New Books in Law

Earl Lewis and Nancy Cantor discuss the value of diversity for society, including topics such as the implications of diversity in higher education, the intersection of religion, education, and diversity, understanding colorblindness and systemic racism, investing in future generations and studying history, and the importance of including all actors in American history.

Human trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others.Heather Smith-Cannoy (PhD, UC San Diego, 2007) is a Professor of Political Science/Social Justice and Human Rights at the New College of Interdisciplinary Arts and Sciences at Arizona State University. She is currently serving as the Interim Director of the School of Social and Behavioral Sciences. Her work explores when and under what conditions international law impacts the human rights of the most marginalized populations, focusing on both the opportunities and the challenges associated with this body of law. She has also focused on the role that international law can play in advancing the legal rights of sex trafficking victims. She has published 4 books and more than 15 articles and book chapters.Patricia C. Rodda is the Assistant Professor of Political Science at Carroll University in Waukesha, Wisconsin. She teaches international relations, comparative politics, international law, conflict and security and political theory. Her research often focuses on vulnerable populations and the challenges they face seeking human rights protections. She is currently working on a new book project that investigates the institutions and interests that facilitate or obstruct the adoption of women’s rights in Muslim-majority states.Charles “Tony” Smith is a Professor in Political Science and Law at the University of California-Irvine (PhD UCSD 2004; JD UF 1987). His research concerns how institutions and the strategic interactions of political actors relate to the contestation over rights, law, and democracy. He has authored or co-authored eight books including Sex Trafficking and Human Rights: The Status of Women and State Responses (Georgetown University Press 2022) and The Politics of Perverts: The Political Attitudes and Actions of Non-Traditional Sexual Minorities (NYU Press 2024) and published over 40 articles and chapters. He is currently the Editor in Chief of Political Research Quarterly.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The debate about whether mental health law should be abolished or reformed is one that is highly charged and to which there are no easy solutions. In Mental Health Law: Abolish Or Reform? (Oxford UP, 2021), Dr Kay Wilson does not shy away from these controversial debates. Examining the work that dignity can do, she makes the case for an holistic interpretation of the Convention on the Rights of Persons with Disabilities. In thinking about mental health reform, she provides a core framework which may guide support and intervention in a way that compels respect for the dignity of the person. This book makes an important contribution to the literature. Its nuanced approach and fearlessness in delving into the hard issues should be required reading for policy makers, lawyers and mental health practitioners.  Dr Kay Wilson is a postdoctoral fellow at the convenor of The Disability Law Network at Melbourne Law School, University of Melbourne. She is also a co-editor of The Future of Mental Health, Disability and Criminal Law, (Routledge, 2023). Jane Richards is a Lecturer in Law at York Law School, UK. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? Tackling Torture: Prevention in Practice (Bristol University Press, 2023) by Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change.The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.This interview was conducted by Dr. Miranda Melcher whose forthcoming 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

Kicking off our new monthly series on freedom of speech, Keith Whittington and Donald Downs discuss the Princeton Principles for a Campus of Free Inquiry. These principles, outlined by a group of scholars convened by Professor Robert P. George here at the James Madison Program in March 2023, expand on the well-known Chicago Principles in ensuring campus free speech and institutional neutrality.Professors Whittington and Downs are both among the original fifteen participants and endorsers of the Princeton Principles, and played significant roles in drafting the document. Keith Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University, and the author of Speak Freely: Why Universities Must Defend Free Speech (Princeton UP, 2019). He specializes in public law and American Politics, and will soon join the faculty of Yale Law School. Donald Downs is the Alexander Meiklejohn Professor of Political Science Emeritus at the University of Wisconsin, Madison. His areas of specialty include freedom of speech, academic freedom, and American politics. Since retiring, Downs has been the lead faculty advisor to the Free Speech and Open Inquiry Project of the Institute for Humane Studies in Washington, D.C.Princeton's governing document, Rights, Rules, and Responsibilities, referenced during the episode. The James Madison Program's Initiative on Freedom of Thought, Inquiry, and Expression.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

Transgender Refugees and the Imagined South Africa: Bodies Over Borders and Borders Over Bodies (Palgrave MacMillan, 2018) tracks the conceptual journeying of the term ‘transgender’ from the Global North—where it originated—along with the physical embodied journeying of transgender asylum seekers from countries within Africa to South Africa and considers the interrelationships between the two. The term 'transgender' transforms as it travels, taking on meaning in relation to bodies, national homes, institutional frameworks and imaginaries. This study centres on the experiences and narratives of people that can be usefully termed 'gender refugees', gathered through a series of life story interviews. It is the argument of this book that the departures, border crossings, arrivals and perceptions of South Africa for gender refugees have been both enabled and constrained by the contested meanings and politics of this emergence of transgender. This book explores, through these narratives, the radical constitutional-legal possibilities for 'transgender' in South Africa, the dissonances between the possibilities of constitutional law, and the pervasive politics/logic of binary ‘sex/gender’ within South African society. In doing so, this book enriches the emergent field of Transgender Studies and challenges some of the current dominant theoretical and political perceptions of 'transgender'. It offers complex narratives from the African continent regarding sex, gender, sexuality and notions of home concerning particular geo-politically situated bodies.B Camminga (they/them) received a PhD from the Institute for Humanities in Africa (HUMA), University of Cape Town, in 2016. They have since held a postdoctoral fellowship at the African Centre for Migration & Society, Wits University, and several visiting fellowships, including at the Universities of Edinburgh and Oxford. They work on issues relating to gender identity and expression on the African continent with a focus on transgender migrants, refugees, and asylum seekers.Clayton Jarrard is a Research Project Coordinator at the University of Kansas Center for Research, contributing to initiatives at the nexus of research, policy implementation, and community efforts. His scholarly engagement spans the subject areas of Cultural Anthropology, Queer Studies, Disability Studies, Mad Studies, and Religious Studies. Clayton is also a host for the Un/Livable Cultures podcast. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Luke Froeb joins the podcast to talk about his career in economics, what it's like to be the chief economist at the FTC and DOJ antitrust division, how these agencies make decisions about merger cases, the history of the Chicago School consumer welfare standard and the types of analytical tools and modeling that underlies the approach, along with the rise of the New Brandeisians and their failures thus far.Jon Hartley is an economics researcher with interests in international macroeconomics, finance, and labor economics and is currently an economics PhD student at Stanford University. He is also currently a Research Fellow at the Foundation for Research on Equal Opportunity, a Senior Fellow at the Macdonald-Laurier Institute, and a research associate at the Hoover Institution. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our data-intensive world is here to stay, but does that come at the cost of our humanity in terms of autonomy, community, dignity, and equality? In We, the Data: Human Rights in the Digital Age (MIT Press, 2023), Wendy H. Wong argues that we cannot allow that to happen. Exploring the pervasiveness of data collection and tracking, Wong reminds us that we are all stakeholders in this digital world, who are currently being left out of the most pressing conversations around technology, ethics, and policy. This book clarifies the nature of datafication and calls for an extension of human rights to recognize how data complicate what it means to safeguard and encourage human potential.Wendy H. Wong is Professor of Political Science and Principal's Research Chair at the University of British Columbia, Okanagan. She is the author of two award-winning books: Internal Affairs: How the Structure of NGOs Transforms Human Rights and (with Sarah S. Stroup) The Authority Trap: Strategic Choices of International NGOs.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Cancel culture is something all academics are aware of and some are concerned about.  Certainly that’s true of Greg Lukianoff who was the co-author (with Jonathan Haidt) of The Coddling of the American Mind (Penguin, 2018) and who has now co-authored (with Rikki Schlott) of The Canceling of the American Mind (Simon and Schuster, 2023). Listen to him in conversation with Owen Bennett Jones.Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book is a tour de force. In The Making of Constitutional Democracy: From Creation to Application of Law (Bloomsbury, 2022), Dr Paolo Sandro explores the assumed unproblematic tension between the creation and application of law, and the way that this guides constitutional democracy. Crossing both jurisdictional borders and legal traditions, the author draws out the intrinsic relation between law, power and politics, to reveal law's authority. Ten years in the writing, the work is truly interdisciplinary. It integrates jurisprudential methodology, history, anthropology, political science, philosophy of language and philosophy of action. It will be of use to anyone who is serious about becoming a better scholar. It compels reflection on the assumptions that scholars make in writing, in practice, in scholarship and study. All the while Sandro breaks new ground in legal theory and in the study of constitutional democracy. Dr Paolo Sandro is a lecturer in law at The University of Leeds. The Making of Constitutional Democracy: From Creation to Application of Law is available open access.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law