New Books in Law

Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of qualified immunity when they shoot or brutalize an innocent civilian. Qualified immunity is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies (Oxford UP, 2021), history reveals a much more tangled relationship between the Constitution's system of independent courts and the protection of constitutional rights.While doctrines such as qualified immunity may seem abstract, their real-world harms are anything but. A highway patrol officer stops a person's car in violation of the Fourth Amendment, violently yanked the person out and threw him to the ground, causing brain damage. A municipal agency fires a person for testifying in a legal proceeding involving her boss's family-and then laughed in her face when she demanded her job back. In all these cases, state defendants walked away with the most minor of penalties (if any at all). Ultimately, we may have rights when challenging the state, but no remedies. In fact, federal courts have long been fickle and unreliable guardians of individual rights. To be sure, through the mid-twentieth century, the courts positioned themselves as the ultimate protector of citizens suffering the state's infringement of their rights. But they have more recently abandoned, and even aggressively repudiated, a role as the protector of individual rights in the face of abuses by the state. Ironically, this collapse highlights the position that the Framers took when setting up federal courts in the first place.A powerful historical account of the how the expansion of the immunity principle generated yawning gap between rights and remedies in contemporary America, The Collapse of Constitutional Remedies will reshape our understanding of why it has become so difficult to effectively challenge crimes committed by the state.William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What impact has two decades' worth of policing and counterterrorism had on the state of mind of Muslims in Britain? In The Suspect: Counterterrorism, Islam, and the Security State (Pluto Press, 2022), Rizwaan Sabir writes compellingly about his own experiences of wrongful arrest, detention and subsequent surveillance, placing these in the broader context of 21st century British counterterrorism practices and the policing of Muslims.Writing publicly for the first time about the traumatising mental health effects of these experiences, Sabir argues that these harmful outcomes are not the result of errors in government planning, but the consequences of using a counterinsurgency warfare approach to fight terrorism and police Muslims. To resist the injustice of these policies and practices, we need to centre the lived experiences of those subjected to them and build networks of solidarity and support.Dr Rizwaan Sabir (@RizwaanSabir) is a Lecturer (aka Assistant Professor) in Criminology at Liverpool John Moores University. His research concerns British counterterrorism policy and practice, especially the way in which counterinsurgency theory, doctrine, and practice have been integrated into the UK's domestic 'War on Terror' infrastructure.Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. She can be reached by email or on Twitter.Listeners interested in British policing and surveillance may also appreciate this recent interview about Deep Deception: The Story of the Spycop Network, by the Women Who Uncovered the Shocking Truth (Ebury, 2022).Catriona Gold is a PhD candidate in Geography at University College London. She is currently researching the US Passport Office's role in governing Cold War travel, and broadly interested in questions of security, surveillance and mobility. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Female Genius: Eliza Harriot and George Washington at the Dawn of the Constitution (U Virginia Press, 2022), Mary Sarah Bilder looks to the 1780s—the Age of the Constitution—to investigate the rise of a radical new idea in the English-speaking world: female genius. Bilder finds the perfect exemplar of this phenomenon in English-born Eliza Harriot Barons O’Connor. This pathbreaking female educator delivered a University of Pennsylvania lecture attended by George Washington as he and other Constitutional Convention delegates gathered in Philadelphia. As the first such public female lecturer, her courageous performance likely inspired the gender-neutral language of the Constitution. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Guns hold a complex place in American culture. Over 30,000 Americans die each year from gun violence, and guns are intimately connected to issues of public health, as is evident whenever a mass shooting occurs. But guns also play an important role in many Americans’ lives that is not reducible to violence and death—as tools, sporting equipment, and identity markers. They are also central to debates about constitutional rights, as seen in ongoing discussions about the Second Amendment, and they are a continuous source of legislative concern, as apparent in annual ratings of gun-supporting legislators.Even as guns are wrapped up with other crucial areas of concern, they are also fundamentally a rhetorical concern. Guns and gun violence occupy a unique rhetorical space in the United States, one characterized by silent majorities, like most gun owners; vocal minorities, like the firearm industry and gun lobby; and a stalemate that fails to stem the flood of the dead. How Americans talk, deliberate, and fight about guns is vital to how guns are marketed, used, and regulated. A better understanding of the rhetorics of guns and gun violence can help Americans make better arguments about them in the world. However, where guns are concerned, rhetorical studies is not terribly different from American culture more generally. Guns are ever-present and exercise powerful effects, but they are commonly talked about in oblique, unsystematic ways.Rhetoric and Guns (Utah State UP, 2022) advances more direct, systematic engagement in the field and beyond by analyzing rhetoric about guns, guns in rhetoric, and guns as rhetoric, particularly as they relate to specific instances of guns in culture. The authors attempt to understand rhetoric’s relationship to guns by analyzing rhetoric about guns and how they function in and as rhetoric related to specific instances—in media coverage, political speech, marketing, and advertising. Original chapters from scholars in rhetorical studies, communication, education, and related fields elucidate how rhetoric is used to maintain and challenge the deadly status quo of gun violence in the United States and extend rhetoricians’ sustained interest in the fields’ relationships to violence, brutality, and atrocity.Tom Discenna is Professor of Communication at Oakland University whose work examines issues of academic labor and communicative labor more broadly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Machine Learning for Criminology and Crime Research: At the Crossroads (Routledge, 2022) reviews the roots of the intersection between machine learning, artificial intelligence (AI), and research on crime; examines the current state of the art in this area of scholarly inquiry; and discusses future perspectives that may emerge from this relationship.As machine learning and AI approaches become increasingly pervasive, it is critical for criminology and crime research to reflect on the ways in which these paradigms could reshape the study of crime. In response, this book seeks to stimulate this discussion. The opening part is framed through a historical lens, with the first chapter dedicated to the origins of the relationship between AI and research on crime, refuting the novelty narrative that often surrounds this debate. The second presents a compact overview of the history of AI, further providing a nontechnical primer on machine learning. The following chapter reviews some of the most important trends in computational criminology and quantitatively characterizing publication patterns at the intersection of AI and criminology, through a network science approach. This book also looks to the future, proposing two goals and four pathways to increase the positive societal impact of algorithmic systems in research on crime. The sixth chapter provides a survey of the methods emerging from the integration of machine learning and causal inference, showcasing their promise for answering a range of critical questions.With its transdisciplinary approach, Machine Learning for Criminology and Crime Research is important reading for scholars and students in criminology, criminal justice, sociology, and economics, as well as AI, data sciences and statistics, and computer science.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

In 1802, President Thomas Jefferson distilled a leading idea in the early American republic and wrote of a wall of separation between church and state. That metaphor has come down from Jefferson to 21st-century Americans through a long history of jurisprudence, political contestation, and cultural influence. Separating Church and State: A History (Cornell UP, 2022) traces the development of the concept of separation of church and state and the Supreme Court's application of it in the law.Steven K. Green finds that conservative criticisms of a separation of church and state overlook the strong historical and jurisprudential pedigree of the idea. Yet, arguing with liberal advocates of the doctrine, he notes that the idea remains fundamentally vague and thus open to loose interpretation in the courts. As such, the history of a wall of separation is more a variable index of American attitudes toward the forces of religion and state.Indeed, Green argues that the Supreme Court's use of the wall metaphor has never been essential to its rulings. The contemporary battle over the idea of a wall of separation has thus been a distraction from the real jurisprudential issues animating the contemporary courts.Lane Davis is an Instructor of Religion at Huntingdon College. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Menachem Kaiser's book Plunder: A Memoir of Family Property and Nazi Treasure (Mariner Books, 2021) is set in motion when the author takes up his Holocaust-survivor grandfather's former battle to reclaim the family's apartment building in Sosnowiec, Poland. Soon, he is on a circuitous path to encounters with the long-time residents of the building, and with a Polish lawyer known as "The Killer." A surprise discovery--that his grandfather's cousin not only survived the war, but wrote a secret memoir while a slave laborer in a vast, secret Nazi tunnel complex--leads to Kaiser being adopted as a virtual celebrity by a band of Silesian treasure seekers who revere the memoir as the indispensable guidebook to Nazi plunder. Propelled by rich original research, Kaiser immerses readers in profound questions that reach far beyond his personal quest. What does it mean to seize your own legacy? Can reclaimed property repair rifts among the living? Plunder is both a deeply immersive adventure story and an irreverent, daring interrogation of inheritance--material, spiritual, familial, and emotional. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

By 1990 the Berlin Wall had fallen and the East German state security service folded. For forty years, they had amassed more than a billion pages in manila files detailing the lives of their citizens. Almost a hundred thousand Stasi employees, many of them experienced officers with access to highly personal information, found themselves unemployed overnight.Ralph Hope’s The Grey Men: Pursuing the Stasi Into the Present (Oneworld, 2022) is the story of what they did next.Former FBI agent Ralph Hope uses present-day sources and access to Stasi records to track and expose ex-officers working everywhere from the Russian energy sector to the police and even the government department tasked with prosecuting Stasi crimes. He examines why the key players have never been called to account and, in doing so, asks if we have really learned from the past at all. He highlights a man who continued to fight the Stasi for thirty years after the Wall fell, and reveals a truth that many today don't want spoken.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

Most existing literature regarding civil-military relations in the United States references either the Cold War or post-Cold War era, leaving a significant gap in understanding as our political landscape rapidly changes. Reconsidering American Civil-Military Relations: The Military, Society, Politics, and Modern War (Oxford UP, 2020) builds upon our current perception of civil-military relations, filling in this gap and providing contemporary understanding of these concepts. The authors examine modern factors such as increasing partisanship and political division, evolving technology, new dynamics of armed conflict, and the breakdown of conventional democratic and civil-military norms, focusing on the multifaceted ways they affect civil-military relations and American society as a whole.Lionel Beehner, Risa Brooks, and Daniel Maurer, serving as both editors of the volume and authors themselves, recruited contributing authors who come from a diversity of backgrounds, many of whom have served in the military, or in the foreign service, have worked as policy makers, and many who have held academic appointments in security studies, war studies, and at the military academies as well as at civilian institutions. Reconsidering American Civil-Military Relations helps to define and examine the roles and responsibilities of the military, civilian leadership, and the public, centering the sections of the book around these definitions, then delving deeper into the intricacies of their relations within the chapters in each section of the book. The first section of the book analyzes the military’s roles and responsibilities, focusing on limits of the military’s political activity as well as long-standing conventions and norms of professionalism that are part of the old Cold War structures. The second section explores the civilian side of the civil-military equation, particularly the role of the soldier, both as a member of society and a member of the military. This section also explores the marginalization of civilian voices in military policy making and factors that may contribute to that marginalization. The third section focuses on the relationship between society and the military, exploring societal attitudes toward the military and identifying how trends in partisanship and polarization are challenging civil-military relations. The fourth and final section of this volume examines the fragility and erratically fluid nature of our current historical moment, and how challenges in civil-military relations can arise from the changing realities of war, armed conflict, and domestic political dynamics.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is 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

Cannabis "legalization" hasn't lived up to the hype. Across North America, investors are reeling, tax collections are below projections, and people are pointing fingers. On the business side, companies have shut down, farms have failed, workers have lost their jobs, and consumers face high prices. Why has legal weed failed to deliver on many of its promises? Can Legal Weed Win?: The Blunt Realities of Cannabis Economics (U California Press, 2022) takes on the euphoric claims with straight dope and a full dose of economic reality.This book delivers the unadulterated facts about the new legal segment of one of the world's oldest industries. In witty, accessible prose, economists Robin Goldstein and Daniel Sumner take readers on a whirlwind tour of the economic past, present, and future of legal and illegal weed. Drawing upon reams of data and their own experience working with California cannabis regulators since 2016, Goldstein and Sumner explain why many cannabis businesses and some aspects of legalization fail to measure up, while others occasionally get it right. Their stories stretch from before America's first medical weed dispensaries opened in 1996 through the short-term boom in legal consumption that happened during COVID-19 lockdowns. Can Legal Weed Win? is packed with unexpected insights about how cannabis markets can thrive, how regulators get the laws right or wrong, and what might happen to legal and illegal markets going forward.Robin Goldstein is an economist and author of The Wine Trials, a controversial exposé of wine snobbery that has become the world’s best-selling guide to cheap wine. Daniel Sumner is Frank H Buck, Jr. Distinguished Professor of Agriculture and Resource Economics at the University of California, Davis. Together they take readers on a tour of the economics of legal and illegal weed, showing where cannabis regulation has gone wrong and how it could do better.John Emrich has worked for decades years in corporate finance, business valuation and fund management. He has a podcast about the investment space called Kick the Dogma. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law