New Books in Law

What does it mean to be a citizen in America in 2017?Guests Danielle Allen, Director of the Edmond J. Safra Center for Ethics and University Professor at Harvard University Erhardt Graeff, PhD candidate at the MIT Media Lab Center for Civic Media Shanelle Matthews, Director of Communications for the Black Lives Matter global network Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 1956, Alfred Hitchcock focused his lens on an issue that cuts to the heart of our criminal justice system: the risk of wrongful conviction. The result was The Wrong Man, a bracing drama based on the real-life false arrest of Queens musician Christopher “Manny” Balestrero. Manny's ordeal is part of a larger story of other miscarriages of justice in the first half of the twentieth century. In Nothing to Fear: Alfred Hitchcock and the Wrong Men (Fayetteville Mafia Press, 2023), attorney Jason Isralowitz tells this story in a revelatory book that situates both the Balestrero case and its cinematic counterpart in their historical context. Drawing from archival records, Isralowitz delivers a gripping account of Manny’ s trial and new insights into an errant prosecution. He then examines how Hitchcock’ s film bears witness to issues that animate the contemporary innocence movement. Given the hundreds of exonerations of the wrongfully convicted in recent years, this genre-bending work of true crime and film history is a must-read.Jason Isralowitz is a partner in the New York office of Hogan Lovells. A Queens native, Jason graduated from Boston University’s College of Communication with a bachelor’s in journalism and holds a J.D. from the University of Pennsylvania Law School. He has practiced law in Manhattan since 1993. Jason lives in Summit, New Jersey with his wife, Jennifer.Daniel Moran earned his B.A. and M.A. in English from Rutgers University and his Ph.D. in History from Drew University. The author of Creating Flannery O’Connor: Her Critics, Her Publishers, Her Readers, he teaches research and writing at Rutgers and co-hosts the podcast Fifteen-Minute Film Fanatics, found at https://fifteenminutefilm.podb... and on Twitter @15MinFilm. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The National Institute of Health recently announced its plan to retire the fifty remaining chimpanzees held in national research facilities and place them in sanctuaries. This significant decision comes after a lengthy process of examination and debate about the ethics of animal research. For decades, proponents of such research have argued that the discoveries and benefits for humans far outweigh the costs of the traumatic effects on the animals; but today, even the researchers themselves have come to question the practice. John P. Gluck has been one of the scientists at the forefront of the movement to end research on primates, and in Voracious Science and Vulnerable Animals: A Primate Scientist's Ethical Journey (U Chicago Press, 2016) he tells a vivid, heart-rending, personal story of how he became a vocal activist for animal protection.Gluck begins by taking us inside the laboratory of Harry F. Harlow at the University of Wisconsin, where Gluck worked as a graduate student in the 1960s. Harlow’s primate lab became famous for his behavioral experiments in maternal deprivation and social isolation of rhesus macaques. Though trained as a behavioral scientist, Gluck finds himself unable to overlook the intense psychological and physical damage these experiments wrought on the macaques. Gluck’s sobering and moving account reveals how in this and other labs, including his own, he came to grapple with the uncomfortable justifications that many researchers were offering for their work. As his sense of conflict grows, we’re right alongside him, developing a deep empathy for the often smart and always vulnerable animals used for these experiments.At a time of unprecedented recognition of the intellectual cognition and emotional intelligence of animals, Voracious Science and Vulnerable Animals is a powerful appeal for our respect and compassion for those creatures who have unwillingly dedicated their lives to science. Through the words of someone who has inflicted pain in the name of science and come to abhor it, it’s important to know what has led this far to progress and where further inroads in animal research ethics are needed.John P. Gluck is professor emeritus of psychology and a senior advisor to the president on animal research ethics and welfare at the University of New Mexico. He is also research professor of the Kennedy Institute of Ethics at Georgetown University and coauthor of The Human Use of Animals.Callie Smith is a poet and doctoral candidate in English at the University of Louisiana at Lafayette. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In April 2006, The Institute held a two day symposium about copyright and intellectual property, titled Comedies of Fair Use. In this session, Lewis Hyde talks about owning art and ideas.Hyde is a cultural critic and scholar, whose work focuses on the nature of imagination, creativity, and property. He is best known for his books, The Gift: Imagination and the Erotic Life of Property, and Trickster Makes This World: Mischief, Myth and Art. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Examining infanticide cases in the United States from the late eighteenth to the late nineteenth centuries, Felicity M. Turner's Proving Pregnancy: Gender, Law, and Medical Knowledge in Nineteenth-Century America (UNC Press, 2022) documents how women—Black and white, enslaved and free—gradually lost control over reproduction to male medical and legal professionals. In the first half of the nineteenth century, community-based female knowledge played a crucial role in prosecutions for infanticide: midwives, neighbors, healers, and relatives were better acquainted with an accused woman's intimate life, the circumstances of her pregnancy, and possible motives for infanticide than any man. As the century progressed, women accused of the crime were increasingly subject to the scrutiny of white male legal and medical experts educated in institutions that reinforced prevailing ideas about the inferior mental and physical capacities of women and Black people. As Reconstruction ended, the reach of the carceral state expanded, while law and medicine simultaneously privileged federal and state regulatory power over that of local institutions. These transformations placed all women's bodies at the mercy of male doctors, judges, and juries in ways they had not been before.Reframing knowledge of the body as property, Felicity M. Turner shows how, at the very moment when the federal government expanded formal civil and political rights to formerly enslaved people, the medical profession instituted new legal regulations across the nation that restricted access to knowledge of the female body to white men.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

In this episode of High Theory, Alex Hanna talks with Nathan Kim about Ethical AI. Their conversation is part of our High Theory in STEM series, which tackles topics in science, technology, engineering, and medicine from a highly theoretical perspective. In this episode, Alex helps us think about the complicated recipes we call “artificial intelligence” and what we mean when we ask our technologies to be ethical.In the episode Alex references an article by Emily Tucker, called “Artifice and Intelligence,” (Tech Policy Press, 17 March 2022) which suggests we should stop using terms like “artificial intelligence” and an opinion piece in the Washington Post, on a similar theme, by Timnit Gebru and Margaret Mitchell, “We warned Google that people might believe AI was sentient. Now it’s happening” (17 June 2022). She also mentions a claim by Blake Lemoine that Google’s LaMDA (Language Model for Dialogue Applications) is sentient. We’ll leave that one to your googling, if not your judgment.Dr. Alex Hanna is Director of Research at the Distributed AI Research Institute (DAIR). A sociologist by training, her work centers on the data used in new computational technologies, and the ways in which these data exacerbate racial, gender, and class inequality. You can read her recent article, “AI Ethics Are in Danger. Funding Independent Research Could Help,” co-authored with Dylan Baker in the Stanford Social Innovation Review, and learn more about her work on her website.This week’s image was produced by DALL-E 2 responding to the prompt: "generate the image of an artificial intelligence entity, deciding to protect shareholder interests over public good, in the style of Van Gogh." Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum. Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions. In Justice for Animals (Simon & Schuster, 2023), one of the world’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flourishing in their own way. Humans have a collective duty to face and solve animal harm. An urgent call to action and a manual for change, Nussbaum’s groundbreaking theory directs politics and law to help us meet our ethical responsibilities as no book has done before.Martha C. Nussbaum is currently the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago, appointed in the Department of Philosophy and the Law School.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

By any reasonable metric, prisons as they exist in the United States and in many other countries are normatively unacceptable. What is the proper moral response to this? Can prisons and the practices surrounding incarceration feasibly be reformed, or should the entire enterprise be abolished? If the latter, then what? If the former, what are the necessary reforms?In The Idea of Prison Abolition (Princeton UP, 2022), Tommie Shelby undertakes a systematic and critical examination of the arguments in favor of prison abolition. Although he ultimately rejects abolitionism as a philosophical position, he builds from the abolitionist program’s crucial insights a positive view of what it would take to create a prison and incarceration system that is consistent with justice.Robert Talisse is the W. Alton Jones Professor of Philosophy 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

"History recalls Wallace’s inaugural address as a set piece in the larger drama of defending Southern segregation, which it was. But the speech was about something even more profound, more enduring, even more virulent than segregation. Aside from his infamous “Segregation Forever” slogan, Wallace mentioned “segregation” only one other time that afternoon. In contrast, he invoked “freedom” twenty-five times in his speech—more than Martin Luther King Jr. would use the term later that year in his “I Have a Dream” address at the March on Washington. “Let us rise to the call of freedom-loving blood that is in us,” Wallace told his audience, “and send our answer to the tyranny that clanks its chains upon the South.” Those rattling shackles of oppression were forged by the enemy of the people of his beloved Barbour County: the federal government."– Jefferson Cowie, Freedom's Dominion: A Saga of White Resistance to Federal Power (Basic Books, 2022).Professor Cowie titles his latest book’s introduction ‘George Wallace and American Freedom’, which frames part of the historical narrative within which he reexamines one of our most celebrated values within the purview of local history. But as The New York Times review of the book in December by author Jeff Shesol articulately summarized:‘Freedom’s Dominion is local history, but in the way that Gettysburg was a local battle or the Montgomery bus boycott was a local protest. The book recounts four peak periods in the conflict between white Alabamians and the federal government: the wild rush, in the early 19th century, to seize and settle lands that belonged to the Creek Nation; Reconstruction; the reassertion of white supremacy under Jim Crow; and the attempts of Wallace and others to nullify the civil rights reforms of the 1950s and 1960s. Throughout, as Cowie reveals, white Southerners portrayed the oppression of Black people and Native Americans not as a repudiation of freedom, but its precondition, its very foundation.’This book is an engrossing read and check this from Shesol’s review about Wallace and his attraction:‘Racism was central to his appeal, yet its common note was grievance; the common enemies were elites, the press and the federal government. “Being a Southerner is no longer geographic,” he declared in 1964, during the first of his four runs for the White House. “It’s a philosophy and an attitude.” That attitude, we know, is pervasive now — a primal, animating principle of conservative politics. We hear it in conspiracy theories about the “deep state”; we see it in the actions of Republican officials like Gov. Ron DeSantis of Florida, who built a case for his re-election in 2022 by banning — in the name of “individual freedom” — classroom discussions of gender, sexuality and systemic racism.’Some of Professor Cowie’s other books mentioned in this interview: Capital Moves: RCA’s Seventy Year Quest for Cheap Labor (1999) received the 2000 Phillip Taft Prize for the Best Book in Labor History in 2000 Stayin’ Alive: The 1970s and the Last Days of the Working Class (2010) awarded the Francis Parkman Prize for the Best Book in American History in 2011 The Great Exception: The New Deal and the Limits of American Politics (2016) Professor Cowie’s work in social and political history focuses on how class, inequality, and labor shape American politics and culture. Formerly at Cornell, he is currently the James G. Stahlman Professor of History at Vanderbilt University.Sydney Business School at Shanghai University - can be reached at keith.krueger1@uts.edu.au or keithNBn@gmail.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Is medical assistance in dying, or MAID letting the government off the hook from providing what they should be providing? Should we respect people's choices on harm reduction grounds, even if those choices are severely constrained by an unjust social and political context? Should we give doctors this power over the mentally ill and disabled, given the racist and ableist nature of our crumbling health care system?Gordon Katic debates this and more, with perspectives from either side. Professor Trudo Lemmens argues that MAID sends a disturbing message: disabled lives aren't worth living. Next, Dr. Derryk Smith (formerly of Dying with Dignity) says just the opposite: excluding certain people from this civil liberty is tantamount to stigmatization.SUPPORT THE SHOWYou can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.ABOUT THE SHOWFor a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law