New Books in 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

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

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

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

With a focus on the court diversion of disabled people, Disability, Criminal Justice and Law: Reconsidering Court Diversion (Routledge 2020) undertakes a theoretical and empirical examination of how law is complicit in debilitating disabled people. In our post-institutionalisation era, diversion of disabled people from the court process is often assumed to be humane, therapeutic and socially just. However, in this work, Dr. Linda Steele draws on Foucauldian theory of biopolitics, critical legal and political theory, and critical disability theory to show that court diversion perpetuates oppression against disabled people. She shows how criminal law and mental health systems are complicit in the coercion and control of disabled bodies, of whom may not even be convicted. The normative function of court diversion is to reinforce boundaries which are at the core of jurisdiction, legal personhood and sovereignty. Steele critiques the United Nations Convention on the Rights of Persons with Disabilities to show that it does not deal with the complexities of court diversion, suggesting that the CRPD is of limited use in its abilities to challenge carceral control and legal and settler colonial violence. Dr. Linda Steele is a Senior Lecturer in Law at the University of Technology, Sydney. She researches the intersections of disability, law and social justice. Prior to a career in academia, Dr. Steele was a solicitor with the Intellectual Disability Rights Service.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

The Malleability of Memory is based on an in-depth filmed conversation between Howard Burton and Elizabeth Loftus, a world-renowned expert on human memory and Distinguished Professor of Psychological Science; Criminology, Law, and Society; Cognitive Science and Law at UC Irvine. This extensive conversation covers her ground-breaking work on the misinformation effect, false memories and her battles with “repressed memory” advocates, the introduction of expert memory testimony into legal proceedings and the effect of DNA evidence on convincing judges of the problematic nature of eyewitness testimony.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

There's a lot of hype about robots; some of it is scary and some of it utopian. In this accessible book, two robotics experts reveal the truth about what robots can and can't do, how they work, and what we can reasonably expect their future capabilities to be. It will not only make you think differently about the capabilities of robots; it will make you think differently about the capabilities of humans.Ruth Aylett and Patricia Vargas discuss the history of our fascination with robots—from chatbots and prosthetics to autonomous cars and robot swarms. They show us the ways in which robots outperform humans and the ways they fall woefully short of our superior talents. They explain how robots see, feel, hear, think, and learn; describe how robots can cooperate; and consider robots as pets, butlers, and companions. Finally, they look at robots that raise ethical and social issues: killer robots, sexbots, and robots that might be gunning for your job. Living with Robots: What Every Anxious Human Needs to Know (MIT Press, 2021) equips readers to look at robots concretely—as human-made artifacts rather than placeholders for our anxieties.Find out: •Why robots can swim and fly but find it difficult to walk •Which robot features are inspired by animals and insects•Why we develop feelings for robots •Which human abilities are hard for robots to emulate. Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Robinson Woodward-Burns is the author of Hidden Laws: How the State Constitutions Stabilize American Politics, published by Yale University Press in 2021. Hidden Laws explores the relationship between both state and national constitutional development, debates, and reform. A sprawling study of American constitutional history, Woodward-Burns’s book shows how the federal government often deferred to state constitutional reform as a mechanism for dealing with national constitutional controversies. From banking to slavery, women’s suffrage to welfare, Woodward-Burns explores the myriad of ways constitutional controversies were debated and resolved in the United States.Woodward-Burns is an Assistant Professor at Howard University.Derek Litvak is a PhD candidate at the University of Maryland—College Park. His dissertation, "The Specter of Black Citizens: Race, Slavery, and Citizenship in the Early United States," examines how citizenship was used to both bolster the institution of slavery and exclude Black Americans from the body politic. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

As governments and corporations mine our “entrenched culture of sharing” to invade privacy (down to Target creating an algorithm to figure out which shoppers are in the 2nd trimester of pregnancy) what happens to democracy? Can democracy survive with no (or very little privacy)? What if the citizenry cares little about privacy and or is unwilling to protect it? If surveillance is here to stay what are the prospects for individual autonomy? citizenship? democratic discussion and deliberation? Life after Privacy: Reclaiming Democracy in a Surveillance Society (Cambridge UP, 2020) argues that we should not focus on protecting individual privacy; privacy is NOT “our best hope” for ensuring a “democratic future.” Instead, we should channel Hannah Arendt and focus on the public realm and how it supports political freedom.Dr. Firmin DeBrabander is a Professor of Philosophy at Maryland Institute College of Art and the author of two previous books: Do Guns Make Us Free?: Democracy and the Armed Society (Yale University Press, 2015), and Spinoza and the Stoics: Power, Politics and the Passions (Bloomsbury Press, 2007). He writes social and political commentary for the New York Times, Washington Post, LA Times, Chicago Tribune, Boston Globe, Baltimore Sun, Salon, The Atlantic and The New Republic.Daniella Campos assisted with this podcast.Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law