New Books in Law

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Maya Pagni Barak, "The Slow Violence of Immigration Court: Procedural Justice on Trial" (NYU Press, 2023) Jul 11, 2024

Show notes

Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court: Procedural Justice on Trial (NYU Press, 2023) by Dr. Maya Pagni Barak sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, immigration court, and the immigration system writ large.

Grounded in the illuminating stories of people facing deportation, the family members who support them, and the attorneys who defend them, The Slow Violence of Immigration Court invites readers to question matters of fairness and justice and the fear of living with the threat of deportation. Although the spectacle of violence created by family separation and deportation is perceived as extreme and unprecedented, these long legal proceedings are masked in the mundane and are often overlooked, ignored, and excused. In an urgent call to action, Dr. Barak deftly demonstrates that deportation and family separation are not abhorrent anomalies, but are a routine, slow form of violence at the heart of the U.S. immigration system.

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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Aram Sinnreich and Jesse Gilbert, "The Secret Life of Data: Navigating Hype and Uncertainty in the Age of Algorithmic Surveillance" (MIT Press, 2024) Jul 10, 2024

Show notes

What is data, and why does it matter for us to care about the data traces we leave behind? What are the implications for our lives of how this data is used by other people in other times and places? In a conversation with Joanne Kuai, authors Aram Sinnreich and Jesse Gilbert introduce their new book and talk about how we can rethink our relationship with data and stay informed to make better decisions in the face of technological uncertainty.

In their latest book, The Secret Life of Data: Navigating Hype and Uncertainty in The Age of Algorithmic Surveillance (MIT Press, 2024), Aram Sinnreich and Jesse Gilbert explore the many unpredictable and often surprising ways in which data surveillance, AI, and the constant presence of algorithms impact our culture and society in the age of global networks.

The book focuses primarily on the long-term consequences of humanity's recent rush toward digitizing, storing, and analyzing every piece of data about ourselves and the world we live in. The authors advocate for “slow fixes” regarding our relationship to data, such as creating new laws and regulations, ethics and aesthetics, and models of production for our datafied society.

Aram Sinnreich is an author, professor, and musician. He is Chair of Communication Studies at American University. His books include Mashed Up, The Piracy Crusade, The Essential Guide to Intellectual Property, and A Second Chance for Yesterday (published as R. A. Sinn).

Jesse Gilbert is an interdisciplinary artist exploring the intersection of visual art, sound, and software design at his firm Dark Matter Media. He was the founding Chair of the Media Technology department at Woodbury University, and he has taught interactive software design at both CalArts and UC San Diego.

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Premal Dharia et al., "Dismantling Mass Incarceration: A Handbook for Change" (FSG Originals, 2024) Jul 09, 2024

Show notes

In recent years, a searching national conversation has called attention to the social and racial injustices that define America’s criminal system. The incarceration of vast numbers of people, and the punitive treatment of African Americans in particular, are targets of widespread criticism. But despite the election of progressive prosecutors in several cities and the passage of reform legislation at the local, state, and federal levels, the system remains very much intact. How can the damage and depredations of the carceral state be undone?

In this pathbreaking reader, three of the nation’s leading advocates —Premal Dharia, James Forman Jr., and Maria Hawilo—provide us with tools to move from despair and critique to hope and action.Dismantling Mass Incarceration: A Handbook for Change (FSG Originals, 2024) surveys new approaches to confronting the carceral state in all its guises, exploring ways that police, prosecutors, public defenders, judges, prisons, and even life after prison can be radically reconceived. The book captures debates about the comparative merits of reforming or abolishing prisons and police forces, and introduces a host of bold but practical interventions. The contributors range from noted figures such as Angela Davis, Clint Smith, and Larry Krasner to local organizers, judges, and people currently or formerly incarcerated. The result is an invaluable guide for students, activists, and anyone who wishes to understand mass incarceration—and hasten its end.

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Russell Sandberg and Daniel Newman, "Law and Humanities" (Anthem Press, 2024) Jul 07, 2024

Show notes

In Law and Humanities (Anthem Press, 2024), Professor Russell Sandberg and Dr Daniel Newman provide an accessible introduction to the law and humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field, tackling a wide ranging series of topics as law and geography, law and history, law and literature, law and theatre. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the other respective field operate. This edited work fulfils a real and pressing need to provide an accessible, introductory but critical guide to law and humanities as a whole by exploring how each disciplinary ‘law and’ field has developed, contributes to further scrutinizing the content and role of law, and how it can contribute and be enriched by being understood within the law and humanities tradition as a whole.

In the podcast, Professor Sandberg and Dr Newman explain their aims in editing this collection, and how in particular studying law and the respective humanities can enhance a legal studies curriculum beyond the confines of an exclusively doctrinal education. The editors also explore in detail the chapters they authored – Law and History, Law and Philosophy and Law and Religion, before offering some reflections on and hopes for the future of the broader Law and Humanities discipline.

Alex Batesmith is a Lecturer in Legal Profession in the School of Law at the University of Leeds, and a former barrister and UN war crimes prosecutor, with teaching and research interests in international criminal law, cause lawyering and the legal profession, and law and emotion. LinkedIn.

His recent publications include:

“‘Poetic Justice Products’: International Justice, Victim Counter-Aesthetics, and the Spectre of the Show Trial” in Christine Schwöbel-Patel and Rob Knox (eds) Aesthetics and Counter-Aesthetics of International Justice (Counterpress, 2024, ISBN 978-1-910761-17-5)
"Lawyers who want to make the world a better place – Scheingold and Sarat’s Something to Believe In: Politics, Professionalism, and Cause Lawyering" in D. Newman (ed.) Leading Works on the Legal Profession (Routledge, July 2023), ISBN 978-1-032182-80-3)
“International Prosecutors as Cause Lawyers" (2021) Journal of International Criminal Justice 19(4) 803-830 (ISSN 1478-1387)

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The (ir)Rational Rainbow (the DSM & the Fight to Depathologize Homosexuality) Jul 06, 2024

Show notes

The psychological establishment has long pathologized diverse forms of sexual identity and gender expression. In the mid-century, a brave movement of gays and lesbians fought back and claimed: no, actually, we’re healthy. But in the process, did they define other identities unhealthy?

This is episode two of Cited Podcast's returning season, the Rationality Wars. It tells stories about the political and intellectual battles to define rationality and irrational. For the rest of the series, visit citedpodcast.com. You will be able find this on all the relevant podcatchers (Apple, Spotify, etc.). If you use something else or you cannot find our feed, you can manually add our RSS feed.

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Ailbhe O'Loughlin, "Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation" (Oxford UP, 2024) Jul 03, 2024

Show notes

In Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation(Oxford UP, 2024), Dr Ailbhe O'Loughlin considers the controversial and under-researched concern of what to do with dangerous people with severe personality disorders. She brings together scientific evidence, law and policy, to consider risk prevention, public security and human rights. This is a controversial area of law and policy, informed by ongoing debates about 'dangerous' offenders which exists at the intersection of liberal legal principles and advocates of social defence.

In today's conversation, we spoke about preventative detention, the effectiveness of therapeutic intervention and risk management, gaps in human rights protections, and the assumptions that the legal principles and processes that govern this population are founded on. O'Loughlin draws out key issues for reform and calls for further evidence-based inquiry with regards to criminal defences, sentencing and dispositions. This will be an important book for policy makers, legal academics, psychiatrists and anyone who works with this category of offenders.

Dr Ailbhe O'Loughlin is a Senior Lecturer at York Law School, at The University of York. Her research focuses on the intersection between mental health and criminal justice.

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Felicia Arriaga, "Behind Crimmigration: ICE, Law Enforcement, and Resistance in America" (UNC Press, 2023) Jun 30, 2024

Show notes

In recent years, dozens of counties in North Carolina have partnered with federal law enforcement in the criminalization of immigration--what many have dubbed "crimmigration." Southern border enforcement still monopolizes the national immigration debate, but immigration enforcement has become common within the United States as well. While Immigration and Customs Enforcement (ICE) operations are a major part of American immigration enforcement, Felicia Arriaga maintains that ICE relies on an already well-established system--the use of local law enforcement and local governments to identify, incarcerate, and deport undocumented immigrants.

In Behind Crimmigration: ICE, Law Enforcement, and Resistance in America(UNC Press, 2023), Arriaga contends that the long-term partnership between local sheriffs and immigration law enforcement in places like North Carolina has created a form of racialized social control of the Latinx community. Arriaga uses data from five county sheriff's offices and their governing bodies to trace the creation and subsequent normalization of ICE and local law enforcement partnerships. Arriaga argues that the methods used by these partnerships to control immigration are employed throughout the United States, but they have been particularly visible in North Carolina, where the Latinx population increased by 111 percent between 2000 and 2010. Arriaga's evidence also reveals how Latinx communities are resisting and adapting to these systems.

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Jeremy Schipper, "Denmark Vesey's Bible: The Thwarted Revolt That Put Slavery and Scripture on Trial" (Princeton UP, 2022) Jun 27, 2024

Show notes

In Denmark Vesey's Bible: The Thwarted Revolt that Put Slavery and Scripture on Trial(Princeton UP, 2022), Dr. Jeremy Schipper tells the story of a free Black man accused of plotting an anti-slavery insurrection in Charleston, South Carolina, in 1822. Vesey was found guilty and hanged along with dozens of others accused of collaborating with him.

At the center of the book is an examination of how former slave Denmark Vesey used interpretations of the Bible to justify the revolt while members of the white establishment in South Carolina use that same Bible to support the slaveholders view of themselves as benevolent biblical patriarchs.

The book is a riveting account of a key moment in antebellum American history that underscores deep racial inequities and the assumed supremacy of white Christians during a time of violence, fear, and conflicting understandings of moral superiority and biblical truth.

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