In a pathbreaking retelling of the American experience, Aziz Rana shows that today’s reverential constitutional culture is a distinctively twentieth-century phenomenon. Rana connects this widespread idolization to another relatively recent development: the rise of US global dominance. Ultimately, such veneration has had far-reaching consequences: despite offering a unifying language of reform, it has also unleashed an interventionist national security state abroad while undermining the possibili...
Jun 19, 2024•1 hr 16 min•Ep. 214
In recent years, philanthropy, the use of private assets for the public good, has come under renewed scrutiny. Do elite philanthropists wield too much power? Is big-money philanthropy unaccountable and therefore anti-democratic? And what about so-called "tainted donations" and "dark money" funding pseudo-philanthropic political projects? The COVID-19 pandemic has amplified many of these criticisms, leading some to conclude that philanthropy needs to be fundamentally reshaped to play a positive r...
Jun 19, 2024•38 min•Ep. 222
Chinese philanthropic foundations navigate a uniquely challenging terrain shaped by authoritarian governance. The Governance of Philanthropic Foundations in Authoritarian China: A Power Perspective (Routledge, 2022) examines these complexities, delivering a novel multilevel analysis of the power dynamics that underpin the governance of nonprofit organizations within an authoritarian context. Chinese philanthropic foundations, with their distinct democratic culture, grapple with a unique set of c...
Jun 18, 2024•1 hr 17 min•Ep. 221
Is involuntary psychiatric treatment the solution to the intertwined crises of untreated mental illness, homelessness, and addiction? In recent years, politicians and advocates have sought to expand the use of conservatorships, a legal tool used to force someone deemed “gravely disabled,” or unable to meet their needs for food, clothing, or shelter as a result of mental illness, to take medication and be placed in a locked facility. At the same time, civil liberties and disability rights groups ...
Jun 18, 2024•1 hr•Ep. 367
In Implications of Pre-Emptive Data Surveillance for Fundamental Rights in the European Union (Brill Nijhoff, 2023) Julia Wojnowska-Radzińska offers a comprehensive legal analysis of various forms of pre-emptive data surveillance adopted by the European legislator and their impact on fundamental rights. It also identifies what minimum guarantees have to be set up to recognize pre-emptive data surveillance as a legitimate measure in a democratic society. The book aims to answer the essential ques...
Jun 12, 2024•37 min•Ep. 2
Until 1900, most political parties in the United States chose their leaders – either in back rooms with a few party elites making decisions or in conventions. The direct primary, in which voters select party nominees for state and federal offices, was one of the most widely adopted political reforms of the early twentieth century Progressive movement. Intuitively, the direct primary sounds democratic. Voters directly select the candidates. They have more of say over who will ultimately represent...
Jun 10, 2024•1 hr•Ep. 720
In Do I Know You? From Faceblindness to Super Recognition (Johns Hopkins University Press, 2023), Dr. Sharrona Pearl explores the fascinating category of face recognition and the "the face recognition spectrum," which ranges from face blindness at one end to super recognition at the other. Super recognizers can recall faces from only the briefest exposure, while face blind people lack the capacity to recognize faces at all, including those of their closest loved ones. Informed by archival resear...
Jun 08, 2024•40 min•Ep. 31
Policing the Womb: Invisible Women and the Criminalization of Motherhood (Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some st...
Jun 08, 2024•1 hr 4 min•Ep. 98
Judith Herman is renowned for her groundbreaking work with survivors of trauma, including sexual trauma. Her earlier books include Trauma and Recovery: The Aftermath of Violence - from Domestic Abuse to Political Terror (Basic Books, 2022) and Father-Daughter Incest (Harvard UP, 2000) The #MeToo movement brought worldwide attention to sexual violence, in both domestic and work settings. However, the movement did not address the crime of sexual violence in war, and the use of rape as a weapon of ...
Jun 07, 2024•33 min•Ep. 122
In Seeking Truth in International News: China, CGTN and the BBC (Routledge, 2023) Dr Vivien Marsh analyses the differences between journalistic traditions in China and the West, and extent to which this impacts the ability of news media to hold power to account. This facilitates a fascinating account of the role of journalists in seeking truth from facts, and the way that public narratives of events are constructed. The book has extensive global coverage, and readers will come to understand the ...
Jun 04, 2024•1 hr 1 min•Ep. 220
When Franz Kafka died in 1924, his loyal friend Max Brod could not bring himself to fulfill Kafka’s last instruction: to burn his remaining manuscripts. Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from both obscurity and physical destruction. Nearly a century later, an international legal battle erupted to determine which country could claim ownership: the Jewish state, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holo...
Jun 03, 2024•41 min•Ep. 302
Aya Gruber , a professor of law at the University of Colorado Law School, has written a history of how the women’s movement in America has shaped the law on domestic violence and sexual assault. In The Feminist War on Crime: The Unexpected Role of Women’s Liberation in Mass Incarceration (University of California Press, 2020), Professor Gruber contends that the legal reform movement on sexual assault began with feminists in the 19th century, who argued in favor of temperance reform, partly in th...
Jun 02, 2024•1 hr 8 min•Ep. 93
Weh Yeoh's Redundant Charities: Escaping the Cycle of Dependence (Koan Press, 2023) presents a transformative approach to charitable work. Drawing on his extensive experience in the non-profit sector, Yeoh argues that the ultimate goal of a charity should be to render itself unnecessary. He critiques the traditional charity model, which often perpetuates dependency and self-preservation, and instead advocates for organizations to implement clear exit strategies and focus on supporting local comm...
Jun 02, 2024•38 min•Ep. 219
Many of us know that immigrants have been deported from the United States for well over a century, but has anyone ever asked how ? In The Deportation Machine: America’s Long History of Expelling Immigrants (Princeton University Press, 2020), author Adam Goodman brings together new archival evidence to write an expansive history of deportation from the United States that threads the late-nineteenth century through to the present. Goodman, Assistant Professor of Latin American and Latino studies a...
Jun 02, 2024•1 hr 7 min•Ep. 64
Seeking a second term as US president in November, Donald Trump joins a roster of politicians whose declared aim is to use legal means to bend democracy to their will and in their interests. The system withstood his first term. In Venezuela, Ecuador, Turkey, and Hungary, the systems didn’t, and they are undergoing stress tests in Israel, Slovakia, and Georgia. In Venezuela, Turkey and Hungary, elections still happen and parliaments, courts, and media are intact but checks and balances have been ...
May 30, 2024•42 min•Ep. 718
In December 1948, a panel of 12 judges sentenced 23 Japanese officials for war crimes. Seven, including former Prime Minister Hideki Tojo, were sentenced to death. The sentencing ended the International Military Tribunal for the Far East, an over-two-year-long trial over Imperial Japan’s atrocities in China and its decision to attack the U.S. But unlike the trials at Nuremberg, now seen as one of the touchstones of modern international law, the trials at Tokyo were a messy affair. The ruling was...
May 30, 2024•49 min•Ep. 189
For 40 years, this classic text has taken the issue of economic inequality seriously and asked: Why are our prisons filled with the poor? Why aren't the tools of the criminal justice system being used to protect Americans from predatory business practices and to punish well-off people who cause widespread harm? This new edition continues to engage readers in important exercises of critical thinking: Why has the U.S. relied so heavily on tough crime policies despite evidence of their limited effe...
May 24, 2024•37 min•Ep. 182
Mexican Americans have often fit uncertainly into the white/non-white binary that has goverens much of American history. After Colorado, and much of the rest of the American West, became American claimed territory after the Mexican-Americna War in 1848, thousands of formerly Mexican citizens became American citizens. Flash foward a century to post-war Denver. In the spring of 1969, Mexican American students staged a walk out in protest of poor quality education, racist teachers, and school segre...
May 22, 2024•1 hr 22 min•Ep. 161
Global risks present formidable challenges to international law. Although they have long been identified in many other scientific disciplines, they are currently only considered on a sectoral basis in international law in the absence of a legal definition. The aim of Sarah Cassella 's book Global Risks and International Law: The Case of Climate Change and Pandemics (Brill/Nijhoff, 2023) is threefold: to identify the main elements that characterise global risks in a legal perspective, to determin...
May 20, 2024•47 min•Ep. 1
'A woman, a dog and a walnut tree, the more they are beaten, the better they’ll be.' So went the proverb quoted by a prominent MP in the Houses of Parliament in 1853. His words – intended ironically in a debate about a rise in attacks on women – summed up the prevailing attitude of the day, in which violence against women was waved away as a part and parcel of modern living – a chilling seam of misogyny that had polluted both parliament and the law. But were things about to change? The Walnut Tr...
May 19, 2024•50 min•Ep. 90
What is the relationship between seapower, law, and strategy? In Balancing Strategy: Seapower, Neutrality, and Prize-Law in the Seven Years' War (Cambridge University Press, 2024) Dr. Anna Brinkman uses in-depth analysis of cases brought before the Court of Prize Appeal during the Seven Years' War to explore how Britain worked to shape maritime international law to its strategic advantage. Within the court, government officials and naval and legal minds came together to shape legal decisions from...
May 18, 2024•56 min•Ep. 237
In nineteenth-century Santiago de Cuba, the island of Cuba's radical cradle, Afro-descendant peasants forged freedom and devised their own formative path to emancipation. Drawing on understudied archives, this pathbreaking work, Patchwork Freedoms: Law, Slavery, and Race beyond Cuba's Plantations (Cambridge UP, 2022) unearths a new history of Black rural geography and popular legalism, and offers a new framework for thinking about nineteenth-century Black freedom. Santiago de Cuba's Afro-descend...
May 17, 2024•40 min•Ep. 111
In The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970 (Cambridge University Press, 2023), Kunal M. Parker explores the massive reorientation of American legal, political, and economic thinking between 1870 and 1970. Over this period, American conceptions of law, democracy, and markets went from being oriented around truths, ends, and foundations to being oriented around methods, processes, and techniques. No longer viewed as founded in justice and morality, law becam...
May 16, 2024•1 hr 2 min•Ep. 211
The Future of War Crimes Justice (Melville House, 2024), journalist and war correspondent Chris Stephen takes a colourful look at the erratic history of war crimes justice, and the pioneers who created it. He examines its shortcomings, and options for making it more effective, including the case for prosecuting the corporations and banks who fund warlords. Casting the net wider, he examines alternatives to war crimes trials, and looks into the minds of war criminals themselves through an evaluat...
May 15, 2024•1 hr 1 min•Ep. 218
During an era of broad political dissatisfaction, what is the history and role of the Constitution? Does the Constitution still have the power to unite us? Dr. Yuval Levin joins Madison's Notes to discuss his forthcoming book American Covenant: How the Constitution Unified Our Nation ― and Could Again . Along the way, he delves into key American figures from James Madison to Woodrow Wilson and the reasons for our present discord. Yuval Levin is a Senior Fellow at the American Enterprise Institut...
May 14, 2024•55 min•Ep. 107
Governing After War: Rebel Victories and Post-war Statebuilding (Oxford University Press, 2024) by Dr. Shelley X. Liu explores how wartime processes affects post-war state-building efforts when rebels win a civil war and come into power. Post-war governance is a continuation of war--although violence has ceased, the victor must consolidate its control over the state through a process of internal conquest. This means carefully making choices about resource allocation towards development and secur...
May 13, 2024•45 min•Ep. 717
The Weimar Republic is well-known for its gay rights movement and recent scholarship has demonstrated some of its contradictory elements. In his recent book entitled The Seduction of Youth: Print Culture and Homosexual Rights in the Weimar Republic (University of Toronto Press, 2020), Javier Samper Vendrell writes the first study to focus on the League for Human Rights and its leader, Friedrich Radszuweit. It uses his position at the center of the Weimar-era gay rights movement to tease out the ...
May 06, 2024•1 hr 5 min•Ep. 89
When we think of censorship, our minds might turn to state agencies exercising power to silence dissent. However, contemporary concerns about censorship arise in contexts where non-state actors suppress expression and communication. There are subtle and not-so-subtle forms of interference that come from social groups, employers, media corporations, and even search engines. Should these “new” forms of censorship alarm us? Should we assess them in ways that mirror our typical views about state-ena...
May 01, 2024•1 hr 10 min•Ep. 341
In the early nineteenth century, the American commercial marketplace was a chaotic, unregulated environment in which knock-offs and outright frauds thrived. Appearances could be deceiving, and entrepreneurs often relied on their personal reputations to close deals and make sales. Rapid industrialization and expanding trade routes opened new markets with enormous potential, but how could distant merchants convince potential customers, whom they had never met, that they could be trusted? Through w...
May 01, 2024•57 min•Ep. 100
David Pozen is the Charles Keller Beekman Professor of Law at Columbia Law School and the author of the new book, The Constitution of the War on Drugs (Oxford UP, 2024). An expert in constitutional law, Pozen argues that the drug war has been an unmitigated disaster, in terms of money, efficacy, and human rights. But even as activists peel off the drug war’s more unsavory aspects through cannabis and psychedelic legalization, Pozen also argues that they’ve neglected to consider the impact Americ...
Apr 28, 2024•59 min•Ep. 61
