New Books in Law

In his new book International Courts and Mass atrocity: Narratives of War and Justice in Croatia (Palgrave Macmillan, 2019) Ivor Sokolić explores the effects of international and national transitional justice in Croatia, and in particular the consequences of the work of the United Nations’ International Criminal Tribunal for the former Yugoslavia, the ICTY. Sokolić casts a critical analytical gaze on how and why universal human rights norms become distorted or undermined when they are filtered through national and local perceptions and narratives. Based on extensive research involving focus groups in Croatia, Sokolić’s book marks an innovative approach to exploring the limitations of transitional justice and reconciliation in a post-conflict environment. Ivor Sokolić is a lecturer in politics and international relations at the University of Hertfordshire in the United Kingdom.Christian Axboe Nielsen is associate professor of history and human security at Aarhus University in Denmark. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Welcome to The Academic Life! In this episode you’ll hear about: The field of reproductive health studies The data on contraceptive access and effectiveness [even when used correctly] Why we need to trust women What happens when a pregnant person seeking an abortion is turned away The long-term outcomes for people who have had abortions The consequences for people denied abortions A discussion of the book The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion Today’s book is: The Turnaway Study, which asks what happens when a person seeking an abortion is turned away. Dr. Diane Greene Foster and a team of scientists, psychologists, epidemiologists, demographers, nurses, physicians, economists, sociologists, and public health researchers conducted a ten-year study on the outcomes of a thousand pregnant people across America, studying both those who received abortions, and those who were turned away. Dr. Foster analyzes impacts on mental and physical health, careers, and romantic relationships, offering the first data-driven examination of the negative consequences for pregnant people who are denied abortions.Our guest is: Dr. Diana Greene Foster, a professor and demographer who uses quantitative models and analyses to evaluate the effectiveness of family planning policies and the effect of unwanted pregnancy on women’s lives. She led the Turnaway Study in the US, and is collaborating with scientists on a Nepal Turnaway Study. Dr. Foster also worked on the evaluation of the California State family planning program, Family PACT, demonstrating the effectiveness of the program in reducing the incidence of unintended pregnancy and the effect of dispensing a one-year supply of contraception. Dr. Foster created a new methodology for estimating pregnancies averted based on a Markov model and a microsimulation to identify the cost-effectiveness of advance provision of emergency contraception.Our host is: Dr. Christina Gessler, co-producer of the Academic Life. She is a historian of women and gender.Listeners to this episode might be interested in: American College of Obstetricians and Gynecologists advocacy webpage  The Turnaway Study: Ten Years, a Thousand Women, and the Consequences of Having or Being Denied an Abortion, by Diana Greene Foster Advancing New Studies in Reproductive Health You’re Doing it Wrong: Mothering, Media, and Medical Expertise by Bethany L. Johnson and Margaret M. Quinlan A discussion of the book You’re Doing it Wrong,  You are smart and capable, but you aren’t an island and neither are we. We reach across our mentor network to bring you podcasts on everything from how to finish that project, to how to take care of your beautiful mind. Wish we’d bring on an expert about something? DM us on Twitter: The Academic Life @AcademicLifeNBN. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Called the “quarterback of the new anti-drug movement,” Kevin Sabet received his Ph.D. in social policy from the University of Oxford and has worked in drug policy for over two decades. He’s served as an advisor for three presidential administrations, Pope Francis and the United Nations, and in 2013 he founded the group he still leads, Smart Approaches to Marijuana, better known as SAM, which opposes cannabis legalization and commercialization. His new book, Smokescreen: What the Marijuana Industry Doesn’t Want You to Know, was released by Forefront Books earlier this year. Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is under contract with the University of Chicago Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mary Wollstonecraft (1759 –1797) was one of the most important moral philosophers and political theorists ever. Her writings on liberty and equality have been embraced by thinkers both in her own day and since her early death. Lionized by feminists and demonized by others as dangerous and a loose woman to boot, Wollstonecraft produced a small but powerful, persuasive corpus.But a major aspect of Wollstonecraft’s thought is far less well known—perhaps because it not about what we all want and assume is our due. True, she was interested in rights. But in her 2021 book, The Rights of Women: Reclaiming a Lost Vision (Notre Dame UP, 2021), Erika Bachiochi shows that Wollstonecraft wrote extensively about duties and responsibilities.Further, unlike advocates of free love in later centuries or the champions of the Sexual Revolution, Wollstonecraft, living as she did in a period when rakes abounded and women died often in childbirth, wrote about chastity and the need for men to behave responsibly and become faithful husbands and loving fathers. Bachiochi expands our understanding of Wollstonecraft and makes her a far more complex thinker than the one-dimensional woman portrayed in feminist lore.Importantly, this book is not only about Wollstonecraft. It also traces how feminism lost touch with the needs of mothers as it became centered on providing as much access to abortion as possible and to equality in the workplace at the expense of a more holistic view of the needs of women of many stripes.Bachiochi makes a convincing case that the relentless focus of influential figures like Ruth Bader Ginsburg on abortion “rights” and advancing the interests of mostly professional women ended up privileging men (and, increasingly, corporations, who prefer workers unencumbered by families) in that abortion and contraception freed men of any need to refrain from irresponsible sexual conduct.Every feminist—every person, really, should read this book because it contrasts the neglected moral vision of Wollstonecraft with the morally compromising Ginsburgian position of predicating the equality of women upon unfettered access to abortion. Bachiochi shows that many women’s rights activists and theoreticians up until very recent decades opposed both contraception and abortion on the grounds that both ultimately ended up devaluing the role of women as mothers and caregivers generally and made becoming pregnant seem careless and not something to be celebrated.A major strength of Bachiochi’s book is her examination of the work of the legal scholar and human rights expert, Mary Ann Glendon. Glendon has magisterially documented how Ginsburg and her compatriots stripped feminism of its previous foci on the ethic of caregiving and the value to society of hearth and home. Glendon points out that much of modern feminism has left women with rights but little else in terms of practical or moral support if they happen to be poor or not, say, Supreme Court Justices.Bachiochi concludes her book with policy prescriptions for a feminism that is more humane and more representative of the needs of all women and not solely career-obsessed ones. Moreover, the book is not just about women but, in the vein of Wollstonecraft herself, about how men and women can work in whatever sphere to create a society where all can flourish and, another important consideration for Wollstonecraft, excel intellectually and morally.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As the foundational text of the Oral Torah in Judaism, the Mishnah is generally analyzed to understand Jewish law and the workings of the halakhic system. But Yakov Nagen, in looking at over two hundred mishnayot, identifies fascinating literary devices employed by the Sages to convey a deeper meaning, even the Mishnah's 'inner spirit.'Join us as we talk with Yakov Nagen about his work, The Soul of the Mishna.Yakov Nagen is a senior rabbi at the Otniel Yeshiva in Israel, where he teaches Talmud, halakha, Jewish thought, and Kabbala. He also serves as director of Ohr Torah Stone’s Beit Midrash for Judaism and Humanity. He received his rabbinical ordination from RIETS at Yeshiva University and holds a PhD in Jewish Philosophy from Hebrew University of Jerusalem. He is also the author of Be, Become, Bless: Jewish Spirituality between East and West(Maggid, 2019).Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus (IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption (IVP Academic, 2020). He can be reached at mmorales@gpts.edu Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The phrase, “state of nature”, has been used over centuries to describe the uncultivated state of lands and animals, nudity, innocence, heaven and hell, interstate relations, and the locus of pre- and supra-political rights, such as the right to resistance, to property, to create and leave polities, and the freedom of religion, speech, and opinion, which may be reactivated or reprioritised when the polity and its laws fail. Combining intellectual history with current concerns, Mark Somos and Anne Peters's book The State of Nature: Histories of an Idea (Brill, 2021) together fourteen essays on the past, present and possible future applications of the legal fiction known as the state of nature.Mark Somos, Ph.D. (2007 Harvard, 2014 Leiden), holds the Deutsche Forschungsgemeinschaft’s Heisenberg position. He wrote Secularisation and the Leiden Circle (Brill, 2011) and American States of Nature: The Origins of Independence, 1761–1775 (Oxford, 2019).Anne Peters, Ph.D. (1994 Freiburg), is Director at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, a Professor at Heidelberg, Freie Universität Berlin, and Basel, and L. Bates Lea Global Law Professor at the University of Michigan.Alexandra Ortolja-Baird is Lecturer in Digital History and Culture at the University of Portsmouth. She tweets at @timetravelallie. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

J.C. Salyer’s Court of Injustice: Law Without Recognition in U.S. Immigration (Stanford UP, 2020) is an important look at the histories and processes of immigration law in the US. The book engages with US immigration policy by both tracing the history of US immigration law in the US and considering contemporary practices. Not just a history of law or assessment of policy, Court of Injustice is ethnographically grounded in New York City immigration courts, as well as the New York Immigrant Family Unity Project (NYIFUP). Salyer’s work shifts in scope—from past to present, from New York City to the whole of the U.S, from theoretical considerations of nation-state sovereignty to individual experiences of immigration law—in a way that masterfully paints a compelling portrait of the US immigration courts. By considering context alongside contemporary practice, Court of Injustice provides a way to think through the threads of migration, geography, and xenophobia alongside arguing for concrete ways the under-resourced US immigration courts could change to provide more just outcomes.Throughout the book, Salyer considers not just the experiences of immigrants with immigration law, but also how immigration lawyers come to understand immigration courts. Additionally, Court of Injustice links past to present, and provides a needed context that clearly demonstrates that contemporary shifts in US immigration law—including those under the Trump administration—are not something new, but part of a long history that includes the Chinese Exclusion Act, the Immigration Reform and Control Act of 1986 (IRCA), and other policies that sought to limit migration to the US and “thicken” the US border. Salyer’s socioeconomic history of immigration courts in the U.S. would be of great interest to a wide readership, from those studying migration academically to non-academic members of the public seeking a more in-depth understanding of U.S. immigration policy.Rine Vieth is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims of belief. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In May 2021, a landmark court order from a district court in the Netherlands ruled that Royal Dutch Shell, one of the largest fossil fuel companies in the world, needs to reduce its CO2 emissions by 45% by 2030.How did a court in the Netherlands pass a ruling on a global company? Does the Paris Agreement hold for transnational private entities like Shell? What does this mean for corporations going forward?In this second episode of our new themed series Survival by Degrees, Andreas Hösli answers these and other questions in the context of his article “Milieudefensie v. Shell: A Tipping Point in Climate Change Litigation against Corporations?”, published by Brill. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

A dramatic, revelatory account of the female inmate firefighters who battle California wildfires for less than a dollar an hour On February 23, 2016, Shawna Lynn Jones stepped into the brush to fight a wildfire that had consumed ten acres of terrain on a steep ridge in Malibu. Jones carried fifty pounds of equipment and a chainsaw to help contain the blaze. As she fired up her saw, the earth gave way under her feet and a rock fell from above and struck her head, knocking her unconscious. A helicopter descended to airlift her out. As it took off, she was handcuffed to the gurney. She was neither a desperate Malibu resident nor a professional firefighter. She was a female inmate firefighter, briefly trained and equipped, and paid one dollar an hour to fight fires while working off her sentence. As California has endured unprecedented wildfires over the past decade, the state has come to rely heavily on its prison population, with imprisoned firefighters making up at least 40 percent of Cal Fire’s on-the-ground fire crews. Of those imprisoned workers, 250 are women. In Breathing Fire: Female Inmate Firefighters on the Front Line of California's Wildfires (MCD, 2021), Jaime Lowe expands on her revelatory work for The New York Times Magazine to follow Jones and her fellow female inmate firefighters before, during, and—if they’re lucky—after incarceration. Lowe takes us into their lives, into the prisons and the women’s decisions to join the controversial program, into the fire camps where they live and train, and onto the front lines, where their brave work is unquestionably heroic—if often thankless. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New Orleans district attorney Jim Garrison's decision to arrest Clay Shaw on March 1, 1967, set off a chain of events that culminated in the only prosecution undertaken in the assassination of John F. Kennedy. In the decades since Garrison captured headlines with this high-profile legal spectacle, historians, conspiracy advocates, and Hollywood directors alike have fixated on how a New Orleans–based assassination conspiracy might have worked. Cruising for Conspirators: How a New Orleans DA Prosecuted the Kennedy Assassination As a Sex Crime (Boundless South, 2021) settles the debate for good, conclusively showing that the Shaw prosecution was not based in fact but was a product of the criminal justice system's long-standing preoccupation with homosexuality.Tapping into the public's willingness to take seriously conspiratorial explanations of the Kennedy assassination, Garrison drew on the copious files the New Orleans police had accumulated as they surveilled, harassed, and arrested increasingly large numbers of gay men in the early 1960s. He blended unfounded accusations with homophobia to produce a salacious story of a New Orleans-based scheme to assassinate JFK that would become a national phenomenon.At once a dramatic courtroom narrative and a deeper meditation on the enduring power of homophobia, Cruising for Conspirators shows how the same dynamics that promoted Garrison's unjust prosecution continue to inform conspiratorial thinking to this day.Alecia P. Long is the John L. Loos and Paul W. and Nancy Murrill Professor and Director of Graduate Studies in the Department of History at Louisiana State University. Her other books include Louisiana: Our History, Our Home; Occupied Women: Gender, Military Occupation and the American Civil War, The Great Southern Babylon: Sex, Race, and Respectability in New Orleans, 1865-1920.She is the recipient of Ford Foundation Grant to sponsor the Listening to Louisiana Women oral history project; the LSU Rainmaker Award; The Julia Cherry Spruill Publication Prize; and the Wilbur Owen Sypherd Prize for the outstanding doctoral dissertation in the Humanities, University of Delaware.Morris Ardoin is author of STONE MOTEL – MEMOIRS OF A CAJUN BOY (2020, University Press of Mississippi), which was optioned for TV/Film development in 2021. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law