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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:
    Foluke Adebisi, "Decolonisation and Legal Knowledge: Reflections on Power and Possibility" (Bristol UP, 2023) Apr 02, 2023
    Show notes

    Folúkẹ́ Adébísí’s Decolonisation and Legal Knowledge: Reflections on Power and Possibility(Bristol UP, 2023) details the ways in which the law is heavily implicated in creating, maintaining, and reproducing racialized hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonization and explores how this examination can inform teaching, researching, and practicing of law. Furthermore, the book explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonization to produce legal knowledge for flourishing futures.

    Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work.

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


    Rose Parfitt, "The Process of International Legal Reproduction: Inequality, Historiography, Resistance" (Cambridge UP, 2019) Mar 31, 2023
    Show notes

    Rose Parfitt is a Senior Lecturer in Law at the University of Kent and the author of The Process of International Legal Reproduction: Inequality, Historiography, Resistance(Cambridge University Press, 2019). That all states are free and equal under international law is axiomatic to the discipline. Yet even a brief look at the dynamics of the international order calls that axiom into question. Mobilizing fresh archival research and drawing on a tradition of unorthodox Marxist and anti-colonial scholarship, Rose Parfitt develops a new 'modular' legal historiography to make sense of the paradoxical relationship between sovereign equality and inequality. Juxtaposing a series of seemingly unrelated histories against one another, including a radical re-examination of the canonical story of Fascist Italy's invasion of Ethiopia, The Process of International Legal Reproduction exposes the conditional nature of the process through which international law creates and disciplines new states and their subjects. The result is a powerful critique of international law's role in establishing and perpetuating inequalities of wealth, power, and pleasure, accompanied by a call to attend more closely to the strategies of resistance that are generated in that process.

    Vladislav Lilic is a doctoral candidate in Modern European History at Vanderbilt University.

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


    Elizabeth M. Renieris, "Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse" (MIT Press, 2023) Mar 31, 2023
    Show notes

    Why laws focused on data cannot effectively protect people—and how an approach centered on human rights offers the best hope for preserving human dignity and autonomy in a cyberphysical world.

    Ever-pervasive technology poses a clear and present danger to human dignity and autonomy, as many have pointed out. And yet, for the past fifty years, we have been so busy protecting data that we have failed to protect people. In Beyond Data: Reclaiming Human Rights at the Dawn of the Metaverse (MIT Press, 2023), Elizabeth Renieris argues that laws focused on data protection, data privacy, data security and data ownership have unintentionally failed to protect core human values, including privacy. And, as our collective obsession with data has grown, we have, to our peril, lost sight of what’s truly at stake in relation to technological development—our dignity and autonomy as people.

    Far from being inevitable, our fixation on data has been codified through decades of flawed policy. Renieris provides a comprehensive history of how both laws and corporate policies enacted in the name of data privacy have been fundamentally incapable of protecting humans. Her research identifies the inherent deficiency of making data a rallying point in itself—data is not an objective truth, and what’s more, its “entirely contextual and dynamic” status makes it an unstable foundation for organizing. In proposing a human rights–based framework that would center human dignity and autonomy rather than technological abstractions, Renieris delivers a clear-eyed and radically imaginative vision of the future.

    At once a thorough application of legal theory to technology and a rousing call to action, Beyond Data boldly reaffirms the value of human dignity and autonomy amid widespread disregard by private enterprise at the dawn of the metaverse.

    Jake Chanenson is a computer science Ph.D. 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


    Susan Burgess, "LGBT Inclusion in American Life: Pop Culture, Political Imagination, and Civil Rights" (NYU Press, 2023) Mar 30, 2023
    Show notes

    LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights(NYU Press, 2023) is a tour de force that weaves together the various narratives about the transformation of a counter public, in this case, LBGT citizens, into rights bearing citizenship, and the transformation of mainstream political and cultural narratives, incorporating shifting conceptions that open up space for this integration. As Political Scientist Susan Burgess explains throughout the book, a basic exploration of public opinion data reflects the substantial shift that many Americans have had in their thinking about individuals who are part of the LGBT community, and about the community itself. But the public opinion data only goes so far in telling the story of this rapid transformation. Using the American political development framework of political time, Burgess sees profound political transformation, but through what she describes as queered political time, noting that substantive ideas in this context are vitally important. Thus, the focus of LGBT Inclusion in American Life is on the space where narratives and imagination are able to project new ideas that can then open up our thinking and provide opportunities to re-imagine fundamental social and political concepts.

    Political imagination gives us a chance to consider alternatives; we can see new or different worlds that provide us with different ways to think about institutions and power, about families, about gender and sexuality. This space also provides us with paths into thinking about the future. Burgess focuses on worlds that have been created in popular culture that construct different situations, or that deconstruct our ideas and we can imagine what might come out of that deconstruction. Through plays, television shows, and movies, as are the focus here, we can see power—which is at the heart of politics—differently conceived, implemented, constructed, wielded. Burgess integrates nuanced and important analyses of popular culture artifacts like Bond films, war movies, and family-focused television series to tease apart the shifting ideas of individual and community moral standards (movies about military service), masculinity (Bond films), and the family (Leave It to Beaver, 30something, The Americans). Each section of the book examines the particular theme that is connected to the “central pillars of LBGT freedoms” like the right to marry legally, the right to serve openly in the U.S. military, and the right to have consensual adult sex without fear of criminal penalty. The legality of these rights shifted rather quickly over the past twenty years, and Burgess’ research dives into the connection between popular culture’s imagined spaces and the demand and reality of lived experiences. LGBT Inclusion in American Life: Pop Culture, Political Imaginations, and Civil Rights essentially provides the “rest of the story” – analyzing how these spaces of political imagination supplemented Americans’ understandings of the LBGT community and the individuals within that community, not necessarily through representation, but through changing narratives and expansive storytelling and world building.

    Lilly J. Goren is a professor of political science at Carroll University in Waukesha, WI. She is co-editor of The Politics of the Marvel Cinematic Universe (University Press of Kansas, 2022), as well as co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), Email her comments at lgoren@carrollu.edu or tweet to @gorenlj.

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


    Administrative State 101: A Conversation with Adam J. White Mar 30, 2023
    Show notes

    What is the Administrative State? Where did it come from? Is it a cause for concern or celebration? Adam J. White, Resident Scholar at the American Enterprise Institute and Director of the C. Boyden Gray Center for the Study of the Administrative State at George Mason University's Antonin Scalia Law School, answers these questions and more.

    You can read White's Atlantic article "A Republic, If We Can Keep It" here.

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


    Woodrow Hartzog, "Privacy's Blueprint: The Battle to Control the Design of New Technologies" (Harvard UP, 2018) Mar 28, 2023
    Show notes

    Every day, Internet users interact with technologies designed to undermine their privacy. Social media apps, surveillance technologies, and the Internet of Things are all built in ways that make it hard to guard personal information. And the law says this is okay because it is up to users to protect themselves―even when the odds are deliberately stacked against them.

    In Privacy's Blueprint: The Battle to Control the Design of New Technologies (Harvard UP, 2018), Woodrow Hartzog pushes back against this state of affairs, arguing that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information.

    Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy’s Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. The law can demand encryption. It can prohibit malicious interfaces that deceive users and leave them vulnerable. It can require safeguards against abuses of biometric surveillance. It can, in short, make the technology itself worthy of our trust.

    Jake Chanenson is a computer science Ph.D. 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


    David Houston Jones, "Visual Culture and the Forensic: Culture, Memory, Ethics" (Routledge, 2022) Mar 22, 2023
    Show notes

    The relationship between images and truth has a complicated history. In the Western tradition, the Kantian settlement on aesthetic judgment as detached from external interests gave rise to artistic production of images that were read with epistemic authority. But the advent of modernity has at once shaken this certainty and reinforced it. No sooner than we reckoned with the singular history painting and illustrated magazines, we have landed in a mass-media world where any possible image can and does exist.

    And the more we are surrounded by images, the greater claims they make. Photographs are not only routinely used to convey news, they are used to establish what is and isn’t true. The crime scene photograph is now as likely to be used in a court of law as in a newspaper infographic explainer. The artifact is at once the evidentiary carrier of truth and a visualisation used to confirm it. It creates meaning and it argues for it

    Visual Culture and the Forensic: Culture, Memory, Ethics(Routledge, 2022) bridges practices conventionally understood as forensic, such as crime scene investigation, and the broader field of activity which the forensic now designates, for example, in performance and installation art, or photography. Such work responds to the object-oriented culture associated with the forensic and offers a reassessment of the relationship of human voice and material evidence.

    David Houston Jones speaks to Pierre d’Alancaisez about the evidentiary and forensic burden of art and photography, the artifice of crime imaging, the visual traces of data, and the ontology of data and objects.

    • Angela Strassheim’s Evidence
    • Melanie Pullen’s Crime Scenes, Hugo’s Camera
    • The death of Alan Kurdi and Ai WeiWei’s restaging of the scene
    • Kathryn Smith’s Incident Room: Jacoba ‘Bubbles’ Shroeder, 1949-2012
    • Luc Delahaye
    • Horace Vernet
    • Trevor Paglen’s Autonomy Cube
    • Laura Poitras’ Citizenfour
    • Julian Charrière’s Blue Fossil Entropic Stories, 2013
    • Simon Norkfolk’s When I am Laid in Earth
    • Cory Arcangel’s Data Diaries, 2003
    • Interview with Eyal Weizmann and Matthew Keenan on Forensic Aesthetics and the practice of Forensic Architecture
    • Josef Mengele’s bones used in forensic identification
    • Forensic Architecture‘s investigations
    • Interview with Toby Green and Thomas Fazi on The Covid Consensus.


    David Houston Jones is Professor of French and Visual Culture at the University of Exeter.

    Pierre d’Alancaisez is a contemporary art curator, cultural strategist, researcher. Sometime scientist, financial services professional.

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


    Leigh Goodmark, "Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism" (U California Press, 2023) Mar 22, 2023
    Show notes

    Leigh Goodmark’s new book, Imperfect Victims: Criminalized Survivors and the Promise of Abolition Feminism (U California Press, 2023), uses the stories of individual criminalized survivors of gender based violence to illuminate the ways that the criminal legal system perpetuates violence against the very women, transgender people, and gender non-conforming people it claims to protect. Leigh argues that reform is not the answer to this problem, and that instead of limiting our efforts and imaginations to the pursuit of reforms that ultimately expand the reach of the criminal legal system, we should invest in abolition feminism and a world of non-carceral supports and resources like housing, healthcare, and education instead of arrest, prosecution, and incarceration.

    Kendall Dinniene is a fourth year English PhD student at Southern Methodist University in Dallas, Texas. Their research examines how contemporary American authors respond to anti-fatness in their work.

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


    Daniel L. Hatcher, "Injustice, Inc.: How America's Justice System Commodifies Children and the Poor" (U California Press, 2023) Mar 21, 2023
    Show notes

    Injustice, Inc.: How America's Justice System Commodifies Children and the Poor(U California Press, 2023) exposes the ways in which justice systems exploit America's history of racial and economic inequality to generate revenue on a massive scale. With searing legal analysis, Daniel L. Hatcher uncovers how courts, prosecutors, police, probation departments, and detention facilities are abandoning ethics to churn vulnerable children and adults into unconstitutional factory-like operations.

    Hatcher reveals stark details of revenue schemes and reflects on the systemic racialized harm of the injustice enterprise. He details how these corporatized institutions enter contracts to make money removing children from their homes, extort fines and fees, collaborate with debt collectors, seize property, incentivize arrests and evictions, enforce unpaid child labor, maximize occupancy in detention and "treatment" centers, and more. Injustice, Inc. underscores the need to unravel these predatory operations, which have escaped public scrutiny for too long.

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


    Melanie Heath, "Forbidden Intimacies: Polygamies at the Limits of Western Tolerance" (Stanford UP, 2023) Mar 21, 2023
    Show notes

    In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies: Polygamies at the Limits of Western Tolerance(Stanford UP, 2023), Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance.

    These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organise to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualise the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive.

    What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love.

    Rituparna Patgiri is an Assistant Professor of Sociology at Indraprastha College for Women, University of Delhi. She has a PhD in Sociology from Jawaharlal Nehru University (JNU), New Delhi. Her research interests lie in the areas of food, media, gender and public. She is also one of the co-founders of Doing Sociology. Patgiri can be reached at @Rituparna37 on Twitter.

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


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