New Books in Law

In Child Sexual Abuse Inquiries and the Catholic Church: Reassessing the Evidence (Firenze UP, 2021), Dr Miller analyses empirical findings, methodologies and conclusions of the three main national inquiries (Irish, US, Australian) into child sexual abuse in the Catholic Church, and Church responses. Contrasts are drawn with overall media reporting of the problem, such as when abuse peaked, and current safe-guarding and its effectiveness in curbing child sexual abuse.Topics discussed include changing societal norms, cases like Cardinal Pell, church and public attitudes.Virginia Miller (PhD) is a research fellow with the Centre for Public and Contextual Theology, Charles Sturt University, Canberra. Her research work includes church-focused policy research into sexual abuse of children, elder abuse, euthanasia, and religious freedom. Her other books include A King and a Fool? The Succession Narrative as a Satire (Brill)Bede Haines is a solicitor, specialising in litigation and a partner at Holding Redlich, an Australian commercial law firm. He lives in Sydney, Australia. Known to read books, ride bikes and eat cereal (often). bede.haines@holdingredlich.com Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Public disenchantment with and distrust of American government is at an all-time high and who can blame them?In the face of widespread challenges--everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more--the government seems paralyzed and unable to act, the most recent example being Covid-19. It's the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering.Jeanne Sheehan's book American Democracy in Crisis: The Case for Rethinking Madisonian Government (Palgrave Macmillian, 2021) explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers "upstream," stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them.To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive.Jeanne Sheehan is a Carol S. Russett Award winning Professor of Political Science and International Studies at Iona College School of Arts & Science. She is also Bloomberg News Political Contributor and the author of several books and articlesKirk Meighoo is Public Relations Officer for the United National Congress, the Official Opposition in Trinidad and Tobago. His career has spanned media, academia, and politics for three decades. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What does citizenship—an institution that has historically linked identity to place—mean in an age of globalization? This is the question that Atossa Araxia Abrahamian investigates in her planet-sprawling book The Cosmopolites: The Coming of the Global Citizen (Columbia Global Reports, 2015). One way Abrahamian answers that question is by examining elites shopping for passports in a global marketplace. But the question also pulls her deep into a grim passports-in-bulk scheme that offloaded stateless people in the oil-rich Persian Gulf to an impoverished island-state off the coast of East Africa (not every cosmopolite was so by choice). Abrahamian also finds an answer in the various ways activists have chipped away at the exclusions of citizenship and have striven for a more egalitarian, connected world.The Cosmopolites is an astute inquiry into how the rules of the interstate system—the assignment of citizenship by place of birth; border regimes that restrict the movement of people—produce strange, sometimes Kafkaesque realities and how different actors have tried to bend those rules. And Abrahamian, a journalist and senior editor at The Nation whose beat is truly global, is well-suited for this endeavor. We talk about the book, her case for studying small states as a way to understanding the world order, and her methodology. I hope you enjoy our interview!Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

What is image-based abuse? Why has it been on the rise in Asia, especially amid the Covid-19 pandemic? What has been done to tackle the issue? Raquel Carvalho, Asia Correspondent for the South China Morning Post, shares the story of how a group of journalists across some Asian newsrooms collaborated in a months-long investigation and uncover the stories inside the online groups spreading stolen sexual images of women and children, how the victims are struggling to have such content removed from online platforms, and how sextortion syndicates in Asia and Africa are raking in millions from targets around the world.In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, the Portuguese journalist currently based in Hong Kong tells about why the cases of women threatened with the release of their intimate photos or videos have increased in recent years, how this type of abuse tears the victims’ lives apart, and how ill-equipped authorities are struggling to deal with the cases. Advocates and survivors say too little is being done to stop the abuse. While the cases proliferated in countries such as Singapore, Malaysia, and South Korea, some women – and a few men – have decided to take action.The SCMP’s series of stories on image-based abuse is supported by the Judith Neilson Institute’s Asian Stories project, in collaboration with The Korea Times, Indonesia’s Tempo magazine, the Philippine Center for Investigative Journalism, and Manila-based ABS-CBN. Most of Raquel Carvalho’s investigative and in-depth stories have been focused on human rights, cross-border security, illicit trade and corruption. She was previously the chief reporter at a Portuguese daily newspaper in Macau, where she moved to from Europe in 2008.The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University.We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcastAbout NIAS: www.nias.ku.dk Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Gender, and regulations of and discourses on it, have historically been a cornerstone of the conservative Christian belief system. The stance of the Catholic Church on feminism, for instance, has often been criticized for being reductive and exclusionary. As Christianity has exerted a profound influence on the government and principles of the United States from the time of its founding, in this modern age, it is natural to examine the extent of its influence on LGBTQ-related, and particularly trans-related legislation.In the fourth episode of our themed series Across the Rainbow, Dr. SJ Crasnow, Assistant Professor of Religious Studies at Rockhurst University, Kansas City, and author of the article “The Legacy of ‘Gender Ideology.” Dr. Crasnow talks to us about the current state of anti-trans legislation in the U.S., and the role played by conservative Christianity in shaping it. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Wild Souls: Freedom and Flourishing in the Non-Human World (Bloomsbury Publishing, 2021), Emma Marris wrestles with big ethical questions facing the conservation field. Emma takes us through several experiences that informed the book, exposing us to relevant on-the-ground decisions impacting the life or death of animals. When the interests of individual animals conflict with the goals of biodiversity preservation, is it okay to kill? Are any animals truly wild now that humans have directly altered so much of their habitat? How do we balance the rights of introduced species with those already established within an ecosystem? To start engaging these, and other questions, Emma takes us through a needed crash course in ethics, specifically environmental ethics. Much like her previous work, we are exposed to new ways of thinking about old problems. Listening in will not disappoint. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Few revolutions in economics have been as under-covered in general literature as the emergence and development of competition theory and policymaking.Political threats to break up the tech giants or restrain Russian gas pipelines make the headlines while academic lawyers churn out textbooks on 130 years of precedent and practicing lawyers test its limits.What has been missing is an up-to-date, general legislative and intellectual history of how and why politicians, lawyers, and economists in capitalist democracies decided they needed to step in and correct the market. Why did this happen first in the US in that crucial quarter-century preceding the first world war?The Foundations of Antitrust: Events, Ideas, and Doctrines by Gregory Werden (Carolina Academic Press, 2020) fills that gap, examines the overlaps between legal innovation and common law, and busts a few myths en route.From 1977 until his retirement in 2019, Gregory Werden worked in the Antitrust Division of the US Department of Justice – most recently as Senior Economic Counsel. A PhD economist from the University of Wisconsin, he has published extensively on antitrust policy.*The author's own book recommendation is Trusts: The Recent Combinations in Trade, Their Character, Legality and Mode of Organization, and the Rights, Duties and Liabilities of Their Managers and Certificate Holders by William W Cook (Gale - Making of Modern Law, 2020; originally published by L. K. Strouse, 1888)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

Obligations: New Trajectories in Law (Routledge, 2021) critically analyses the role that obligations play in law and social ordering. As rights have become preeminent feature in modern societies, the work that obligations do has faded into the background. However, in his latest book, Professor Scott Veitch challenges the normative assumptions that shape law and social practices, and shows how obligations and practices of obedience are core to sustaining the inequalities faced by members of the global community. In doing so, Veitch explores the potential and enduring role that obligations have in furthering individual and collective well-being. He offers an alternative trajectory for the current crises faced by all citizens today, including environmental degradation and human inequality and injustice. This is an important book. It will allow the reader to rethink the dominant model of human rights, and enable understandings of alternative complementary trajectories of obligations. An understanding of the universalism of obligations and the asymmetries and obediences that obligations create has the potential to better prioritise human and environmental needs, common goods, and solidarity. Professor Scott Veitch is the Paul K C Chung Professor in Jurisprudence in the Department of Law at the University of Hong Kong. He was educated in Scotland and has worked at universities in Australia and the United Kingdom, and was formerly Professor of Jurisprudence at the University of Glasgow. He has held visiting academic positions in South Africa, New Zealand, Belgium, France and the Basque country. His area of research is jurisprudence broadly defined, and his work draws on historical, philosophical and sociological insights into law and legal institutions. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite, or perhaps because of, the fact that an enormous proportion of medical care worldwide is provided under the auspices of religious organizations, there has been a sustained and systematic campaign to drive out those with religious worldviews from the field of bioethics and indeed, from medicine itself. Obviously, this constitutes blatant discrimination against patients, the unborn, the elderly and the otherwise vulnerable and their families and faith-oriented medical providers and religiously-oriented bioethicists. But more importantly, the loss of a theological sensibility among scholars and providers and the consequent diminishment of fellow feeling for patients whose lives are suffused with religiosity is stripping away the foundations of compassion that religion has provided medicine since both entered the human scene.That is the thrust of the 2021 book, Losing Our Dignity: How Secularized Medicine is Undermining Fundamental Human Equality (New City Press, 2021) by the bioethicist and theologian Charles C. Camosy.The book sounds several alarms. Camosy shows in the book that the increased secularization of the field of bioethics has led it, ironically enough, to become less humane and less protective of the dignity of the least among us. And he tells us something that will be hard for many of us to hear—most of us may face years of life with dementia or caring for someone with it. Camosy argues, therefore, that now is not the time for bioethics to exclude from its deliberations and scholarship and impact on public policy religious people for whom the equality of all human beings is both sacred and a part of everyday life. We do so at our peril, for all of us will experience some sort of illness or disability and will need the protection of laws and policies crafted by those with a commitment to the idea of the worth of all human beings, even those seemingly brain dead as well as the unborn.Indeed, one of the greatest strengths of the book is the way Camosy explains with reader-friendly clarity the differences between brain death and what was once called, chillingly, persistent vegetative state (PVS). He also examines the difference in matters of bioethics of the terms “human being” and “person” and why drawing a distinction between the two can lead to gross injustice and inhumanity, no matter how meretriciously clever notable members of the “person” school of philosophers are—think Peter Singer, one of the thinkers discussed in the book.The book brings all of these arcane matters home by examining in-depth the heartrending stories of Jahi McMath, Terri Schiavo, and Alfie Evans and the legal battles that often rendered the parents of all of them powerless in the face of a secularized or racially-biased medicolegal system that was at times openly and brutally anti-religious.This book is even more important to read as the current pandemic has highlighted the substandard care that has existed for decades in long-term care facilities and the unnecessary deaths among nursing home patients in many states during the pandemic era.We can do better and be better people than this, says Camosy. Let’s hear how he says that can be.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

Improving Human Rights is based on an in-depth, filmed conversation between Howard Burton and Emilie Hafner-Burton, the John D. and Catherine T. MacArthur Professor of International Justice and Human Rights at UC San Diego and co-director of the Laboratory on International Law and Regulation at the School. This extensive conversation covers topics such international law, when and why international laws work and don’t work, the international human rights system and concrete measures that could be taken to improve it, the International Criminal Court, and the role of states in the protection of human rights.Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law