New Books in Law

What threatens American democracy and the rule of law? In her new book, Corporatocracy: How to Protect Democracy from Dark Money and Corrupt Politicians (NYU Press, 2024),legal scholar and campaign spending expert Ciara Torres-Spelliscy argues that the USA’s privately-funded campaign finance system – combined with corporate greed and antidemocratic strains in the modern Republican Party – endangers American democracy. As she sees it, unseen political actors and untraceable dark money influence our elections, while anti-democratic rhetoric threatens a tilt towards authoritarianism.Drawing on key Supreme Court cases such as Citizens United, Professor Torres-Spelliscy explores how corporations have undermined democratic norms, practices, and laws. From bankrolling regressive politicians to funding ghost candidates with dark money, the book exposes how corporations subvert the will of the American people – yet courts struggle to hold corporate interests and corrupt politicians accountable. If American democracy is going to survive in the long term, then the deep pockets of the largest corporations cannot be allowed to join focus with the anti-democratic fringe. Professor Torres-Spelliscy fears a repeat of the January 6th insurrection – but with expansive corporate sponsorship.Professor Torres Spelliscy outlines the ways in which Corporate forces might be held accountable by the courts, their shareholders, and citizens themselves. Along with other reforms, she proposes a democracy litmus test that requires loyalty to democracy in politics and the economy.The end of the podcast features her insights on how oil interests crypto “techno bros” have invested in the outcome of the November 2024 election.Ciara Torres-Spelliscy is a Professor of Law at Stetson Law. She is also a Brennan Center Fellow at NYU Law School who has testified before Congress as an expert on campaign finance and has helped draft Supreme Court briefs. Previously, she authored Corporate Citizen (Carolina 2016) and Political Brands (Elgar 2019). She has recently written about public financing and the Eric Adams indictments and crypto spending in the 2024 election.Mentioned in the podcast: Judd Legum's work on corporate PACs in his Substack, Popular Information Photo with Barack Obama for which Jho Low paid $20 million can be seen here Example of 2022 media attempts to identify “sedition caucus” and election deniers for voters Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It is an era of expansion for the International Organization for Migration (IOM), an increasingly influential actor in the global governance of migration. Bringing together leading experts in international law and international relations, this collection examines the dynamics and implications of IOM's expansion in a new way. Analyzing IOM as an international organization (IO), IOM Unbound?: Obligations and Accountability of the International Organization for Migration in an Era of Expansion (Cambridge UP, 2023) illuminates the practices, obligations and accountability of this powerful but controversial actor, advancing understanding of IOM itself and broader struggles for IO accountability. The contributions explore key, yet often under-researched, IOM activities including its role in humanitarian emergencies, internal displacement, data collection, ethical labour recruitment, and migrant detention. Offering recommendations for reforms rooted in empirical evidence and careful normative analysis, this is a vital resource for all those interested in the obligations and accountability of international organizations, and in the field of migration. This title is also available as Open Access on Cambridge Core. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Law professors Jon Michaels and David Noll use their expertise to expose how state-supported forms of vigilantism are being deployed by MAGA Republicans and Christian nationalists to roll back civil, political, and privacy rights and subvert American democracy. Beyond identifying the dangers of vigilantism, Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy (Atria/One Signal, 2024) functions as a call to arms with a playbook for a democratic response.Michaels and Noll look back in time to make sense of today's American politics. They demonstrate how Christian nationalists have previously used state-supported forms of vigilantism when their power and privilege have been challenged. The book examines the early republic, abolitionism, and Reconstruction.Since the failed coup by supporters of Former president Donald Trump on January 6, 2021, Michaels and Noll document how overlapping networks of right-wing lawyers, politicians, plutocrats, and preachers have resurrected state-supported vigilantism – using wide ranging methods including book bans, anti-abortion bounties, and attacks on government proceedings, especially elections. Michaels and Noll see the US at a critical inflection point in which state-sponsored vigilantism is openly supported by GOP candidates for president and vice-president, Project 2025, and wider networks, Michaels and Noll move beyond analysis to action: 19 model laws to pass. The supporters of democratic equality are numerous and dexterous enough to create a plan to fight radicalism and vigilantism and secure the broad promises of the civil rights revolution.Jon Michaels is a professor of law at UCLA Law, where he teaches and writes about constitutional law, public administration, and national security. He has written numerous articles in law reviews including Yale, University of Chicago, and Harvard and also public facing work in venues like the Washington Post, the New York Times, and Foreign Affairs.David Noll is a law professor at Rutgers Law School. He teaches and writes on courts, administrative law, and legal movements. He publishes scholarly work in law reviews such as California, Cornell, Michigan and NYU and translates for wider audiences in places like the New York Times, Politico, and Slate.Mentioned in the podcast: By Hands Now Known: Jim Crow’s Legal Executioners (Norton) by Margaret A. Burnham Let them Eat Tweets: How the Right Rules in an Age of Extreme Inequality (Liveright) by Jacob Hacker and Paul Pierson Hannah Nathanson at the Washington Post who was part of a team of journalists awarded the 2022 Pulitzer Prize for Public Service for coverage of the Jan. 6 insurrection at the U.S. Capitol Previous interviews with scholars addressing the breakdown of American democracy: Four Threats: The Recurring Crises of American Democracy (Suzanne Mettler and Robert C. Lieberman) Phantoms of a Beleaguered Republic (Stephen Skowronek, John A. Dearborn, and Desmond King); How Democracies Die (Steve Levitsky and Daniel Ziblatt); The Specter of Dictatorship: Judicial Enabling of Presidential Power (David M. Driesen and A Supreme Court Unlike Any Other: The Deepening Divide Between the Justices and the People (Kevin J. McMahon) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Battle for Sabarimala: Religion, Law, and Gender in Contemporary India (Oxford UP, 2024) tells the story of one of contemporary India’s most contentious disputes: a long-running struggle over women’s access to the Hindu temple at Sabarimala. In 2018, the Indian Supreme Court ruled that the temple, which had traditionally been forbidden to women aged ten to fifty because their presence offended the presiding deity, was required to open its doors to all Hindus. The decision in Indian Younger Lawyers Association rocked the nation: protests were launched around India and throughout the diaspora, a record-setting human chain called the ‘Women’s Wall’ was coordinated, and dozens of petitions were filed asking the Supreme Court to review, and potentially reverse, its landmark opinion. Perhaps most significantly, IYLA led the Court to openly reconsider the Essential Practices Doctrine that has been a mainstay of Indian religious freedom jurisprudence since 1954. In this first monograph-length study of the dispute, legal anthropologist Deepa Das Acevedo draws on ethnographic fieldwork, legal analysis, and media archives to tell a multifaceted narrative about the ‘ban on women’. Reaching as far back as the eighteenth century, when the relationship between temple deities and the government was transformed by an ambitious precolonial ruler, and coming up to the litigation delays caused by the coronavirus pandemic, Das Acevedo reveals the complexities of the dispute and the constitutional framework that defines it. That framework, Das Acevedo argues, reflects two distinct conceptions of religion-state relations, both of which have emerged at various stages in the—still unresolved—battle for Sabarimala. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We commonly think of democracy as a social order governed by the people’s collective will. Given the size of the modern states, this picture is typically adjusted to say that democracy is a system of representative government, where elected officials are tasked with governing in ways that reflect the collective will of their constituents.Although it is familiar, this way of depicting democracy invites difficulties. The concept of a collective will is notoriously difficult to nail down. And, moreover, the idea that modern elections reveal or express such a will remains dubious. Accordingly, a good deal of democratic theory aims to fill in the missing details regarding the collective will and its representation.In The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford University Press 2024), Samuel Bagg takes a different tack by proposing a vision of democracy where the central aim is to protect public power from capture. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi, an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under Xi Jinping’s authoritarian rule.Words Like Water: Queer Mobilization and Social Change in China (Temple UP, 2023) explores the nonconfrontational strategies the tongzhi movement uses in contemporary China. Caterina Fugazzola analyzes tongzhi organizers’ conceptualizations of, and approaches to, social change, explaining how they avoid the backlash that meets Western tactics, such as protests, confrontation, and language about individual freedoms. In contrast, the groups’ intentional use of community and family-oriented narratives, discourses, and understandings of sexual identity are more effective, especially in situations where direct political engagement is not possible.Providing on-the-ground stories that examine the social, cultural, and political constraints and opportunities, Words like Water emphasizes the value of discursive flexibility that allows activists to adapt to changing social and political conditions.Caterina Fugazzola is Assistant Senior Instructional Professor of Global Studies at the University of Chicago.Qing Shen is a PhD candidate in anthropology at Uppsala University, Sweden. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Reid Blackman, an author and founder of a digital ethical risk consultancy, discusses his book, Ethical Machines. He explores the nuances of developing AI with ethical considerations, emphasizing the balance between business objectives and responsible practices. The conversation addresses the importance of training organizations in ethical decision-making and navigating trust in machines versus humans. Blackman highlights the urgent need for ethical education in AI and critiques the gap between ethical ideals and operational realities in businesses.

At the end of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked whether we have a republic or a monarchy. He replied “A Republic…if you can keep it.” In The Specter of Dictatorship: Judicial Enabling of Presidential Power (Stanford UP, 2021), David M. Driesen argues that Donald Trump's presidency challenged Americans to consider whether the Madisonian system of checks and balances could robustly respond to a president claiming extensive executive power and disregarding traditional processes such as the peaceful transition of power. Driesen notes that Benjamin Franklin and many men in the “founding” generation observed tyrannical government in Europe – and they explicitly included safeguards in the U.S. Constitution to prevent extensive executive power in the United States.In this tradition, Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey. He argues that an insufficiently constrained presidency is one of the most important systemic threats to constitutional democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Specifically, he sees the United States Supreme Court as enabling the expansion of executive power. Specter of Dictatorship highlights how the Supreme Court’s reliance on and expansion of the legal approach called unitary executive theory threatens the separation of powers in the U.S. Driesen recommends a less deferential approach in which the judiciary checks the executive. The Supreme Court has been acting a if policing presidential power is the threat to democracy – but the real danger for constitutional democracy lies in expansion of executive power. For Driesen, judges and justices should give substantial weight to concerns about democratic erosion. Because autocracy is spreading abroad and presidential power is expanding in the US, Benjamin Franklin’s concern about maintaining democracy is relevant in 2024.Professor Driesen is the thirteenth University Professor at Syracuse University where he teaches constitutional and environmental law. He is a graduate of the Yale Law School and has published several books and numerous articles with leading academic publishers and law reviews.From the podcast: David’s piece on major questions doctrine David’s editorial on the POTUS debate, Victor Orban, and Haitian Immigrants Correction from Susan – the two dissenters in Roe v. Wade were appointed by John F. Kennedy and Richard Nixon. The justices voting in favor of reproductive rights were 5 men appointed by Republican presidents (Dwight Eisenhower and Richard Nixon) and 2 men appointed by Democratic presidents (Franklin Roosevelt and Lyndon Johnson). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the city of New York from the 1930s to the 1990s, Irish attorney Paul O’Dwyer was a fierce and enduring presence in courtrooms, on picket lines, and in contests for elected office. He was forever the advocate of the downtrodden and marginalized, fighting not only for Irish Catholics in Northern Ireland but for workers, radicals, Jews, and African Americans and against the Vietnam War.With his shock of white hair and bushy eyebrows, O’Dwyer was widely recognized in politics and in the media. His work as a reform Democrat transformed the Democratic Party and his advocacy for peace and justice in Northern Ireland bore fruit in the Good Friday Agreement of 1998 that ended decades of conflict.Until now, however, there has been no biography of this happy warrior for social justice. Fortunately, that problem has been remedied with a new book by Robert Polner and Michael Tubridy, An Irish Passion for Justice: The Life of Rebel New York Attorney Paul O’Dwyer (Cornell UP, 2024).Host Robert W. Snyder is Manhattan Borough Historian and professor emeritus of journalism, and American Studies at Rutgers University. His latest book, When the City Stopped: Stories from New York’s Essential Workers, is due out in March 2025 from Cornell University Press. Email: rwsnyder@rutgers.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression.For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools were refined, but the classic censorship system continued until the end of the 20th century. However, the myth of total freedom of communication and a law-free space that had been expected with the advent of the internet was soon challenged. The new rulers of the digital world, tech companies, emerged and gained enormous power over free speech and content management. All this happened alongside cautious regulation attempts on the part of various states, either by granting platforms near-totalimmunity (US) or by setting up new rules that were not fully developed (EU). China has established the Great Firewall and the Golden Shield as a third way.In Censorship from Plato to Social Media: The Complexity of Social Media’s Content Regulation and Moderation Practices (Springer, 2023), particular attention is paid to developments since the 2010s, when Internet-related problems began to multiply. The state’s solutions have mostly pointed in one direction: towards greater control of platforms and the content they host. Similarities can be found in the US debates, the Chinese and Russian positions on internet sovereignty, and the new European digital regulations (DSA-DMA). The book addresses them all.This book will be of interest to anyone who wants to understand the complexities of social media’s content regulation and moderation practices. It makes a valuable contribution to the field of freedom of expression and the internet, showing that, with different kinds of censorship, this essentially free form of communication has come – almost by default – under legal regulation and the original freedom may have been lost in too many countries in recent years. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law