New Books in Law

How does the record industry work? In Getting Signed: Record Contracts, Musicians, and Power in Society (Palgrave Macmillan, 2020), David Arditi, Associate Professor in Sociology and Anthropology at University of Texas at Arlington, analyses the ideology of getting signed and getting a record contract to show the alienating and exploitative effects of the record industry on musicians and the making of music. The book blends ethnographic fieldwork with critical theoretical analysis, looking at a range of issues in music, from the ‘strained solidarity’ of being in a band, the negative impact of competition and competitiveness in the music industry and in society, to longstanding issues about copyright. The book is essential reading across arts, humanities and the social sciences, as well as for anyone interested in music today. Dave O'Brien is Chancellor's Fellow, Cultural and Creative Industries, at the University of Edinburgh's College of Art. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Javier Guerrero's "Narcosubmarines: Outlaw Innovation and Maritime Interdiction in the War on Drugs" (Palgrave MacMillan, 2020) is about the encounters of Colombian drug smugglers and the Colombian Navy, both in the open seas and along coastlines. Guerrero specifically examines the technologies involved in the War on Drugs, such as the narcosubmarines and patrol boats, the knowledge required to transport drugs and the knowledge required to stop the illicit flows. The author presents compelling new evidence for advancing an understanding of technological innovation in antagonist contexts, as well as the symbiotic and co-evolutionary character of the process of technological innovation in the War on Drugs. This book will appeal both to practitioners and scholars interested in the War on Drugs and the production of technologies in outlaw contexts.Geert Slabbekoorn works as an analyst in the field of public security. In addition he has published on different aspects of dark web drug trade in Belgium. Find him on twitter, tweeting all things drug related @GeertJS. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Between the decriminalization of contraception in 1969 and the introduction of the Charter of Rights and Freedoms in 1982, a landmark decade in the struggle for women's rights, public discourse about birth control and family planning was transformed. At the same time, a transnational conversation about the "population bomb" that threatened global famine caused by overpopulation embraced birth control technologies for a different set of reasons, revisiting controversial ideas about eugenics, heredity, and degeneration. In Challenging Choices: Canada's Population Control in the 1970s (McGill-Queen's University Press, 2020), Erika Dyck and Maureen Lux argue that reproductive politics in 1970s Canada were shaped by competing ideologies on global population control, poverty, personal autonomy, race, and gender. For some Canadians the 1970s did not bring about an era of reproductive liberty but instead reinforced traditional power dynamics and paternalistic structures of authority. Dyck and Lux present case studies of four groups of Canadians who were routinely excluded from progressive, reformist discourse: Indigenous women and their communities, those with intellectual and physical disabilities, teenage girls, and men. In different ways, each faced new levels of government regulation, scrutiny, or state intervention as they negotiated their reproductive health, rights, and responsibilities in the so-called era of sexual liberation. While acknowledging the reproductive rights gains that were made in the 1970s, the authors argue that the legal changes affected Canadians differently depending on age, social position, gender, health status, and cultural background. Illustrating the many ways to plan a modern family, these case studies reveal how the relative merits of life and choice were pitted against each other to create a new moral landscape for evaluating classic questions about population control.Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every good story needs a villain, and some of the early chroniclers of the pilgrim and puritan settlements found all they needed for this type of character in Thomas Morton. Peter C. Mancall tells the story in The Trials of Thomas Morton: An Anglican Lawyer, His Puritan Foes, and the Battle for a New England (Yale UP, 2019), in what reads perhaps like a historical legal thriller novel. Most of our knowledge of Morton comes from the records left by his enemies, but Mancall's new research into this enigmatic figure unveils how this unlikely anti-hero can shed tremendous light on alternate possibilities in the contentious early years of the European-Native encounter. Morton's own writings portray a vision of an altogether different kind of indigenous–settler future. Yet Morton's continued antagonism of the Plymouth and Massachusetts Bay colonial governments led to his repeated exile. While he was repudiated by the earliest generations of readers for debauchery and political menace, subsequent generations continue to find in Thomas Morton a countercultural icon in a world dominated by religious dissidents. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2014 and 2015, students at dozens of colleges and universities held protests demanding increased representation of Black and Latino students and calling for a campus climate that was less hostile to students of color. Their activism recalled an earlier era: in the 1960s and 1970s, widespread campus protest by Black and Latino students contributed to the development of affirmative action and open admissions policies. Yet in the decades since, affirmative action has become a magnet for conservative backlash and in many cases has been completely dismantled.In To Fulfill These Rights: Political Struggle Over Affirmative Action and Open Admissions (Columbia University Press, 2019), Amaka Okechukwu offers a historically informed sociological account of the struggles over affirmative action and open admissions in higher education. Through case studies of policy retrenchment at public universities, she documents the protracted―but not always successful―rollback of inclusive policies in the context of shifting race and class politics. To Fulfill These Rights provides a new analysis of the politics of higher education, centering the changing understandings and practices of race and class in the United States.Amaka Okechukwu is an Assistant Professor of sociology at George Mason University.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). Visit him online at ZalmanNewfield.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Despite enormous advances in medical science and public health education over the last century, access to health care remains a dominant issue in American life. U.S. health care is often hailed as the best in the world, yet the public health emergencies of today often echo the public health emergencies of yesterday: consider the Great Influenza Pandemic of 1918–19 and COVID-19, the displacement of the Dust Bowl and the havoc of Hurricane Maria, the Reagan administration’s antipathy toward the AIDS epidemic and the lack of accountability during the water crisis in Flint, Michigan.Spanning the period from the presidency of Woodrow Wilson to that of Donald Trump, American Health Crisis: One Hundred Years of Panic, Planning, and Politics (University of California Press, 2021) illuminates how—despite the elevation of health care as a human right throughout the world—vulnerable communities in the United States continue to be victimized by structural inequalities across disparate geographies, income levels, and ethnic groups. Martin Halliwell views contemporary public health crises through the lens of historical and cultural revisionings, suturing individual events together into a narrative of calamity that has brought us to our current crisis in health politics. American Health Crisis considers the future of public health in the United States and, presenting a reinvigorated concept of health citizenship, argues that now is the moment to act for lasting change.Claire Clark is a medical educator, historian of medicine, and associate professor in the University of Kentucky’s College of Medicine. She teaches and writes about health behavior in historical context. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests. In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question. Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder.Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/. 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

Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order: Why Life Behind Bars Varies Around the World (Oxford UP, 2020), David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The laws that govern psychiatric treatment under coercion have remain largely unchanged since the eighteenth century. But this is not because of their effectiveness, rather, these laws cling to outdated notions of disability, mental illness and mental disorder why deny the fundamental rights of this category of people on an equal basis with all others. In Men in White Coats: Treatment Under Coercion (Oxford University Press, 2017) Professor George Szmukler examines the violation of these rights, such as the right to autonomy, self-determination, liberty, and security and integrity of the person in the context of the domestic laws which themselves perpetuate ongoing discrimination against people with mental impairments.Tracing first the history of the medical coercion and involuntary treatment of people with mental illnesses and mental disorders, Professor Szmukler offers a potential path which he argues would end discrimination against this category of people. He puts forward a legal framework which is non-discriminatory and is based on a person's decision-making abilities and best interests, as opposed to a diagnosis. Crucially, he argues that this law is generic, and would not apply by reason of a person's mental disorder. His solution - Fusion Law - would better support people's autonomy, better engage with the Convention on the Rights of Persons with Disabilities, and have significant social value by recognising the dignity and equality of people with mental health impairments. It would also have implications for the forensics system, in particular, with regards to defendants who have mental disorders. Professor George Szmukler is a psychiatrist who started practising in the field as a trainee in 1972. He retired from clinical work in 2012, and is now an Emeritus Professor of Psychiatry and Society at the Institute of Psychiatry, Psychology and Neuroscience at King's college London. His major research now concerns methods of reducing compulsion and ’coercion’ in psychiatric care, for example, through the use of ’advance statements’. A related interest is mental health law, particularly the possibility of generic legislation centred on impaired decision-making capacity which would apply to all persons, regardless of the cause of the underlying disturbance of mental functioning. 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 his new book Why Should We Obey the Law? (Polity Press, 2018), George Klosko, the Henry L. and Grace Doherty Professor of Politics at the University of Virginia, has provided an introduction to the competing theories behind why people should obey the law. What Klosko refers to as “political obligations” exist in all societies, but he seeks to reveal the different justifications for such obligations in modern liberal democracies and republics. He reviews the reasons behind theories such as consent, consequentialism, and fairness, all of which have specific inadequacies for justifying broad, society-wide political obligations. Klosko also reviews his own preferred theory: multiple-principle theory, which he describes as a common-sensical approach to why we should obey the law.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