New Books in Law

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Judith Lewis Herman, "Truth and Repair: How Trauma Survivors Envision Justice" (Basic Books, 2023) Jun 07, 2024

Show notes

Judith Herman is renowned for her groundbreaking work with survivors of trauma, including sexual trauma. Her earlier books include Trauma and Recovery: The Aftermath of Violence - from Domestic Abuse to Political Terror(Basic Books, 2022) and Father-Daughter Incest(Harvard UP, 2000)

The #MeToo movement brought worldwide attention to sexual violence, in both domestic and work settings. However, the movement did not address the crime of sexual violence in war, and the use of rape as a weapon of war. In fact, when these historical horrors were brutally used once again in October 2023, the #MeToo movement, and other feminist and anti-rape organizations responded - not with outrage- but with silence.

In contrast, high profile, celebrity cases of sexual abuse and harasment in the U.S. and U.K. gained media coverage, with attention focused on the fates of a few notorious predators who were put on trial. We heard far less about the outcomes of those trials for the survivors of their abuse.

Professor Herman maintains that conventional retributive process fails to serve most survivors; it was never designed for them. She argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them.

In Truth and Repair: How Trauma Survivors Envision Justice (Basic Books, 2023) she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities.

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Vivien Marsh, "Seeking Truth in International TV News: China, CGTN, and the BBC" (Routledge, 2023) Jun 04, 2024

Show notes

In Seeking Truth in International News: China, CGTN and the BBC(Routledge, 2023) Dr Vivien Marsh analyses the differences between journalistic traditions in China and the West, and extent to which this impacts the ability of news media to hold power to account. This facilitates a fascinating account of the role of journalists in seeking truth from facts, and the way that public narratives of events are constructed. The book has extensive global coverage, and readers will come to understand the significance of both what is reported, and also the significance of scrutinising what is left out.

Dr Vivien Marsh is an independent academic researcher at The University of Westminster, UK. She is a former global news editor, reporter and writer.

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Benjamin Balint, "Kafka's Last Trial: The Case of a Literary Legacy" (Norton, 2019) Jun 03, 2024

Show notes

When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust?

In Kafka's Last Trial: The Case of a Literary Legacy (Norton, 2019), Benjamin Balint offers a gripping account of the controversial trial in Israeli courts—brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts.

Benjamin Balint, a fellow at the Van Leer Institute in Jerusalem, is the author most recently of Bruno Schulz: An Artist, a Murder, and the Hijacking of History (Norton), winner of a National Jewish Book Award. His book Kafka's Last Trial (Norton) won the Sami Rohr Prize and has been translated into a dozen languages. He is also the co-author, with Merav Mack, of Jerusalem: City of the Book (Yale).

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Aya Gruber, "The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration" (U California Press, 2020) Jun 02, 2024

Show notes

Aya Gruber, a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault.

In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in the hope that it would lead to less violence against women. She also argues that the social context in which sexual assault allegations were made in the 19th century, especially regarding African-American males and white women, influenced the outcomes in legal cases and divided the feminists of the 19th century. Professor Gruber also addresses the fissures created in the women’s movement from the 1960s through today regarding how sexual assault should be treated under the law has worked against justice for both victims and their assailants. Professor Gruber argues that sexual assault law is premised upon erroneous beliefs about how men and women interact, the norms of nonverbal conduct, and the efficacy of punitive solutions. In addition to covering the history of sexual assault law she addresses how the criminal law might be reformed to meet the “convergent interests” of men and women.

Ian J. Drake is an Associate Professor of Political Science and Law at Montclair State University. His scholarly interests include American legal and constitutional history and political theory.

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Weh Yeoh, "Redundant Charities: Escaping the Cycle of Dependence" (Koan Press, 2023) Jun 02, 2024

Show notes

Weh Yeoh's Redundant Charities: Escaping the Cycle of Dependence(Koan Press, 2023) presents a transformative approach to charitable work. Drawing on his extensive experience in the non-profit sector, Yeoh argues that the ultimate goal of a charity should be to render itself unnecessary. He critiques the traditional charity model, which often perpetuates dependency and self-preservation, and instead advocates for organizations to implement clear exit strategies and focus on supporting local communities to solve their own problems.

Yeoh asserts that success in charity work is measured by the ability to address root causes and sustainably transfer skills and resources to local populations, ensuring they can continue the work independently. This approach is exemplified by his own work founding OIC Cambodia, where he aimed to establish a sustainable speech therapy profession in Cambodia, ultimately handing over the leadership to local practitioners.

The book is not just a critique but also offers practical guidance on how charities can shift towards this new model, challenging readers to rethink their strategies and align their missions with long-term, self-sustaining impact.

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Adam Goodman, "The Deportation Machine: America’s Long History of Expelling Immigrants" (Princeton UP, 2020) Jun 02, 2024

Show notes

Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present.

Goodman, Assistant Professor of Latin American and Latino studies as well as history at the University of Illinois at Chicago, argues that the “deportation machine” operated through three main mechanisms: formal deportations, voluntary departures, and self-deportations. But contrary to mainstream assumptions about the U.S. immigration system, the overwhelming majority of deportations throughout the 1900s have not been formal proceedings in immigration court, but instead administrative processes and informal fear campaigns that pushed immigrants out of the country. Our interview with Goodman will cover how the history of deportation is linked with the development of federal power, state coercion, and activist resistance for due process. We also discuss the connections between the deportation machine and the contemporary debate on the prison-industrial complex, anti-immigrant prejudice, and demands for police reform. Far beyond the harsh realities of deportation, this book shows us how the politics of expulsion sought to define who truly belonged in America.

Jaime Sánchez, Jr. is a Ph.D. Candidate in the Department of History at Princeton University and a scholar of U.S. politics and Latino studies. He is currently writing an institutional history of the Democratic National Committee and partisan coalition politics in the twentieth century. You can follow him on Twitter @Jaime_SanchezJr.

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Benjamin A. Schupmann, "Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy" (Oxford UP, 2024) May 30, 2024

Show notes

Seeking a second term as US president in November, Donald Trump joins a roster of politicians whose declared aim is to use legal means to bend democracy to their will and in their interests. The system withstood his first term. In Venezuela, Ecuador, Turkey, and Hungary, the systems didn’t, and they are undergoing stress tests in Israel, Slovakia, and Georgia.

In Venezuela, Turkey and Hungary, elections still happen and parliaments, courts, and media are intact but checks and balances have been steadily eroded as one party bids for sustained majority rule. Since the turn of the millennium, 80% of cases of democratic retreat have taken this form rather than through violence.

Worst of all, “illiberal democracy” is popular. Between 2016 and 2020, Trump added 11 million votes. In 2022, after 12 consecutive years in power, Hungary’s ruling party extended its support. Recent polls show that a third of Americans would prefer a strong unelected leader to a weak elected one while a fifth of French under-35s are indifferent to the prospect of an end to democracy.

In Democracy Despite Itself: Liberal Constitutionalism and Militant Democracy(OUP Press, 2024) Benjamin Schupmann addresses this democratic internal rot and how to defend against it. "Democratic cannibalism is a perennial problem,” he writes. “It is a question of when, not if, popular anti-democratic movements will erupt from within and try to use legal revolutionary methods to devour democracy. Democratic constitution should be designed to provide democrats with the means to defend it and themselves".

Benjamin Schupmann is an Assistant Professor at Yale-NUS College in Singapore. He got his PhD at Columbia University and then taught at Duke Kunshan University and the National University of Singapore. Democracy Despite Itself is his second book. His first – Carl Schmitt's State and Constitutional Theory – was published in 2017.

*The author's book recommendations are Sovereignty Across Generations: Constituent Power and Political Liberalism by Alessandro Ferrara (OUP Oxford, 2023) and Social Acceleration: A New Theory of Modernity by Hartmut Rosa (Columbia University Press, 2013).

Tim Gwynn Jones is an economic and political-risk analyst at Medley Advisors, who also writes the twenty4two newsletter on Substack.

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Gary J. Bass, "Judgement at Tokyo: World War II on Trial and the Making of Modern Asia" (Knopf, 2023) May 30, 2024

Show notes

In December 1948, a panel of 12 judges sentenced 23 Japanese officials for war crimes. Seven, including former Prime Minister Hideki Tojo, were sentenced to death. The sentencing ended the International Military Tribunal for the Far East, an over-two-year-long trial over Imperial Japan’s atrocities in China and its decision to attack the U.S.

But unlike the trials at Nuremberg, now seen as one of the touchstones of modern international law, the trials at Tokyo were a messy affair. The ruling wasn’t unanimous, with two judges dissenting. Indian judge Radhabinod Pal even chose to acquit everybody. The judges couldn’t agree on anything, the prosecution made significant mistakes, and the defense constantly complained about not having enough time and resources.

Gary Bass tells the entire story of the trials at Tokyo—from their formulation at the end of a long World War by a triumphant yet weary U.S., to the eventual decision to let many sentenced defendants out on parole as Japan became a close Cold War ally of Washington—in his book Judgment at Tokyo: World War II on Trial and the Making of Modern Asia(Knopf: 2023)

Gary Bass is also the author of The Blood Telegram: Nixon, Kissenger and a Forgotten Genocide (Vintage: 2014), which was a finalist for the Pulitzer Prize in general nonfiction and won the Arthur Ross Book Award from the Council on Foreign Relations, among other awards. He is the William P. Boswell Professor of World Politics of Peace and War at Princeton University. His previous books are Freedom's Battle: The Origins of Humanitarian Intervention (Knopf Doubleday Publishing Group: 2008) and Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton University Press: 2002). A former reporter for The Economist, Bass writes often for The New York Times and has written for The New Yorker, The Washington Post, The Atlantic, Foreign Affairs, and other publications.

You can find more reviews, excerpts, interviews, and essays at The Asian Review of Books. Including its review of Judgment at Tokyo. Follow on Twitter at @BookReviewsAsia.

Nicholas Gordon is an editor for a global magazine, and a reviewer for the Asian Review of Books. He can be found on Twitter at @nickrigordon.

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Jeffrey Reiman and Paul Leighton, "The Rich Get Richer and the Poor Get Prison" (Routledge, 2023) May 24, 2024

Show notes

For 40 years, this classic text has taken the issue of economic inequality seriously and asked: Why are our prisons filled with the poor? Why aren't the tools of the criminal justice system being used to protect Americans from predatory business practices and to punish well-off people who cause widespread harm?

This new edition continues to engage readers in important exercises of critical thinking: Why has the U.S. relied so heavily on tough crime policies despite evidence of their limited effectiveness, and how much of the decline in crime rates can be attributed to them? Why does the U.S. have such a high crime rate compared to other developed nations, and what could we do about it? Are the morally blameworthy harms of the rich and poor equally translated into criminal laws that protect the public from harms on the streets and harms from the suites? How much class bias is present in the criminal justice system-both when the rich and poor engage in the same act, and when the rich use their leadership of corporations to perpetrate mass victimization?

The Rich Get Richer and the Poor Get Prison (Routledge, 2023) shows readers that much of what goes on in the criminal justice system violates citizens' sense of basic fairness. It presents extensive evidence from mainstream data that the criminal justice system does not function in the way it says it does nor in the way that readers believe it should.

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Danielle R. Olden, "Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post–Civil Rights America" (U California Press, 2022) May 22, 2024

Show notes

Mexican Americans have often fit uncertainly into the white/non-white binary that has goverens much of American history. After Colorado, and much of the rest of the American West, became American claimed territory after the Mexican-Americna War in 1848, thousands of formerly Mexican citizens became American citizens. Flash foward a century to post-war Denver. In the spring of 1969, Mexican American students staged a walk out in protest of poor quality education, racist teachers, and school segregation - they were met by police in riot gear, to beat and arrested dozens of peaceful protestors. Denver thus became ground zero for debates over race in the American West, a city as important to conceptions of whiteness, "minority" status, and colorblindness as any place in the South.

In the award winning book, Racial Uncertainties: Mexican Americans, School Desegregation, and the Making of Race in Post-Civil Rights America (U California Press, 2022), University of Utah historian Danielle Olden tracks the history of Chicano, Latinx, and Mexican American identities through Denver's history, focusing on the lead up to the 1973 Supreme Court case, Keyes v. Denver School District No. 1. Olden tracks the remarkable and complicated story of that city's Chicano, Black, and white communities through the halting process of school desegregation, and in doing so provides an explemary lesson in the social mutability of the concept of race.

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