100 books like Liberty and Sexuality

Monumental, extraordinary, a landmark: only superlatives would do in 1975 to praise Simple Justice by Richard Kluger.

If you want to understand education in America, race in America, the absence of equity in America, Simple Justice gets you there. The book begins with the South Carolina heroes of Briggs v. Elliott, impoverished rural petitioners who filed the first of five lawsuits composing Brown v. Board of Education. The book ends with the 1954 and 1955 US Supreme Court’s decisions declaring unconstitutional the legal segregation of public schools.

Kluger focuses on people, beginning with tenant farmers and sharecroppers who defied the white men controlling their every breath and petitioned for “equal everything.” Kluger’s vivid storytelling was among my inspirations, forty years after Brown, to seek South Carolina’s forgotten heroes. 

Anthony Lewis’s Gideon’s Trumpet may be the most famous journalistic account of a single Supreme Court case, but his Make No Law has the more compelling origin story. A representative of the Committee to Defend Martin Luther King and the Struggle for Freedom in the South walks into The New York Times headquarters to take out an advertisement. When the full-page ad, headlined “Heed Their Rising Voices,” was published, a number of southern officials took issue with how it described their actions with regard to protesters; one of them, Montgomery, Alabama, police commissioner L. B. Sullivan decided to sue the Times for libel. A local all-white jury ruled in Sullivan’s favor, but the U.S. Supreme Court in 1964 reversed the decision, enshrining a high standard for public figures to sue for defamation. Lewis, who covered the case for the Times, delivers an account that only tracks the maturity of… show more.

The issue before the court in 1983’s Immigration and Naturalization Service v. Chadha concerned one of the grandest principles of the American project, the separation of powers, but the facts of the case were all at a tragically human scale. Jagdish Chadha had come to the United States as a student, but when the INS determined he had overstayed his visa it was not clear what to do with him. Born in colonial Kenya to Indian parents and then moved to the United States, explains Craig, “he was not deportable but he had no visa, no papers of any kind to show prospective employers.” After Congress stepped in to intervene with the INS’s handling of Chadha’s case, using a fairly obscure mechanism known as the “legislative veto,” litigators working with Ralph Nader volunteered to represent him; they saw an avenue to pull back lawmakers’ ability to meddle with administration policy… show more.

I admire this book for its measured erudition on a topic (guns) that the author feels is the most formative cultural chasm in the US. Winkler, a renowned legal scholar, uses the 2008 Supreme Court Heller decision that enshrined the second amendment as an individual right to bear arms as the touchstone for a riveting and more wide-ranging investigation of the history of gun rights as well as gun control laws. Winkler finds historical precedents for the concept of an individual right (if not a mandate, in some cases) to bear arms.

However, what I found most surprising is Winkler’s account of the equally sturdy and deeply-rooted history of gun control and regulation. This revises the popular wisdom that gun control, essentially, has no history—that the US was a land of unfettered gun-toting and gun-owning that was only later thwarted by modern, liberal gun restrictions. On the contrary, by the… show more.

If you ever want to know what the medieval Church had to say about sex, love, marriage, and other related topics, you only need to draw from the relevant preachers’ manuals and Church lawbooks, which illuminate the entire spectrum of human failings which the Church condemned and punished in specific terms. It might be hilarious at times, but Brundage clearly unearths the concrete rules for the ordinary people when they were allowed to have sex during the year and under what conditions. Moreover, this is an eye-opening book about the official view of queerness in the Middle Ages.

Ari Waldman’s Industry Unbound eviscerates many of the current privacy laws and corporate privacy programs. On the surface, we appear to be living in the golden age of privacy law. Privacy laws are being passed at a feverish rate. Many companies now have dedicated teams of individuals who build a privacy program at the company to comply with the laws, assess privacy risks, train employees, and ensure that products and services are designed in ways that are protective of privacy. Unfortunately, Waldman contends, these privacy programs are hollow. They amount to building a meaningless paper record and end up cloaking poor privacy practices with a pretty facade. Even those who do not agree with the potency of Waldman’s critique must take note of the concerns he raises. His arguments are essential to engage with.  

Privacy’s Blueprint presents a deep, vivid, and concrete account of how technology companies design devices, websites, and software in ways that diminish privacy. Design choices are frequently clandestine, built so that people don’t notice them or how they are being pushed and manipulated into sharing more data or making choices that surrender their privacy. With clear and engaging examples, Hartzog illuminates these shadowy designs and shows how they work. He contends that privacy law can’t be effective unless it regulates design. According to Hartzog, design can be regulated in ways that aren’t overly controlling or stifling to innovation. This is a great book, filled with countless insights, and it is highly accessible. 

Lessig lays out his vision for how the Internet should and should not be regulated in easy-to-understand prose that belies a powerful ideology. This book really helped me frame in my own book how new technologies, like the Internet, are approached by regulators and governments. The idea that code cannot be owned, lest it be manipulated, as Lessig states, unlocked a way for me to think and write about how blockchain should be approached as well. 

In 1991, Dworkin taught at Oxford a seminar titled “Abortion, Euthanasia and Dementia”.

Until then, I never paid too much attention to these subjects, not more than any lay person with general knowledge. I attended the seminar simply because Dworkin delivered it.

This was the most interesting and thought-provoking seminar I have ever attended in my life. It opened my interest in medical ethics, a field that is still one of my preoccupations.

Dworkin was writing at that time Life’s Dominion. Each week he would circulate a chapter of his book, to be discussed in the following week.

We were some twelve students in class; each of us read and commented on the chapters. There was a very lively exchange and fierce debates.

Again, while I disagreed with some of Dworkin’s arguments, I could not but appreciate the force of his reasoning. After that seminar, I decided to embark… show more.

This book has arrived with a bang, telling stories about how women and couples navigate questions of contraception. Littlejohn is a great writer, telling vivid story after vivid story about how decisions about contraception get made -- who has it easy, who doesn't, and why women rarely fall in the first category.