New Books in Law

Latest Episodes:

Alexander Sasha Kondakov, "Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia" (UCL Press, 2022) Jul 24, 2024

Show notes

Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia(UCL Press, 2022) by Alexander Sasha Kondakov uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original methodology of studying ‘legal memes’ and argues that these individual affective states are directly connected to the political violence aimed at queer lives more generally.

The main aim of Violent Affections is to explore the social mechanisms and techniques that impact anti-queer violence evidenced in the reviewed cases. Kondakov expands upon two sets of interdisciplinary literature – queer theory and affect theory – in order to conceptualise what is referred to as neo-disciplinary power. Taking the empirical observations from Russia as a starting point, he develops an original explanation of how contemporary power relations are changing from those of late modernity as envisioned by Foucault’s Panopticon to neo-disciplinary power relations of a much more fragmented, fluid and unstructured kind – the Memeticon. The book traces how exactly affections circulate from body to body as a kind of virus and eventually invade the body that responds with violence. In this analytic effort, it draws on the arguments from memetics – the theory of how pieces of information pass on from one body to another as they thrive to survive by continuing to resonate. This work makes the argument truly interdisciplinary.

This book is available open access here.

Alexander Sasha Kondakov is an assistant professor at the School of Sociology, University College Dublin, Ireland.

Tatiana Klepikova is a postdoctoral researcher at the University of Regensburg, where she leads a research group on queer literatures and cultures under socialism.

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Francine Banner, "Beyond Complicity: Why We Blame Each Other Instead of Systems" (U California Press, 2024) Jul 21, 2024

Show notes

Beyond Complicity: Why We Blame Each Other Instead of Systems (University of California Press, 2024) by Dr. Francine Banner is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?

Dr. Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.

This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Matt Stoller, "Goliath: The 100-Year War Between Monopoly Power and Democracy" (Simon & Schuster, 2020) Jul 20, 2024

Show notes

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).

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Freeman's Challenge: The Murder That Shook America's Original Prison for Profit Jul 18, 2024

Show notes

Today’s book is: Freeman’s Challenge: The Murder That Shook America’s Original Prison for Profit(U Chicago Press, 2024), by Dr. Robin Bernstein, which tells the story of a teenager named William Freeman. Convicted of a horse theft he insisted he did not commit, he was sentenced to five years of hard labor in Auburn’s new prison. Uniting incarceration and capitalism, the facility included industrial factories where prisoners worked as “slaves of the state.” They earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system. Incensed at being forced to work without pay, William Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom. Through one Black man, his family, and his city, Dr. Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.

Our guest is: Dr. Robin Bernstein, who is an award-winning cultural historian specializing in race and racism from the nineteenth century to the present. She teaches at Harvard University, where she is the Dillon Professor of American History and Professor of African and African American Studies and Studies of Women, Gender, and Sexuality.

Our host is: Dr. Christina Gessler, the producer of the Academic Life podcast. She holds a PhD in history, which she uses to explore what stories we tell (and why) and what happens to those we never tell.

Playlist for listeners who wish to learn more:

Welcome to Academic Life, the podcast for your academic journey—and beyond! You can support the show by posting, assigning or sharing episodes. Join us again to learn from more experts inside and outside the academy, and around the world. Missed any of the 200+ Academic Life episodes? You’ll find them all archived here.

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Michael Willrich, "American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century" (Basic Books, 2023) Jul 16, 2024

Show notes

In the early twentieth century, anarchists like Emma Goldman and Alexander Berkman championed a radical vision of a world without states, laws, or private property. Militant and sometimes violent, anarchists were heroes to many working-class immigrants. But to many others, anarchism was a terrifyingly foreign ideology. Determined to crush it, government officials launched a decades-long “war on anarchy,” a brutal program of spying, censorship, and deportation that set the foundations of the modern surveillance state. The lawyers who came to the anarchists’ defense advanced groundbreaking arguments for free speech and due process, inspiring the emergence of the civil liberties movement.

Michael Willrich's book American Anarchy: The Epic Struggle between Immigrant Radicals and the US Government at the Dawn of the Twentieth Century (Basic Books, 2023) tells the gripping tale of the anarchists, their allies, and their enemies, showing how their battles over freedom and power still shape our public life.

Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

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Stefanie Coché, "Psychiatric Institutions and Society: The Practice of Psychiatric Committal in the "Third Reich," the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963" (Routledge, 2024) Jul 16, 2024

Show notes

Stefanie Coché's Psychiatric Institutions and Society: the Practice of Psychiatric Commital in the “Third Reich,” the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963 (London: Routledge, 2024; translated by Alex Skinner) probes how the serious and sometimes fatal decision was made to admit individuals to asylums during Germany’s age of extremes. The book shows that - even during the Nazi killing of the sick - relatives played an even more important role in most admissions than doctors and the authorities.

In light of admission practices, this study traces how ideas about illness, safety, and normality changed when the Nazi regime collapsed in 1945 and illuminates how closely power configurations in the psychiatric sector were linked to political and social circumstances in the early years of both German successor states.

Paul Lerner is Professor of History at the University of Southern California where he directs the Max Kade Institute for Austrian-German-Swiss Studies. He can be reached at plerner@usc.edu and @PFLerner.

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Carl Öhman, "The Afterlife of Data: What Happens to Your Information When You Die and Why You Should Care" (U Chicago Press, 2024) Jul 14, 2024

Show notes

A short, thought-provoking book about what happens to our online identities after we die.

These days, so much of our lives takes place online—but what about our afterlives? Thanks to the digital trails that we leave behind, our identities can now be reconstructed after our death. In fact, AI technology is already enabling us to “interact” with the departed. Sooner than we think, the dead will outnumber the living on Facebook. In this thought-provoking book, Carl Öhman explores the increasingly urgent question of what we should do with all this data and whether our digital afterlives are really our own—and if not, who should have the right to decide what happens to our data.

The stakes could hardly be higher. In the next thirty years alone, about two billion people will die. Those of us who remain will inherit the digital remains of an entire generation of humanity—the first digital citizens. Whoever ends up controlling these archives will also effectively control future access to our collective digital past, and this power will have vast political consequences. The fate of our digital remains should be of concern to everyone—past, present, and future. Rising to these challenges, Öhman explains, will require a collective reshaping of our economic and technical systems to reflect more than just the monetary value of digital remains.

As we stand before a period of deep civilizational change, The Afterlife of Data: What Happens to Your Information When You Die and Why You Should Care (U Chicago Press, 2024) will be an essential guide to understanding why and how we as a human race must gain control of our collective digital past—before it is too late.

Jake Chanenson is a computer science Ph.D. student and law student at the University of Chicago. Broadly, Jake is interested in topics relating to HCI, privacy, and tech policy. Jake’s work has been published in top venues such as ACM’s CHI Conference on Human Factors in Computing Systems.

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Kevin Leo Nadal, "Queering Law and Order: LGBTQ Communities and the Criminal Justice System" (Lexington Book, 2020) Jul 14, 2024

Show notes

Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dressing, and gathering in public spaces. And while there have been many strides to advocate for LGBTQ rights in contemporary times, there are still many ways that the criminal justice system works against LGBTQ and their lives, liberties, and freedoms.

Queering Law and Order: LGBTQ Communities and the Criminal Justice System (Lexington Books, 2020) examines the state of LGBTQ people within the criminal justice system. Intertwining legal cases, academic research, and popular media, Nadal reviews a wide range of issues—ranging from historical heterosexist and transphobic legislation to police brutality to the prison industrial complex to family law. Grounded in Queer Theory and intersectional lenses, each chapter provides recommendations for queering and disrupting the justice system. This book serves as both an academic resource and a call to action for readers who are interested in advocating for LGBTQ rights.

Nick Pozek is the Assistant Director of the Parker School of Foreign and Comparative Law at Columbia University in the City of New York and a host of New Books in Law.

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Mónica A. Jiménez, "Making Never-Never Land: Race and Law in the Creation of Puerto Rico" (UNC Press, 2024) Jul 14, 2024

Show notes

Myths about the powers held by the United States are often supported by the jurisdiction of the Supreme Court, which derives its logic from the interpretation of a document that the US itself developed. Therefore, when pressure is placed on a specific legal precedent, the shallowness of its validity is revealed. Dr. Mónica A. Jiménez accomplishes this kind of scholarly work in her recently published book Making Never-Never Land: Race and Law in the Creation of Puerto Rico (University of North Carolina Press, 2024). By tracing the legal logic of what continues to animate the colonial dynamics between the United States and Puerto Rico, Jiménez offers a “genealogy of racial exclusion in law” (36) that both folds time and space to make clear how late-19th century Supreme Court logics and opinions continue to subjugate the land and people of Puerto Rico to colonial violence.

Split into two sections, the first half of the book details the key case Downes v. Bidwell (1901), while the second half explores how the legal ramifications of Downes continued to haunt the archipelago. The first chapter focuses on the development of Downes and its outcome, which argued that territories of the United States were not allowed to access certain provisions of the U.S. Constitution. The ambiguous legal foundation for this decision was established in 1900 after Puerto Rico was acquired by the United States when the US Supreme Court established the territorial incorporation doctrine, effectively creating the legal category of “unincorporated territory." Chapter two probes the white supremacist U.S. legal landscape to offer a “genealogy of racial exclusion in law” (36) that shows the reader how U.S. settler colonialism and empire-making are dependent on the reuse and recycling of legal precedents and tactics that disenfranchised and dispossessed racially marginalized communities. By excavating the legal opinions handed down during the Marshal Trilolgy and Dred Scott v. Sandford – a collection of Supreme Court cases that defined 19th-century legal policy for Native Americans and African Americans, respectively – Jiménez makes clear that “It is not a coincidence that the most shameful cases in the United States’ legal history of race should serve as direct precedents to a decision that continues to serve as the basis for Puerto Rico’s exclusion more than one hundred years after it was handed down” (9).

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Jonathan Connolly, "Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation" (U Chicago Press, 2024) Jul 13, 2024

Show notes

In Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation (University of Chicago Press, 2024), Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as a legitimate form of free labor and a means of preserving the promise of abolition. Connolly explains how the large-scale, state-sponsored migration of Indian subjects to work on sugar plantations across Mauritius, British Guiana, and Trinidad transformed both the notion of post-slavery free labor and the political economy of emancipation. Excavating legal and public debates and tracing practical applications of the law, Connolly carefully reconstructs how the categories of free and unfree labor were made and remade to suit the interests of capital and empire, showing that emancipation was not simply a triumphal event but, rather, a deeply contested process. In so doing, he advances an original interpretation of how indenture changed the meaning of “freedom” in a post-abolition world.

Jonathan Connolly is Assistant Professor of History at the University of Illinois Chicago. Connolly is a historian of the British empire with transnational interests in migration, the history of emancipation, and legal history. His research primarily concerns abolition and emancipation, imperial political and legal culture, and the category of free labor in the Caribbean and the Indian Ocean.

Your host for this episode is Mahishan Gnanaseharan, a PhD student in the Department of History at Stanford University. Mahishan studies the social, political, and intellectual histories of South Asian migrants across the Indian Ocean during the 19th and 20th centuries.

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