New Books in Law

Melvin Rogers is Associate Professor of Political Science at Brown University. You can follow Melvin on Twitter at @MRogers097. Professor Rogers specializes in democratic theory, with special focus on the traditions of American and African-American politics.The "Why We Argue" podcast is produced by the Humanities Institute at the University of Connecticut as part of the Future of Truth project. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Anyone who has taken any interest in the politics of Thailand at all in the last two decades could not help but have noticed the part that the country’s judiciary has played in them. Whereas before the 2000s the courts had at best a peripheral role in political life there, in recent years judges have at times weighed in dramatically on high-stakes conflicts. The causes and consequences of these judicial interventions are the subjects of a new book by Duncan McCargo, Fighting for Virtue: Justice and Politics in Thailand (Cornell University Press, 2019). McCargo sets as his task to explain who Thai judges are, how their minds work, and why they became so invested in politics from 2006 onwards. He critiques the courts in Thailand as suffering from what he calls hyperlegalism, while also offering sympathetic portraits of judges he met and observed at work. His abiding concern is with the relationship of the bench to the crown, and with how by taking a virtuous position in defence of the monarchy judges lost opportunities to contribute to a more progressive and just society.Duncan McCargo has also recently published Future Forward: The Rise and Fall of a Thai Political Party (NIAS Press, 2020), with Anyarat Chattarakul.Like this interview? If so you might also be interested in: Tyrell Haberkorn, In Plain Sight: Impunity and Human Rights in Thailand Samson Lim, Siam’s New Detectives: Visualizing Crime and Conspiracy in Modern Thailand Nick Cheesman is a Fellow in the Department of Political & Social Change, Australian National University. He co-hosts the New Books in Southeast Asian Studies channel and hosts the New Books in Interpretive Political & Social Science series on the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ronald Deibert is a professor of Political Science at the University of Toronto and the Director of The Citizen Lab, a public interest research organization that uncovers privacy and human rights abuses on the internet.In his latest book, Reset: Reclaiming the Internet for Civil Society (House of Anansi Press, 2020), Deibert unites a growing corpus of academic literature on the perils of surveillance capitalism to show how today’s data-hungry communications technologies have poisoned our political institutions, our minds, and even our environment. Deibert believes that it is not too late to rescue our politics from our technology, and he argues that the answer lies not in silicon or code but age-old political principles. Look to Montesquieu, not Zuckerberg, Deibert tells us, if you want to find a stable framework for digital governance in the 21st century.On this episode, in addition to all the above, Professor Deibert and I explore the economic engines of surveillance capitalism, the dangers of ritualistic privacy policies, the internet’s immense carbon footprint, and the importance of data privacy law, among other topics.John Sakellariadis is a 2020-2021 Fulbright US Student Research Grantee. He holds a Master’s degree in public policy from the School of International and Public Affairs at Columbia and a Bachelor’s degree in History & Literature from Harvard University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There has recently been a sharp increase in cases where corporations have been sued by street and graffiti artists because their artworks had been used and exploited without the artists’ authorization, for example in advertising campaigns, as backdrops in promotional videos, or as decorating elements of products. This trend shows and confirms that these forms of art are vulnerable. They are actually more exposed to unauthorized exploitation (and destruction as well) than works of fine art, because they are placed in the public eye.Protecting Art in the Street: A Guide to Copyright in Street Art and Graffiti (Dokument Forlag, 2020) explains, with words and images, how copyright laws apply to street art and graffiti, and how they can be of help to creators within these artistic communities. Knowledge about these issues does matter. There has recently been a spike in legal actions or complaints against corporations and individuals that have tried to exploit commercially street artworks without the artists’ consent; and more importantly without sharing with them any profit. Also, legal actions have been brought by street artists to fight the destruction of their pieces.By adopting a simple language, Protecting Art in the Street constitutes an easy-to-understand guide aimed at navigating street artists and graffiti writers through otherwise difficult and intricate legal issues concerning the protection of their artistic outputs.Nick Pozek is Assistant Director at the Parker School of Foreign & Comparative Law at Columbia University Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do we understand the nuances of efforts by Christian conservatives to affect American law – and evaluate their success? What lessons do they hold for other social movements? Dr. Amanda Hollis-Brusky, associate professor of politics at Pomona College and Dr. Joshua C. Wilson, professor of Political Science at the University of Denver join the podcast to discuss Separate But Faithful: The Christian Right's Radical Struggle to Transform Law and Legal Culture (Oxford UP, 2020)The book evaluates whether activists pushing for lawyers and judges with a Christian Worldview have been able to achieve their goals and transform American legal culture. This impressive book contributes to our general understanding of social movements, legal mobilization, and constitutional development – but also the specifics of how the Christian Conservative Legal Movement (CCLM) has attempted to transform American law from secular and liberal to Christian and natural. While many people know of The Federalist Society’s attempts to influence scholarship, they may be less familiar with the push to create separate law schools and legal institutions that teach from a Christian worldview such as Regent University Law School, Liberty University Law School, and Ave Maria School of Law. This thoughtfully written and well-researched book uses a modified version of Support Structure Theory and extensive data collected by the authors to interrogate why the New Christian Right rejected the lower-cost, lower risk infiltration approach to support structure building in favor of “a mix of parallel alternative and supplemental approaches.” The book includes a helpful model (the Support Structure Pyramid) for conceptualizing litigation-based movement support structures, institutions, and their relationship to legal change. The podcast includes a conversation about the evolution of that particular conception (and what the authors might change). Their analysis of different forms of capital (human, social, cultural, and intellectual) allows Hollis-Brusky and Wilson to assess the actual and potential capital outputs of each institution and the extent to which the Christian Conservative Legal Movement achieved their goals. The Christian Right has struggled to influence the legal and political mainstream but it has succeeded in creating a space of resistance to unify and connect those who seek to challenge “a dominant legal culture” seen as “incorrigibly liberal.” In the podcast, the authors discuss how they brought together Hollis-Brusky’s scholarship on the Federalist Society (Ideas With Consequences: The Federalist Society and the Conservative Counterrevolution (Oxford, 2019) and Wilson’s earlier research on The Street Politics of Abortion: Speech, Violence, and American’s Culture Wars (Stanford, 2013) to create this nuanced, collaborative book.Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists recently appeared in the Washington Post’s Monkey Cage and “Retreat from the Rule of Law: Locke and the Perils of Stand Your Ground” was published in the Journal of Politics (July 2020). Email her comments at sliebell@sju.edu or tweet to @SusanLiebell. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“The autarkic European nation-state, if it ever existed, was the exception rather than the rule. Nevertheless it is the myth of the self-sufficient nation-state that lies at the heart of much scholarship on post-WWII European integration,” writes Signe Rehling Larsen in The Constitutional Theory of the Federation and the European Union (Oxford University Press, 2021).“Instead of interpreting the EU in line with previous projects of market creation through empire and federation, the story of the post-WWII project of European integration is often interpreted as a ‘conflict’ or ‘competition’ between the Union and the Member States as the dominant forces in a zero-sum game”.Without taking sides in Europe’s proxy culture war, Larsen’s ground-breaking new book of “political jurisprudence” dispenses with the state as a template for the EU. Rather, she examines the “federal union of states” in America before the Civil War, Germany’s 19th-century experiments with confederations, and the imperial experience to understand a union that is anything but sui generis.Signe Rehling Larsen is a Fellow by Examination at Magdalen College, Oxford and was previously a Max Weber Fellow in Law at the European University Institute in Florence.*The author's own book recommendations are Liberty and Coercion: The Paradox of American Government from the Founding to the Present by Gary Gerstle (Princeton University Press, 2015) and Cars, Trains, Ships and Planes: A Visual Encyclopedia to Every Vehicle (DK Children, 2015).Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Much of the world's politics revolve around questions about the development of the international market for drugs; the roles merchants, government officials, and drug manufacturers played in shaping this market over time and space; and the process of globalization. There are no easy answers to these questions, but the decisions that all of us make about them will have tremendous consequences for individuals and for the planet in the future.Kenneth V. Faunce's new book Heavy Traffic: The Global Drug Trade in Historical Perspective (Oxford UP, 2020) helps students to understand globalization not as an inevitable or natural process, but instead as one that is created by and responds to a variety of human motivations. Examining the international trade in coffee, alcohol, opium, heroin, and cocaine, which have had a significant impact on economies and societies in countries around the world, it offers insight into globalization as a historical process, thereby helping to make sense of today's interconnected world, where products grown or produced in only a handful of places circulate widely, with varying impacts on local populations.Lucas Richert is an associate professor in the School of Pharmacy at the University of Wisconsin, Madison. He studies intoxicating substances and the pharmaceutical industry. He also examines the history of mental health. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ownership and Inheritance in Sanskrit Jurisprudence (Oxford UP, 2021) provides an account of various theories of ownership (svatva) and inheritance (dāya) in Sanskrit jurisprudential literature (Dharmaśāstra). It examines the evolution of different juridical models of inheritance--in which families held property in trusts or in tenancies-in-common--against the backdrop of related developments in the philosophical understanding of ownership in the Sanskrit text-traditions of hermeneutics (Mīmāṃsā) and logic (Nyāya) respectively.Christopher T. Fleming reconstructs medieval Sanskrit theories of property and traces the emergence of various competing schools of Sanskrit jurisprudence during the early modern period (roughly fifteenth-nineteenth centuries) in Bihar, Bengal, and Varanasi. Fleming attends to the ways in which ideas from these schools of jurisprudence shaped the codification of Anglo-Hindu personal law by administrators of the British East India Company during the late eighteenth and early nineteenth centuries. While acknowledging the limitations of colonial conceptions of Dharmaśāstra as positive law, this study argues for far greater continuity between pre-colonial and colonial Sanskrit jurisprudence than accepted previously. It charts the transformation of the Hindu law of inheritance--through precedent and statute--over the late nineteenth, twentieth, and early twenty-first centuries Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does the birth of babies whose embryos have gone through genome editing mean—for science and for all of us?In November 2018, the world was shocked to learn that two babies had been born in China with DNA edited while they were embryos—as dramatic a development in genetics as the 1996 cloning of Dolly the sheep. In this book, Hank Greely, a leading authority on law and genetics, tells the fascinating story of this human experiment and its consequences in CRISPR People: The Science and Ethics of Editing Humans (The MIT Press, 2021). Greely explains what Chinese scientist He Jiankui did, how he did it, and how the public and other scientists learned about and reacted to this unprecedented genetic intervention.The two babies, nonidentical twin girls, were the first “CRISPR'd” people ever born (CRISPR, Clustered Regularly Interspaced Short Palindromic Repeats, is a powerful gene-editing method). Greely not only describes He's experiment and its public rollout (aided by a public relations adviser) but also considers, in a balanced and thoughtful way, the lessons to be drawn both from these CRISPR'd babies and, more broadly, from this kind of human DNA editing—“germline editing” that can be passed on from one generation to the next.Greely doesn't mince words, describing He's experiment as grossly reckless, irresponsible, immoral, and illegal. Although he sees no inherent or unmanageable barriers to human germline editing, he also sees very few good uses for it—other, less risky, technologies can achieve the same benefits. We should consider the implications carefully before we proceed.Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Even without the loss of the City of London from its jurisdiction, the EU has gone through a decade-long revolution in financial supervision and regulation since Lehman Brothers’ bankruptcy in 2008.The directives and regulations introduced in the wake of the crisis took years to negotiate, implement and stress-test against political reality in the last five years. The second wave of the crisis, which exposed the “doom loop” between fiscally weak states and their pet banks, spawned the European Banking Union but left some crucial remedial work undone.In this update of their 2015 edition of European Banking and Financial Law (Routledge, 2020), Matthias Haentjens and Pierre de Gioia Carabellese provide a comprehensive description and analysis of this growing body of new law, its origins, and policy implications.Matthias Haentjens is professor of law, director of the Hazelhoff Centre for Financial Law at the University of Leiden, and a deputy judge in the district court of Amsterdam.*His book recommendations are Stalingrad by Vasily Grossman (1952 – translated by Robert Chandler – Harvill Secker, 2019) and Made at Home by Giorgio Locatelli (Fourth Estate, 2017).Tim Gwynn Jones is an economic and political-risk analyst at Medley Global Advisors. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law