New Books in Law

Latest Episodes:

David Scott, "For Abolition: Essays on Prisons and Socialist Ethics" (Waterside Press, 2020) Jul 20, 2021

Show notes

According to Jonathan Swift (1667-1745) 'Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.' Connecting the politics of abolition to wider emancipatory struggles for liberation and social justice, David Scott's book For Abolition: Essays on Prisons and Socialist Ethics (Waterside Press, 2020) argues that penal abolitionism should be understood as an important public critical pedagogy and philosophy of hope that can help to reinvigorate democracy and set society on a pathway towards living in a world without prisons. For Abolition draws upon the socialist ethics of dignity, empathy, freedom and paradigm of life to systematically critique imprisonment as a state institution characterised by 'social death'.

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Megan D. McFarlane, "Militarized Maternity: Experiencing Pregnancy in the U. S. Armed Forces" (U California Press, 2021) Jul 19, 2021

Show notes

The rights of pregnant workers as well as (the lack of) paid maternity leave have increasingly become topics of a major policy debate in the United States. Yet, few discussions have focused on the U.S. military, where many of the latest policy changes focus on these very issues. Despite the armed forces' increases to maternity-related benefits, servicewomen continue to be stigmatized for being pregnant and taking advantage of maternity policies. In Militarized Maternity: Experiencing Pregnancy in the U.S. Armed Forces (U California Press, 2021) , Megan McFarlane analyzes military documents and conducts interviews with enlisted servicewomen and female officers. She finds a policy/culture disparity within the military that pregnant servicewomen themselves often co-construct, making the policy changes significantly less effective. McFarlane ends by offering suggestions for how these policy changes can have more impact and how they could potentially serve as an example for the broader societal debate.

Dr. Megan McFarlane is an Assistant Professor at Marymount University. Her most recent research centers on women’s reproductive health care policies, with a particular focus on maternity (pre-pregnancy, pregnancy, and postpartum).

Lee Pierce (they & she) is Assistant Professor of Rhetorical Communication at SUNY Geneseo and host of the podcast RhetoricLee Speaking. Connect with Lee on Twitter, Instagram, and Gmail @rhetoriclee

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Mallory E. SoRelle, "Democracy Declined: The Failed Politics of Consumer Financial Protection" (U Chicago Press, 2020) Jul 19, 2021

Show notes

Americans rely on credit to provide for their food, clothing, shelter, transportation, and other daily necessities and the 2008 financial crisis demonstrated how they relied on private financial institutions that encouraged risky lending practices. Yet federal policy makers did little to change their approach to curbing risky lending practices and there was little political response from consumers or consumer groups. How can political scientists explain the behavior of government actors, interest groups, or borrowers?

In Democracy Declined: The Failed Politics of Consumer Financial Protection (U Chicago Press, 2020), Dr. SoRelle insists that the expansion of consumer financing -- in terms of access and economic significance -- is fundamentally a political issue with serious political and economic consequences. She offers a policy-centered explanation sensitive to what she calls regulatory feedback effects that shape the behavior of bureaucrats, consumer advocates, and ordinary Americans. Individuals did not fail – they responded to systemic incentives and goals. SoRelle explains how angry borrowers' experiences with nearly invisible government policies teach them to focus their attention primarily on banks and lenders instead of demanding that lawmakers address predatory behavior. As a result, advocacy groups have been mostly unsuccessful in mobilizing borrowers in support of stronger consumer financial protections. The absence of safeguards on consumer financing is particularly dangerous because the consequences extend well beyond harm to individuals--they threaten the stability of entire economies. In addition to explaining the political dynamics of failure, SoRelle identifies possible remedies. This multi-method scholarship contributes to our understanding of policy feedback in an important and timely case study.

Dr. Mallory E. SoRelle is an assistant professor at the Sanford School of Public Policy at Duke University. Her research interrogates how public policies are produced by, and how they reproduce, socioeconomic and political inequality in the United States. She has worked in both electoral politics and consumer advocacy. The podcast drops the week of the 10th anniversary of the Consumer Financial Protection Bureau.

Susan Liebell is an associate professor of political science at Saint Joseph’s University in Philadelphia. Why Diehard Originalists Aren’t Really Originalists appeared in the Washington Post’s Monkey Cage and “Sensitive Places: Originalism, Gender, and the Myth Self-Defense in District of Columbia v. Heller” can be found in July 2021’s Polity. Email her comments at sliebell@sju.edu or tweet to @SusanLiebell.

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China's New Data Security Law and Cyber Sovereignty with Rogier Creemers Jul 16, 2021

Show notes

What is China's new vision for regulating cyberspace? What does its new Data Security Law intend to do? Is China's Personal Information Protection Law comparable to Europe’s GDPR? What are the ramifications of China's plan to become a major global cyberpower in other parts of the world? In a conversation with Joanne Kuai, a visiting PhD Candidate at the Nordic Institute of Asian Studies, Rogier Creemers, an Assistant Professor in Modern Chinese Studies at Leiden University, discusses China's latest laws and policies in the digital space and China's plans to become a global AI leader.

Creemers says China’s new Data Security Law is innovative and unique as it potentially covers every piece of data in the country. He explains that personal information protection in China's legal context concerns more about confidentiality rather than privacy. He observes how China's regulations targeting tech platforms share significant similarities with the ones in the EU. As China and Europe come to a convergence in terms of what is happening in the digital space, a previous notorious term, "cyber sovereignty", is gaining popularity.

Rogier Creemers has a background in Sinology and a PhD in Law. His research focuses on Chinese domestic digital technology policy, as well as China's growing importance in global digital affairs. He is the principal investigator of the NWO Vidi Project "The Smart State: Big Data, Artificial Intelligence and the Law in China". For the Leiden Asia Centre, he directs a project on China and global cybersecurity, funded by the Dutch Ministry of Foreign Affairs. He is also a co-founder of DigiChina, a joint initiative with Stanford University and New America.

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, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University.

We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.

Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast

About NIAS: www.nias.ku.dk

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Ken Ellingwood, "First to Fall: Elijah Lovejoy and the Fight for a Free Press in the Age of Slavery" (Pegasus Books, 2021) Jul 16, 2021

Show notes

In First to Fall: Elijah Lovejoy and the Fight for a Free Press in the Age of Slavery (Pegasus Books, 2021), Ken Ellingwood takes readers back to the first true test of the First Amendment's guarantees of free speech and a free press through the story of abolitionist newspaper editor Elijah Lovejoy. The story unfolds during the 1830s, a period known for legal efforts to silence the abolitionist movement by states across the South and violent mobs who picked up that charge when the government could not. Lovejoy pushed back against both of those forces and ultimately succumbed to them, becoming a martyr for the abolitionist movement and a wakeup call about how essential a free press was to a free country and a thriving democracy in America.

Lovejoy's story is worth revisiting now at time when attacks against journalists are again on the rise and the press is considered by some to be the "enemy of the people." Ellingwood does a wonderful job of capturing it in this book and bringing this important time in American history to light.

Ken Ellingwood is an award-winning journalist, Ken Ellingwood has been posted in the San Diego, Mexico City, Jerusalem, and Atlanta bureaus of the Los Angeles Times. He is the author of the critically acclaimed (and prescient) work of investigative journalism Hard Line: Life and Death on the U.S.-Mexico Border. He currently lives in Abu Dhabi.

Jenna Spinelle is an instructor in the Donald P. Bellisario College of Communications at Penn State and host of the Democracy Works podcast.

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Karma R. Chávez, "The Borders of AIDS: Race, Quarantine, and Resistance" (U Washington Press, 2021) Jul 16, 2021

Show notes

As soon as US media and politicians became aware of AIDS in the early 1980s, fingers were pointed not only at the gay community but also at other countries and migrant communities, particularly Haitians, as responsible for spreading the virus. Evangelical leaders, public health officials, and the Reagan administration quickly capitalized on widespread fear of the new disease to call for quarantines, immigration bans, and deportations, scapegoating and blaming HIV-positive migrants--even as the rest of the world regarded the US as the primary exporter of the virus.

In The Borders of AIDS: Race, Quarantine, and Resistance(U Washington Press, 2021), Karma Chávez demonstrates how such calls proliferated and how failure to impose a quarantine for HIV-positive citizens morphed into the successful enactment of a complete ban on the regularization of HIV-positive migrants--which lasted more than twenty years. News reports, congressional records, and AIDS activist archives reveal how queer groups and migrant communities built fragile coalitions to fight against the alienation of themselves and others, asserting their capacity for resistance and resiliency. Building on existing histories of HIV/AIDS, public health, citizenship, and immigration, Chávez establishes how politicians and public health officials treated different communities with HIV/AIDS and highlights the work these communities did to resist alienation.

You can get 30% off the cost of the book using the code WST30 when you are purchasing from the publishers University of Washington Press.

Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers.

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Violence, Gender, and Policing in Colombia: In Conversation with Dr. Jon Gordon Jul 16, 2021

Show notes

In today’s interview, we speak with Dr. Jon Gordon, incoming Assistant Professor of Sociology at Appalachian State University, who tells us about his research with criminalized men in an armed group in a marginal neighborhood in Medellín, Colombia. Jon tells us how his experiences as a teacher in both Chicago and Medellín got him interested in studying gangs and violence. He explains how doing 45 months of fieldwork allowed him to track changes in the group he studied and talks about the value—and marginalization—of long-term ethnographic fieldwork. He also reflects on how he dealt with the psychological toll of witnessing violence, and how the men he studied subverted traditional gender roles in surprising ways. Finally, he describes what happened when his mother and partner entered his field site, and the ethnographic importance of a bologna sandwich.

Learn more about Dr. Gordon’s research here.

Alex Diamond is a Ph.D. candidate in sociology at the University of Texas, Austin. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago. Dr. Sneha Annavarapu is a postdoctoral researcher at the University of Chicago.

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Benjamin Allen Coates, "Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century" (Oxford UP, 2019) Jul 15, 2021

Show notes

It might seem somewhat paradoxical that in the Wars of 1898 and their aftermath—the era in which the United States expanded its imperial reach deep into the Caribbean and Pacific—international law became a feature of US foreign policy. In the midst of all of the militarism (think of Teddy Roosevelt’s roughriders storming Cuba), colonial conquest, and the use of torture to quash Philippine resistance to US colonial rule, the US government sought to make its empire legalistic and to help build a broader international legal order. Benjamin Coates, in his book Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century (Oxford UP, 2019), ably dissects this project, and, in the process, helps illuminate aspects of the United States’ overseas empire that other scholars have overlooked.

Coates, an associate professor at Wake Forest University, explores the many ways in which international law bolstered imperial rule and interimperial relations. International-law arguments, for example, helped justify the seizure of the Panama Canal Zone. In Coates’ telling, then, it was not a coincidence that the US foreign-policy apparatus lawyered up—filling the State Department’s ranks with a multitude of international lawyers—at the same moment that it began to administer colonial populations abroad. I hope you enjoy our discussion!

Dexter Fergie is a doctoral student in US and global history at Northwestern University. His research examines the history of ideas, infrastructure, and international organizations.

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William Walters, "State Secrecy and Security: Refiguring the Covert Imaginary" (Routledge, 2021) Jul 13, 2021

Show notes

In State Secrecy and Security: Refiguring the Covert Imaginary(Routledge, 2021), William Walters calls for secrecy to be given a more central place in critical security studies and elevated to become a core concept when theorising power in liberal democracies.

Through investigations into such themes as the mobility of cryptographic secrets, the power of public inquiries, the connection between secrecy and place-making, and the aesthetics of secrecy within immigration enforcement, Walters challenges commonplace understandings of the covert and develops new concepts, methods and themes for secrecy and security research. Walters identifies the covert imaginary as both a limit on our ability to think politics differently and a ground to develop a richer understanding of power.

State Secrecy and Security offers readers a set of thinking tools to better understand the strange powers that hiding, revealing, lying, confessing, professing ignorance and many other operations of secrecy put in motion. It will be a valuable resource for scholars and students of security, secrecy and politics more broadly.

William Walters is Professor of Politics and Faculty of Public Affairs Research Excellence Chair at Carleton University, Ottawa. His current research concerns secrecy, migration and deportation infrastructures. He has published widely in the areas of political sociology, political geography, citizenship studies, security and insecurity, and Foucault studies.

Catriona Gold is a PhD candidate in Geography at University College London, researching security, subjectivity and mobility in the 20-21st century United States. Her current work concerns the US Passport Office; she has previously published on US Africa Command and the 2013-16 Ebola epidemic. She can be reached by email or on Twitter.

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Nafiseh Ghafournia, "Faith in Freedom: Muslim Immigrant Women Experiences of Domestic Violence" (Melbourne UP, 2019) Jul 09, 2021

Show notes

In Faith in Freedom: Muslim Immigrant Women’s Experiences of Domestic Violence (Melbourne University Press, 2019), Nafiseh Ghafournia explores questions of domestic violence in the context of Muslim immigrant women in Australia. Aiming to correct existing accounts of Muslim women’s lives and experiences particularly as immigrants, the study uses an intersectional framework to deepen our understanding of the ways that immigrant Muslim women understand, experience, and respond to domestic violence. Among the themes that the book covers are the relationships between culture, religion, gender, and immigration status in the context of domestic violence; why and when, if at all, might women leave abusive relationships; the various kinds of domestic violence that immigrant Muslim women experience, including physical, psychological, financial, spiritual, sexual, in-laws, and immigration-related violence; services available to victims and survivors of abuse; and essential information for service providers and policy makers.

The book will appeal to anyone interested in immigrant experiences, domestic violence from an intersectional perspective, Muslim women; and because of its practical value, it should also be read by service providers, policymakers, ESL educators, and others who interact with immigrants on a regular basis.

Shehnaz Haqqani is an Assistant Professor of Religion at Mercer University. She earned her PhD in Islamic Studies with a focus on gender from the University of Texas at Austin in 2018. Her dissertation research explored questions of change and tradition, specifically in the context of gender and sexuality, in Islam. She is currently working on a book project on Muslim women's marriage to non-Muslims in Islam. Shehnaz runs a YouTube channel called What the Patriarchy?!, where she vlogs about feminism and Islam in an effort to dismantle the patriarchy and uproot it from Islam (ambitious, she knows). She can be reached at haqqani_s@mercer.edu.

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