New Books in Law

Political Scientists Alison Gash and Dan Tichenor have a new book, Democracy's Child: Young People and the Politics of Control, Leverage, and Agency (Oxford UP, 2022), that centers children and young people within the study of democratic politics, filling in a bit of a gap in the literature, especially in political science literature. Gash and Tichenor note in their research that young people are central in so many policy areas but are often not integrated into the policy discussions or applications. As sketched out in Democracy’s Child, young people are often leveraged within our politics and our political discourse. They have been used as symbols and positioned as in need of protection—or at least some of them have been presented as being in need of protection. Tichenor and Gash dive into the idea of childhood itself, which is a more recent concept—developing over the past 150 years—and how this contextualization of young people is a significant point of political conflict. It is difficult to clearly define “young people”—since this may include children, youth, young adults, teenagers, or some constellation of each of these categories. So, while Gash and Tichenor center their research on young people, they note that who is encompassed within that term often shifts and changes depending on the political issue or policy debate.Democracy’s Child dives into three specific areas to examine the role, place, and capacity of young people. These three areas are control, leverage, and agency, as noted in the subtitle of the book itself. Control, which guides the reader through the first section of the book, explores the autonomy of young people, or the ways in which they are managed and controlled by policy, by the state, and by adults in context of policy. This section examines differing theories about young people and how autonomous or constrained they are based on different policies and political demands. The next part of the book focuses on how policies often leverage young people to reach specific outcomes. Thus, in this context, young people are often used by competing groups or policy makers to drive towards particular outcomes. The final section looks at agency, specifically how young people have advocated for outcomes on their own, or at odds with those who are working towards separate outcomes but in the name of young people.This is a fascinating study of democratic politics, policy, and an entire group of people who are both the center of political and policy outcomes and are often seen as such but rarely actually integrated into the dialogue and discussion.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What exactly can artificial intelligence do? It’s an issue some of the professions are grappling with – on the face of it, law is an area that rests on fine human judgment – but in fact many of tasks it involves can be performed by AI and if that is true for law then presumably it is also true for many other areas too. Daniel Susskind of Oxford University discusses his book The Future of the Professions: How Technology Will Transform the World of Human Experts (Oxford UP, 2022),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

In Wars of Law: Unintended Consequences in the Regulation of Armed Conflict (Cornell UP, 2020), Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years.Fazal outlines three main arguments: early laws of war favored belligerents, but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with international humanitarian law; and lawmakers have been consistently inattentive to how rebel groups might receive these laws. By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals.Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? In addressing such questions, Fazal provides a lively and intriguing account of the implications of the laws of war. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Virginia L. Summey's book The Life of Elreta Melton Alexander: Activism within the Courts (U Georgia Press, 2022) explores the life and contributions of groundbreaking attorney, Elreta Melton Alexander Ralston (1919–98). In 1945 Alexander became the first African American woman to graduate from Columbia Law School. In 1947 she was the first African American woman to practice law in the state of North Carolina, and in 1968 she became the first African American woman to become an elected district court judge. Despite her accomplishments, Alexander is little known to scholars outside of her hometown of Greensboro, North Carolina. Her life and career deserve recognition, however, not just because of her impressive lists of “firsts,” but also owing to her accomplishments during the civil rights movement in the U.S. South.While Alexander did not actively participate in civil rights marches and demonstrations, she used her professional achievements and middle-class status to advocate for individuals who lacked a voice in the southern legal system. Virginia L. Summey argues that Alexander was integral to the civil rights movement in North Carolina as she, and women like her, worked to change discriminatory laws while opening professional doors for other minority women. Using her professional status, Alexander combatted segregation by demonstrating that Black women were worthy and capable of achieving careers alongside white men, thereby creating environments in which other African Americans could succeed. Her legal expertise and ability to reach across racial boundaries made her an important figure in Greensboro history.Brandon T. Jett, professor of history at Florida SouthWestern State College, creator of the Lynching in LaBelle Digital History Project, and author of Race, Crime, and Policing in the Jim Crow South (LSU Press, 2021) and co-editor of Steeped in a Culture of Violence: Murder, Racial Injustice, and Other Violent Crimes in Texas, 1965–2020 (Texas A&M University Press, scheduled Spring 2023). Twitter: @DrBrandonJett1. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Human Rights at Risk: Global Governance, American Power, and the Future of Dignity (Rutgers University Press, 2022) is a fascinating book that brings together social scientists, legal scholars, and humanities scholars from both the Global North and Global South to provide a challenge to understandings about normative and empirical claims to human rights. Salvador Santino F. Regilme Jr. and Irene Hadiprayitno's edited collection questions the effectiveness of international human rights institutions, identifying thematic blind spots and providing fresh analysis for a way forward in the Post-Trump era. I very much enjoyed having Dr. Salvador Santino F. Regilme Jr. back on the show; the discussion was enriching and will challenge human rights scholars to move beyond their comfort zone to seek ways to better protect human rights at risk. You can listen to our previous interview, about his book, Aid Imperium: United States Foreign Policy and Human Rights in Post-Cold War Southeast Asia, here.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Societies that are throwing off the yoke of authoritarian rule and beginning to build democracies face a daunting question: should they punish the representatives of the ancien regime or let bygones be bygones? In her interview, Professor Ruti Teitel talks both about these choices and more broadly about transitional justice as a field. Her book, Transitional Justice, published in year 2000 with Oxford University Press, takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. The book explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law plays a profound role in periods of radical change. In her interview, Teitel also touches on the growth of transitional justice as a field, the challenges to redress the past faced by Latin America, South Africa, Central and Eastern Europe, as well as North America, the ways in which the International Criminal Court and other actors could prosecute perpetrators once the war in Ukraine is over, as well as her current and future research projects. The interview showcases her unparalleled knowledge of transitional justice scholarship and practice.Lavinia Stan is a professor of political science at St. Francis Xavier University in Canada. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This book cuts new ground, challenging the assumption of law as an objective concept. It draws out the way that binary frameworks situate and create the notion of the individual in law, delininating responsibilities and rights between concepts such as the state / individual, public / private, care / disability and capacity / incapacity. In The Spaces of Mental Capacity Law: Moving Beyond Binaries (Routledge, 2022) Dr. Beverley Clough draws into question spatial dynamics of law and disability. While she does so through the lens of analysis of the Mental Capacity Act 2005, this liminal work will be cause for broader application in all areas of law which function on "common-sense" understandings of autonomy and law. It will be useful for lawyers, policy makers, practitioners, and any person who wishes to understand the law and the way that it constructs subjectivity. Jane 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

Eraldo Souza dos Santos talks about the invention of civil disobedience as a form of political action around the world, and the need for its redefinition to describe activism present and future. In the episode, he references John Rawls’s classic definition from A Theory of Justice (Harvard UP, 1971) and Erin Pineda’s new book, Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement (Oxford UP, 2021).Eraldo Souza dos Santos is a philosopher and historian of political thought whose research explores how political concepts have come to shape political discourse and political practice, and how political actors have come to contest the meaning of these concepts in turn. In his current project, he traces the global history of the idea of civil disobedience. He is currently a Ph.D. candidate in Philosophy at Panthéon-Sorbonne University. He has been the recipient of grants and fellowships from the Académie française, the Maison française d'Oxford, the Leuven Institute for Advanced Studies, the Munich Centre for Global History, the Friedrich Nietzsche College of the Klassik Stiftung Weimar, the French-Dutch Network for Higher Education and Research, and the Coordination for the Improvement of Higher Education Personnel, among others.Image: Bas-Relief of the Salt March led by M.K. Gandhi in March-April 1930, photograph by Nevil Zaveri, available here under Creative Commons. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Digital platforms controlled by Alibaba, Alphabet, Amazon, Facebook, Netflix, Tencent and Uber have transformed not only the ways we do business, but also the very nature of people's everyday lives. It is of vital importance that we understand the economic principles governing how these platforms operate. Paul Belleflamme and Martin Peitz's book The Economics of Platforms: Concepts and Strategy (Cambridge UP, 2021) explains the driving forces behind any platform business with a focus on network effects. The authors use short case studies and real-world applications to explain key concepts such as how platforms manage network effects and which price and non-price strategies they choose. This self-contained text is the first to offer a systematic and formalized account of what platforms are and how they operate, concisely incorporating path-breaking insights in economics over the last twenty years.Martin Peitz is professor of economics at the University of Mannheim (since 2007), a director of the Mannheim Centre for Competition and Innovation – MaCCI (since 2009). He has been member of the economic advisory group on competition policy (EAGCP) at the European Commission (2013–2016), an academic director of the Centre on Regulation in Europe, CERRE (2012–2016) and head of the Department of Economics (2010–2013). Martin has widely published in leading economics journals. He also frequently trains and advises government agencies in Europe and abroad on competition and regulation issues.Peter Lorentzen is economics professor at the University of San Francisco. He heads USF's Applied Economics Master's program, which focuses on the digital economy. His research is mainly on China's political economy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Whose fault are financial crises, and who is responsible for stopping them, or repairing the damage? Impunity and Capitalism: The Afterlives of European Financial Crises, 1690-1830 (Cambridge University Press, 2022) develops a new approach to the history of capitalism and inequality by using the concept of impunity to show how financial crises stopped being crimes and became natural disasters.Dr. Trevor Jackson examines the legal regulation of capital markets in a period of unprecedented expansion in the complexity of finance ranging from the bankruptcy of Europe's richest man in 1709, to the world's first stock market crash in 1720, to the first Latin American debt crisis in 1825. He shows how, after each crisis, popular anger and improvised policy responses resulted in efforts to create a more just financial capitalism but succeeded only in changing who could act with impunity, and how. Henceforth financial crises came to seem normal and legitimate, caused by impersonal international markets, with the costs borne by domestic populations and nobody in particular at fault.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