New Books in Law

In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country's lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite (Princeton UP, 2021) examines how a range of underlying mechanisms-gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories-afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, "accidental" developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist.In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.Noopur Raval is a postdoctoral researcher working at the intersection of Information Studies, STS, Media Studies and Anthropology. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In this episode of the Language on the Move Podcast, Brynn Quick speaks with Dr. Alexandra Grey about Dr. Grey’s book entitled Language Rights in a Changing China: A National Overview and Zhuang Case Study (De Gruyter, 2021).China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice.Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy.This book came out in May 2021 after almost a decade of Alex’s doctoral and postdoctoral work. Her doctoral dissertation was recognised as the best dissertation on the sociology of language, internationally, through the 2018 Joshua A. Fishman Award.For additional resources, show notes, and transcripts, go here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ways of Remembering: Law, Cinema and Collective Memory in the New India (Cambridge UP, 2024) tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom--postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and presents itself as the panacea for that very violence.About the Author: Oishik Sircar is a Senior Lecturer at the Melbourne Law School. He was previously the Professor of Law at Jindal Global Law School. His work maps the relationship between law, violence and aesthetics with a particular focus on contemporary India. Along with Ways of Remembering: Law, Cinema and Collective Violence in the New India (CUP 2024), he is the author of Violent Modernities: Cultural Lives of Law in the New India (OUP 2021) and the co-director of the award-winning documentary film We Are Foot Soldiers (PSBT 2010).Priyam Sinha recently graduated with a PhD from the National University of Singapore and has been awarded the Alexander Von Humboldt Postdoctoral Fellowship, starting 2025. She has interdisciplinary academic interests that lie at the intersection of film studies, critical new media industry studies, disability studies, affect studies, gender studies, and cultural studies. She can be reached at https://twitter.com/PriyamSinha Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Police Matters: The Everyday State and Caste Politics in South India, 1900–1975 (Cornell UP, 2021) moves beyond the city to examine the intertwined nature of police and caste in the Tamil countryside. Radha Kumar argues that the colonial police deployed rigid notions of caste in their everyday tasks, refashioning rural identities in a process that has cast long postcolonial shadows.Kumar draws on previously unexplored police archives to enter the dusty streets and market squares where local constables walked, following their gaze and observing their actions towards potential subversives. Station records present a textured view of ordinary interactions between police and society, showing that state coercion was not only exceptional and spectacular; it was also subtle and continuous, woven into everyday life. The colonial police categorized Indian subjects based on caste to ensure the security of agriculture and trade, and thus the smooth running of the economy. Among policemen and among the objects of their coercive gaze, caste became a particularly salient form of identity in the politics of public spaces. Police Matters demonstrates that, without doubt, modern caste politics have both been shaped by, and shaped, state policing. Radha Kumar is Assistant Professor of History at the Maxwell School in Syracuse University. Dr. Kumar holds a PhD in History from Princeton University, where she specialized in Modern South Asian Studies. She has conducted archival research in a range of cities including Madurai, Tirunelveli, Bangalore, Chennai, Delhi, and London, and was supported by the History Department at Princeton University and by the Princeton Institute for International and Regional Studies.Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A guide to the fascinating legal history of the videogame industry, written for nonlawyers. Why did a judge recall FIFA 15, a nonviolent soccer game, from French shelves in 2014? Why was Vodka Drunkenski, a character in Nintendo-Japan’s Punch-Out!, renamed Soda Popinski in the US and then in Western Europe, where the pun made no sense? Why was a Dutch-American company barred by US courts from distributing a clone of Pac-Man? Julien Mailland answers all these questions and more in The Game That Never Ends: How Lawyers Shape the Videogame Industry (MIT Press, 2024), an inside look at the legal history that undergirds our favorite videogames. Drawing on a series of case studies as vignettes of the human comedy, Mailland sheds light on why and how the role of lawyers is key for understanding the videogame industry. Each chapter in The Game That Never Ends is a mini-puzzle that pieces together how an important legal issue arose, was resolved, and impacted the industry and the experience of gamers in real time. These chapters are interspersed with shorter chapters called “The Lawyer’s Corner,” opportunities to dive deeper into individual cases. Lightly footnoted, these interludes connect the previous chapters together by providing a conceptual meta-analysis. Offering a comprehensive overview of the global legal history of videogames, The Game That Never Ends will leave readers with a nuanced, in-depth, and more global understanding of the videogame industry.Rudolf Thomas Inderst (*1978) enjoys video games since 1985. He received a master’s degree in political science, American cultural studies as well as contemporary and recent history from Ludwig-Maximilians-University, Munich and holds two PhDs in game studies (LMU & University of Passau). Currently, he's teaching as a professor for game design at the IU International University for Applied Science, has submitted his third dissertation at the University of Vechta, holds the position as lead editor at the online journal Titel kulturmagazin for the game section, hosts the German local radio show Replay Value and is editor of the weekly game research newsletter DiGRA D-A-CH Game Studies Watchlist. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In June 1609, two judges left Bordeaux for a territory at the very edge of their jurisdiction, a Basque-speaking province on the Atlantic coast called the Pays de Labourd. In four months, they executed up to 80 women and men for the crime of witchcraft, causing a wave of suspects to flee into Spain and sparking terror there. Witnesses, many of them children, described lurid tales of cannibalism, vampirism, and demonic sex. One of the judges, Pierre de Lancre, published a sensationalist account of this diabolical netherworld. With other accounts seemingly destroyed, this witch-hunt – France's largest – has always been seen through de Lancre's eyes. The narrative, re-told over the centuries, is that of a witch-hunt caused by a bigoted outsider.Newly discovered evidence paints a very different, still darker picture, revealing a secret history underneath de Lancre's well-known tale. Far from an outside imposition, witchcraft was a home-grown problem. Panic had been building up over a number of years and the region was fractured by factionalism and a struggle over scarce resources. The Basque Witch-Hunt: A Secret History (Bloomsbury, 2024) by Dr. Jan Machielsen reveals that de Lancre was no outsider; he was a local partisan, married into the Basque nobility. Living at the Franco-Spanish border, the Basques were victims of geography. Geo-politics caused a local conflict which made the witch-hunt inevitable. The same forces eventually sent thousands of religious refugees from Spain to France where they, in turn, became new objects of popular fear and anger.The Basque witch-hunt is justly infamous. This book shows that almost everything historians thought they knew about it is wrong.This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Victim participation at the International Criminal Court (ICC) has routinely been viewed as an empty promise of justice or mere spectacle for audiences in the Global North, providing little benefit for victims. Why, then, do people in Kenya and Uganda engage in justice processes that offer so little, so late? How and why do they become the court’s victims and intermediaries, and what impact do these labels have on them? Victims and the Labour of Justice at the International Criminal Court: The Blame Cascade (Oxford UP, 2024) offers a response to these poignant questions, demonstrating that the notion of ‘justice for victims’ is not merely symbolic, expressive, or instrumental. On the contrary — as Leila Ullrich argues — the ICC’s methods of victim engagement are productive, reproducing the Court as a relevant institution and transforming victims in the Global South into highly gendered and racialized labouring subjects. Challenging the Court’s interplay with global capitalist relationships, the book makes visible the hidden labour of justice, and how it lures, disciplines, and blames both victims and victims’ advocates. Drawing on critical theory, criminological analysis, and multi-sited ethnographic fieldwork in The Hague, Kenya, and Uganda, Victims and the Labour of Justice at the International Criminal Court illuminates how the drive to include victims as participants in international criminal justice proceedings also creates and disciplines them as blameworthy capitalist subjects. Yet, as victim workers learn to ‘stop crying’, ‘be peaceful’, ‘get married’, ‘work hard’, and ‘repay debt’, they also begin to challenge the terms of global justice.Dr. Leila Ullrich is an Associate Professor of Criminology at the University of Oxford's Faculty of Law. Her research lies at the intersection of international criminal justice, transitional justice, victimology, and border criminology. Her work focuses on how global justice institutions construct gendered and racialized subjects and how these groups engage with or resist these processes. Outside academia, Leila worked as social stability analyst on the Syrian refugee crisis at the United Nations Development Programme in Lebanon and she has also worked as an intern for the ICC. She has also worked for the German Bundestag and the BBC World Service.Alex Batesmith is an Associate Professor in Legal Professions in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA).Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In theory, bankruptcy in America exists to cancel or restructure debts for people and companies that have way too many--a safety valve designed to provide a mechanism for restarting lives and businesses when things go wrong financially. In this brilliant and paradigm-shifting book, legal scholar Melissa B. Jacoby shows how bankruptcy has also become an escape hatch for powerful individuals, corporations, and governments, contributing in unseen and poorly understood ways to race, gender, and class inequality in America. When cities go bankrupt, for example, police unions enjoy added leverage while police brutality victims are denied a seat at the negotiating table; the system is more forgiving of civil rights abuses than of the parking tickets disproportionately distributed in African American neighborhoods. Across a broad range of crucial issues, Unjust Debts: How Our Bankruptcy System Makes America More Unequal (New Press, 2024) reveals the hidden mechanisms by which bankruptcy impacts everything from sexual harassment to health care, police violence to employment discrimination, and the opioid crisis to gun violence. In the tradition of Matthew Desmond's groundbreaking Evicted, Unjust Debts is a riveting and original work of accessible scholarship with huge implications for ordinary people and will set the terms of debate for this vital subject.Melissa B. Jacoby is the Graham Kenan Professor of Law at the University of North Carolina at Chapel Hill.Caleb Zakarin is editor at 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

Shehnaz Haqqani's new book Feminism, Tradition and Change in Contemporary Islam: Negotiating Islamic Law and Gender (Oneworld 2024), masterfully blends textual analysis of pre-modern and modern Islamic consensus with qualitative interviews with Muslims in the contemporary United States, to track how notions of what constitutes Islamic and Islamic tradition shift over time. We learn from her interlocutors that certain Islamic legal rulings can be negotiated, as in the case of child marriage, sexual slavery or even female inheritance, while other legal consensus, such as around women’s interfaith marriage or women leading mixed-gender prayers are not negotiable. Haqqani incisively swifts through these various standards of negotiations and arrives at how legal rulings pertaining to Muslim women’s experiences are met with resistance. It seems then that matters of urgency and relevance, which are inevitably political, dedicate when Islamic law and/or tradition can be negotiated. Haqqani’s book illuminates how Islamic tradition has always been flexible, but male dominated scholarly consensus still dedicates this flexibility (or rather inflexibility from an Islamic feminist perspective). This book will be of interest to those who think on gender, Islam, Islamic feminism, Islamic law, and much more.Dr. Shehnaz Haqqani is an assistant professor at Mercer University and specialises in Islam, with a focus on gender and sexuality. She is a host of the podcast 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