New Books in Law

• Lara Montesinos Coleman, "Struggles for the Human: Violent Legality and the Politics of Rights" (Duke UP, 2023)

  In Struggles for the Human: Violent Legality and the Politics of Rights (Duke University Press 2024), Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives. Lara Montesinos Coleman is Professor of International Law, Ethics and Political Economy at the University of Sussex, where she also teaches on the MA in Human Rights. She is author of Struggles for the Human: Violent Legality and the Politics of Rights, published by Duke University Press in 2024 and shortlisted for the Susan Strange Best Book Prize, awarded for an outstanding book published in any field of International Studies. Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at [email protected]. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Jake Monaghan, "Just Policing" (Oxford UP, 2023)

  Policing is a source of perennial conflict and philosophical disagreement. Current political developments in the United States have only increased the urgency of this topic. Today we welcome philosopher Jake Monaghan to discuss his book, Just Policing (Oxford UP, 2023), which applies interdisciplinary insights to examine the morality of policing. Though the injustices of our world seemingly require some kind of policing, the police are often sources of injustice themselves. But this is not always the result of intentionally or negligently bad policing. Sometimes it is an unavoidable result of the injustices that emerge from interactions with other social systems. This raises an important question of just policing: how should police respond to the injustices built into the system? Just Policing attempts an answer, offering a theory of just policing in non-ideal contexts. Monaghan argues that police discretion is not only unavoidable, but in light of non-ideal circumstances, valuable. This claim conflicts with a widespread but inchoate view of just policing, the legalist view that finds justice in faithful enforcement of the criminal code. But the criminal code leaves policing seriously underdetermined; full enforcement is neither possible nor desirable. Police need an alternative normative framework for evaluating and guiding their exercise of power. Just Policing critiques popular approaches to police abolitionism while defending normative limits on police power. The book offers a defense of police discretion against common objections and evaluates controversial issues in order maintenance, such as the policing of "vice" and homelessness, democratic control over policing, community policing initiatives, police collaborations and alternatives like mental health response teams, and possibilities for structural reform. Jake Monaghan is Assistant Professor of Philosophy at the University of Southern California. He earned his Ph.D. in philosophy at the University of Buffalo. His research is primarily in moral and political philosophy. He is interviewed by Tom McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law and development internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Mark Fallon, "Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture" (Regan Arts, 2017)

  From busting drug lords to leading the Pentagon task force charged with bringing the 9/11 terrorists to justice, Mark Fallon has spent his career on the front lines of U.S. national security. My first guest is one of the most fascinating people I've interviewed. Former NCIS Special Agent in Charge Mark Fallon is a national security consultant, scholar, and expert in counterintelligence and counterterrorism who's been involved in some of the most significant terrorism investigations in U.S. history. Mark served more than thirty years in government—twenty-seven with the NCIS and two as a Senior Executive within the Department of Homeland Security. He received numerous awards and medals for his service, including the Department of Defense Counterintelligence Award for Outstanding Achievement and the U.S. Secret Service Director Honors Award. As an NCIS Special Agent, Mark operated undercover in some of the most dangerous places in the world—from infiltrating drug rings in Thailand to capturing poachers in Kenya. He takes us inside his undercover operations and describes his strategy for a successful mission. We talked about the interview and interrogation techniques that actually work (hint: they involve rapport and, occasionally, French fries), and the moment his wife discovered details of an undercover operation. In the wake of the 9/11 terrorist attacks, Mark was appointed Deputy Commander and Special Agent in Charge of the Pentagon task force, responsible for investigating terrorists for possible trials before military commissions. His critically acclaimed book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture (Regan Arts, 2017) offers a gripping account of the leadership challenges he faced while trying to bring terrorists to justice without compromising his oath to protect and defend the Constitution. Mark opens up about what it takes to lead under pressure, the duty to disobey an unlawful order, and why interrogators make the best first dates He shares leadership lessons that extend far beyond national security—tools for navigating crisis, conflict, and high-stakes decisions in any field. Today, as founder of ClubFed, Mark serves as an international security consultant and continues his mission for improving the practice of interviews and interrogations. Pulitzer Prize–winning investigative reporter Bill Dedman calls Mark Fallon "the Serpico in the war on terror," and high-ranking officials call him an American hero who’s made the world safer. Listen to the podcast—and you'll understand why. Pamela Hamilton is the award-winning author of Lady Be Good: The Life and Times of Dorothy Hale, Kirkus Best Book of the Year and Publishers Weekly Editor's Pick. As a producer with NBC News for nearly 15 years, she interviewed prominent figures in business, entertainment, lifestyle, and the arts. Visit www.pamelalhamilton.com to learn more — and sign up to be notified when new episodes are released. Connect on Instagram and Facebook @pamelahamiltonauthor.                  "We told them 'You may not, you must not—you have a duty not to obey an unlawful order." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Maïa Pal, "Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital" (Cambridge UP, 2020)

  With rigorous attention to history and empire, Maïa Pal's Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge UP, 2020) is a unique analysis of imperial expansion. Through an analysis of ambassadors and consuls in the Mediterranean—and attention to Castilian, French, Dutch, and British empires—Pal's multifaceted conceptualization of jurisdictional analysis gathers together law and capital in the early modern period. A compelling application of political Marxist frameworks, Jurisdictional Accumulation is a multidisciplinary approach to thinking through extraterritoriality and its implications. Through archival work, theorization, and legal analyses, Pal offers us a novel way to better understand the links between capital, law, and imperial authority. Dr. Maïa Pal is a Senior Lecturer in International Relations at Oxford Brookes University. Her research brings together international relations theory, international political economy, and histories of international law, and focuses on early modern overseas consuls, imperialism, and empire.Rine Vieth is an FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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• Stephen H. Legomsky, "Reimagining the American Union: The Case for Abolishing State Government" (Cambridge UP, 2024)

  Since American president Donald Trump was elected to a second term, it is common to hear citizens, journalists, and public officials distinguish between the laws and leaders of their states and the national government. Those who oppose Trump’s policies with regard to reproductive rights, gun violence, LGBTQ+, education, police, and voting often present state constitutions, courts, laws, culture, and leaders as a bulwark against Trump’s autocratic rule.  But Professor Stephen H. Legomsky sees it differently. His new book, Reimagining the American Union: The Case for Abolishing State Government (Cambridge University Press 2025) argues that – if we care about democracy – we should imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of one American people. Reimagining the American Union understands state government as the root cause of the gravest threats to American democracy. While some of those threats are baked into the Constitution, the book argues that others are the product of state legislatures abusing their powers through gerrymanders, voter suppression, and other less-publicized manipulations that often target African-Americans and other minority voters. Reimagining the American Union interrogates how having national, state and local legislative bodies, taxation, bureaucracy, and regulation wastes taxpayer money and burdens the citizenry. After assessing the supposed benefits of state government, Professor Legomsky argues for a new, unitary American republic with only national and local governments. Stephen H. Legomsky is the John S. Lehmann University Professor Emeritus at the Washington University School of Law. Professor Legomsky has published scholarly books on immigration and refugee law, courts, and constitutional law. He served in the Obama Administration as Chief Counsel of U.S. Citizenship and Immigration Services and later as Senior Counselor to Secretary of Homeland Security Jeh Johnson. He was a member of President-Elect Biden’s transition team, has testified often before Congress, and has worked with state, local, UN, and foreign governments. Mentioned: Cambridge University press is offering a 20% discount here (until October) Susan’s NBN interview with Richard Kreitner on Break It Up: Secession, Division, and The Secret History of America’s Imperfect Union Jonathan A. Rodden’s Why Cities Lose: The Deep Roots of the Urban-Rural Political Divide (Basic Books 2019) Hendrik Hertzberg’s review of Robert A. Dahl’s How Democratic Is the American Constitution (Yale) Shelby County v. Holder, the Supreme Court case that overturned the Voting Rights Act of 1965’s pre-clearance requirement for historically discriminating districts Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

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