New York Times tech reporter Kashmir Hill was skeptical when she got a tip about a mysterious app called Clearview AI that claimed it could, with 99 percent accuracy, identify anyone based on just one snapshot of their face. The app could supposedly scan a face and, in just seconds, surface every detail of a person’s online life: their name, social media profiles, friends and family members, home address, and photos that they might not have even known existed. If it was everything it claimed to ...
Sep 28, 2023•38 min•Ep. 355
A prize-winning scholar draws on astonishing new research to demonstrate how Black people used the law to their advantage long before the Civil Rights Movement. The familiar story of civil rights goes like this: once, America’s legal system shut Black people out and refused to recognize their rights, their basic human dignity, or even their very lives. When lynch mobs gathered, police and judges often closed their eyes, if they didn’t join in. For Black people, law was a hostile, fearsome power ...
Sep 26, 2023•1 hr 45 min•Ep. 409
Amidst increasing acrimony and political strain, many worry that democratic governance has an expiration date. To answer these concerns, Josiah Ober looks to the ancients. Here, he discusses his recent book (co-authored with Brook Manville), The Civic Bargain: How Democracies Survive (Princeton UP, 2023). How did democracies like Athens, Rome, and England overcome the challenges that accompanied wealth and expansion? How did the ancients influence the American Founders? What lessons can they tea...
Sep 26, 2023•1 hr 3 min•Ep. 85
Do individuals have the right to “keep and bear” arms? Do “the people” have any collective rights to public safety? Now that the United States Supreme Court requires each side to argue based on the “history” and “tradition” of 1791 and 1868, what do scholars tell us about legal practices and public understanding in those times? Dr. Laura F. Edwards argues that Americans in the South transformed their understanding of inequality during the half century following the Revolutionary War. Drawing on ...
Sep 25, 2023•1 hr 4 min•Ep. 674
Our lives are in countless ways defined by our citizenship. The country we belong to affects our rights, our travel possibilities, and ultimately our chances in life. Obtaining a new citizenship is rarely easy. But for those with the means—billionaires like Peter Thiel and Jho Low, but also countless unknown multimillionaires—it’s just a question of price. As discussed in The Golden Passport: Global Mobility for Millionaires (Harvard University Press, 2023) more than a dozen countries, many of t...
Sep 24, 2023•1 hr 3 min•Ep. 310
Sexual violence is a significant problem within many Western militaries. Despite international attention to the issue and global #MeToo and #TimesUp movements highlighting the impact of sexual violence, rates of sexual violence are going up in many militaries. Good Soldiers Don't Rape: The Stories We Tell About Military Sexual Violence (Cambridge University Press, 2023) by Dr. Megan MacKenzie uses feminist theories of 'rape culture' and institutional gaslighting to identify the key stories, myth...
Sep 24, 2023•41 min•Ep. 311
The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence (NYU Press, 2023) by Dr. Diana Rickard examines how serialized crime shows became an American obsession. TV shows and podcasts like Making a Murderer, Serial, and Atlanta Monster have taken the cultural zeitgeist by storm, and contributed to the release of wrongly imprisoned people—such as Adnan Syed. The popularity of these long-form true crime docuseries has sparked greater attention to issues of inequality, ...
Sep 23, 2023•48 min•Ep. 110
Was the use of violence on January 6th Capitol attacks legitimate? Is the use of violence morally justified by members of Extinction Rebellion or Just Stop Oil campaigners? Justifying Violent Protest: Law and Morality in Democratic States (Routledge, 2023) addresses these issues head on, to make a radical, but compelling argument in favour of the legitimate use of violence in protest in liberal democracies. Grounded in theories of constitutional morality, the book makes the case that when states...
Sep 23, 2023•1 hr 14 min•Ep. 198
Recall This Book first heard from the sociologist of American racism David Cunningham in Episode 36 Policing and White Power . Less than a week after the horrors of January 6th, 2021, he came back for this conversation about “asymmetrical policing” of the political right and left–and of White and Black Americans. His very first book ( There’s Something Happening Here, 2004 ) studied the contrast between the FBI’s work in the 1960’s to wipe out left-wing and Black protests and its efforts to cont...
Sep 21, 2023•32 min•Ep. 113
Valentina Capurri's book Not Good Enough for Canada: Canadian Public Discourse Around Issues of Inadmissibility for Potential Immigrants with Diseases And/Or Disabilities (U Toronto Press, 2020) investigates the development of Canadian immigration policy with respect to persons with a disease or disability throughout the twentieth century. With an emphasis on social history, this book examines the way the state operates through legislation to achieve its goals of self-preservation even when such...
Sep 20, 2023•31 min•Ep. 33
Today I talked to David B. Wong about his book Moral Relativism and Pluralism (Cambridge UP, 2023). The argument for metaethical relativism--the view that there is no single true or most justified morality--is that it is part of the best explanation of the most difficult moral disagreements. The argument for this view features a comparison between traditions that highly value relationship and community and traditions that highly value personal autonomy of the individual and rights. It is held th...
Sep 19, 2023•1 hr 7 min•Ep. 195
Children of all ages are abused in every country in the world, by members of every society, culture, religion, and socio-economic class. About 120 million children under twenty, or one child in ten, report sexual abuse. We often blame children for their own abuse instead of holding the perpetrators responsible for their crimes. When perpetrators are prosecuted, punishments are rarely severe. Remarkably, we sometimes justify child sex abuse, or even facilitate it, allowing it to continue, not onl...
Sep 16, 2023•56 min•Ep. 37
Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of cer...
Sep 13, 2023•50 min•Ep. 197
Bookshop.org is an online book retailer that donates more than 80% of its profits to independent bookstores. Launched in 2020, Bookshop.org has already raised more than $27,000,000. In this interview, Andy Hunter , founder and CEO discusses his journey to creating one of the most revolutionary new organizations in the book world. Bookshop has found a way to retain the convenience of online book shopping while also supporting independent bookstores that are the backbones of many local communities...
Sep 12, 2023•33 min•Ep. 109
The concept of madness as a challenge to communities lies at the core of legal sources. Aleksandra Pfau, Medieval Communities and the Mad: Narratives of Crime and Mental Illness in Late Medieval France (Amsterdam University Press, 2020) considers how communal networks, ranging from the locale to the realm, responded to people who were considered mad. The madness of individuals played a role in engaging communities with legal mechanisms and proto-national identity constructs, as petitioners sough...
Sep 11, 2023•47 min•Ep. 49
In 2019, nearly two-thirds of domestic violence homicides in the United States were committed with a gun. On average, three women are killed by a current or former partner every day in the United States. Between 1980 and 2014, more than half of women killed by intimate partners were killed with guns. Domestic violence affects children, friends, neighbors, peace officers, the abusers themselves, and society as a whole. This fall, the United States Supreme Court will hear a Second Amendment case (...
Sep 11, 2023•1 hr 13 min•Ep. 22
Based on ethnographic research with victims of intimate partner violence since 2014, Tiantian Zheng's Violent Intimacy: Family Harmony, State Stability, and Intimate Partner Violence in Post-Socialist China (Bloomsbury, 2022) brings to the forefront women's experiences of, negotiations about, and contestations against violence, and men's narratives about the reasons for their violence. Using an innovative methodology - online chat groups, it foregrounds the role of history, structural inequaliti...
Sep 10, 2023•24 min•Ep. 66
On September 1, 1967, one of the Third Reich's most infamous figures hanged herself in her cell after nearly twenty-four years in prison. Known as the "Bitch of Buchenwald," Ilse Koch was singularly notorious, having been accused of owning lampshades fabricated from skins of murdered camp inmates and engaging in "bestial" sexual behavior. These allegations fueled a public fascination that turned Koch into a household name and the foremost symbol of Nazi savagery. Her subsequent prosecution resul...
Sep 06, 2023•56 min•Ep. 436
In Since Time Immemorial: Native Custom and Law in Colonial Mexico (Duke UP, 2023), Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom—social practice that through time takes on the normative power of law—acquired local meaning and changed over time. Yannakakis analyzes sources rang...
Sep 04, 2023•1 hr 2 min•Ep. 1351
In Disability Pride: Dispatches from a Post-ADA World (Beacon, 2022), disabled journalist Ben Mattlin weaves together interviews and reportage to introduce a cavalcade of individuals, ideas, and events in engaging, fast-paced prose. He traces the generation that came of age after the ADA reshaped America, and how it is influencing the future. He documents how autistic self-advocacy and the neurodiversity movement upended views of those whose brains work differently. He lifts the veil on a thrivi...
Sep 02, 2023•40 min•Ep. 29
In Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power (Cambridge UP, 2021), Ari Ezra Waldman exposes precisely how the tech industry conducts its ongoing crusade to undermine our privacy. With research based on interviews with scores of tech employees and internal documents outlining corporate strategies, Waldman reveals that companies don't just lobby against privacy law; they also manipulate how we think about privacy, how their employees approach their work, and how they...
Sep 02, 2023•35 min•Ep. 157
In this interview, I speak with Marion Holmes Katz about her latest book Wives and Work: Islamic Law and Ethics Before Modernity (Columbia UP, 2022). This fascinating book explores the question of wives’ domestic responsibilities from a Sunni Islamic legal perspective, covering scholarship from the ninth to the fourteenth centuries. The book addresses questions such as, does the wife have the obligation to provide housework? What counts as housework? And if it is true that the wife is not obliga...
Sep 01, 2023•1 hr 45 min•Ep. 313
Sarah Coleman, an historian at Texas State University, is the author of an important and topical book about immigration policy in the United States. The Walls Within: The Politics of Immigration in Modern America (Princeton UP, 2023) focuses much less on the often-discussed physical border between the United States and other countries, and more so on the internal touchpoints where immigration federalism takes place. Coleman does a number of things in this book, including providing a fascinating ...
Aug 31, 2023•47 min•Ep. 669
Kevin Vallier is a philosophy professor and author of All the Kingdoms of the World: On Radical Religious Alternatives to Liberalism (Oxford UP, 2023), a new book about Catholic Integralism, a mostly online intellectual movement that thinks the church should take over the state, something that made sense fifteen hundred years ago after the collapse of the Roman Empire, but not so much day in our pluralistic, democratic age. Professor Vallier’s goal is to help us all talk together with patience a...
Aug 31, 2023•59 min•Ep. 68
With the US Supreme Court confirmation of Ketanji Brown Jackson, “it makes sense to revisit the life and work of another Black woman who profoundly shaped the law: Constance Baker Motley” (CNN). Born to an aspirational blue-collar family during the Great Depression, Constance Baker Motley was expected to find herself a good career as a hairdresser. Instead, she became the first black woman to argue a case in front of the Supreme Court, the first of ten she would eventually argue. The only black ...
Aug 30, 2023•1 hr 2 min•Ep. 298
Ownership of Knowledge: Beyond Intellectual Property (MIT Press, 2023) provides a framework for knowledge ownership that challenges the mechanisms of inequality in modern society. Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schä...
Aug 30, 2023•42 min•Ep. 14
For more than a century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British Empire. Set against the tumult of the postwar period, Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942-1962 (Stanford UP, 2023) centers on the legal struggles of ...
Aug 27, 2023•1 hr 33 min•Ep. 72
There was a time when French people put up picture of Marshal Philippe Petain on their walls. He is a figure of immeasurable stature to the country of France. Victor of Verdun, a one-time minister of war, and finally, a traitor to his country. Or was he? Did Petain allow the stain of collaboration to tarnish his reputation, or did he use his figure to guard the French people from worse Nazi atrocities during the Vichy era? The answer to those questions would divide France in the years following ...
Aug 27, 2023•59 min•Ep. 117
Because immigration is such a recurring-and divisive-topic in the United States, it is easy to assume that we understand what it means for an immigrant to live under the specter of surveillance and punishment. It is easy to assume, as many scholars and journalists do, that undocumented immigrants live on the run from the authorities, constantly fleeing to the margins of daily life, staying in the shadows beneath the eyes of the law. And yet, while it is certainly true that immigrants are constan...
Aug 27, 2023•1 hr 13 min•Ep. 307
Self-Declaration in the Legal Recognition of Gender (Routledge, 2023) is a socio-legal study that offers a critique of what it means to self-declare with regard to legal gender. Based on empirical research conducted in Denmark, the book engages in some of the most controversial issues surrounding trans and gender diverse rights. The theoretical analysis draws upon legal consciousness, affect theory, vulnerability and governmentality, to cross jurisdictional boundaries between law and medicine. T...
Aug 26, 2023•1 hr 13 min•Ep. 196
