New Books in Law

This book cuts new ground by applying a human rights lens of analysis to domestic mental health laws. It makes a timely contribution into the discourse regarding mental health, supported decision-making and disability rights in the post CRPD era. In A New Era for Mental Health Law and Policy: Supported Decision-Making and the UN Convention on the Rights of Persons with Disabilities (Cambridge University Press, 2017) Research Fellow Dr Piers Gooding challenges law makers to bring domestic laws into compliance with the CRPD. At the same time, Gooding confronts the pragmatic concerns which continue to shape these same laws, such as the case where a person's mental impairment is perceived as a risk to self or others.  I had a great chat with Dr. Gooding in this hour; we spoke about arguments for and against coercive interventions, the right to and meaning of autonomy, tensions between rights based legalism and clinical governance, and more. We spoke about how domestic mental health laws have evolved since the 1980s, and especially since the introduction of the CRPD, and where to go from here. Some of the scholarship mentioned in our conversation included that of Tina Minkowitz, John Fanning, and the collaborative work of Piers himself with Bernadette McSherry, Cath Roper, and Flick Grey.   Dr Piers Gooding is a Research Fellow at the Melbourne Social Equity Institute and Melbourne Law School, and is currently an Open Science Fellow at the Mozilla Foundation. His work focuses on the law and politics of disability and mental health, with a special interest in issues of legal capacity, decision-making, technology, and human rights.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

Quotas for women in government have swept the globe. Yet we know little about their capacity to upend entrenched social, political, and economic hierarchies. ​Property and Power seeks to explore this issue within the context of India, the world's largest democracy. Brulé uses cutting-edge research design and extensive field research to make connections among political representation, backlash, and economic empowerment. Her findings show that women in government catalyze access to fundamental economic rights: property rights. Women in politics also have the power to support constituent rights at critical junctures, such as marriage negotiations, sparking integrative solutions to intra-household bargaining. Although they can lead to backlash, quotas are essential for enforcement ​of rights. In this groundbreaking study, Brulé shows how quotas can operate as a crucial tool to foster equality and benefit the women they are meant to empower. Women, Power, and Property: The Paradox of Gender Equality Laws in India has been awarded the APSA’s 2021 Luebbert Prize for the Best Book in Comparative Politics.Dr. Rachel Brule is Assistant Professor of Global Development Policy at Boston University’s Frederick S. Pardee School of Global Studies and Graduate Faculty with BU’s Department of Political Science, a Core Faculty at the Global Development Policy Center, and affiliated faculty with the Institute for Economic Development. Sohini Chatterjee is a PhD Student in Gender, Sexuality, and Women's Studies at Western University, Canada. Her work has recently appeared in Women's Studies: An inter-disciplinary journal, South Asian Popular Culture and Fat Studies. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Neurodisability and the Criminal Justice System: Comparative and Therapeutic Responses (Edward Elgar Publishing, 2021) delves into an under-researched and little understood but extremely pertinent issue in law; the prevalence of neurodisability within criminal justice systems. Considering the challenges faced by both juveniles and adults with neuorodisabilities who come into contact with the criminal justice system, a host of interdisciplinary international scholars examine the issue from multiple perspectives; from that of lawyers, magistrates, and through the lens of therapeutic and legal analysis, this contribution offers suggestions for reform of both legislation and practice. The book makes the case that criminal justice systems lack the accommodations required both within the institution and the community to adequately support those with neurodisabilities who come into contact with the criminal justice system. In this conversation, with one of the co-editors of the book, Anna Eriksson, we cover a broad range of ground - from the ways in which resources could be reallocated to better address issues of community safety, to how better with neurodisabilities may be better supported in a practical basis to bring more just, equitable and humane outcomes. This is an important book for criminal lawyers, policy makers, criminologists and members of the public who wish to understand and challenge the barriers that people with neurodisabilities face, not just as a result of the criminal justice system but on a day-to-day basis.   Gaye T. Lansdell is an Associate Professor in The Faculty of Law at Monash University. Bernadette J Saunders is a Senior Lecturer in the Department of Medicine, Nursing and Health Sciences at Monash University. Anna Eriksson is an Associate Professor in Criminology at Monash University. 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

In The Soviet Passport: The History, Nature and Uses of the Internal Passport in the USSR (Polity Press, 2021), Albert Baiburin provides the first in-depth study of the development and uses of the passport, or state identity card, in the former Soviet Union. This richly empirical book will be of great interest not only to students and scholars of Russia and the Soviet Union, but to to anyone interested in the shaping of identity in the modern world. The Soviet Passport was first published in Russian in 2017; this is the first English-language translation of the book.First introduced in 1932, the Soviet passport took on an exceptional range of functions, extending not just to the regulation of movement and control of migrancy but also to the constitution of subjectivity and of social hierarchies based on place of residence, family background, and ethnic origin.  While the basic role of the Soviet passport was to certify a person’s identity, it assumed a far greater significance in Soviet life, with wide-ranging social, economic and geographical consequences. Passport ownership became the signifier of an acceptable social existence, and the passport itself became part of the life experience and self-perception of those who possessed it.In this interview, I was joined by the book's translator, Stephen Dalziel. We discussed the role of passports in Soviet and pre-Soviet society, including the revolutionary abolition of the Tsarist passport system and the subsequent introduction of the Soviet passport system. We also discussed the process of translation, both for this book and for Stephen's previous translation projects. We hope you enjoy our conversation.Albert Baiburin (the book's author, who could not join us) is a Professor in the Department of Anthropology at the European University at St Petersburg.Stephen Dalziel (my interviewee) is the book's translator. He is a Soviet expert and former BBC correspondent. He now runs DLC Training and Consulting, and is keen to take on more translation work.Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office's role in the Cold War. She can be reached by email or on Twitter. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Acts of repetition abound in international law. Security Council Resolutions typically start by recalling, recollecting, recognising or reaffirming previous resolutions. Expert committees present restatements of international law. Students and staff extensively rehearse fictitious cases in presentations for moot court competitions. Customary law exists by virtue of repeated behaviour and restatements about the existence of rules. When sources of international law are deployed, historically contingent events are turned into manifestations of pre-given and repeatable categories.In Repetition and International Law (Cambridge University Press, 2022), Dr. Wouter Werner studies the workings of repetition across six discourses and practices in international law. It links acts of repetition to similar practices in religion, theatre, film and commerce. Building on the dialectics of repetition as set out by Søren Kierkegaard, the book examines how repetition in international law is used to connect concrete practices to something that is bound to remain absent, unspeakable or unimaginable.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

Timothy Blauvelt’s book Clientelism and Nationality in an Early Soviet Fiefdom: The Trials of Nestor Lakoba (Routledge, 2021), explores the complexity of Soviet Nationality Policy and patronage relationships among the Soviet elite by focusing on Nestor Apollonovich Lakoba, the Chairman of the Abkhazian Council of Commissars (Sovnarkom) and Abkhazia's colourful, hyper-connected and Zelig-like local power broker. Small in stature and hard of hearing, Lakoba earned an outsized reputation as a gracious Caucasian host with an easy-going spirit, known for his pithy Abkhazian folk sayings and his connections to absolutely everybody who mattered, reputedly having the ear of Stalin himself. Lakoba seemed at odds with the prototypical loud and gruff Stalinist party boss, but he was in his own way no less ruthless, despotic and cunning in his deployment of patronage and the political capital that this subtropical region had to offer.Local ethnic elites like Lakoba realized the advantages of representing the “titular” nationality of a territory to consolidate their position and authority and to extract resources from the centre(s) (even in territories like Abkhazia, where the titular nationality did not comprise a majority of the population). At the same time, they understood the importance of maintaining the trust and loyalty of their own “constituencies,” among both the titular masses and the other titular elites, in order prevent the emergence of a rival grouping that could position itself as a credible substitute. The goal was to maintain the trust and loyalty of both patrons above and of clients below, while at the same time cultivating an aura of irreplaceability. The patrons in the centre (in this case, primarily the Transcaucasian and Georgian Party leadership in Tiflis) required a credibly representative titular leadership grouping on the ground in the titular territories. But once the choice had been made, those in the centre often found themselves constrained by that choice: the success of the patron depended on the success of the client. This gave the latter considerable power over the former to extract resources and to guarantee protection, so long as the client remained the “only game in town,” costlier to replace than to maintain. Yet this situation was far from static: as the emphasis in Soviet nationality policy changed from support for the many smaller ethnic groups in the 1920s to favouring the larger nationalities with union republics from the mid-1930s (and even towards “cleansing” entire populations of potentially disloyal ethnicities), the imperative to maintain titular leadership groups in the autonomous units fell away. The rules of the game changed fundamentally. Listen in to learn more about this fascinating history of power and politics! Samantha Lomb is a lecturer at Vyatka State University in Kirov, Russia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We tend to associate Roe v. Wade, the landmark Supreme Court decision that decriminalized abortion in 1973, with the choice not to have children. But Roe was equally transformative for Americans' understanding of family--having and raising children also came to be thought of as a choice. In Reproduction Reconceived: Family Making and the Limits of Choice after Roe v. Wade (University of California Press, 2021), Sara Matthiesen highlights the distance between this idea of choice and worsening forms of inequality that have forced far too many to work harder simply to create and maintain a family. In this new and timely work, Matthiesen shows how the effects of incarceration, for-profit and racist healthcare, disease, and poverty have been worsened by state neglect. At its core, Reproduction Reconceived is an urgent historical account: of the myriad labors that families have been made to perform simply to survive, and of the inevitable costs that pile up when family making is seen as a private responsibility rather than a public good.Dr. Nicole Bourbonnais is an Associate Professor of International History and Politics and Co-Director of the Gender Centre at the Graduate Institute of International and Development Studies in Geneva, Switzerland. Her research explores reproductive politics and practice from a transnational historical perspective. More info here. Twitter: @iheid_history and @GC_IHEID Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Raj Balkaran interviews Walter Dorn (Professor of Defence Studies, Royal Military College) and Andrew Bartles-Smith (Head of Global Affairs, International Committee of the Red Cross) about very timely and important research at the intersection of ancient Indian ethics and modern global discourse.Raj Balkaran is a scholar, educator, consultant, and life coach. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In late May 1918 in Valdosta, Georgia, ten Black men and one Black woman—Mary Turner, eight months pregnant at the time—were lynched and tortured by mobs of white citizens.Through hauntingly detailed full-color artwork and collage, Elegy for Mary Turner names those who were killed, identifies the killers, and evokes a landscape in which the NAACP investigated the crimes when the state would not and a time when white citizens baked pies and flocked to see Black corpses while Black people fought to make their lives—and their mourning—matter.Included are contributions from C. Tyrone Forehand, great-grandnephew of Mary and Hayes Turner, whose family has long campaigned for the deaths to be remembered; abolitionist activist and educator Mariame Kaba, reflecting on the violence visited on Black women’s bodies; and historian Julie Buckner Armstrong, who opens a window onto the broader scale of lynching’s terror in American history.All royalties from Elegy for Mary Turner: An Illustrated Account of a Lynching (Verso, 2021) go to the National Center for Civil and Human Rights in Atlanta, GA.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, 202) Twitter: @DrBrandonJett1 Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Max Krochmal and Todd Moye’s Civil Rights in Black and Brown: Histories of Resistance and Struggle in Texas (University of Texas Press, 2021) is a critical contribution that uncovers histories of activism in the lone state. From El Paso, Dallas, and to the Rio Grande Valley, social justice initiatives were critical for fighting Jim Crow and Juan Crow. The contributors make the case that various towns and cities across the state developed coalitions across Black and Brown racial lines.In this episode, Tiffany speaks with Drs. Max Krochmal, Katherine Bynum, and Todd Moye about the process for collecting histories of the long liberation struggles in Texas. Moye, Krochmal, and other Dallas-Fort Worth Metroplex joined forces to create a coalition of professionals to spearhead the creation of Civil Rights in Black and Brown, a digital oral history project that holds over a hundred oral interviews. As a graduate student at Texas Christian University, Bynum worked alongside Krochmal to document and preserve the oral records of activists and traveled with other peers to learn more about the hidden history of Jim Crow discrimination in the state.Tiffany González is an Assistant Professor of History at James Madison University. She is a historian of Chicana/Latinx history, American politics and social movements. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law