New Books in Law

In March 2022 the U.S. government announced its determination that genocide was committed by the Myanmar military against Rohingya communities in Myanmar’s Rakhine State in 2017. What will this mean for the roughly one million Rohingya refugees living in neighboring countries, for Rohingya IDPs in Rakhine, and for post-coup Myanmar? In this episode, part two of a two-part series, Terese Gagnon speaks with Kyaw Zeyar Win about this long-awaited determination and the possible implications for Rohingya both within and outside post-coup Myanmar. Click here to listen to part one of the series covering the securitization of Rohingya and roots of the 2017 genocide.Kyaw Zeyar Win is a Project Coordinator at the International Republican Institute in Washington D.C. He is an expert in international relations and human rights with a focus on Myanmar. He holds a master’s in IR from the Maxwell School of Citizenship and Public Affairs at Syracuse University where he was an Open Society Fellow. He is author of the chapter “Securitization of the Rohingya in Myanmar” from the book Myanmar Transformed? People, Places and Politics. Terese Gagnon is a Postdoctoral Researcher at the University of Copenhagen and the Nordic Institute of Asian studies researching Karen food, seed, and political sovereignty.You might also be interested in these related podcasts: --Karen Sanctuaries Memory, Biodiversity and Political Sovereignty--The Politics of Protest in Myanmar--What Remains: Textiles from Tuol SlengThe 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, and Asianettverket at the University of Oslo.We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.About NIAS: www.nias.ku.dkTranscripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

During the early twentieth century New York State, with its settlement houses, muckraking journalists, labor unions and national political leaders like Theodore Roosevelt, was central to the political ferment of the Progressive Era. And in that time, the New York State Court of Appeals—the state’ highest court--made vitally important decisions on the constitutional legitimacy of laws relating to public health, personal liberty, privacy, the regulation of businesses, working hours for women, and compensation for workers injured on the job.The Court of Appeals, Bruce Dearstyne argues in his new book, was in these years a crucible where new and complex public issues were debated and decided. New York State was large in population (and thus spoke loudly in Congress and the Electoral College) and was at the center of fierce debates over topics such as corporate power, labor rights, public health.In The Crucible of Public Policy: New York Courts in the Progressive Era (SUNY Press, 2022), Dearstyne argues that the court’s pathbreaking decisions in the Progressive Era echo into our own times. Indeed, he concludes, it was second in importance only to the United States Supreme Court.Robert W. Snyder, Manhattan Borough Historian and professor emeritus of American Studies and Journalism at Rutgers University. Email: rwsnyder@rutgers.edu. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Arvind Narrain is a lawyer and writer based in Bangalore. He is visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was a part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018.In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis. In India's Undeclared Emergency: Constitutionalism and the Politics of Resistance (Context, 2021), Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, the Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, he says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like.Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Which rules do we obey and which ones can we find a way around? What distinctions can be drawn between rules, models to be emulated and algorithms. Lorraine Daston has published widely on the history of science, probability, scientific objectivity and observation, and many other such matters, and she has now published Rules: A Short History of What We Live By (Princeton UP, 2022). Listen to her discussion with Owen Bennett Jones about rules. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The political Left has long faced tension regarding its universalistic commitments and those to the nation it inhabits. The dilemma is captured succinctly in the Declaration of the Rights of Man and Citizen that articulated leftist or progressive devotion to both man in the historic collective sense of human beings, as well as to the fellow members of a particular political community at the time of the French Revolution. That older tension persists at the same time that the left has increasingly today become associated with identity politics and such phenomena. So how can the Left square this circle between universalism and its own national community?In this episode of International Horizons, Emmanuel Dalle Mulle and Ivan Serrano authors of “Universalism Within: The Tension between Universalism and Community in Progressive Ideology”, discuss the concept and importance of universalism and how it is closely related to the conception of nation-states, creating a tension of values where the clashes between educated and non-educated translate into right-wing politics. Moreover, they explain the relationship between identity politics and universalism, and how the working class has shifted within politics in Europe and the United States. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of “good character.” By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants: Why Racism Persists in International Migration (Princeton UP, 2022) challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws.In this eye-opening book, Andrew Rosenberg argues that while today’s leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that the former imperial powers and their allies now deem unfit to enter. Rosenberg shows how postcolonial states remain embedded in a Western culture that requires them to continuously perform their statehood, and how the closing and policing of international borders has become an important symbol of sovereignty, one that imposes harsher restrictions on non-White migrants.Drawing on a wealth of original quantitative evidence, Undesirable Immigrants demonstrates that we cannot address the challenges of international migration without coming to terms with the brutal history of colonialism.Andrew Rosenberg is an assistant of political science at the University of Florida. His research examines racial inequality in the international system, the politics of migration, and global inequality. His current projects empirically break down the ideologies that maintain racial inequality in international migration. His research has been published in the American Journal of Political Science, International Studies Quarterly, Political Analysis, and Security Dialogue. He holds a Ph.D. in Political Science from the Ohio State University and is originally from Des Moines, Iowa.Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence.Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly?From Bureaucracy to Bullets: Extreme Domicide and the Right to Home (Rutgers University Press, 2022) by Dr. Bree Akesson & Dr. Andrew Basso answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue. They present a typology of extreme domicide and investigate a number of historical and contemporary case studies: the Mau Mau Uprising in Kenya (1952-1960), domicide in Cyprus (1974), domicide and the Cherokee Trail of Tears (1838-1839), the occupation of Palestine (1945-present), Chechnya’s generations of domicide (1944-2009), domicide in Bosnia (1992-1995), the Syrian War (2011-present), and the Rohingya in Myanmar (2012-present).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

Canadians are proud of their multicultural image both at home and abroad. But that image isn t grounded in historical facts. As recently as the 1960s, the Canadian government enforced discriminatory, anti-Black immigration policies, designed to restrict and prohibit the entry of Black Barbadians and Black West Indians. The Canadian state capitalized on the public s fear of the Black unknown and racist stereotypes to justify their exclusion.In Flying Fish in the Great White North: The Autonomous Migration of Black Barbadians (Fernwood, 2016), Christopher Stuart Taylor utilizes the intersectionality of race, gender and class to challenge the perception that Blacks were simply victims of racist and discriminatory Canadian and international, immigration policies by emphasizing the agency and educational capital of Black Barbadian emigrants during this period. In fact, many Barbadians were middle to upper class and were well educated, and many, particularly women, found autonomous agency and challenged the very Canadian immigration policies designed to exclude them.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. Geetanjali Srikantan's book Identifying and Regulating Religion in India: Law, History and the Place of Worship (Cambridge UP, 2020) investigates the identification and regulation of religion through an intellectual history of law's creation of religion from the colonial to the post-colonial. Moving beyond conventional explanations on the failure of secularism and the secular state, it argues that the impasse in the legal regulation of religion lies in the methodologies and frameworks used by British colonial administrators in identifying and governing religion. Drawing on insights from post-colonial theory and religious studies, it demonstrates the role of secular legal reasoning in the background of Western intellectual history and Christian theology through an illustration of the place of worship. It is a contribution to South Asian legal history and sociolegal studies analysing court archives, colonial narratives and legislative documents.Raj Balkaran is a scholar, online educator, and life coach. For information see rajbalkaran.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creation of the Congo Free State. In King Leopold's Ghostwriter: The Creation of Persons and States in the Nineteenth Century (Princeton UP, 2021), Dr. Andrew Fitzmaurice tells the incredible story of a man who, driven by personal events that transformed him from a reactionary to a reformer, rewrote and liberalised international law—yet did so in service of the most brutal regime of the colonial era.In an elaborate deception, Twiss and Pharaïlde van Lynseele, a Belgian prostitute, sought to reinvent her as a woman of suitably noble birth to be his wife. Their subterfuge collapsed when another former client publicly denounced van Lynseele. Disgraced, Twiss resigned his offices and the couple fled to Switzerland. But this failure set the stage for a second, successful act of re-creation. Twiss found new employment as the intellectual driving force of King Leopold of Belgium’s efforts to have the Congo recognised as a new state under his personal authority. Drawing on extensive new archival research, King Leopold’s Ghostwriter recounts Twiss’s story as never before, including how his creation of a new legal personhood for the Congo was intimately related to the earlier invention of a new legal personhood for his wife.Combining gripping biography and penetrating intellectual history, King Leopold’s Ghostwriter uncovers a dramatic, ambiguous life that has had lasting influence on international law.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