New Books in Law

Pegasus: How a Spy in Your Pocket Threatens the End of Privacy, Dignity, and Democracy (Henry Holt, 2023) is the inside story of a worldwide investigation, sparked by the leak which revealed that cyber-intrusion and cyber-surveillance are happening with exponentially increasing frequency, across the globe. Pegasus, it turns out, is less a law enforcement tool than a weapon for hire and not only a threat to privacy but also to democracy, as the most notorious human-rights-violating governments and autocrat-wannabes are licensing and utilizing Pegasus spyware in the most vulnerable democracies in the world. Pegasus follows the personal stories of real victims--intrepid individuals who have spoken truth to some of the most corrupt, risible powers around the globe.Laurent Richard is a Paris-based award-winning documentary filmmaker and journalist who was named the 2018 European Journalist of the Year at the Prix Europa in Berlin. He is the founder of Forbidden Stories, a network of investigative journalists devoted continuing the unfinished work of murdered reporters to ensure the work they died for is not buried with them.Sandrine Rigaud is a French investigative journalist. As editor of Forbidden Stories since 2019, she coordinated the award-winning Pegasus Project and the Cartel Project, an international investigation of assassinated Mexican journalists.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

The War in Court: Inside the Long Fight against Torture (University of California Press, 2022) by Dr. Lisa Hajjar examines how hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies.Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Dr. Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.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

In this episode, Greg Marchildon interviews Sarah Carter on her book Ours by Every Law of Right and Justice: Women and the Vote in the Prairie Provinces published by the University of British Columbia Press in 2020. She examines the reasons why Manitoba, Saskatchewan and Alberta were the first provinces to extend the vote to women in 1916 and why this same franchise was not extended to First Nations men and women as well as targeted minorities such as Chinese-Canadians until much later. Sarah Carter is professor and Henry Marshall Tory Chair of History and Classics at the University of Alberta and has published extensively on Indigenous history and gender in the Prairie Provinces. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When miners arrived in California seeking their fortune during the gold rush of the 1840s and early 1850s, they encountered a place with few existing legal systems. Recently acquired from Mexico, California was truly America's frontier, and when American miners arrived they did what Americans have always done: they held meetings. In We the Miners: Self-Government in the California Gold Rush (Harvard UP, 2022), Seton Hall law professor Andrea McDowell explains the development and working of miners codes and other legal systems put in place during the heady and often violent early days of the California Gold Rush. Before statehood, miners were on their own to construct a version of direct democracy that reflected their values and gave them power to govern, until the creation of state government and the arrival of corporate mining entities. In McDowell's telling, the early days of the gold rush speak to Americans strong belief in democracy and self-governance, and who gets a say in justice when gold is on the line.Dr. Stephen R. Hausmann is an assistant professor of history at the University of St. Thomas in Minnesota. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A Line of Blood and Dirt: Creating the Canada–United States Border across Indigenous Lands (Oxford UP, 2021), is the recipient of the AHA’s Albert Corey Prize in the history of Canadian–American relations. In A Line of Blood and Dirt, Benjamin Hoy shows how the US-Canadian border was built across Indigenous lands. He explores the experiences of various indigenous groups, European settlers, African Americans, and Chinese immigrants. Benjamin Hoy is an assistant professor of history at the University of Saskatchewan, where he directs the Historical GIS Lab.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

Abortion is an issue like no other. Our attitudes towards it and how we define when life begins determine the very words we use when discussing abortion. We don’t even agree about how many people are involved in the matter of abortion. Two people—the mother and the baby? Or only one—the mother? And here, even the word “mother” is avoided by many, who prefer “woman.” Or, in some quarters, “pregnant person.” Is it a “baby” or a “fetus?” Has abortion always had the tacit approval of most Americans and only been criminalized by powerful societal forces (which can change sides dramatically over the decades, as is the case with much of the medical establishment)? Or is it something that has been regarded as abhorrent for centuries and only very recently been treated as not only necessary but a badge of pride for the modern woman? How was abortion portrayed in the pages of American publications c. 1830, 1870, 1920 or 1940 and in the media diet of our own day?These are among the many issues discussed in the 2023 book, The Story of Abortion in America: A Street-Level History, 1652–2022 (Crossway, 2023) by Marvin Olasky and Leah Savas.This book is riveting reading but is not for the fainthearted—much of the material is graphic. It will interest those in such fields as legal history, women’s history, the history of journalism, the history of medicine, political history and history in general and readers with an interest in biography and true crime.The latter term is not inappropriate here given the book’s fascinating account of how many news stories in much of the 19th and early and mid-20th centuries reveled in lurid details of attractive young women murdered after botched abortions or accidentally killed during one and then dismembered and discovered later due to the ineptitude of the abortionist and the men who had impregnated the women and who feared scandal or marriage to the women they had seduced.The authors also provide detailed accounts of the enormous amounts of money that some female abortionists (such as the notorious Madame Restell 1812 –1878) made and the flashy lifestyles and prison sentences that punctuated their lives. The authors show that male jurors were often reluctant to convict abortionists given many a juror’s own complicity in such events and the immense political power that the abortion trade wielded via graft.The book tells heartrending stories of women who underwent abortions and traces how the popular press moved over the decades from referring to two victims in such cases to only the woman to eventually hardly covering at all cases when abortions created female and infant victims (as in the infamous case of the physician Kermit Gosnell), many reporters and editors preferring to stick to the narrative of female empowerment via abortion.No matter where one stands on the issue of abortion, it cannot be denied that this book movingly, authoritatively tells the story of the women whose lives were shaped by it, as the title says, at “the street level.” It is model social history and engrossing reading for the general reader and scholar alike.Let’s hear from one of the two authors of the book, Leah Savas.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s book is: We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States. The “Dreamer narrative” celebrates the educational and economic achievements of undocumented youth to justify a path to citizenship, and has promoted the idea that access to citizenship and rights should be granted only to a select group of “deserving” immigrants. The contributors to We Are Not Dreamers—themselves currently or formerly undocumented—counter the Dreamer narrative by grappling with the nuances of undocumented life in this country. Theorizing those excluded from the Dreamer category—academically struggling students, transgender activists, and queer undocumented parents—the contributors call for an expansive articulation of immigrant rights and justice that recognizes the full humanity of undocumented immigrants while granting full and unconditional rights.Our guest is: Dr. Genevieve Negrón-Gonzales, an Associate Professor of Leadership Studies at University of San Francisco, who is an interdisciplinary scholar of immigration and education. Her academic, activist and community work focuses on the ways undocumented young people are changing the political and legislative terrain around “illegality” and belonging in this country. Her work lies at the intersection of education, immigration, and social movements. She is the co-author of Encountering Poverty: Thinking and Acting in an Unequal World (2016, University of California Press) and co-editor of We Are Not DREAMers: Undocumented Scholars Theorize Undocumented Life in the United States (2020, Duke University Press).Our co-guest is: Dr. Leisy J. Abrego, who is Professor in Chicana/o and Central American Studies at the UCLA. She studies the intimate consequences of U.S. foreign and immigration policies for Central American migrants and Latinx families in the United States. She is the author Sacrificing Families: Navigating Laws, Labor, and Love Across Borders (Stanford University Press, 2014), and co-editor of We Are Not Dreamers: Undocumented Scholars Theorize Undocumented Life in the United States. Her scholarship analyzing legal consciousness, illegality, and legal violence has garnered numerous awards from the Latin American Studies Association and the American Sociological Association. She dedicates much of her time to supporting and advocating for refugees and immigrants by writing editorials and pro-bono expert declarations in asylum cases.Our host is: Dr. Christina Gessler, a historian of women and gender.Listeners to this episode may also be interested in: Negrón-Gonzales, G. (2017). Political possibilities: Lessons from the undocumented youth Movement for resistance to the Trump Administration. Anthropology and Education Quarterly. In press. Negrón-Gonzales, G. (2017). Constrained inclusion: Access and persistence among undocumented community college students in California’s Central Valley. Journal of Hispanic Higher Education, 16(2), 105-122. Negrón-Gonzales, G., Abrego, L., & Coll, K. (2016). Immigrant Latina/o youth and illegality: Challenging the politics of deservingness. Association of Mexican American Educators Journal, 9(3). 7-10. Gonzales, R. G., Heredia, L. L. & Negrón-Gonzales, G. (2015). Untangling Plyler's legacy: Undocumented students, schools, and citizenship. Harvard Educational Review, 85(3), 318-341. This podcast on structural inequality in higher education Welcome to The Academic Life! Join us here each week, where we learn directly from experts. We embrace the broad definition of what it means to lead an academic life, and are informed and inspired by today’s knowledge-producers working inside and outside the academy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to Max Bazerman about his book Complicit: How We Enable the Unethical and How to Stop (Princeton UP, 2022).Remember Saturday Night Live’s satirical TV spot for Ivanka Trump’s perfume, Complicit? Talk about a timely topic. In what is Bazerman’s third book on ethics, the focus is on the people who surround an “evil” doer and enable or allow harmful behavior to occur. From the implosion of FTX under the funky leadership of Sam Bankman-Fried, to Elizabeth Holes at Theranos or Purdue Pharma and the Sacklers, there is always a large supporting cast of those who trade on privilege, defer to authority, or have their trust exploited. Indeed, in this interview Bazerman touches on seven different profiles in complicity that serve as a counterpoint to JFK’s book, Profiles in Courage. What solutions does Bazerman offer? Besides changing the culture of an institution or company, one particular way forward is to amass co-whistleblowers by creating “informal escrows” so that the victims of perpetrators like Harvey Weinstein don’t have to go it alone in raising what might politely be called “legitimate concerns.”Max Bazerman is the Jesse Isidor Straus Professor of Business Administration at Harvard Business School. Besides being the author of books like Blind Spots and Decision Leadership and an expert on the art of negotiations, he describes himself as a “gritty city kid from Pittsburgh.”Dan Hill, PhD, is the author of ten books and leads Sensory Logic, Inc. (https://www.sensorylogic.com). His newest book is Emotionomics 2.0: The Emotional Dynamics Underlying Key Business Goals. To check out his related “Dan Hill’s EQ Spotlight” blog, visit https://emotionswizard.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I interview Erin Reed. Reed is an activist, public speaker, and writer across multiple platforms, including a Substack newsletter, all of which she gathers under the title “Erin in the Morning.” Reed’s work centers on advocacy for the transgender community and the greater queer community. At the moment, she’s undertaken the momentous task of tracking the anti-trans legislation that’s being forwarded in state houses across the country and exposing its troubling, deceitful, and vicious nature. Through her newsletter, social media posts, and in-person appearances, Reed supports not only trans and queer rights, but also a vision for our communities and our country in which mutual care and kindness are our abiding values. To say it another way, Erin supports the fight against cruel ant-trans legislation currently underway and she also connects her readers with trans girl scouts so she can help these kids with their annual cookie sale. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What areas of our lives are governed by constitutional law? When asked about what constitutional law is, Americans tend to think of notable Supreme Court cases such as the abortion law case Roe v. Wade or the Civil Rights landmark of Brown v. Board of Education. But vast swaths of our lives are governed by, of all things, the Commerce Clause of the US Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”This is just one of the fascinating facts that we learn from H. Jefferson Powell's book The Practice of American Constitutional Law (Cambridge UP, 2022).Powell robustly, movingly argues that those Americans who feel that the Supreme Court and constitutional law itself have become so politicized that justice is now unattainable and that raw power has replaced dispassionate legal analysis in our polity are mistaken. He contends that those who dwell in the world of the actual practice of constitutional law are people operating in good faith with identifiable “tool kits,” as he puts it. Powell shows how everyone involved has to determine if a legal case is even a matter of constitutional law specifically and if so, what part or parts of the Constitution are concerned and possibly being violated.One of the great strengths of the book is the delineation of who some of these actors are—from congresspeople to Department of Justice lawyers to legal advisors to presidents to judges at all levels to lawyers in the nonprofit advocacy sector. Powell shows how those engaged in the practice of constitutional law go about their work, be they giants of American jurisprudence such as John Marshall to unnamed state legislators of our own day. Powell makes the case that in spite of the normal human tendency to be influenced by our backgrounds and attitudes when thrashing out contentious matters, the practice of American constitutional law operates within clear parameters and procedures that to a large extent result in justice or at least a plausible attempt to achieve it.Powell’s plea for a more sympathetic attitude towards judges, legislators and legal advocates is helped by the fact that his book is filled with vivid word-portraits of figures such as the Supreme Court justices Robert H. Jackson, William Rehnquist, David Souter (who comes across better in Powell’s book than he does in many other accounts) and, of course, John Marshall.Powell’s book is ideal for the non-lawyer who wants a better understanding of the nuts and bolts of constitutional law, who the players are and what aspects of constitutional law affect us in our daily lives. Powell fascinatingly shows that those include everything from guns in school zones to violence against women to the regulation of the length of trucks on state highways.Powell persuasively and engagingly makes his case that those who make cases are not malign influences twisting the law for partisan purposes but, by and large, honorable people doing their best to apply the text and thrust of the Constitution in defensible, sensible and yes, just, fashions.Let’s hear from Professor Powell himself.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law