New Books in Law

In How Machines Came to Speak: Media Technologies and Freedom of Speech (Duke University Press, 2022), Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.Jennifer Petersen is an Associate Professor of Communication at the Annenberg School for Communication and Journalism at the University of Southern California. She is the director of the graduate certificate program in Science and Technology Studies and is affiliated with the Center for Law, History, and Culture. Before arriving at USC, she worked at the University of Virginia, where she was an affiliate with the Department of Women, Gender, and Sexuality. She is also a former Lenore Annenberg and Wallis Annenberg Fellow in Communication at the Center for Advanced Studies in the Behavioral Sciences (CASBS) at Stanford University.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. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

"The rule of law is a means by which [western EU members] want to knead us into something that resembles them," warned Viktor Orbán during his successful campaign for a fourth consecutive term as Hungary's prime minister.Yet, until Russia's invasion of Ukraine, the EU has held back on the demands it makes of members regarding core democratic norms and values. For a decade, the EU's institutions and most of its members have worried about the possibility of the emergence of a full autocracy within its borders but have been held back by diplomatic interests and the constraints imposed by unanimity in the use of Article 7 of the Treaty on European Union.The war, Orbán's re-election, a split in the Polish-Hungarian axis, and the lengthening queue of eastern membership applicants have changed the backdrop. The political will to ensure a liberal-democratic union has been reinforced but Article 7 is still inadequate to the task.Tom Theuns, assistant professor of political theory and European politics at Leiden University’s Institute of Political Science, has a nuclear option in his new paper: The Need for an EU Expulsion Mechanism: Democratic Backsliding and the Failure of Article 7 (Res Publica, Springer - 2022)*.*https://link.springer.com/arti...Mentioned: Memory and the future of Europe: Rupture and integration in the wake of total war by Peter Verovšek (Manchester University Press, 2020) and Adding a Bite to a Bark? A Story of Article 7, the EU Enlargement, and Jörg Haider by Wojciech Sadurski (Sydney Law School Research Paper No. 10/01)*The authors' book recommendations are: Technopopulism: The New Logic of Democratic Politics by Christopher Bickerton and Carlo Invernizzi Accetti (OUP Oxford, 2021) and The Goldfinch by Donna Tartt (Little Brown, 2013).Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Corruption and ineffectiveness are often expected of public servants in developing countries. However, some groups within these states are distinctly more effective and public oriented than the rest. Why? Patchwork Leviathan (Princeton UP, 2020) explains how a few spectacularly effective state organizations manage to thrive amid general institutional weakness and succeed against impressive odds. Drawing on the Hobbesian image of the state as Leviathan, Erin Metz McDonnell argues that many seemingly weak states actually have a wide range of administrative capacities. Such states are in fact patchworks sewn loosely together from scarce resources into the semblance of unity.McDonnell demonstrates that when the human, cognitive, and material resources of bureaucracy are rare, it is critically important how they are distributed. Too often, scarce bureaucratic resources are scattered throughout the state, yielding little effect. McDonnell reveals how a sufficient concentration of resources clustered within particular pockets of a state can be transformative, enabling distinctively effective organizations to emerge from a sea of ineffectiveness.Patchwork Leviathan offers a comprehensive analysis of successful statecraft in institutionally challenging environments, drawing on cases from contemporary Ghana and Nigeria, mid-twentieth-century Kenya and Brazil, and China in the early twentieth century. Based on nearly two years of pioneering fieldwork in West Africa, this incisive book explains how these highly effective pockets differ from the Western bureaucracies on which so much state and organizational theory is based, providing a fresh answer to why well-funded global capacity-building reforms fail—and how they can do better.Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The beginnings of the modern welfare state are often traced to the late nineteenth-century labor movement and to policymakers’ efforts to appeal to working-class voters. But in Agents of Reform: Child Labor and the Origins of the Welfare State (Princeton UP, 2021), Elisabeth Anderson shows that the regulatory welfare state began a half-century earlier, in the 1830s, with the passage of the first child labor laws. Agents of Reform tells the story of how middle-class and elite reformers in Europe and the United States defined child labor as a threat to social order, and took the lead in bringing regulatory welfare into being. They built alliances to maneuver around powerful political blocks and instituted pathbreaking new employment protections. Later in the century, now with the help of organized labor, they created factory inspectorates to strengthen and routinize the state’s capacity to intervene in industrial working conditions. Agents of Reform compares seven in-depth case studies of key policy episodes in Germany, France, Belgium, Massachusetts, and Illinois. Foregrounding the agency of individual reformers, it challenges existing explanations of welfare state development and advances a new pragmatist field theory of institutional change. In doing so, it moves beyond standard narratives of interests and institutions toward an integrated understanding of how these interact with political actors’ ideas and coalition-building strategies.Agents of Reform is a pathbreaking contribution to our understanding of the emergence of the welfare state and the role of social movements in political reform.Javier Mejia is an economist teaching at Stanford University, whose work focuses on the intersection between social networks and economic history. His interests extend to topics on entrepreneurship and political economy with a geographical specialty in Latin America and the Middle East. He received a Ph.D. in Economics from Los Andes University. He has been a Postdoctoral Associate and Lecturer at New York University--Abu Dhabi and a Visiting Scholar at the University of Bordeaux. He is a regular contributor to different news outlets. Currently, he is Forbes Magazine op-ed columnist. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Ireland’s 2015 Marriage Equality referendum is often framed as an incredible achievement just twenty years after sex between men was decriminalized (1993). But starting the story of gay and lesbian rights in Ireland in 1993 is misleading; the work and roots of the major reforms of the 1990s and twenty-first century are in the 1970s, when gay and lesbian activists formed organizations, lobbied for legislative change, and, perhaps most importantly, engaged in the essential work of shifting public perception of same-sex love. In his 2021 book Gay and Lesbian Activism in the Republic of Ireland, 1973-1993, Patrick McDonagh chronicles the work of the groups and individuals who helped shape Ireland into the state it is today. Join us as we chat about the isolation of being gay in a conservative Catholic nation, the fortitude of Ireland’s gay and lesbian groups, and the revolutionary possibilities of Saturday night discos.Averill Earls is the Executive Producer of Dig: A History Podcast (a narrative history podcast, rather than interview-based), and an Assistant Professor of History at Mercyhurst University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Over the last 40 years, the US penal system has grown at an unprecedented rate―five times larger than in the past and grossly out of scale with the rest of the world. In The Punishment Imperative: The Rise and Failure of Mass Incarceration in America (New York University Press, 2013), criminologists Todd Clear and Natasha Frost argue that America’s move to mass incarceration from the 1960s to the early 2000s was more than just a response to crime or a collection of policies adopted in isolation; it was a grand social experiment. Tracing a wide array of trends related to the criminal justice system, this book charts the rise of penal severity in America and speculates that a variety of force have finally come together to bring this great social experiment to an end.Todd R. Clear is University Professor of Criminal Justice at Rutgers University, Newark. He was also the founder of Rutgers University-Newark’s New Jersey Scholarship and Transformative Education in Prisons (NJ-STEP) consortium.Schneur Zalman Newfield is an Assistant Professor of Sociology at Borough of Manhattan Community College, City University of New York, and the author of Degrees of Separation: Identity Formation While Leaving Ultra-Orthodox Judaism (Temple University Press, 2020). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Jacob Mchangama, founder and director of the think tank Justitia, has written a one-volume history of freedom of thought, which ranges from the lone Demosthenes of 4th-century BCE Athens to the recent controversies regarding Donald Trump. In Free Speech: A History from Socrates to Social Media (Basic Books, 2022), Mchangama argues that the history of freedom of thought has recurrent themes, such as a free speech entropy: the perception of rulers or governments that if speech is not restricted then social or political decline or disorder is inevitable. Mchangama also notes how restrictions usually have the unintended effect of emboldening the speakers and making the forbidden speech even more attractive to potential listeners. This history also reveals advocates of free speech less familiar to Western readers, such as the ninth-century Persian scholar Ibn al-Rawandi, a theologian and later skeptic whose life illustrates the debates possible in medieval Islam. Mchangama reviews the modern debates regarding freedom of thought and the latest iterations of arguments about whether free speech will lead to social decline and chaos. Mchangama is a champion of free speech but his history provides a fair minded account of the concerns of speech restrictionists throughout history.Ian J. Drake is Associate Professor of Jurisprudence, Montclair State University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Childhood, Religion, and School Injustice (Cork University Press, 2020), Dr. Karl Kitching examines how debates about religion and education internationally often presume the neutrality of secular education governance as an irrefutable public good. However, understandings of secular freedom, rights and neutrality in schooling are continuously contested, and social movements have disrupted the notion that there is a uniform public to be educated. Simultaneously, unjust, neoliberal and majoritarian education policies constantly undermine collective notions of what is good and just.Dr. Kitching presents original empirical research on how religious and secular schools are positioned as competitors for parents’ attention, and shows how inequalities shape parents’ interest in, and access to, both secular and religious schools. Kitching particularly explores how children in urban and rural settings negotiate the joys, pleasures, paradoxes and injustices of schooling and childhood. He outlines ways in which children’s social positions, relationships and encounters with religious and consumer objects inform who they can become, and who and what they value.Drawing on the above research, Childhood, Religion and School Injustice demonstrates the need to engage with each child’s plurality, and to recognise multiple inequalities experienced by families across schools. Given that the mass privatisation and deregulation of schooling favours majority and advantaged social groups, Kitching argues for the becoming public of school systems and localities. In such a process, majoritarian, narrow self-interest is challenged, unchosen obligations to others are recognised, and collective imaginings of what a ‘good’ childhood is, are publicly engaged.Dr. Karl Kitching joined the School of Education, University of Birmingham in June 2020 as a Reader in Education Policy. Previously he was a Senior Lecturer in Education, and Director of Equality, Diversity and Inclusion at University College Cork, Ireland.Carrie Lynn Evans is a PhD student at Université Laval in Quebec City.carrie-lynn.evans@lit.ulaval.ca Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Desegregating Dixie: The Catholic Church in the South and Desegregation, 1945-1992 (UP of Mississippi, 2018), Mark Newman draws on a vast range of archives and many interviews to uncover for the first time the complex response of African American and white Catholics across the South to desegregation. In the late nineteenth and first half of the twentieth century, the southern Catholic Church contributed to segregation by confining African Americans to the back of white churches and to black-only schools and churches. However, in the twentieth century, papal adoption and dissemination of the doctrine of the Mystical Body of Christ, pressure from some black and white Catholics, and secular change brought by the civil rights movement increasingly led the Church to address racial discrimination both inside and outside its walls.Far from monolithic, white Catholics in the South split between a moderate segregationist majority and minorities of hard-line segregationists and progressive racial egalitarians. While some bishops felt no discomfort with segregation, prelates appointed from the late 1940s onward tended to be more supportive of religious and secular change. Some bishops in the peripheral South began desegregation before or in anticipation of secular change while elsewhere, especially in the Deep South, they often tied changes in the Catholic churches to secular desegregation.African American Catholics were diverse and more active in the civil rights movement than has often been assumed. While some black Catholics challenged racism in the Church, many were conflicted about the manner of Catholic desegregation generally imposed by closing valued black institutions. Tracing its impact through the early 1990s, Newman reveals how desegregation shook congregations but seldom brought about genuine integration.Winner of the 2020 American Studies Network Book Prize from the European Association for American StudiesAllison Isidore is the Assistant Director for the American Catholic Historical Association and is an Instructor of Record for the Religious Studies department at the University of Alabama. Her research interest is focused on the twentieth-century American Civil Rights Movement and the Catholic Church’s response to racism and the participation of Catholic clergy, nuns, and laypeople in marches, sit-ins, and kneel-ins during the 1950s and 1960s. Allison is also a Video Editor for The Religious Studies Project, producing videos for the podcast and marketing team. She tweets from @AllisonIsidore1. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual: Policing and the Colonial State in German Southwest Africa (Cornell UP, 2019) uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives.Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state.Nicole Coleman is Assistant Professor of German at Wayne State University. She tweets @drnicoleman.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law