This year, many countries around the world, including most of the world's most populous democracies, have consequential nation-wide elections. In many of these elections, democracy itself is at stake. The Dispersion of Power: A Critical Realist Theory of Democracy (Oxford UP, 2023) is an urgent call to rethink centuries of conventional wisdom about what democracy is, why it matters, and how to make it better. Drawing from history, social science, psychology, and critical theory, Samuel Ely Bagg ...
Aug 07, 2024•1 hr 20 min•Ep. 727
Bringing together philosophy, jurisprudence, and a deep concern for the environment, Bearing Witness: The Human Rights Case Against Fracking and Climate Change offers an inspiring and generative way of thinking about the impacts of anthropogenic climate change. In particular, Thomas Kearns and Kathleen Dean Moore provide readers with insight into the Permanent Peoples' Tribunal as well as the wide-ranging and deeply-felt impacts of fracking, interspersing legal analysis, excerpts of Tribunal tes...
Aug 06, 2024•50 min•Ep. 53
By examining the intersection of Islamic law, state law, religion, and culture in the Egyptian nation-building process, Recasting Islamic Law: Religion and the Nation State in Egyptian Constitution Making (Cornell University Press, 2021) highlights how the sharia, when attached to constitutional commitments, is reshaped into modern Islamic state law. Dr. Rachel M. Scott analyses the complex effects of constitutional commitments to the sharia in the wake of the Egyptian Revolution of 2011. She ar...
Aug 03, 2024•1 hr 3 min•Ep. 338
Jessica Henry's Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened (U California Press, 2021) explores a shocking but all-too-common kind of wrongful conviction: wrongful convictions for crimes that never actually happened. Henry's meticulously-researched book sheds light on how the US criminal justice system makes it possible to convict people of nonexistent crimes. By tracing this issue from first interactions with the police, to encounters with legal professionals, to ju...
Jul 31, 2024•49 min•Ep. 57
In the waning days and immediate aftermath of World War II, Nazi diplomats and spies based in Spain decided to stay rather than return to a defeated Germany. The decidedly pro-German dictatorship of General Francisco Franco gave them refuge and welcomed other officials and agents from the Third Reich who had escaped and made their way to Iberia. Amid fears of a revival of the Third Reich, Allied intelligence and diplomatic officers developed a repatriation program across Europe to return these i...
Jul 30, 2024•1 hr 10 min•Ep. 1464
The U.S. government's decades-long "war on drugs" is increasingly recognized as a moral travesty as well as a policy failure. The criminalization of substances such as marijuana and magic mushrooms offends core tenets of liberalism, from the right to self-rule to protection of privacy to freedom of religion. It contributes to mass incarceration and racial subordination. And it costs billions of dollars per year—all without advancing public health. Yet, in hundreds upon hundreds of cases, courts ...
Jul 29, 2024•42 min•Ep. 228
Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In Women’s Human Rights and the Elimination of Discrimination (Brill/Nijhoff, 2016), 17 scholars approach women’s human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combine...
Jul 28, 2024•48 min•Ep. 4
Several trends justify why it is worth analysing the concept of citizenship in international law. On the one hand, human mobility enhanced in the last decades of the twentieth century contributed largely to the multiplication of multiple citizenship. The phenomenon of migration, often linked to crises, fosters statelessness and presents new challenges to international law. The internationalization of human rights can accordingly have an impact on the law of nationality. Moreover, within the fram...
Jul 26, 2024•1 hr 5 min•Ep. 3
Violent Affections: Queer Sexuality, Techniques of Power, and Law in Russia (UCL Press, 2022) by Alexander Sasha Kondakov uncovers techniques of power that work to translate emotions into violence against queer people. Based on analysis of over 300 criminal cases of anti-queer violence in Russia before and after the introduction of ‘gay propaganda’ law, the book shows how violent acts are framed in emotional language by perpetrators during their criminal trials. It then utilises an original meth...
Jul 24, 2024•1 hr 1 min•Ep. 274
Beyond Complicity: Why We Blame Each Other Instead of Systems (University of California Press, 2024) by Dr. Francine Banner is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that...
Jul 21, 2024•54 min•Ep. 227
In Goliath: The 100-Year War Between Monopoly Power and Democracy (Simon & Schuster, 2019), Matt Stoller explains how authoritarianism and populism have returned to American politics for the first time in eighty years, as the outcome of the 2016 election shook our faith in democratic institutions. It has brought to the fore dangerous forces that many modern Americans never even knew existed. Today's bitter recriminations and panic represent more than just fear of the future, they reflect a b...
Jul 20, 2024•53 min•Ep. 144
Today’s book is: Freeman’s Challenge: The Murder That Shook America’s Original Prison for Profit (U Chicago Press, 2024), by Dr. Robin Bernstein, which tells the story of a teenager named William Freeman. Convicted of a horse theft he insisted he did not commit, he was sentenced to five years of hard labor in Auburn’s new prison. Uniting incarceration and capitalism, the facility included industrial factories where prisoners worked as “slaves of the state.” They earned no wages, yet they manufac...
Jul 18, 2024•57 min•Ep. 223
In the early twentieth century, anarchists like Emma Goldman and Alexander Berkman championed a radical vision of a world without states, laws, or private property. Militant and sometimes violent, anarchists were heroes to many working-class immigrants. But to many others, anarchism was a terrifyingly foreign ideology. Determined to crush it, government officials launched a decades-long “war on anarchy,” a brutal program of spying, censorship, and deportation that set the foundations of the mode...
Jul 16, 2024•1 hr 10 min•Ep. 266
Stefanie Coché's Psychiatric Institutions and Society: the Practice of Psychiatric Commital in the “Third Reich,” the Democratic Republic of Germany, and the Federal Republic of Germany, 1941-1963 (London: Routledge, 2024; translated by Alex Skinner) probes how the serious and sometimes fatal decision was made to admit individuals to asylums during Germany’s age of extremes. The book shows that - even during the Nazi killing of the sick - relatives played an even more important role in most admi...
Jul 16, 2024•52 min•Ep. 161
A short, thought-provoking book about what happens to our online identities after we die. These days, so much of our lives takes place online—but what about our afterlives? Thanks to the digital trails that we leave behind, our identities can now be reconstructed after our death. In fact, AI technology is already enabling us to “interact” with the departed. Sooner than we think, the dead will outnumber the living on Facebook. In this thought-provoking book, Carl Öhman explores the increasingly u...
Jul 14, 2024•39 min•Ep. 369
Throughout US history, lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have been pathologized, victimized, and criminalized. Reports of lynching, burning, or murdering of LGBTQ people have been documented for centuries. Prior to the 1970s, LGBTQ people were deemed as having psychological disorders and subsequently subject to electroshock therapy and other ineffective and cruel treatments. LGBTQ people have historically been arrested or imprisoned for crimes like sodomy, cross-dress...
Jul 14, 2024•37 min•Ep. 107
Myths about the powers held by the United States are often supported by the jurisdiction of the Supreme Court, which derives its logic from the interpretation of a document that the US itself developed. Therefore, when pressure is placed on a specific legal precedent, the shallowness of its validity is revealed. Dr. Mónica A. Jiménez accomplishes this kind of scholarly work in her recently published book Making Never-Never Land: Race and Law in the Creation of Puerto Rico (University of North Ca...
Jul 14, 2024•1 hr 24 min•Ep. 116
In Worthy of Freedom: Indenture and Free Labor in the Era of Emancipation (University of Chicago Press, 2024), Jonathan Connolly traces the normalization of indenture from its controversial beginnings to its widespread adoption across the British Empire during the nineteenth century. Initially viewed as a covert revival of slavery, indenture caused a scandal in Britain and India. But over time, economic conflict in the colonies altered public perceptions of indenture, now increasingly viewed as ...
Jul 13, 2024•1 hr 6 min•Ep. 236
Each year, hundreds of thousands of migrants are moved through immigration court. With a national backlog surpassing one million cases, court hearings take years and most migrants will eventually be ordered deported. The Slow Violence of Immigration Court: Procedural Justice on Trial (NYU Press, 2023) by Dr. Maya Pagni Barak sheds light on the experiences of migrants from the “Northern Triangle” (Guatemala, Honduras, and El Salvador) as they navigate legal processes, deportation proceedings, imm...
Jul 11, 2024•49 min•Ep. 226
What is data, and why does it matter for us to care about the data traces we leave behind? What are the implications for our lives of how this data is used by other people in other times and places? In a conversation with Joanne Kuai , authors Aram Sinnreich and Jesse Gilbert introduce their new book and talk about how we can rethink our relationship with data and stay informed to make better decisions in the face of technological uncertainty. In their latest book, The Secret Life of Data: Navig...
Jul 10, 2024•39 min•Ep. 368
In recent years, a searching national conversation has called attention to the social and racial injustices that define America’s criminal system. The incarceration of vast numbers of people, and the punitive treatment of African Americans in particular, are targets of widespread criticism. But despite the election of progressive prosecutors in several cities and the passage of reform legislation at the local, state, and federal levels, the system remains very much intact. How can the damage and...
Jul 09, 2024•32 min•Ep. 185
In Law and Humanities (Anthem Press, 2024), Professor Russell Sandberg and Dr Daniel Newman provide an accessible introduction to the law and humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field, tackling a wide ranging series of topics as law and geography, law and history, law and literature, law and theatre. Each chapter is written by an expert in the respective field and addresses how the two disciplines of law and the ot...
Jul 07, 2024•1 hr 40 min•Ep. 225
The psychological establishment has long pathologized diverse forms of sexual identity and gender expression. In the mid-century, a brave movement of gays and lesbians fought back and claimed: no, actually, we’re healthy . But in the process, did they define other identities unhealthy? This is episode two of Cited Podcast's returning season, the Rationality Wars. It tells stories about the political and intellectual battles to define rationality and irrational. For the rest of the series, visit ...
Jul 06, 2024•1 hr 15 min•Ep. 63
In Law and Personality Disorder: Human Rights, Human Risks, and Rehabilitation (Oxford UP, 2024) , Dr Ailbhe O'Loughlin considers the controversial and under-researched concern of what to do with dangerous people with severe personality disorders. She brings together scientific evidence, law and policy, to consider risk prevention, public security and human rights. This is a controversial area of law and policy, informed by ongoing debates about 'dangerous' offenders which exists at the intersec...
Jul 03, 2024•1 hr 8 min•Ep. 224
In recent years, dozens of counties in North Carolina have partnered with federal law enforcement in the criminalization of immigration--what many have dubbed "crimmigration." Southern border enforcement still monopolizes the national immigration debate, but immigration enforcement has become common within the United States as well. While Immigration and Customs Enforcement (ICE) operations are a major part of American immigration enforcement, Felicia Arriaga maintains that ICE relies on an alre...
Jun 30, 2024•1 hr 3 min•Ep. 23
In Denmark Vesey's Bible: The Thwarted Revolt that Put Slavery and Scripture on Trial (Princeton UP, 2022), Dr. Jeremy Schipper tells the story of a free Black man accused of plotting an anti-slavery insurrection in Charleston, South Carolina, in 1822. Vesey was found guilty and hanged along with dozens of others accused of collaborating with him. At the center of the book is an examination of how former slave Denmark Vesey used interpretations of the Bible to justify the revolt while members of...
Jun 27, 2024•1 hr 14 min•Ep. 465
Placing the Frontier in British North-East India: Law, Custom, and Knowledge (Oxford UP, 2023) is a study of the travels of colonial law into the North-East frontier of the British Empire in India. Focusing on the nineteenth century, it examines the relationship of law and space, and indigenous place-making. Inhabitants of the frontier hills examined in this book were not defined as British subjects, yet they were incorporated within the colonial legal framework. The work examines the nature of ...
Jun 26, 2024•1 hr 2 min•Ep. 232
Germany and China: How Entanglement Undermines Freedom, Prosperity and Security (Bloomsbury, 2024) is a groundbreaking book, of which the findings have significant implications both for German-China relations and also in understanding the rising influence of autocratic China on liberal democracies globally. In today's interview, Associate Professor Andreas Fulda and I spoke about Germany's entanglement with China, and the extent of Germany's dependancies on China in terms of economics, technolog...
Jun 22, 2024•1 hr•Ep. 223
How can the novel be a way to understand the development of nation-state borders? An important work in the intersections of law, literature, history, and migration, Stephanie DeGooyer's Before Borders: A Legal and Literary History of Naturalization (Johns Hopkins UP, 2022) offers fascinating insight into understanding naturalization. Tracing the idea of naturalization as it can be understood as a legal fiction and through literary fiction, DeGooyer offers a compelling approach to understanding n...
Jun 22, 2024•49 min•Ep. 56
In this episode of our occasional series, Postscript , we focus on the Supreme Court’s recently published decisions in two cases, about guns and abortion, but more about how the Executive and Judicial branches of government function in the United States. Constitutional Law scholar (and New Books in Political Science co-host ) Susan Liebell takes us through Garland v. Cargill , which focused on the Trump Administration’s implementation of a prohibition against bump stocks for rifles following the...
Jun 20, 2024•37 min•Ep. 24