New Books in Law

From one of the leading intellectuals of the digital age, The Digital Republic: On Freedom and Democracy in the 21st Century (Pegasus Books, 2022) is the definitive guide to the great political question of our time: how can freedom and democracy survive in a world of powerful digital technologies? A Financial Times “Book to Read” in 2022. Not long ago, the tech industry was widely admired, and the internet was regarded as a tonic for freedom and democracy. Not anymore. Every day, the headlines blaze with reports of racist algorithms, data leaks, and social media platforms festering with falsehood and hate. In The Digital Republic, acclaimed author Jamie Susskind argues that these problems are not the fault of a few bad apples at the top of the industry. They are the result of our failure to govern technology properly. The Digital Republic charts a new course. It offers a plan for the digital age: new legal standards, new public bodies and institutions, new duties on platforms, new rights and regulators, new codes of conduct for people in the tech industry. Inspired by the great political essays of the past, and steeped in the traditions of republican thought, it offers a vision of a different type of society: a digital republic in which human and technological flourishing go hand in hand.Jamie Susskind is a barrister and the author of the award-winning bestseller Future Politics: Living Together in a World Transformed by Tech (Oxford University Press, 2018), which received the Estoril Global Issues Distinguished Book Prize 2019, and was an Evening Standard and Prospect Book of the Year. He has fellowships at Harvard and Cambridge and currently lives in London.Austin Clyde is a Ph.D. candidate at the University of Chicago Department of Computer Science. He researches artificial intelligence and high-performance computing for developing new scientific methods. He is also a visiting research fellow at the Harvard Kennedy School's Science, Technology, and Society program, where my research addresses the intersection of artificial intelligence, human rights, and democracy. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The last few years have brought to the fore the brilliant work of scientists as they worked to find a vaccine for Covid-19. But have you ever stopped to think about the role of biological materials in this and other science- and health-related research?In this episode of SSEAC Stories, Dr Natali Pearson is joined by Associate Professor Sonja van Wichelen to take a close look at the complex world of global health governance, with a particular focus on biotechnology and bioscience governance in Indonesia. They discuss the crucial role of biological materials exchange for scientific research, what rules govern their use, and the history of inequality that has underpinned scientific use of biological materials. Taking Indonesia’s recent efforts to gain leverage in the uneven space of the global bioeconomy, they explore how bioscience governance mechanisms can perpetuate, or sometimes help address, global power inequalities in the way biological material is used.About Sonja van Wichelen:Sonja van Wichelen is Associate Professor with the School for Social and Political Sciences at the University of Sydney. She researches the social implications of biotechnology and law and has focused on reproductive technologies in previous projects. More recently she is examining bioscience governance in Southeast Asia. Focusing on Indonesia, she is particularly interested in the relationship between regulatory frameworks and global inequality. She is the author of Legitimating Life: Adoption in the Age of Globalization and Biotechnology (Rutgers University Press, 2019), and Religion, Gender, and Politics in Indonesia: Disputing the Muslim Body (Routledge, 2010).For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Approximately half the population menstruates for a large portion of their lives, but the law is mostly silent about the topic. Until recently, most people would have said that periods are private matters not to be discussed in public. But the last few years have seen a new willingness among advocates and allies of all ages to speak openly about periods. Slowly around the globe, people are recognizing the basic fundamental human right to address menstruation in a safe and affordable way, free of stigma, shame, or barriers to access.In Menstruation Matters: Challenging the Law’s Silence on Periods (NYU Press, 2022), Dr. Bridget Crawford and Dr. Emily Gold Waldman explore the role of law in this movement. They ask what the law currently says about menstruation (spoiler alert: not much) and provides a roadmap for legal reform that can move society closer to a world where no one is held back or disadvantaged by menstruation. The book examines these issues in a wide range of contexts, from schools to workplaces to prisons to tax policies and more. Ultimately, they seek to transform both law and society so that menstruation is no longer an obstacle to full participation in all aspects of public and private life.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 her new book, Promoting Justice Across Borders: The Ethics of Reform Intervention (Oxford UP, 2021) political scientist Lucia M. Rafanelli develops an ethical theory of global reform intervention, arguing that new theories are necessary as increasing global interconnection continues and expands around the world. Rafanelli classifies global reform intervention as any attempt to promote justice in a society other than one’s own. This loose definition means that there are several variations of these actions: the degree of control held by the interveners; how interveners interact with recipients; existing political institutions; the context surrounding the action, and the risks intervention poses to the recipients of that intervention. Promoting Justice Across Borders argues that there are components within these dimensions that pollute the moral permissibility of reform intervention. Once the malleability of these actions becomes evident, it also becomes clear that there are ethical ways to go about (and not go about) such an action. When studying examples of reform interventions, it is clear that there are some interveners who disrespect and essentially ignore the recipients and treat them with intolerance. But not all interveners treat recipients this way, many treat the recipients of intervention with respect for the legitimate political institutions, working to establish collective self-determination, thus providing a blueprint for moral action. It is through these particular examples that Rafanelli creates an ethical framework through which reform intervention is analyzed with the goal of global justice.Promoting Justice Across Borders combines philosophical analysis of justice and morality with a case-by-case investigation of real-life events, in an attempt to identify which kinds of reform intervention are not subject to ethical objection. The analysis redefines the ordinary boundaries of global politics with the values of toleration, legitimacy, and collective self-determination. Rafanelli explains how vital it is for interveners to avoid subjecting recipients to neocolonial power dynamics or making their institutions more responsive to the intervener’s interests at the expense of the recipient’s interests in order to maintain this framework of global collectivism. A qualification of reform intervention is not to undermine the self-determination of the recipients; in fact, it may bolster it and re-affirm the recipient’s independence in the name of justice. Promoting such justice, unfortunately, takes place in a non-ideal world, and Rafanelli discusses how these theories can be put into practice in this context. To prevent negative consequences from the most well-principled interventions, diverse global oversight of such actions is an important component of the process, as well as ensuring that interveners favor interventions where they exert less rather than more control over recipients. Priority must be given to interventions that challenge current and historical power hierarchies. Humanity’s collective purpose of pursuing justice can be reshaped and better applied according to the analysis in Promoting Justice Across Borders, but the approach and process needs to be reconfigured to avoid reinscribing past problematic applications of these reform interventions.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). 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

Dr. Adam Hanna’s Poetry, Politics, and the Law in Modern Ireland (Syracuse University Press, 2022) is a richly detailed exploration of how modern Irish poetry has been shaped by, and responded to, the laws, judgments, and constitutions of both of the island’s jurisdictions.Focusing on poets’ responses in their writing to such contentious legal issues as partition, censorship, paramilitarism, and the curtailment of women’s reproductive and other rights, this volume is the first in the growing field of law and literature to monograph exclusively on modern Ireland. Dr. Hanna unpacks the legal engagements of both major and non-canonical poets from every decade between the 1920s and the present day, including Rhoda Coghill, Austin Clarke, Paul Durcan, Elaine Feeney, Miriam Gamble, Seamus Heaney, Thomas Kinsella, Paula Meehan, Julie Morrissy, Doireann Ní Ghríofa, and W. B. Yeats.Poetry from the time of independence onward has been shaped by two opposing forces. On the one hand, the Irish public has traditionally had strong expectations that poets offer a dissenting counter-discourse to official sources of law. On the other hand, poets have more recently expressed skepticism about the ethics of speaking for others and about the adequacy of art in performing a public role. Dr. Hanna’s fascinating study illuminates the poetry that arises from these antithetical modern conditions.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

The Opportunity Trap: High-Skilled Workers, Indian Families, and the Failures of the Dependent Visa Program (NYU Press, 2022) is the first book to look at the impact of the H-4 dependent visa programs on women and men visa holders in Indian families in America. Comparing two distinct groups of Indian immigrant families -families of male high-tech workers and female nurses-Pallavi Banerjee reveals how visa policies that are legally gender and race neutral in fact have gendered and racialized ramifications for visa holders and their spouses.Drawing on interviews with fifty-five Indian couples, Banerjee highlights the experiences of high-skilled immigrants as they struggle to cope with visa laws, which forbid their spouses from working paid jobs. She examines how these unfair restrictions destabilize-if not completely dismantle-families, who often break under this marital, financial, and emotional stress.Banerjee shows us, through the eyes of immigrants themselves, how the visa process strips them of their rights, forcing them to depend on their spouses and the government in fundamentally challenging ways. The Opportunity Trap provides a critical look at our visa system, underscoring how it fails immigrant families.Lakshita Malik is a doctoral student in the department of Anthropology at the University of Illinois at Chicago. Her work focuses on questions of intimacies, class, gender, and beauty in South Asia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Situated at the intersection of law and literature, nineteenth-century studies and post-colonialism, Colonial Law in India and the Victorian Imagination (Cambridge UP, 2021) draws on original archival research to shed new light on Victorian literature. Each chapter explores the relationship between the shared cultural logic of law and literature, and considers how this inflected colonial sociality. Leila Neti approaches the legal archive in a distinctly literary fashion, attending to nuances of voice, character, diction and narrative, while also tracing elements of fact and procedure, reading the case summaries as literary texts to reveal the common turns of imagination that motivated both fictional and legal narratives. What emerges is an innovative political analytic for understanding the entanglements between judicial and cultural norms in Britain and the colony, bridging the critical gap in how law and literature interact within the colonial arena.Leila Neti is an associate professor of English at Occidental College, Los Angeles.  Gargi Binju is a researcher at the University of Tübingen. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Carl Hart speaks with Kim about America’s punitive drug laws, and how we might change them for the better. He argues that we should legalize and regulate the sale of all drugs, in the same way we regulate the sale of alcohol, to improve the health, equity, and liberty of our society.Dr. Hart is a professor of behavioral neuroscience in the Department of Psychology at Columbia University. You can learn how his scientific research in Neuropsychopharmacology relates to the politics of human experience in his new book Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear (Penguin Random House 2021).Image: Creative CommonsMusic used for promotional material: ‘A Better Tomorrow’ by astrofreq Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Institutional Sexual Abuse in the #metoo Era (Southern Illinois UP, 2021), editors Jason D. Spraitz and Kendra N. Bowen bring together the work of contributors in the fields of criminal justice and criminology, sociology, journalism, and communications. These chapters show #MeToo is not only a support network of victims’ voices and testimonies but also a revolutionary interrogation of policies, power imbalances, and ethical failures that resulted in decades-long cover-ups and institutions structured to ensure continued abuse. This book reveals #MeToo as so much more than a hashtag.Contributors discuss how #MeToo has altered the landscape of higher education; detail a political history of sexual abuse in the United States and the UK; discuss a recent grand jury report about religious institutions; and address the foster care and correctional systems. Hollywood instances are noted for their fear of retaliation among victims and continued accolades for alleged abusers. In sports, contributors examine the Jerry Sandusky scandal and the abuse by Larry Nassar. Advertising and journalism are scrutinized for covering the #MeToo disclosures while dealing with their own scandals. Finally, social media platforms are investigated for harassment and threats of violent victimization.Drawing on the general framework of the #MeToo Movement, contributors look at complex and very different institutions—athletics, academia, religion, politics, justice, childcare, social media, and entertainment. Contributors include revelatory case studies to ensure we hear the victims’ voices; bring to light the complicity and negligence of social institutions; and advocate for systemic solutions to institutional sexual abuse, violence, and harassment.Jeannette Cockroft is an associate professor of history and political science at Schreiner University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Ports are where contemporary societal dilemmas converge: the (de)regulation of international flows; the (in)visible impact of globalization; the perennial tension between trade and security; and the thin line between legitimate, illicit and illegal. Applying a multidisciplinary lens to the political economy of port security, Ports, Crime and Security: Governing and Policing Seaports in a Changing World (Bristol UP, 2021) presents a unique outlook on the social, economic and political factors that shape organized crime and governance. Advancing the research agenda, this text bridges the divide between global and local, and theory and practice.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law