New Books in Law

Dr. Charles Smith performed autopsies at the Hospital for Sick Children in Toronto, ON. The cops kept turning to him with new corpses, and he kept claiming that these deaths were the result of foul play. He was thought of as a God in his field–few people were willing to question his work. That is until a 2008 inquiry, which found evidence of errors in 20 of the 45 autopsies they reviewed. Dr. Smith’s judgements played a role in 13 wrongful convictions. On this episode, we tell one of those stories.—————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.——————-ABOUT THE SHOW——————For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

When it comes to complex social problems, us “sensible” types turn to the experts, but what if they don’t actually know what they’re talking about? That happens to be the case with many forensic experts. Blood spatter, ballistics, hand-writing analysis, fingerprints, etc. They aren’t Gods, they aren’t magicians, they ain’t anything like what you see on CSI. In fact, they get things terribly wrong; and when they do, the consequences can be catastrophic. We’ll reveal the crisis in forensic expertise, and look for ways to fix it, featuring the American lawyer falsely arrested for the 2004 Madrid bombings because of a fingerprint.—————————-SUPPORT THE SHOW—————————-You can support the show for free by following or subscribing on Spotify, Apple Podcasts, or whichever app you use. This is the best way to help us out and it costs nothing so we’d really appreciate you clicking that button.If you want to do a little more we would love it if you chip in. You can find us on patreon.com/dartsandletters. Patrons get content early, and occasionally there’s bonus material on there too.——————-ABOUT THE SHOW——————For a full list of credits, contact information, and more, visit our about page. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice (Cambridge UP, 2013), which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. This podcast will review both the first edition of the Encyclopedia of Transitional Justice and preview the second edition, forthcoming in March 2023. We explore new country entries, an expanded scope of formal and informal transitional justice and accountability mechanisms, and a broader range of civil society groups, informal organizations, national and international actors engaged in global transitional justice processes. Dr. Stan provides some comments on the evolution of the field of transitional justice over the past 25 years, hinting at some of the legal and normative shifts in the future.  Cynthia M. Horne is a Professor of Political Science at Western Washington University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In the 1960s and 1970s, the exposure of Big Tobacco’s aggressive lobbying and internal efforts to obscure science showcasing the harmful effects of smoking changed U.S. public opinion of the industry and of product safety protocols, both of which had largely obscured these harms from public view for decades. Public awareness grew, triggering regulation on disclosure related to political influencing strategies, marketing tactics, and transparency regarding the devastating toll of tobacco products on many communities, including and especially children. As similar approaches to assessing the public health impacts of Big Oil and Big Pharma, among other industries, have gained traction in recent decades, Dr. Mélissa Mialon’s new book, Big Food & Co (Thierry Souccar Editions, 2021), adds the amalgamation of multinationals and transnational supply chains that make up Big Food, to that list.Rising health inequities across race, class, and geography are subtle, yet central themes throughout Dr. Mialon’s meticulous accounting of a complex puzzle in which the marketing and distribution strategies of soft drink companies and ultra-processed food manufacturers are quietly but steadily ushering in a new globalized era of related public health crises – measured by increasing rates of of diabetes, cancers, and heart disease, etc– a crisis that has long been felt in the United States.Whether branding t-shirts and games at summer camps in France for underprivileged children or blanketing entire streets in Mauritius with the unmistakable bright red and white flag of Coca-Cola, Dr. Mialon describes a taxonomy of commercial determinants of health common to nearly every example – whether multinational food companies’ policy advocacy in Colombia, public-private partnerships in Brazil, or culturally responsive branding for holidays in Southern Africa.Between academic research and investigative journalism, the survey of trends in Big Food’s operation, marketing, and regulatory capture, offered throughout the book are additionally grounds for laying out a policy roadmap with public health indicators at the center of a wide range of potential reforms including campaign finance and heightened disclosure protocols for public-private partnerships to mitigating conflicts of interest in scientific studies related to food, agriculture, and health, among many others.Dr. Mélissa Mialon is Associate Professor at Trinity College Dublin, in Ireland. She is a food engineer with a PhD in nutrition and co-coordinates the « Governance, Ethics and Conflicts of Interest in Public Health » (GECI-PH) network, based out of the American University of Beirut in Lebanon. Her research focuses on commercial determinants of health, and particularly on the practices used by corporations to influence public health policy, research and practice.Anna Levy researches and teaches on emergency, crisis, and development practice & politics at Fordham & New York Universities. She is the founder and principal of Jafsadi.works, a research collective focused on advancing structural and participatory accountability in non-profit, movement, multilateral, city, and policy strategies. You can follow her @politicoyuntura. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Adrienne Buller (The Value of a Whale) and Mathew Lawrence (Planet on Fire) have penned a radical manifesto for the transformation of post-pandemic politics: Owning the Future: Power and Property in an Age of Crisis (Verso, 2022).The question of ownership is the critical fault line of our times. During the pandemic this issue has only become more divisive. Since March 2020 we have witnessed the extraordinary growth of asset manager capitalism and the explosive concentration of wealth within the hands of the already super-rich. This new oligarchy controls every part of our social and economics lives. In the face of crisis, the authors warn that mere redistribution within current forms of ownership is not enough; our goal must be to go beyond the limits of the current system, dominated by private enclosure and unequal ownership. Only by reimagining how our economy is owned and by whom can we address the crises of our time - from the fallout of the pandemic to ecological collapse - at their roots. Building from this insight, the authors argue the systemic change we need hinges on a new era of democratic ownership: a reinvention of the firm as a vehicle for collective endeavour and meeting social needs. Against the new oligarchy of the platform giants, a digital commons that uses our data for collective good, not private profit. In place of environmental devastation, a new agenda of decommodification - of both nature and needs - with a Green New Deal and collective stewardship of the planet’s natural wealth. Together, these proposals offer a road map to owning the future, and building a better world.Adrienne Buller is Director of Research at the UK-based think tank Common Wealth. Mathew Lawrence is Common Wealth's founder and director.Brian Hamilton is Chair of the Department of History and Social Science at Deerfield Academy. Twitter. Website.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Today’s Postscript (a special series that allows scholars to comment on pressing contemporary issues) focuses on the US Supreme Court and the Second Amendment. It is hard to exaggerate the extent to which the most recent term of the U.S. Supreme Court changed the substance of the laws Americans live by and the method by which the Court determines whether a law is unconstitutional. The Court upended 50 years of abortion jurisprudence, challenged laws that govern tribal sovereignty, and undercut the power of Congress to make and implement laws regarding climate change. The abortion ruling in Dobbs v. Jackson consumed much of the press coverage and public outrage but our podcast conversation focuses New York State Rifle & Pistol Association v. Bruen. The Supreme Court not only overturned a century-old statute regulating the concealed carrying of guns in public – it changed the rules for determining what is or is not protected by the US Constitution under the Second Amendment. The podcast engages the relationship between state gun policy and this new originalist methodology, the origins of so-called originalism in the 1980s, the role of secondary scholarship, Duke Center for Firearms Law searchable database’s role in providing evidence for legal claims, and whether analogical reasoning (or politics) have triumphed at the SCOTUS – and how to teach that to law students.Joseph Blocher, Lanty L. Smith ’67 Professor of Law at Duke University School of Law and one of the attorneys who helped write the brief for the District of C in Heller. He co-authored The Positive Second Amendment: Rights, Regulation, and the Future of Heller (Cambridge University Press, 2018) with Darrell Miller and his numerous influential law review articles are complemented by nuanced public facing scholarship.Andrew Willinger is the Executive Director of the Duke Center for Firearms Law at Duke University Law School – and now writes commentary for the Center’s Second Thoughts blog. He joined the Center in June 2022, after practicing as a litigation associate at Patterson Belknap Webb & Tyler in New York. At Patterson, Willinger litigated complex commercial disputes and false advertising and defamation cases. He previously clerked for Judge William L. Osteen, Jr. of the Middle District of North Carolina.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

Beyond Exclusion: Intersections of Ethnicity, Sex, and Society Under English Law in Medieval Ireland (Brepols, 2022) offers a fresh look at the legal status of minorities in English Ireland. Through a detailed analysis of case studies gleaned from medieval court rolls, Stephen Hewer challenges the prevailing narrative of wholesale ethnic discrimination and presents a nuanced picture of intersectional identities, strategies of negotiation, and evolving tensions between legal principle and practice.The notion that all Gaelic peoples were immediately and ipso facto denied access to the English royal courts in Ireland, upon the advent of the English in 1167, has become so accepted in academic and popular histories of Ireland that it is no longer questioned. This book tackles this narrative of absolute ethnic discrimination in thirteenth- and early fourteenth-century English Ireland on the basis of a thorough re-examination of the Irish plea rolls. A forensic study of these records reveals a great deal of variation in how members of various ethnic groups and women who came before the royal courts in Ireland were treated. Specifically, it demonstrates the existence of a large, and hitherto scarcely noticed, population of Gaels with regular and unimpeded access to English law, identifiable as Gaelic either through explicit ethnic labelling in the records or implicitly through their naming practices.Dr. Margaret Smith is a historian of medieval Ireland and Research Assistant Professor of Digital Humanities in the IRIS Center at Southern Illinois University, Edwardsville. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

How do competing interests shape public policy? Why are the economic interests and priorities of lower-, working-, and middle-class Americans often neglected while the interests and priorities of wealthier Americans are often front and center for the U.S. Congress? Previous work in political science has highlighted income disparity or the importance of agenda setting but Hijacking the Agenda: Economic Power and Political Influence (Russell Sage Foundation, 2021) unpacks HOW business interests and wealthy individuals shape public policy to their benefit by “hijacking the agenda” away from the interests of average Americans. Witko, Morgan, Kelly, and Enns focus on the speech of elected representatives as recorded in the Congressional Record. Their remarkable Congressional Rhetoric Database codes speech from 1995 to 2016. Using an integrated, multi-method research design, they conclude that the interplay between two types of power – structural and kinetic – give wealthy interests considerable influence over the issues that receive congressional attention and explaining these patterns of issue attention over time is crucial for understanding disparate policy outcomes. In addition to a sophisticated quantitative analysis, the book provides three astute case studies (financial deregulation, re-regulation, and the minimum wage) and a general theory of politics and economic power. Hijacking the Agenda details how money – especially in the form of campaign contributions – affects which economic problems Congress believes to be important – and acts upon. Hijacking the Agenda is winner of the 2022 Gladys M. Kammerer Award from the American Political Science Association.Dr. Christopher Witko is professor of public policy and associate director of the School of Public Policy at Penn State, Drs. Jana Morgan and Nathan J. Kelly are professors of political science at the University of Tennessee, and Dr. Peter K. Enns is professor of public policy and political science at Cornell University.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

It began with a smoke break. James Monsees and Adam Bowen were two ambitious graduate students at Stanford, and in between puffs after class they dreamed of a way to quit smoking. Their solution became the Juul, a sleek, modern device that could vaporize nicotine into a conveniently potent dosage. The company they built around that device, Juul Labs, would go on to become a $38 billion dollar company and draw blame for addicting a whole new generation of underage tobacco users.Time magazine reporter Jamie Ducharme follows Monsees and Bowen as they create Juul and, in the process, go from public health visionaries and Silicon Valley wunderkinds to two of the most controversial businessmen in the country.With rigorous reporting and clear-eyed prose that reads like a nonfiction thriller, Big Vape: The Incendiary Rise of Juul (Henry Holt, 2021) uses the dramatic rise of Juul to tell a larger story of big business, Big Tobacco, and the high cost of a product that was too good to be true.Jamie Ducharme is a correspondent at Time magazine, where she covers health and science.Caleb Zakarin is the Assistant Editor of the New Books Network (Twitter: @caleb_zakarin). Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us.In Who Decides?: States As Laboratories of Constitutional Experimentation (Oxford UP, 2021), the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book.An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions.William Domnarski is a longtime lawyer who before and during has been a literary guy, with a Ph.D. in English. He's written five books on judges, lawyers, and courts, two with Oxford, one with Illinois, one with Michigan, and one with the American Bar Association. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law