New Books in Law

Latest Episodes:

Anita Guerrini, "Experimenting with Humans and Animals: From Aristotle to CRISPR" (Johns Hopkins UP, 2022) Nov 16, 2022

Show notes

Experimentation on animals—particularly humans—is often assumed to be a uniquely modern phenomenon. But the ideas and attitudes that encourage biological and medical scientists to experiment on living creatures date from the earliest expressions of Western thought. In Experimenting with Humans and Animals: From Aristotle to CRISPR (Johns Hopkins UP, 2022) (Johns Hopkins UP), Anita Guerrini looks at the history of these practices and examines the philosophical and ethical arguments that justified them.

Guerrini discusses key historical episodes in the use of living beings in science and medicine, including the discovery of blood circulation, the development of smallpox and polio vaccines, and recent research in genetics, ecology, and animal behavior. She also explores the rise of the antivivisection movement in Victorian England, the modern animal rights movement, and current debates over gene therapy and genetically engineered animals. We learn how perceptions and understandings of human and animal pain have changed; how ideas of class, race, and gender have defined the human research subject; and that the ethical values of science seldom stray far from the society in which scientists live and work.

Thoroughly rewritten and updated, with new material in every chapter, the book emphasizes a broader understanding of experimentation and adds material on gene therapy, self-experimentation, and prisoners and slaves as experimental subjects. A new chapter brings the story up to the present while reflecting on the current regulatory scene, new developments in science, and emerging genomics. Experimenting with Humans and Animals offers readers a context within which to understand more fully the responsibility we all bear for the suffering inflicted on other living beings in the name of scientific knowledge.

Anita Guerrini is a historian of science and medicine, recently retired as Horning Professor in the Humanities at Oregon State University, where she's been since 2008. Before that she was a professor of History and Environmental Studies at the University of California, Santa Barbara. She was educated at Connecticut College and Oxford University and received a Ph.D. in History and Philosophy of Science from Indiana University.

Callie Smith is a poet and a PhD candidate in English at the University of Louisiana at Lafayette.

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The Future of Data Control: A Discussion with Sarah Lamdan Nov 15, 2022

Show notes

A few big companies are selling information about us to governments and companies. But beyond a general sense of unease, what do we need to know about this and what do we need to do about it? Professor Sarah Lamdan gives answers to those questions in her book Data Cartels: The Companies that Control and Monopolise our Information(Stanford UP, 2022). Listen to her conversations with Owen Bennett Jones.

Owen Bennett-Jones is a freelance journalist and writer. A former BBC correspondent and presenter he has been a resident foreign correspondent in Bucharest, Geneva, Islamabad, Hanoi and Beirut. He is recently wrote a history of the Bhutto dynasty which was published by Yale University Press.

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Matthew Crain, "Profit over Privacy: How Surveillance Advertising Conquered the Internet" (U Minnesota Press, 2021) Nov 15, 2022

Show notes

The contemporary internet's de facto business model is one of surveillance. Browser cookies follow us around the web, Amazon targets us with eerily prescient ads, Facebook and Google read our messages and analyze our patterns, and apps record our every move. In Profit over Privacy: How Surveillance Advertising Conquered the Internet (U Minnesota Press, 2021), Matthew Crain gives internet surveillance a much-needed origin story by chronicling the development of its most important historical catalyst: web advertising.

The first institutional and political history of internet advertising, Profit over Privacy uses the 1990s as its backdrop to show how the massive data-collection infrastructure that undergirds the internet today is the result of twenty-five years of technical and political economic engineering. Crain considers the social causes and consequences of the internet's rapid embrace of consumer monitoring, detailing how advertisers and marketers adapted to the existential threat of the internet and marshaled venture capital to develop the now-ubiquitous business model called "surveillance advertising." He draws on a range of primary resources from government, industry, and the press and highlights the political roots of internet advertising to underscore the necessity of political solutions to reign in unaccountable commercial surveillance.

The dominant business model on the internet, surveillance advertising is the result of political choices--not the inevitable march of technology. Unlike many other countries, the United States has no internet privacy law. A fascinating prehistory of internet advertising giants like Google and Facebook, Profit over Privacy argues that the internet did not have to turn out this way and that it can be remade into something better.

Peter C. Kunze is a visiting assistant professor of communication at Tulane University.

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Jeffrey Bellin, "Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover" (Cambridge UP, 2022) Nov 15, 2022

Show notes

The United States imprisons a higher proportion of its population than any other nation. Mass Incarceration Nation offers a novel, in-the-trenches perspective to explain the factors - historical, political, and institutional - that led to the current system of mass imprisonment. Jeffrey Bellin's book Mass Incarceration Nation: How the United States Became Addicted to Prisons and Jails and How it Can Recover (Cambridge UP, 2022) examines the causes and impacts of mass incarceration on both the political and criminal justice systems. With accessible language and straightforward statistical analysis, former prosecutor turned law professor Jeffery Bellin provides a formula for reform to return to the low incarceration rates that characterized the United States prior to the 1970s.

Stephen Pimpare is director of the Public Service & Nonprofit Leadership program and Faculty Fellow at the Carsey School of Public Policy at the University of New Hampshire.

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Igor Shoikhedbrod, "Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights" (Palgrave Macmillan, 2021) Nov 14, 2022

Show notes

Is Marx relevant today, after the collapse of communism in Eastern Europe? Is Marx’s political theory compatible with individual rights? You will be surprised to learn that the answers are yes and yes. Revisiting Marx’s Critique of Liberalism: Rethinking Justice, Legality and Rights (Palgrave Macmillan, 2021) offers a theoretical reconstruction of Karl Marx’s new materialist understanding of justice, legality, and rights through the vantage point of his widely invoked but generally misunderstood critique of liberalism. Igor Shoikhedbrod begins his book by reconstructing Marx’s conception of justice and rights through close textual interpretation and extrapolation. The central thesis of the book is, firstly, that Marx regards justice as an essential feature of any society, including the emancipated society of the future; and secondly, that standards of justice and right undergo transformation throughout history. In our discussion, the author tracks the enduring legacy of Marx’s critique of liberal justice by examining how Marx still speaks to our time. The Marx that emerges from this book is therefore a thoroughly modern thinker whose insights shed valuable light on some of the most pressing challenges confronting liberal democracies today.

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U.S. Determinization of Genocide in Myanmar: Part Two, What’s Next? Nov 11, 2022

Show notes

In March 2022 the U.S. government announced its determination that genocide was committed by the Myanmar military against Rohingya communities in Myanmar’s Rakhine State in 2017. What will this mean for the roughly one million Rohingya refugees living in neighboring countries, for Rohingya IDPs in Rakhine, and for post-coup Myanmar? In this episode, part two of a two-part series, Terese Gagnon speaks with Kyaw Zeyar Win about this long-awaited determination and the possible implications for Rohingya both within and outside post-coup Myanmar. Click here to listen to part one of the series covering the securitization of Rohingya and roots of the 2017 genocide.

Kyaw Zeyar Win is a Project Coordinator at the International Republican Institute in Washington D.C. He is an expert in international relations and human rights with a focus on Myanmar. He holds a master’s in IR from the Maxwell School of Citizenship and Public Affairs at Syracuse University where he was an Open Society Fellow. He is author of the chapter “Securitization of the Rohingya in Myanmar” from the book Myanmar Transformed? People, Places and Politics. Terese Gagnon is a Postdoctoral Researcher at the University of Copenhagen and the Nordic Institute of Asian studies researching Karen food, seed, and political sovereignty.

You might also be interested in these related podcasts:

--Karen Sanctuaries Memory, Biodiversity and Political Sovereignty

--The Politics of Protest in Myanmar

--What Remains: Textiles from Tuol Sleng

The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, and Asianettverket at the University of Oslo.

We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.

About NIAS: www.nias.ku.dk

Transcripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast

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Bruce W. Dearstyne, "The Crucible of Public Policy: New York Courts in the Progressive Era" (SUNY Press, 2022) Nov 11, 2022

Show notes

During the early twentieth century New York State, with its settlement houses, muckraking journalists, labor unions and national political leaders like Theodore Roosevelt, was central to the political ferment of the Progressive Era. And in that time, the New York State Court of Appeals—the state’ highest court--made vitally important decisions on the constitutional legitimacy of laws relating to public health, personal liberty, privacy, the regulation of businesses, working hours for women, and compensation for workers injured on the job.

The Court of Appeals, Bruce Dearstyne argues in his new book, was in these years a crucible where new and complex public issues were debated and decided. New York State was large in population (and thus spoke loudly in Congress and the Electoral College) and was at the center of fierce debates over topics such as corporate power, labor rights, public health.

In The Crucible of Public Policy: New York Courts in the Progressive Era (SUNY Press, 2022), Dearstyne argues that the court’s pathbreaking decisions in the Progressive Era echo into our own times. Indeed, he concludes, it was second in importance only to the United States Supreme Court.

Robert W. Snyder, Manhattan Borough Historian and professor emeritus of American Studies and Journalism at Rutgers University. Email: rwsnyder@rutgers.edu.

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Arvind Narrain, "India's Undeclared Emergency: Constitutionalism and the Politics of Resistance" (Context, 2022) Nov 10, 2022

Show notes

Arvind Narrain is a lawyer and writer based in Bangalore. He is visiting faculty at the School of Policy and Governance, Azim Premji University. He is the co-editor of Law Like Love: Queer Perspectives on Law and co-author of Breathing Life into the Constitution: Human Rights Lawyering in India and The Preamble: A Brief Introduction. He was a part of the team of lawyers that challenged Section 377 of the IPC right from the High Court in 2009 to the Supreme Court in 2018.

In 1975, the Indira Gandhi government declared Emergency in India, unveiling an era of State excesses, human rights violations, the centralisation of power and the dismantling of democracy. Nearly half a century later, the phrase ‘undeclared emergency’ gathers currency as citizens and analysts struggle to define the nature of India’s present crisis.

In India's Undeclared Emergency: Constitutionalism and the Politics of Resistance(Context, 2021), Arvind Narrain presents a devastatingly thorough examination of the nature of this emergency—a systematic attack on the rule of law that hits at the foundation of a democracy, its Constitution. This clear-eyed legal analysis of its implications also documents an ongoing history of constitutional subversion, one that predates the Narendra Modi-led NDA government—a lineage of curtailed freedoms, censorship, preventive detention laws and diluted executive accountability. Is history repeating itself then? Not quite. This book is an account of an inaugural era in Indian history. Narrain shows that the Modi government, unlike the Congress government of 1975, draws on popular support and this raises the dangerous possibility that today’s authoritarian regime could become tomorrow’s totalitarian state. A lament, the Undeclared Emergency is also a war cry. It charts an alternative inheritance of resistance, acts big and small from the Emergency of 1975, the current day and times long gone. Dissent, he says, is an Indian tradition. The Second Coming is at hand, and Narrain reckons that we have a responsibility to determine what it will look like.

Alok Prasanna Kumar is Co-Founder and Lead, Vidhi Karnataka. Sarayu Natarajan is the Founder of Aapti Institute. In the past, she has worked in management consulting and the venture fund industry before the plunge into researching politics.

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The Future of Rules: A Discussion with Lorraine Daston Nov 08, 2022

Show notes

Which rules do we obey and which ones can we find a way around? What distinctions can be drawn between rules, models to be emulated and algorithms. Lorraine Daston has published widely on the history of science, probability, scientific objectivity and observation, and many other such matters, and she has now published Rules: A Short History of What We Live By (Princeton UP, 2022). Listen to her discussion with Owen Bennett Jones about rules.

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Andrew S. Rosenberg, "Undesirable Immigrants: Why Racism Persists in International Migration" (Princeton UP, 2022) Nov 07, 2022

Show notes

The Immigration and Nationality Act of 1965 officially ended the explicit prejudice in American immigration policy that began with the 1790 restriction on naturalization to free White persons of “good character.” By the 1980s, the rest of the Anglo-European world had followed suit, purging discriminatory language from their immigration laws and achieving what many believe to be a colorblind international system. Undesirable Immigrants: Why Racism Persists in International Migration(Princeton UP, 2022) challenges this notion, revealing how racial inequality persists in global migration despite the end of formally racist laws.

In this eye-opening book, Andrew Rosenberg argues that while today’s leaders claim that their policies are objective and seek only to restrict obviously dangerous migrants, these policies are still correlated with race. He traces how colonialism and White supremacy catalyzed violence and sabotaged institutions around the world, and how this historical legacy has produced migrants that the former imperial powers and their allies now deem unfit to enter. Rosenberg shows how postcolonial states remain embedded in a Western culture that requires them to continuously perform their statehood, and how the closing and policing of international borders has become an important symbol of sovereignty, one that imposes harsher restrictions on non-White migrants.

Drawing on a wealth of original quantitative evidence, Undesirable Immigrants demonstrates that we cannot address the challenges of international migration without coming to terms with the brutal history of colonialism.

Andrew Rosenberg is an assistant of political science at the University of Florida. His research examines racial inequality in the international system, the politics of migration, and global inequality. His current projects empirically break down the ideologies that maintain racial inequality in international migration. His research has been published in the American Journal of Political Science, International Studies Quarterly, Political Analysis, and Security Dialogue. He holds a Ph.D. in Political Science from the Ohio State University and is originally from Des Moines, Iowa.

Lamis Abdelaaty is an associate professor of political science at the Maxwell School of Syracuse University. She is the author of Discrimination and Delegation: Explaining State Responses to Refugees (Oxford University Press, 2021). Email her comments at labdelaa@syr.edu or tweet to @LAbdelaaty.

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