New Books in Law

Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms.Queering Law and Order: LGBTQ Communities and the Criminal Justice System (Lexington Books, 2020) examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues—ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. This book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights.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

Myths about the powers held by the United States are often supported by the jurisdiction of the Supreme Court, which derives its logic from the interpretation of a document that the US itself developed. Therefore, when pressure is placed on a specific legal precedent, the shallowness of its validity is revealed. Dr. Mónica A. Jiménez accomplishes this kind of scholarly work in her recently published book Making Never-Never Land: Race and Law in the Creation of Puerto Rico (University of North Carolina Press, 2024). By tracing the legal logic of what continues to animate the colonial dynamics between the United States and Puerto Rico, Jiménez offers a “genealogy of racial exclusion in law” (36) that both folds time and space to make clear how late-19th century Supreme Court logics and opinions continue to subjugate the land and people of Puerto Rico to colonial violence.Split into two sections, the first half of the book details the key case Downes v. Bidwell (1901), while the second half explores how the legal ramifications of Downes continued to haunt the archipelago. The first chapter focuses on the development of Downes and its outcome, which argued that territories of the United States were not allowed to access certain provisions of the U.S. Constitution. The ambiguous legal foundation for this decision was established in 1900 after Puerto Rico was acquired by the United States when the US Supreme Court established the territorial incorporation doctrine, effectively creating the legal category of “unincorporated territory." Chapter two probes the white supremacist U.S. legal landscape to offer a “genealogy of racial exclusion in law” (36) that shows the reader how U.S. settler colonialism and empire-making are dependent on the reuse and recycling of legal precedents and tactics that disenfranchised and dispossessed racially marginalized communities. By excavating the legal opinions handed down during the Marshal Trilolgy and Dred Scott v. Sandford – a collection of Supreme Court cases that defined 19th-century legal policy for Native Americans and African Americans, respectively – Jiménez makes clear that “It is not a coincidence that the most shameful cases in the United States’ legal history of race should serve as direct precedents to a decision that continues to serve as the basis for Puerto Rico’s exclusion more than one hundred years after it was handed down” (9). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A short, thought-provoking book about what happens to our online identities after we die.These days, so much of our lives takes place online—but what about our afterlives? Thanks to the digital trails that we leave behind, our identities can now be reconstructed after our death. In fact, AI technology is already enabling us to “interact” with the departed. Sooner than we think, the dead will outnumber the living on Facebook. In this thought-provoking book, Carl Öhman explores the increasingly urgent question of what we should do with all this data and whether our digital afterlives are really our own—and if not, who should have the right to decide what happens to our data.The stakes could hardly be higher. In the next thirty years alone, about two billion people will die. Those of us who remain will inherit the digital remains of an entire generation of humanity—the first digital citizens. Whoever ends up controlling these archives will also effectively control future access to our collective digital past, and this power will have vast political consequences. The fate of our digital remains should be of concern to everyone—past, present, and future. Rising to these challenges, Öhman explains, will require a collective reshaping of our economic and technical systems to reflect more than just the monetary value of digital remains.As we stand before a period of deep civilizational change, The Afterlife of Data: What Happens to Your Information When You Die and Why You Should Care (U Chicago Press, 2024) will be an essential guide to understanding why and how we as a human race must gain control of our collective digital past—before it is too late.Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation (University of Chicago Press, 2024), Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of “freedom” in a post-abolition world.Jonathan Connolly is Assistant Professor of History at the University of Illinois Chicago. Connolly is a historian of the British empire with transnational interests in migration, the history of emancipation, and legal history. His research primarily concerns abolition and emancipation, imperial political and legal culture, and the category of free labor in the Caribbean and the Indian Ocean. Your host for this episode is Mahishan Gnanaseharan, a PhD student in the Department of History at Stanford University. Mahishan studies the social, political, and intellectual histories of South Asian migrants across the Indian Ocean during the 19th and 20th centuries. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court: Procedural Justice on Trial (NYU Press, 2023) by Dr. Maya Pagni Barak sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Dr. Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.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

What is data, and why does it matter for us to care about the data traces we leave behind? What are the implications for our lives of how this data is used by other people in other times and places? In a conversation with Joanne Kuai, authors Aram Sinnreich and Jesse Gilbert introduce their new book and talk about how we can rethink our relationship with data and stay informed to make better decisions in the face of technological uncertainty.In their latest book, The Secret Life of Data: Navigating Hype and Uncertainty in The Age of Algorithmic Surveillance (MIT Press, 2024), Aram Sinnreich and Jesse Gilbert explore the many unpredictable and often surprising ways in which data surveillance, AI, and the constant presence of algorithms impact our culture and society in the age of global networks.The book focuses primarily on the long-term consequences of humanity's recent rush toward digitizing, storing, and analyzing every piece of data about ourselves and the world we live in. The authors advocate for “slow fixes” regarding our relationship to data, such as creating new laws and regulations, ethics and aesthetics, and models of production for our datafied society.Aram Sinnreich is an author, professor, and musician. He is Chair of Communication Studies at American University. His books include Mashed Up, The Piracy Crusade, The Essential Guide to Intellectual Property, and A Second Chance for Yesterday (published as R. A. Sinn).Jesse Gilbert is an interdisciplinary artist exploring the intersection of visual art, sound, and software design at his firm Dark Matter Media. He was the founding Chair of the Media Technology department at Woodbury University, and he has taught interactive software design at both CalArts and UC San Diego. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In recent years, a searching national conversation has called attention to the social and racial injustices that define America’s criminal system. The incarceration of vast numbers of people, and the punitive treatment of African Americans in particular, are targets of widespread criticism. But despite the election of progressive prosecutors in several cities and the passage of reform legislation at the local, state, and federal levels, the system remains very much intact. How can the damage and depredations of the carceral state be undone? In this pathbreaking reader, three of the nation’s leading advocates —Premal Dharia, James Forman Jr., and Maria Hawilo—provide us with tools to move from despair and critique to hope and action. Dismantling Mass Incarceration: A Handbook for Change (FSG Originals, 2024) surveys new approaches to confronting the carceral state in all its guises, exploring ways that police, prosecutors, public defenders, judges, prisons, and even life after prison can be radically reconceived. The book captures debates about the comparative merits of reforming or abolishing prisons and police forces, and introduces a host of bold but practical interventions. The contributors range from noted figures such as Angela Davis, Clint Smith, and Larry Krasner to local organizers, judges, and people currently or formerly incarcerated. The result is an invaluable guide for students, activists, and anyone who wishes to understand mass incarceration—and hasten its end. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Law and Humanities (Anthem Press, 2024), Professor Russell Sandberg and Dr Daniel Newman provide an accessible introduction to the law and humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field, tackling a wide ranging series of topics as law and geography, law and history, law and literature, law and theatre. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the other respective field operate. This edited work fulfils a real and pressing need to provide an accessible, introductory but critical guide to law and humanities as a whole by exploring how each disciplinary ‘law and’ field has developed, contributes to further scrutinizing the content and role of law, and how it can contribute and be enriched by being understood within the law and humanities tradition as a whole.In the podcast, Professor Sandberg and Dr Newman explain their aims in editing this collection, and how in particular studying law and the respective humanities can enhance a legal studies curriculum beyond the confines of an exclusively doctrinal education. The editors also explore in detail the chapters they authored – Law and History, Law and Philosophy and Law and Religion, before offering some reflections on and hopes for the future of the broader Law and Humanities discipline.Alex Batesmith is a Lecturer in Legal Profession 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. LinkedIn.His recent publications include: “‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024, ISBN 978-1-910761-17-5) "Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3) “International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387) Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Exploring the historical pathologization of non-dominant sexual identities, fight to depathologize homosexuality, McCarthyism impact, broader scope of psychiatry, advocacy against 'curing' sexual orientation, marginalization of trans individuals, confrontations at APA meetings, removal of homosexuality from DSM

In Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation (Oxford UP, 2024), Dr Ailbhe O'Loughlin considers the controversial and under-researched concern of what to do with dangerous people with severe personality disorders. She brings together scientific evidence, law and policy, to consider risk prevention, public security and human rights. This is a controversial area of law and policy, informed by ongoing debates about 'dangerous' offenders which exists at the intersection of liberal legal principles and advocates of social defence. In today's conversation, we spoke about preventative detention, the effectiveness of therapeutic intervention and risk management, gaps in human rights protections, and the assumptions that the legal principles and processes that govern this population are founded on. O'Loughlin draws out key issues for reform and calls for further evidence-based inquiry with regards to criminal defences, sentencing and dispositions. This will be an important book for policy makers, legal academics, psychiatrists and anyone who works with this category of offenders. Dr Ailbhe O'Loughlin is a Senior Lecturer at York Law School, at The University of York. Her research focuses on the intersection between mental health and criminal justice.   Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law