New Books in Law cover image

New Books in Law

Latest episodes

undefined
Jun 12, 2024 • 37min

Julia Wojnowska-Radzińska, "Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union" (Brill Nijhoff, 2023)

In Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union (Brill Nijhoff, 2023) Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential question of how to strike the proper balance between fundamental rights and security interests in the digital age.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
undefined
Jun 10, 2024 • 60min

Robert G. Boatright, "Reform and Retrenchment: A Century of Efforts to Fix Primary Elections" (Oxford UP, 2024)

Until 1900, most political parties in the United States chose their leaders – either in back rooms with a few party elites making decisions or in conventions. The direct primary, in which voters select party nominees for state and federal offices, was one of the most widely adopted political reforms of the early twentieth century Progressive movement.Intuitively, the direct primary sounds democratic. Voters directly select the candidates. They have more of say over who will ultimately represent or govern them. But decades of scholarship suggests that direct primaries might not have changed the outcomes of party nominations. The conventional wisdom is that as the strength of the Progressive movement declined and voters paid attention to other issues. Party leaders were able to reassert control over candidate selection. In Reform and Retrenchment: A Century of Efforts to Fix Primary Elections (Oxford UP, 2024), Dr. Robert G. Boatright insists this narrative is incorrect and misleading for contemporary efforts to reform the primary election system in the U.S. because some of the early concerns about primaries are still with us today.The book presents data from 1928-1970 explaining the type of reforms states implemented and their success or failure. Dr. Boatright argues that the introduction of the indirect primary created more chaos than scholars have previously documented. Political parties, factions, and reform groups manipulated primary election laws to gain advantage, often under the guise of enhancing democracy. How does this history impact contemporary plans for reform of the primary system? Many suggested reforms were tried – and failed – during the 20th century. Boatright concludes that despite the clear flaws in the direct primary system, little can be done to change the primary system. Reformers should instead focus on elections and governance. The end of the podcast features his suggestions.During the podcast, Rob mentions Dr. Jack Santucci’s More Parties or No Parties: The Politics of Electoral Reform in America (Oxford 2022).Dr. Robert G. Boatright is Professor of Political Science at Clark University in Worcester, MA and the Director of Research for the National Institute for Civil Discourse at the University of Arizona. His research focuses on the effects of campaign and election laws on the behavior of politicians and interest groups with a particular emphasis on primary elections and campaign finance laws. He is the author or editor of 9 books. Heath Brown and I have interviewed Rob previously on New Books in Political Science: Trumping Politics as Usual:Masculinity, Misogyny, and the 2016 Elections(with co-author Valerie Sperling) and The Deregulatory Moment?: A Comparative Perspective on Changing Campaign Finance Laws. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
undefined
Jun 8, 2024 • 40min

Sharrona Pearl, "Do I Know You?: From Face Blindness to Super Recognition" (Johns Hopkins UP, 2023)

In Do I Know You? From Faceblindness to Super Recognition (Johns Hopkins University Press, 2023), Dr. Sharrona Pearl explores the fascinating category of face recognition and the "the face recognition spectrum," which ranges from face blindness at one end to super recognition at the other. Super recognizers can recall faces from only the briefest exposure, while face blind people lack the capacity to recognize faces at all, including those of their closest loved ones. Informed by archival research, the latest neurological studies, and testimonials from people at both ends of the spectrum, Dr. Pearl tells a nuanced story of how we relate to each other through our faces.The category of face recognition is relatively new despite the importance of faces in how we build relationships and understand our own humanity. Dr. Pearl shows how this most tacit of knowledge came to enter the scientific and diagnostic field despite difficulties with identifying it. She offers a grounded framework for how we evaluate others and draw conclusions about them, with significant implications for race, gender, class, and disability. Dr. Pearl explores the shifting ideas around the face-recognition spectrum, explaining the effects of these diagnoses on real people alongside implications for how facial recognition is studied and understood. Face blindness is framed as a disability, while super recognition is framed as a superpower with no meaningful disadvantages. This superhero rhetoric is tied to the use of super recognizers in criminal detection, prosecution, and other forms of state surveillance. Do I Know You? demonstrates a humanistic approach to the study of the brain, one that offers an entirely new method for examining this fundamental aspect of human interaction.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
undefined
Jun 8, 2024 • 1h 4min

Michele Goodwin, "Policing the Womb: Invisible Women and the Criminalization of Motherhood" (Cambridge UP, 2020)

Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some states, women being coerced by the State into sterilization, in exchange for reduced sentences. She contextualises the modern day situation in America’s history of slavery and oppression, and also in relation to its place in the world. Goodwin shows how prosecutors abuse laws, and medical professionals are complicit in a system that disproportionally impacts the poor and women of color. However, Goodwin warns that these women are just the canaries in the coalmine. Not only is the United States the deadliest country in the developed world for pregnant women, but the severe lack of protections for reproductive rights and motherhood is compounding racial and indigent disparities.Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
undefined
Jun 7, 2024 • 33min

Judith Lewis Herman, "Truth and Repair: How Trauma Survivors Envision Justice" (Basic Books, 2023)

Judith Herman is renowned for her groundbreaking work with survivors of trauma, including sexual trauma. Her earlier books include Trauma and Recovery: The Aftermath of Violence - from Domestic Abuse to Political Terror (Basic Books, 2022) and Father-Daughter Incest (Harvard UP, 2000)The #MeToo movement brought worldwide attention to sexual violence, in both domestic and work settings. However, the movement did not address the crime of sexual violence in war, and the use of rape as a weapon of war. In fact, when these historical horrors were brutally used once again in October 2023, the #MeToo movement, and other feminist and anti-rape organizations responded - not with outrage- but with silence.In contrast, high profile, celebrity cases of sexual abuse and harasment in the U.S. and U.K. gained media coverage, with attention focused on the fates of a few notorious predators who were put on trial. We heard far less about the outcomes of those trials for the survivors of their abuse.Professor Herman maintains that conventional retributive process fails to serve most survivors; it was never designed for them. She argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them.In Truth and Repair: How Trauma Survivors Envision Justice (Basic Books, 2023) she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
undefined
Jun 4, 2024 • 1h 1min

Vivien Marsh, "Seeking Truth in International TV News: China, CGTN, and the BBC" (Routledge, 2023)

In Seeking Truth in International News: China, CGTN and the BBC (Routledge, 2023) Dr Vivien Marsh analyses the differences between journalistic traditions in China and the West, and extent to which this impacts the ability of news media to hold power to account. This facilitates a fascinating account of the role of journalists in seeking truth from facts, and the way that public narratives of events are constructed. The book has extensive global coverage, and readers will come to understand the significance of both what is reported, and also the significance of scrutinising what is left out. Dr Vivien Marsh is an independent academic researcher at The University of Westminster, UK. She is a former global news editor, reporter and writer.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
undefined
Jun 3, 2024 • 41min

Benjamin Balint, "Kafka's Last Trial: The Case of a Literary Legacy" (Norton, 2019)

When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust? In Kafka's Last Trial: The Case of a Literary Legacy (Norton, 2019), Benjamin Balint offers a gripping account of the controversial trial in Israeli courts—brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts.Benjamin Balint, a fellow at the Van Leer Institute in Jerusalem, is the author most recently of Bruno Schulz: An Artist, a Murder, and the Hijacking of History (Norton), winner of a National Jewish Book Award. His book Kafka's Last Trial (Norton) won the Sami Rohr Prize and has been translated into a dozen languages. He is also the co-author, with Merav Mack, of Jerusalem: City of the Book (Yale). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
undefined
Jun 2, 2024 • 38min

Weh Yeoh, "Redundant Charities: Escaping the Cycle of Dependence" (Koan Press, 2023)

Author Weh Yeoh discusses transforming charitable work to render charities unnecessary by empowering local communities, criticizing dependency models. He shares insights on sustainable solutions, exit strategies, and practical guidance for charities to achieve long-term impact. Yeoh's book challenges traditional charity approaches and advocates for self-sustaining initiatives.
undefined
Jun 2, 2024 • 1h 8min

Aya Gruber, "The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration" (U California Press, 2020)

Aya Gruber, a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault.In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in the hope that it would lead to less violence against women. She also argues that the social context in which sexual assault allegations were made in the 19th century, especially regarding African-American males and white women, influenced the outcomes in legal cases and divided the feminists of the 19th century. Professor Gruber also addresses the fissures created in the women’s movement from the 1960s through today regarding how sexual assault should be treated under the law has worked against justice for both victims and their assailants. Professor Gruber argues that sexual assault law is premised upon erroneous beliefs about how men and women interact, the norms of nonverbal conduct, and the efficacy of punitive solutions. In addition to covering the history of sexual assault law she addresses how the criminal law might be reformed to meet the “convergent interests” of men and women.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
undefined
Jun 2, 2024 • 1h 7min

Adam Goodman, "The Deportation Machine: America’s Long History of Expelling Immigrants" (Princeton UP, 2020)

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present.Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Goodman will cover how the history of deportation is linked with the development of federal power, state coercion, and activist resistance for due process. We also discuss the connections between the deportation machine and the contemporary debate on the prison-industrial complex, anti-immigrant prejudice, and demands for police reform. Far beyond the harsh realities of deportation, this book shows us how the politics of expulsion sought to define who truly belonged in America.Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The AI-powered Podcast Player

Save insights by tapping your headphones, chat with episodes, discover the best highlights - and more!
App store bannerPlay store banner
Get the app