

New Books in Law
New Books Network
Interviews with Scholars of the Law about their New BooksSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Episodes
Mentioned books

Apr 12, 2023 • 1h 51min
Abortion and the Law
Today’s Postscript focuses on abortion politics in the United States, with particular attention to the April 7, 2023 federal court decisions in Texas and Washington controlling access to mifepristone and the wider political forces at play. We have a slightly different format for today’s emergency podcast – spanning four time zones. First, legal historian Mary Ziegler, Martin Luther King Professor of Law at UC Davis, shares insights on the two cases – and why the Texas opinion is such a radical departure with regards to standing and legal language. Then Political Scientist Rebecca Kreitzer, Associate Professor of Public Policy and Adjunct Associate Professor of Political Science at the University of North Carolina at Chapel Hill, provides a deep dive on the role of the Comstock Act of 1873 and why this 19th century law helps us understand 21st century reproductive politics. The podcast concludes with two scholars of politics and law Dr. Renée Ann Cramer, Professor of Law, Politics, and Society at Drake University and Dr. Joshua C. Wilson, Professor of Political Science at the University of Denver). They pull back the curtain on the cases to expose the ways in which those who oppose abortion have created parallel organizations to provide the false expertise relied upon in the Texas decision. We also talk about the wider implications of banning approved medications for trans people.Links mentioned in the podcast:
Mary Ziegler, The Texas Abortion-Pill Ruling Signals Pro-Lifers’ Next Push
New York Times graphic of the 100+ scholarly articles proving mifepristone safe
The opposing court opinions from the Texas and Washington courts
December 2022 Department of Justice Memo on Comstock, abortion, mifepristone, and misoprostol
Rep. Pat Schroeder’s 1996 speech calling for the part of Comstock regarding abortion to be overturned.
Rebecca J. Kreitzer and Candis Watts Smith, Washington Post, on Alito’s draft and research on women’s political power.Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 10, 2023 • 1h 3min
Nishant Kumar, "Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary" (Routledge, 2022)
Nishant Kumar's Religious Offense and Censorship of Publications: An Enquiry Through the Prism of Indian Laws and the Judiciary (Routledge, 2022) analyzes the role of laws and the judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments. Focusing on a micro-level analysis of censorship of publications, it presents a hard case to understand the limitations of freedom of expression and the role played by the judiciary in defining its boundaries. The volume traces the evolution of laws governing freedom of expression since the colonial period and the context in which these laws were amended after Independence. It also explicates how the legal process – the structural and functional aspects of working of judiciary – affects the fate of freedom of expression in India. Employing comparative legal analysis, it tries to understand and situate the Indian case within the larger discourse of censorship and freedom of expression around the world, thereby marking its similarities and differences. In unravelling the politics of censorship, the author also examines the interaction among different stakeholders like government, non-state actors and the judiciary.A tract for our times, this book will be of great interest to scholars and researchers of law, especially constitutional law and fundamental rights, politics, especially political theory and Indian politics, modern India and South Asian studies.Tiatemsu Longkumer is a Ph.D. scholar working on Indigenous Religion and Christianity at North-Eastern Hill University, Shillong: India. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 8, 2023 • 1h 2min
Judge Amy Coney Barrett on "The Constitution as Our Story"
Amy Coney Barrett is a judge on the U.S. 7th Circuit Court of Appeals. In 2019, Judge Barrett delivered the James Madison Program's Annual Walter F. Murphy Lecture in American Constitutionalism. The lecture was entitled "The Constitution as Our Story." Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 7, 2023 • 53min
James J. Park, "The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies" (Cambridge UP, 2022)
Public companies now face constant pressure to meet investor expectations. A company must continually deliver strong short-term performance every quarter to maintain its stock price. This valuation treadmill creates incentives for corporations to deceive investors. Published more than twenty years after the passage of Sarbanes-Oxley, which requires all public companies to invest in measures to ensure the accuracy of their disclosures, The Valuation Treadmill: How Securities Fraud Threatens the Integrity of Public Companies (Cambridge University Press, 2022) shows how securities fraud became a major regulatory concern. Drawing on case studies of paradigmatic securities enforcement actions involving Xerox, Penn Central, Apple, Enron, Citigroup, and General Electric, the book argues that corporate securities fraud emerged as investors increasingly valued companies based on their future performance. Corporations now have an incentive to issue unrealistically optimistic disclosure to convince markets that their success will continue. Securities regulation must do more to protect the integrity of public companies from the pressure of the valuation treadmill.James J. Park is Professor of Law at UCLA School of Law.Caleb Zakarin is the Assistant 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

Apr 5, 2023 • 34min
Abortion and the Pro-Life Movement: A Conversation with Alexandra DeSanctis
Alexandra DeSanctis is a Staff Writer for National Review and a Visiting Fellow at the Ethics and Public Policy Center. She joins Madison's Notes to discuss abortion, the Pro-Life movement in America, the state of free speech in journalism, and more! You can read Bari Weiss's letter of resignation here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 3, 2023 • 40min
Ronald Niezen, "The Memory Seeker" (Black Rose Writing, 2023)
The Memory Seeker is a novel that, drawing upon Professor Ronald Niezen's background in researching human rights, takes on the experiences of war violence and its aftermath, the vagaries of memory, and the incompleteness of courtroom justice.When Dutch-Canadian Peter Dekker is hired as an investigator by the International Criminal Court in The Hague, he has no inkling of the war crimes that lie in his own family's history. His work takes him to Timbuktu, where he collaborates with Malian colleagues to document war crimes from a recent and only partly-ended civil war. While he is on assignment, his live-in girlfriend, Nora, gets to know Peter's estranged aunt living in The Hague, and uncovers a dark history of murder, revenge and collaboration with the Nazi occupiers. As the stories of his family under Nazi rule unfold and the intrigues multiply, Peter is confronted with a war crime in which he finds himself next-of-kin rather than an investigator. A work of fiction that draws upon Niezen's ethnographic expertise, The Memory Seeker unsettles assumptions of past, present, and future for those engaging with the process of war crimes investigation.Professor Ronald Niezen is a Professor of Practice in the Departments of Sociology and of Political Science /International Relations at the University of San Diego. Ron previously taught at McGill University for nearly 20 years and at Harvard for 10 years. Dr. Rine Vieth is a researcher studying how the UK Immigration and Asylum Tribunals consider claims of belief, how claims of religious belief are evidenced, and the role of faith communities in asylum-seeker support. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Apr 2, 2023 • 59min
Foluke Adebisi, "Decolonisation and Legal Knowledge: Reflections on Power and Possibility" (Bristol UP, 2023)
Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge: Reflections on Power and Possibility (Bristol UP, 2023) details the ways in which the law is heavily implicated in creating, maintaining, and reproducing racialized hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonization and explores how this examination can inform teaching, researching, and practicing of law. Furthermore, the book explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonization to produce legal knowledge for flourishing futures.Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 31, 2023 • 22min
Elizabeth M. Renieris, "Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse" (MIT Press, 2023)
Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world.Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse (MIT Press, 2023), Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people.Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive history of how both laws and corporate policies enacted in the name of data privacy have been fundamentally incapable of protecting humans. Her research identifies the inherent deficiency of making data a rallying point in itself—data is not an objective truth, and what’s more, its “entirely contextual and dynamic” status makes it an unstable foundation for organizing. In proposing a human rights–based framework that would center human dignity and autonomy rather than technological abstractions, Renieris delivers a clear-eyed and radically imaginative vision of the future.At once a thorough application of legal theory to technology and a rousing call to action, Beyond Data boldly reaffirms the value of human dignity and autonomy amid widespread disregard by private enterprise at the dawn of the metaverse.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

Mar 31, 2023 • 1h 5min
Rose Parfitt, "The Process of International Legal Reproduction: Inequality, Historiography, Resistance" (Cambridge UP, 2019)
Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance (Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilizing fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, The Process of International Legal Reproduction exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The result is a powerful critique of international law's role in establishing and perpetuating inequalities of wealth, power, and pleasure, accompanied by a call to attend more closely to the strategies of resistance that are generated in that process.Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mar 30, 2023 • 49min
Administrative State 101: A Conversation with Adam J. White
What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more. You can read White's Atlantic article "A Republic, If We Can Keep It" here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law