New Books in Law

Sexual violence is a significant problem within many Western militaries. Despite international attention to the issue and global #MeToo and #TimesUp movements highlighting the impact of sexual violence, rates of sexual violence are going up in many militaries. Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence (Cambridge University Press, 2023) by Dr. Megan MacKenzie uses feminist theories of 'rape culture' and institutional gaslighting to identify the key stories, myths, and misconceptions about military sexual violence that have obstructed addressing and preventing it.The book is a landmark study that considers nearly thirty years of media coverage of military sexual violence in three case countries – the US, Canada and Australia. Dr. MacKenzie’s findings have implications not only for those seeking to address, reduce, and prevent sexual violence in militaries, but also for those hoping to understanding rape culture and how patriarchy operates more broadly. It will appeal to students, scholars and general readers interested in gender, feminism and the military.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Our lives are in countless ways defined by our citizenship. The country we belong to affects our rights, our travel possibilities, and ultimately our chances in life. Obtaining a new citizenship is rarely easy. But for those with the means—billionaires like Peter Thiel and Jho Low, but also countless unknown multimillionaires—it’s just a question of price.As discussed in The Golden Passport: Global Mobility for Millionaires (Harvard University Press, 2023) more than a dozen countries, many of them small islands in the Mediterranean, Caribbean, and South Pacific, sell citizenship to 50,000 people annually. Through six years of fieldwork on four continents, Dr. Kristin Surak discovered how the initially dubious sale of passports has transformed into a full-blown citizenship industry that thrives on global inequalities. Some “investor citizens” hope to parlay their new passport into visa-free travel—or use it as a stepping stone to residence in countries like the United States. Other buyers take out a new citizenship as an insurance policy or to escape state control at home. Almost none, though, intend to move to their selected country and live among their new compatriots, whose relationship with these global elites is complex.A groundbreaking study of a contentious practice that has become popular among the nouveaux riches, The Golden Passport takes readers from the details of the application process to the geopolitical hydraulics of the citizenship industry. It’s a business that thrives on uncertainty and imbalances of power between big, globalized economies and tiny states desperate for investment. In between are the fascinating stories of buyers, brokers, and sellers, all ready to profit from the citizenship trade.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence (NYU Press, 2023) by Dr. Diana Rickard examines how serialized crime shows became an American obsession.TV shows and podcasts like Making a Murderer, Serial, and Atlanta Monster have taken the cultural zeitgeist by storm, and contributed to the release of wrongly imprisoned people—such as Adnan Syed. The popularity of these long-form true crime docuseries has sparked greater attention to issues of inequality, power, social class, and structural racism. More and more, the American public is asking, Who is and is not deserving of punishment, and who is and is not protected by the law? In The New True Crime, Dr. Rickard argues that these new true crime series deserve our attention for what they reveal about our societal understanding of crime and punishment, and for the new light they shine on the inequalities of the criminal justice system. Questioning the finality of verdicts, framing facts as in the eye of the beholder—these new series unmoor our faith in what is knowable, even as, Rickard critically notes, they often blur the lines between “fact” and “fiction.”With a focus on some of the most popular true crime podcasts and streaming series of the last decade, Dr. Rickard provides an in-depth analysis of the ways in which this new media—which allows for binge-listening or watching—makes crime into a public spectacle and conveys ideological messages about punishment to its audience. Entertainment values have always been entwined with crime news reporting. Newsworthy stories, Rickard reminds us, need to involve sex, violence, or a famous person, and contain events that can be framed in terms of individualism and conservative ideologies about crime. Even as these old tropes of innocent victims and deviant bad guys still dominate these docuseries, Dr. Rickard also unpacks how the new true crime has been influenced by the innocence movement, a diverse group of organizers and activists, be they journalists, lawyers, formerly incarcerated people, or family members, who now have a place in mainstream consciousness as DNA evidence exonerates the wrongly convicted.This interview was conducted by Dr. Miranda Melcher whose doctoral work focused on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Recall This Book first heard from the sociologist of American racism David Cunningham in Episode 36 Policing and White Power. Less than a week after the horrors of January 6th, 2021, he came back for this conversation about “asymmetrical policing” of the political right and left–and of White and Black Americans. His very first book (There’s Something Happening Here, 2004) studied the contrast between the FBI’s work in the 1960’s to wipe out left-wing and Black protests and its efforts to control and tame right-wing and white supremacist movements. That gives him a valuable perspective on the run-up to January 6th–and what may happen next.Mentioned in the Episode David Cunningham collaborated on this article about the “common pattern of underestimating the threat from right-wing extremists.” Ulster Defence Association Kathleen Belew, Bring the War Home: The White Power Movement and Paramilitary America Ulster Defence Association Timothy McVeigh and the Oklahoma City Bombing: FBI perspective and reported book Two of the “after-action” reports on Charlottesville that David discusses are: “Independent Review of the 2017 Protest Events in Charlottesville, Virginia” (Hunton and Williams 2017) “Virginia’s Response to the Unite the Right Rally: After-Action Review” (International Association of Chiefs of Police, December 2017) Lessons Charlottesville (should have) taught us: “Prohibiting Private Armies at Public Rallies” (Georgetown Law School, Institute for Constitutional Advocacy and protection, September 2020). Listen and Read Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Valentina Capurri's book Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities (U Toronto Press, 2020) investigates the development of Canadian immigration policy with respect to persons with a disease or disability throughout the twentieth century. With an emphasis on social history, this book examines the way the state operates through legislation to achieve its goals of self-preservation even when such legislation contradicts state commitments to equality rights.Looking at the ways federal politicians, mainstream media, and the judicial system have perceived persons with disabilities, specifically immigrant applicants with disabilities, this book reveals how Canadian immigration policy has systematically omitted any reference to this group, rendering them socially invisible.Shu Wan is currently matriculated as a doctoral student in history at the University at Buffalo. As a digital and disability historian, he serves in the editorial team of Digital Humanities Quarterly and Nursing Clio. On Twitter: @slissw. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today I talked to David B. Wong about his book Moral Relativism and Pluralism (Cambridge UP, 2023).The argument for metaethical relativism--the view that there is no single true or most justified morality--is that it is part of the best explanation of the most difficult moral disagreements. The argument for this view features a comparison between traditions that highly value relationship and community and traditions that highly value personal autonomy of the individual and rights. It is held that moralities are best understood as emerging from human culture in response to the need to promote and regulate interpersonal cooperation and internal motivational coherence in the individual. The argument ends in the conclusion that there is a bounded plurality of true and most justified moralities that accomplish these functions. The normative implications of this form of metaethical relativism are explored, with specific focus on female genital cutting and abortion.You can find out more about Prof. David Wong's works here.The book is open-access and can be freely downloaded here.Jessica Zu is an intellectual historian and a scholar of Buddhist studies. She is an assistant professor of religion at the University of Southern California. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Children of all ages are abused in every country in the world, by members of every society, culture, religion, and socio-economic class. About 120 million children under twenty, or one child in ten, report sexual abuse.We often blame children for their own abuse instead of holding the perpetrators responsible for their crimes. When perpetrators are prosecuted, punishments are rarely severe. Remarkably, we sometimes justify child sex abuse, or even facilitate it, allowing it to continue, not only in hidden places, but even in the open. Beverley Chalmers' book Child Sex Abuse: Power, Profit, Perversion (Grosvenor House, 2022) exposes the stunning extent of child sex abuse in today's world. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.Anthony B. Sanders' book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters (U Michigan Press, 2023) is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Bookshop.org is an online book retailer that donates more than 80% of its profits to independent bookstores. Launched in 2020, Bookshop.org has already raised more than $27,000,000. In this interview, Andy Hunter, founder and CEO discusses his journey to creating one of the most revolutionary new organizations in the book world. Bookshop has found a way to retain the convenience of online book shopping while also supporting independent bookstores that are the backbones of many local communities. Andy Hunter is CEO and Founder of Bookshop.org. He also co-created Literary Hub.Caleb Zakarin is the Assistant Editor of the New Books Network. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In 2019, nearly two-thirds of domestic violence homicides in the United States were committed with a gun. On average, three women are killed by a current or former partner every day in the United States. Between 1980 and 2014, more than half of women killed by intimate partners were killed with guns. Domestic violence affects children, friends, neighbors, peace officers, the abusers themselves, and society as a whole. This fall, the United States Supreme Court will hear a Second Amendment case (United States v. Rahimi) that may affect whether Congress or state legislatures may pass laws to mitigate domestic violence. To unpack what we know about the effect of firearms on intimate partner violence, Postscript brings you two nationally recognized experts on public health and firearms and an attorney who helped assembled an amicus brief for the Supreme Court.Dr. Shannon Frattoroli, PhD, MPH, is Professor at the Johns Hopkins Bloomberg School of Public Health. She is affiliated with the Johns Hopkins Center for Gun Violence Solutions. Her scholarship focuses on how to translate evidence about injury and violence prevention into policies and practices that create safe places for people to thrive. She is a leader on both research and practice efforts to implement firearm dispossession, provisions of domestic violence restraining orders, and the new extreme risk protection order laws (often called “red flag laws”). Policy creation and implementation are crucial components of her research.Dr. April M. Zeoli, PhD, MPH is Associate Professor of Health Management at the University of Michigan's School of Public Health and also the Policy Core Director at their Institute for Firearm Injury Prevention. Her research focuses on the impact of state-level firearm safety laws on interpersonal firearm violence. She studies domestic violence-related firearm restrictions, such as laws that require or allow firearm restrictions on domestic violence restraining orders. She has particular interest in outcomes (for example reductions in violence, including suicide and intimate partner homicide) and how local implementation affects these outcomes. She is dedicated to using science to create and enforce policy that reduces firearm violence. Kelly Roskam, JD, is the Director of Law and Policy at the Johns Hopkins Center for Gun Violence Solutions. She studies the constitutional implications of, advocates for, and works to improve the implementation of firearms laws. She served as the Legal Director of the Educational Fund to Stop Gun Violence and has published on gun violence restraining orders, most recently work highlighting the practical implications of the Rahimi case (e.g., she co-authored “A Texas Judge Is Using Originalism to Justify Arming Domestic Abusers” with her colleague at Johns Hopkins, Spencer Cantrell and Natalie Nanasi at SMU-Dedman).Susan Liebell is a 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