New Books In Law

Brian Greene is a Professor of Mathematics and Physics at Columbia University in the City of New York, where he is the Director of the Institute for Strings, Cosmology, and Astroparticle Physics, and co-founder and chair of the World Science Festival. He is well known for his TV mini-series about string theory and the nature of reality, including the Elegant Universe, which tied in with his best-selling 2000 book of the same name. In this episode, we talk about his latest popular book Until the End of Time: Mind, Matter, and Our Search for Meaning in an Evolving Universe (Random House, 2020) Until the End of Time gives the reader a theory of everything, both in the sense of a “state of the academic union”, covering cosmology and evolution, consciousness and computation, and art and religion, and in the sense of showing us a way to apprehend the often existentially challenging subject matter. Greene uses evocative autobiographical vignettes in the book to personalize his famously lucid and accessible explanati

When we think of democracy, we typically think of voting; and when we think of voting, we ordinarily have elections and campaigns in minds. In this intuitive sense, voting is a matter of casting a ballot. After Election Day, votes are counted, and, typically, the majority rules. But things really aren’t so simple. For one thing, citizens bring differing levels of information and ignorance into the voting booth. What’s more, famous mathematical analyses cast doubt on the very idea of a majority will. Given this, what are we to make of democracy? In Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020), Ilya Somin defends the idea that foot voting is an essential element of political freedom and democratic governance. Foot voting is the capacity of individuals to move to the jurisdiction or nation whose government most suits their preferences, or to select their favoured providers of various services. Learn more about your ad choices. Visit megaphone.fm/adchoices

Statelessness and Contemporary Enslavement (Routledge, 2020) bridges current policy debates around citizenship, states, and nations, and theoretical analysis of issues of belonging, consent, and freedom. Jane A. Gordon, Director of Graduate Studies and Associate Professor of Political Science at the University of Connecticut, weaves together the complexities of statelessness, emphasizing that those who are often stateless are so within the nation in which they live, and contemporary enslavement, which is often connected to and the result of labor exploitation and neoliberal economic shifts. These two frameworks of vulnerability are also woven together through changes in western approaches to political and economic policies, the results of which have led to more pronounced precarity and inequality. Gordon’s analysis digs into the concept of exclusion, and through this lens, she is able to consider these parallel but distinct positions in which individuals find themselves. For the stateless, the issue is often

A stark disparity exists between black and white youth experiences in the justice system today. Black youths are perceived to be older and less innocent than their white peers. When it comes to incarceration, race trumps class, and even as black youths articulate their own experiences with carceral authorities, many Americans remain surprised by the inequalities they continue to endure. In Presumed Criminal: Black Youth and the Justice System in Postwar New York (NYU Press, 2019), Carl Suddler brings to light a much longer history of the policies and strategies that tethered the lives of black youths to the justice system indefinitely. The criminalization of black youth is inseparable from its racialized origins. In the mid-twentieth century, the United States justice system began to focus on punishment, rather than rehabilitation. By the time the federal government began to address the issue of juvenile delinquency, the juvenile justice system shifted its priorities from saving delinquent youth to purely con

When Britain went to war in 1914, policemen throughout Great Britain found themselves called upon to perform an ever-increasing range of new tasks that reflected the expanded power of the British state in wartime. In Policing the Home Front, 1914-1918: The Control of the British Population at War (Routledge, 2018), Mary Fraser details the challenges these officers faced and how they worked to carry out their increased responsibilities in straitened circumstances. As Fraser notes, the war imposed new burdens upon the police from the start, as many men quit their posts in order to enlist in the armed forces. To compensate for their absence, auxiliaries were enlisted and women found themselves employed in policing for the first time. These officers were needed as the police were expected to perform a number of new duties, from the administration of wartime separation allowances to dealing with the expanded problems of prostitution, alcohol regulation and youth crime, many of which reflected an expectation by the

The areas of the Law and psychoanalysis overlap in interesting and compelling fashion in the new book, Psychoanalysis, Law, and Society (Routledge, 2019) edited by Adrienne Harris and Plinio Montagna. The book is far reaching and covers where the law and psychoanalysis intersect in diverse areas such as family dynamics, feminism, philosophy and the environment. The authors included here are international experts with experience with the law and the consulting room. In this interview I was able to speak with several of them, Harris, Montagna, Laura Orsi and Elizabeth Allured, and we engaged in a lively discussion that also addresses the current Covid-19 crisis. This is a relevant book that will help therapists to incorporate legal ideas and philosophy into their everyday clinical practice. You can reach Christopher Bandini at @cebandini. Learn more about your ad choices. Visit megaphone.fm/adchoices

Adam M. Sowards is professor of history at the University of Idaho and a leading environmental historian. His new book, An Open Pit Visible from the Moon: The Wilderness Act and the Fight to Protect Miners Ridge and the Public Interest (University of Oklahoma Press, 2020), builds on his recent biography of Supreme Court Justice William O. Douglas to describe what happened when a major copper corporation set out its plans to establish a massive mine in Washington state. With the Wilderness Act (1964) unable to protect this area of outstanding beauty, conservationists set out to apply moral rather than legal strategies of resistance. This excellent new book shows how ordinary citizens banded together to achieve what the law could not – and how market forces ultimately worked to save Miners Ridge. Crawford Gribben is a professor of history at Queen’s University Belfast. His research interests focus on the history of puritanism and evangelicalism, and he is the author most recently of John Owen and English Purita

Yaacov Yadgar discusses his new book, Israel’s Jewish Identity Crisis: State and Politics in the Middle East (Cambridge University Press, 2020) with Peter Bergamin. An important and topical contribution to the field of Middle East studies, this innovative, provocative, and timely study tackles head-on the main assumptions of the foundation of Israel as a Jewish state. Theoretically sophisticated and empirically rich, Yaacov Yadgar provides a novel analysis of the interplay between Israeli nationalism and Jewish tradition, arriving at a fresh understanding of the Israeli-Palestinian conflict through its focus on internal questions about Israeli identity. By critiquing and transcending the current discourse on religion and politics in Israel, this study brings to an international audience debates within Israel that have been previously inaccessible to non-Hebrew speaking academics. Featuring discussions on Israeli jurisprudence, nation-state law, and rabbinic courts, Israel's Jewish Identity Crisis will have fa

In Political Fallout: Nuclear Weapons Testing and the Making of a Global Environmental Crisis (Stanford University Press, 2020), Toshihiro Higuchi presents a history of the 1963 Partial Test Ban Treaty, by which the then-nuclear powers, US, USSR, and UK, agreed to cease, among other things, the atmospheric testing of nuclear weapons, largely moving such tests underground (the Chinese and French continued atmospheric tests in subsequent decades). Higuchi examines the development of knowledge about nuclear fallout, the dissemination and often suppression (mostly by governments of the nuclear powers) of that knowledge during the eighteen years book-ended by the 1945 Trinity Test and the signing of the 1963 Treaty. Political Fallout also considers the legacy of the Partial Test Ban Treaty, which reduced fallout but was followed by an accelerated arms race and buildup of nuclear arsenals. Learn more about your ad choices. Visit megaphone.fm/adchoices

Today’s right wing media has a long history that is largely unknown to its current listeners. In The Radio Right: How a Band of Broadcasters Took on the Federal Government and Built the Modern Conservative Movement (Oxford University Press, 2020), Paul Matzko details its emergence in the 1950s and the response to its rise by some of the leading political and religious institutions of the era. As Matzko explains, the origins of postwar conservative media lay in the broader changes taking place in broadcasting in 1950s. As the major networks shifted their focus from radio to television, local radio stations were eager to find programmers willing to pay to put programs on the air. This gave conservative religious broadcasters such as Carl McIntire and Billy James Hargis an opportunity to spread their message to a nationwide audience. Fearing the growing influence of commentators organizing against their policies, the Kennedy administration sought to use such means as the previously underdeveloped Fairness Doctri

John Hervey Wheeler (1908–1978) was one of the civil rights movement's most influential leaders. In articulating a bold vision of regional prosperity grounded in full citizenship and economic power for African Americans, this banker, lawyer, and visionary would play a key role in the fight for racial and economic equality throughout North Carolina. Utilizing previously unexamined sources from the John Hervey Wheeler Collection at the Atlanta University Center Robert W. Woodruff Library, Brandon K. Winford's John Hervey Wheeler, Black Banking, and the Economic Struggle for Civil Rights (University Press of Kentucky, 2019) explores the black freedom struggle through the life of North Carolina's most influential black power broker. After graduating from Morehouse College, Wheeler returned to Durham and began a decades-long career at Mechanics and Farmers (M&F) Bank. He started as a teller and rose to become bank president in 1952. In 1961, President Kennedy appointed Wheeler to the President's Committee on Equal

In One Mighty and Irresistible Tide: The Epic Struggle Over American Immigration, 1924–1965 (W. W. Norton & Company, 2020), Jia Lynn Yang recounts the personalities and debates that brought about the 1965 Immigration and Nationality Act, which forms the foundation for modern U.S. immigration policy. Undoing the xenophobic national origins quotas enshrined in the 1924 Immigration Act required an epic, forty-year struggle against nativist concerns about the economy and national security, as well as racist and anti-Semitic impulses that continue to plague American society today. Drawing on key scholarly monographs as well as her own research in archives like the LBJ Presidential Library and the Library of Congress, Yang’s narrative is full of larger-than-life characters. Some, like Lyndon B. Johnson and John F. Kennedy, will be familiar with readers. Others, like Congressman Emmanuel Celler of New York and Japanese American Citizens League national secretary Mike Masaoka, are well-known but less well understood.

What do you think about these days when you hear the words, “Supreme Court?” Salacious news coverage of the confirmation hearings of Brett Kavanaugh? Gushing profiles of feminist icon Ruth Bader Ginsburg? High school and vaguely recalled lectures about cases the details of which you dutifully read (or didn’t and flunked the test on) like McCulloch v. Maryland or Marbury v. Madison? Or, in this age on the Coronavirus and the sudden need to determine as a citizen what the respective powers of governors and presidents are in times of crisis, are you suddenly aware that a grasp of seemingly arcane terms like “enumerated powers” is imperative for each and every one of us and not just constitutional scholars? Are you suddenly out of a job and thinking now of attending law school and are not sure you could master the material? Have you suddenly found yourself homeschooling a bright late adolescent in need of a text and an associated online resource about the key legal cases that have determined our destiny as a nati

Sonali Chakravarti, Associate Professor of Political Science at Wesleyan University, has written a thoughtful analysis of the role of the jury in American democracy, with specific attention to the way that the jury experience can provide the structure for more substantive civic engagement. Part of the impetus for this study comes out of the more recent controversial decisions made by juries in a variety of high-profile cases in the United States. The research also evolved out of Chakravarti’s earlier work on the South African Truth and Reconciliation Commission and how citizens were incorporated into the process of transitional justice and engagement in democratic spaces. In Radical Enfranchisement in the Jury Room and Public Life (University of Chicago Press, 2020), Chakravarti argues that the jury room is an important democratic space that is generally ignored as an opportunity to engage citizens in active participation in and with the law. Because we generally are not trained or taught about the actual pro

Consider a couple with an infant (or two) whose lives have become so harried and difficult the marriage is falling apart. Would it be ethical for them to take oxytocin to help them renew their emotional bonds, or would this be an unethical evasion of the hard work that keeping a marriage going requires? What if someone has sexual desires that they consider immoral – should they be able to take a drug to suppress those desires, or alternatively can society force them to? Debates about the ethics of using drugs for enhancement rather than treatment usually focus on the individual, such as doping in sports. In Love Drugs: The Chemical Future of Relationships (Stanford University Press, 2020), Brian Earp and Julian Savulescu consider the case for using drugs to alter our love relationships. Earp, who is Associate Director of the Yale-Hastings Program in Ethics and and Health Policy at Yale University, and Savulescu, the Uehiro Chair in Practical Ethics at the University of Oxford, note that drugs that alter sexua

In his book Fatal Love: Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic (Stanford University Press 2016), Victor Uribe-Urán compares the cases of Spain, and the late-colonial societies of Mexico and Colombia, in a historical moment characterized by corporate patriarchy and enlightened punishment. Focusing on crimes of spousal murders, Uribe-Urán asks intriguing questions: who were the men and women that committed these crimes, and what were their reasons for doing so? How did the law, both royal and ecclesiastical, responded to such murders? In which instances did the monarch decide to forgive or show leniency, and when did justice opt for harsher punishment? In answering these questions, Uribe-Urán challenges some traditional notions of how honor is supposed to work in Iberian societies. Also, he contributes to a growing scholarship that demonstrates that far from being secluded in their homes, women in colonial Spanish America had active public lives. This book is a fascinating re

Hong Kong in 2019 was a city on fire. Anti-government protests, sparked by an ill-fated extradition bill sparked seven months of protest and civil unrest. Protestors clashed with police in the streets, in shopping malls, in residential buildings. Driven by Hong Kong’s young people with their ‘Be Water!’ strategy, the pro-democracy movement grew into a massive force, receiving support from all demographics – from the ‘silver-hairs’, to mothers, from healthcare workers, to journalists and bankers, the ongoing protests polarized the community and changed the urban city space, likely forever. In City on Fire: The Fight for Hong Kong (Scribe, 2020), Antony Dapiran builds on his previous work City of Protest. He explores the 2019 protest movement, how it has changed the city and what Hong Kong means for the world. Dapiran gets you as close to the action as you can be, without having to experience the direct effects of being tear-gassed. This is a must read for anyone interested Hong Kong, China, democracy and human

In German law, a person strongly suspected of having committed a crime can be placed in pretrial detention; but a certain percentage of such people are ultimately acquitted. In this podcast, Dr. Jorg Kinzig, Director of the Institute of Criminology, University of Tubingen, discusses his explorations of why this is. What do acquittals entail? Does Germany need a system and policy change? Dr. Kinzig speaks based on his paper “The Acquittal (After Pretrial Detention)—a Rare but Fascinating Phenomenon of the Criminal Justice System”, published in Brill’s European Journal of Crime, Criminal Law, and Criminal Justice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Punjab was the arena of one of the first major armed conflicts of post-colonial India. During its deadliest decade, as many as 250,000 people were killed. This book makes an urgent intervention in the history of the conflict, which to date has been characterized by a fixation on sensational violence—or ignored altogether. In her book Faith, Gender, and Activism in the Punjab Conflict: The Wheat Fields Still Whisper (Palgrave Macmillan, 2019), Mallika Kaur unearths the stories of three people who found themselves at the center of Punjab’s human rights movement: Baljit Kaur, who armed herself with a video camera to record essential evidence of the conflict; Justice Ajit Singh Bains, who became a beloved “people’s judge”; and Inderjit Singh Jaijee, who returned to Punjab to document abuses even as other elites were fleeing. Together, they are credited with saving countless lives. Braiding oral histories, personal snapshots, and primary documents recovered from at-risk archives, Kaur shows that when entire confli

As British colonial rulers expanded their control in South Asia legal resolutions were increasingly shaped by the English classification of social life. The definitional divide that structured the role of law in most cases was the line between what was deemed religious versus secular. In Governing Islam: Law, Empire, and Secularism in Modern South Asia (Cambridge University Press, 2018), Julia Stephens, Assistant Professor in the Department of History at Rutgers University, examines how Islam and Muslims were regulated within legal domains that managed various spheres of life. British rule determined that religious laws were most effective in governing family affairs but secular laws would govern markets and transactions. What complicated this simple binary was that Islamic “personal law” was very often bound up with economic issues. In our conversation we discuss British notions of “secular governance,” marriage and women’s property, the role of custom in legal reasoning, rulings around ritual and challenges