New Books in Law

The Indian Supreme Court was established nearly seventy-five years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the self-appointments process-known as the collegium-is just another 'old boy's network'. Building on nearly a decade of original empirical research, Aparna Chandra's book Court on Trial: A Data-Driven Account of the Supreme Court of India (India Viking, 2023) examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present data-driven suggestions for improving the effectiveness and integrity of the Court. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Traci Cipriano's book The Thriving Lawyer: A Multidimensional Model of Well-Being for a Sustainable Legal Profession (Routledge, 2023) is based on an innovative model, grounded in science. This book serves as a resource for promoting well-being and culture-change in the legal community by educating about pertinent issues impacting lawyers, and how to address them. It is a roadmap, highlighting the many over-arching and inter-connected aspects of well-being, and enabling readers to identify and target the issues most relevant to their unique situations.Along with practical strategies, the book provides a big-picture framework, illustrating how the many intersecting individual and organizational factors which influence well-being are all related, yet separate and distinct. The framework provides a foundation for creating change, and where you focus first will depend on the needs, the situation, and any unique challenges faced by you or your organization.The Thriving Lawyer explains why, in addition to self-care, change is needed on the organizational level in terms of workplace culture and policies, as well as normalizing self-care and eradicating stigma. This book is intended to benefit individual lawyers, their organizations, and professionals who support them, by educating, motivating, and promoting self-care and healthy work environments.Karyne Messina is a licensed psychologist and psychoanalyst at the Washington Baltimore Center for Psychoanalysis and am on the medical staff of Suburban Hospital in Bethesda, Maryland. She is the author of Resurgence of Populism: A Psychoanalytic Study of Projective Identification, Blame Shifting and the Corruption of Democracy (Routledge, 2022). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New York Times tech reporter Kashmir Hill was skeptical when she got a tip about a mysterious app called Clearview AI that claimed it could, with 99 percent accuracy, identify anyone based on just one snapshot of their face. The app could supposedly scan a face and, in just seconds, surface every detail of a person’s online life: their name, social media profiles, friends and family members, home address, and photos that they might not have even known existed. If it was everything it claimed to be, it would be the ultimate surveillance tool, and it would open the door to everything from stalking to totalitarian state control. Could it be true?In this riveting account, Hill tracks the improbable rise of Clearview AI, helmed by Hoan Ton-That, an Australian computer engineer, and Richard Schwartz, a former Rudy Giuliani advisor, and its astounding collection of billions of faces from the internet. The company was boosted by a cast of controversial characters, including conservative provocateur Charles C. Johnson and billionaire Donald Trump backer Peter Thiel—who all seemed eager to release this society-altering technology on the public. Google and Facebook decided that a tool to identify strangers was too radical to release, but Clearview forged ahead, sharing the app with private investors, pitching it to businesses, and offering it to thousands of law enforcement agencies around the world.Facial recognition technology has been quietly growing more powerful for decades. This technology has already been used in wrongful arrests in the United States. Unregulated, it could expand the reach of policing, as it has in China and Russia, to a terrifying, dystopian level.Your Face Belongs to Us: A Secretive Startup's Quest to End Privacy as We Know It (Random House, 2023) is a gripping true story about the rise of a technological superpower and an urgent warning that, in the absence of vigilance and government regulation, Clearview AI is one of many new technologies that challenge what Supreme Court Justice Louis Brandeis once called “the right to be let alone.”Jake Chanenson is a computer science Ph.D. 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

A prize-winning scholar draws on astonishing new research to demonstrate how Black people used the law to their advantage long before the Civil Rights Movement.The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power to be avoided whenever possible. Then, starting in the 1940s, a few brave lawyers ventured south, bent on changing the law. Soon, ordinary African Americans, awakened by Supreme Court victories and galvanized by racial justice activists, launched the civil rights movement.In Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023), acclaimed historian Dylan C. Penningroth brilliantly revises the conventional story. Drawing on long-forgotten sources found in the basements of county courthouses across the nation, Penningroth reveals that African Americans, far from being ignorant about law until the middle of the twentieth century, have thought about, talked about, and used it going as far back as even the era of slavery. They dealt constantly with the laws of property, contract, inheritance, marriage and divorce, of associations (like churches and businesses and activist groups), and more. By exercising these “rights of everyday use,” Penningroth demonstrates, they made Black rights seem unremarkable. And in innumerable subtle ways, they helped shape the law itself—the laws all of us live under today.Penningroth’s narrative, which stretches from the last decades of slavery to the 1970s, partly traces the history of his own family. Challenging accepted understandings of Black history framed by relations with white people, he puts Black people at the center of the story—their loves and anger and loneliness, their efforts to stay afloat, their mistakes and embarrassments, their fights, their ideas, their hopes and disappointments, in all their messy humanness. Before the Movement is an account of Black legal lives that looks beyond the Constitution and the criminal justice system to recover a rich, broader vision of Black life—a vision allied with, yet distinct from, “the freedom struggle.”Katrina Anderson is a doctoral candidate at the University of Delaware. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Amidst increasing acrimony and political strain, many worry that democratic governance has an expiration date. To answer these concerns, Josiah Ober looks to the ancients. Here, he discusses his recent book (co-authored with Brook Manville), The Civic Bargain: How Democracies Survive (Princeton UP, 2023). How did democracies like Athens, Rome, and England overcome the challenges that accompanied wealth and expansion? How did the ancients influence the American Founders? What lessons can they teach us for preserving democracy today?Josiah Ober is the Constantine Mitsotakis Professor in the School of Humanities and Sciences at Stanford University and Senior Fellow at the Hoover Institution. In addition to The Civic Bargain, he is the author of The Rise and Fall of Classical Greece, Democracy and Knowledge: Innovation and Learning in Classical Athens, and The Greeks and the Rational: The Discovery of Practical Reason. He is also the Director of the Stanford Civics Initiative.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

Do individuals have the right to “keep and bear” arms? Do “the people” have any collective rights to public safety? Now that the United States Supreme Court requires each side to argue based on the “history” and “tradition” of 1791 and 1868, what do scholars tell us about legal practices and public understanding in those times? Dr. Laura F. Edwards argues that Americans in the South transformed their understanding of inequality during the half century following the Revolutionary War. Drawing on extensive archival research in North and South Caroline, she outlines the changes in the legal system, highlighting the importance of localized legal practices that favored maintaining the "peace”: a concept intended to protect the social order and its patriarchal hierarchies. Ordinary people, rather than legal professionals and political leaders, were central to its workings. People without rights – even those enslaved – “had influence within the system because of their positions of subordination, not in spite of them.” Edwards documents how, by the 1830s, state leaders secured support for a more centralized system that excluded people who were not specifically granted individual rights, including women, African Americans, and the poor. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (UNC Press, 2009) concludes that the emphasis on rights affirmed and restructured existing patriarchal inequalities, giving them new life within state law with implications that affected all Americans.This award-winning 2009 book is now central to a new Supreme Court case (United States v. Rahimi) dealing with domestic violence and guns – and has been cited in the legal briefs.Dr. Laura F. Edwards is the Class of 1921 Bicentennial Professor in the History of American Law and Liberty at Princeton University and the award-winning author of four books. Most recently, she wrote Only the Clothes on Her Back: Textiles, Law, and Commerce in the Nineteenth-Century United States published by Oxford in 2022. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Sexual violence is a significant problem within many Western militaries. Despite international attention to the issue and global #MeToo and #TimesUp movements highlighting the impact of sexual violence, rates of sexual violence are going up in many militaries. Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence (Cambridge University Press, 2023) by Dr. Megan MacKenzie uses feminist theories of 'rape culture' and institutional gaslighting to identify the key stories, myths, and misconceptions about military sexual violence that have obstructed addressing and preventing it.The book is a landmark study that considers nearly thirty years of media coverage of military sexual violence in three case countries – the US, Canada and Australia. Dr. MacKenzie’s findings have implications not only for those seeking to address, reduce, and prevent sexual violence in militaries, but also for those hoping to understanding rape culture and how patriarchy operates more broadly. It will appeal to students, scholars and general readers interested in gender, feminism and the military.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Our lives are in countless ways defined by our citizenship. The country we belong to affects our rights, our travel possibilities, and ultimately our chances in life. Obtaining a new citizenship is rarely easy. But for those with the means—billionaires like Peter Thiel and Jho Low, but also countless unknown multimillionaires—it’s just a question of price.As discussed in The Golden Passport: Global Mobility for Millionaires (Harvard University Press, 2023) more than a dozen countries, many of them small islands in the Mediterranean, Caribbean, and South Pacific, sell citizenship to 50,000 people annually. Through six years of fieldwork on four continents, Dr. Kristin Surak discovered how the initially dubious sale of passports has transformed into a full-blown citizenship industry that thrives on global inequalities. Some “investor citizens” hope to parlay their new passport into visa-free travel—or use it as a stepping stone to residence in countries like the United States. Other buyers take out a new citizenship as an insurance policy or to escape state control at home. Almost none, though, intend to move to their selected country and live among their new compatriots, whose relationship with these global elites is complex.A groundbreaking study of a contentious practice that has become popular among the nouveaux riches, The Golden Passport takes readers from the details of the application process to the geopolitical hydraulics of the citizenship industry. It’s a business that thrives on uncertainty and imbalances of power between big, globalized economies and tiny states desperate for investment. In between are the fascinating stories of buyers, brokers, and sellers, all ready to profit from the citizenship trade.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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

Was the use of violence on January 6th Capitol attacks legitimate? Is the use of violence morally justified by members of Extinction Rebellion or Just Stop Oil campaigners? Justifying Violent Protest: Law and Morality in Democratic States (Routledge, 2023) addresses these issues head on, to make a radical, but compelling argument in favour of the legitimate use of violence in protest in liberal democracies. Grounded in theories of constitutional morality, the book makes the case that when states make illogical or unjust laws, citizens have morally justifiable reasons to disobey. Violence can act as moral dialogue - both expressively and directly - to denounce unjust laws, particularly in cases where civil disobedience does not go far enough. This book considers recent protest movements, of which the use of violent protest has been central to citizens demands. It examines the activism of the Hong Kong pro-democracy protests, Extinction Rebellion, Black Lives Matter movement, and other contemporary international movements. This book could not be more timely. In a world where citizens' rights to protest are being increasingly curtailed, and climate destruction is becoming an increasing matter of urgency, Greenwood-Reeves addresses the legitimacy of violent protest and ultimate importance in upholding liberal democracy. Dr James Greenwood-Reeves is a Lecturer in Law at The University of Leeds. One of his current projects @lawsadragJane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence (NYU Press, 2023) by Dr. Diana Rickard examines how serialized crime shows became an American obsession.TV shows and podcasts like Making a Murderer, Serial, and Atlanta Monster have taken the cultural zeitgeist by storm, and contributed to the release of wrongly imprisoned people—such as Adnan Syed. The popularity of these long-form true crime docuseries has sparked greater attention to issues of inequality, power, social class, and structural racism. More and more, the American public is asking, Who is and is not deserving of punishment, and who is and is not protected by the law? In The New True Crime, Dr. Rickard argues that these new true crime series deserve our attention for what they reveal about our societal understanding of crime and punishment, and for the new light they shine on the inequalities of the criminal justice system. Questioning the finality of verdicts, framing facts as in the eye of the beholder—these new series unmoor our faith in what is knowable, even as, Rickard critically notes, they often blur the lines between “fact” and “fiction.”With a focus on some of the most popular true crime podcasts and streaming series of the last decade, Dr. Rickard provides an in-depth analysis of the ways in which this new media—which allows for binge-listening or watching—makes crime into a public spectacle and conveys ideological messages about punishment to its audience. Entertainment values have always been entwined with crime news reporting. Newsworthy stories, Rickard reminds us, need to involve sex, violence, or a famous person, and contain events that can be framed in terms of individualism and conservative ideologies about crime. Even as these old tropes of innocent victims and deviant bad guys still dominate these docuseries, Dr. Rickard also unpacks how the new true crime has been influenced by the innocence movement, a diverse group of organizers and activists, be they journalists, lawyers, formerly incarcerated people, or family members, who now have a place in mainstream consciousness as DNA evidence exonerates the wrongly convicted.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused 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