New Books in Law

Adopted in 1868, the Fourteenth Amendment profoundly changed the US constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. In The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit (Harvard University Press, 2022), Dr. Randy Barnett and Dr. Evan Bernick argue that the Supreme Court has long misunderstood or ignored the original meaning of the amendment’s key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. In fact, they argue that “it is simply not the case that the Court’s current Fourteenth Amendment doctrine gives us everything that the original meaning of the Fourteenth Amendment promises.”Dr. Barnett and Dr. Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilised what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment.In this book, the authors identified the original meaning of the phrase “privileges or immunities of citizens of the United States” by examining the evidence from the Founding, from the antebellum period, from the drafting and ratification of the clause, and from the post-ratification interpretations in Congress and by courts and academic commentators. They argue that this mass of evidence shows that “privileges or immunities” encompassed civil rights, as distinguishes from “political” or “social” rights, and included the civil right to impartial treatment by civic institutions.” With attention to primary sources, the book shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.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

Increasingly fraught debates about sex, consent, feminism, justice, law, and gender relations have taken centre stage in academic, journalistic and social media circles in recent years. This has resulted in myriad new theories, debates and mediated movements including #MeToo and #TimesUp. In Sex, Consent, and Justice: A New Feminist Framework (Edinburgh UP), Tina Sikka explores many of the contradictions and tensions that make up these debates and movements. She looks at those that draw together contemporary understandings of justice, violence, consent, pleasure and desire.Louisa Hann recently attained a PhD in English and American studies from the University of Manchester, specialising in the political economy of HIV/AIDS theatres. She has published work on the memorialisation of HIV/AIDS on the contemporary stage and the use of documentary theatre as a neoliberal harm reduction tool. She is currently working on a monograph based on her doctoral thesis. You can get in touch with her at louisahann92@gmail.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Police use of advanced data collection and analysis technologies—or, "big data policing"—continues to receive both positive and negative attention through media, activism, and politics. While some high-profile cases illustrate its potential to hasten investigations or even solve previously unsolved crimes, and others showcase risks to individual liberties and vulnerable communities, we know surprisingly little about how and why police departments actually adopt and deploy these tools.Sarah Brayne's new book, Predict and Surveil: Data, Discretion, and the Future of Policing (Oxford UP, 2021) provides the first in-depth study of these questions. Dr. Brayne recorded observations and interviews over a 5-year period of ethnographic fieldwork and follow-up with the LAPD. In the book, she examines the roles of extra- and intra-departmental factors in the uptake of big data tools, their relationship to the practice and culture of policing, and the impacts and reactions they've precipitated among captains, sworn officers, civilian analysts, and policed communities.A major theme of the book is the role of discretion: While data-driven decision-making tools may promise to replace biased human judgment, in practice they can instead displace human judgment—to earlier and less visible steps in the process, exacerbating the problem they are invoked to solve. Conversely, i was also interested in how Dr. Brayne suggests we shift our perspectives on these tools: She proposes to think of a "big data environment" that shapes our social behavior, and she flips the analogy of data as capital to describe a "cumulative disadvantage" that accrues to those with less access to and control over the data collected on them.Dr. Brayne's study has legal and scholarly as well as policy implications, and it will be of interest to anyone interested in the societal role of data or in that of police. I hope that it becomes part of the foundation for urgently needed future work at their intersection.Suggested companion work: Ballad of the Bullet by Forrest Stuart (listen to Stuart's interview with Sarah E. Patterson here)Sarah Brayne is an Assistant Professor of Sociology at The University of Texas at Austin. Prior to joining the faculty at UT-Austin, she was a Postdoctoral Researcher at Microsoft Research. Dr. Brayne is the founder and director of the Texas Prison Education Initiative, a group of faculty and students who volunteer to teach college classes in prisons throughout Texas. Cory Brunson is an Assistant Professor at the Laboratory for Systems Medicine at the University of Florida. His research focuses on geometric and topological approaches to the analysis of medical and healthcare data. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In Life After Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020), Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can--and should--we rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history--but constantly persecuted--and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered--and often overlooked--in the digital age.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

Today we talk to Lu Ann Homza about her new book, Village Infernos and Witches' Advocates: Witch-Hunting in Navarre, 1608-1614 (Penn State Press, 2022). This book revises what we thought we knew about one of the most famous witch hunts in European history. Between 1608 and 1614, thousands of witchcraft accusations were leveled against men, women, and children in the northern Spanish kingdom of Navarre. The Inquisition intervened quickly but incompetently, and the denunciations continued to accelerate. As the phenomenon spread, children began to play a crucial role. Not only were they reportedly victims of the witches’ harmful magic, but hundreds of them also insisted that witches were taking them to the Devil’s gatherings against their will.Presenting important archival discoveries, Lu Ann Homza restores the perspectives of illiterate, Basque-speaking individuals to the history of this shocking event and demonstrates what could happen when the Spanish Inquisition tried to take charge of a liminal space. Because the Spanish Inquisition was the body putting those accused of witchcraft on trial, modern scholars have depended upon Inquisition sources for their research. Homza’s groundbreaking book combines new readings of the Inquisitional evidence with fresh archival finds from non-Inquisitional sources, including local secular and religious courts, and from notarial and census records.Expanding our understanding of this witch hunt as well as the history of children, community norms, and legal expertise in early modern Europe, Village Infernos and Witches’ Advocates is required reading for students and scholars of the Spanish Inquisition and the history of witchcraft in early modern Europe.Jana Byars is the Academic Director of Netherlands: International Perspectives on Sexuality and Gender. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Nicole Rafter (Routledge, 2021) is a critical summary and exegesis of the work of Nicole Rafter, who was a leading scholar of the history of biological theories of crime causation as well as a profound theorist of the role of history within criminology. It introduces Rafter’s key works and assesses her contributions to the fields of feminist criminology, cultural criminology, visual criminology and historical criminology. It also explores her theorization of criminology’s identity, scientific status, and possible futures.While many books on criminological theory explain and historically contextualize theory, they do not interrogate the production of theory or the epistemological assumptions behind it. Drawing on the world of Nicole Rafter, this book offers an accessible handbook to her extensive historical studies and to how her work demonstrated the importance of historical theory to criminological knowledge. Furthermore, the author brings Rafter’s historical research to life and shows how it speaks to contemporary issues in criminology and punishment.Written in a clear and direct style, this book will appeal to students and scholars of criminological theory, intellectual history, sociology, comparative criminology, and feminist criminology.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

Would a claim that human possession and property rights as merely temporary seem outlandish to a 21st-century thinker? How would this idea be received in Early Modern England? In today's NBN podcast, Dr. Erin Drew addresses this question in our discussion about her new book: The Usufructuary Ethos: Power, Politics, and Environment in the Long Eighteenth Century (University of Virginia Press, 2021). Using an environmental lens to analyze popular theology, moral philosophy, law, Drew also uses the poetry of John Evelyn, Anne Finch, John Philips, John Dyer, and James Grainger to deconstruct usufruct's legacy as a moral relationship between humans and their environments in late seventeenth- and early eighteenth England. During this period, "usufruct" appears as a common point of reference and comparison across philosophical, devotional, legal, and literary discussions of the ethical parameters of possessions, use, and power. Care for trees, for example, and ecologically represent literal connections among other beings and across generations if landlords acted as responsible stewards. By laying out the structure and implications of usufruct as an environmental ethic and its role in English discourse, Dr. Drew brings to light a subversive threat to an eighteenth-century English culture that proves surprisingly conservationist while drawing attention to parallels with contemporary environmental thought and assumption. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. In Preparing for War: The Making of the Geneva Conventions (Oxford University Press, 2022), Dr. Boyd van Dijk “shows how the final text of the 1949 Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters, many of whom were not liberal and whose ideas changed radically over time. Nor were they merely a product of idealism or even the shock felt in the wake of Hitler’s atrocities. Constructing the Conventions meant outlawing some forms of inhumanity while tolerating others. It concerned a great deal more than simply recognising the shortcomings of Internatinal law as revealed by the experience of the Second World War. In making the Conventions, drafters sought to contest European imperial rule, empower the ICRC, challenge state sovereignty, fight Cold War rivalries, ensure rights during wartime, reinvent the concept of war crimes and prepare for (civil) wars to come.”Dr. van Dijk argues that to understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself.Using never previously accessed archival materials, the book provides a comprehensive historical account of the Conventions' past and contributes to a deeper understanding of the most important treaty of humanitarian law. The book therefore presents an eye-opening account of the making of international law and offers both historians and legal scholars with detailed information about international law's origins.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 Reconsidering REDD+: Authority, Power and Law in the Green Economy (Cambridge UP, 2021), Julia Dehm provides a critical analysis of how the Reducing Emissions from Deforestation and Forest Degradation (REDD+) scheme operates to reorganise social relations and to establish new forms of global authority over forests in the Global South, in ways that benefit the interests of some actors while further marginalising others. In accessible prose that draws on interdisciplinary insights, Dehm demonstrates how, through the creation of new legal relations, including property rights and contractual obligations, new forms of transnational authority over forested areas in the Global South are being constituted. This important work should be read by anyone interested in a critical analysis of international climate law and policy that offers insights into questions of political economy, power, and unequal authority. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In his new book, Democracy, Nazi Trials, and Transitional Justice in Germany, 1945-1950 (Cambridge University Press, 2020), Dr. Devin O. Pendas examines how German courts conducted Nazi trials in the immediate postwar context. His work combines close readings of legal discourses in conjunction with very human stories to present a narrative of both irony and tragedy. In a masterful comparison of all four occupation zones, this book successfully musters historical data to challenge and overturn standard conceptualizations of “transitional justice.” It thus belongs definitively in the repertoire of legal scholars, political scientists, historians, and international relations theorists.Eric Grube is a PhD candidate in the Department of History at Boston College. He studies modern German and Austrian history, with a special interest in right-wing paramilitary organizations across interwar Bavaria and Austria."Casualties of War? Refining the Civilian-Military Dichotomy in World War I", Madison Historical Review, 2019. "Racist Limitations on Violence: The Nazi Occupation of Denmark", Essays in History, 2017. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law