New Books in Law

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Material Witness: Media, Forensics, Evidence May 06, 2023

Show notes

Susan Schuppli is Director of the Centre for Research Architecture in the Department of Visual Cultures at Goldsmiths, University of London. In her book, Material Witnesss, her research is an exploration of the evidential role of matter in contexts including the natural disaster, climate change, and conflict zones. In this interview she discusses her work as a writer, artist and educator.

The evidential role of matter--when media records trace evidence of violence--explored through a series of cases drawn from Kosovo, Japan, Vietnam, and elsewhere.

In this book, Susan Schuppli introduces a new operative concept: material witness, an exploration of the evidential role of matter as both registering external events and exposing the practices and procedures that enable matter to bear witness. Organized in the format of a trial, Material Witness moves through a series of cases that provide insight into the ways in which materials become contested agents of dispute around which stake holders gather.

These cases include an extraordinary videotape documenting the massacre at Izbica, Kosovo, used as war crimes evidence against Slobodan Milosevic; the telephonic transmission of an iconic photograph of a South Vietnamese girl fleeing an accidental napalm attack; radioactive contamination discovered in Canada's coastal waters five years after the accident at Fukushima Daiichi; and the ecological media or "disaster film" produced by the Deep Water Horizon oil spill in the Gulf of Mexico. Each highlights the degree to which a rearrangement of matter exposes the contingency of witnessing, raising questions about what can be known in relationship to that which is seen or sensed, about who or what is able to bestow meaning onto things, and about whose stories will be heeded or dismissed.

An artist-researcher, Schuppli offers an analysis that merges her creative sensibility with a forensic imagination rich in technical detail. Her goal is to relink the material world and its affordances with the aesthetic, the juridical, and the political.

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Rupal Oza, "Semiotics of Rape: Sexual Subjectivity and Violation in Rural India" (Duke UP, 2022) May 06, 2023

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In Semiotics of Rape: Sexual Subjectivity and Violation in Rural India (Duke UP, 2022), Rupal Oza follows the social life of rape in rural northwest India to reveal how rape is not only a violation of the body but a language through which a range of issues—including caste and gender hierarchies, control over land and labor, and the shape of justice—are contested. Rather than focus on the laws governing rape, Oza closely examines rape charges to show how the victims and survivors of rape reclaim their autonomy by refusing to see themselves as defined entirely by the act of violation. Oza also shows how rape cases become arenas where bureaucrats, village council members, caste communities, and the police debate women’s sexual subjectivities and how those varied understandings impact the status and reputations of individuals and groups. In this way, rape gains meaning beyond the level of the survivor and victim to create a social category. By tracing the shifting meanings of sexual violence and justice, Oza offers insights into the social significance of rape in India and beyond.

Iqra Shagufta Cheema writes and teaches in the areas of media cultures, postcolonial literatures, transnational feminisms, gender and sexuality studies, and global south film studies. Check out her upcoming books: The Other #MeToos and ReFocus: The Films of Annemarie Jacir. Follow her on Twitter

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Masterpiece Cakeshop and the Cost of My Faith: A Conversation with Jack Phillips and Jake Warner May 05, 2023

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Jack Phillips is the owner of Masterpiece Cakeshop in Lakewood, Colorado. In 2012, Jack Phillips declined to create a custom wedding cake celebrating a so-called same-sex marriage. The men who requested the cake filed a charge with the Colorado Civil Rights Commission, beginning a legal battle that reached the U.S. Supreme Court. Jack Phillips joins the show to discuss his new book, The Cost of My Faith: How a Decision in My Cake Shop Took Me to the Supreme Court. Joining Jack is Jake Warner, legal counsel for Alliance Defending Freedom’s Appellate Team.

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Reece Jones, "White Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall" (Beacon Press, 2021) May 04, 2023

Show notes

Recent racist anti-immigration policies, from the border wall to the Muslim ban, have left many Americans wondering: How did we get here? InWhite Borders: The History of Race and Immigration in the United States from Chinese Exclusion to the Border Wall (Beacon Press, 2021), Dr. Reece Jones reveals the painful answer: although the US is often mythologized as a nation of immigrants, it has a long history of immigration restrictions that are rooted in the racist fear of the “great replacement” of whites with non-white newcomers. After the arrival of the first slave ship in 1619, the colonies that became the United States were based on the dual foundation of open immigration for whites from Northern Europe and the racial exclusion of slaves from Africa, Native Americans, and, eventually, immigrants from other parts of the world.

Jones' scholarship shines through his extensive research of the United States’ racist and xenophobic underbelly. He connects past and present to uncover the link between the Chinese Exclusion laws of the 1880s, the “Keep America American” nativism of the 1920s, and the “Build the Wall” chants initiated by former president Donald Trump in 2016. Along the way, we meet a bizarre cast of anti-immigration characters, such as John Tanton, Cordelia Scaife May, and Stephen Miller, who pushed fringe ideas about “white genocide” and “race suicide” into mainstream political discourse. Through gripping stories and in-depth analysis of major immigration cases, Jones explores the connections between anti-immigration hate groups and the Republican Party. What is laid bare after his examination is not just the intersection between white supremacy and anti-immigration bias but also the lasting impacts this perfect storm of hatred has had on United States law.

Nicole Trujillo-Pagán is a sociologist and Associate Professor at Wayne State University who studies race, the Latina/o/x population, and socio-spatial mobility. You can follow her on Twitter @BorderStruggles.

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Henrik Örnebring and Michael Karlsson, "Journalistic Autonomy: The Genealogy of a Concept" (U Missouri Press, 2022) May 03, 2023

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Journalists around the world agree that autonomy is central to their work, but what exactly is it journalists should be autonomous from, and for what should they use this autonomy? Henrik Örnebring and Michael Karlsson discuss their book Journalistic Autonomy: The Genealogy of a Concept (University of Missouri Press, 2022), which traces the genealogy of the idea of journalistic autonomy from the press freedom debates of the 17th century up to the digital, networked world of the 21st century.

In a conversation with Joanne Kuai, the authors talk about what is ‘autonomy’ and what it means in the context of journalism, and the journey of exploring the concept, using a theoretical framework that draws upon Friedrich Nietzsche, feminist philosophy, theoretical biology, and other disciplines. They reflect on whether the concept could be applied not only in liberal democracies but also in totalitarian regimes, and also discuss their ideals of journalism as an institution and what conditions are needed to facilitate that.

Henrik Örnebring is Professor of Media and Communication in the Department of Geography, Media, and Communication at Karlstad University, Sweden. Dr. Örnebring has published widely on journalism, media history, and new media in anthologies and scholarly journals and his most recent book is Newsworkers: Comparing Journalists in Six European Countries. He is the Editor-in-Chief of the Oxford Research Encyclopedia of Journalism Studies.

Michael Karlsson is Professor of Media and Communication in the Department of Geography, Media and Communication at Karlstad University, Sweden. He has primarily published on issues pertaining to the digitalization of journalism. He is also the author of Transparency and Journalism: A Critical Appraisal of a Disruptive Norm. His is co-editor of Rethinking Research Methods in an Age of Digital Journalism. He is a Senior Editor of the Oxford Research Encyclopedia of Journalism Studies.

Joanne Kuai is a PhD Candidate at Karlstad University, Sweden, with a research project on Artificial Intelligence in Chinese Newsrooms. Her research interests centre around data and AI for media, computational journalism, and the social implications of automation and algorithms. Find her on LinkedIn or Twitter @JoanneKuai.

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Rachel Dunn et al., "What Is Legal Education For?" (Routledge, 2022) May 02, 2023

Show notes

This book delves deep into the question of what is legal education for? Who does it serve, and how, as educators can we reflect on what we deliver in the law classroom? In answering this question, What is Legal Education For? Re-assessing the Purposes of Early Twenty-First Century Learning and Law Schools(Routledge 2022), editors Dr Rachel Dunn, Professor Paul Maharg and Dr Victoria Roper bring together a collection that grew out of a Modern Law Review Seminar, which celebrated the works of Peter Birks' earlier collection, Pressing Problems in the Law: What is the Law School for? (1996). What is fascinating about this collection is that each chapter offers a unique lens of analysis to consider the role of legal education in society, from the perspective of lawyers, educators and students. We had a really great discussion which considers the challenges that legal educators face, specially with regard to the increasing corporatisation of law schools and what this means both from an international perspective, and also for students from minority backgrounds. This book will be useful for anyone interested in law, law teaching and lawyering, and marks an essential contribution in the evolution of legal pedagogy.

Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK.

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Defending Academic Freedom: A Conversation with Keith Whittington May 01, 2023

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What is academic freedom for? What are the greatest threats to academic freedom today? Should Critical Race Theory be taught on college campuses? What about in K-12 classrooms? Keith Whittington, Chairman of the Academic Freedom Alliance's Academic Committee and the William Nelson Cromwell Professor of Politics at Princeton University, joins the show to answer these questions and discuss the work of the Academic Freedom Alliance.

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All Men Are Created Equal: A Conversation with Allen C. Guelzo Apr 27, 2023

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Is the Declaration of Independence unique? Does the Declaration prescribe a form of government? What is the relationship between the Declaration and the Constitution? Allen C. Guelzo, Director of the James Madison Program's Initiative on Politics and Statesmanship, joins the show to answer these questions and more.

Guelzo's essay "Harry and me" can be found here.

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Paul A. Lombardo, "Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell" (Johns Hopkins UP, 2022) Apr 24, 2023

Show notes

“Three generations of imbeciles are enough” were the infamous words U.S. Supreme Court Justice Oliver Wendell Holmes Jr. wrote in 1927. In Buck v. Bell, an almost unanimous Court upheld a Virginia law allowing the sterilization of people the state found to be “socially inadequate” and “feebleminded.” This landmark decision allowed the eugenics movement to take full effect, with multiple states passing similar laws.

In Three Generations, No Imbeciles: Eugenics, the Supreme Court, and Buck v. Bell(Johns Hopkins UP, 2022), Dr. Paul Lombardo unpacks the case of an individual – Carrie Buck – to argue that the case not only represents the collective power of the eugenics movement in the early 20th century but an individual miscarriage of justice. Using extensive archival sources, Dr. Lombardo demonstrates that Carrie Buck was neither a “moral degenerate” or “feeble-minded.” She was a rape victim of sound mind. Her sterilization was based on fraudulent evidence. The powerful eugenics lobby manufactured a case – and a sympathetic court gave them a precedent that justified Carrie Buck’s sterilization – and over 60,000 sterilizations in the following decades.

Three Generations, No Imbeciles frames the history of sterilization as essential to understanding contemporary legal fights over birth control and abortion. Does the constitution’s promise of “liberty” include the right to become pregnant or end a pregnancy? Dr. Lombardo’s epilogue and afterward outlines the connections between Buck and modern cases involving abortion, disability rights, and reparations for those sterilized. Originally published in 2008, the book has been updated in 2022 with a terrific epilogue and afterward with an eye towards contemporary events in reproductive politics.

Dr. Paul A. Lombardo is Regents’ Professor and Bobby Lee Cook Professor of Law at the Center for Law, Health & Society at Georgia State University. He has published extensively on topics in health law, medico-legal history, and bioethics and is best known for his work on the legal history of the American eugenics movement. His website houses the images and all documents discussed in the podcast including the petition for rehearing created by the National Council of Catholic Men.

Daniela Campos served as the editorial assistant for this podcast.

Susan Liebell is Dirk Warren '50 Professor of Political Science at Saint Joseph’s University in Philadelphia.

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Kerri Lynn Stone, "Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity" (Cambridge UP, 2022) Apr 21, 2023

Show notes

More than fifty years of civil rights legislation and movements have not ended employment discrimination. Kerri Lynn Stone's Panes of the Glass Ceiling: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity (Cambridge UP, 2022) reframes the discourse about the "glass ceiling" that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute "panes" and ("pains") to the "glass ceiling." Each chapter identifies an "unspoken belief" and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced - even taboo - beliefs, we can better address and confront them and the problems they cause.

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