After China officially “decriminalized” same-sex behavior in 1997, both the visibility and public acceptance of tongzhi , an inclusive identity term that refers to nonheterosexual and gender nonconforming identities in the People’s Republic of China, has improved. However, for all the positive change, there are few opportunities for political and civil rights advocacy under Xi Jinping’s authoritarian rule. Words Like Water: Queer Mobilization and Social Change in China (Temple UP, 2023) explores...
Sep 26, 2024•58 min•Ep. 68
Join us as we discuss Dr. Reid Blackman’s new book: Ethical Machines: Your Concise Guide to Totally Unbiased, Transparent, and Respectful AI (Harvard Business Review Press, 2022). We dive into the intricacies of developing AI and the intersection of ethics and innovation. Reid Blackman, Ph.D., is the author of Ethical Machines , creator and host of the podcast “Ethical Machines,” and Founder and CEO of Virtue, a digital ethical risk consultancy. He is also an advisor to the Canadian government o...
Sep 25, 2024•53 min•Ep. 118
At the end of the Constitutional Convention in Philadelphia, Benjamin Franklin was asked whether we have a republic or a monarchy. He replied “A Republic…if you can keep it.” In The Specter of Dictatorship: Judicial Enabling of Presidential Power (Stanford UP, 2021), David M. Driesen argues that Donald Trump's presidency challenged Americans to consider whether the Madisonian system of checks and balances could robustly respond to a president claiming extensive executive power and disregarding t...
Sep 23, 2024•55 min•Ep. 738
In many countries, censorship, blocking of internet access and internet content for political purposes are still part of everyday life. Will filtering, blocking, and hacking replace scissors and black ink? This book argues that only a broader understanding of censorship can effectively protect freedom of expression. For centuries, church and state controlled the content available to the public through political, moral and religious censorship. As technology evolved, the legal and political tools...
Sep 22, 2024•48 min•Ep. 225
In the city of New York from the 1930s to the 1990s, Irish attorney Paul O’Dwyer was a fierce and enduring presence in courtrooms, on picket lines, and in contests for elected office. He was forever the advocate of the downtrodden and marginalized, fighting not only for Irish Catholics in Northern Ireland but for workers, radicals, Jews, and African Americans and against the Vietnam War. With his shock of white hair and bushy eyebrows, O’Dwyer was widely recognized in politics and in the media. ...
Sep 22, 2024•49 min•Ep. 259
Dr. Aideen O'Shaughnessy is a Senior Lecturer in Sociology at the University of Lincoln. She has a PhD in Sociology from the University of Cambridge, an MA in Gender Studies Research from Utrecht University and a BA in Sociology and French at Trinity College Dublin. Her research focuses on gender, health, and social movements and she is particularly interested in the study of reproductive health, rights, and justice. She has published widely in journals including Body and Society, the European J...
Sep 21, 2024•45 min
In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches...
Sep 18, 2024•51 min•Ep. 120
Many scholars and members of the press have argued that John Roberts’ Supreme Court is exceptional. While some emphasize the approach to interpreting the Constitution or the justices conservative ideology, Dr. Kevin J. McMahon suggests that the key issue is democratic legitimacy. Historically, the Supreme Court has always had some “democracy gap” – democratically elected presidents appoint justices that serve for life. As presidents select justices, they attempt to move the Supreme Court in thei...
Sep 16, 2024•58 min•Ep. 737
Jails are the principal people-processing machines of the criminal justice system. Mostly they hold persons awaiting trial who cannot afford or have been denied bail. Although jail sentences max out at a year, some spend years awaiting trial in jail-especially in counties where courts are jammed with cases. City and county jails, detention centers, police lockups, and other temporary holding facilities are regularly overcrowded, poorly funded, and the buildings are often in disrepair. American j...
Sep 15, 2024•35 min•Ep. 2
Mary McAuliffe is a historian and lecturer in Gender Studies at UCD. Her latest publications include (is The Diaries of Kathleen Lynn co-authored with Harriet Wheelock) and Margaret Skinnider; a biography (UCD Press,2020). Throughout the Decade of Centenaries 2012-2023 she has been conducting extensive research on the experiences of women during the War of Independence and Civil War and is currently completing her book based on that research, OUTRAGE: Gendered and Sexual Violence in the Irish Wa...
Sep 14, 2024•57 min•Ep. 68
Join us for an in-depth exploration of Professor Cass Sunstein's latest work, Campus Free Speech (Harvard University Press, September 2024). Together, we'll examine the book’s intriguing take on free speech in academic spaces and the broader implications for constitutional interpretation. Professor Sunstein also delves into the exercise of administrative power, with timely discussions on COVID-era authority and the Supreme Court's decision in Chevron v. Natural Resources Defense Council . Gain u...
Sep 11, 2024•50 min•Ep. 119
One of the great divides in American judicial scholarship is between legal scholars who take the justices at their word and assume that those words define the law and political scientists who dismiss all judicial arguments as smokescreens for partisan bias or wider political forces. Today’s guest has written a book that bridges that divide. In Rot and Revival: The History of Constitutional Law in American Political Development (U California Press, 2024), Dr. Anthony Michael Kreis uses methods fr...
Sep 09, 2024•1 hr 3 min•Ep. 736
The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before U.S. District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who hav...
Sep 05, 2024•27 min•Ep. 188
An interview with Dr. Alexandre Caeiro in which we discuss Islamic law and institutions in Qatar, secularisation and the Ottomans. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
Sep 04, 2024•20 min•Season 1Ep. 14
Completed shortly before Hamas carried out its barbaric October massacre, Cary Nelson's Hate Speech and Academic Freedom: The Antisemitic Assault on Basic Principles (Academic Studies Press, 2024) takes up issues that have consequently gained new urgency in the academy worldwide. It is the first book to ask what impact antisemitism has had on the fundamental principles the academy relies on for its identity—academic freedom, free speech rights, standards for hiring or firing faculty members and ...
Sep 04, 2024•39 min•Ep. 126
The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists. In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims. Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally und...
Sep 03, 2024•1 hr 19 min•Ep. 232
Scholars often narrate the legal cases confirming LGBTQ+ rights as a huge success story. While it took 100 years to confirm the rights of Black Americans, it took far less time for courts to recognize marriage and adoption rights or workplace discrimination protections for queer people. The legal and political success of LGBTQ+ advocates often depended upon presenting sexual and gender identities as innate – or “immutable” to fit legal categories. Conservatives who oppose LGBTQ+ equality often a...
Aug 27, 2024•55 min•Ep. 731
This is part #3 of a the (ir)Rational Alaskans , a Cited Podcast mini-series that re-examines the legacy of the Exxon Valdez oil spill. In the last episode of the (ir)Rational Alaskans , Riki Ott, Linden O’Toole, and thousands of other Alaskan fishers won over $5 billion in punitive damages against Exxon for the Exxon Valdez oil spill. In our finale, while Ott and O’Toole wait for their cheques, Exxon fights back with a legal and academic appeal. In that appeal, they marshal some of the most-res...
Aug 25, 2024•1 hr 12 min•Ep. 67
Since the mid-nineteenth century, public officials, reformers, journalists, and other elites have referred to “the labour question.” The labour question was rooted in the system of wage labour that spread throughout much of Europe and its colonies and produced contending classes as industrialization unfolded. Answers to the Labour Question explores how the liberal state responded to workers’ demands that employers recognize trade unions as their legitimate representatives in their struggle for c...
Aug 24, 2024•1 hr 6 min•Ep. 110
In 2003, in a ruling that bordered on poetic, Supreme Court Justice Anthony Kennedy wrote in Lawrence v. Texas that sexual behavior between consenting adults was protected under the constitutional right to privacy. This was a landmark case in the course of LGBTQ+ rights in the Untied States, laying the groundwork for cases like 2015's Obergefell v. Hodges . Yet, this case did not emerge out of nowhere. In Before Lawrence v. Texas: The Making of a Queer Social Movement (U Texas Press, 2023), Univ...
Aug 24, 2024•58 min•Ep. 166
Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human r...
Aug 22, 2024•1 hr 18 min•Ep. 231
How did ideas of masculinity shape the British legal profession and the wider expectations of the white-collar professional? Brotherhood of Barristers: A Cultural History of the British Legal Profession, 1840–1940 (Cambridge University Press, 2024) by Dr. Ren Pepitone examines the cultural history of the Inns of Court – four legal societies whose rituals of symbolic brotherhood took place in their supposedly ancient halls. These societies invented traditions to create a sense of belonging among ...
Aug 22, 2024•56 min•Ep. 131
The dramatic inside story of the most important case in the history of sovereign debt law Unlike individuals or corporations that become insolvent, nations do not have access to bankruptcy protection from their creditors. When a country defaults on its debt, the international financial system is ill equipped to manage the crisis. Decisions by key individuals—from national leaders to those at the International Monetary Fund, from holdout creditors to judges—determine the fate of an entire nationa...
Aug 20, 2024•57 min•Ep. 108
Maria Dimova-Cookson 's new book Rethinking Positive and Negative Liberty (Routledge, 2019) offers an analysis of the distinction between positive and negative freedom building on the work of Constant, Green and Berlin. The author proposes a new reading of this distinction for the twenty-first century. The author defends the idea that freedom is a dynamic interaction between two inseparable, yet sometimes fundamentally, opposed positive and negative concepts – the yin and yang of freedom. Positi...
Aug 19, 2024•42 min•Ep. 55
Over two million Americans are currently in prison or jail. Another 4.5 million are on probation or parole. And nearly one in two Americans have a family member who is or has been incarcerated. Writing for those new to activism as well as seasoned organizers, celebrated criminal justice activist Raj Jayadev introduces readers to the groundbreaking idea of participatory defense, a community organizing model for families and communities aimed at bettering the outcome of cases involving their loved...
Aug 18, 2024•31 min•Ep. 187
In Litigating the Environment: Process and Procedure Before International Courts and Tribunals (Edward Elgar, 2023), Dr Justine Bendel scrutinises how international courts and tribunals may respond procedurally to an ever-growing list of environmental disputes. In a time of environmental crisis, she lays crucial groundwork for strengthening the application of international environmental law, a topic of increasing relevance for global civil society. Putting into perspective the practices of vario...
Aug 18, 2024•1 hr 17 min•Ep. 230
In our pursuit of efficiency in the lower criminal courts, have we lost sight of quality justice? Through the critical examination of original stenographic data, Over-Efficiency in the Lower Criminal Courts: Understanding a Key Problem and How to Fix it (Policy Press, 2024) by Dr. Shaun Yates demonstrates how an English Magistrates' courthouse often pursued managerial efficiency to the detriment of social justice and procedural due process values. Given that these courts process more than 95% of...
Aug 17, 2024•45 min•Ep. 229
This is part #2 of a the (ir)Rational Alaskans, a Cited Podcast series that re-examines the legacy of the Exxon Valdez oil spill. Last episode , the spill devastates Cordova, Alaska. In this second part, 12 Angry Alaskans , a jury of ordinary Alaskans picks up our story. They muddle through the most devastating, and most complicated, environmental disaster in US history. How would they decide the case? Subscribe today to ensure you do not miss our finale, Damaging Rationality , which examines th...
Aug 16, 2024•1 hr 11 min•Ep. 67
When the draft majority decision in Dobbs v. Jackson Women's Health was leaked, the media, public officials, and scholars focused on the overturning of Roe v. Wade . They noted Justice Alito’s strident tone and radical use of originalism to eliminate constitutional protection for reproductive rights. My guest today has written a book that asks us to also notice over 140 footnotes in the majority opinion and dissent. Are these notes part of the law? In his new book, The Supreme Court Footnote: A ...
Aug 12, 2024•1 hr 3 min•Ep. 728
After the unprecedented Exxon Valdez oil spill, a jury of ordinary Alaskans decided that Exxon had to be punished. However, Exxon fought back against their punishment. They did so, in-part, by supporting research that suggested jurors are irrational. This work came from an esteemed group of psychologists, behavioural economists, and legal theorists–including Daniel Kahneman, and Cass Sunstein. In this three-part series in partnership with Canada’s National Observer , Cited Podcast investigates t...
Aug 09, 2024•1 hr 3 min•Ep. 68
