New Books in Law

In Probability and Forensic Evidence: Theory, Philosophy, and Applications (Cambridge UP, 2021), Ronald Meester and Klaas Slooten address the role of statistics and probability in the evaluation of forensic evidence, including both theoretical issues and applications in legal contexts. It discusses what evidence is and how it can be quantified, how it should be understood, and how it is applied (and, sometimes misapplied).Ronald Meester is Professor in probability theory at the Vrije Universiteit Amsterdam. He is co-author of the books Continuum Percolation (1996), A Natural Introduction to Probability Theory (2003), Random Networks for Communication (2008), and has written around 120 research papers on topics including percolation theory, ergodic theory, philosophy of science, and forensic probability.Klaas Slooten works as Statistician at the Netherlands Forensic Institute and at the Vrije Universiteit Amsterdam where he is Professor by special appointment. He as published around 30 articles on forensic probability and statistics. He is interested in the mathematical, legal, and philosophical evaluation of evidence.Marc Goulet is Professor in mathematics and Associate Dean in the College of Arts and Sciences at the University of Wisconsin-Eau Claire. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

On the morning of Thursday 29 June 1682, a magpie came rasping, rapping and tapping at the window of a prosperous Devon merchant. Frightened by its appearance, his servants and members of his family had, within a matter of hours, convinced themselves that the bird was an emissary of the devil sent by witches to destroy the fabric of their lives. As the result of these allegations, three women of Bideford came to be forever defined as witches. A Secretary of State brushed aside their case and condemned them to the gallows; to hang as the last group of women to be executed in England for the crime. Yet, the hatred of their neighbours endured. For Bideford, it was said, was a place of witches.Though 'pretty much worn away' the belief in witchcraft still lingered on for more than a century after their deaths. In turn, ignored, reviled, and extinguished but never more than half-forgotten, it seems that the memory of these three women - and of their deeds and sufferings, both real and imagined – was transformed from canker to regret, and from regret into celebration in our own age. Indeed, their example was cited during the final Parliamentary debates, in 1951, that saw the last of the witchcraft acts repealed, and their names were chanted, as both inspiration and incantation, by the women beyond the wire at Greenham Common.In The Last Witches of England: A Tragedy of Sorcery and Superstition (Bloomsbury, 2021), Dr. John Callow explores this remarkable reversal of fate, and the remarkable tale of the Bideford Witches.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

Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don't know: Until Thomas went to law school, he was a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In The Enigma of Clarence Thomas (Metropolitan Books, 2019), Corey Robin--one of the foremost analysts of the right--delves deeply into both Thomas's biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas's conservative views, Robin argues, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by this racism, and that the most African-Americans can hope for is that white people will get out of their way. There's a reason, Robin concludes, why liberals often complain that Thomas doesn't speak but seldom pay attention when he does. Were they to listen, they'd hear a racial pessimism that sounds shockingly similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today's political stalemate.Corey Robin is Distinguished Professor of Political Science at Brooklyn College and the CUNY Graduate Center.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

The Lebanese state is structured through religious freedom and secular power sharing across sectarian groups. Every sect has specific laws that govern kinship matters like marriage or inheritance. Together with criminal and civil laws, these laws regulate and produce political difference. But whether women or men, Muslims or Christians, queer or straight, all people in Lebanon have one thing in common—they are biopolitical subjects forged through bureaucratic, ideological, and legal techniques of the state.With this book, Maya Mikdashi offers a new way to understand state power, theorizing how sex, sexuality, and sect shape and are shaped by law, secularism, and sovereignty. Drawing on court archives, public records, and ethnography of the Court of Cassation, the highest civil court in Lebanon, Mikdashi shows how political difference is entangled with religious, secular, and sexual difference. She presents state power as inevitably contingent, like the practices of everyday life it engenders, focusing on the regulation of religious conversion, the curation of legal archives, state and parastatal violence, and secular activism. Sextarianism: Sovereignty, Secularism, and the State in Lebanon (Stanford UP, 2022) locates state power in the experiences, transitions, uprisings, and violence that people in the Middle East continue to live.Maya Mikdashi is Associate Professor of Women's, Gender, and Sexuality Studies, and a Lecturer in the Middle East Studies Program at Rutgers University.Alize Arıcan is an anthropologist whose research focuses on urban renewal, futurity, care, and migration in Istanbul, Turkey. Her work has been featured in Current Anthropology, City & Society, JOTSA, Radical Housing Journal, and entanglements. You can find her on Twitter @alizearican Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a basic confusion about what is happening and the historical backstory that brought us to this moment.The true effects of populism, a shrinking middle class, and concentrated financial wealth are only just beginning to manifest themselves under the current administrations. The lessons of Stoller's study will only grow more relevant as time passes. "An engaging call to arms," (Kirkus Reviews) Stoller illustrates here in rich detail how we arrived at this tenuous moment, and the steps we must take to create a new democracy.Matt Stoller is the Director of Research at the American Economic Liberties Project.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

Dr. Lisa Ford, Professor of History at the University of New South Wales, is the author of prize-winning monographs and a luminary in the field of global legal history. Her new book The King’s Peace: Law and Order in the British Empire (Harvard University Press, 2021) traces how a different kind of British empire emerged out of the global Age of Revolutions. The book’s case studies span the globe, illuminating how the gradual but unrelenting imposition of crown rule across the empire corroded the rights of British subjects, altered their relationship with sovereign power, and laid the foundations of the modern police state. In tracing the dramatic growth of colonial executive power and the increasing deployment of arbitrary policing and military violence, The King’s Peace offers important lessons on peacekeeping, sovereignty, and political subjectivity—lessons that can enrich contemporary debates over the imbalance between liberty and security.Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Every government agency in the United States, from Homeland Security to Departments of Motor Vehicles, has the authority to make its own rules for sex classification. Many transgender people find themselves in the bizarre situation of having different sex classifications on different documents. Whether you can change your legal sex to “F” or “M” (or more recently “X”) depends on what state you live in, what jurisdiction you were born in, and what government agency you’re dealing with. In Sex Is as Sex Does, noted transgender advocate and scholar Paisley Currah explores this deeply flawed system, showing why it fails transgender and non-binary people.Providing examples from different states, government agencies, and court cases, Prof. Currah explains how transgender people struggle to navigate this confusing and contradictory web of legal rules, definitions, and classifications. Unlike most gender scholars, who are concerned with what the concepts of sex and gender really mean, Prof. Currah is more interested in what the category of “sex” does for governments. What does “sex” do on our driver’s licenses, in how we play sports, in how we access health care, or in the bathroom we use? Why do prisons have very different rules than social service agencies? Why is there such resistance to people changing their sex designation? Or to dropping it from identity documents altogether?In this thought-provoking and original volume, Sex Is as Sex Does: Governing Transgender Identity (NYU Press, 2022) reveals the hidden logics that have governed sex classification policies in the United States and shows what the regulation of transgender identity can tell us about society’s approach to sex and gender writ large. Ultimately, Paisley Currah demonstrates that, because the difficulties transgender people face are not just the result of transphobia but also stem from larger injustices, an identity-based transgender rights movement will not, by itself, be up to the task of resolving them.Paisley Currah is Professor of Political Science and Women’s & Gender Studies at Brooklyn College and the Graduate Center of the City University of New York.  Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The International Association of Genocide Scholars is a global, interdisciplinary, non-partisan organization that seeks to further research and teaching about the nature, causes, and consequences of genocide, and advance policy studies on genocide prevention. The Association, founded in 1994, meets regularly to consider comparative research, important new work, case studies, the links between genocide and other human rights violations, and prevention and punishment of genocide. The Association holds biennial conferences and co-publishes the scholarly journal Genocide Studies and Prevention.Melanie O’Brien is Associate Professor of International Law at the UWA Law School, University of Western Australia. Dr. O'Brien's work on forced marriage has been cited by the International Criminal Court, and she has been an amicus curiae before the ICC. She has been an expert consultant for multiple UN bodies, and is widely consulted by global media for her expertise on international criminal law. She has conducted fieldwork and research across six continents.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

The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the Act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South. During the civil rights movement, it enabled the protection of black students who attended previously segregated educational institutions. Most recently, the Insurrection Act has been the vehicle for presidents to call upon federal troops to suppress so-called “race riots” like those in Los Angeles in 1992, and for them to threaten to do so in other cases of racial justice activism. Yet when the US Capitol was stormed in January 2021, the impulse to restore law and order and counter insurrectionary threats to the republic lay dormant.Allan’s distinctly literary voice underscores her paradigm-shifting reflections on the presence of fear and silence in history and their shadowy impact on the law. Throughout, she draws revealing insight from her own experiences as one of the only black girls in her leafy Long Island suburb, as a black lawyer at a predominantly white firm during a visit from presidential candidate Barack Obama, and as a thinker about the use and misuse of appeals to law and order.Elegant and profound, deeply researched and intensely felt, Insurrection: Rebellion, Civil Rights, and the Paradoxical State of Black Citizenship (Norton, 2022) is necessary reading in our reckoning with structural racism, government power, and protest in the United States.Brittney Edmonds is an Assistant Professor of Afro-American Studies at UW-Madison. I specialize in 20th and 21st century African American Literature and Culture with a special interest in Black Humor Studies. Read more about my work at brittneymichelleedmonds.com. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Freedom is often considered the cornerstone of the American political project. The 1776 revolutionaries declared it an inalienable right that could neither be taken nor granted, a sacred concept upon which the nation was established. The concept and actualization of freedom are also to be defended by the state. However, when such a concept has been arrogated, litigated, and delegitimized by a state that ignores its very definition, the concept of freedom comes under critical examination. Political theorist Elisabeth R. Anker, Associate Professor of American Studies and Political Science at George Washington University, has a new book dissecting the core of this conception of freedom. Ugly Freedom (Duke UP, 2022) explores who defined and continues to define freedom, she also examines freedom’s rhetorical capacity, and thus its potential for weaponization. Anker illuminates how the tainted gestation of freedom birthed a status quo based on the individualistic and conditional conception of ‘freedom’ that has long been tangoing with white supremacy, colonialism, climate destruction, capitalism, and exploitation. Such a dance is by design and has been constant throughout U.S. history.Anker establishes that for democratic government to take hold in the United States, racial domination and violence transpired, limiting the freedoms of some individuals in order to establish a governmental system that is based, in theory, on protecting liberty and freedom. This is the kind of tension that Anker explains as “ugly freedom.” Thus, American freedom, our freedom, has embedded in it the role of colonialism, imperialism, enslavement, and land theft. The shocking stains of slavery produced freedom of prosperity and leisure for white people through direct dehumanization of Black and Brown people—this is what Anker is talking about within the concept of ugly freedom. This has also been manifested through more contemporary rhetoric regarding imperial wars like those in the Philippines, Vietnam, Afghanistan, and Iraq, destroying infrastructure and lives in those countries for the capital prosperity of the imperial core. These ugly freedoms legitimize the economic exploitation of the masses in the name of individual success for the few. Thus, ugly freedom examines the acts of freedom that rely on violence and brutality—this challenges how we often imagine freedom to be. Ugly Freedom explores the connection between politics and aesthetics as well, taking up an array of historical events, political theories and concepts, different forms of art, televisual productions, poetry, music, and biology to illustrate the compounding violence of the few in the name of freedom. The cultural artifacts interrogated were controversial in their own right, and Anker explores them to help understand which kinds of freedom are worth fighting for and which kinds of freedom must be fought against. Through a critical lens, Anker shifts the perception of freedom to help restore justice to its foundational value—one that is less dependent on the individual or individual heroics, and more enveloping of the community and shared collaboration.Emma R. Handschke assisted in the production of this podcast.Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law