New Books in Law

Jo Guldi tells the story of a global struggle to bring food, water, and shelter to all. Land is shown to be a central motor of politics in the twentieth century: the basis of movements for giving reparations to formerly colonized people, protests to limit the rent paid by urban tenants, intellectual battles among development analysts, and the capture of land by squatters taking matters into their own hands. The book describes the results of state-engineered “land reform” policies beginning in Ireland in 1881 until U.S.-led interests and the World Bank effectively killed them off in 1974.The Long Land War: The Global Struggle for Occupancy Rights (Yale UP, 2022) provides a definitive narrative of land redistribution alongside an unflinching critique of its failures, set against the background of the rise and fall of nationalism, communism, internationalism, information technology, and free-market economics. In considering how we could make the earth livable for all, she works out the important relationship between property ownership and justice on a changing planet.Jo Guldi is associate professor of history at Southern Methodist University, where she teaches courses on the history of Britain, the British Empire, modern development policy, and property law. She is the author of Roads to Power: Britain Invents the Infrastructure State and (with David Armitage) The History Manifesto and lives in Richardson, Texas. Twitter. Website.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

Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!: Why Data Security Law Fails and How to Improve It (Oxford UP, 2022), Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more.Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

It’s no secret that the United States has the most expansive prison system of any nation in the world. And the US carceral system overwhelmingly and unjustly impacts Black and Brown individuals and communities. With postwar efforts to dismantle Jim Crow policies, our era of mass incarceration reproduced the old logics of white supremacism that uphold racist capitalism in this new setting. These are the things we know.But in his book, Silent Cells: The Secret Drugging of Captive America (U Minnesota Press, 2019), Professor Anthony Hatch observes a feature of mass incarceration essential to its everyday function that many of us had never considered: the large-scale, persistent use of psychotropic drugs, including antipsychotics and antidepressants, not for medical care but rather to control the behavior of incarcerated people. Making a persuasive claim drawn from his training in STS and sociology, Hatch observes how the drugs are used at the level of individual brain chemistry to commit “soul murder” with enormous systemic implications and political stakes. What’s more, the carceral elites’ use of psychotropic drugs for the purposes of pacification, not care, of their wards extends to other (often state-backed) settings of “captive America,” including the military, foster care, elder care, and international detention centers. “Is it possible for the US carceral state to exist without psychotropics,” Hatch asks. “I think we can say the answer is no.”Silent Cells accomplishes more than the (important) tasks of documentation and analysis. It is a work of liberatory social science. The book is of a piece with Hatch’s abolitionist agenda that he pursues through his generous and generative scholarly and activist engagements, including his work as director of the Black Box teaching laboratory and chair of the Program in Science in Society at Wesleyan University.This interview was a collaborative effort among Professor Laura Stark and students at Vanderbilt University in the course “Prison.” Please email Laura with any feedback on the interview or questions about the collaborative interview process: laura.stark@vanderbilt.edu . Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

The attacks of 9/11 changed the course of the global counter-terrorism order which has entrenched a system of global governance. This institutional creep is arguably eroding national borders, spheres of domestic governance, human rights, and seeps into the daily lives of ordinary citizens in largely unforeseen aspects. Perhaps just as alarming, there is limited accountability on the part of either international institutions, state or private actors of who are instigators in this ever-expansive transnational counter-terror framework. In this conversation, Professor Fiona de Londras and I discuss these and other issues in her latest book, The Practice and Problems of Transnational Counter-Terrorism, published by Cambridge University Press in 2022. This is serious stuff, which is relevant to international lawyers, constitutional law experts, human rights activists and anyone who is concerned about the implications of the expanding sphere of the institution of transnational counter-terrorism and how it impacts the day to day lives of every person. Professor Fiona de Londras is the Chair of Global Legal Studies at the University of Birmingham Law School, at The University of Birmingham. Her research concerns constitutionalism, human rights, transnationalism, reproductive rights (especially abortion law), and the development and domestic impacts of the European Convention on Human Rights. Her work has been funded by the European Commission, the British Academy, the Joseph Rowntree Charitable Trust, and the Leverhulme Trust. In 2017 she was awarded the Philip Leverhulme Prize in law, awarded to recognise the achievement of outstanding researchers whose work has already attracted international recognition and whose future career is exceptionally promising. Listen here to a previous interview for the New Books Network with Professor de Londras and Associate Professor Cora Chan on their edited volume, China's National Security: Endangering Hong Kong's Rule of Law? 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

Race is the subject of passionate and increasingly angry debate. But amidst all the talk of unconscious bias it’s an area into which many fear to tread. In this podcast Professor McWhorter of Colombia University outlines his sometimes controversial views on these issues and explains why he wants to debate them in public. His latest book is Woke Racism: How a New Religion Has Betrayed Black America (Portfolio, 2021).Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

NB: This interview contains explicit language.In Banning Transgender Conversion Practices: A Legal and Policy Analysis (U British Columbia Press, 2022), bioethicist and jurist Florence Ashley historicizes recent developments in bans on transgender conversion practices, explains the legal implications of various conversion therapy bans, and argues for implementation that comes alongside education and action by professional orders. This book would be of great interest to sociolegal scholars, policymakers, those working in healthcare, and scholars simply seeking to further understand the enactment of bans on transgender conversion practices.Survivors of conversion practices – interventions meant to stop gender transition – have likened the process to torture. Ashley rethinks and pushes forward the banning of these practices by surveying these bans in different jurisdictions, and addressing key issues around their legal regulation. Ashley also investigates the advantages and disadvantages of legislative approaches to regulating conversion therapies, and provides guidance for how prohibitions can be improved. Finally, Ashley offers a carefully annotated model law that provides detailed guidance for legislatures and policymakers. Most importantly, this book centres the experiences of trans people themselves in its analysis and recommendations. Florence Ashley can be found on Twitter (https://twitter.com/ButNotTheC...), with their extensive publications available on their website (https://www.florenceashley.com...).Rine Vieth (https://rinevieth.carrd.co/) is a PhD candidate in Anthropology at McGill University, where they research the how UK asylum tribunals consider claims on the basis of belief. Their public writing focuses on issues of migration governance, as well as how inaccessibility and transphobia can shape the practice of anthropological research. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Although the era of the Enlightenment witnessed the rise of philosophical debates around benevolent social practice, the origins of European humane discourse date further back, to Classical Athens. The Ancient Greek Roots of Human Rights (U Texas Press, 2021) analyzes the parallel confluences of cultural factors facing ancient Greeks and eighteenth-century Europeans that facilitated the creation and transmission of humane values across history. Rachel Hall Sternberg argues that precursors to the concept of human rights exist in the ancient articulation of emotion, though the ancient Greeks, much like eighteenth-century European societies, often failed to live up to those values.Merging the history of ideas with cultural history, Sternberg examines literary themes upholding empathy and human dignity from Thucydides’s and Xenophon’s histories to Voltaire’s Candide, and from Greek tragic drama to the eighteenth-century novel. She describes shared impacts of the trauma of war, the appeal to reason, and the public acceptance of emotion that encouraged the birth and rebirth of humane values.Rachel Hall Sternberg is an associate professor of classics and history at Case Western Reserve University. She is the author of Tragedy Offstage: Suffering and Sympathy in Ancient Athens and editor of Pity and Power in Ancient Athens.Jackson Reinhardt is a graduate of University of Southern California and Vanderbilt University. He is currently an independent scholar, freelance writer, and research assistant. You can reach Jackson at jtreinhardt1997@gmail.com and follow him on Twitter @JTRhardt Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

“Human rights in public policy are constructed by diplomats and politicians in an international legislative process, not discovered amongst the clouds of metaphysics.” In "Advanced Introduction to the Politics of International Human Rights (Edward Elgar, 2021), David P. Forsythe, general editor of the Oxford Encyclopedia of Human Rights (5 vol.) and pioneer of the field of human rights and international relations studies distills insights gained over his long career about the progress and challenges of the human rights enterprise in a world that remains structured by a life-and-death competition between territorial states.A self-defined “liberal realist” Forsythe believes that “individuals can make a difference in constructing a world sympathetic to human rights – up to a point”. In this slim volume, he stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery.Nicholas Bequelin is a human rights practitioner with a PhD in history and a scholarly bent. He has worked about 20 years for Human Rights Watch and Amnesty International, most recently as Regional director for Asia. He’s currently a Visiting Scholar and Lecturer at Yale Law School. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Drawing upon twenty-five years of experience rep­resenting Black youth in Washington, D.C.'s juve­nile courts, Kristin Henning confronts America's irrational, manufactured fears of these young peo­ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children.Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of rac­ism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White Amer­ica and are denied healthy adolescent development. She examines the criminalization of Black adoles­cent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents.Especially in the wake of the recent unprece­dented, worldwide outrage at racial injustice and inequality, The Rage of Innocence: How America Criminalizes Black Youth (Pantheon Books, 2021) is an essential book for our moment.Donations to the Georgetown Law Juvenile Justice Clinic and Initiative can be made here. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

China has the reputation for being a strong security state. After the pro-democracy Tiananmen protests, the Chinese government moved to increase stability maintenance – and that approach is reflected in today’s suppression of social unrest in Xinjiang where somewhere between 800,000-2 million members of the Uighur minority have been interned in camps. Throughout the country, the government has maintained stability by installing millions of cameras. The Chinese and International press emphasize these actions – projecting a view of China as a strong security state. But Suzanne E. Scoggins argues that the decision to prioritize stability maintenance comes at the expense of everyday policing. In remarkable interviews with police officers and analysis of policing journal articles she assesses resource allocation, police reforms, and structural patterns of control – to find a weak police force unable to protect citizens against violent crime. Policing China: Street-Level Cops in the Shadow of Protest (Cornell UP, 2021) provides a surprising – and more accurate – understanding of how the police function in China – how they can be so ineffective at everyday crime management while still being very good at stability maintenance. The podcast includes a remarkable conversation about how research access in China is changing – as well as the role of the National Committee on US-China Relations.Dr. Suzanne E. Scoggins is an Assistant Professor of Political Science and Director of Asian Studies at Clark University. She is also a Public Intellectuals Program Fellow at The National Committee on United States-China Relations. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law