New Books in Law

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 experiences influenced their perceptions of policing, what galvanized Black Lives Matter as a social movement, and how policing tactics during demonstrations influenced subsequent mobilization decisions among protesters.Ultimately, she humanizes people’s deep and abiding anger, underscoring how a movement emerged to denounce both racial biases by police and the broader economic and social system that has stacked the deck against young black civilians.Hands Up, Don’t Shoot is a remarkably current, on-the-ground assessment of the powerful, protestor-driven movement around race, justice, and policing in America.Jennifer E. Cobbina is Associate Professor in the School of Criminal Justice at Michigan State University.Dr. Christina Gessler’s background is in American women’s history, and literature. She specializes in the diaries written by rural women in the 19th century. In seeking the extraordinary in the ordinary, Gessler writes the histories of largely unknown women, poems about small relatable moments, and takes many, many photos in nature. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 identified with limited government. It also reveals something crucial about the genealogy of current ways of thinking about freedom.Annelien de Dijn is a professor of political History at Utrecht UniversityYorgos Giannakopoulos is a historian of Modern Britain and Europe. He has recently guest edited the special issue “Britain, European Civilization and the idea of Liberty” for the History of European Ideas (2020) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 subjects allow the book to also serve as a kind of self-help book for law students and anyone contemplating law school. In this interview, she discusses her sources, the current state of legal education and law students, and her hopes for reforms in legal education.Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 Bhattacharyya is Assistant Professor of History at Drexel University, Philadelphia. She was a Junior Fellow of the American Institute of India Studies, and a former Research Fellow at the International Institute of Asian Studies, Leiden. Currently, she is a visiting Fellow at the Shelby Cullom Davis Center for Historical Studies, Princeton UniversityAhmed Yaqoub AlMaazmi is a Ph.D. candidate at Princeton University. His research focuses on the intersection of law and the environment across the western Indian Ocean. He can be reached by email at almaazmi@princeton.edu or on Twitter @Ahmed_Yaqoub. Listeners’ feedback, questions, and book suggestions are most welcome. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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, community impact, and environmental stewardship on equal footing with financial shareholders.In our conversation Christopher mentioned the origin of the book and why he believes in the work done by B Lab. The book is divided into 11 chapter and is full of interesting practical examples. In the talk we also mentioned the notion of ‘benefit corporation’, in the US and elsewhere.I have asked the author why we should trust the founders of the B Movement and their certification programme. He answered with some examples and convincing arguments. We then focused on chapter 1, ‘Interdependencies not Externalities’, chapter 6, ‘Employees as the Heart of the Company’, chapter 10, ‘Big Isn’t Always Bad’, and eventually chapter 11, ‘Convincing Consumers to Care’. We concluded with his plans for the next book.Informed by over a decade of research and animated by interviews with the movement’s founders and leading figures, Marquis’s book explores the rapid growth of companies choosing to certify as B Corps, both in the United States and internationally, and explains why the future of B Corporations is vital for us all.Andrea Bernardi is Senior Lecturer in Employment and Organization Studies at Oxford Brookes University in the UK. He holds a doctorate in Organization Theory from the University of Milan, Bicocca. He has held teaching and research positions in Italy, China and the UK. Among his research interests are the use of history in management studies, the co-operative sector, and Chinese co-operatives. His latest project is looking at health care in China. He is the co-convener of the EAEPE’s permanent track on Co-operative economy and collective ownership. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 perspectives gathered by the intrepid reporters of Hong Kong’s newspaper of record. The book is not only a carefully curated selection of contemporaneous news coverage, but it also offers thoughtful reflections and penetrating insight into a pivotal moment for Hong Kong.Nick Pozek is the Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University in the City of New York and a host of New Books in Law. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 Theory of Property Rights in Context (Brill, 2012).Virpi Mäkinen is Senior Lecturer in Theological and Social Ethics at the University of Helsinki, Finland.Pamela Slotte is Associate Professor of Minority Studies at the Åbo Akademi University, Finland.Heikki Haara is Senior Lecturer of Political History at the University of Helsinki.Alexandra Ortolja-Baird is Lecturer in Early Modern European History at King’s College London  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 history of the Electoral College itself, and the points of contention between the popular vote tallies and the Electoral College results, as well as the many, many attempts to reform or eliminate the Electoral College, Keyssar highlights the two points in American political history when we came closest to doing away with this means of electing the president. The Era of Good Feeling (1815-1825)—when there was really only one functioning party, and the party system itself was in flux as party competition shifted—saw a significant effort to revise the Electoral College and the contingent election system that had been used when no candidate received a majority of the votes and the House of Representatives must designate a winner. Keyssar also maps out the efforts in the 1960s and early 1970s to pass an amendment to the Constitution to replace the Electoral College with direct popular vote. This legislation was filibustered in the Senate by senior Southern Democratic and Dixiecrat senators who saw the disproportional voice that the Electoral College gave to the Southern states—states where the Black vote had been significantly diminished because of regulations and threats that made it extraordinarily difficult and dangerous for African Americans to vote. Keyssar explains that this was known as the “5/5 rule”—in contrast to the 3/5th rule in the Constitution—whereas the southern states were able to count all Black citizens are part of their populations and preclude all of them from voting.Why Do We Still Have The Electoral College also traces the internal shifts within the states as they moved from their initial approach to the distribution of electoral college votes to the establishment of the “unit rule” or “general ticket” that allocates all of a state’s electoral college votes to the winner in that particular state. Not only have there been attempts to amend the Constitution to get rid of the Electoral College, but there is a long history of the efforts to reform or eliminate the general ticket/unit rule. Keyssar brings the reader forward to the contemporary period through a number of different threads as he outlines multiple dimensions of reform attempts and their failure, all while providing the reader with a deep history of debate about the structure and function of the Electoral College. This unique aspect of the American constitutional system also reflects the continuing impact of the role of race in American politics and political institutions. For those interested, curious, or confused, this book is truly a tour de force on the Electoral College.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015).  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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 the feared injuries.Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.New York Law School professor Nadine Strossen, the immediate past President of the American Civil Liberties Union (1991-2008), is a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions.Arya Hariharan is a lawyer in politics. She spends much of her time working on congressional investigations and addressing challenges to the rule of law. You can reach her via email or Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law