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    Science

    New Books in Law

    This podcast is a channel on the New Books Network. The New Books Network is an academic audio library dedicated to public education. In each episode you will hear scholars discuss their recently published research with another expert in their field.

    Discover our 150+ channels and browse our 28,000+ episodes on our website: newbooksnetwork.com

    Subscribe to our free weekly Substack newsletter to get informative, engaging content straight to your inbox: https://newbooksnetwork.substack.com/

    Follow us on Instagram and Bluesky to learn about more our latest interviews: @newbooksnetwork

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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    Latest Episodes:
    Jennifer M. Black, "Branding Trust: Advertising and Trademarks in Nineteenth-Century America" (U Pennsylvania Press, 2023) May 01, 2024
    Show notes

    In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted?

    Through wide-ranging visual and textual evidence, including a robust selection of early advertisements, Branding Trust: Advertising and Trademarks in Nineteenth-Century America (University of Pennsylvania Press, 2023) by Dr. Jennifer M. Black tells the story of how advertising evolved to meet these challenges, tracing the themes of character and class as they intertwined with and influenced graphic design, trademark law, and ideas about ethical business practice in the United States.

    As early as the 1830s, printers, advertising agents, and manufacturers collaborated to devise new ways to advertise goods. They used eye-catching designs and fonts to grab viewers’ attention and wove together meaningful images and prose to gain the public’s trust. At the same time, manufacturers took legal steps to safeguard their intellectual property, formulating new ways to protect their brands by taking legal action against counterfeits and frauds. By the end of the nineteenth century, these advertising and legal strategies came together to form the primary components of modern branding: demonstrating character, protecting goodwill, entertaining viewers to build rapport, and deploying the latest graphic innovations in print. Trademarks became the symbols that embodied these ideas—in print, in the law, and to the public.

    Branding Trust thus identifies and explains the visual rhetoric of trust and legitimacy that has come to reign over American capitalism. Though the 1920s has often been held up as the birth of modern advertising, Dr. Black argues that advertising professionals had in fact learned how to navigate public relations over the previous century by adapting the language, imagery, and ideas of the American middle class.


    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.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    David Pozen, "The Constitution of the War on Drugs" (Oxford UP, 2024) Apr 28, 2024
    Show notes

    David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, The Constitution of the War on Drugs (Oxford UP, 2024). An expert in constitutional law, Pozen argues that the drug war has been an unmitigated disaster, in terms of money, efficacy, and human rights. But even as activists peel off the drug war’s more unsavory aspects through cannabis and psychedelic legalization, Pozen also argues that they’ve neglected to consider the impact America’s courts could have on rectifying oppressive drug laws.

    It wasn’t always this way. The Constitution of the War on Drugs also details the “hidden history” of a brief legal moment in the late 1960s and early 1970s when lawyers effectively argued for liberalized drug policies – on the sound basis of the Constitution. The moment was eventually overturned, but Pozen argues it could be a useful historical lesson for people interested in the effects of constitutional law on the drug war today.

    A link to the digital edition of The Constitution of the War on Drugs will soon be available here.

    Emily Dufton is the author of Grass Roots: The Rise and Fall and Rise of Marijuana in America (Basic Books, 2017). A drug historian and writer, her second book, on the development of the opioid addiction medication industry, is coming out soon from the University of Chicago Press.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Leigh Gilmore, "The #MeToo Effect: What Happens When We Believe Women" (Columbia UP, 2023) Apr 27, 2024
    Show notes

    The #MeToo movement inspired millions to testify to the widespread experience of sexual violence. More broadly, it shifted the deeply ingrained response to women’s accounts of sexual violence from doubting all of them to believing some of them. What changed?

    In The #MeToo Effect: What Happens When We Believe Women (Columbia UP, 2023), Leigh Gilmore provides a new account of #MeToo that reveals how storytelling by survivors propelled the call for sexual justice beyond courts and high-profile cases. At a time when the cultural conversation was fixated on appeals to legal and bureaucratic systems, narrative activism— storytelling in the service of social change—elevated survivors as authorities. Their testimony fused credibility and accountability into the #MeToo effect: uniting millions of separate accounts into an existential demand for sexual justice and the right to be heard.

    Gilmore reframes #MeToo as a breakthrough moment within a longer history of feminist thought and activism. She analyzes the centrality of autobiographical storytelling in intersectional and antirape activism and traces how literary representations of sexual violence dating from antiquity intertwine with cultural notions of doubt, obligation, and agency. By focusing on the intersectional prehistory of #MeToo, Gilmore sheds light on how survivors have used narrative to frame sexual violence as an urgent problem requiring structural solutions in diverse global contexts. Considering the roles of literature and literary criticism in movements for social change, The #MeToo Effect demonstrates how “reading like a survivor” provides resources for activism.

    Jane Scimeca is Professor of History at Brookdale Community College. @JaneScimeca1

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Anu Bradford, "Digital Empires: The Global Battle to Regulate Technology" (Oxford UP, 2023) Apr 24, 2024
    Show notes

    The global battle among the three dominant digital powers―the United States, China, and the European Union―is intensifying. All three regimes are racing to regulate tech companies, with each advancing a competing vision for the digital economy while attempting to expand its sphere of influence in the digital world. In Digital Empires: The Global Battle to Regulate Technology (Oxford UP, 2023), her provocative follow-up to The Brussels Effect, Anu Bradford explores a rivalry that will shape the world in the decades to come.

    Across the globe, people dependent on digital technologies have become increasingly alarmed that their rapid adoption and transformation have ushered in an exceedingly concentrated economy where a few powerful companies control vast economic wealth and political power, undermine data privacy, and widen the gap between economic winners and losers. In response, world leaders are variously embracing the idea of reining in the most dominant tech companies. Bradford examines three competing regulatory approaches―the American market-driven model, the Chinese state-driven model, and the European rights-driven regulatory model―and discusses how governments and tech companies navigate the inevitable conflicts that arise when these regulatory approaches collide in the international domain. Which digital empire will prevail in the contest for global influence remains an open question, yet their contrasting strategies are increasingly clear.

    Digital societies are at an inflection point. In the midst of these unfolding regulatory battles, governments, tech companies, and digital citizens are making important choices that will shape the future ethos of the digital society. Digital Empires lays bare the choices we face as societies and individuals, explains the forces that shape those choices, and illuminates the immense stakes involved for everyone who uses digital technologies.

    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.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Egor Lazarev, "State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya" (Cambridge UP, 2023) Apr 13, 2024
    Show notes

    State-Building as Lawfare: Custom, Sharia, and State Law in Postwar Chechnya (Cambridge University Press, 2023) by Dr. Egor Lazarev explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives?

    The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.

    This interview was conducted by Dr. Miranda Melcher whose forthcoming 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.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Rabiat Akande, "Entangled Domains: Empire, Law and Religion in Northern Nigeria" (Cambridge UP, 2023) Apr 06, 2024
    Show notes

    Set in Colonial Northern Nigeria, this book confronts a paradox: the state insisted on its separation from religion even as it governed its multireligious population through what remained of the precolonial caliphate. Entangled Domains: Empire, Law and Religion in Northern Nigeria(Cambridge UP, 2023) grapples with this history to offer a provocative account of secularism as a contested yet contingent mode of governing religion and religious difference. Drawing on detailed archival research, Rabiat Akande vividly illustrates constitutional struggles triggered by the colonial state's governance of religion and interrogates the legacy of that governance agenda in the postcolonial state. This book is a novel commentary on the dynamic interplay between law, faith, identity, and power in the context of the modern state's emergence from colonial processes.

    Dr. Akande is currently an Assistant Professor in the Osgoode Hall Law School at York University in Canada and chairs the international legal history project at the African Institute of International Law in Arusha. Previously, she was a postdoctoral fellow at the Harvard Academy for International and Area Studies as an Academy Scholar from 2019-2021. She received her Doctor of Juridical Science (SJD) degree from Harvard Law School in 2019 with her dissertation, “Navigating Entanglements: Contestations over Religion-State Relations in British Northern Nigeria, c. 1890-1978” receiving the Law and Society in the Muslim World Prize. At Harvard University, Dr. Akande held the Clark Byse fellowship at the Law School and was a Dissertation Fellow and Graduate Student Associate at the Weatherhead Center for International Affairs. She also served on the editorial board of the Harvard International Law Journal. Prior to her graduate work, Dr. Akande obtained her Bachelor of Laws from the University of Ibadan, graduating with First Class Honors and at the top of her class. She later studied at the Nigerian Law School, from which she also graduated with First Class Honors.

    Dr. Katz is currently a postdoc in Grants Operations Management and Creative Engagement at UNC Chapel Hill. She was previously a postdoc in the History Department at Duke University, and a Visiting Assisting Professor at Loyola University New Orleans. She received her PhD in African History from the University of Michigan, Ann Arbor.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Michael LeFebvre, "Collections, Codes, and Torah: The Re-characterization of Israel's Written Law" (Bloomsbury, 2019) Apr 06, 2024
    Show notes

    Scholars of biblical law widely hold that ancient Israel did not draft law-texts for legislative purposes. Little attention has yet been given to explaining how and when later Judaism did come to regard Torah as legislative. As a result, the current consensus (that Ezra introduced legislative uses of Torah) is based on assumptions which have been never tested.

    Join us as we speak with Michael LeFebvre about his book, Collections, Codes, and Torah: The Re-characterization of Israel's Written Law (Bloomsbury, 2019) a study that challenges the current consensus, and presents an alternative hypothesis.

    Michael LeFebvre earned his PhD at the University of Aberdeen. He’s a presbyterian minister living in Indianapolis, Indiana, and a fellow with the Center for Pastor Theologians.

    L. Michael Morales is Professor of Biblical Studies at Greenville Presbyterian Theological Seminary, and the author of The Tabernacle Pre-Figured: Cosmic Mountain Ideology in Genesis and Exodus (Peeters, 2012), Who Shall Ascend the Mountain of the Lord?: A Biblical Theology of Leviticus (IVP Academic, 2015), and Exodus Old and New: A Biblical Theology of Redemption (IVP Academic, 2020). He can be reached at mmorales@gpts.edu

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    W. B. Allen, "Montesquieu's 'The Spirit of the Laws': A Critical Edition" (Anthem Press, 2023) Mar 31, 2024
    Show notes

    The Spirit of the Laws not only systematizes the foundational ideas of “separation of powers” and “balances and checks,” it provides the decisive response to the question of whether power in the nation-state can be limited in the aftermath of the Westphalian settlement of 1648. It describes a civilizational change through which power becomes domesticated, with built-in resistance to attempts to absolutize (or make total) political power. As such, it is the Bible of modern politics, now made more accessible to English readers than it ever has been.

    There have been in English only two prior translations of this work that first appeared in 1748. The deficiencies of those two efforts have been broadly identified in the scholarship. Although the text is still used with regularity in university instruction (having been recovered after a lull in the 1950s and 60s), it deserves – and now receives – a presentation that enhances its usefulness in the analysis both of politics and the philosophical foundations of human life.

    Montesquieu’s singularity – the first secular argument against race-based slavery and only the second secular argument against the servitude of women – provides a special heritage for the modern word to preserve and a key to making operational those fundamental insights within the context of sustained political and cultural development. The replacement of blood and tribe with the universal attributes of humanity (while recognizing the highly variable ecologies of communities) constitutes the single-most important moral and political development of the modern world. And The Spirit of the Laws bears a primary responsibility for that accomplishment. Montesquieu's 'The Spirit of the Laws': A Critical Edition(Anthem Press, 2024)is a worthy translation.

    W. B. Allen studies and writes broadly in political philosophy and history, with special focus on traditions of self-government and liberalism.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Yuliya Zabyelina, "Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime" (Cambridge UP, 2023) Mar 31, 2024
    Show notes

    How do top-level public officials take advantage of immunity from foreign jurisdiction afforded to them by international law? How does the immunity entitlement allow them to thwart investigations and trial proceedings in foreign courts? What responses exist to prevent and punish such conduct?

    In Between Immunity and Impunity: External Accountability of Political Elites for Transnational Crime (Cambridge University Press, 2023), Dr. Yuliya Zabyelina unravels the intricate layers of impunity of political elites complicit in transnational crimes. By examining cases of trafficking in persons and drugs, corruption, and money laundering that implicate heads of state and of government, ministers, diplomats, and international civil servants, she shows that, despite the potential of international law immunity to impede or delay justice, there are prominent instruments of external accountability. Accessible and compelling, this book provides novel insights for readers interested in the close-knit bond between power, illicit wealth, and impunity.

    This interview was conducted by Dr. Miranda Melcher whose forthcoming 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.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


    Ignacio Cofone, "The Privacy Fallacy: Harm and Power in the Information Economy" (Cambridge UP, 2023) Mar 28, 2024
    Show notes

    Our privacy is besieged by tech companies.

    Companies can do this because our laws are built on outdated ideas that trap lawmakers, regulators, and courts into wrong assumptions about privacy, resulting in ineffective legal remedies to one of the most pressing concerns of our generation.

    Drawing on behavioral science, sociology, and economics, Ignacio Cofone challenges existing laws and reform proposals and dispels enduring misconceptions about data-driven interactions. This exploration offers readers a holistic view of why current laws and regulations fail to protect us against corporate digital harms, particularly those created by AI. Cofone then proposes a better response: meaningful accountability for the consequences of corporate data practices, which ultimately entails creating a new type of liability that recognizes the value of privacy.

    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.

    Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law


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