New Books in Law

Latest Episodes:

Loka Ashwood et al., "Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm" (UNC Press, 2023) Jan 24, 2024

Show notes

Since the late 1970s, Right to Farm Laws have been adopted by states across the US to limit nuisance lawsuits against farmers engaged in standard agricultural practices. But who really benefits from Right to Farm Laws? And what can be done to promote real agricultural, rural, and environmental justice? Empty Fields, Empty Promises: A State-By-State Guide to Understanding and Transforming the Right to Farm(UNC Press, 2023) offers valuable history and incisive commentary on these questions.

Since their adoption, there has yet to be a comprehensive analysis of what Right to Farm laws do and who they benefit. This book offers the first national analysis and guide to these laws. It reveals that they generally benefit the largest operators, like processing plants, while traditional farmers benefit the least. Disfavored most of all are those seeking to defend their homes and environment against multinational corporations that use right-to-farm laws to strip neighboring owners of their property rights. Through what the book calls the "midburden," right-to-farm laws dispossess the many in favor of the few, paving the path to rural poverty.

Empty Fields, Empty Promises summarizes every state's right-to-farm laws to help readers track and navigate their local and regional legal landscape. The book concludes by offering paths forward for a more distributed and democratic agrifood system that achieves agricultural, rural, and environmental justice.

The book is available for purchase or for FREE as an Open Access eBook from the University of North Carolina Press.

Loka Ashwood is associate professor of sociology at the University of Kentucky. Her work develops action-centered methodologies that help frontline communities overcome environmental injustices and strengthen democracy. She is the author of For-Profit Democracy: Why the Government Is Losing the Trust of Rural America (2018) and co-author of An Invitation to Environmental Sociology (6th Edition, 2020).
Aimee Imlay is assistant professor of sociology at Mississippi State University.
Lindsay Kuehn is a public defender in Ramsey County, Minnesota, and a staff attorney with the Farmers' Legal Action Group.
Allen Franco is an assistant federal public defender for the districts of Massachusetts, New Hampshire, and Rhode Island.
Danielle Diamond is a visiting fellow at the Brooks McCormick Jr. Animal Law and Policy Program at Harvard Law School.

Garrett Broad is Associate Professor of Communication Studies in Rowan University’s Edelman College of Communication & Creative Arts, where he also serves as Provost’s Fellow in the Catalysts for Sustainability Initiative. His research and teaching explore the connections between contemporary social movements, food systems, and digital media technology. He is the author of More Than Just Food: Food Justice and Community Change, as well as a variety of articles on food's relationship to environmental sustainability, economic equity, and the health of humans and nonhuman animals.

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Cornelia Woll, "Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets" (Princeton UP, 2023) Jan 23, 2024

Show notes

Over the past decade, many of the world’s biggest companies have found themselves embroiled in legal disputes over corruption, fraud, environmental damage, tax evasion, or sanction violations. Corporations including Volkswagen, BP, and Credit Suisse have paid record-breaking fines. Many critics of globalisation and corporate impunity cheer this turn toward accountability. Others, however, question American dominance in legal battles that seem to impose domestic legal norms beyond national boundaries.

In Corporate Crime and Punishment: The Politics of Negotiated Justice in Global Markets (Princeton University Press, 2023), Dr. Cornelia Woll examines the politics of American corporate criminal law’s extraterritorial reach. As governments abroad seek to respond to US law enforcement actions against their companies, they turn to flexible legal instruments that allow prosecutors to settle a case rather than bring it to court. With her analysis of the international and domestic politics of law enforcement targeting big business, Woll traces the rise of what she calls “negotiated corporate justice” in global markets.

Woll charts the path to this shift through case studies of geopolitical tensions and accusations of “economic lawfare,” pitting the United States against the European Union, China, and Japan. She then examines the reactions to the new legal landscape, describing institutional changes in the common law countries of the United Kingdom and Canada and the civil law countries of France, Brazil, and Germany. Through an insightful interdisciplinary analysis of how the prosecution of corporate crime has evolved in the twenty-first century, Dr. Woll demonstrates the profound transformation of the relationship between states and private actors in world markets, showing that law is part of economic statecraft in the connected global economy.

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.

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Robert C. Post, "The Taft Court (10): Making Law for a Divided Nation, 1921–1930" (Cambridge UP, 2023) Jan 19, 2024

Show notes

Robert C. Post's book The Taft Court (10): Making Law for a Divided Nation, 1921–1930 (Cambridge UP, 2023) offers the definitive history of the Supreme Court from 1921 to 1930 when William Howard Taft was Chief Justice. Using untapped archival material, Robert C. Post engagingly recounts the ambivalent effort to create a modern American administrative state out of the institutional innovations of World War I. He shows how the Court sought to establish authoritative forms of constitutional interpretation despite the culture wars that enveloped prohibition and pervasive labor unrest. He explores in great detail how constitutional law responds to altered circumstances. The work provides comprehensive portraits of seminal figures such as Oliver Wendell Holmes Jr. and Louis Dembitz Brandeis. It describes William Howard Taft's many judicial reforms and his profound alteration of the role of Chief Justice. A critical and timely contribution, The Taft Court sheds light on jurisprudential debates that are just as relevant today as they were a century ago.

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Paul Gowder, "The Networked Leviathan: For Democratic Platforms" (Cambridge UP, 2023) Jan 17, 2024

Show notes

Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet, so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies.

In The Networked Leviathan: For Democratic Platforms (Cambridge UP, 2023), Paul Gowder argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity.

This book is also available open access on Cambridge Core.

Paul Gowder is Professor of Law and Associate Dean of Research and Intellectual Life at Northwestern University's Pritzker School of Law and a Founding Fellow of the Integrity Institute. He is the author of The Rule of Law in the Real World and The Rule of Law in the United States: An Unfinished Project of Black Liberation.

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Aimee Loiselle, "Beyond Norma Rae: How Puerto Rican and Southern White Women Fought for a Place in the American Working Class" (UNC Press, 2023) Jan 17, 2024

Show notes

In the late 1970s, Hollywood producers took the published biography of Crystal Lee Sutton, a white southern textile worker, and transformed it into a blockbuster 1979 film, Norma Rae, featuring Sally Field in the title role. This fascinating book reveals how the film and the popular icon it created each worked to efface the labor history that formed the foundation of the film's story. Drawing on an impressive range of sources--union records, industry reports, film scripts, and oral histories--Aimee Loiselle's cutting-edge scholarship shows how gender, race, culture, film, and mythology have reconfigured and often undermined the history of the American working class and their labor activism.

While Norma Rae constructed a powerful image of individual defiance by a white working-class woman, Loiselle's Beyond Norma Rae: How Puerto Rican and Southern White Women Fought for a Place in the American Working Class(University of North Carolina Press, 2023) demonstrates that female industrial workers across the country and from diverse racial backgrounds understood the significance of cultural representation and fought to tell their own stories. Loiselle painstakingly reconstructs the underlying histories of working women in this era and makes clear that cultural depictions must be understood as the complicated creations they are.

Aimee Loiselle is assistant professor of history at Central Connecticut State University.

Caleb Zakarin is the Assistant Editor of the New Books Network.

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Patricio Simonetto, "A Body of One's Own: A Trans History of Argentina" (U Texas Press, 2024) Jan 15, 2024

Show notes

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own: A Trans History of Argentina (University of Texas Press, 2024) places the histories of trans bodies at the core of modern Argentinian history. Dr. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone.

A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.

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.

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Alexandra Filindra, "Race, Rights, and Rifles: The Origins of the NRA and Contemporary Gun Culture" (U Chicago Press, 2023) Jan 15, 2024

Show notes

The United States has more guns than people and more gun violence than any Western democracy. Scholars in diverse fields interrogate why 21st century Americans support gun ownership and valorize vigilantism even as they fear gun violence. Many question how the NRA – National Rifle Association – has successfully lobbied for radical gun laws that most Americans don’t support.

In Race, Rights, and Rifles: The Origins of the NRA and Contemporary Gun Culture (U Chicago Press, 2023), Dr. Alexandra Filindra highlights political culture. She argues that the NRA depends upon political narratives that can be traced back to the American Revolution. Rather than focus on the constitution, Lockean liberalism, rule of law, or individual rights, she argues that the American Revolution depended upon classical republican ideals – especially the martial virtue of the citizen-soldier – that became foundational to American democracy. American gun culture fuses the republican citizen-soldier with White male supremacy to create what Filindra calls ascriptive martial republicanism. Her book demonstrates how the militarized understandings of political membership prominent in NRA narratives and embraced by many White Americans fit within this broader revolutionary ideology.

Even as contemporary NRA narratives embrace 18th and 19th century versions of ascriptive martial republicanism, the NRA radically decouples political virtue and military service by associating virtue with the consumer act of purchasing a firearm. Rather than emphasizing military service or preparedness, consumer choice defines the politically virtuous citizen.

White Amerians embrace this combination of civic republicanism and White male supremacy but Filindra’s research shows that they also hold a competing form of republicanism (inclusive republicanism) that includes a commitment to peaceful political engagement, civic forms of voluntarism and participation, and a strong belief in multiculturalism.

In the podcast, Susan mentions previous podcasts on Katherine Franke’s Repair: Redeeming the Promise of Abolition and Drew McKevitt’s Gun Country: Gun Capitalism, Culture, and Control in Cold War America.

Dr. Alexandra Filindra is an Associate Professor of Political Science and Psychology at the University of Illinois Chicago. She specializes in American gun politics, immigration policy, race and ethnic politics, public opinion, and political psychology.

George Lobis served as the editorial assistant for this podcast.

Susan Liebell is a Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Justine Nolan and Martijn Boersma, "Addressing Modern Slavery" (UNSW Press, 2019) Jan 14, 2024

Show notes

Before you left your house this morning, chances are that you used products and consumed goods that were produced by modern slavery. From the coffee you drink, to the clothes and shoes that you wear, to the phone that you use, modern slavery is a pervasive global problem that encroaches into the daily lives of all of us.

In Addressing Modern Slavery (UNSW Press, 2019),Professor Justine Nolan and Associate Professor Martijn Boersma provide a comprehensive and accessible account of the role of businesses, governments and consumers in the proliferation of modern slavery. They address both the gaps in protection of workers in the global supply chain, and what more can be done to protect the dignity and human rights who are denied the chance to earn a decent living. In today's conversation, we spoke about the emergence of corporate social conscience, the work that laws can do, the role that civil society can play, and a need for better enforcement mechanisms which will adequately address modern slavery. This is a really important book about a global phenomenon that is unsustainable. A must read for businesses, governments and consumers.

Professor Justine Nolan is the Director of the Australian Human Rights Institute and a Professor in the Faculty of Law and Justice at UNSW Sydney. Her research focuses on the intersection of business and human rights, in particular, supply chain responsibility for human rights and modern slavery.

Dr. Martijn Boersma is an Associate Professor at the University of Notre Dame Australia and an Adjunct Fellow at the University of Technology Business School. His research focuses on the intersection of business and society, and includes areas such as labour standards in supply chains; corporate governance and social responsibility; gender diversity in corporate leadership; modern slavery; and employment and industrial relations.

Jane Richards is a Lecturer in Law at York Law School, UK.

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Sam Lebovic, "State of Silence: The Espionage Act and the Rise of America's Secrecy Regime" (Basic Book, 2023) Jan 12, 2024

Show notes

In State of Silence: The Espionage Act and the Rise of America's Secrecy Regime (Basic Books, 2023), political historian Dr. Sam Lebovic uncovers the troubling history of the Espionage Act. First passed in 1917, it was initially used to punish critics of World War I. Yet as Americans began to baulk at the act’s restrictions on political dissidents and the press, the government turned its focus toward keeping its secrets under wraps. The resulting system for classifying information is absurdly cautious, staggeringly costly, and shrouded in secrecy, preventing ordinary Americans from learning what their country is doing in their name, both at home and abroad.

Shedding new light on the bloated governmental security apparatus that’s weighing our democracy down, State of Silence offers the definitive history of America’s turn toward secrecy—and its staggering human costs.

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Judith Surkis, "Sex, Law, and Sovereignty in French Algeria, 1830-1930" (Cornell UP, 2019) Jan 12, 2024

Show notes

Judith Surkis's Sex, Law, and Sovereignty in French Algeria, 1830-1930 (Cornell UP, 2019) traces the intersection of colonialism, law, land expropriation, sex, gender, and family during the century after the French conquest of Algeria in 1830. Seeking to assimilate Algerian land while differentiating Algerian Muslims from European settlers, colonial authorities developed a system that confined Muslim law to family matters while subjecting Algerian property to French Civil law. Securing and extending French sovereignty over Algeria, this system deprived Algerian Muslims of full citizenship rights while reinforcing French colonial authority.

Sex, Law, and Sovereignty is a rigorous and provocative critical "history of the present" that illuminates the persistence of the "Muslim question" in contemporary France. In chapters focused on polygamy, repudiation, and child marriage, the book traces the ways that the French fantasies of the family, including the sexualization of Muslim women and a preoccupation with the sexual "excesses" of Muslim men, found expression in legislation that segregated the legal control of property from the regulation of bodies, beliefs, and personhood. A fascinating genealogy that understands colonial law and the problem of difference within a broader cultural field, the book is an impressive, compelling analysis with striking resonances for a Franco-Algerian present still shaped by the legacies of the colonial past.

Roxanne Panchasi is an Associate Professor of History at Simon Fraser University in Vancouver, Canada who specializes in twentieth and twenty-first century France and its empire. If you have a recent title to suggest for the podcast, please send her an email (panchasi@sfu.ca).

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