New Books In Law

Beginning with Etan Patz's disappearance in Manhattan in 1979, a spate of high-profile cases of missing and murdered children stoked anxieties about the threats of child kidnapping and exploitation. Publicized through an emerging twenty-four-hour news cycle, these cases supplied evidence of what some commentators dubbed "a national epidemic" of child abductions committed by "strangers." In Stranger Danger: Family Values, Childhood, and the American Carceral State (Oxford University Press, 2020), Paul M. Renfro narrates how the bereaved parents of missing and slain children turned their grief into a mass movement and, alongside journalists and policymakers from both major political parties, propelled a moral panic. Leveraging larger cultural fears concerning familial and national decline, these child safety crusaders warned Americans of a supposedly widespread and worsening child kidnapping threat, erroneously claiming that as many as fifty thousand American children fell victim to stranger abductions annually

What happens when a court tries to become a “new” court? What happens to the many artifacts of its history—previous laws and jurisprudence, the building that it inhabits, the people who weave in and out of it? This is the question that grounds Alex Jeffrey’s new book, The Edge of Law: Legal Geographies of a War Crimes Court (Cambridge University Press, 2020), which explores the making of the Court of Bosnia and Herzegovina. Through extensive engagements with the different actors working in and around the Court, as well as with the Court itself, Jeffrey shows how the law is productive of many different edges, which are themselves both practical (in the sense that they reflect real-world conditions) and idealized (in the sense that they allow the law to take responsibility for some things but not others). By looking at the ways that a court that is imagined to be above the small concerns of the world that it inhabits must, in fact, encounter those small concerns, Jeffrey is able to shine light on the ways that

Have you ever thought about how much energy goes into avoiding sexual violence? The work that goes into feeling safe goes largely unnoticed by the women doing it and by the wider world, and yet women and girls are the first to be blamed the inevitable times when it fails. We need to change the story on rape prevention and ‘well-meaning’ safety advice, because this makes it harder for women and girls to speak out, and hides the amount of work they are already doing trying to decipher ‘the right amount of panic’. With real-life accounts of women’s experiences, and based on the author’s original research on the impact of sexual harassment in public, this book challenges victim-blaming and highlights the need to show women as capable, powerful and skillful in their everyday resistance to harassment and sexual violence. In this interview, Dr. Fiona Vera-Gray and I discuss the fear of crime paradox, factors that contribute to fear of crime, the concept of safety work, and how we can move forward in combating sexual

The ubiquity of technology that collects massive volumes of all kinds of data lends itself to one overarching question: “What?” As in what is the purpose(s) of this collection? What are the benefits? And, what are the impacts? In his new book, Too Smart: How Digital Capitalism is Extracting Data, Controlling Our Lives, and Taking Over the World (MIT Press, 2020), Jathan Sadowski explores this question and those related in an investigation of the expansion of “smart” technologies – networked devices enabling automated data collection and use. In exploring the interests inherent in the design and deployment of smart technology, Sadowski, a Research Fellow in the Emerging Technologies Research Law at Monash University, investigates the political economy of digital capitalism, and the implications of continued reliance on and permeation of smart technology. Learn more about your ad choices. Visit megaphone.fm/adchoices

Slavery and the University: Histories and Legacies (University of Georgia Press, 2019), edited by Leslie M. Harris, James T. Campbell, and Alfred L. Brophy, is the first edited collection of scholarly essays devoted solely to the histories and legacies of this subject on North American campuses and in their Atlantic contexts. Gathering together contributions from scholars, activists, and administrators, the volume combines two broad bodies of work: (1) historically based interdisciplinary research on the presence of slavery at higher education institutions in terms of the development of proslavery and antislavery thought and the use of slave labor; and (2) analysis on the ways in which the legacies of slavery in institutions of higher education continued in the post–Civil War era to the present day. The collection features broadly themed essays on issues of religion, economy, and the regional slave trade of the Caribbean. It also includes case studies of slavery’s influence on specific institutions, such as P

"Man is born free, and everywhere he is in chains." The opening sentence of 18th century philosopher Jean-Jacques Roussau's The Social Contract poses a central question for all of us. Why do we live under conditions of inequality, violence, dependency and general unhappiness (just look on twitter!) if society is made by us and for us? Why does it seem that modern human beings are not liberated but in fact subjugate themselves voluntarily to a system that robs them off their freedom? Rousseau's thought has informed much of modern political theory and philosophy and inspired people everywhere to think about the balance between individual liberty and collective existence. In order to understand better the lasting influence of Rousseau and his current significance, I spoke with Melissa Schwartzberg, who is Silver Professor of Politics at New York University and a specialist in political theory. Melissa's research is in the historical origins and normative logic of democratic institutions. This means she examines

We live in an interconnected world. People, goods, and services leap across borders like never before. Terrorist organizations, like al-Qaida, and digital platforms, like Facebook, have gone global. But, if problems straddle different national jurisdictions, how do regulation and enforcement even happen? Of Privacy and Power: The Transatlantic Struggle over Freedom and Security (Princeton University Press, 2019) is a timely and wise analysis of globalization and how it has fundamentally transformed governance. Digging into transatlantic relations, Abraham Newman and Henry Farrell show how American and European businesses, activists and policymakers have fought over and decided security and data policy. The book is also a call to action for their fellow IR scholars to study, what Newman and Farrell call, “the international politics of information.” Given the significance of data politics and misinformation campaigns to our present moment, I hope they listen. Dexter Fergie is a PhD student of US and global hist

The myth of Jews killing Christian children emerged in 1144 CE, with the death of a boy named William in Norwich, England. Over the course of several centuries, this myth gained traction and became firmly rooted throughout medieval and early modern Europe. In Blood Libel: On the Trail of an Antisemitic Myth (Harvard University Press, 2020), Magda Teter traces the history of this myth and analyzes how accusations of ritual murder have followed Jews from the 12th century to the contemporary period. Magda Teter is Professor of History and Shvidler Chair in Judaic Studies at Fordham University. Lindsey Jackson is a PhD student at Concordia University in Montreal, Canada. Learn more about your ad choices. Visit megaphone.fm/adchoices

Franz Neumann was a member of a generation that saw the end of the Kaiserreich and the beginnings of a democratic republic carried by the labor movement. In Neumann's case, this involved a practical and professional commitment, first, to the trade union movement and, second, to the Social Democratic Party that gave it political articulation. For Neumann, to be a labor lawyer in the sense developed by his mentor, Hugo Sinzheimer, was to engage in a project to displace the law of property as the basic frame of human relations. The defeat of Weimar and the years of exile called many things into question for Neumann, but not the conjunction between a practical democratic project to establish social rights and an effort to find a rational strategy to explain the failures, and to orient a new course of conduct. David Kettler and Thomas Wheatland's new book Learning from Franz L. Neumann (Anthem Press, 2019) pays special attention to Neumann's efforts to break down the conventional divide between political theory an

Obedience is integral to the military, to society, and to communities. To bring individuals together to work cohesively and successfully towards a common goal, be it seizing an objective on the battlefield, creating an enduring political or social project, or simply running a local soup kitchen, obedience must be present. But how many of us, whether soldiers or civilians, ever stop to consider just what obedience is? Is obedience a core military virtue? Is it a core civilian virtue, and if so why? Why should soldiers or citizens be obedient? When should they be disobedient? And how might or should conflicting or overlapping obediences influence the conduct of modern American citizen-soldiers? These questions are the driving force behind Pauline Shanks Kaurin's nuanced, insightful meditation on the nature of obedience, On Obedience: Contrasting Philosophies for the Military, Citizenry, and Community (Naval Institute Press, 2020). Dr. Kaurin convincingly argues that our current understanding of obedience is inc

In her latest book, In Search of Criminal Responsibility: Ideas, Interests, and Institutions (Oxford University Press, 2016), Nicola Lacey brings together philosophical, historical and socio-legal methods to give an account of the ever changing notion of responsibility in criminal law. She distinguishes between ideas of responsibility, which she argues are founded in notions of character, psychological capacity, the causation of harmful outcomes and the presentation of risk. The book draws links between these ideas of responsibility; of the institutions that produce them, and the interests that have shaped both doctrines and institutions. In her analysis of responsibility over time, Nicola demonstrates the functions that criminal law and punishment have been required to perform at different periods in history. Criminal law has moved from notions of character and outcome responsibility in the eighteenth century, through a period dominated by capacity responsibility, which has become established as central in c

In the late nineteenth century, Italians and Eastern European Jews joined millions of migrants around the globe who left their countries to take advantage of the demand for unskilled labor in rapidly industrializing nations, including the United States. Many Americans of northern and western European ancestry regarded these newcomers as biologically and culturally inferior--unassimilable--and by 1924, the United States had instituted national origins quotas to curtail immigration from southern and eastern Europe. In her new book Unwanted: Italian and Jewish Mobilization against Restrictive Immigration Laws, 1882–1965 (UNC Press, 2020), Maddalena Marinari examines how, from 1882 to 1965, Italian and Jewish reformers profoundly influenced the country’s immigration policy as they mobilized against the immigration laws that marked them as undesirable. Strategic alliances among restrictionist legislators in Congress, a climate of anti-immigrant hysteria, and a fickle executive branch often left these immigrants wi

In early 2019, freshman representative Alexandria Ocasio Cortez and Senator Ed Markey proposed a bold new piece of legislation, now very well known as the Green New Deal. Intended as a means of combating climate change, it stunned a number of people due to its enormous ambition, including massive overhauls of our energy systems, as well as providing housing and healthcare for everyone. Naturally a piece of legislation this large raised a number of questions, which is what my guests today are here to discuss. I recently had the pleasure of talking with Kate Aronoff, Alyssa Battistoni, Daniel Aldana Cohen and Thea Riofrancos, the authors of ​A Planet to Win: Why We Need a Green New Deal​ (Verso, 2019). The book is short and accessible, written for everyone interested in understanding this vital piece of legislation, so if you are like me and you don’t understand the fine details of climate economics, you can still pick this up and gain a sense of what is to be done. The book also features a short forward by Nao

Katherine Franke’s ambitious new book challenges Americans to face our collective responsibility for ongoing racial inequality. Rather than fall back on what Franke calls a “palliative history” that emphasizes granting freedom and rights after the Civil War, Franke insists that Americans acknowledge the failure to provide any meaningful reparation to formerly enslaved people in the 1860s. That failure has ongoing structural effects today. The book replots this history through archival research on two post-war communities in which property ownership produced increased autonomy for freed people. Franke contrasts free and freed – and calls this the dangling ‘d’ the residue of enslavement. Using a myriad of primary documents from the Sea Islands of South Carolina and Davis Bend, Mississippi, Franke details the successes and failures of these communities as they governed and organized their land. Repair demonstrates how government officials recognized the need for reparations (a term they used) and repair in the f

Cassia Roth's new book A Miscarriage of Justice: Women’s Reproductive Lives and the Law in Early Twentieth-Century Brazil (Stanford University Press, 2020) examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities―their ability to conceive and raise future citizens and laborers―became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical

Most Americans have a limited understanding of the history of segregation in the United States. While many are taught that segregation was as an institution of social control that dominated Southern society, economics, and politics from the late nineteenth century to the middle of the twentieth century, a much smaller proportion realize that Jim Crow policies and practices existed in cities throughout the north and west. In Strategies of Segregation: Race, Residence, and the Struggle for Educational Equality (University of California Press, 2018), David G. García makes a substantial contribution to the history of segregation in the US by examining its implementation and preservation in the city of Oxnard, California from 1903 to 1974. Located about an hour north of Los Angeles, García explains how the “white architects” of Oxnard instituted segregationist policies in housing and education during the initial decades of the twentieth century, which ultimately shaped life chances and outcomes for Mexican America

Defence lawyers in adversarial legal systems are obligated to remain loyal to their clients, irrespective of the client or the crime. In such cases, lawyers are expected to manage inappropriate emotions to ensure conformity to the emotional regime of law, thereby making the job emotionally demanding. Lisa Flower from Lund University, Sweden, in her study titled “Emotional Defence Lawyers”, published in Brill’s Emotions: History, Culture, Society, analyzes how defence lawyers employ emotion management strategies to perform their duty of loyalty and how this plays a role in the construction of justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The fear of campus sexual assault has become an inextricable part of the college experience. Research has shown that by the time they graduate, as many as one in three women and almost one in six men will have been sexually assaulted. But why is sexual assault such a common feature of college life? And what can be done to prevent it? Drawing on the Sexual Health Initiative to Foster Transformation (SHIFT) at Columbia University, the most comprehensive study of sexual assault on a campus to date, Jennifer S. Hirsch and Shamus Khan present an entirely new framework that emphasizes sexual assault’s social roots—transcending current debates about consent, predators in a “hunting ground,” and the dangers of hooking up. Sexual Citizens: A Landmark Study of Sex, Power, and Assault on Campus (Norton, 2020) is based on years of research interviewing and observing college life—with students of different races, genders, sexual orientations, and socioeconomic backgrounds. Hirsch and Khan’s landmark study reveals the soci

The right to decision making is important for all people. It allows us to choose how to we our lives – both on a daily basis, and also in terms of how we wish to express ourselves, to live in accordance with our values and desires. However, the right to make decisions has been, and continues to be, routinely denied to people with disabilities – sometimes by family members and carers, or by institutions and courts. In this conversation, Anna Arstein-Kerslake discusses situations where people with cognitive impairments are unjustifiably denied the right to make their own choices. She shares her own experiences to demonstrate how this unjustifiably and unnecessarily discriminates against people with disabilities. But it need not be this way; both in Restoring Voice to the People with Cognitive Disabilities (Cambridge University Press, 2017), and in this episode, Anna takes us through examples of how bringing greater equality for people with cognitive impairments can be of benefit to the entire community. Her boo

After the Second World War, an Australian diplomat was one of eight people to draft the U.N. Declaration of Human Rights. And in the years that followed, Australians of many different stripes—including activists fighting for Aboriginal rights and women’s rights, communists, and even anticommunists—invoked human rights in their respective political struggles. Yet, despite these Australians’ embrace of human rights, the Australian government didn’t sign the Declaration of Human Rights until 1972, and then it took even longer to ratify it. Australia’s ambiguous relationship with human rights is precisely what Jon Piccini untangles in his fascinating, deeply researched book, Human Rights in Twentieth-Century Australia (Cambridge University Press, 2019). By exploring these many different groups’ invocation of human rights, Piccini, a faculty member at the Australian Catholic University, is able to show how ideas and language can circulate even across ideological divisions. This book should be read by those interes