination of a sociological study and self-help book about and for American law school students. In How to Be Sort of Happy in Law School (Stanford UP, 2018), Dr. Young surveyed over 1,100 then-current law students, 250 alumni, and conducted detailed interviews with law students about their experiences in law school and concerns about pedagogy, other students, law professors, and hopes and fears about school and their future careers. Young’s work reveals the diversity of types of people and personalities who attend law school and how remarkably similar their experiences are, ranging from the most selective schools to the least. She reveals the varieties of perspectives and coping mechanisms used by students to grapple with the challenges of legal education. Dr. Young also includes much of her own impressions from when she was a law student at Stanford. Her perspectives and the responses of her s

I spoke with Prof. Christopher Marquis, Samuel C. Johnson Professor in Global Sustainable Enterprise and Professor of Management at Cornell University. His latest research book tells the story of an ambitious certification programme that aims to signal to customers and shareholders those small and large corporations that are responsible and caring with their workers, customers, with the planet and the local communities where they operate. Businesses have a big role to play in a capitalist society. They can tip the scales toward the benefit of the few, with toxic side effects for all, or they can guide us toward better, more equitable long-term solutions. In Better Business: How the B Corp Movement Is Remaking Capitalism (Yale UP, 2020), Marquis tells the story of the rise of a new corporate form—the B Corporation. Founded by a group of friends who met at Stanford, these companies undergo a rigorous certification process, overseen by the B Lab, and commit to putting social benefits, the rights of workers, comm

In June of 2019, a proposed amendment to Hong Kong’s Fugitive Offenders Ordinance, sparked widespread protests across the region. Protestors saw in the bill a threat to the judicial independence that Hong Kong has enjoyed since its return to China from the United Kingdom in 1997. The Special Administrative Region plunged into turmoil as disaffected youth combined the ideology the Arab Spring with their fluency in emerging digital tools to organize and mobilize a seemingly leaderless movement. The demonstrations which continue into 2020 have challenged the city’s government, universities, and communities and even test families and friendships. On the first anniversary of the beginning of this wave of anti-government protests, South China Morning Post released a new book Rebel City: Hong Kong's Year of Water and Fire (World Scientific, 2020) Rebel City presents some of the most comprehensive coverage of Hong Kong’s political unrest. Editors Zuraidah Ibrahim and Jeffie Lam masterfully weave together the perspect

Today's guest is Christopher Robertson, Associate Dean for Research and Innovation and Professor of Law at the University of Arizona. His background and research interests overlap several academic disciplines, including bioethics, health law, incentives, behavioral economics and more. His CV includes a PhD in philosophy and a law degree from Harvard. His newest book is Exposed: Why Our Health Insurance is Incomplete and What can be Done About (Harvard University Press, 2019). Colin Miller and Dr. Keith Mankin host the popular medical podcast, PeerSpectrum. Colin works in the medical device space and Keith is a retired pediatric orthopedic surgeon. Learn more about your ad choices. Visit megaphone.fm/adchoices

Debjani Bhattacharyya’s Empire and Ecology in the Bengal Delta: The Making of Calcutta (Cambridge University Press) asks: What happens when a distant colonial power tries to tame an unfamiliar terrain in the world's largest tidal delta? This history of dramatic ecological changes in the Bengal Delta from 1760 to 1920 involves land, water and humans, tracing the stories and struggles that link them together. Pushing beyond narratives of environmental decline, Bhattacharyya argues that 'property-thinking', a governing tool critical in making land and water discrete categories of bureaucratic and legal management, was at the heart of colonial urbanization and the technologies behind the draining of Calcutta. The story of ecological change is narrated alongside emergent practices of land speculation and transformation in colonial law. Bhattacharyya demonstrates how this history continues to shape our built environments with devastating consequences, as shown in the Bay of Bengal's receding coastline. Debjani Bhat

The essays in Rights at the Margins: Historical, Legal and Philosophical Perspectives (Brill) explore the ways rights were available to those in the margins of society. By tracing pivotal judicial concepts such as ‘right of necessity’ and ‘subjective rights’ back to their medieval versions, and by situating them in unexpected contexts such as the Franciscans’ theory of poverty and colonization or today’s immigration and border control, this volume invites its readers to consider whether individual rights were in fact, or at least in theory, available to the marginalized. By focusing not only on the economically impoverished but also those who were disenfranchised because of disability, gender, race, religion or infidelity, this book also sheds light on the relationship between the early history of individual rights and social justice at the margins. Jonathan Robinson, Ph.D. (2010) in Medieval Studies at the University of Toronto, Canada. He currently acts as a lawyer and is the author of William of Ockham’s T

The title of Harvard historian Alexander Keyssar,’s new book poses the question that comes up every presidential election cycle: Why Do We Still Have the Electoral College? (Harvard University Press, 2020). Keyssar presents the reader with a deep, layered, and complex analysis not only of the institution of the Electoral College itself, drawing out how it came about at the Constitutional Convention in 1787, but of the many attempts over more than two centuries to reform it or get rid of it. This is an historical subject with keenly contemporary relevance, as we move into the final stretch of the 2020 election cycle, and we consider how the political landscape, party platforms, and the shape of the presidential race all look the way they do because of the Electoral College. Keyssar unpacks the discussions and debates at the Constitutional Convention about how to elect a president, and then dives into the immediate response to the Electoral College as it was implemented in the new system. In going through the h

The updated paperback edition of Hate: Why We Should Resist it With Free Speech, Not Censorship (Oxford University Press) dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters

In her latest book, The Hidden Face of Rights: Toward a Politics of Responsibilities (Yale University Press), Kathryn Sikkink puts forward a framework of rights and responsibilities; moving beyond the language of rights that has come to dominate scholarship and activism, she makes the case that human rights cannot be truly implemented unless we also recognise that there are corresponding obligations to implement those rights. Recognising that talk of responsibility, obligation and duty are often unpopular - because people do not like to be told what they ‘should’ do - Sikkink advocates that we rethink how we conceive of responsibility – it should not be limited to backward-looking blame attribution, but should be expanded to become one of forward-looking responsibility; instead of just asking who is to blame, responsibility should be expanded to ‘what together can we do?’ In making this argument, she focuses on five key areas – climate change, voting, digital privacy, freedom of speech, and sexual assault - t

Colorizing Restorative Justice: Voicing Our Realities (Living Justice Press, 2020) consists of stories that have arisen from the lived experiences of a broad range of seasoned, loving restorative justice practitioners of color—mostly women—who have fiercely unearthed realities about devastation caused by white practitioners who have unthinkingly worked without a racial or social justice consciousness. This book is thus a wake-up call for European-descended restorative justice practitioners as it is validating for Indigenous practitioners and practitioners of color and enlightening for anyone wishing to explore the intersections of indigeneity, racial justice, and restorative justice. The authors of Colorizing Restorative Justice: Voicing Our Realities are Desirée Anderson, Rochelle Arms Almengor, Michelle Armster, Belinda Dulin, Leon Dundas, Sharon Goens-Bradley, Janice Jerome, Gaye Lang, Erica Littlewolf, Shameeka Mattis, Abdul-Malik Muhammad, Christianne Paras, Christina Parker, Gilbert Salazar, Victor Jose

The tension between secular politics and religious fundamentalism is a problem shared by many modern states. This is certainly true of the State of Israel, where the religious-secular schism provokes conflict at every level of society. Driving this schism is the idea of the halakhic state, the demand by many religious Jews that Israel should be governed by the law of the Torah as interpreted by Orthodox rabbis. The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel (Oxford University Press) traces the origins of the idea, its development, and its crucial importance in Israel's past and present. The book also shows how the history of this idea engages with burning contemporary debates on questions of global human rights, the role of religion in Middle East conflicts, and the long-term consequences of European imperialism. The Invention of Jewish Theocracy is an intellectual history, based on newly discovered material from numerous Israeli archives, private correspondence, court re

In her new book In the Vortex of Violence: Lynching, Extralegal Justice, and the State in Post-Revolutionary Mexico (University of California Press), Gema Kloppe-Santamaría examines the history of violence enacted by groups against alleged transgressors who claimed to bring justice while acting beyond the rule of law. Focusing on the 1930s to 1950s, this book explores the roots of a phenomenon often mistakenly assumed to be a result of neoliberalism in Mexico and elsewhere in Latin America. Kloppe-Santamaría finds that extralegal violence was not a response to the absence of the state nor to increased crime levels, nor is it connected to traditional practices. Instead, lynching is a complex, political act that commonly occurred in urban and rural communities in Mexico. In these locales, the state was not absent, but some citizens rejected its forms of justice and deplored modernization programs that sought to remake their everyday practices. But state officials could condone or even participate in lynchings.

Drawing on detailed archival research on the parallel histories of human rights and neoliberalism, in Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso), Jessica Whyte uncovers the place of human rights in neoliberal attempts to develop a moral framework for a market society. In the wake of the Second World War, neoliberals saw demands for new rights to social welfare and self-determination as threats to “civilisation”. Yet, rather than rejecting rights, they developed a distinctive account of human rights as tools to depoliticise civil society, protect private investments and shape liberal subjects. Jessica Whyte is Scientia Associate Professor of Philosophy at the University of New South Wales. She has published widely on human rights, humanitarianism, sovereignty and war. She is author of Catastrophe and Redemption: The Political Thought of Giorgio Agamben, (SUNY 2013) and The Morals of the Market: Human Rights and the Rise of Neoliberalism (Verso, 2019) and an editor of Humanity: An

The Moral Witness: Trials and Testimony after Genocide (Cornell University Press, 2019) is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s―covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and co

The UK’s transition from legally withdrawing from the EU to leaving the union’s single market will come to an end at midnight on December 31 with no successor trade agreement yet in place. For the UK’s financial sector, which accounts for 7% of the country’s economy and a million of its jobs, whether there is such an agreement and what shape it takes really matters. In Brexit and Financial Regulation (Oxford University Press, 2020), co-editors Jonathan Herbst and Simon Lovegrove have corralled 26 lawyers from 12 leading firms and chambers to explain why. Between them, they cover the history of the withdrawal process, the likely impact of Brexit on regulations of everything from how bankers are rewarded for success to how insolvent banks are wound up, and what could happen next in the negotiations. Jonathan Herbst is Global Head of Financial Services Regulation at law firm Norton Rose Fulbright. Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choice

Sara Mayeux is the author of Free Justice: A History of the Public Defender in Twentieth-Century America, published by the University of North Carolina Press in 2020. Free Justice explores the rise, both in the idea and practice, of the public defender throughout the 20th Century. More than just a strict legal history of the profession, Dr. Mayeux’s work looks beyond the confines of the courtroom or law firm to explore how the public defender was representative of changing ideas of not just law, but American identity. Free Justice expands our knowledge of how and why public defenders became as ubiquitous as they are today. Dr. Mayeux is an Associate Professor of Law at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices

Rancor reigns in American politics. It is possible these days to regard politics as an arena that enriches and ennobles? Matthew D. Wright responds with a resounding yes in his 2019 book, A Vindication of Politics: On the Common Good and Human Flourishing (UP of Kansas, 2019). Wright takes issue with the instrumentalist view of politics and walks readers through key debates in the field of natural law and the ideas of titans in it, primarily John Finnis and Alasdair MacIntyre but discussing along the way some of their peers such as Robert P. George and Mark Murphy. In the section of the book on the relationship of government and the state to family matters, Wright takes on the notions of Amy Gutmann and Robin West, which allow for a level of interference in the family sphere greater than conservative thinkers could ever conceive of countenancing. Not only are living thinkers addressed but so are such figures as Aristotle, Edmund Burke and Abraham Lincoln. Wright shows us how to conduct ourselves on the basis