New Books in Law

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 surveilla...

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 C...

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 J...

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 justi...

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 p...

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 spe...

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...

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 di...

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 intern...

The political Left has long faced tension regarding its universalistic commitments and those to the nation it inhabits. The dilemma is captured succinctly in the Declaration of the Rights of Man and Citizen that articulated leftist or progressive devotion to both man in the historic collective sense of human beings, as well as to the fellow members of a particular political community at the time o...

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why a...

Canadians are proud of their multicultural image both at home and abroad. But that image isn t grounded in historical facts. As recently as the 1960s, the Canadian government enforced discriminatory, anti-Black immigration policies, designed to restrict and prohibit the entry of Black Barbadians and Black West Indians. The Canadian state capitalized on the public s fear of the Black unknown and ra...

Eminent jurist, Oxford professor, advocate to the Archbishop of Canterbury, Travers Twiss (1809–1897) was a model establishment figure in Victorian Britain, and a close collaborator of Prince Metternich, the architect of the Concert of Europe. Yet Twiss’s life was defined by two events that threatened to undermine the order that he had so stoutly defended: a notorious social scandal and the creati...

Judicial debates on the regulation of religion in post-colonial India have been characterised by the inability of courts to identify religion as a governable phenomenon. Geetanjali Srikantan's book Identifying and Regulating Religion in India: Law, History and the Place of Worship (Cambridge UP, 2020) investigates the identification and regulation of religion through an intellectual history of law...

How can you hide and spend billions of dollars? Many people hoping to do that go to London which is today considered the money laundering capital of the world. It’s the place where the world’s most corrupt individuals can park their money safely. How does that work? Where else does it happen and can anything be done about it? Owen Bennett Jones discusses the business of cleaning up dirty money wit...

It is easy to condemn obvious wrongdoers such as Elizabeth Holmes, Adam Neumann, Harvey Weinstein, and the Sackler family. But we rarely think about the many people who supported their unethical or criminal behavior. In each case there was a supporting cast of complicitors: business partners, employees, investors, news organizations, and others. And, whether we're aware of it or not, almost all of...

We often find ourselves acting in concert with others, where what we do together goes beyond the causal contribution of any single participant. When a collection of individuals works together in a way that results in a wrongful harm, it’s intuitive to think that each of the participants should be held accountable. Yet this intuition needs to be squared with the fact that no single individual’s con...

Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and...

Not long ago, same-sex couples had to jump through endless hoops to make their relationships even close to legal. Happily, those days are over. But here's the rub: many gay and lesbian couples, accustomed to living off-grid, are so thrilled to have the benefits of marriage that they jump into it without fully considering the consequences. In Before I Do: A Legal Guide to Marriage, Gay and Otherwis...

California was born "under the shadow of slavery," writes Lynn Hudson, professor of history at the University of Illinois at Chicago. In West of Jim Crow: The Fight Against California's Color Line (U of Illinois Press, 2020), Hudson argues that despite its reputation as a land of opportunity and freedom, California's deeply racist past extended well into the twentieth century. As one Black Califor...

Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture (Cornell UP, 2022), Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the div...

Lynching is often viewed as a narrow form of violence: either the spontaneous act of an angry mob against accused individuals, or a demonstration of white supremacy against an entire population considered subhuman. However, in this new treatise, historian Guy Lancaster exposes the multiple forms of violence hidden beneath the singular label of lynching. Lancaster, who has written extensively on ra...

Content Warning: discussion of execution gets a bit gruesome.  Jennifer Lodine-Chaffey, A Weak Woman in a Strong Battle: Women and Public Execution in Early Modern England (University of Alabama Press, 2022) provides a new perspective on the representations of women on the scaffold, focusing on how female victims and those writing about them constructed meaning from the ritual. A significant part...

An alienated society divided into groups and classes suspicious of one another does not pose an especially great problem for an authoritarian regime that does not legitimize itself through fair elections. In contrast, democratic institutions presuppose a consensus about obeying common “rules of the game” and rely on a culture of trust and reciprocity. For democratic consolidation, citizens must re...

Robert Hutchinson's After Nuremberg: American Clemency for Nazi War Criminals (Yale UP, 2022) is about the fleeting nature of American punishment for German war criminals convicted at the twelve Nuremberg trials of 1946–1949. Because of repeated American grants of clemency and parole, ninety-seven of the 142 Germans convicted at the Nuremberg trials, many of them major offenders, regained their fr...