New Books in Law

Legal precarity, mobility, and the criminalization of migrants complicate the study of forced migration and exile. Traditional methodologies can obscure both the agency of displaced people and hierarchies of power between researchers and research participants. This project critically assesses the ways in which knowledge is co-created and reproduced through narratives in spaces of displacement, advancing a creative, collective, and interdisciplinary approach. Documenting Displacement: Questioning Methodological Boundaries in Forced Migration Research (McGill-Queen's UP, 2022) explores the ethics and methods of research in diverse forced migration contexts and proposes new ways of thinking about and documenting displacement. Each chapter delves into specific ethical and methodological challenges, with particular attention to unequal power relations in the co-creation of knowledge, questions about representation and ownership, and the adaptation of methodological approaches to contexts of mobility. Contributors reflect honestly on what has worked and what has not, providing useful points of discussion for future research by both established and emerging researchers. Innovative in its use of arts-based methods, Documenting Displacement invites researchers to explore new avenues guided not only by the procedural ethics imposed by academic institutions, but also by a relational ethics that more fully considers the position of the researcher and the interests of those who have been displaced.Lois Klassen is an artist, writer and researcher based on Coast Salish Territory (traditional and unceded) in what is referred to as Vancouver. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Artificial intelligence, or AI for short, has generated a staggering amount of hype in the past several years. Is it the game-changer it's been cracked up to be? If so, how is it changing the game? How is it likely to affect us as customers, tenants, aspiring homeowners, students, educators, patients, clients, prison inmates, members of ethnic and sexual minorities, and voters in liberal democracies? Authored by experts in fields ranging from computer science and law to philosophy and cognitive science, A Citizen's Guide to Artificial Intelligence (MIT Press, 2022) offers a concise overview of moral, political, legal and economic implications of AI. It covers the basics of AI's latest permutation, machine learning, and considers issues such as transparency, bias, liability, privacy, and regulation.Both business and government have integrated algorithmic decision support systems into their daily operations, and the book explores the implications for our lives as citizens. For example, do we take it on faith that a machine knows best in approving a patient's health insurance claim or a defendant's request for bail? What is the potential for manipulation by targeted political ads? How can the processes behind these technically sophisticated tools ever be transparent? The book discusses such issues as statistical definitions of fairness, legal and moral responsibility, the role of humans in machine learning decision systems, “nudging” algorithms and anonymized data, the effect of automation on the workplace, and AI as both regulatory tool and target.Dr John Zerilli is a philosopher with particular interests in cognitive science, artificial intelligence, and the law. He is currently a Leverhulme Fellow at the University of Oxford, a Research Associate in the Oxford Institute for Ethics in AI, and an Associate Fellow in the Centre for the Future of Intelligence at the University of Cambridge.Frances Sacks is a journalist and graduate of Wesleyan University where she studied in the Science and Society Program. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974.The Long Land War: The Global Struggle for Occupancy Rights (Yale UP, 2022) provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet.Jo Guldi is associate professor of history at Southern Methodist University, where she teaches courses on the history of Britain, the British Empire, modern development policy, and property law. She is the author of Roads to Power: Britain Invents the Infrastructure State and (with David Armitage) The History Manifesto and lives in Richardson, Texas. Twitter. Website.Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!: Why Data Security Law Fails and How to Improve It (Oxford UP, 2022), Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more.Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It’s no secret that the United States has the most expansive prison system of any nation in the world. And the US carceral system overwhelmingly and unjustly impacts Black and Brown individuals and communities. With postwar efforts to dismantle Jim Crow policies, our era of mass incarceration reproduced the old logics of white supremacism that uphold racist capitalism in this new setting. These are the things we know.But in his book, Silent Cells: The Secret Drugging of Captive America (U Minnesota Press, 2019), Professor Anthony Hatch observes a feature of mass incarceration essential to its everyday function that many of us had never considered: the large-scale, persistent use of psychotropic drugs, including antipsychotics and antidepressants, not for medical care but rather to control the behavior of incarcerated people. Making a persuasive claim drawn from his training in STS and sociology, Hatch observes how the drugs are used at the level of individual brain chemistry to commit “soul murder” with enormous systemic implications and political stakes. What’s more, the carceral elites’ use of psychotropic drugs for the purposes of pacification, not care, of their wards extends to other (often state-backed) settings of “captive America,” including the military, foster care, elder care, and international detention centers. “Is it possible for the US carceral state to exist without psychotropics,” Hatch asks. “I think we can say the answer is no.”Silent Cells accomplishes more than the (important) tasks of documentation and analysis. It is a work of liberatory social science. The book is of a piece with Hatch’s abolitionist agenda that he pursues through his generous and generative scholarly and activist engagements, including his work as director of the Black Box teaching laboratory and chair of the Program in Science in Society at Wesleyan University.This interview was a collaborative effort among Professor Laura Stark and students at Vanderbilt University in the course “Prison.” Please email Laura with any feedback on the interview or questions about the collaborative interview process: laura.stark@vanderbilt.edu . Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The attacks of 9/11 changed the course of the global counter-terrorism order which has entrenched a system of global governance. This institutional creep is arguably eroding national borders, spheres of domestic governance, human rights, and seeps into the daily lives of ordinary citizens in largely unforeseen aspects. Perhaps just as alarming, there is limited accountability on the part of either international institutions, state or private actors of who are instigators in this ever-expansive transnational counter-terror framework. In this conversation, Professor Fiona de Londras and I discuss these and other issues in her latest book, The Practice and Problems of Transnational Counter-Terrorism, published by Cambridge University Press in 2022. This is serious stuff, which is relevant to international lawyers, constitutional law experts, human rights activists and anyone who is concerned about the implications of the expanding sphere of the institution of transnational counter-terrorism and how it impacts the day to day lives of every person. Professor Fiona de Londras is the Chair of Global Legal Studies at the University of Birmingham Law School, at The University of Birmingham. Her research concerns constitutionalism, human rights, transnationalism, reproductive rights (especially abortion law), and the development and domestic impacts of the European Convention on Human Rights. Her work has been funded by the European Commission, the British Academy, the Joseph Rowntree Charitable Trust, and the Leverhulme Trust. In 2017 she was awarded the Philip Leverhulme Prize in law, awarded to recognise the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising. Listen here to a previous interview for the New Books Network with Professor de Londras and Associate Professor Cora Chan on their edited volume, China's National Security: Endangering Hong Kong's Rule of Law? 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

Race is the subject of passionate and increasingly angry debate. But amidst all the talk of unconscious bias it’s an area into which many fear to tread. In this podcast Professor McWhorter of Colombia University outlines his sometimes controversial views on these issues and explains why he wants to debate them in public. His latest book is Woke Racism: How a New Religion Has Betrayed Black America (Portfolio, 2021).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

NB: This interview contains explicit language.In Banning Transgender Conversion Practices: A Legal and Policy Analysis (U British Columbia Press, 2022), bioethicist and jurist Florence Ashley historicizes recent developments in bans on transgender conversion practices, explains the legal implications of various conversion therapy bans, and argues for implementation that comes alongside education and action by professional orders. This book would be of great interest to sociolegal scholars, policymakers, those working in healthcare, and scholars simply seeking to further understand the enactment of bans on transgender conversion practices.Survivors of conversion practices – interventions meant to stop gender transition – have likened the process to torture. Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations. Florence Ashley can be found on Twitter (https://twitter.com/ButNotTheC...), with their extensive publications available on their website (https://www.florenceashley.com...).Rine Vieth (https://rinevieth.carrd.co/) is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights (U Texas Press, 2021) analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values.Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the public acceptance of emotion that encouraged the birth and rebirth of humane values.Rachel Hall Sternberg is an associate professor of classics and history at Case Western Reserve University. She is the author of Tragedy Offstage: Suffering and Sympathy in Ancient Athens and editor of Pity and Power in Ancient Athens.Jackson Reinhardt is a graduate of University of Southern California and Vanderbilt University. He is currently an independent scholar, freelance writer, and research assistant. You can reach Jackson at jtreinhardt1997@gmail.com and follow him on Twitter @JTRhardt Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"Sincerely held religious belief" is now a common phrase in discussions of American religious freedom, from opinions handed down by the US Supreme Court to local controversies. The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, framing what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held: American Secularism and Its Believers (U Chicago Press, 2022), Charles McCrary provides an original account of how sincerely held religious belief became the primary standard for determining what legally counts as authentic religion.McCrary skillfully traces the interlocking histories of American sincerity, religion, and secularism starting in the mid-nineteenth century. He analyzes a diverse archive, including Herman Melville's novel The Confidence-Man, vice-suppressing police, Spiritualist women accused of being fortune-tellers, eclectic conscientious objectors, secularization theorists, Black revolutionaries, and anti-LGBTQ litigants. Across this history, McCrary reveals how sincerity and sincerely held religious belief developed as technologies of secular governance, determining what does and doesn't entitle a person to receive protections from the state.This fresh analysis of secularism in the United States invites further reflection on the role of sincerity in public life and religious studies scholarship, asking why sincerity has come to matter so much in a supposedly "post-truth" era.Dr. Charles McCrary is a scholar of American religion, focusing on secularism, religious freedom, race, and science. His work has been published in academic journals including the Journal of the American Academy of Religion, Religion & American Culture, and Religion. He also has written for popular outlets such as Religion & Politics, The Revealer, and The New Republic, many of which are linked in the show notes of this episode. Before coming to ASU, he was a postdoctoral research associate at the John C. Danforth Center on Religion and Politics at Washington University in St. Louis.Read more by Charles McCrary: "The Supreme Court and the Strange Politics of the 'Sincere Believer,'" Religion & Politics, Apr. 2022 "The Antisocial Strain of Sincere Religious Beliefs Is on the Rise," The New Republic, Apr. 2022 "The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates," The New Republic, Sept. 2021 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law