New Books in Law

In The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970 (Cambridge University Press, 2023), Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law became a way of doing things centered around legal procedure. Shedding its foundations in the 'people,' democracy became a technique of governance consisting of an endless process of interacting groups. Liberating themselves from the truths of labor, markets and market actors became intellectual and political techniques without necessary grounding in the reality of human behavior. Contrasting nineteenth and twentieth century legal, political, and economic thought, this book situates this transformation in the philosophical crisis of modernism and the rise of the administrative state.Kunal M. Parker is a Professor of Law and Dean's Distinguished Scholar at the University of Miami.Caleb Zakarin is editor of 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

The Future of War Crimes Justice (Melville House, 2024), journalist and war correspondent Chris Stephen takes a colourful look at the erratic history of war crimes justice, and the pioneers who created it. He examines its shortcomings, and options for making it more effective, including the case for prosecuting the corporations and banks who fund warlords. Casting the net wider, he examines alternatives to war crimes trials, and looks into the minds of war criminals themselves through an evaluation of evidence from psychiatric studies. With international law advocates fighting for justice on one side, and reluctant governments unwilling to relinquish control on the other, he sets out to answer whether the world of the future will be governed by the rule of law or might is right.The podcast begins by exploring what is meant by ‘justice’ in the context of war crimes – whether it is (or should be) a process and collection of rights-respecting investigations and trials, or an outcome (the prosecution, conviction and sentencing of people who have committed the worst crimes) – and then discusses the challenges at the heart of the system of international war crimes justice as it has developed from the post-World War II trials of Nuremberg and Toyko. Chris Stephen discusses the impossibility of bringing leaders of major powers to justice, such as Russia’s Vladimir Putin, under the current system of war crimes justice, acknowledging the role that realpolitik and national state interest plays in preventing greater engagement with the International Criminal Court in The Hague.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. Twitter: @batesmith. LinkedIn. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During an era of broad political dissatisfaction, what is the history and role of the Constitution? Does the Constitution still have the power to unite us? Dr. Yuval Levin joins Madison's Notes to discuss his forthcoming book American Covenant: How the Constitution Unified Our Nation ― and Could Again. Along the way, he delves into key American figures from James Madison to Woodrow Wilson and the reasons for our present discord.Yuval Levin is a Senior Fellow at the American Enterprise Institute, where he is the Beth and Ravenel Curry Chair in Public Policy, and Director of Social, Cultural, and Constitutional Studies. He is the Founder and Editor in Chief of National Affairs, as well as a senior editor at The New Atlantis, a contributing editor at National Review, and a contributing opinion writer at The New York Times. Dr. Levin served as a member of the White House domestic policy staff under President George W. Bush. He was also executive director of the President’s Council on Bioethics and a congressional staffer at the member, committee, and leadership levels. He holds a PhD from the Committee on Social Thought at the University of Chicago.Contributions to and/or sponsorship of any event does not constitute departmental or institutional endorsement of the specific program, speakers or views presented.Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Governing After War: Rebel Victories and Post-war Statebuilding (Oxford University Press, 2024) by Dr. Shelley X. Liu explores how wartime processes affects post-war state-building efforts when rebels win a civil war and come into power. Post-war governance is a continuation of war--although violence has ceased, the victor must consolidate its control over the state through a process of internal conquest. This means carefully making choices about resource allocation towards development and security. Where does the victor choose to spend, and why? And what are the implications for ultimately consolidating power and preventing conflict recurrence?The book examines wartime rebel-civilian ties under rebel governance and explains how these ties--along with rebel governing institutions--shape the rebel victors' post-war various resource allocation strategies to establish control at the sub-national level. In turn, successfully balancing resources dedicated toward development and security helps the victor to consolidate power. The book relies on mixed-methods evidence from Zimbabwe and Liberia, combining interviews, focus groups, and archival data with fine-grained census, administrative, survey, and conflict datasets to provide an in-depth examination of subnational variation in wartime rebel behavior and post-war governing strategies. A comparison of Zimbabwe and Liberia alongside four additional civil wars in Burundi, Rwanda, Côte d'Ivoire, and Angola further demonstrates the importance of wartime civilian tie-formation for post-war control. The argument's central insights point to war and peace as part of a long state-building process, and suggest that the international community should pay attention to sub-national political constraints that new governments face. Her findings offer implications for recent rebel victories and, more broadly, for understanding the termination, trajectories, and political legacies of such conflicts around the world.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

The Weimar Republic is well-known for its gay rights movement and recent scholarship has demonstrated some of its contradictory elements. In his recent book entitled The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic (University of Toronto Press, 2020), Javier Samper Vendrell writes the first study to focus on the League for Human Rights and its leader, Friedrich Radszuweit. It uses his position at the center of the Weimar-era gay rights movement to tease out the diverging political strategies and contradictory tactics that distinguished the movement. By examining news articles and opinion pieces, as well as literary texts and photographs in the League’s numerous pulp magazines for homosexuals, Vendrell reconstructs forgotten aspects of the history of same-sex desire and subjectivity. While recognizing the possibilities of liberal rights for sexual freedom during the Weimar Republic, the League’s "respectability politics" failed in part because Radszuweit’s own publications contributed to the idea that homosexual men were considered a threat to youth, doing little to change the views of the many people who believed in homosexual seduction – a homophobic trope that endured well into the twentieth century.Michael E. O’Sullivan is Professor of History at Marist College where he teaches courses about Modern Europe. He published Disruptive Power: Catholic Women, Miracles, and Politics in Modern Germany, 1918-1965 with University of Toronto Press in 2018. It was recently awarded the Waterloo Centre for German Studies Book Prize for 2018. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted? Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust: Advertising and Trademarks in Nineteenth-Century America (University of Pennsylvania Press, 2023) by Dr. Jennifer M. Black tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States.As early as the 1830s, printers, advertising agents, and manufacturers collaborated to devise new ways to advertise goods. They used eye-catching designs and fonts to grab viewers’ attention and wove together meaningful images and prose to gain the public’s trust. At the same time, manufacturers took legal steps to safeguard their intellectual property, formulating new ways to protect their brands by taking legal action against counterfeits and frauds. By the end of the nineteenth century, these advertising and legal strategies came together to form the primary components of modern branding: demonstrating character, protecting goodwill, entertaining viewers to build rapport, and deploying the latest graphic innovations in print. Trademarks became the symbols that embodied these ideas—in print, in the law, and to the public.Branding Trust thus identifies and explains the visual rhetoric of trust and legitimacy that has come to reign over American capitalism. Though the 1920s has often been held up as the birth of modern advertising, Dr. Black argues that advertising professionals had in fact learned how to navigate public relations over the previous century by adapting the language, imagery, and ideas of the American middle class.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

When we think of censorship, our minds might turn to state agencies exercising power to silence dissent. However, contemporary concerns about censorship arise in contexts where non-state actors suppress expression and communication. There are subtle and not-so-subtle forms of interference that come from social groups, employers, media corporations, and even search engines. Should these “new” forms of censorship alarm us? Should we assess them in ways that mirror our typical views about state-enacted censorship? If not, how should we think about non-state modes of censorship?In Private Censorship (Oxford University Press, 2024), JP Messina takes up these broad questions. He examines a range of emerging sites of non-state censorship – what he calls “private” censorship – and sorts through the normative, political, and legal issues. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, The Constitution of the War on Drugs (Oxford UP, 2024). An expert in constitutional law, Pozen argues that the drug war has been an unmitigated disaster, in terms of money, efficacy, and human rights. But even as activists peel off the drug war’s more unsavory aspects through cannabis and psychedelic legalization, Pozen also argues that they’ve neglected to consider the impact America’s courts could have on rectifying oppressive drug laws.It wasn’t always this way. The Constitution of the War on Drugs also details the “hidden history” of a brief legal moment in the late 1960s and early 1970s when lawyers effectively argued for liberalized drug policies – on the sound basis of the Constitution. The moment was eventually overturned, but Pozen argues it could be a useful historical lesson for people interested in the effects of constitutional law on the drug war today.A link to the digital edition of The Constitution of the War on Drugs will soon be available here.Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is coming out soon from the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The #MeToo movement inspired millions to testify to the widespread experience of sexual violence. More broadly, it shifted the deeply ingrained response to women’s accounts of sexual violence from doubting all of them to believing some of them. What changed?In The #MeToo Effect: What Happens When We Believe Women (Columbia UP, 2023), Leigh Gilmore provides a new account of #MeToo that reveals how storytelling by survivors propelled the call for sexual justice beyond courts and high-profile cases. At a time when the cultural conversation was fixated on appeals to legal and bureaucratic systems, narrative activism— storytelling in the service of social change—elevated survivors as authorities. Their testimony fused credibility and accountability into the #MeToo effect: uniting millions of separate accounts into an existential demand for sexual justice and the right to be heard.Gilmore reframes #MeToo as a breakthrough moment within a longer history of feminist thought and activism. She analyzes the centrality of autobiographical storytelling in intersectional and antirape activism and traces how literary representations of sexual violence dating from antiquity intertwine with cultural notions of doubt, obligation, and agency. By focusing on the intersectional prehistory of #MeToo, Gilmore sheds light on how survivors have used narrative to frame sexual violence as an urgent problem requiring structural solutions in diverse global contexts. Considering the roles of literature and literary criticism in movements for social change, The #MeToo Effect demonstrates how “reading like a survivor” provides resources for activism.Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The global battle among the three dominant digital powers―the United States, China, and the European Union―is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires: The Global Battle to Regulate Technology (Oxford UP, 2023), her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches―the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model―and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear.Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.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