New Books in Law

Camilla Fitzsimons is an activist and a member of the Dublin West Pro Choice group. She works at Maynooth University and is the author of Community Education and Neoliberalism. Sinéad Kennedy is the co-founder of The Coalition to Repeal the Eighth and an executive member of Together for Yes. She works at Maynooth University and is the co-editor of The Abortion Papers, Ireland.In this interview Fitzsimons and Kennedy discuss their new book Repealed: Ireland’s Unfinished Fight for Reproductive Rights (Pluto Press, 2021), a celebration and analysis of a 35-year long grassroots movement that successfully overturned the ban on abortion in IrelandIn 1983, the Eighth Amendment to the Irish Constitution created defined legal protections for the “unborn” and led to the Republic of Ireland having one of the strictest abortion regimes in the world, at a time when the rest of western Europe was liberalizing abortion access. In 2018, this constitutional ban that equated the life of a woman to the life of a fertilised embryo was overturned and abortion was finally legalised. This victory for the Irish Repeal movement set the country alight with euphoria. But, for some, the celebrations were short-lived – the new legislation turned out to be one of the most conservative in Europe. People still travel overseas for abortions and services are not yet fully commissioned in Northern Ireland. Repealed traces the history of the origins of the Eighth Amendment, which was drawn up in fear of a tide of liberal reforms across Europe. It draws out the lessons learned from the groundbreaking campaign in 2018, which was the culmination of a 35-year-long reproductive rights movement and an inspiring example of modern grassroots activism. It tells the story of the “Repeal” campaign through the lens of the activists who are still fighting in a movement that is only just beginning.Aidan Beatty is a historian at the Honors College of the University of Pittsburgh Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

In The Jewish World of Alexander Hamilton (Princeton UP, 2021), Andrew Porwancher debunks a string of myths about the origins of this founding father to arrive at a startling conclusion: Hamilton, in all likelihood, was born and raised Jewish. For more than two centuries, his youth in the Caribbean has remained shrouded in mystery. Hamilton himself wanted it that way, and most biographers have simply assumed he had a Christian boyhood. With a detective’s persistence and a historian’s rigor, Porwancher upends that assumption and revolutionizes our understanding of an American icon.This radical reassessment of Hamilton’s religious upbringing gives us a fresh perspective on both his adult years and the country he helped forge. Although he didn’t identify as a Jew in America, Hamilton cultivated a relationship with the Jewish community that made him unique among the founders. As a lawyer, he advocated for Jewish citizens in court. As a financial visionary, he invigorated sectors of the economy that gave Jews their greatest opportunities. As an alumnus of Columbia, he made his alma mater more welcoming to Jewish people. And his efforts are all the more striking given the pernicious antisemitism of the era. In a new nation torn between democratic promises and discriminatory practices, Hamilton fought for a republic in which Jew and Gentile would stand as equals.By setting Hamilton in the context of his Jewish world for the first time, this fascinating book challenges us to rethink the life and legend of America's most enigmatic founder.Amber Nickell is Associate Professor of History at Fort Hays State University, Editor at H-Ukraine, and Host at NBN Jewish Studies and Eastern Europe. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

At the end of the Supreme Court's 2019-20 term, the center was holding. The predictions that the court would move irrevocably to the far right hadn't come to pass, as the justices released surprisingly moderate opinions in cases involving abortion rights, LGBTQ rights, and how local governments could respond to the pandemic, all shepherded by Chief Justice John Roberts. By the end of the 2020-21 term, much about the nation's highest court has changed. The right-wing supermajority had completed its first term on the bench, cementing Donald Trump's legacy on American jurisprudence.This is the story of that term. From the death of Ruth Bader Ginsburg to the rise of Amy Coney Barrett, from the pandemic to the election, from the Trump campaign's legal challenges to the ongoing debate about the role of religion in American life, the Supreme Court has been at the center of many of the biggest events of the year. Throughout Justice on the Brink: The Death of Ruth Bader Ginsburg, the Rise of Amy Coney Barrett, and Twelve Months That Transformed the Supreme Court (Random House, 2021), legendary journalist Linda Greenhouse, who won a Pulitzer Prize for her Supreme Court coverage, gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect.Ultimately, Greenhouse asks a fundamental question relevant to all Americans: Is this still John Roberts's Supreme Court, or does it now belong to Donald Trump?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

Saving the International Justice Regime: Beyond Backlash against International Courts (Cambridge University Press, 2021) is at the forefront of a new conceptualization of backlash politics. Dr. Courtney Hillebrecht brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?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

Uber's April 2016 launch in Buenos Aires plunged the Argentine capital into a frenzied hysteria that engulfed courts of law, taxi drivers, bureaucrats, the press, the general public, and Argentina's president himself. Economist and anthropologist Juan M. del Nido, who had arrived in the city six months earlier to research the taxi industry, suddenly found himself documenting the unprecedented upheaval in real time. Taxis Vs. Uber: Courts, Markets and Technology in Buenos Aires (Stanford UP, 2021) examines the ensuing conflict from the perspective of the city's globalist, culturally liberal middle class, showing how notions like monopoly, efficiency, innovation, competition, and freedom fueled claims that were often exaggerated, inconsistent, unverifiable, or plainly false, but that shaped the experience of the conflict such that taxi drivers' stakes in it were no longer merely disputed but progressively written off, pathologized, and explained away.This first book-length study of the lead-up to and immediate aftermath of the arrival of a major platform economy to a metropolitan capital considers how the clash between Uber and the traditional taxi industry played out in courtrooms, in the press, and on the street. Looking to court cases, the politics of taxi licenses, social media campaigns, telecommunications infrastructure, public protests, and Uber's own promotional materials, del Nido examines the emergence of "post-political reasoning": an increasingly common way in which societies neutralize disagreement, shaping how we understand what we can even legitimately argue about and how.Sneha Annavarapu is Assistant Professor of Urban Studies at Yale-NUS College. To know more about Sneha's work, please visit www.snehanna.com 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 Helga Nowotny about her new book In AI We Trust: Power, Illusion and Control of Predictive Algorithms (Polity, 2021).One of the most persistent concerns about the future is whether it will be dominated by the predictive algorithms of AI - and, if so, what this will mean for our behaviour, for our institutions and for what it means to be human. AI changes our experience of time and the future and challenges our identities, yet we are blinded by its efficiency and fail to understand how it affects us.At the heart of our trust in AI lies a paradox: we leverage AI to increase our control over the future and uncertainty, while at the same time the performativity of AI, the power it has to make us act in the ways it predicts, reduces our agency over the future. This happens when we forget that that we humans have created the digital technologies to which we attribute agency. These developments also challenge the narrative of progress, which played such a central role in modernity and is based on the hubris of total control. We are now moving into an era where this control is limited as AI monitors our actions, posing the threat of surveillance, but also offering the opportunity to reappropriate control and transform it into care.As we try to adjust to a world in which algorithms, robots and avatars play an ever-increasing role, we need to understand better the limitations of AI and how their predictions affect our agency, while at the same time having the courage to embrace the uncertainty of the future.Galina Limorenko is a doctoral candidate in Neuroscience with a focus on biochemistry and molecular biology of neurodegenerative diseases at EPFL in Switzerland. To discuss and propose the book for an interview you can reach her at galina.limorenko@epfl.ch. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Up to Heaven and Down to Hell (Princeton UP, 2021) is a vivid and sometimes heartbreaking account of what happens when one of the most momentous decisions about the well-being of our communities and our planet--whether or not to extract shale gas and oil from the very land beneath our feet--is largely a private choice that millions of ordinary people make without the public's consent.The United States is the only country in the world where property rights commonly extend up to heaven and down to hell, which means that landowners have the exclusive right to lease their subsurface mineral estates to petroleum companies. Colin Jerolmack spent eight months living with rural communities outside of Williamsport as they confronted the tension between property rights and the commonwealth. In this deeply intimate book, he reveals how the decision to lease brings financial rewards but can also cause irreparable harm to neighbors, to communal resources like air and water, and even to oneself.Up to Heaven and Down to Hell casts America's ideas about freedom and property rights in a troubling new light, revealing how your personal choices can undermine your neighbors' liberty, and how the exercise of individual rights can bring unintended environmental consequences for us all.Sebastián Rojas Cabal is a Ph.D. student in the Sociology Department at Princeton University. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Mahatma Gandhi said, “Those who believe religion and politics aren't connected don't understand either.”The relationship between religion and state presents complex challenges to liberal democracies around the world. In this work, Gideon Sapir and David Statman Propose a comprehensive theory about state and religion relations, providing tools to think systematically about questions in this field Use a clear philosophical underpinning for its analysis Offer a detailed case study of the arrangements in Israel which encourages sensitivity to the unique circumstances of different countries State and Religion in Israel: A Philosophical-Legal Inquiry (Cambridge UP, 2019) begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection?Sapir and Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions.Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law (Halakha). The authors test this view by critically examining important topics relevant to state and religion in Israel, such as marriage and divorce, the drafting of yeshiva students into the army, and the character of the Sabbath.Renee Garfinkel, Ph.D. is a psychologist, writer, Middle East television commentator and host of The New Books Network’s Van Leer Jerusalem Series on Ideas. Write her at reneeg@vanleer.org.il Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

Does ‘citizenship’ exist in a socialist or communist context? If it does, what would this mean in the case of Vietnam? To what extent do the Vietnamese state and Vietnamese citizens perceive citizenship differently? And how are those differences negotiated? Why does the wave of recent popular protests in neighbouring countries concern the Vietnamese government? Two lecturers from the University of Passau, Mirjam Le and Franziska Nicolaisen, share and discuss with Linh Phương Lê their findings on these issues.Mirjam Le is a lecturer and PhD researcher in Southeast Asian Studies at the University of Passau, Germany. Her thesis focuses on small town urbanization and the production of urban space in Vietnam. Her research interests involve urbanization and state-society relations in Vietnam, especially processes of self-organization and citizenship.Franziska S. Nicolaisen is a lecturer and research assistant for the chair of Development Economics at the University of Passau in Germany. Her work focuses on sustainable urban mobility in Vietnam. Other research interests include heritage tourism, health governance and social movements in the context of Southeast Asia.This episode is a discussion of their chapter of the same title, published in Vietnam at the Vanguard: New Perspectives Across Time, Space, and Community, edited by Jamie Gillen, Liam Kelley and Phan Le Ha (Springer 2021).Linh Phương Lê is a PhD Researcher at the Institute for Media Studies, KU Leuven University in Belgium. Her work explores the media representation of Vietnamese female migrants to China and Taiwan. A former NIAS-SUPRA scholarship receiver, Linh’s regional focus is on Vietnam and East Asia.The 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

In this episode, Siobhan talks with Warren Eugene Milteer, Jr. about his book North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020). He is an assistant professor of history at the University of North Carolina at Greensboro. His publications include two academic books, Beyond Slavery’s Shadow: Free People of Color in the South (UNC Press, 2021) and North Carolina’s Free People of Color, 1715-1885 (LSU Press, 2020), the independently published Hertford County, North Carolina’s Free People of Color and Their Descendants (2016), as well as articles in the Journal of Social History and the North Carolina Historical Review. Milteer was the recipient of the Historical Society of North Carolina’s R. D. W. Connor Award in 2014 and 2016 for the best journal article in the North Carolina Historical Review.In North Carolina’s Free People of Color, 1715–1885, Warren Eugene Milteer Jr. examines the lives of free persons categorized by their communities as “negroes,” “mulattoes,” “mustees,” “Indians,” “mixed-­bloods,” or simply “free people of color.” From the colonial period through Reconstruction, lawmakers passed legislation that curbed the rights and privileges of these non-enslaved residents, from prohibiting their testimony against whites to barring them from the ballot box. While such laws suggest that most white North Carolinians desired to limit the freedoms and civil liberties enjoyed by free people of color, Milteer reveals that the two groups often interacted—praying together, working the same land, and occasionally sharing households and starting families. Some free people of color also rose to prominence in their communities, becoming successful business people and winning the respect of their white neighbors.Milteer’s innovative study moves beyond depictions of the American South as a region controlled by a strict racial hierarchy. He contends that although North Carolinians frequently sorted themselves into races imbued with legal and social entitlements—with whites placing themselves above persons of color—those efforts regularly clashed with their concurrent recognition of class, gender, kinship, and occupational distinctions. Whites often determined the position of free nonwhites by designating them as either valuable or expendable members of society. In early North Carolina, free people of color of certain statuses enjoyed access to institutions unavailable even to some whites. Prior to 1835, for instance, some free men of color possessed the right to vote while the law disenfranchised all women, white and nonwhite included.North Carolina’s Free People of Color, 1715–1885 demonstrates that conceptions of race were complex and fluid, defying easy characterization. Despite the reductive labels often assigned to them by whites, free people of color in the state emerged from an array of backgrounds, lived widely varied lives, and created distinct cultures—all of which, Milteer suggests, allowed them to adjust to and counter ever­-evolving forms of racial discrimination. Learn more about your ad choices. Visit megaphone.fm/adchoicesSupport our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law